Justice and Community Safety Legislation Amendment Act 2021 (ACT)

Justice and Community Safety Legislation Amendment Act 2021

A2021-3

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2ACT Civil and Administrative Tribunal Act 2008

4            Section 115C  4

Part 3      ACT Civil and Administrative Tribunal Regulation 2009

5            Sections 9 and 10  5

Part 4Administration and Probate Act 1929

6            Section 38A  7

7           Section 46  8

Part 5Associations Incorporation Act 1991

8            Definitions—pt 5Section 70B, definition of reviewer, paragraph (a)  9

Part 6Civil Law (Wrongs) Act 2002

9            Membership of councilSchedule 4, new section 4.38 (2)  10

10          Chairperson and deputy chairperson of councilSchedule 4, new section 4.39 (1A)  10

11          Deputies of membersSchedule 4, new section 4.40 (1A)  10

Part 7Crimes Act 1900

12          Trial for murder—provocationNew section 13 (2) (b) (iii)  11

13          New section 13 (7)  11

Part 8Crimes (Sentence Administration) Act 2005

14          Victims register—young offendersSection 215A (6)  12

15          Disclosures to registered victims—young offendersSection 216A (5), definition of director-general  12

Part 9Guardianship and Management of Property Act 1991

16          ACAT directions etc for enduring powers of attorneySection 62 (1)  13

17          Section 62 (4) and (5)  13

18          Request for accounts—enduring powers of attorneySection 64 (1)  13

19          Section 64 (2)  13

Part 10Legal Profession Act 2006

20          Suitability mattersNew section 11 (1) (ba)  14

21          External administration proceedings under Corporations Act Section 125 (6)  14

22          Register of disciplinary actionNew section 448 (2A)  14

23          Dictionary, new definition of Chapter 5 body corporate  14

24          Dictionary, definition of show-cause event, new paragraph (aa)           15

Part 11Legislation Act 2001

25          Making of certain statutory instruments by ExecutiveSection 41 (2) (b)  16

26          Section 41 (4)  16

27          Exercise of functions of ExecutiveSection 253 (3)  16

Part 12Lotteries Act 1964

28          Determination of feesSection 18A (1)  17

Part 13Mental Health Act 2015

29          Removing person from affected person registerSection 133 (3)  18

30          Section 133 (4)  18

Part 14Powers of Attorney Act 2006

31          Keeping records—enduring powers of attorneySection 47 (1)  19

32          Section 47 (2) to (4)  19

33          Keeping property separate—enduring powers of attorneySection 48 (1)  19

34          Section 48 (1A), (3) and (4)  19

Part 15     Public Sector Management Act 1994

35          Ministerial responsibility and functions of administrative unitsSection 14 (4)  20

Part 16Public Trustee and Guardian Act 1985

36          WillsSection 22 (2) and (3)  21

37          Public trustee and guardian may require information or documentsSection 66 (1)  21

38          Section 66 (1A), (3) and (4)  21

Part 17Residential Tenancies Act 1997

39          Certain types of agreements not occupancy agreementsNew section 71CA (da)  22

40          Standard residential tenancy termsSchedule 1, clause 13 (1)  22

Part 18Retirement Villages Regulation 2013

41          Sections 35, 36 and 37 headings  23

Part 19Security Industry Regulation 2003

42          Exempt people—Act, s 9Section 6 (1) (k)  24

Part 20Wills Act 1968

43          Section 31C  25

Justice and Community Safety Legislation Amendment Act 2021

A2021-3

An Act to amend legislation about justice and community safety

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 2021.

2. Commencement

   (1)This Act (other than section 39) 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)).

   (2)Section 39 commences on the commencement of the Residential Tenancies Amendment Act 2020 (No 2), section 25.

3. Legislation amended

   This Act amends the following legislation:

   ·     ACT Civil and Administrative Tribunal Act 2008

   ·     ACT Civil and Administrative Tribunal Regulation 2009

   ·     Administration and Probate Act 1929

   ·     Associations Incorporation Act 1991

   ·     Civil Law (Wrongs) Act 2002

   ·     Crimes Act 1900

   ·     Crimes (Sentence Administration) Act 2005

   ·     Guardianship and Management of Property Act 1991

   ·     Legal Profession Act 2006

   ·     Legislation Act 2001

   ·     Lotteries Act 1964

   ·     Mental Health Act 2015

   ·     Powers of Attorney Act 2006

   ·     Public Sector Management Act 1994

   ·     Public Trustee and Guardian Act 1985

   ·     Residential Tenancies Act 1997

   ·     Retirement Villages Regulation 2013

   ·     Security Industry Regulation 2003

   ·     Wills Act 1968.

Part 2ACT Civil and Administrative Tribunal Act 2008

1. Section 115C

   substitute

115CUse of trust amounts

A trust amount may be used for any of the following purposes:

(a)to meet the recurrent costs of remuneration and administration of the ACAT;

(b)to reimburse the Territory for the costs of administering this Act;

(c)for a purpose prescribed by regulation in relation to any authorising law;

(d)for any other purpose prescribed by regulation.

