Justice and Community Safety Legislation Amendment Act 2011 (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2011

A2011-16

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended—sch 1  2

Schedule 1Legislation amended  3

Part 1.1ACT Civil and Administrative Tribunal Act 2008              3

Part 1.2Associations Incorporation Act 1991  3

Part 1.3Charitable Collections Act 2003  4

Part 1.4Classifications (Publications, Films and Computer Games) (Enforcement) Act 1995  5

Part 1.5Fair Trading (Australian Consumer Law) Act 1992           6

Part 1.6Hawkers Act 2003  8

Part 1.7Prostitution Act 1992  9

Part 1.8Roads and Public Places Act 1937  10

Part 1.9Sale of Motor Vehicles Act 1977  11

Part 1.10Smoke-Free Public Places Act 2003  13

Part 1.11Tobacco Act 1927  13

Justice and Community Safety Legislation Amendment Act 2011

A2011-16

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 2011.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

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

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended—sch 1

    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 20 (1)

omit

greater that $10 000

substitute

greater than $10 000

Part 1.2Associations Incorporation Act 1991

[1.2]Section 93 (3) (e)

omit

3

substitute

2

Part 1.3Charitable Collections Act 2003

[1.3]New section 54 (1) (aa)

insert

(aa)an investigator under the Fair Trading (Australian Consumer Law) Act 1992;

[1.4]New section 56 (7)

insert

(7)In this section:

identity card means—

(a)for an authorised person mentioned in section 54 (1) (aa)—an identity card issued under the Fair Trading (Australian Consumer Law) Act 1992, section 37; or

(b)for an authorised person appointed under section 54 (2)—a card issued under section 55.

Part 1.4Classifications (Publications, Films and Computer Games) (Enforcement) Act 1995

[1.5]Section 54A, definition of registrar

omit

[1.6]Sections 54B and 54BA

omit

[1.7]Section 54C, note 2

substitute

Note 2If a form is approved by the commissioner under s 68 (Approved forms—commissioner) for an application, the form must be used.

[1.8]New section 54U (2)

after the notes, insert

(2)An investigator under the Fair Trading (Australian Consumer Law) Act 1992 is also an inspector.

[1.9]New section 54V (1A)

before section (1), insert

(1A)This section applies only to an inspector appointed under section 54U (1).

[1.10]Dictionary, note 2

insert

·     commissioner for fair trading

[1.11]Dictionary, new definition of commissioner

insert

commissioner means the commissioner for fair trading.

[1.12]Dictionary, definition of registrar

omit

[1.13]Further amendments, mentions of registrar

omit

registrar

substitute

commissioner

in

·     sections 54D and 54E

·     sections 54H to 54Q

·     sections 54YB to 54ZB

·     section 68

Part 1.5Fair Trading (Australian Consumer Law) Act 1992

[1.14]Section 34 (2), definition of consumer and trader legislation

substitute

consumer and trader legislation means the following:

(a)the fair trading legislation;

(b)the Classifications (Publications, Films and Computer Games) (Enforcement) Act 1995;

(c)the Pawnbrokers Act 1902;

(d)the Prostitution Act 1992;

(e)the Sale of Motor Vehicles Act 1977;

(f)the Second-hand Dealers Act 1906;

(g)the Tobacco Act 1927.

[1.15]Section 36

substitute

  1. Investigators

    (1)The commissioner may appoint a person as an investigator for this Act, section 33 (1) (b), (c) or (d) (Functions of commissioner).

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

    Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

    (2)An investigator may also exercise any other function given to the investigator under a territory law.

[1.16]Dictionary, definition of fair trading legislation, new paragraph (da)

insert

(da)the Fair Trading (Motor Vehicle Repair Industry) Act 2010; or

[1.17]Dictionary, definition of investigator

substitute

investigator means the commissioner or a person appointed under section 36.

Part 1.6Hawkers Act 2003

[1.18]Section 40 (1) (b)

substitute

(b)a roads and public places officer appointed under the Roads and Public Places Act 1937, section 2C (1);

(ba)an investigator under the Fair Trading (Australian Consumer Law) Act 1992;

[1.19]New section 41 (1A)

before subsection (1), insert

(1A)This section applies only to an authorised person appointed under section 40 (2).

