Justice and Community Safety Legislation Amendment Act 2023 (No 3) (ACT)

Justice and Community Safety Legislation Amendment Act 2023 (No 3)

A2023-57

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  3

4            Legislation repealed  3

Part 2ACT Civil and Administrative Tribunal Act 2008

5            Approved formsSection 117 (3) and note  4

Part 3Administration and Probate Act 1929

6            Interpretation for pt 3ASection 44, definition of personal chattels  5

7           New section 49DA  5

8            Section 64  6

9            People entitled to inspect will of deceased personSection 126 (3), definition of interested person, new paragraph (j)          7

10          New section 129  7

Part 4Associations Incorporation Act 1991

11Offences against Act—application of Criminal Code etc
Section 3A, note 1, new dot point  8

12          Sections 79 and 80  8

13          Cancellation of incorporationSection 93 (1) (e) and (f)  9

14          Section 93 (3) (e)  9

15          New section 93 (9)  10

16          Dictionary, definition of annual return  10

Part 5Casino Control Act 2006

17          Dictionary, definition of financial year  11

Part 6Discrimination Act 1991

18          Religious bodiesNew section 32 (1) (ea)  12

Part 7Domestic Violence Agencies Act 1986

19          New section 19  13

Part 8Family Provision Act 1969

20          EligibilitySection 7 (3) (b)  14

Part 9Freedom of Information Act 2016

21          Section 68  15

Part 10Human Rights Commission Act 2005

22          Commission’s obligation to be prompt and efficientNew section 45 (5)  16

23          Consideration without complaint or appropriate complainantSection 48 (2)  16

24          Section 51A heading  16

25          New section 51B  17

26          Referral to appropriate statutory office-holderSection 52A (4)  17

27          Dealing with vulnerable person complaintsSection 52B (2) (b)  17

28          Commission-initiated reportsSection 84 (1), new example  18

Part 11Justices of the Peace Act 1989

29          New section 9  19

Part 12Land Titles Act 1925

30          Crown grants and certain Crown leases under ActSection 17 (1)  20

31          Section 17 (2) and note  20

32          Section 17 (3)  20

33          Sections 20 and 35  20

Part 13Legal Profession Act 2006

34          Approved forms—councilsSection 587 (3) and note  21

Part 14Residential Tenancies Act 1997

35          Terms included in residential tenancies agreementsSection 8 (1) (c)  22

36          Section 8 (4), definition of temporary housing assistance termination clause 22

37          Lessor’s obligationsNew section 12 (3) (ha)  22

38          Payment of bond money into trust accountSection 27 (2)  23

39          No breach of standard residential tenancy termsSection 47 (6)  23

40          New section 163A  24

41          Standard residential tenancy termsSchedule 1, clause 98  24

42          Schedule 2, new clause 106A  25

43          Schedule 2, clause 107 (1) to (3)  27

44          Dictionary, definition of defective termination notice, paragraph (c), new note   28

Part 15Residential Tenancies Regulation 1998

45          Section 5A  29

Part 16Supreme Court Act 1933

46          Vexatious litigantsSection 67A (3) and (4)  30

47          Section 67A (10) and note  30

Part 17Trustee Act 1925

48          Distribution after noticeSection 60 (2)  31

Part 18Unit Titles (Management) Act 2011

49          Notice of reduced quorum decisions and adjournmentsSchedule 3, section 3.10 (1)  32

50          New section 3.10 (1A)  32

Part 19Wills Act 1968

51          Court may authorise will to be made, altered or revoked for person without testamentary capacitySection 16A (6)  33

52          Retention of willSection 16G (1)  33

53          Section 16G (2)  33

54          Sections 32 to 34  34

55          New section 36  35

56          Dictionary, note 2  35

Schedule 1 Technical amendments  36

Part 1.1    ACT Civil and Administrative Tribunal Act 2008             36

Part 1.2    Electoral Act 1992  37

Part 1.3    Human Rights Commission Act 2005  38

Part 1.4    Information Privacy Regulation 2014  39

Part 1.5    Land Titles Act 1925  40

Part 1.6    Legal Profession Act 2006  40

Part 1.7    Unit Titles (Management) Act 2011  41

Justice and Community Safety Legislation Amendment Act 2023 (No 3)

A2023-57

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 (No 3).

