Justice and Community Safety Legislation Amendment Act 2005 (No 4) (ACT)

Justice and Community Safety Legislation Amendment Act 2005 (No 4)

A2005-60

Contents

Page

Name of Act 2
Commencement 2
Legislation amended—sch 1 2
Legislation repealed 3

Schedule 1Legislation amended  4
Part 1.1Administration and Probate Act 1929  4
Part 1.2Business Names Act 1963  4
Part 1.3Children and Young People Act 1999  5
Part 1.4Civil Law (Wrongs) Act 2002  6
Part 1.5Classification (Publications, Films and Computer Games) (Enforcement) Act 1995       7
Part 1.6Confiscation of Criminal Assets Act 2003  8
Part 1.7Consumer Credit Act 1995  8
Part 1.8Consumer Credit Regulation 1996  11
Part 1.9Coroners Act 1997  12
Part 1.10Court Procedures Act 2004  14
Part 1.11Crimes (Child Sex Offenders) Act 2005  17
Part 1.12Crimes (Restorative Justice) Act 2004  19
Part 1.13Criminal Code (Administration of Justice Offences) Amendment Act 2005        19
Part 1.14Evidence Act 1971  20
Part 1.15Evidence Regulation 1992  24
Part 1.16Fair Trading Act 1992  25
Part 1.17Guardianship and Management of Property Act 1991        31
Part 1.18Magistrates Court (Civil Jurisdiction) Rules 2004              31
Part 1.19Magistrates Court Act 1930  32
Part 1.20Notaries Public Act 1984  32
Part 1.21Public Trustee Act 1985  35
Part 1.22Remuneration Tribunal Act 1995  36
Part 1.23Residential Tenancies Act 1997  37
Part 1.24Residential Tenancies Regulation 1998  40
Part 1.25Supreme Court Act 1933  40
Part 1.26Supreme Court Rules 1937  42
Part 1.27Unclaimed Moneys Act 1950  43

Justice and Community Safety Legislation Amendment Act 2005 (No 4)

A2005-60

An Act to amend laws relating to justice and community safety

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

Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2005 (No 4).
Commencement
(1)Schedule 1, part 1.2 (Business Names Act 1963) commences on the later of—
(a)the commencement of the Statute Law Amendment Act 2005 (No 2), amendment 3.95 (which remakes the Business Names Act 1963, section 27); and
(b)21 days after this Act’s notification day.
(2)Schedule 1, part 1.9 (Coroners Act 1997) commences on the later of—
(a)the commencement of the Criminal Code Harmonisation Act 2005; and
(b)21 days after this Act’s notification day.
(3)Schedule 1, part 1.13 (Criminal Code (Administration of Justice Offences) Amendment Act 2005) is taken to have commenced on the day the Criminal Code (Administration of Justice Offences) Amendment Act 2005 commenced.
(4)The remaining provisions commence 21 days after this Act’s notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Legislation repealed
The following regulations are repealed:
· Evidence Regulation 1992 SL1992-9
· Fair Trading Regulation 1995 SL1995-1.

Schedule 1Legislation amended

(see s 3)

Part 1.1Administration and Probate Act 1929
[1.1]Section 5 (1), definition of seal of the court
omit

[1.2]Section 7B heading
substitute

7BSignature stamp
[1.3]Section 7B (1) and (2)
omit

[1.4]Section 7B (3) and (4)
renumber as section 7B (1) and (2)

Part 1.2Business Names Act 1963
[1.5]Section 27 heading
substitute

Effect of certain contraventions of Business Names Act on legal proceedings

[1.6]Section 27 (1)
omit
this Act
substitute
the Business Names Act 1963

[1.7]Section 27 (1) (c)
omit
section 12
substitute
that Act, section 12

[1.8]New section 27 (4)
insert
(4)A term defined in the Business Names Act 1963 has the same meaning in this section.

[1.9]Section 27 (as amended)
relocate to Court Procedures Act 2004, division 7.8 as section 99

Part 1.3Children and Young People Act 1999
[1.10]New section 53 (4)
insert
(4)The Childrens Court must have a seal.

