Justice and Community Safety Legislation Amendment Act 2009 (No 2) (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2009 (No 2)

A2009-19

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Associations Incorporation Act 1991

  1. Legislation amended—pt 2  3

  2. Cancellation of incorporation


    Section 93 (1) (d) and (e)  3

Part 3Charitable Collections Act 2003

  1. Legislation amended—pt 3  4

  2. What is a collection


    New section 7 (3) (fa)  4

Part 4Charitable Collections Regulation 2003

  1. Legislation amended—pt 4  5

  2. What are not collections—Act, s 7 (3) (g)


    Section 6 (1) (d)  5

Part 5Domestic Violence and Protection Orders Regulation 2009

  1. Legislation amended—pt 5  6

  2. Section 58 heading  6

  3. Section 58 (2)  6

  4. Section 58 (3)  6

Part 6Door-to-Door Trading Act 1991

  1. Legislation amended—pt 6  7

  2. Contracts to which Act applies


    Section 4 (4) (b)  7

  3. Requirements in relation to prescribed contracts


    Section 7 (1) (c)  7

  4. Section 7 (1) (f) and (g)  8

  5. Section 7 (2)  9

  6. New section 7 (2A)  9

  7. Cooling-off period—acceptance of consideration, supply of services


    Section 8 (2)  9

  8. Section 8 (3)  10

  9. Duties of dealers


    New section 10 (2A)  10

  10. Section 10 (3)  10

  11. Restitution


    Section 14 (1) (b) (ii)  10

Part 7Firearms Act 1996

  1. Legislation amended—pt 7  11

  2. Adult firearms licences—mandatory suspension


    Section 80 (1) (b)  11

  3. Minors firearms licences—mandatory suspension


    Section 97 (1) (b)  11

  4. Composite entity firearms licences—mandatory suspension


    Section 119 (1) (b)  11

  5. Temporary recognition of interstate licences for international visitors—shooting or paintball competitions


    Section 140 (5)  12

  6. Schedule 2, part 2.2, new item 1A  12

Part 8Firearms Regulation 2008

  1. Legislation amended—pt 8  13

  2. People exempt from Act—Act, s 272 (2) (r)


    Section 73A  13

  3. Dictionary, note 2, 2nd dot point  13

Part 9Legal Aid Act 1977

  1. Legislation amended—pt 9  14

  2. Constitution of commission


    Section 7  14

  3. Powers of commission


    Section 9 (2)  14

  4. New part 3  14

  5. Section 32  16

  6. Payments to private legal practitioners


    Section 32AA (2)  20

  7. Section 32AA (4)  20

  8. New part 5A  21

  9. Qualifications for appointment


    Section 50 (2)  24

  10. Section 50 (3)  24

  11. Section 58  24

  12. Delegation of commission’s power to appoint


    Section 62  24

  13. Personnel management


    Section 68A (2) (a)  24

  14. New section 90  25

  15. Section 94 heading  25

  16. Section 94 (1)  25

  17. Section 98  26

  18. New part 14  26

  19. Dictionary, note 2  27

  20. Dictionary, new definition of board  27

  21. Dictionary, definition of commissioner  27

Part 10Machinery Act 1949

  1. Legislation amended—pt 10  28

  2. Inspectors of machinery


    Section 4 (1), except notes  28

Part 11Magistrates Court Act 1930

  1. Legislation amended—pt 11  29

  2. Section 7F  29

  3. Division 3.4.2  30

Part 12Prohibited Weapons Act 1996

  1. Legislation amended—pt 12  36

  2. Application of Act


    New section 4 (1) (aa)  36

Part 13Regulatory Services Legislation Amendment Act 2008

  1. Legislation amended—pt 13  37

  2. Section 26  37

Part 14Remuneration Tribunal Act 1995

  1. Legislation amended—pt 14  38

  2. Schedule 1, part 1.2  38

Part 15Residential Tenancies Act 1997

  1. Legislation amended—pt 15  39

  2. New section 64A  39

Part 16Supreme Court Act 1933

  1. Legislation amended—pt 16  40

  2. Section 44  40

Justice and Community Safety Legislation Amendment Act 2009 (No 2)

A2009-19

An Act to amend legislation about 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 2009 (No 2).