2. Commencement

   (1)This Act (other than the following provisions) commences on the day after this Act’s notification day:

   ·     part 6

   ·     section 54

   ·     schedule 1, part 1.7.

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

   (2)Part 6 commences immediately after the commencement of the Discrimination Amendment Act 2023, section 9.

   (3)Section 54 commences on a day fixed by the Minister by written notice.

   NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   (4)If section 54 has not commenced within 18 months beginning on this Act’s notification day, it automatically commences on the first day after that period.

   (5)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to section 54.

   (6)Schedule 1, part 1.7 commences on the later of—

   (a)the commencement of the Planning (Consequential Amendments) Act 2023, schedule 1, part 1.40; and

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

3. Legislation amended

   This Act amends the legislation mentioned in parts 2 to 19.

   NoteThis Act also amends other legislation (see sch 1).

4. Legislation repealed

   All notifiable instruments made under the following provisions are repealed:

   ·     the ACT Civil and Administrative Tribunal Act 2008, section 117

   ·     the Legal Profession Act 2006, section 587.

Part 2ACT Civil and Administrative Tribunal Act 2008

1. Approved forms
   Section 117 (3) and note

   omit

Part 3Administration and Probate Act 1929

1. Interpretation for pt 3A
   Section 44, definition of personal chattels

   substitute

   personal chattels, in relation to an intestate, means the tangible personal property of the intestate, other than the following:

   (a)property used exclusively for a business purpose;

   (b)banknotes or coins, unless they are part of a collection made in pursuit of a hobby or another non-commercial purpose;

   (c)property held as a security;

   (d)property in which the intestate invested as a hedge against inflation or adverse currency movements, such as gold bullion or uncut diamonds;

   (e)an interest in land.

2. New section 49DA

   insert

49DAEffect of disclaimer or forfeiture

(1)This section applies if a person would be entitled to take an interest in an intestate estate but either—

(a)disclaims the interest; or

(b)is precluded by the forfeiture rule from obtaining the interest.

(2)The person is taken to have died before the deceased person.

(3)In this section:

forfeiture rule—see the Forfeiture Act 1991, dictionary.

1. Section 64

   substitute

2. Notice before distribution of assets

   (1)An executor or administrator of a deceased person’s estate may give public notice before distributing the assets of the estate.

   Note 1Public notice may be given before making a distribution under the following provisions:

   (a)the Family Provision Act 1969, s 21 (Protection of administrator);

   (b)the Trustee Act 1925, s 60 (Distribution after notice).

   Note 2If a form is approved for a particular purpose under the Court Procedures Act 2004, s 8 the form must be used for that purpose.

   (2)The public notice must state that—

   (a)a creditor or anyone else may give the executor or administrator their claim against the estate within the period stated in the notice, being at least 1 month after the notice is given; and

   (b)the executor or administrator intends to distribute the estate after the later of the following:

   (i)the end of the period stated in the notice;

   (ii)6 months after the day probate or administration was granted; and

   (c)the executor or administrator will only consider claims that are given to the executor or administrator when distributing the estate.

   (3)The executor or administrator must consider each claim given within the period stated in the notice.

   (4)The executor or administrator is not liable to any person for any distributed assets if the executor or administrator—

   (a)gave notice under subsection (1); and

   (b)did not have notice of the person’s claim when the distribution was made.

3. People entitled to inspect will of deceased person
   Section 126 (3), definition of interested person, new paragraph (j)

   insert

   (j)a person prescribed by regulation.

