Transport Canberra and City Services Legislation Amendment Act 2023 (ACT)

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Transport Canberra and City Services Legislation Amendment Act 2023

A2023-27

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Cemeteries and Crematoria Act 2020

4            Burial at cemetery—applicationSection 17 (7) (c) and (d)  3

5            New section 17 (9)  3

6            Cremation—applicationSection 22 (6) (b) and (c)  3

7           New section 22 (8)  4

8            Offence—collection of cremated remainsTable 25, item 3, column 3  4

9            Register—burial, cremation, interment etcSection 63 (3) (d)  4

10          New section 63A  4

11          Offences—keeping registersSection 64 (1) (b) (ii)  5

12          Section 64 (2) (c) (i)  5

13          New section 64 (2A)  5

14          New sections 118A and 118B  6

15          DictionaryNew definition of chief executive officer  6

Part 3Litter Act 2004

16          LitteringSection 8 (6) (d)  7

17          Aggravated litteringSection 9 (4) (c) (ii)  7

18          Dumping litterSection 9A (7) (d)  7

19          Dumping litter—strict liabilitySection 9B (6) (d)  8

20          Offences about vehicle loadsSection 11 (2) (b)  8

Part 4Plastic Reduction Act 2021

21          Meaning of prohibited plastic productSection 7 (2), definition of compostable  9

22          Details of search warrant to be given to occupier etcSection 37 (a) (ii)  9

Part 5Veterinary Practice Act 2018

23          Board membershipSection 93 (4)  10

24          Quorum at board meetingsNew section 100 (2)  10

Part 6Veterinary Practice Regulation 2018

25          New section 5A  11

26          Restricted acts of veterinary scienceSchedule 1, part 1.2, item 15, column 2  11

27          Schedule 1, part 1.2, item 17, column 2  12

28          Schedule 1, part 1.2, item 18, column 2, new paragraph (aa)               12

29          Schedule 1, part 1.2, item 18, column 2, paragraph (g)  12

30          Schedule 1, part 1.2, new items 19 to 24  12

Schedule 1Magistrates Court (Litter Infringement Notices) Regulation 2004—Other amendment 13

Transport Canberra and City Services Legislation Amendment Act 2023

A2023-27

An Act to amend legislation about city services, 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 Transport Canberra and City Services Legislation Amendment Act 2023.

  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:

    ·     Cemeteries and Crematoria Act 2020

    ·     Litter Act 2004

    ·     Plastic Reduction Act 2021

    ·     Veterinary Practice Act 2018

    ·     Veterinary Practice Regulation 2018.

    NoteThis Act also amends the Magistrates Court (Litter Infringement Notices) Regulation 2004 (see sch 1).

Part 2Cemeteries and Crematoria Act 2020

  1. Burial at cemetery—application
    Section 17 (7) (c) and (d)

    substitute

    (c)tell the person, in writing, of the licensee’s agreement to the burial, including the day and time of the scheduled burial; and

    (d)allocate a unique identifying number for the burial; and

    (e)give the person the unique identifying number in writing.

  2. New section 17 (9)

    insert

    (9)If an undertaker or funeral director is acting for, or on behalf of, a person, information that must be given to the person under this section may instead be given to the undertaker or funeral director.

  3. Cremation—application
    Section 22 (6) (b) and (c)

    substitute

    (b)tell the person, in writing, of the licensee’s agreement to cremate the human remains, including the day of the scheduled cremation; and

    (c)allocate a unique identifying number for the cremation; and

    (d)give the person the unique identifying number in writing.

  4. New section 22 (8)

    insert

    (8)If an undertaker or funeral director is acting for, or on behalf of, a person, information that must be given to the person under this section may instead be given to the undertaker or funeral director.

  5. Offence—collection of cremated remains
    Table 25, item 3, column 3

    omit

    applicant and

    substitute

    applicant or

  6. Register—burial, cremation, interment etc
    Section 63 (3) (d)

    omit

  7. New section 63A

    insert

63ARegister—cremation collections

The licensee of a crematorium must keep a register that includes the following information in relation to cremated remains collected from the crematorium:

(a)the name and contact details of the person who collected the cremated remains;

(b)the relationship of the person who collected the cremated remains to the deceased person;

(c)whether all or some of the cremated remains of the deceased person were collected;

(d)the date the remains were collected.

  1. Offences—keeping registers
    Section 64 (1) (b) (ii)

    substitute

    (ii)section 63 (Register—burial, cremation, interment etc); or

    (iii)section 63A (Register—cremation collections); and

  2. Section 64 (2) (c) (i)

    substitute

    (i)in a secure electronic database; and

  3. New section 64 (2A)

    insert

    (2A)A person commits an offence if the person—

    (a)is the licensee of a facility; and

    (b)keeps a register under section 63A (Register—cremation collections); and

    (c)does not keep the register in a secure electronic database.