  2. Commencement

    This Act commences on the 28th day after its notification day.

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

Part 2Associations Incorporation Act 1991

  1. Legislation amended—pt 2

    This part amends the Associations Incorporation Act 1991.

  2. Cancellation of incorporation
    Section 93 (1) (d) and (e)

    substitute

    (d)has not during the last 3 years convened an annual general meeting of the association in accordance with this Act; or

    (e)has not lodged an annual return with the registrar-general in relation to each of the last 2 years; or

    (ea)has lodged an annual return with the registrar-general in relation to each of the last 3 years and for each one of those returns an auditor, in the course of the auditor’s duties to examine the association’s accounting records and other records, has stated that he or she is unable to determine if the return complies with this Act;

Part 3Charitable Collections Act 2003

  1. Legislation amended—pt 3

    This part amends the Charitable Collections Act 2003.

  2. What is a collection
    New section 7 (3) (fa)

    insert

    (fa)receiving money or a benefit by an entity that—

    (i)is not solicited by the entity; or

    (ii)is not received by the entity because of a collection conducted by the entity;

Part 4Charitable Collections Regulation 2003

  1. Legislation amended—pt 4

    This part amends the Charitable Collections Regulation 2003.

  2. What are not collections—Act, s 7 (3) (g)
    Section 6 (1) (d)

    omit

Part 5Domestic Violence and Protection Orders Regulation 2009

  1. Legislation amended—pt 5

    This part amends the Domestic Violence and Protection Orders Regulation 2009.

  2. Section 58 heading

    substitute

  3. Representation by Legal Aid ACT

  4. Section 58 (2)

    omit

    Legal Aid Office (A.C.T.)

    substitute

    Legal Aid ACT

  5. Section 58 (3)

    substitute

    (3)For this section:

    Legal Aid ACT—see the Legal Aid Act 1977, section 94 (Commission to operate as Legal Aid ACT).

Part 6Door-to-Door Trading Act 1991

  1. Legislation amended—pt 6

    This part amends the Door-to-Door Trading Act 1991.

  2. Contracts to which Act applies
    Section 4 (4) (b)

    substitute

    (b)a contract, or part of a contract, exempted (with or without conditions) from the operation of this Act by regulation.

    Note 1A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

    Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    Note 3Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).

  3. Requirements in relation to prescribed contracts
    Section 7 (1) (c)

    substitute

    (c)the making of the contract must be completed—

    (i)for a contract that is not made over the telephone—by the consumer signing the contract after it has been executed by or on behalf of the supplier; and

    (ii)for a contract that is made over the telephone—by the recording of the consent of the consumer to be bound by the contract, by the supplier or a person acting on behalf of the supplier, either in writing or, with the consent of the consumer, using a recording device;

  4. Section 7 (1) (f) and (g)

    substitute

    (f)for a contract that is not made over the telephone—the contract must contain the statement ‘THIS CONTRACT IS SUBJECT TO A COOLING-OFF PERIOD OF 10 DAYS’ printed in upper case in type not smaller than 18 point directly above the place provided for the signature of the consumer;

    (fa)for a contract that is made over the telephone—the dealer must give the consumer the following as soon as practicable after the contract has been made:

    (i)a copy of the contract;

    (ii)a cooling‑off statement which states that the consumer may rescind the contract before the end of the cooling-off period if the consumer gives the dealer notice of the rescission within the period;

    (g)for a contract that is not made over the telephone—subject to subsection (2), the dealer must give the consumer the following immediately before the making of the contract:

    (i)a notice explaining the right of the consumer to rescind the contract; and

    (ii)a notice that may be used by the consumer to rescind the contract;

    (ga)for a contract that is made over the telephone—subject to subsection (2A), the dealer must give the consumer the following as soon as practicable after the contract has been made:

    (i)a notice explaining the right of the consumer to rescind the contract; and

    (ii)a notice that may be used by the consumer to rescind the contract;

  5. Section 7 (2)

    omit

    Before giving the notice

    substitute

    For a contract that is not made over the telephone—before giving the notice

  6. New section 7 (2A)

    insert

    (2A)For a contract that is made over the telephone—before the consumer consents to be bound by the contract, the dealer must read the notice mentioned in subsection (1) (ga) (i) aloud to the consumer.