Part 1.4Civil Law (Wrongs) Act 2002
[1.11]Section 50 (3) and (4)
substitute
(3)Also, this chapter does not apply to a claim for damages for personal injury if a claim for compensation has been made under the Workers Compensation Act 1951 in relation to the injury.
(4)Despite subsection (3), part 5.2 (Claims procedures) applies to a claim for damages for personal injury, even though a claim for compensation may have been made under the Workers Compensation Act 1951 in relation to the injury, if—
(a)the Road Transport (General) Act 1999, part 10 applies to the claim; or
(b)the claim is made against a person who is not an employer or insurer in relation to the injury under the Workers Compensation Act 1951, chapter 6 (Claims) even though it is also made against such a person.

[1.12]Section 205
omit
On or before 31 October
substitute
Within 5 sitting days after 1 October

Part 1.5Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
[1.13]Section 64
substitute

Starting prosecutions for offences
(1)A prosecution for an offence against this Act in relation to a film, publication or computer game that is unclassified at the time of the offence—
(a)must not be started until the film, publication or computer game has been classified; but
(b)may be started not later than 1 year after the day the film, publication or computer game is classified.
(2)Subsection (1) (a) does not apply to a prosecution for an offence against any of the following provisions:
·     section 7 (1)
·     section 16
·     section 19 (2)
·     section 20 (1) or (2)
·     section 27 (1) or (3)
·     section 34 (1)
·     section 38 (1)
·     section 44 (2)
·     section 45 (1) or (2)
·     section 50 (1) or (2) (d)
·     section 53C (1)

Part 1.6Confiscation of Criminal Assets Act 2003
[1.14]Section 244 (1) note 3
substitute
Note 3Related confiscation proceedings are taken to be an interlocutory application and started in accordance with the procedure of the relevant court (see s 245).

[1.15]Section 245 (b)
substitute
(b)may be started in accordance with the procedure of the relevant court.

Part 1.7Consumer Credit Act 1995
[1.16]Section 1
substitute

Name of Act
This Act is the Consumer Credit Act 1995.

[1.17]Section 3, definition of short-term credit contract
omit

[1.18]Section 3, definitions (as amended)
relocate to dictionary

[1.19]Section 3, remainder
substitute

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘annual percentage rate, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.’ means that the term ‘annual percentage rate’ is defined in that section for part 3A.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

[1.20]Section 8A, definition of short-term credit contract
omit

[1.21]Section 8B
substitute

8BMaximum annual percentage rate
(1)A regulation may prescribe a maximum annual percentage rate for a credit contract to which the code applies.
(2)A regulation may require interest charges, and all credit fees and charges, under a credit contract to be included in working out the maximum annual percentage rate under the contract.
(3)The code, part 2, division 2 applies in relation to a prescribed maximum annual percentage rate as if the rate had been prescribed by the code.
NoteThe effect of s (3) is that a contract is void to the extent that it imposes a monetary liability prohibited under s (1) and that any amount paid under the contract may be recovered. In addition, the credit provider commits an offence for entering into the contract.

(4)This section does not affect the exercise of any powers under the code, part 4, division 3 in relation to a contract that is not void because of this section.
NoteThe code, pt 4, div 3 allows (among other things) the reopening of unjust transactions.

(5)This section applies to a credit contract whether the credit contract was established before, or is established after, the commencement of this section.

[1.22]Section 8C (1)
omit

[1.23]Section 8C (2) to (4)
renumber as section 8C (1) to (3)

[1.24]New section 8C (4)
insert
(4)The requirements of this section are additional to any other requirements of the code, section 14 or section 15.

[1.25]Sections 9 and 11
omit

[1.26]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     Executive
·     territory law
·     the Territory.

Part 1.8Consumer Credit Regulation 1996
[1.27]Section 5
substitute

Maximum annual percentage rate—Act, s 8B
(1)The prescribed maximum annual percentage rate is 48% per annum for all credit contracts to which the code applies.
(2)Interest charges, and all credit fees and charges, under a credit contract must be included in working out the maximum annual percentage rate under all credit contracts to which the code applies.
(3)Despite subsection (2), any credit fees or charges arising from the establishment or maintenance of a temporary credit facility are not required to be included for working out the maximum annual percentage rate if—
(a)the credit provider is an authorised deposit-taking institution; and
(b)the debtor has or had an existing credit contract or debit account with the authorised deposit-taking institution when the temporary credit facility is or was established; and
(c)the temporary credit facility is related to the existing credit contract or debit account.

Part 1.9Coroners Act 1997
[1.28]Section 1
substitute

Name of Act
This Act is the Coroners Act 1997.

