Justice and Community Safety Legislation Amendment Act 2004 (No 2) (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2004 (No 2)

A2004-32

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Agents Act 2003

  1. Legislation amended—pt 2  3

  2. Eligibility for licences


    Section 24 (1) (d)  3

  3. New section 24 (3A)  3

  4. Section 24  3

  5. Dealing with trust money


    New section 107 (3A)  4

  6. Section 107  4

Part 3Agents Regulations 2003

  1. Legislation amended—pt 3  5

  2. Qualifications for licences, Act s 25


    New regulation 6 (1A)  5

  3. Regulation 6  5

Part 4Civil Law (Sale of Residential Property) Act 2003

  1. Legislation amended—pt 4  6

  2. Definitions for pt 2


    Section 7, new definition of building and compliance inspection report      6

  3. Section 7, definition of building inspection report  6

  4. Section 7, definition of encumbrance  6

  5. Section 7, definition of pest treatment certificate  6

  6. Section 7, definition of seller, paragraph (a)  7

  7. Meaning of residential property


    New section 8 (2) (ba)  7

  8. Section 8 (2) (c)  7

  9. Section 8 (2)  7

  10. Meaning of required documents


    New section 9 (1) (ba)  8

  11. Section 9 (1) (f) (i)  8

  12. Section 9 (1) (g) (iii)  8

  13. Section 9 (1) (g) (iii)  9

  14. Section 9 (1) (g) (iv) and (v)  9

  15. Section 9 (1) (g) (vi) and (vii)  9

  16. Section 9 (1) (g) (vii)  9

  17. New section 9 (1) (h)  9

  18. Section 9 (1)  10

  19. Section 9 (2) (a)  10

  20. Section 9 (2) (a) (iii)  10

  21. Section 9 (2) (b)  10

  22. New section 9 (2) (c) and (d)  10

  23. Section 9 (3)  11

  24. Proposed contract etc to be available for inspection


    Section 10 (1)  11

  25. Certain conditions to be included in contract


    Section 11 (1) (a) (ii)  11

  26. Section 11 (1) (d)  12

  27. Section 11 (1) (f) (iii)  12

  28. Section 11 (1) (g) (i)  12

  29. Section 11 (1) (g) (iii)  13

  30. Section 11 (1) (h)  13

  31. Section 11 (1) (i)  13

  32. Section 11 (2)  14

  33. Section 11 (2) (a)  14

  34. Buyer may waive cooling-off period


    Section 13  14

  35. Buyer to reimburse seller for cost of certain reports


    Section 18 (a) and (b)  14

  36. Definitions for pt 3


    Section 20, definition of energy efficiency rating statement, paragraph (a) 15

  37. Bidders record


    Section 25 (4)  15

  38. Bidder’s name and address to be established by proof of identity


    Section 26 (5)  15

  39. New section 31A  16

  40. Auction conditions to be available before auction begins


    New section 32 (3)  16

  41. Making false or misleading statements


    Section 37 (7), definition of relevant document, paragraph (b), (c) and (d) 16

  42. Regulation-making power


    New section 40 (3) and (4)  17

  43. New part 7  17

  44. Schedule 1, amendment 1.1


    Proposed new section 89A (1) (b) and (2) (c)  18

  45. Dictionary, new definition of building and compliance inspection report     18

  46. Dictionary, definition of building inspection report  19

  47. Dictionary, new definition of developer’s holding lease  19

  48. Dictionary, definition of pest treatment certificate  19

  49. Dictionary, new definition of unit title certificate  19

Part 5Civil Law (Wrongs) Act 2002

  1. Legislation amended—pt 5  20

  2. Limitation of liability for acts of terrorism


    Section 38 (1)  20

  3. Expiry of pt 3.3


    Section 39  20

  4. Respondent to give documents etc to claimant


    Section 68 (2) (b)  20

  5. Application provision for Civil Law (Wrongs) Amendment Act 2003


    Section 225  21

  6. Section 225  21

Part 6Civil Law (Wrongs) Regulations 2003

  1. Legislation amended—pt 6  22

  2. Modification of Act, ch 16—Act, s 231


    Regulation 13  22

Part 7Cooperatives Act 2002

  1. Legislation amended—pt 7  23

  2. New section 451A  23

Part 8Crimes Act 1900

  1. Legislation amended—pt 8  24

  2. New section 26A  24

Part 9Crimes (Forensic Procedures) Act 2000

  1. Legislation amended—pt 9  25

