Justice and Community Safety Legislation Amendment Act 2018 (ACT)

Justice and Community Safety Legislation Amendment Act 2018

A2018-12

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Civil Law (Wrongs) Act 2002

4            Duration of schemeSchedule 4, section 4.28 (6)  3

Part 3Crimes Act 1900

5            Special hearingSection 316 (3)  4

Part 4Crimes (Restorative Justice) Act 2004

6            Quarterly reporting by director-generalSection 68 (2)  5

Part 5Family Violence Act 2016

7           Applications and orders under repealed ActSection 199 (3)  6

Part 6Heavy Vehicle National Law (ACT) Act 2013

8Exclusion of Legislation Act
Section 8 (2) (b)  7

9            New part 10  7

Justice and Community Safety Legislation Amendment Act 2018

A2018-12

An Act to amend legislation about justice and community safety, and for other purposes

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 2018.

2. Commencement

   This Act commences on the 7th day after its notification day.

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

3. Legislation amended

   This Act amends the following legislation:

   ·     Civil Law (Wrongs) Act 2002

   ·     Crimes Act 1900

   ·     Crimes (Restorative Justice) Act 2004

   ·     Family Violence Act 2016

   ·     Heavy Vehicle National Law (ACT) Act 2013.

Part 2Civil Law (Wrongs) Act 2002

1. Duration of scheme
   Schedule 4, section 4.28 (6)

   substitute

   (6)To remove any doubt, an instrument under subsection (4) is effective to extend the period for which a scheme is in force even if the instrument is notified after the day the scheme ends.

Part 3Crimes Act 1900

1. Special hearing
   Section 316 (3)

   substitute

   (3)The Supreme Court must direct the ACAT to appoint a guardian with power to notify the court under subsection (2) (b) (ii) if the court is satisfied that—

   (a)there is no guardian who has power to do so; and

   (b)the accused is incapable of making the election mentioned in subsection (2) (a) (i).

Part 4Crimes (Restorative Justice) Act 2004

1. Quarterly reporting by director-general
   Section 68 (2)

   omit

   7 days

   substitute

   14 days

Part 5Family Violence Act 2016

1. Applications and orders under repealed Act
   Section 199 (3)

   substitute

   (3)However, part 9 (National recognition of FVOs) (other than division 9.6 (Application of pt 9—existing protection orders)) does not apply to a domestic violence order made under the repealed Act.

Part 6Heavy Vehicle National Law (ACT) Act 2013

1. Exclusion of Legislation Act
   Section 8 (2) (b)

   substitute

   (b)a reference in the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments) to—

   (i)‘6 sitting days’ were a reference to ‘20 sitting days’; and

   (ii)‘notification day’ were a reference to ‘published’ as mentioned in the Heavy Vehicle National Law (ACT), section 733 (1) (Publication of national regulations); and

2. New part 10

   insert

Part 10Validation

1. Validation of national regulation amendment regulations

   (1)The national regulations made for the Heavy Vehicle National Law (ACT) are taken to be amended by the amending regulations as if the amending regulations—

   (a)had been presented to the Legislative Assembly in accordance with the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments); and

   (b)had not been taken to be repealed under the Legislation Act, section 64 (2).

   (2)In this section:

   amending regulations means—

   (a)the Heavy Vehicle (General) National Amendment Regulation (NSW); and

   (b)the Heavy Vehicle National Amendment Regulation 2017(NSW).

2. Expiry—pt 10

   This part expires on the day it commences.

   NoteIf a law validates something, the validating effect of the law does not end only because of the repeal of the law (see Legislation Act, s 88 (1)).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 22 March 2018.

2. Notification

   Notified under the Legislation Act on 18 April 2018.

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 2018, which was passed by the Legislative Assembly on 10 April 2018.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2018