[1.29]Section 3 heading
substitute

Dictionary

[1.30]Section 3 (1), definitions
relocate to dictionary

[1.31]Section 3 (1), remainder
substitute
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘death in custody—see section 3.’ means that the term ‘death in custody’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

References to death in custody

[1.32]Section 3 (2)
omit
(2)

[1.33]New section 101
insert

Court seal
The Coroner’s Court must have a seal.

[1.34]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     individual
·     Minister
·     property
·     public servant
·     Territory.

death in custody—see section 3.

Part 1.10Court Procedures Act 2004
[1.35]New part headings
after section 52, insert

Part 6Publication of evidence
Part 7Examination of witnesses outside the ACT but in Australia
Part 8Taking evidence for foreign and Australian courts
[1.36]Part 6
renumber as part 9

[1.37]Sections 53 to 54
renumber as sections 80 to 82

[1.38]Part 7
renumber as part 10

[1.39]Divisions 7.1 to 7.6
renumber as divisions 10.1 to 10.6

[1.40]Sections 60 to 94
renumber as sections 100 to 132

[1.41]New division 10.7 heading
insert

Division 10.7 Supreme Court
[1.42]New section 133
insert

Exercise of jurisdiction by registrar
(1)A person who is dissatisfied with an order of the registrar of the Supreme Court made in the exercise of jurisdiction given under the Supreme Court Rules 1937 may appeal, in accordance with those rules, to the Supreme Court constituted by a single judge.
(2)On an appeal under subsection (1), the Supreme Court may confirm, amend or set aside the registrar’s order and may make any order that in all the circumstances it considers just.
(3)In this section:
order includes a judgment, direction or decision, whether or not final.

[1.43]New section 139
insert

Expiry of div 10.7
(1)This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
(2)In this section:
existing rules expiry day—see section 100 (3).

[1.44]New division 10.8 heading
insert

Division 10.8 Business names—starting legal proceedings
[1.45]New section 141
insert

Expiry of div 10.8
(1)This division expires on the existing rules expiry day or, if the rules fix an earlier expiry day for this division, that day.
(2)In this section:
existing rules expiry day—see section 100 (3).

[1.46]Part 8
renumber as part 11

[1.47]Section 104 heading
substitute

Modification of pt 11’s operation

[1.48]Section 105 heading
substitute

Expiry of pt 11

[1.49]Dictionary, note 2
insert
· property

[1.50]Dictionary, new definitions
insert
examination, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
inferior court, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
judicial authority, for part 7 (Examination of witnesses outside the ACT but in Australia)—see section 57.
request, for part 8 (Taking of evidence for foreign and Australian courts)—see section 64.
requesting court, for part 8 (Taking of evidence for foreign and Australian courts)—see section 64.

Part 1.11Crimes (Child Sex Offenders) Act 2005
[1.51]Schedule 2, part 2.2
insert

8A	Criminal Code Act 1995 (Cwlth), section 271.4 (1) or (2)	trafficking in children	the first person (as mentioned in the subsection) intends or is reckless as to whether the other person (as mentioned in the subsection) will be used to provide sexual services or will be otherwise exploited for sexual services
8B	Criminal Code Act 1995 (Cwlth), section 271.7 (1)	domestic trafficking in children	the first person (as mentioned in the subsection) intends or is reckless as to whether the other person (as mentioned in the subsection) will be used to provide sexual services or will be otherwise exploited for sexual services
8C	Criminal Code Act 1995 (Cwlth), section 474.19 (1)	using carriage service for child pornography material
8D	Criminal Code Act 1995 (Cwlth), section 474.20 (1)	possessing, producing etc child pornography material for use through carriage service
8E	Criminal Code Act 1995 (Cwlth), section 474.26 (1), (2) or (3)	using carriage service to procure child under 16
8F	Criminal Code Act 1995 (Cwlth), section 474.27 (1) (2) or (3)	using carriage service to ‘groom’ child under 16

[1.52]Schedule 2, part 2.2
renumber items when Act next republished under Legislation Act

Part 1.12Crimes (Restorative Justice) Act 2004
[1.53]Table 22, item 5
substitute

chief executive (children and young people)

chief executive (corrections)

chief executive (restorative justice)

sentence administration board

(a) after a court has made a sentence-related order in relation to the offender; and

(b) before the end of the term of the sentence-related order or the sentence (if any) of which it forms part (whichever is later)

Part 1.13Criminal Code (Administration of Justice Offences) Amendment Act 2005
[1.54]Section 2
substitute

Commencement
(1)This Act (other than schedule 1, part 1.8 (Discrimination Act 1991)) commences on the 28th day after its notification day.
(2)Schedule 1, part 1.8 commences on the day the Human Rights Commission Act 2005 commences.