Part 3ACT Civil and Administrative Tribunal Regulation 2009

1. Sections 9 and 10

   substitute

2. Use of trust amounts—Act, s 115C

   (1)The following purposes in relation to the Agents Act  2003 (the Agents Act) are prescribed:

   (a)promoting education and understanding of the Agents Act for licensed agents, registered salespeople and the public;

   (b)providing dispute resolution services for disputes involving licensed agents or registered salespeople;

   (c)paying additional amounts to the compensation fund;

   (d)researching issues of concern to licensed agents and people using the services of licensed agents, whether or not the issues arise under the Agents Act;

   (e)paying or reimbursing costs, incurred by the commissioner for fair trading on behalf of the Territory, for applications to the ACAT in relation to a licensed agent or registered salesperson;

   (f)paying reasonable costs and expenses incurred by an administrator under the Agents Act, section 143 (Remuneration of administrators);

   (g)reimbursing the Territory for the cost of administering the Agents Act.

   (2)The purposes mentioned in the Residential Tenancies Act 1997, section 28 (Interest on amounts in trust account) are prescribed.

   (3)The following purposes in relation to the Retirement Villages Act 2012 are prescribed:

   (a)providing advisory and advocacy services to residents and prospective residents of retirement villages;

   (b)reimbursing the Territory for the cost of administering that Act.

   (4)In this section:

   compensation fund—see the Agents Act, dictionary.

   licensed agent—see the Agents Act, dictionary.

   registered salesperson—see the Agents Act, dictionary.

   resident, of a retirement village—see the Retirement Villages Act 2012, dictionary.

   retirement village—see the Retirement Villages Act 2012, section 10.

Part 4Administration and Probate Act 1929

1. Section 38A

   substitute

38AEstate to vest in public trustee and guardian until grant

(1)This section applies if—

(a)a person dies; and

(b)representation has not been granted.

(2)The person’s real and personal estate vests in the public trustee and guardian.

(3)The public trustee and guardian may undertake the administration of the person’s estate while the person’s property is vested in the public trustee and guardian.

(4)However, subsection (3) does not require the public trustee and guardian—

(a)to administer the estate; or

(b)act as trustee of any trust created by the person’s will; or

(c)exercise any discretion, power or authority of a personal representative, trustee or devisee.

1. Section 46

   substitute

2. Entitlement of children

   (1)This section applies to a person entitled under this division to the whole of, or a share in, an intestate estate (the relevant interest) who, at the time of the death of the intestate, is a child.

   (2)The child is entitled to take the relevant interest in the estate immediately.

Part 5Associations Incorporation Act 1991

1. Definitions—pt 5
   Section 70B, definition of reviewer, paragraph (a)

   omit

   a member or

   substitute

   an

Part 6Civil Law (Wrongs) Act 2002

1. Membership of council
   Schedule 4, new section 4.38 (2)

   after the notes, insert

   (2)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of a person who is a member of an appropriate council in another jurisdiction.

2. Chairperson and deputy chairperson of council
   Schedule 4, new section 4.39 (1A)

   after the notes, insert

   (1A)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of a person who is a member of an appropriate council in another jurisdiction.

3. Deputies of members
   Schedule 4, new section 4.40 (1A)

   insert

   (1A)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of a person who is a member of an appropriate council in another jurisdiction.

Part 7Crimes Act 1900

1. Trial for murder—provocation
   New section 13 (2) (b) (iii)

   insert

   (iii)as to have formed an intent to cause serious harm to the deceased;

2. New section 13 (7)

   insert

   (7)In this section:

   serious harm—see the Criminal Code, dictionary.

Part 8Crimes (Sentence Administration) Act 2005

1. Victims register—young offenders
   Section 215A (6)

   omit

2. Disclosures to registered victims—young offenders
   Section 216A (5), definition of director-general

   omit

Part 9Guardianship and Management of Property Act 1991

1. ACAT directions etc for enduring powers of attorney
   Section 62 (1)

   omit

   if the principal has impaired decision-making capacity

2. Section 62 (4) and (5)

   substitute

   (4)If the ACAT revokes an enduring power of attorney and the person who was the principal for the power has impaired decision‑making capacity, the ACAT may appoint a guardian or manager for the person.

   (5)If the ACAT suspends an enduring power of attorney and the person who was the principal for the power has impaired decision‑making capacity, the ACAT may appoint a guardian or manager for the person for the period of the suspension.

3. Request for accounts—enduring powers of attorney
   Section 64 (1)

   omit

4. Section 64 (2)

   omit

   the enduring

   substitute

   an enduring

Part 10Legal Profession Act 2006

1. Suitability matters
   New section 11 (1) (ba)

   insert

   (ba)whether the person is, or was, a legal practitioner director of an incorporated legal practice while the practice is or was a Chapter 5 body corporate;

2. External administration proceedings under Corporations Act
   Section 125 (6)

   omit

3. Register of disciplinary action
   New section 448 (2A)

   insert

   (2A)However, if a person named in the register dies, the relevant council must remove from the register all the information about the person mentioned in subsection (2).

