Justice and Community Safety Legislation Amendment Act 2013 (No 4) (ACT)
Justice and Community Safety Legislation Amendment Act 2013 (No 4)
A2013-45
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended––sch 1 2
Schedule 1 Legislation amended 3
Part 1.1 Coroners Act 1997 3
Part 1.2 Magistrates Court Act 1930 7
Part 1.3 Residential Tenancies Act 1997 8
Part 1.4 Road Transport (General) Act 1999 8
Part 1.5 Victims of Crime Act 1994 9
Justice and Community Safety Legislation Amendment Act 2013 (No 4)
A2013-45
An Act to amend legislation about 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 2013 (No 4).
Commencement
This Act commences on the day after its 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.
Schedule 1Legislation amended
(see s 3)
Part 1.1Coroners Act 1997
[1.1]New section 11A
in division 2.2, insert
11ACoroner for matter not available
(1)This section applies if a person who is a coroner constituting a court in a particular matter ceases to hold office as a coroner, or ceases to be available, before the coroner finishes dealing with the matter.
(2)The Chief Coroner must arrange for another coroner to constitute the court in the matter.
(3)The other coroner may deal with the matter as the other coroner considers appropriate.
Example
deal with the matter afresh
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a coroner in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
[1.2]New section 57 (3A)
insert
(3A)If the coroner reports to the Attorney‑General under this section, the coroner must give a copy of the report to the responsible Minister.
[1.3]Section 57 (4) (a)
after 2nd mention of
report
insert
(the 6‑month period)
[1.4]Section 57 (4) (b)
omit
Executive’s
substitute
Attorney‑General’s and responsible Minister’s
[1.5]New section 57 (5) and (6)
insert
(5)However, if the Attorney‑General is of the opinion that it will not be reasonably practicable to comply with subsection (4) on a sitting day during the 6‑month period—
(a)the Attorney‑General must give the report and response, and a copy for each member of the Legislative Assembly, to the Speaker before the end of the 6‑month period; and
(b)the report and response are taken for all purposes to have been presented to the Legislative Assembly on the day the Attorney‑General gives them to the Speaker (the report day); and
(c)the Speaker must arrange for a copy of the report and response to be given to each member of the Legislative Assembly on the report day; and
(d)despite paragraph (b), the Speaker must present the report and response to the Legislative Assembly––
(i)on the next sitting day after the end of the 6‑month period; or
(ii)if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.
(6)In this section:
responsible Minister means the Minister responsible for the matter that is the subject of the inquest or inquiry to which a report under this section relates.
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is unavailable if—
(a)he or she is absent from duty; or
(b)there is a vacancy in the office of Speaker or Deputy Speaker.
[1.6]Part 9 heading
substitute
Part 9Witness expenses and other amounts
[1.7]Section 98
substitute
Witness expenses
A coroner may allow a witness who gives evidence before the coroner, whether or not the witness was subpoenaed to attend, witness expenses assessed in accordance with the Court Procedures Rules 2006, schedule 4.
[1.8]Dictionary, note 2
insert
· clerk
· Deputy Speaker
· sitting day
· Speaker
Part 1.2Magistrates Court Act 1930
[1.9]New section 5A
in part 2.1, insert
5AMagistrate for matter not available
(1)This section applies if a person who is a magistrate constituting the court in a particular civil matter, ceases to hold office as a magistrate, or ceases to be available, before the magistrate finishes dealing with the matter.
(2)The Chief Magistrate must arrange for another magistrate to constitute the court in the matter.
(3)The other magistrate may deal with the matter as the other magistrate considers appropriate.
Example
deal with the matter afresh
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a magistrate in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
[1.10]Section 316 (6)
substitute
(6)However, the sound recording of any part of the following proceedings must not be erased unless a transcript of the record of that part of the proceeding has been prepared:
(a)a proceeding in which a person charged with an indictable offence is committed to trial before the Supreme Court;
(b)a proceeding in which evidence is taken under a request mentioned in section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters).
Part 1.3Residential Tenancies Act 1997
[1.11]Section 78 (3), note
omit
$50 000
substitute
$250 000
Part 1.4Road Transport (General) Act 1999
[1.12]Section 44 (3) (b)
omit
by
substitute
before
[1.13]Section 44A (3) (b)
omit
by
substitute
before
[1.14]Section 84 (3) (b)
omit
by
substitute
before
Part 1.5Victims of Crime Act 1994
[1.15]Section 24 (2)
omit
$10
substitute
$30
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 8 August 2013.
Notification
Notified under the Legislation Act on 11 November 2013.
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 2013 (No 4), which was passed by the Legislative Assembly on 31 October 2013.
Clerk of the Legislative Assembly
© Australian Capital Territory 2013
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