    Maximum penalty:  $2 000.

  7. Cooling-off period—acceptance of consideration, supply of services
    Section 8 (2)

    omit

  8. Section 8 (3)

    omit

    or (2)

  9. Duties of dealers
    New section 10 (2A)

    insert

    (2A)A dealer who telephones a person for the purpose of negotiating a contract to which this Act applies or for an incidental or related purpose must, as soon as practicable during the telephone call, tell the person the following:

    (a)the purpose of the telephone call;

    (b)the dealer’s full name and address;

    (c)if the dealer is not the supplier—the supplier’s full name and address.

  10. Section 10 (3)

    omit

    contravenes subsection (2)

    substitute

    contravenes subsection (2) or (2A)

  11. Restitution
    Section 14 (1) (b) (ii)

    omit

    in contravention of this Act

Part 7Firearms Act 1996

  1. Legislation amended—pt 7

    This part amends the Firearms Act 1996.

  2. Adult firearms licences—mandatory suspension
    Section 80 (1) (b)

    substitute

    (b)an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.

  3. Minors firearms licences—mandatory suspension
    Section 97 (1) (b)

    substitute

    (b)an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.

  4. Composite entity firearms licences—mandatory suspension
    Section 119 (1) (b)

    substitute

    (b)an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.

  5. Temporary recognition of interstate licences for international visitors—shooting or paintball competitions
    Section 140 (5)

    omit

    is taken

    substitute

    is not taken

  6. Schedule 2, part 2.2, new item 1A

    insert

1A member of a police service or force of a foreign country

possessing or using firearm for taking part in a training activity—

(a)     conducted by the Australian Federal Police; and

(b)     carried out in the ACT

Part 8Firearms Regulation 2008

  1. Legislation amended—pt 8

    This part amends the Firearms Regulation 2008.

  2. People exempt from Act—Act, s 272 (2) (r)
    Section 73A

    omit

  3. Dictionary, note 2, 2nd dot point

    omit

Part 9Legal Aid Act 1977

  1. Legislation amended—pt 9

    This part amends the Legal Aid Act 1977.

  2. Constitution of commission
    Section 7

    omit

  3. Powers of commission
    Section 9 (2)

    omit

    section 32 (5), (6) and (7)

    substitute

    section 31C (1) and (2)

  4. New part 3

    insert

Part 3Board of commission

  1. Establishment of board of commission

    A board of the commission is established.

  2. Functions of board

    The functions of the board are—

    (a)to determine the broad policies, priorities and strategies of the commission for the provision of legal assistance under this Act; and

    (b)to ensure that the commission’s affairs are managed in accordance with this Act.

  3. Constitution of board

    (1)The board consists of the following members (each of whom is a commissioner):

    (a)the president of the commission;

    (b)the chief executive officer;

    (c)5 other members of whom—

    (i)1 member represents the Minister; and

    (ii)1 member is chosen from a panel of not less than 3 people nominated by the council of the bar association; and

    (iii)1 member is chosen from a panel of not less than 3 people nominated by the council of the law society; and

    (iv)1 member is chosen from a panel of not less than 3 people nominated by the executive committee of the Council of Social Service of the Australian Capital Territory; and

    (v)1 member has expertise in financial management;

    (d)1 member who has qualifications, training or experience that will enable the member to give other specialist assistance to the commission in the exercise of its functions.

    (2)The Minister must appoint the members of the board other than the chief executive officer.