  2. Permissible matching of DNA profiles


    Section 97 (1)  25

  3. Section 97  30

Part 10Domestic Relationships Act 1994

  1. Legislation amended—pt 10  31

  2. Section 31  31

  3. New section 33 (3), (4) and (5)  31

Part 11Justices of the Peace Act 1989

  1. Legislation amended—pt 11  32

  2. Title  32

  3. Section 1  32

  4. Sections 3 and 3A  32

  5. Register


    Section 4  33

  6. Section 4A  33

  7. Sections 5 and 6  33

  8. New section 7  33

Part 12Leases (Commercial and Retail) Act 2001

  1. Legislation amended—pt 12  34

  2. Expiry of pt 16


    Section 171  34

Part 13Legislation Act 2001

  1. Legislation amended—pt 13  35

  2. When must prosecutions begin?


    Section 192 (1)  35

Part 14Ombudsman Act 1989

  1. Legislation amended—pt 14  36

  2. Functions


    New section 5 (2) (ca)  36

  3. Section 5 (2)  36

Part 15Security Industry Act 2003

  1. Legislation amended—pt 15  37

  2. General suitability criteria


    Section 21 (1) (a) (iii)  37

  3. Section 21 (1) (b) (ii)  37

  4. Section 52 heading  37

  5. Section 52 (2) (f)  37

Part 16Security Industry Regulations 2003

  1. Legislation amended—pt 16  39

  2. Regulation 7  39

Part 17Trade Measurement Act 1991

  1. Legislation amended—pt 17  41

  2. Exemptions from Act


    New section 6 (2) (a)  41

Justice and Community Safety Legislation Amendment Act 2004 (No 2)

A2004-32

An Act to amend the law relating to justice and community safety

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Justice and Community Safety Legislation Amendment Act 2004 (No 2).

  2. Commencement

    (1)Part 2 (Agents Act 2003), part 3 (Agents Regulations 2003) and part 12 (Leases (Commercial and Retail) Act 2001) commence on the day after this Act’s notification day.

    (2)Part 4 (Civil Law (Sale of Residential Property) Act 2003) commences on 1 July 2004.

    (3)The remaining provisions commence on the 14th day after this Act’s notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2Agents Act 2003

  1. Legislation amended—pt 2

    This part amends the Agents Act 2003.

  2. Eligibility for licences
    Section 24 (1) (d)

    substitute

    (d)for a travel agents licence—the individual is eligible under section 26 (Additional eligibility grounds for travel agents).

  3. New section 24 (3A)

    insert

    (3A)However, a corporation is eligible to be licensed as a travel agent if—

    (a)the commissioner for fair trading is satisfied that no director of the corporation is disqualified from being licensed under section 27; and

    (b)at least 1 director of the corporation satisfies the eligibility requirements of section 24 (1) (a) to (c); and

    (c)the corporation satisfies the additional eligibility requirements of section 26 (Additional eligibility grounds for travel agents).

  4. Section 24

    renumber subsections when Act next republished under Legislation Act

  5. Dealing with trust money
    New section 107 (3A)

    insert

    (3A)A licensed agent commits an offence if the agent pays an amount out of a trust account maintained by the agent otherwise than—

    (a)by electronic transfer; or

    (b)by using a cheque that—

    (i)is expressed to be payable to a person specified in the cheque; and

    (ii)clearly bears across the front of the cheque the addition of 2 parallel transverse lines with the words ‘not negotiable’ between, or substantially between, the lines.

    NoteThis cheque is a ‘crossed cheque’ (see Cheques Act 1986 (Cwlth), s 53).

    Maximum penalty:  100 penalty units.

  6. Section 107

    renumber subsections when Act next republished under Legislation Act

Part 3Agents Regulations 2003

  1. Legislation amended—pt 3

    This part amends the Agents Regulations 2003.

  2. Qualifications for licences, Act s 25
    New regulation 6 (1A)

    insert

    (1A)However, a person has the qualifications for a real estate agents licence if, immediately before the repeal of the repealed Act, the person was eligible for the grant of a real estate agent’s licence under that Act.

