Justice and Community Safety Legislation Amendment Act 2011 (No 3) (ACT)

Justice and Community Safety Legislation Amendment Act 2011 (No 3)

A2011-49

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended––sch 1  2

Schedule 1 Legislation amended  3

Part 1.1    Agents Act 2003  3

Part 1.2    Crimes (Sentence Administration) Act 2005              3

Part 1.3    Fair Trading (Australian Consumer Law) Act 1992        4

Part 1.4    Fair Trading (Motor Vehicle Repair Industry) Act 2010     4

Part 1.5    Legislation Act 2001  5

Part 1.6    Liquor Act 2010  5

Part 1.7    Pawnbrokers Act 1902  6

Part 1.8    Prostitution Act 1992  6

Part 1.9    Road Transport (General) Act 1999  7

Part 1.10   Sale of Motor Vehicles Act 1977  7

Part 1.11   Second-hand Dealers Act 1906  8

Justice and Community Safety Legislation Amendment Act 2011 (No 3)

A2011-49

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 (No 3).

2. Commencement

   (1)Section 3 and schedule 1, parts 1.2, 1.3, 1.5 and 1.9 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)Schedule 1, parts 1.1, 1.4, 1.6 to 1.8, 1.10 and 1.11 commence on the later of––

   (a)the commencement of the Statute Law Amendment Act 2011 (No 3), section 5; and

   (b)the commencement of this Act, section 3.

3. Legislation amended––sch 1

   This Act amends the legislation mentioned in schedule 1.

Schedule 1Legislation amended

(see s 3)

Part 1.1Agents Act 2003

[1.1]Dictionary, note 2

insert

·    CrimTrac

[1.2]Dictionary, definition of police certificate

after

Australian Federal Police

insert

or CrimTrac

Part 1.2Crimes (Sentence Administration) Act 2005

[1.3]Section 116I (1) (d) (iii)

omit

[1.4]Section 116N

omit

[1.5]Section 116ZS

omit

and relevant credit reporting agency

Part 1.3Fair Trading (Australian Consumer Law) Act 1992

[1.6]New section 33 (1) (ba)

insert

(ba)investigate compliance with fair trading legislation; and

[1.7]Section 36 (1)

after

(b),

insert

(ba),

Part 1.4Fair Trading (Motor Vehicle Repair Industry) Act 2010

[1.8]Dictionary, note 2

insert

·    CrimTrac

[1.9]Dictionary, definition of police certificate

after

Australian Federal Police

insert

or CrimTrac

Part 1.5Legislation Act 2001

[1.10]Dictionary, part 1, definition of road transport authority, note

substitute

Note 1In relation to the exercise of a function by the road transport authority under a provision of the road transport legislation, the director‑general of the administrative unit responsible for the provision is the road transport authority.

Note 2Road transport legislation––see the Road Transport (General) Act 1999, s 6.

Part 1.6Liquor Act 2010

[1.11]Dictionary, definition of police certificate

before

CrimTrac

insert

the Australian Federal Police or

[1.12]Dictionary, definition of police certificate, paragraph (a)

omit

agency

substitute

Australian Federal Police or CrimTrac

Part 1.7Pawnbrokers Act 1902

[1.13]Section 28 (2)

after

police officer

insert

or CrimTrac

[1.14]Dictionary, note 2

insert

·    CrimTrac

Part 1.8Prostitution Act 1992

[1.15]Section 5, definition of police report

after

police officer

insert

or CrimTrac

[1.16]Dictionary, note 2

insert

·    CrimTrac

Part 1.9Road Transport (General) Act 1999

[1.17]New section 16 (2A)

insert

(2A)For this section, in relation to the exercise of a function under a provision of the road transport legislation, the director‑general is the director‑general of the administrative unit responsible for the provision.

NoteFunction includes authority, duty and power (see Legislation Act, dict, pt 1).

[1.18]Dictionary, note 2

insert

·    administrative unit

Part 1.10Sale of Motor Vehicles Act 1977

[1.19]Dictionary, note 2

insert

·    CrimTrac

[1.20]Dictionary, definition of police certificate

after

Australian Federal Police

insert

or CrimTrac

Part 1.11Second-hand Dealers Act 1906

[1.21]Section 18 (2)

after

police officer

insert

or CrimTrac

[1.22]Dictionary, note 2

insert

·    CrimTrac

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 27 October 2011.

2. Notification

   Notified under the Legislation Act on 22 November 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 (No 3), which was passed by the Legislative Assembly on 15 November 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011