    (3)However, the Minister must only appoint a member mentioned in subsection (1) (d) if, in the opinion of the Minister, the commission requires specialist assistance in the exercise of its functions.

    Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

    Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

    Note 3Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

    (4)A person appointed as a member by the Minister is appointed on a part‑time basis.

  4. Section 32

    substitute

31BArranging for services of private legal practitioners

(1)If the commission provides legal assistance to a person by arranging for the services of a private legal practitioner, the commission may only select a practitioner who is included in a panel established under section 31E (1) (a listed practitioner) to provide that assistance.

(2)In selecting a listed practitioner to act for a legally assisted person, the principal considerations that the commission must take into account are the interests of the person and the person’s preference (if any) for a particular listed practitioner.

(3)The commission must, after taking into account the considerations mentioned in subsection (2), ensure that selection of a listed practitioner to provide legal assistance is made as equitably as possible having regard to—

(a)the nature of the listed practitioner’s legal practice; and

(b)the practitioner’s experience.

31CFees for services of private legal practitioners

(1)The fees the commission pays for services provided by private legal practitioners to legally assisted people must as far as practicable—

(a)consist of fixed amounts for the performance of particular services; and

(b)be less than the ordinary professional cost of those services.

(2)However, the commission must consult, and take into account the views of, the following bodies when determining the fees it will pay for services provided by private legal practitioners to legally assisted people:

(a)the council of the law society;

(b)the council of the bar association.

31DRecord of services provided by private legal practitioners

The commission must—

(a)keep a record of the number and type of matters in which private legal practitioners provide services to legally assisted people under this Act; and

(b)make the record available for inspection on request by the law society or bar association.

31EPanels of private legal practitioners

(1)The commission may establish panels of private legal practitioners to provide legal assistance in accordance with the commission’s function under section 8 (2).

(2)A panel may be established for matters generally, or particular kinds of matter, or matters before particular courts or tribunals, for which legal assistance may be granted under this Act.

(3)A practitioner who wishes to be included in a panel established under this section must apply to the commission in a way approved by the commission.

(4)The commission may—

(a)appoint practitioners to a panel in accordance with the criteria determined under subsection (5); and

(b)suspend, remove or exclude practitioners from a panel on the grounds determined under subsection (7) (b); and

(c)impose conditions on the reappointment of a practitioner who has been suspended, removed or excluded, which in the opinion of the commission are:

(i)appropriate under the circumstances; and

(ii)in keeping with the requirements determined under subsection (7) (c).

(5)The commission may determine criteria for the appointment of practitioners to a panel.

(6)Without limiting subsection (5), the criteria may include criteria about any of the following matters:

(a)a practitioner’s skills, qualifications and experience;

(b)a practitioner’s agreement to comply with the requirements stated by the commission in relation to any of the following:

(i)practice standards;

(ii)reporting and accountability;

(iii)compliance audits.

(7)The commission may determine the following:

(a)the period for which practitioners are appointed to a panel;

(b)the grounds on which a practitioner may be suspended, removed or excluded from a panel;

(c)the requirements, if any, for reappointment of a practitioner to a panel.

(8)A determination by the commission under this section is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

31FCompliance audits

(1)The commission may, at any time, perform an audit (a compliance audit) of legal assistance provided by a private legal practitioner.

(2)A compliance audit must not be performed unless the commission has given the practitioner written notice of—

(a)the commission’s intention to carry out the audit; and

(b)the scope of the audit.

  1. Notice to practitioner about proposed decision

    Before making a decision about a private legal practitioner under section 31E (4) (b) or (c), the commission must—

    (a)give written notice to the practitioner setting out the reasons for the proposed decision; and

    (b)allow the practitioner a reasonable opportunity to be heard on the proposed decision.

  2. Payments to private legal practitioners
    Section 32AA (2)

    substitute

    (2)The private legal practitioner must give the commission an invoice for the legal services provided in the matter.