4. New section 129

   insert

5. Regulation-making power

   The Executive may make regulations for this Act.

Part 4Associations Incorporation Act 1991

1. Offences against Act—application of Criminal Code etc
   Section 3A, note 1, new dot point

   insert

   ·     s 79 (Registrar-general’s power to require statements and reports)

2. Sections 79 and 80

   substitute

3. Registrar-general’s power to require statements and reports

   (1)The registrar-general may, by written notice, require an incorporated association to lodge with the registrar‑general any of the following documents of the incorporated association, in relation to a financial year that ended within the last 7 years:

   (a)a statement of the association’s accounts prepared under section 72;

   (b)a copy of a reviewer’s report under section 75;

   (c)a copy of an auditor’s report under section 75 or section 76;

   (d)a compliance statement;

   (e)a prescribed document.

   (2)An association must lodge any documents requested within 2 weeks after the date of the notice, or any longer period allowed by the registrar‑general.

   (3)An incorporated association commits an offence if it does not comply with the notice.

   Maximum penalty:  2 penalty units.

   (4)In this section:

   compliance statement means a statement signed by 2 members of the committee of the association certifying whether the provisions of this Act that apply to the association in relation to the financial year have, to the best of the members’ knowledge at the time of lodging the statement, been complied with for—

   (i)the preparation of the annual statement of the association’s accounts; and

   (ii)the reviewing or auditing of the accounts and the presentation of the required statement at the annual general meeting.

4. Cancellation of incorporation
   Section 93 (1) (e) and (f)

   substitute

   (e)has not lodged an annual accounts document as required by the registrar-general; or

   (f)has lodged annual accounts documents in relation to the last 3 years and for each year a reviewer or auditor, in the course of the reviewer’s or auditor’s duties to examine the association’s accounting records and other records, has stated that the reviewer or auditor is unable to determine if the association has been complying with this Act;

5. Section 93 (3) (e)

   substitute

   (e)has lodged any required annual accounts documents; and

   (f)if subsection (1) (f) applies—has taken reasonable steps to ensure future compliance with this Act.

6. New section 93 (9)

   insert

   (9)In this section:

   annual accounts document means a document mentioned in section 79 (1).

7. Dictionary, definition of annual return

   omit

Part 5Casino Control Act 2006

1. Dictionary, definition of financial year

   substitute

   financial year means—

   (a)the period prescribed by regulation; or

   (b)if no period is prescribed—12 months beginning on 1 July.

Part 6Discrimination Act 1991

1. Religious bodies
   New section 32 (1) (ea)

   insert

   (ea)the provision by the body of accommodation for members of a relevant class of people;

Part 7Domestic Violence Agencies Act 1986

1. New section 19

   insert

2. Regulation-making power

   The Executive may make regulations for this Act.

Part 8Family Provision Act 1969

1. Eligibility
   Section 7 (3) (b)

   substitute

   (b)a parent of the grandchild was alive on the day the deceased person died but the grandchild, immediately before the deceased person died—

   (i)was not maintained by a parent; and

   (ii)was maintained by the deceased person.

Part 9Freedom of Information Act 2016

1. Section 68

   substitute

2. Access to information for ombudsman review

   The ombudsman, in undertaking an ombudsman review, is entitled to full and free access at reasonable times to all relevant government information of the agency or Minister concerned, including information subject to legal professional privilege.

Part 10Human Rights Commission Act 2005

1. Commission’s obligation to be prompt and efficient
   New section 45 (5)

   insert

   (5)Also, for a commission-initiated consideration of a vulnerable person complaint, the commission—

   (a)for subsection (2) (b)—may tell the person who made the complaint orally; and

   (b)for subsection (2) (c), if the commission decides that it is not appropriate, because of the risk to the vulnerable person, to tell either the complainant or the person complained about—need not tell that person.