[1.20]Section 41 (1)

omit

(other than a police officer or roads and public places officer)

[1.21]Section 41 (2) (a)

omit

[1.22]New section 42 (6)

insert

(6)In this section:

identity card means—

(a)for an authorised person mentioned in section 40 (1) (ba)—an identity card issued under the Fair Trading (Australian Consumer Law) Act 1992, section 37; or

(b)for an authorised person appointed under section 40 (2)—a card issued under section 41.

Part 1.7Prostitution Act 1992

[1.23]Division 2.2 heading

substitute

Division 2.2               Register and notices

[1.24]Sections 9 and 10

omit

[1.25]Dictionary, note 2

insert

·     commissioner for fair trading

[1.26]Dictionary, new definition of commissioner

insert

commissioner means the commissioner for fair trading.

[1.27]Dictionary, definition of registrar

omit

[1.28]Further amendments, mentions of registrar

omit

registrar

substitute

commissioner

in

·     sections 11 to 14

·     section 16

·     section 30

Part 1.8Roads and Public Places Act 1937

[1.29]Section 2C heading

substitute

2CRoads and public places officers

[1.30]New section 2C (2)

after the notes, insert

(2)Also, an investigator under the Fair Trading (Australian Consumer Law) Act 1992 is a roads and public places officer.

[1.31]Dictionary, definition of roads and public places officer

substitute

roads and public places officer means a roads and public places officer under section 2C.

Part 1.9Sale of Motor Vehicles Act 1977

[1.32]Sections 5 and 5A

omit

[1.33]Section 5B (2) (a) and (b)

substitute

(a)the commissioner;

(b)an investigator under the Fair Trading (Australian Consumer Law) Act 1992;

[1.34]Section 5C

substitute

5CIdentity cards

(1)This section applies only to an inspector appointed under section 5B (1).

(2)The chief executive must give each inspector an identity card that states the person’s name and that the person is an inspector.

(3)The identity card must show—

(a)a recent photograph of the person; and

(b)the card’s date of issue and expiry.

(4)A person commits an offence if—

(a)the person stops being an inspector; and

(b)the person does not return the identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an inspector.

Maximum penalty:  1 penalty unit.

(5)An offence against this section is a strict liability offence.

[1.35]Section 94

omit

[1.36]Dictionary, new definition of commissioner

insert

commissioner means the commissioner for fair trading.

[1.37]Dictionary, definitions of deputy registrar and registrar

omit

[1.38]Further amendments, mentions of registrar

omit

registrar

substitute

commissioner

in

·     sections 6 to 6A

·     sections 10 to 14

·     sections 14C to 15

·     section 20

·     section 22

·     section 24

·     section 38

·     sections 40 and 41

·     sections 43 to 46

·     section 49

·     sections 60 to 63

·     sections 71 to 74

·     sections 88 to 89A

·     section 93

·     schedule 2, item 9, column 3

·     schedule 2, item 13, column 3

·     dictionary, definition of register

Part 1.10Smoke-Free Public Places Act 2003

[1.39]New section 10 (1) (aa)

insert

(aa)an investigator under the Fair Trading (Australian Consumer Law) Act 1992;

Part 1.11Tobacco Act 1927

[1.40]Part 5

omit

[1.41]New section 32 (2) (d)

insert

(d)an investigator under the Fair Trading (Australian Consumer Law) Act 1992.

[1.42]New section 34 (1A)

before subsection (1), insert

(1A)This section applies only to an authorised person appointed under section 32 (1).

[1.43]Section 34 (1)

omit

(other than a public health officer or police officer)

[1.44]Dictionary, new definition of commissioner

insert

commissioner means the commissioner for fair trading.

[1.45]Dictionary, definitions of deputy registrar and registrar

omit

[1.46]Further amendments, mentions of registrar

omit

registrar

substitute

commissioner

in

·     section 32 (2) (a)

·     sections 47 and 48

·     sections 49A to 54

·     sections 57 to 59

·     section 65

·     section 71

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 31 March 2011.

  2. Notification

    Notified under the Legislation Act on 17 May 2011.

  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 2011, which was passed by the Legislative Assembly on 5 May 2011.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2011

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