    (2A)The commission may issue directions about the giving of invoices.

  3. Section 32AA (4)

    omit

    in accordance with subsection (2)

    substitute

    in accordance with any directions issued under subsection (2A)

  4. New part 5A

    insert

Part 5ADispute resolution

35ADefinitions—pt 5A

In this part:

approved negotiation means a program for dispute resolution that—

(a)is approved by the commission; and

(b)consists of a structured negotiation process; and

(c)uses a convenor to assist parties to a dispute to settle the dispute.

convenor means a person to whom a dispute has been referred for approved negotiation.

negotiation session means a meeting that forms part of approved negotiation and includes steps to arrange or follow-up the meeting.

35BPower of commission to arrange approved negotiation

The commission may provide approved negotiation to all parties in a matter or proceeding if at least 1 party is receiving legal assistance from the commission for the matter or proceeding.

35CExpenses of dispute resolution

(1)The commission may, to partly or fully meet the costs associated with approved negotiation in a matter or proceeding—

(a)use money available to the commission; or

(b)require a legally assisted person, or another party, in the matter or proceeding to partly or fully meet the costs.

(2)An amount required to be paid under subsection (1) (b)—

(a)is a debt owing to the commission; and

(b)must be paid in the time and way stated by the commission.

NoteIf an amount is owing under a law to a person by another person, the person may recover the amount as a debt owing to the person in a court of competent jurisdiction (see Legislation Act, s 177). The commission is a person (see Legislation Act, s 160).

35DConfidentiality of negotiation

A convenor must not disclose information obtained in a negotiation session to a person who is not a party to the session (a nonparticipant) unless—

(a)the person who provided the information to the convenor consents to the information being disclosed to the nonparticipant; or

(b)the information is necessary for the provision or administration of legal assistance and is being disclosed to any of the following:

(i)the board;

(ii)the chief executive officer;

(iii)a committee established under this Act;

(iv)a member of the staff of the commission; or

(c)the following apply:

(i)the information is necessary so that any party or parties to the session can be referred to another dispute resolution service (a related service) that may be able to assist in the resolution of the dispute between the parties, or in some other way;

(ii)all parties to the session consent to the information being disclosed to the related service; or

(d)the disclosure of the information is reasonably necessary to prevent or minimise injury to a person or damage to property; or

(e)the convenor is required to disclose the information under a law of the Territory or Commonwealth.

35EAdmissibility of evidence

(1)Evidence of anything said or done at a negotiation session, including a document prepared at or for the session, is not admissible in evidence in any proceeding in a court or tribunal unless the parties in attendance at the session consent to the admission of the evidence.

(2)In this section:

document includes a copy of, or an extract from, a document.

35FProtection of convenor from liability

A convenor is not liable in a civil proceeding for anything done, or omitted to be done, honestly by the convenor—

(a)in the exercise of a function under this part; or

(b)in the reasonable belief that the act or omission was in the exercise of a function under this part.

  1. Qualifications for appointment
    Section 50 (2)

    omit

    section 7 (1) (e)

    substitute

    section 16 (1) (c) (iv)

  2. Section 50 (3)

    omit

  3. Section 58

    substitute

  4. Leave of absence

    The commission may grant leave of absence to a statutory officer of the commission on the terms decided by the commission.

  5. Delegation of commission’s power to appoint
    Section 62

    omit

  6. Personnel management
    Section 68A (2) (a)

    omit

    all people

    substitute

    all employees

  7. New section 90

    in part 13, insert

  8. Delegation by commission

    The commission may delegate any of its functions under this Act to any of the following:

    (a)a committee of commissioners or committee of officers of the commission or both;

    (b)an officer of the commission;

    (c)any person providing services on behalf of the commission under this Act.

    NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

  9. Section 94 heading

    substitute

  10. Commission to operate as Legal Aid ACT

  11. Section 94 (1)

    omit

    Legal Aid Office (A.C.T.)

    insert

    Legal Aid ACT

  12. Section 98

    substitute

  13. Superannuation

    (1)Nothing in this Act authorises the provision of superannuation benefits to an officer of the commission otherwise than under—

    (a)the Superannuation Act 1976 (Cwlth); or

    (b)the Superannuation Act 1990 (Cwlth); or

    (c)the Superannuation Act 2005 (Cwlth); or

    (d)a superannuation scheme determined by the Minister.

    (2)A determination is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

  14. New part 14

    insert

Part 14Transitional—Justice and Community Safety Legislation Amendment Act 2009 (No 2)

  1. Continuation of appointments

    (1)This section applies to a person appointed as a commissioner under section 7 (3) before the commencement day (a former appointee).

    (2)A former appointee whose period of office as a commissioner has not ended on the commencement day continues to hold office until the end of the period of office as if the former appointee were appointed under the corresponding provision of section 16 as in force on the commencement day.

    (3)In this section:

    commencement day means the day this section commences.

  2. Dictionary, note 2

    insert

    ·     document

  3. Dictionary, new definition of board

    insert

    board means the board of the commission established under section 14.

  4. Dictionary, definition of commissioner

    substitute

    commissioner means a member of the board appointed under section 16.

Part 10Machinery Act 1949

  1. Legislation amended—pt 10

    This part amends the Machinery Act 1949.

  2. Inspectors of machinery
    Section 4 (1), except notes

    substitute

    (1)The chief executive may appoint a person to be an inspector for this Act.

Part 11Magistrates Court Act 1930

  1. Legislation amended—pt 11

    This part amends the Magistrates Court Act 1930.

  2. Section 7F

    substitute

7FRetirement

(1)This section applies if a magistrate is—

(a)an eligible employee for the Superannuation Act 1976 (Cwlth); or

(b)a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or

(c)a member of any other superannuation scheme determined by the Attorney-General.

(2)The Executive may retire the magistrate on the ground of invalidity with the magistrate’s consent.

(3)A determination under subsection (1) (c) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

  1. Division 3.4.2

    substitute

Division 3.4.2           Warrants for witnesses

  1. Definitions—div 3.4.2

    In this division:

    prescribed period means 18 hours from the time a person is arrested under a warrant.

    reporting officer means the police officer mentioned in section 67 (2) (b).

    warrant means a warrant under this division.

  2. Warrant to bring witness to court

    (1)The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person—

    (a)was informed of the time and place of the hearing; and

    (b)was required to attend to give evidence at the hearing in accordance with—

    (i)a subpoena served on the person; or

    (ii)an order of the court; or

    (iii)an undertaking given to the court by the person; and

    (c)failed to attend the hearing as required; and

    (d)did not provide the court with a reasonable explanation for not attending.

    (2)A warrant must not be issued under subsection (1) unless—

    (a)the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and

    (b)it is in the interests of justice to issue the warrant.

    (3)In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:

    (a)the importance of the evidence the person is expected to give;

    (b)whether the evidence could be obtained by other means;

    (c)the nature of the matter being heard;

    (d)the degree of urgency to resolve the matter;

    (e)the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;

    (f)if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person—

    (i)the reason (if any) given by the person for not attending as required; and

    (ii)the impact of using a warrant for the arrest of the person.

  3. First instance warrant

    (1)The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is—

    (a)unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and

    (b)in the interests of justice to do so.

    (2)In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:

    (a)the importance of the evidence the person is expected to give;

    (b)whether the evidence could be obtained by other means;

    (c)the nature of the matter being heard;

    (d)the degree of urgency to resolve the matter;

    (e)the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;

    (f)the impact of using a warrant for the arrest of the person.

  4. Warrant remains in force until executed

    A warrant remains in force until whichever of the following happens first:

    (a)the warrant is executed;

    (b)the court revokes the warrant.

  5. Executing a warrant

    (1)A warrant authorises a police officer (an executing officer) to—

    (a)arrest the person named in the warrant; and

    (b)bring the person before the court.

    (2)If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant.