2. Consideration without complaint or appropriate complainant
   Section 48 (2)

   omit

   or victims rights complaint

   substitute

   , victims rights complaint or vulnerable person complaint

3. Section 51A heading

   substitute

51AReferral of advocacy matters—children and young people

1. New section 51B

   insert

51BReferral of advocacy matters—vulnerable people

(1)The disability and community services commissioner may, at any time, refer a vulnerable person complaint, or a matter that forms part of the complaint, to the public advocate for advocacy if satisfied it is appropriate.

(2)The disability and community services commissioner may continue to consider a complaint that has been referred, or part of which has been referred, for advocacy.

1. Referral to appropriate statutory office-holder
   Section 52A (4)

   substitute

   (4)To remove any doubt, this section is in addition to, and does not limit, section 51A (Referral of advocacy matters—children and young people) or section 51B (Referral of advocacy matters—vulnerable people).

2. Dealing with vulnerable person complaints
   Section 52B (2) (b)

   substitute

   (b)if it is not appropriate to obtain consent because of the seriousness of the complaint or the risk of harm to the vulnerable person; or

   (c)if the person is not capable of giving free or voluntary consent; or

   (d)if the commission cannot access the person to seek their consent.

3. Commission-initiated reports
   Section 84 (1), new example

   insert

   Example

   The commission gives a report about a vulnerable person complaint to the ACAT because it involves matters relevant to the ACAT’s power to, on its own initiative—

   (a)    hold a hearing to consider the appointment of a guardian or manager (see Guardianship and Management of Property Act 1991, s 19); or

   (b)    make an order about an enduring power of attorney (see that Act, s 62).

Part 11Justices of the Peace Act 1989

1. New section 9

   insert

2. Regulation-making power

   The Executive may make regulations for this Act.

Part 12Land Titles Act 1925

1. Crown grants and certain Crown leases under Act
   Section 17 (1)

   omit

   in duplicate

   substitute

   given to the registrar-general

2. Section 17 (2) and note

   substitute

   (2)On the registration of the grant, the registrar-general must tell the grantee, in writing, about the registration.

3. Section 17 (3)

   omit

   either part of

4. Sections 20 and 35

   omit

   duplicate or

Part 13Legal Profession Act 2006

1. Approved forms—councils
   Section 587 (3) and note

   omit

Part 14Residential Tenancies Act 1997

1. Terms included in residential tenancies agreements
   Section 8 (1) (c)

   omit

   clause

   substitute

   clauses

2. Section 8 (4), definition of temporary housing assistance termination clause

   substitute

   temporary housing assistance termination clauses means the clauses in schedule 2, section 2.5.

3. Lessor’s obligations
   New section 12 (3) (ha)

   insert

   (ha)if section 8 (1) (c) applies—a statement explaining that the lessor can terminate the agreement on 26 weeks notice if the tenant does not apply for ongoing housing assistance within 6 weeks after the start of the temporary housing assistance;

4. Payment of bond money into trust account
   Section 27 (2)

   omit

   section 34 or section 35 (2).

   substitute

   the following sections:

   (a)34A (3);

   (b)34B (2);

   (c)34C (2);

   (d)34D (2) and (3);

   (e)34E (2);

   (f)35 (5).

5. No breach of standard residential tenancy terms
   Section 47 (6)

   substitute

   (6)In this section:

   community housing provider termination clause means the clause in schedule 2, section 2.3.

   public housing termination clause means a clause in schedule 2, section 2.4.

   subsidised accommodation clause means a clause in schedule 2, section 2.6.

   temporary housing assistance termination clause means a clause in schedule 2, section 2.5.

6. New section 163A

   insert

163AFixed term agreement entered into before commencement day

(1)This section applies to a fixed term agreement entered into before the commencement day.

(2)Despite section 8 (1) (a) (i), the agreement does not include clause 94 and clause 95 of the standard residential tenancy terms as in force at any time before the commencement day.

(3)In this section:

commencement day—see section 163 (4).