  3. Regulation 6

    renumber subregulations when regulations next republished under Legislation Act

Part 4Civil Law (Sale of Residential Property) Act 2003

  1. Legislation amended—pt 4

    This part amends the Civil Law (Sale of Residential Property) Act 2003.

  2. Definitions for pt 2
    Section 7, new definition of building and compliance inspection report

    insert

    building and compliance inspection report means a building and compliance inspection report prescribed under the regulations.

  3. Section 7, definition of building inspection report

    omit

  4. Section 7, definition of encumbrance

    substitute

    encumbrance, in relation to residential property proposed to be sold, includes an unregistered or statutory encumbrance, but does not include an encumbrance that is to be released or discharged on or before completion of the sale.

  5. Section 7, definition of pest treatment certificate

    omit

  6. Section 7, definition of seller, paragraph (a)

    after

    legal

    insert

    or equitable

  7. Meaning of residential property
    New section 8 (2) (ba)

    insert

    (ba)land or a unit subject to the Retirement Villages Industry Code of Practice prescribed under the Fair Trading Act 1992, section 34; or

  8. Section 8 (2) (c)

    omit

    ‘developer’s holding lease’

    substitute

    developer’s holding lease

  9. Section 8 (2)

    renumber paragraphs when Act next republished under Legislation Act

  10. Meaning of required documents
    New section 9 (1) (ba)

    insert

    (ba)a copy of the deposited plan;

  11. Section 9 (1) (f) (i)

    substitute

    (i)if there is a registered units plan—

    (A)the registered units plan; and

    (B)a unit title certificate for the unit dated not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent; and

    (ia)if there is no registered units plan—a plan showing the proposed location and dimensions of the unit in relation to other units and the common property; and

  12. Section 9 (1) (g) (iii)

    after

    building

    insert

    and compliance

  13. Section 9 (1) (g) (iii)

    after

    advertised

    insert

    or offered

  14. Section 9 (1) (g) (iv) and (v)

    omit

  15. Section 9 (1) (g) (vi) and (vii)

    after

    advertised

    insert

    or offered

  16. Section 9 (1) (g) (vii)

    omit

    agent.

    substitute

    agent;

  17. New section 9 (1) (h)

    insert

    (h)any other document prescribed under the regulations.

  18. Section 9 (1)

    renumber paragraphs and subparagraphs when Act next republished under Legislation Act

  19. Section 9 (2) (a)

    before

    inspection

    insert

    and compliance

  20. Section 9 (2) (a) (iii)

    omit

    ‘off-the plan purchase’

    substitute

    off-the-plan purchase

  21. Section 9 (2) (b)

    omit

    unit.

    substitute

    unit; and

  22. New section 9 (2) (c) and (d)

    insert

    (c)a document mentioned in subsection (1) is not required if the seller cannot obtain the document after taking all reasonable steps to obtain it; and

    (d)for a sale of vacant land under a developer’s holding lease, the required documents are—

    (i)a copy of the holding lease; and

    (ii)a copy of the development conditions or, if they are not finalised, the draft development conditions for the lease.

  23. Section 9 (3)

    omit

    , (v)

  24. Proposed contract etc to be available for inspection
    Section 10 (1)

    before

    times

    insert

    reasonable

  25. Certain conditions to be included in contract
    Section 11 (1) (a) (ii)

    after

    possession

    insert

    on completion of the contract

  26. Section 11 (1) (d)

    substitute

    (d)if, before completion of the contract, the buyer becomes aware of an unapproved structure that is not disclosed in the contract, the buyer may—

    (i)ask the seller to arrange for the structure to be approved before completion of the contract; and

    (ii)if the structure is not approved before completion—rescind the contract, or complete the contract and claim damages.

  27. Section 11 (1) (f) (iii)

    omit

    there are no

    substitute

    the seller has no knowledge of any

  28. Section 11 (1) (g) (i)

    after

    be

    insert

    , or be able to be,

  29. Section 11 (1) (g) (iii)

    omit

    there are no

    substitute

    the seller has no knowledge of any

  30. Section 11 (1) (h)

    substitute

    (h)if, before completion of the contract, the buyer becomes aware of an error in the description of the property the buyer may—

    (i)ask the seller to arrange for the error to be corrected before completion of the contract; and

    (ii)if the error is not corrected before completion—

    (A)for an error that is material—rescind the contract, or complete the contract and claim damages; and