Part 1.14Evidence Act 1971
[1.55]Section 6, definition of banker’s book
omit

[1.56]Part 5
omit

[1.57]Part 12 heading
omit

[1.58]Section 82 heading
substitute

Application of pt 6

[1.59]Section 84 heading
substitute

Noncompliance with s 54 order

[1.60]Section 84
omit
section 83
substitute
section 54

[1.61]Sections 82 to 84 (as amended)
relocate to Court Procedures Act 2004, part 6 as sections 53 to 55

[1.62]Section 85
omit

[1.63]Section 12A heading
omit

[1.64]Section 85A heading
substitute

85AApplication of pt 7
[1.65]Section 85B heading
substitute

85BDefinitions for pt 7
[1.66]Section 85D (1)
omit
section 85C (1)
substitute
section 58 (1)

[1.67]Section 85D (2)
omit
sections 85C (5) (6) and (7)
substitute
section 58 (5) (6) and (7)

[1.68]Section 85D (2) (b)
omit
sections 85C (5) and (7)
substitute
section 58 (5) and (7)

[1.69]Sections 85E and 85F (1)
omit
85D (1)
substitute
59 (1)

[1.70]Sections 85E and 85F (1)
omit
85C (1)
substitute
58 (1)

[1.71]Section 85F (2) and (3)
omit
section 85E
substitute
section 60

[1.72]Sections 85A to 85H
relocate to Court Procedures Act 2004, part 7 as sections 56 to 63

[1.73]Sections 85I and 85IA
omit

[1.74]Part 12B heading
omit

[1.75]Section 85J heading
substitute

85JDefinitions for pt 8
[1.76]Section 85J, definition of property
omit

[1.77]Section 85J, definition of request
omit
85K (1)
substitute
65 (1)

[1.78]Section 85L (1)
omit
85K (1)
substitute
65 (1)

[1.79]Section 85N
substitute

85NRules for pt 8
The rules may make provision in relation to—
(a)the circumstances in which an order may be made under section 65 (1); and
(b)how any reference mentioned in section 66 (3) is to be made.

[1.80]Sections 85J to 85N
relocate to Court Procedures Act 2004, part 8 as sections 64 to 68

Part 1.15Evidence Regulation 1992
[1.81]Section 2
omit everything before paragraph (a) substitute

Judicial authority—Act, s 57, def judicial authority
For the Act, part 7 (Examination of witnesses outside the ACT but in Australia)—

[1.82]Section 2 (as amended)
relocate to Court Procedures Regulation 2004 as section 5

Part 1.16Fair Trading Act 1992
[1.83]New sections 2 and 3
insert

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘consumer—see section 6.’ means that the term ‘consumer’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

[1.84]Section 5 (1), definitions of court, document and interest
omit

[1.85]Section 5 (1), definition of send
substitute
send includes deliver.

[1.86]Section 5 (1), definition of supply
omit everything after paragraph (a), substitute
(b)in relation to services—provide, grant, give or donate for promotional purposes.

[1.87]Section 5 (1), definitions (as amended)
relocate to dictionary

[1.88]Section 5 (1), remainder
omit

[1.89]Section 5 (2)
omit
(2)In this Act—
substitute

Meaning of certain terms
In this Act—

[1.90]Section 32, definition of code
substitute
approved code means a code of practice approved under section 34.

[1.91]Section 32A
omit

[1.92]Sections 34 and 35
substitute

Approval of codes of practice
(1)The Minister may approve a code of practice submitted to the Minister under section 33.
NoteUnder the Legislation Act, s 46 a power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see s 46 (2)).
(2)A code of practice submitted to the Minister under section 33 may be approved with or without amendments.
(3)An approved code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)The Minister may approve an amendment of an approved code of practice if the commissioner has certified in writing that the amendment is of a minor or inconsequential nature and that compliance with section 33 is not required.
(5)Subsection (4) has effect despite the Legislation Act, section 46 (2).
(6)On the commencement of this section, each code of practice prescribed under this section immediately before the commencement, as in force at that time, is taken to be an approved code of practice for this part.
(7)Subsection (6) and this subsection are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(8)Subsections (6), (7) and this subsection expire 1 year after the day this section commences.