1. Standard residential tenancy terms
   Schedule 1, clause 98

   substitute

2. (1)    At the commencement of the tenancy, the lessor and the tenant must each give—

   (a)an address for service of termination notices; and

   (b)an address for service of other notices.

   (2)If a person’s address for service changes during the tenancy, the person must tell the other party about the new address within 2 weeks of the change.

3. Schedule 2, new clause 106A

   after section 2.5 heading, insert

Termination if tenant does not apply for ongoing housing assistance

106A(1)    This clause applies if—

(a)the housing commissioner provides temporary housing assistance to the tenant under an approved housing assistance program because the tenant is a remaining occupant in the premises after a former tenant has stopped living in the premises because they—

(i)have died; or

(ii)are physically unable to live in the premises; or

(iii)are legally unable to live in the premises; or

(iv)no longer wish to live in the premises; and

(b)the tenant does not apply for ongoing housing assistance under an approved housing assistance program within 6 weeks after the start of the temporary housing assistance.

(2)The housing commissioner may give the tenant at least 26 weeks notice to vacate the premises.

(3)A notice to vacate given under subclause (2) must include the following information:

(a)a statement that the tenant did not apply for ongoing housing assistance under an approved housing assistance program;

(b)the name and contact details of a legal or advocacy service that may be able to provide the tenant with advice about the tenant’s legal rights;

(c)a statement that the notice will be withdrawn if the tenant applies for ongoing housing assistance before the end of the period stated in the notice.

(4)If the tenant applies for ongoing housing assistance under an approved housing assistance program before the end of the period in the notice given under subclause (2), the notice is taken to have been withdrawn.

(5)Subclause (6) applies if—

(a)the tenant applies for ongoing housing assistance under an approved housing assistance program before the end of the period in the notice given under subclause (2); and

(b)the housing commissioner decides that the tenant is not eligible for ongoing housing assistance under an approved housing assistance program.

(6)Despite clause 107, the housing commissioner may give the tenant notice to vacate the premises provided that the notice is for the later of—

(a)the end of the period in the notice given under subclause (2); and

(b)12 weeks after notice is given under this clause.

(7)If the housing commissioner gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the housing commissioner’s notice to vacate provided the tenant gives the housing commissioner—

(a)at least 2 weeks notice of the tenant’s intention to vacate; or

(b)in the last 2 weeks before the housing commissioner’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(8)The residential tenancy agreement terminates on the day the tenant vacates the premises.

1. Schedule 2, clause 107 (1) to (3)

   substitute

2. (1)    This clause applies if—

   (a)the housing commissioner provides temporary housing assistance to the tenant under an approved housing assistance program because the tenant is a remaining occupant in the premises after a former tenant has stopped living in the premises because they—

   (i)have died; or

   (ii)are physically unable to live in the premises; or

   (iii)are legally unable to live in the premises; or

   (iv)no longer wish to live in the premises; and

   (b)the housing commissioner decides that the tenant is not eligible for ongoing housing assistance under an approved housing assistance program.

   (2)The housing commissioner may give the tenant—

   (a)if the housing commissioner makes the decision before the tenant’s temporary housing assistance ends—at least 26 weeks notice to vacate the premises; or

   (b)if the housing commissioner makes the decision after the tenant’s temporary housing assistance ends—at least 12 weeks notice to vacate the premises.

   (3)If the housing commissioner gives the tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the housing commissioner’s notice to vacate provided the tenant gives the housing commissioner—

   (a)at least 2 weeks notice of the tenant’s intention to vacate; or

   (b)in the last 2 weeks before the housing commissioner’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

3. Dictionary, definition of defective termination notice, paragraph (c), new note

   insert

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act (see Legislation Act, s 104).