    (B)for an error that is not material—complete the contract and claim damages;

  31. Section 11 (1) (i)

    omit

    (g)

    substitute

    (h)

  32. Section 11 (2)

    omit

    (g) (ii)

    substitute

    (g) (i), (ii)

  33. Section 11 (2) (a)

    after

    property

    insert

    , or exercising a power of sale

  34. Buyer may waive cooling-off period
    Section 13

    omit

    signing

    substitute

    entering into

  35. Buyer to reimburse seller for cost of certain reports
    Section 18 (a) and (b)

    substitute

    (a)a building and compliance inspection report required under section 9 (1) (g) (iii) (or, if the seller obtained more than 1 report, the latest report);

    (b)a pest inspection report required under section 9 (1) (g) (vi) (or, if the seller obtained more than 1 report, the latest report).

  36. Definitions for pt 3
    Section 20, definition of energy efficiency rating statement, paragraph (a)

    substitute

    (a)a statement prepared in accordance with the energy guidelines adopted under the Territory plan that apply to residential premises; or

  37. Bidders record
    Section 25 (4)

    after

    in relation to

    insert

    bidders records, including

  38. Bidder’s name and address to be established by proof of identity
    Section 26 (5)

    omit

    (3)

    substitute

    (4)

  39. New section 31A

    insert

31AStandard auction conditions

A public auction of residential property must be conducted in accordance with the standard auction conditions prescribed under the regulations.

  1. Auction conditions to be available before auction begins
    New section 32 (3)

    insert

    (3)In this section:

    conditions, of an auction, means—

    (a)the standard auction conditions prescribed under section 31A; and

    (b)any other conditions (not inconsistent with the standard auction conditions) decided by the seller for the auction.

  2. Making false or misleading statements
    Section 37 (7), definition of relevant document, paragraph (b), (c) and (d)

    substitute

    (b)a building and compliance inspection report; or

    (c)a pest inspection report.

  3. Regulation-making power
    New section 40 (3) and (4)

    insert

    (3)The regulations may incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

    (4)In this section:

    incorporate includes apply and adopt.

  4. New part 7

    insert

Part 7Transitional

  1. Contracts entered into before 1 July 2004

    Part 2 (Sale of residential property) does not apply in relation to a contract for the sale of residential property entered into before 1 July 2004.

  2. Required documents not available before 31 October 2004

    (1)A seller of residential property does not commit an offence against section 10 (Proposed contract etc to be available for inspection) because a required document is not available at any time before 31 October 2004 if the seller has taken all reasonable steps to obtain the document.

    (2)This section expires on 31 October 2004.

  3. Transitional regulations

    (1)The regulations may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.

    (2)Without limiting subsection (1), the regulations may prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

    (3)Regulations made for this section must not be taken to be inconsistent with this Act as far as they can operate concurrently with this Act.

    (4)This section is additional to, and does not limit, section 46.

  4. Modification of pt 7’s operation

    The regulations may modify the operation of this part to make provision in relation to any matter that is not already, or is not (in the Executive’s opinion) adequately, dealt with in this part

  5. Expiry of pt 7

    This part expires 1 year after the day it commences.

  6. Schedule 1, amendment 1.1
    Proposed new section 89A (1) (b) and (2) (c)

    before

    times

    insert

    reasonable

  7. Dictionary, new definition of building and compliance inspection report

    insert

    building and compliance inspection report, for part 2 (Sale of residential property)—see section 7.

  8. Dictionary, definition of building inspection report

    omit

  9. Dictionary, new definition of developer’s holding lease

    insert

    developer’s holding lease—see section 8 (2) (c).

  10. Dictionary, definition of pest treatment certificate

    omit

  11. Dictionary, new definition of unit title certificate

    insert

    unit title certificate, for a unit, means a certificate given under the Unit Titles Act 2001, section 75 (1).

Part 5Civil Law (Wrongs) Act 2002

  1. Legislation amended—pt 5

    This part amends the Civil Law (Wrongs) Act 2002.

