Justice and Community Safety Legislation Amendment Act 2023 (ACT)

Case

Justice and Community Safety Legislation Amendment Act 2023

A2023-13

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  2

Part 2Agents Act 2003

5            Land auctioneers must be licensedSection 21 (2) and (4)  3

6            Displacement of Corporations legislationSection 175 (1), note  3

7           Experienced property agents who elect to become class 1 licensed property agentSection 231 (3)  3

8            New sections 237A to 237C  4

Part 3Evidence (Miscellaneous Provisions) Act 1991

9            Special requirements—particular proceedingsTables 43.1 and 43.2, items 1 and 2, column 3  6

10          Section 69 heading  6

11          Section 69 (1) and (2)  6

12          Section 69 (3)  7

13          Section 69 (7), definition of related proceeding  7

Part 4Guardianship and Management of Property Act 1991

14          Health attorney may give consentSection 32D (4)  8

15          Health professional must give information to health attorneyNew section 32G (2) and (3)  8

Part 5Justices of the Peace Act 1989

16          When does a person stop being a justice of the peace?Section 3B (2)  9

17          New section 8  9

Part 6Land Titles Act 1925

18          Registrar‑general must give information about certain transactions and instruments to revenue commissionerSection 178B (2) (k)  11

Part 7Land Titles Regulation 2015

19          Sections 1A and 3 etc  12

Part 8Liquor Act 2010

20          Membership of liquor advisory boardNew section 216 (1) (ca)  13

21          Section 216 (1) (d) (i)  13

22          New part 25  13

Part 9Powers of Attorney Act 2006

23          Definitions—pt 4.3ASection 41A (1), definition of low‑risk research  15

24          Section 41A (2), new definitions  16

Part 10Security Industry Act 2003

25          Immediate suspension of licenceSection 29B (4)  17

26          Section 29B (4), new note  17

Justice and Community Safety Legislation Amendment Act 2023

A2023-13

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 2023.

  2. 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)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Agents Act 2003

    ·     Evidence (Miscellaneous Provisions) Act 1991

    ·     Guardianship and Management of Property Act 1991

    ·     Justices of the Peace Act 1989

    ·     Land Titles Act 1925

    ·     Land Titles Regulation 2015

    ·     Liquor Act 2010

    ·     Powers of Attorney Act 2006

    ·     Security Industry Act 2003.

  4. Legislation repealed

    The Agents (Transitional Provisions) Regulation 2022 (SL2022‑9) is repealed.

Part 2Agents Act 2003

  1. Land auctioneers must be licensed
    Section 21 (2) and (4)

    omit

  2. Displacement of Corporations legislation
    Section 175 (1), note

    omit

    Investment

    substitute

    Investments

  3. Experienced property agents who elect to become class 1 licensed property agent
    Section 231 (3)

    omit

    on or before 30 June 2024

    substitute

    before 1 July 2024

  4. New sections 237A to 237C

    insert

237AOffence against s 21 (1) (b) (i)—exception for licensed real estate, stock and station agents

(1)This section applies to a person who—

(a)because of section 229, is 1 or both of the following:

(i)a class 2 licensed real estate agent;

(ii)a class 2 licensed stock and station agent; or

(b)because of section 230, or an election under section 231 (2), is 1 or both of the following:

(i)a class 1 licensed real estate agent;

(ii)a class 1 licensed stock and station agent.

(2)Section 21 (1) (b) (i) does not apply to the person before 1 July 2024.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (1) (see Criminal Code, s 58).

237BOffence against s 21 (1) (b) (i)—exception for registered assistant real estate, stock and station agents

(1)This section applies to a person who, because of section 234, is 1 or both of the following:

(a)a registered assistant real estate agent;

(b)a registered assistant stock and station agent.

(2)Section 21 (1) (b) (i) does not apply to the person before 1 July 2023.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (1) (see Criminal Code, s 58).

237CClass 1 licensed property agents—equivalent additional class 1 training

(1)The commissioner for fair trading may decide that a higher qualification, equivalent qualification or substantially equivalent qualification, including a qualification completed before 1 July 2022, satisfies the additional class 1 training required to be completed under section 230 (3) or section 231 (3).

(2)This section expires on 30 June 2024.

Part 3Evidence (Miscellaneous Provisions) Act 1991

  1. Special requirements—particular proceedings
    Tables 43.1 and 43.2, items 1 and 2, column 3

    omit

    s 69 (Recording evidence given by audiovisual link)

    substitute

    s 69 (Recording evidence given by audiovisual link or in courtroom)

  2. Section 69 heading

    substitute

  3. Recording evidence given by audiovisual link or in courtroom

  4. Section 69 (1) and (2)

    substitute

    (1)This section applies if a witness gives evidence in a relevant proceeding under section 68—

    (a)by audiovisual link; or

    (b)in the courtroom under an order made by the court under section 68 (2).

    (2)The evidence given by the witness must be recorded as an audiovisual recording.

    (2A)However, unless the court otherwise orders, evidence given in the courtroom may be recorded only if the witness consents.

    (2B)In deciding whether to make an order under subsection (2A), the court must consider the wishes of the witness.