Part 15Residential Tenancies Regulation 1998

1. Section 5A

   substitute

5ARental increase threshold—Act, s 64B and s 68

(1)The prescribed amount is worked out as follows:

(2)In this section:

current index number means the most recently published index number when the lessor gives the tenant notice of the proposed rental rate increase.

index number means the rents subgroup of the housing group of the Consumer Price Index for Canberra published from time to time by the Australian statistician.

initial index number means the most recently published index number on—

(a)the day the residential tenancy agreement began; or

(b)if the rental rate has been increased previously—the day the lessor gave the notice for that increase.

Part 16Supreme Court Act 1933

1. Vexatious litigants
   Section 67A (3) and (4)

   omit

2. Section 67A (10) and note

   substitute

   (10)Subject to any order of the court, a declaration, or a variation or revocation of a declaration, is a notifiable instrument.

   NotePower to make a notifiable instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Part 17Trustee Act 1925

1. Distribution after notice
   Section 60 (2)

   omit

   would, in a special case, be necessary, in order to comply with

   substitute

   may be given under

Part 18Unit Titles (Management) Act 2011

1. Notice of reduced quorum decisions and adjournments
   Schedule 3, section 3.10 (1)

   omit

   7 days

   substitute

   14 days

2. New section 3.10 (1A)

   after the note, insert

   (1A)A reduced quorum decision notice is taken to be given—

   (a)if sent by prepaid post or email—when it is sent; and

   (b)if placed in the letterbox for mail for an occupier who is a member of the corporation—when it is placed in the letterbox.

Part 19Wills Act 1968

1. Court may authorise will to be made, altered or revoked for person without testamentary capacity
   Section 16A (6)

   omit

   under section 32

2. Retention of will
   Section 16G (1)

   omit

   Despite section 32 (4), a will

   substitute

   A will

3. Section 16G (2)

   substitute

   (2)If the registrar is given a copy of an order made under section 16A authorising the revocation of the whole of a will, the registrar must—

   (a)keep records of the particulars of the order; and

   (b)with the permission of a judge, destroy the will.

4. Sections 32 to 34

   substitute

5. Wills deposited with registrar

   (1)This section applies to a will deposited in the office of the registrar.

   (2)The registrar may do any of the following:

   (a)deposit the will with the public trustee and guardian;

   (b)give the public trustee and guardian identifying information about the will;

   (c)if satisfied that the whole of the estate has been distributed, and with the permission of a judge—destroy the will.

   (3)The registrar must keep records of the following:

   (a)any will deposited with the public trustee and guardian, including the date it was deposited;

   (b)any will given to a person, including the date and person to whom it was given;

   (c)any will destroyed, including the date of destruction.

   (4)In this section:

   identifying information, about a will, means information about the testator or will that the public trustee and guardian uses to maintain its register of legal records.

   register of legal records, of the public trustee and guardian, means a register kept under the Public Trustee and Guardian Act 1985, section 23A.

6. New section 36

   insert

7. Transfer of wills deposited with registrar

   (1)This section applies to a will deposited in the office of the registrar.

   (2)The registrar may deposit the will with the public trustee and guardian.

   (3)The registrar may give the public trustee and guardian identifying information about the will.

   (4)This section expires when the Justice and Community Safety Legislation Amendment Act 2023 (No 3), section 54 commences.

   NoteThe expiry takes effect at the beginning of the day (see Legislation Act, s 85 (2)).

   (5)In this section:

   identifying information, about a will, means information about the testator or will that the public trustee and guardian uses to maintain its register of legal records.

   register of legal records, of the public trustee and guardian, means a register kept under the Public Trustee and Guardian Act 1985, section 23A.

8. Dictionary, note 2

   insert

   ·     judge

Schedule 1Technical amendments

(see s 3)

Part 1.1ACT Civil and Administrative Tribunal Act 2008

[1.1]Section 16 (2), note 2

omit

Federal Circuit Court

substitute

Federal Circuit and Family Court of Australia (Division 2)

Explanatory note

This amendment updates a reference. The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Cwlth), schedule 2 item 372 amended the Fair Work Act 2009 (Cwlth), section 539 to update the name of the court.