[1.93]Section 35A heading
omit
code
substitute
approved code

[1.94]Section 35A
omit
a code
substitute
an approved code

[1.95]Section 35A (as amended)
renumber as section 35

[1.96]Section 36 heading
substitute

Undertakings following contravention of approved code

[1.97]Section 36 (1)
omit
a prescribed code
substitute
an approved code

[1.98]Section 36 (1) (b)
substitute
(b)future compliance with the code;

[1.99]Section 36 (2)
omit
relevant code
substitute
approved code

[1.100]Section 37 (2) (b)
omit
a code
substitute
an approved code

[1.101]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     contravene
·     document
·     interest
·     land
·     liability
·     Magistrates Court
·     Minister
·     month
·     prescribed.

approved code, for part 3 (Codes of practice)—see section 32.
conduct—see section 5 (b).
consumer—see section 6.
engaging in conduct—see section 5 (a).
involved in a contravention, for part 4 (Enforcement and remedies)—see section 40.
new participant, in a pyramid selling scheme, for division 2.2—see section 25A.
offering to do an act—see section 5 (d).
participant, in a pyramid selling scheme, for division 2.2—see section 25A.
participate, in a pyramid selling scheme, for division 2.2—see section 25A.
participation payment, for division 2.2—see section 25C (1), definition of pyramid selling scheme, paragraph (a).
payment, to a person or received by a person for division 2.2—see section 25A.
pyramid selling scheme, for division 2.2—see section 25C.
recruitment payment, for division 2.2—see section 25C (1), definition of pyramid selling scheme, paragraph (b).
refusing to do an act—see section 5 (c).
undertaking, for part 3 (Codes of practice)—see section 32.

Part 1.17Guardianship and Management of Property Act 1991
[1.102]Section 27 (6)
substitute
(6)The public trustee may waive payment of all or part of an amount payable to the Territory under subsection (3) (b) or subsection (4) if the public trustee is satisfied that payment of the amount would impose hardship on a person or that other circumstances justify waiving payment of the amount.

Part 1.18Magistrates Court (Civil Jurisdiction) Rules 2004
[1.103]Section 393
omit

[1.104]Section 478 (1)
omit

[1.105]Section 478 (4)
omit
subsection (3)
substitute
subsection (2)

[1.106]Section 478 (2) to (4) (as amended)
renumber as section 478 (1) to (3)

[1.107]Section 478 (as amended)
relocate to Magistrates Court Rules 1932 as section 101

Part 1.19Magistrates Court Act 1930
[1.108]New section 286
in part 4.6, insert

Small Claims Court’s seal
The Small Claims Court must have a seal.

[1.109]New section 308
in part 5.2, insert

Magistrates Court’s seal
The Magistrates Court must have a seal.

Part 1.20Notaries Public Act 1984
[1.110]Section 2 (1), definitions
relocate to dictionary

[1.111]Section 2, remainder
substitute

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

[1.112]Section 3
substitute

Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3ATerms used in Legal Practitioners Act
A term used in the Legal Practitioners Act has the same meaning in this Act.

[1.113]Section 4 (1)
omit
(1)A person
substitute
A person

[1.114]Section 4 (2)
omit

[1.115]Section 5 (6)
omit

[1.116]Section 14 (1)
omit
(1)Subject to subsection (3), a person
substitute
A person

[1.117]Section 14 (2)
omit

[1.118]Section 16
omit

[1.119]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     Attorney-General
·     business day
·     Supreme Court.

Part 1.21Public Trustee Act 1985
[1.120]New section 29A
insert

29ASmall estates
(1)This section applies if—
(a)the public trustee holds on trust for the estate of a deceased person an amount or property the net value of which is estimated by the public trustee to be less than the amount prescribed by regulation or, if no amount is prescribed, $15 000; and
(b)the public trustee has no knowledge of an application for probate of the person’s will or for letters of administration of the person’s estate; and
(c)the public trustee has given notice in a newspaper circulating in the ACT, or in another way that the public trustee considers appropriate, that the public trustee proposes to deal with the person’s estate under this section.
(2)The public trustee may—
(a)sell, call in and convert into money the property of the person’s estate; and
(b)pay the person’s debts and liabilities that are known to the public trustee; and
(c)deal with the residue as if probate of the will or letters of administration of the estate had been granted to the public trustee.