  2. Limitation of liability for acts of terrorism
    Section 38 (1)

    omit

    committed before 1 October 2004

  3. Expiry of pt 3.3
    Section 39

    omit

  4. Respondent to give documents etc to claimant
    Section 68 (2) (b)

    omit

    claimant’s

    substitute

    respondent’s

  5. Application provision for Civil Law (Wrongs) Amendment Act 2003
    Section 225

    insert

    (2A)Chapter 5 applies to a claim based on a cause of action that arose before 8 March 2004 and in relation to which the claimant had not consulted a lawyer as mentioned in subsection (2) as if section 51 (3) (a) (i) and (ii) read as follows:

    ‘(i)8 March 2004; or

    (ii)if symptoms of the injury were not immediately apparent and did not appear before 8 March 2004—the day the symptoms of the injury first appear;’

  6. Section 225

    renumber subsections when Act next republished under Legislation Act

Part 6Civil Law (Wrongs) Regulations 2003

  1. Legislation amended—pt 6

    This part amends the Civil Law (Wrongs) Regulations 2003.

  2. Modification of Act, ch 16—Act, s 231
    Regulation 13

    omit

Part 7Cooperatives Act 2002

  1. Legislation amended—pt 7

    This part amends the Cooperatives Act 2002.

  2. New section 451A

    insert

451AContravention of s 451

(1)If the registrar is of the opinion that a person is contravening section 451 (2), the registrar may, by written notice to the person, identify the contravention and ask the person—

(a)if the person is a company or society formed or incorporated elsewhere than in the ACT—to apply under section 451 (4) to become an exempt body for section 451; or

(b)in any other case—to become registered as a cooperative.

(2)If the person complies with the notice within 6 months after the day the person is given the notice, the person is taken not to have contravened section 451 (2).

Part 8Crimes Act 1900

  1. Legislation amended—pt 8

    This part amends the Crimes Act 1900.

  2. New section 26A

    insert

26ACommon assault—summary offence

(1)A person commits an offence if the person assaults someone else.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both

(2)The Criminal Code, chapter 2 (other than the immediately applied provisions) does not apply to an offence against this section.

(3)Subsections (2) and (4) and this subsection expire on the default application date.

(4)In this section:

default application date—see the Criminal Code, section 10.

immediately applied provisions—see the Criminal Code, section 10.

Part 9Crimes (Forensic Procedures) Act 2000

  1. Legislation amended—pt 9

    This part amends the Crimes (Forensic Procedures) Act 2000.

  2. Permissible matching of DNA profiles
    Section 97 (1)

    substitute

    (1)A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not permitted by this Act if—

    (a)‘no’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or

    (b)‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.

    (1A)A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted by this Act if—

    (a)‘yes’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or

    (b)‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.

Table 97Table of permissible matching of DNA profiles

profile to be matched Is matching permitted?
column 1 column 2 column 3 column 4 column 5 column 6 column 7 column 8
crime scene suspects volunteers (limited purposes) volunteers (unlimited purposes) serious offenders missing persons unknown deceased persons
crime scene yes yes only if within purpose yes yes yes yes
suspects yes no only if within purpose no yes no yes
volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose
volunteers (unlimited purposes) yes no only if within purpose no yes yes yes
serious offenders yes yes only if within purpose no yes yes yes
missing persons yes yes only if within purpose yes yes yes yes
unknown deceased persons yes yes only if within purpose yes yes yes yes

  1. Section 97

    renumber subsections when Act next republished under Legislation Act

Part 10Domestic Relationships Act 1994

  1. Legislation amended—pt 10

    This part amends the Domestic Relationships Act 1994.

  2. Section 31

    substitute

  3. Meaning of agreement for pt 4

    In this part:

    agreement means a domestic relationship agreement or a termination agreement.

  4. New section 33 (3), (4) and (5)

    insert

    (3)If a certificate mentioned in subsection (1) (d) is furnished before the commencement of the amendment of this section made by the Justice and Community Safety Legislation Amendment Act 2004, the certificate is as valid, and is taken always to have been as valid, as it would have been if it had been furnished after that commencement.

    (4)Subsection (3) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (5)Subsections (3) and (4) and this subsection expire on the day they commence.

Part 11Justices of the Peace Act 1989

  1. Legislation amended—pt 11

    This part amends the Justices of the Peace Act 1989.

  2. Title

    substitute

    An Act about justices of the peace

  3. Section 1

    substitute

  4. Name of Act

    This Act is the Justices of the Peace Act 1989.

  5. Sections 3 and 3A

    substitute

  6. Appointments

    (1)The Minister may appoint a person as a justice of the peace.