[1.2]Section 55A (3)

omit

agreement

substitute

agreement.

Explanatory note

This amendment inserts a missing full stop at the end of subsection (3).

[1.3]Section 82A (4), note 2

omit

Federal Circuit Court

substitute

Federal Circuit and Family Court of Australia (Division 2)

Explanatory note

This amendment updates a reference. The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Cwlth), schedule 2 item 372 amended the Fair Work Act 2009 (Cwlth), section 539 to update the name of the court.

Part 1.2Electoral Act 1992

[1.4]Section 103 (5) (a) (ii)

substitute

(ii)the Criminal Code (Cwlth), section 83.4 (Interference with political rights and duties); or

Explanatory note

This amendment updates a reference. The Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty) was repealed by the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cwlth), schedule 1 item 43 and was replaced by that Act, schedule 1 item 8 inserting section 83.4 into the Criminal Code (Cwlth).

[1.5]Section 250, definition of undue influence

omit

Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty)

substitute

Criminal Code (Cwlth), section 83.4 (Interference with political rights and duties)

Explanatory note

This amendment updates a reference. The Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty) was repealed by the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cwlth), schedule 1 item 43 and was replaced by that Act, schedule 1 item 8 inserting section 83.4 into the Criminal Code (Cwlth).

Part 1.3Human Rights Commission Act 2005

[1.6]Section 27C (1) (b), note

omit

Victims of Crime (Financial Assistance) Act 1983

substitute

Victims of Crime (Financial Assistance) Act 2016

Explanatory note

This amendment updates a reference.

[1.7]Section 40 (b) (vi)

omit

section 11 (Disability service standards)

substitute

section 5A (Approval of standards)

Explanatory note

This amendment updates the reference in this paragraph to the Minister’s power to approve standards for the Disability Services Act 1991. That power was moved from section 11 of that Act to section 5A by the Disability Services (Disability Service Providers) Amendment Act 2014, sections 5 and 13.

[1.8]Dictionary, definition of related Act, paragraph (h)

substitute

(h)Victims of Crime (Financial Assistance) Act 2016.

Explanatory note

This amendment updates the reference from the Victims of Crime (Financial Assistance) Act 1983 (repealed) to the current Victims of Crime (Financial Assistance) Act 2016.

Part 1.4Information Privacy Regulation 2014

[1.9]Section 6 (1) (a)

substitute

(a)the administrative unit responsible for administering the asbestos response taskforce;

Explanatory note

This amendment updates the reference to the directorate whose name has been changed. The new reference to the administrative unit means the reference remains accurate into the future.

Part 1.5Land Titles Act 1925

[1.10]Section 51 (2)

omit

Stamp Duties and Taxes Act 1987, section 17 (1) (a), (b), (c), (ca) or (d)

substitute

Stamp Duties and Taxes Act 1987 (repealed), section 17 (1) (a), (b), (ca), (c) or (d)

Explanatory note

This amendment corrects the order of paragraphs referred to, as paragraph (ca) precedes paragraph (c) in the Stamp Duties and Taxes Act 1987 (repealed). It also updates the citation of that Act to reflect that it is repealed.

Part 1.6Legal Profession Act 2006

[1.11]Section 390 (8), definition of judicial officer

omit

section 3

substitute

dictionary

Explanatory note

This amendment corrects a cross-reference.

Part 1.7Unit Titles (Management) Act 2011

[1.12]Section 33B (1)

omit

Planning and land authority

substitute

Territory planning authority

Explanatory note

This amendment updates the reference to the heading of the Land Titles Act 1925, section 123I as proposed to be amended when the Planning Act 2023 commences (see Planning (Consequential Amendments) Act 2023).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 21 September 2023.

2. Notification

   Notified under the Legislation Act on 11 December 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 (No 3), which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2023 (No 2) and was passed by the Assembly on 30 November 2023.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2023