4. Dictionary, new definition of Chapter 5 body corporate

   insert

   Chapter 5 body corporate—see the Corporations Act, section 9.

5. Dictionary, definition of show-cause event, new paragraph (aa)

   insert

   (aa)if the person is a legal practitioner director of an incorporated legal practice—the incorporated legal practice becoming a Chapter 5 body corporate; or

Part 11Legislation Act 2001

1. Making of certain statutory instruments by Executive
   Section 41 (2) (b)

   substitute

   (b)the signing Ministers include the Chief Minister and the responsible Minister.

2. Section 41 (4)

   substitute

   (4)If the Chief Minister or responsible Minister cannot sign because that Minister is absent from the ACT, ill or on leave, the signing Ministers need not include that Minister.

3. Exercise of functions of Executive
   Section 253 (3)

   substitute

   (3)Despite subsection (1), a statutory instrument (other than a subordinate law or disallowable instrument) to be made by the Executive must be signed by the Chief Minister and 1 or more other Ministers who are members of the Executive.

Part 12Lotteries Act 1964

1. Determination of fees
   Section 18A (1)

   omit

   commission

   substitute

   Minister

Part 13Mental Health Act 2015

1. Removing person from affected person register
   Section 133 (3)

   substitute

   (3)However, before the director‑general removes a person’s information from the register under subsection (2), the director‑general must give the person written notice of their intention to remove the information.

   NoteThe director-general may delegate the function under this section, for example, to the Victims of Crime Commissioner (see Public Sector Management Act 1994, s 20).

2. Section 133 (4)

   omit

   or the victims of crime commissioner

Part 14Powers of Attorney Act 2006

1. Keeping records—enduring powers of attorney
   Section 47 (1)

   omit

   , while the principal has impaired decision-making capacity,

2. Section 47 (2) to (4)

   omit

3. Keeping property separate—enduring powers of attorney
   Section 48 (1)

   omit

   , while the principal has impaired decision-making capacity,

4. Section 48 (1A), (3) and (4)

   omit

Part 15Public Sector Management Act 1994

1. Ministerial responsibility and functions of administrative units
   Section 14 (4)

   substitute

   (4)Subsection (3) is subject to the Legislation Act, section 41 (Making of certain statutory instruments by Executive) and section 253 (Exercise of functions of Executive).

Part 16Public Trustee and Guardian Act 1985

1. Wills
   Section 22 (2) and (3)

   substitute

   (2)The public trustee and guardian may accept a will for deposit with the public trustee and guardian, whether or not the public trustee and guardian is appointed as an executor of the will.

2. Public trustee and guardian may require information or documents
   Section 66 (1)

   omit

   (other than an individual)

3. Section 66 (1A), (3) and (4)

   omit

Part 17Residential Tenancies Act 1997

1. Certain types of agreements not occupancy agreements
   New section 71CA (da)

   insert

   (da)entered into by a person who is also a party to a related agreement entered into honestly for the sale or purchase of the premises;

2. Standard residential tenancy terms
   Schedule 1, clause 13 (1)

   omit

   commissioner for fair trading

   substitute

   director‑general

Part 18Retirement Villages Regulation 2013

1. Sections 35, 36 and 37 headings

   substitute

2. Matters to be dealt with in proposed annual budget—Act, s 159 (5) (a)

3. Matters not to be financed by way of recurrent charges—Act, s 159 (5) (b)

4. Notice accompanying proposed annual budget—Act, s 159 (6) (d)

Part 19Security Industry Regulation 2003

1. Exempt people—Act, s 9
   Section 6 (1) (k)

   omit

   Casino Control Act 1988

   substitute

   Casino Control Act 2006

Part 20Wills Act 1968

1. Section 31C

   substitute

31CBeneficiary not surviving deceased person

(1)This section applies if—

(a)either—

(i)a deceased person, by will, devises or bequeaths property to, appoints property in favour of, or gives the power to appoint property to, a person; or

(ii)a person is entitled to take an interest in the estate of a deceased person on intestacy; and

(b)the person does not survive the deceased person by 30 days.

(2)The person is taken to have predeceased the deceased person and the devise, bequest, appointment, power or entitlement lapses, unless the contrary intention appears from the will, or from evidence admitted under section 12B.

(3)However, subsection (2) does not apply if the effect of the subsection is that the deceased person’s estate would pass to the Territory under the Administration and Probate Act 1929, section 49CA (How distribution to the Territory is made).

(4)A general requirement or condition in a will that a beneficiary survive the testator must not be taken to be an expression of a contrary intention for this section.

(5)For subsection (1) (a) (ii), person includes a person conceived before, but born after, the deceased person’s death.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 3 December 2020.

2. Notification

   Notified under the Legislation Act on 19 February 2021.

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 2021, which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2020 and was passed by the Legislative Assembly on 11 February 2021.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2021