    Note 1For the making of appointments, see Legislation Act, pt 19.3.

    Note 2A person’s appointment ends if the person resigns (see Legislation Act, s 210).

    (2)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.

    (3)An appointment under this section is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

    (4)Before beginning to perform the duties of office, a justice of the peace must take an oath of office, or make an affirmation of office, before a judge, in accordance with the relevant form in schedule 1.

  7. Register
    Section 4

    omit

    shall

    substitute

    must

  8. Section 4A

    renumber as section 5

  9. Sections 5 and 6

    omit

  10. New section 7

    insert

  11. Application of Legislation Act, s 88

    (1)Section 5 and section 6, as in force immediately before the commencement of this section, are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

    (2)This section expires on the day it commences.

Part 12Leases (Commercial and Retail) Act 2001

  1. Legislation amended—pt 12

    This part amends the Leases (Commercial and Retail) Act 2001.

  2. Expiry of pt 16
    Section 171

    substitute

  3. Expiry of pt 16

    (1)This part expires on 30 June 2006.

    (2)However, section 169, section 170 and this subsection expire on 30 June 2004.

Part 13Legislation Act 2001

  1. Legislation amended—pt 13

    This part amends the Legislation Act.

  2. When must prosecutions begin?
    Section 192 (1)

    substitute

    (1)A prosecution for the following offences against a Territory law may be begun at any time:

    (a)an offence by an individual punishable by imprisonment for longer than 6 months;

    (b)an offence by a corporation punishable by a fine of more than 100 penalty units;

    NoteSee section 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.

    (c)an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a fine of more than 100 penalty units;

    (d)an offence against the Criminal Code, section 321 (Minor theft).

Part 14Ombudsman Act 1989

  1. Legislation amended—pt 14

    This part amends the Ombudsman Act 1989.

  2. Functions
    New section 5 (2) (ca)

    insert

    (ca)action taken by a tribunal, a member of a tribunal, or a member of the staff of a tribunal, in the exercise of the tribunal’s deliberative functions; or

  3. Section 5 (2)

    renumber paragraphs when Act next republished under Legislation Act

Part 15Security Industry Act 2003

  1. Legislation amended—pt 15

    This part amends the Security Industry Act 2003.

  2. General suitability criteria
    Section 21 (1) (a) (iii)

    substitute

    (iii)the applicant satisfies any condition prescribed under the regulations for the licence; and

    (iv)it is otherwise in the public interest to license the applicant; and

  3. Section 21 (1) (b) (ii)

    substitute

    (ii)if competency standards are prescribed under the regulations—has satisfied the standards.

  4. Section 52 heading

    substitute

  5. Regulation-making power

  6. Section 52 (2) (f)

    substitute

    (f)anything relating to licences, including—

    (i)qualifications and conditions for licences; and

    Example

    membership of a trade or industry association

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (ii)details to be included on licences; and

    (iii)notification by licensees of any change in the details;

Part 16Security Industry Regulations 2003

  1. Legislation amended—pt 16

    This part amends the Security Industry Regulations 2003.

  2. Regulation 7

    substitute

  3. Prescribed information to accompany licence application—Act, s 17 (3)

    For an application for a master licence by a person who is not a locksmith, the prescribed information is evidence of membership of an industry association approved by the commissioner for fair trading under regulation 7A.

7AConditions for certain master licences—Act, s 21 (1) (a) (iii)

(1)An applicant for a master licence who is not a locksmith must be a member of an approved industry association.

(2)However, if the commissioner for fair trading believes on reasonable grounds that a person has a conscientious or religious objection to membership of an industry association, the commissioner may, in writing, exempt the person from subregulation (1).

(3)For this regulation, the commissioner for fair trading may approve an entity as an industry association.

(4)An approval is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(5)In this regulation, an approved industry association means an entity approved as an industry association under subregulation (3).

Part 17Trade Measurement Act 1991

  1. Legislation amended—pt 17

    This part amends the Trade Measurement Act 1991.

  2. Exemptions from Act
    New section 6 (2) (a)

    insert

    (a)a quantity of reticulated electricity, reticulated gas or reticulated water;

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 14 May 2004.

  2. Notification

    Notified under the Legislation Act on 29 June 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Justice and Community Safety Legislation Amendment Bill 2004 (No 2), which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2004 and was passed by the Assembly on 24 June 2004.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

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