    (3)However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time.

    (4)An executing officer—

    (a)must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and

    (b)must, before removing the person, explain to the person the purpose of the warrant; and

    (c)must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and

    (d)if a person is under a legal disability—must inform a parent or guardian of the person of the arrest.

    (5)In this section:

    dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.

  6. Procedure after arrest

    (1)A person who is arrested under a warrant must be brought before the court—

    (a)as soon as practicable after the person is arrested; and

    (b)within the prescribed period; and

    (c)in accordance with this section.

    (2)A person must be brought before the court by a police officer—

    (a)if the court is sitting at the time the officer is able to bring the person before the court—in person; or

    (b)if the court is not sitting at the time the officer is able to bring the person before the court—by telephone call made by the officer to a magistrate to report the execution of the warrant to the court.

    (3)A person brought before the court must be dealt with in accordance with section 68.

    (4)A person arrested under a warrant—

    (a)may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and

    (b)must be released if the officer cannot comply with that subsection within the prescribed period.

  7. Orders following executed warrant

    (1)The court may order that the person—

    (a)be remanded in custody until the date, time and place specified in the order; or

    (b)be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court—

    (i)in the recognisance; and

    (ii)in any subsequent notice given or sent to the person by the court; or

    (c)be released unconditionally.

    (2)If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by—

    (a)if the court is sitting when the order is made—the court; or

    (b)if the court is not sitting when the order is made—the reporting officer.

    (3)Any single period of remand ordered under this section must not be longer than—

    (a)28 days; or

    (b)if the person chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.

    (4)Division 3.4.4 applies to a recognisance under this section.

Part 12Prohibited Weapons Act 1996

  1. Legislation amended—pt 12

    This part amends the Prohibited Weapons Act 1996.

  2. Application of Act
    New section 4 (1) (aa)

    insert

    (aa)a police service or force of a foreign country required to possess or use a prohibited weapon for taking part in a training activity—

    (i)conducted by the Australian Federal Police; and

    (ii)carried out in the ACT; or

Part 13Regulatory Services Legislation Amendment Act 2008

  1. Legislation amended—pt 13

    This part amends the Regulatory Services Legislation Amendment Act 2008.

  2. Section 26

    substitute

  3. Contracts to which Act applies
    Section 4 (1) (a)

    substitute

    (a)negotiations leading to the making of the contract (whether or not they are the only negotiations that precede the making of the contract) take place between the consumer and a dealer—

    (i)in each other’s presence in the ACT at a place other than trade premises of the supplier; or

    (ii)in a telephone call made, or received, by the consumer in the ACT; and

Part 14Remuneration Tribunal Act 1995

  1. Legislation amended—pt 14

    This part amends the Remuneration Tribunal Act 1995.

  2. Schedule 1, part 1.2

    omit

    ·     president of the human rights commission

Part 15Residential Tenancies Act 1997

  1. Legislation amended—pt 15

    This part amends the Residential Tenancies Act 1997.

  2. New section 64A

    in part 5, insert

64AStandard residential tenancy term—increase in rent

Under a fixed term agreement rent may not be increased during the currency of the fixed term unless the amount of the increase, or a method for working it out, is set out in the agreement.

Part 16Supreme Court Act 1933

  1. Legislation amended—pt 16

    This part amends the Supreme Court Act 1933.

  2. Section 44

    substitute

  3. Retirement

    (1)This section applies if the master is—

    (a)an eligible employee for the Superannuation Act 1976 (Cwlth); or

    (b)a member of the Superannuation Scheme for the Superannuation Act 1990 (Cwlth); or

    (c)a member of any other superannuation scheme determined by the Attorney-General.

    (2)The Executive may retire the master on the ground of invalidity with the master’s consent.

    (3)A determination under subsection (1) (c) is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 18 June 2009.

  2. Notification

    Notified under the Legislation Act on 1 September 2009.

  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 2009 (No 2), which was passed by the Legislative Assembly on 18 August 2009.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2009

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