Justice and Community Safety Legislation Amendment Act 2010 (No 2) (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2010 (No 2)

A2010-30

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

Schedule 1Legislation amended  3

Part 1.1ACT Civil and Administrative Tribunal Act 2008              3

Part 1.2Associations Incorporation Act 1991  6

Part 1.3Associations Incorporation Regulation 1991                  6

Part 1.4Cooperatives Act 2002  7

Part 1.5Corrections Management Act 2007  7

Part 1.6Crimes (Sentence Administration) Act 2005                   8

Part 1.7Director of Public Prosecutions Act 1990  8

Part 1.8Domestic Violence Agencies Act 1986  9

Part 1.9Firearms Act 1996  9

Part 1.10Guardianship and Management of Property Act 1991      10

Part 1.11Human Rights Commission Act 2005  10

Part 1.12Independent Competition and Regulatory Commission Act 1997       11

Part 1.13Justices of the Peace Act 1989  11

Part 1.14Legal Aid Act 1977  11

Part 1.15Magistrates Court Act 1930  12

Part 1.16Ombudsman Act 1989  14

Part 1.17Powers of Attorney Act 2006  15

Part 1.18Prostitution Act 1992  15

Part 1.19Public Advocate Act 2005  17

Part 1.20Public Trustee Act 1985  18

Justice and Community Safety Legislation Amendment Act 2010 (No 2)

A2010-30

An Act to amend legislation about justice and community safety

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

  1. Name of Act

    This Act is the Justice and Community Safety Legislation Amendment Act 2010 (No 2).

  2. Commencement

    (1)Section 3 and schedule 1, part 1.1 (ACT Civil and Administrative Tribunal Act 2008) commence on the day after this Act’s notification day.

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

    (2)The remaining provisions commence on the 28th day after this Act’s notification day.

  3. Legislation amended

    This Act amends the legislation mentioned in schedule 1.


Schedule 1Legislation amended

(see s 3)

Part 1.1ACT Civil and Administrative Tribunal Act 2008

[1.1]Section 94 (2)

substitute

(1A)Also, the Executive may appoint a person as a temporary presidential member of the tribunal.

(2)The Executive must not appoint a person under subsection (1) or (1A) unless the person is a lawyer and has been a lawyer for 5 years or more.

[1.2]Section 96 (2)

substitute

(1A)Also, the Attorney-General may appoint a person to the tribunal as a temporary senior member or temporary ordinary member.

(2)The Attorney-General must not appoint a person under subsection (1) or (1A) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of a senior or ordinary member.

[1.3]Section 96 (3)

omit

appointment of senior and ordinary members

substitute

appointment of non-presidential members

[1.4]Section 98 (1)

after

presidential member

insert

under section 94 (1)

[1.5]New section 98 (1A)

insert

(1A)The appointment of a person as a temporary presidential member under section 94 (1A) is for the term, not longer than 12 months, stated in the appointment.

[1.6]Section 98 (2)

after

non-presidential member

insert

under section 96 (1)

[1.7]New section 98 (2A)

before the note, insert

(2A)The appointment of a person as a temporary non-presidential member under section 96 (1A) is for the term, not longer than 12 months, stated in the appointment.

[1.8]Section 101

omit

[1.9]Section 103 heading

substitute

  1. Presidential members not to do other work

[1.10]Section 103

after

presidential member

insert

appointed under section 94 (1)

[1.11]Dictionary, definition of non-presidential member

substitute

non-presidential member means a senior member or ordinary member of the tribunal appointed under section 96 (1) or a temporary senior member or temporary ordinary member of the tribunal appointed under section 96 (1A).

[1.12]Dictionary, definition of presidential member

substitute

presidential member means the general president, appeal president or another presidential member appointed under section 94 (1) or a temporary presidential member appointed under section 94 (1A).

Part 1.2Associations Incorporation Act 1991

[1.13]Section 63 (2)

omit

an insolvent under administration within the meaning of the Corporations Act

substitute

bankrupt or personally insolvent

[1.14]Section 64 (2) (d)

substitute

(d)becomes bankrupt or personally insolvent; or

[1.15]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.3Associations Incorporation Regulation 1991

[1.16]Schedule 1, section 16 (1) (e)

substitute

(e)becomes bankrupt or personally insolvent; or

Part 1.4Cooperatives Act 2002

[1.17]Section 67 (1) (c)

substitute

(c)the person becomes bankrupt or personally insolvent, unless the rules of the cooperative otherwise provide;

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.18]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.5Corrections Management Act 2007

[1.19]Section 61 (1) (c)

substitute

(c)if the official visitor becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.20]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.6Crimes (Sentence Administration) Act 2005

[1.21]Section 178 (1) (c)

substitute

(c)if the member becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.22]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.7Director of Public Prosecutions Act 1990

[1.23]Section 28 (2) (a)

substitute

(a)becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.24]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.8Domestic Violence Agencies Act 1986

[1.25]Section 8 (3) (c)

substitute

(c)if the member becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.26]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.9Firearms Act 1996

[1.27]Section 127

substitute

  1. When temporary international firearms licences may be issued

    The registrar must not issue a temporary international firearms licence earlier than 28 days after the day the application for the licence is made unless—

    (a)the applicant has a genuine reason to possess or use a firearm under section 128 (1) (a); and

    (b)the Minister authorises the issue in writing.