  5. Section 69 (3)

    omit

    The recording

    substitute

    A recording of evidence given by a witness in a relevant proceeding under section 68 (whether by audiovisual link or in the courtroom)

  6. Section 69 (7), definition of related proceeding

    omit

    by audiovisual link

Part 4Guardianship and Management of Property Act 1991

  1. Health attorney may give consent
    Section 32D (4)

    after

    information

    insert

    and access to an independent doctor

  2. Health professional must give information to health attorney
    New section 32G (2) and (3)

    after the note, insert

    (2)Also, if a health professional asks a health attorney to consent to a protected person participating in low‑risk research that is part of a clinical trial, the health professional must give the health attorney access to an independent doctor to provide further information and answer any questions the health attorney has about the clinical trial.

    (3)In this section:

    independent doctor, in relation to low‑risk research that is part of a clinical trial, means a doctor who is not involved in, or connected to, the research, other than in having a professional interest in the area of the research.

Part 5Justices of the Peace Act 1989

  1. When does a person stop being a justice of the peace?
    Section 3B (2)

    omit

    member’s functions

    substitute

    person’s functions as a justice of the peace

  2. New section 8

    insert

  3. Permission to use retirement title

    (1)A person may, in writing, apply to the commissioner for fair trading for permission to use the title “JP (Retired)” (the retirement title) after the person’s name if—

    (a)the person’s appointment as a justice of the peace has ended; and

    (b)the person was appointed as a justice of the peace for at least 10 years in total.

    (2)The commissioner for fair trading must not give permission to use the retirement title unless satisfied that the person is of good character and standing in the ACT community.

    (3)The commissioner for fair trading may, in writing, withdraw permission to use the retirement title if—

    (a)the commissioner is no longer satisfied the person is of good character and standing in the ACT community; or

    (b)the person notifies the commissioner, in writing, that the person no longer wishes to use the title.

    (4)Permission to use the retirement title does not authorise a person to exercise any function of a justice of the peace.

    (5)The commissioner for fair trading may make guidelines in relation to the use of the retirement title.

    (6)A guideline is a notifiable instrument.

    NoteThe commissioner for fair trading may delegate the commissioner’s functions under this section to a public servant (see Fair Trading (Australian Consumer Law) Act 1992, s 34).

Part 6Land Titles Act 1925

  1. Registrar‑general must give information about certain transactions and instruments to revenue commissioner
    Section 178B (2) (k)

    substitute

    (k)the kind of documents used to verify the purchaser’s identity in accordance with the verification of identity rules as in force at the time of verification;

Part 7Land Titles Regulation 2015

  1. Sections 1A and 3 etc

    omit

    ·     sections 1A and 3

    ·     schedule 1

    ·     dictionary

Part 8Liquor Act 2010

  1. Membership of liquor advisory board
    New section 216 (1) (ca)

    insert

    (ca)a police officer nominated, in writing, by the chief police officer; and

  2. Section 216 (1) (d) (i)

    omit

  3. New part 25

    insert

Part 25Transitional—Justice and Community Safety Legislation Amendment Act 2023

  1. Liquor advisory board—existing Australian Federal Police member

    (1)Until the chief police officer makes a nomination under section 216 (1) (ca) (the new provision), the member of the liquor advisory board under section 216 (1) (d) (i), as in force immediately before the commencement day, is taken to be the member of the board nominated under the new provision.

    (2)In this section:

    commencement day means the day the Justice and Community Safety Legislation Amendment Act 2023, part 8 commences.

  2. Expiry—pt 25

    This part expires 12 months after the day it commences.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 9Powers of Attorney Act 2006

  1. Definitions—pt 4.3A
    Section 41A (1), definition of low‑risk research

    substitute

    low‑risk research, in relation to a person—

    (a)means research carried out for medical or health purposes that—

    (i)poses no foreseeable risk of harm to the person, other than any harm usually associated with the person’s condition; and

    (ii)does not change the treatment appropriate for the person’s condition; but

    (b)does not include research that is part of a clinical trial, unless the trial is evaluating only the following:

    (i)a therapeutic good that is included in the Australian Register of Therapeutic Goods (other than the part of the Register for goods known as provisionally registered goods);

    (ii)a health care procedure, process or technique supported by a substantial number of practitioners in the relevant field of health care.

    Examples

    1     a comparative assessment of the effects of different methods of drug administration proven to be beneficial in the treatment of a condition (such as a continuous infusion as opposed to a once‑a‑day administration)

    2     a comparative assessment of the angle at which to set a tilt bed to best assist a person’s breathing

    3     research comparing the effectiveness of paracetamol and ibuprofen during routine health care

  2. Section 41A (2), new definitions

    insert

    Australian Register of Therapeutic Goods means the register maintained under the Therapeutic Goods Act 1989 (Cwlth), section 9A.

    NoteThe Australian Register of Therapeutic Goods can be accessed at goods—see the Therapeutic Goods Act 1989 (Cwlth), section 3.

Part 10Security Industry Act 2003

  1. Immediate suspension of licence
    Section 29B (4)

    omit

    30 days

    substitute

    60 days

  2. Section 29B (4), new note

    insert

    NoteThe ACAT may make interim orders extending the suspension of a licence (see ACT Civil and Administrative Tribunal Act 2008, s 53).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 24 November 2022.

  2. Notification

    Notified under the Legislation Act on 11 April 2023.

  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 2023, which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2022 (No 2) and was passed by the Assembly on 30 March 2023.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2023

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