Part 1.22Remuneration Tribunal Act 1995
[1.121]New section 2
insert

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

[1.122]Section 3 (1), definitions
relocate to dictionary

[1.123]Section 3, remainder
substitute

Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

[1.124]Schedule 1, part 1.2
insert
· children and young people commissioner

[1.125]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     Chief Justice
·     Chief Minister
·     Commonwealth
·     Executive
·     Territory
·     writing.

holder, of an appointment, includes a person asked or authorised in writing to exercise functions, or provide services, either alone or together with someone else.

Part 1.23Residential Tenancies Act 1997
[1.126]Section 4, note 2
substitute
Note 2The Aged or Disabled Persons Care Act 1954 (Cwlth) is available at 9 heading
substitute
Inconsistent tenancy terms void
[1.128]Section 10 heading
substitute
Endorsement of inconsistent tenancy terms by tribunal
[1.129]Section 28
substitute
Interest on amounts in trust account
(1)Interest received from the investment of any amount paid to the credit of the trust account under this part must be paid to the interest trust account and applied for the purposes mentioned in subsection (2).
(2)Interest may be applied for the following purposes:
(a)providing lessor and tenant information programs;
(b)providing dispute resolution services for residential tenancy disputes;
(c)facilitating assistance in the provision of residential accommodation, whether or not the accommodation is provided under this Act;
(d)researching issues of concern to lessors and tenants;
(e)reimbursing the costs incurred by the commissioner in instituting, defending or taking over proceedings in relation to tenancy disputes;
(f)reimbursing the Territory the cost of administering this Act.
(3)In this section:
interest—see the Financial Management Act 1996, dictionary.
interest trust account means the trust bank account maintained by the chief executive of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51.
(4)As soon as practicable after the commencement of this section, the chief executive must determine the amount in the relevant departmental bank account that, immediately before the commencement, was available to be applied for purposes mentioned in subsection (2) (a) to (e).
(5)The amount determined under subsection (4)—
(a)is taken to be trust money to which the Financial Management Act 1996, part 7 (Trust money) applies; and
(b)must be transferred from the relevant departmental bank account to the interest trust account.
(6)In subsections (4) and (5):
relevant departmental bank account means the departmental bank account under the Financial Management Act 1996 of the administrative unit allocated responsibility for administering this Act.
(7)Subsections (4) to (6) and this subsection expire 3 months after the day this section commences.
[1.130]Section 104 (f)
substitute
(f)an order restoring a residential tenancy agreement or occupancy agreement and granting the former tenant or occupant possession of premises—
(i)from which the person was evicted in contravention of this Act; or
(ii)that the person vacated in accordance with a termination notice that was not in the form (if any) approved under section 133 (Approved forms—Minister) for the notice;
Part 1.24Residential Tenancies Regulation 1998
[1.131]Section 4
omit
Part 1.25Supreme Court Act 1933
[1.132]Section 10 (1)
omit
(1)For
substitute
For
[1.133]Section 10 (2) and (3)
omit
[1.134]Section 23 (1)
omit
The court
substitute
The Supreme Court
[1.135]Section 23 (2)
omit
the rules), the court
substitute
the Supreme Court Rules 1937), the Supreme Court
[1.136]New section 23 (4)
insert
(4)In this section:
matter—see the Supreme Court Act 1933, dictionary.
[1.137]Section 23 (as amended)
relocate to Court Procedures Act 2004, division 10.7 as section 134
[1.138]Section 64
substitute
Seals
(1)The Court of Appeal must have a seal.
(2)The Supreme Court must have a seal.
[1.139]Section 66
omit
All writs and process issued from the court
substitute
(1)All process of the court issued from the Supreme Court
[1.140]New section 66 (2)
insert
(2)In this section:
process of the court—see the Supreme Court Act 1933, dictionary.
[1.141]Section 66 (as amended)
relocate to Court Procedures Act 2004, division 10.7 as section 135
Part 1.26Supreme Court Rules 1937
[1.142]Order 61 rule 5 (1) and (2)
omit
the Act, section 10 (2)
substitute
the Court Procedures Act 2004, section 133 (1)
[1.143]Order 66 rule 10B (2) note
omit
Supreme Court Act 1933, s 10 (2)
substitute
Court Procedures Act 2004, s 133 (1)
Part 1.27Unclaimed Moneys Act 1950
[1.144]Title
omit
moneys
substitute
amounts
[1.145]Section 1
substitute
Name of Act
This Act is the Unclaimed Money Act 1950.
[1.146]Section 2, definition of company
substitute
company means—
(a)for part 2 (Unclaimed assets in hands of liquidators)—
(i)a body corporate that is a foreign company within the meaning of the Corporations Act, section 9; or
(ii)a body registered under the Cooperatives Act 2002; or
(iii)an association incorporated under the Associations Incorporation Act 1991; and
(b)for any other provision of the Act—
(i)an entity mentioned in paragraph (a); and