Part 1.10Guardianship and Management of Property Act 1991

[1.28]Section 10 (2) (c)

substitute

(c)is bankrupt or personally insolvent (and, if so, has given particulars to the ACAT).

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.29]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.11Human Rights Commission Act 2005

[1.30]Section 29 (1) (c)

substitute

(c)if the person becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.31]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.12Independent Competition and Regulatory Commission Act 1997

[1.32]Schedule 2, section 2.5 (6)

substitute

(6)A commissioner ceases to hold office if the commissioner becomes bankrupt or personally insolvent.

[1.33]Schedule 3, section 3.9 (6)

substitute

(6)A member of a panel ceases to hold office if the member becomes bankrupt or personally insolvent.

[1.34]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.13Justices of the Peace Act 1989

[1.35]Section 3B (1) (a)

substitute

(a)the person becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

Part 1.14Legal Aid Act 1977

[1.36]Section 52 (2) (a)

substitute

(a)becomes bankrupt or personally insolvent; or

[1.37]Section 60 (2) (a)

substitute

(a)becomes bankrupt or personally insolvent; or

[1.38]Section 78 (2) (a)

substitute

(a)becomes bankrupt or personally insolvent; or

[1.39]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.15Magistrates Court Act 1930

[1.40]Section 89 heading

substitute

  1. Indictable offences—issue of warrant for non-appearance

[1.41]New section 89 (1A)

insert

(1A)This section also applies if—

(a)subsection (1) (a), (b) and (e) apply in relation to a person; and

(b)the person appears before the court for the hearing of the information for the offence; and

(c)the court adjourns or postpones the hearing or further hearing; and

(d)the person is told of the time and place of the adjourned or postponed hearing or further hearing; and

(e)the person does not appear before the court at the adjourned or postponed hearing or further hearing.

[1.42]New sections 112 and 112A

insert

  1. Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing

    (1)This section applies if—

    (a)a defendant appears before the court for the hearing of an information for an offence; and

    (b)the information is substantiated by the oath of the informant or a witness; and

    (c)the court adjourns or postpones the hearing or further hearing; and

    (d)the defendant is told of the time and place of the adjourned or postponed hearing or further hearing; and

    (e)the defendant does not appear before the court at the adjourned or postponed hearing or further hearing.

    (2)The court may issue a warrant for the arrest of the defendant and to bring the defendant before the court at the adjourned or postponed hearing or further hearing.

112ACourt may direct defendant to appear

(1)This section applies if—

(a)a summons is served on a defendant in relation to an information for an offence; and

(b)in accordance with the summons—the defendant appears before the court represented by a lawyer; and

(c)the defendant does not appear personally for the hearing; and

(d)the information is substantiated by the oath of the informant or a witness.

(2)The court may at any time during the hearing—

(a)adjourn the hearing; and

(b)direct the defendant by written notice to attend personally before the court for any matter related to the hearing, at the time and place specified by the court.

(3)A notice under subsection (2) must be served in the same way as the service of a summons under section 41.

(4)If the defendant does not appear before the court in accordance with a notice under subsection (2), the court may issue a warrant for the arrest of the defendant and to bring the defendant before the court.

Part 1.16Ombudsman Act 1989

[1.43]Section 28 (6)

substitute

(6)The Executive must remove the ombudsman from office if the ombudsman becomes bankrupt or personally insolvent.

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.44]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.17Powers of Attorney Act 2006

[1.45]Section 14 (1) (b) and note

substitute

(b)a person who is bankrupt or personally insolvent.

[1.46]Section 62 (1) (b)

substitute

(b)the attorney becomes bankrupt or personally insolvent.

[1.47]Section 62 (2), note

omit

[1.48]Dictionary, note 2

insert

·     bankrupt or personally insolvent

[1.49]Dictionary, definitions of bankrupt and personal insolvency agreement

omit

Part 1.18Prostitution Act 1992

[1.50]Section 24

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.51]Section 25 heading

substitute

  1. Providing or receiving commercial sexual services if infected

[1.52]Sections 25 and 26

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.53]Section 32 (2) (g)

omit

sexually transmitted diseases

substitute

sexually transmissible infections

[1.54]Schedule 2, item 7, column 3

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.55]Dictionary, definition of prophylactic

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.56]Dictionary, definition of sexually transmitted disease

substitute

sexually transmissible infection means—

(a)chancroid, chlamydial infection, donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum or syphilis; or

(b)an infection prescribed by regulation.

Part 1.19Public Advocate Act 2005

[1.57]Section 7 (1) (c)

substitute

(c)if the person becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.58]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Part 1.20Public Trustee Act 1985

[1.59]Section 53 (2) (c)

substitute

(c)if the member becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.60]Dictionary, note 2

insert

·     bankrupt or personally insolvent

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 6 May 2010.

  2. Notification

    Notified under the Legislation Act on 31 August 2010.

  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 2010 (No 2), which was passed by the Legislative Assembly on 19 August 2010.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2010

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