(ii)a body corporate that is a company or recognised company within the meaning of the Corporations Act, section 9.
[1.147]Section 2, definition of registered office
substitute
registered office—see the Corporations Act, section 9.
[1.148]Section 2, definitions (as amended)
relocate to dictionary
[1.149]Section 2, remainder
substitute
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘approved deposit fund, for part 4 (Unclaimed superannuation benefits)—see section 16.’ means that the term ‘approved deposit fund’ is defined in that section for part 4.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
[1.150]Section 4 (2) and (3) (c)
omit
moneys or dividends
substitute
amounts
[1.151]Section 4 (4) (c)
omit
moneys
substitute
amount
[1.152]Section 5 (1)
omit
money
substitute
amount
[1.153]Section 5 (1)
omit
sum due
substitute
amount owing
[1.154]Section 5 (2)
omit
any money
substitute
an amount
[1.155]Section 5 (2)
omit
shall pay an amount equal to that money to that person
substitute
must pay the amount to the person
[1.156]Section 5A
omit
[1.157]Part 3 heading
substitute
Part 3Unclaimed amounts payable by companies
[1.158]Section 6 (1)
omit
in relation to moneys
substitute
to an amount
[1.159]Section 6 (2)
substitute
(2)For this part, an amount to which this part applies is an unclaimed amount if—
(a)not less than 6 years has elapsed since the day the amount became payable; and
(b)during the 6-year period, the company did not receive a request from a person entitled to the amount that the amount be paid to the person or someone else.
[1.160]Section 7 heading
substitute
Register of unclaimed amounts to be kept
[1.161]Section 7 (1)
substitute
(1)If, in a year, any amounts payable by a company have become unclaimed amounts, the company must, not later than 31 January in the next year, enter particulars of the amounts in an alphabetical register kept for the year by the company at its head or principal office in the ACT.
NoteIf a form is approved under s 35 for the register, the form must be used.
[1.162]Section 7 (3)
substitute
(3)If a company pays an amount entered in a register kept by the company under this section to the person entitled to the amount, the company may delete from the register the entry relating to the amount.
[1.163]Section 8
substitute
Notice of particulars of register to be given to public trustee
(1)This section applies if, under section 7 (1), particulars of unclaimed amounts have been entered in a register kept by a company for a year.
(2)The company must prepare a written notice setting out the particulars entered in the register for the year.
(3)Not later than 31 March in the next year, the company must—
(a)give the notice, verified by a statutory declaration made by an officer of the company, to the public trustee; and
(b)publish a notice in a newspaper circulating in the ACT—
(i)stating that it holds unclaimed amounts for the previous year; and
(ii)explaining how people can find out details of the amounts and claim them.
NoteIf a form is approved under s 35 for a provision of this subsection, the form must be used.
[1.164]Section 9 (2)
omit
moneys
substitute
amount
[1.165]Section 9 (2)
omit
those moneys
substitute
the amount
[1.166]Section 10
substitute
Payment of unclaimed amounts to Territory
(1)This section applies if—
(a)particulars of an unclaimed amount have been entered in a register kept by a company under section 7 (Register of unclaimed amounts to be kept); and
(b)the amount has not been paid by the company to the person entitled to it within 1 year after the day the company gave the notice to the public trustee under section 8 (3) (a) that included particulars of the amount.
(2)The company must pay the amount to the Territory not later than 1 month after the end of the 1-year period.
(3)On payment of the amount to the Territory, the company is relieved from all further liability for the amount.
[1.167]Section 11 heading
substitute
Failure to pay unclaimed amounts
[1.168]Section 11 (1)
omit
moneys
substitute
amount
[1.169]Section 11 (2)
omit
the moneys
substitute
the amount
[1.170]Section 11 (2)
omit
those moneys
substitute
the amount
[1.171]Section 12
omit
[1.172]Section 13 heading
substitute
Payment of unclaimed amounts to claimants
[1.173]Section 13 (1)
omit
any moneys
substitute
an amount
[1.174]Section 13 (2)
omit
to moneys
substitute
to an amount
[1.175]Section 13 (2)
omit
those moneys
substitute
the amount
[1.176]Section 13 (3)
substitute
(3)The Territory must pay a person an amount that was paid to the Territory under section 10 if—
(a)the Minister is satisfied that the person is entitled to the amount; or
(b)the Supreme Court has declared under subsection (2) that the person is entitled to the amount.
[1.177]Section 14
omit
[1.178]Section 15
substitute
Pt 3 does not apply to certain unclaimed amounts
This part does not apply to an amount that is required by a law in force in the ACT to be dealt with in a way different from the way provided by this part.
[1.179]Section 16, definition of approved deposit fund
substitute
approved deposit fund—see the Commonwealth Act, section 10 (1).
[1.180]Section 16, definitions of regulated superannuation fund and unclaimed money
substitute
regulated superannuation fund—see the Commonwealth Act, section 19.

unclaimed amount means an amount that is an unclaimed amount under section 18 (1) or (2).

[1.181]Section 17 (2)
substitute
(2)In this section:
corporation—see the Corporations Act, section 57A.
exempt public sector superannuation scheme—see the Commonwealth Act, section 10 (1).

[1.182]Section 18 heading
substitute

Unclaimed amounts for pt 4

[1.183]Section 18 (1)
omit everything after paragraph (d), substitute
any amount payable to the member is an unclaimed amount.

[1.184]Section 18 (2)
omit everything after paragraph (d), substitute
any amount payable to the beneficiary is an unclaimed amount.

[1.185]Section 20 heading
substitute

Statement of unclaimed amounts

[1.186]Section 20 (1)
omit
money
substitute
amounts

[1.187]Section 21 heading
substitute

Payment of unclaimed amounts to Minister

[1.188]Section 23
omit
money
substitute
amount

[1.189]Section 24 heading
substitute

Repayment of excess amounts

[1.190]Section 25 heading
substitute

Register of amounts received by Minister

[1.191]Section 25
omit
money
substitute
amount

[1.192]Section 26, definitions of holder, RSA and RSA provider
substitute
holder—see the Commonwealth Act, section 9.
RSA—see the Commonwealth Act, section 8.
RSA provider—see the Commonwealth Act, section 12.

[1.193]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     Commonwealth
·     Corporations Act
·     individual
·     Minister
·     property
·     public trustee
·     Territory.

approved deposit fund; for part 4 (Unclaimed superannuation benefits)—see the Commonwealth Act, section 10 (1).
Commonwealth Act—
(a)for part 4 (Unclaimed superannuation benefits)—see section 16; and
(b)for part 5 (Unclaimed RSA money)—see section 26.
eligibility age, for part 4 (Unclaimed superannuation benefits)—see the Commonwealth Act.
fund, for part 4 (Unclaimed superannuation benefits)—see section 16.
holder, for part 5 (Unclaimed RSA money)—see the Commonwealth Act, section 9.
regulated superannuation fund, for part 4 (Unclaimed superannuation benefits)—see the Commonwealth Act, section 19.
RSA, for part 5 (Unclaimed RSA money)—see the Commonwealth Act, section 8.
RSA provider, for part 5 (Unclaimed RSA money)—see the Commonwealth Act, section 12.
unclaimed amount—
(a)for part 3 (Unclaimed amounts payable by companies)—see section 6 (2); and
(b)for part 4 (Unclaimed superannuation benefits)—see section 16.
unclaimed RSA money, for part 5 (Unclaimed RSA money)—see section 26.

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 20 October 2005.
Notification
Notified under the Legislation Act on 1 December 2005.
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 2005 (No 4), which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2005 (No 3) and was passed by the Assembly on 24 November 2005.
Clerk of the Legislative Assembly
© Australian Capital Territory 2005