    Maximum penalty:  50 penalty units.

  4. New sections 118A and 118B

    insert

118AChief executive officer of authority

The chief executive officer of the authority must be a public servant.

NoteThe chief executive officer is appointed by the director‑general after consulting the authority board and the Minister (see Financial Management Act 1996, s 80 (3)).

118BAuthority’s staff

(1)The chief executive officer may employ staff for the authority on behalf of the Territory.

(2)The authority’s staff must be employed under the Public Sector Management Act 1994.

NoteThe Public Sector Management Act 1994, div 8.2 applies to the authority in relation to the employment of staff (see that Act, s 152).

  1. Dictionary
    New definition of chief executive officer

    insert

    chief executive officer means the chief executive officer of the authority.

Part 3Litter Act 2004

  1. Littering
    Section 8 (6) (d)

    after

    waste facility

    insert

    in accordance with the requirements for depositing litter at the landfill or facility

  2. Aggravated littering
    Section 9 (4) (c) (ii)

    after

    waste facility

    insert

    in accordance with the requirements for depositing litter at the landfill or facility

  3. Dumping litter
    Section 9A (7) (d)

    after

    waste facility

    insert

    in accordance with the requirements for dumping litter at the landfill or facility

  4. Dumping litter—strict liability
    Section 9B (6) (d)

    after

    waste facility

    insert

    in accordance with the requirements for dumping litter at the landfill or facility

  5. Offences about vehicle loads
    Section 11 (2) (b)

    after

    so that it

    insert

    (or any part of it)

Part 4Plastic Reduction Act 2021

  1. Meaning of prohibited plastic product
    Section 7 (2), definition of compostable

    omit

    bag

    substitute

    product

  2. Details of search warrant to be given to occupier etc
    Section 37 (a) (ii)

    omit

    section 34 (5)

    substitute

    section 35 (5)

Part 5Veterinary Practice Act 2018

  1. Board membership
    Section 93 (4)

    after

    must live in the ACT

    insert

    or surrounding region

  2. Quorum at board meetings
    New section 100 (2)

    insert

    (2)However, a quorum may still be formed if—

    (a)neither the president nor deputy president is present; and

    (b)at least 4 members are present; and

    (c)the members present agree to appoint a member to preside over the meeting.

    Examples—par (a)

    ·     both the president and deputy president are on leave

    ·     the president cannot be present because of a conflict of interest and the deputy president is on leave

Part 6Veterinary Practice Regulation 2018

  1. New section 5A

    in part 2, insert

5ATooth cleaning—Act, s 10 (4), def prescribed circumstance

Carrying out tooth cleaning on an animal other than a horse if—

(a)the cleaning is done by a person who holds a Certificate IV in Veterinary Nursing; and

(b)the animal is anaesthetised during the cleaning.

  1. Restricted acts of veterinary science
    Schedule 1, part 1.2, item 15, column 2

    substitute

carrying out any treatment, procedure or test that involves the insertion of anything into the nasal passage, nasal sinuses, thoracic cavity, abdominal cavity, pelvic cavity, urethra, cranial cavity, spinal canal, tooth alveolar cavity, eye, orbital cavity, tympanic cavity, joint spaces or any other synovial cavity of any animal other than an—

(a)       insertion into the mouth or oesophagus of an animal other than the insertion of a tube into the oesophagus of a horse; or

(b)      insertion into the rectum of an animal other than a horse; or

(c)       insertion into the left flank of cattle or sheep to puncture the rumen for the purpose of relieving acute bloat if the animal is examined by a registered veterinary practitioner as soon as practicable after the puncture has been made; or

(d)      application of topical medication to the eye or ear cavity.

  1. Schedule 1, part 1.2, item 17, column 2

    substitute

    carrying out any dental procedure on any animal other than a horse

  2. Schedule 1, part 1.2, item 18, column 2, new paragraph (aa)

    insert

    (aa)using a power tool on the horse; or

  3. Schedule 1, part 1.2, item 18, column 2, paragraph (g)

    omit

  4. Schedule 1, part 1.2, new items 19 to 24

    insert

19

insertion of a tube into the oesophagus or stomach of a horse

20

diagnosing pregnancy in cattle by ultrasound

21

artificial insemination of, or embryo transfer into, horses and camelids

22

taking tissue samples from live animals

23

cattle spaying by flank and dropped-ovary method

24

certifying animal disease status

Schedule 1Magistrates Court (Litter Infringement Notices) Regulation 2004—Other amendment

(see s 3)

[1.1]Schedule 1, item 13, column 2

omit

21 (7)

substitute

21 (5)

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 21 September 2022.

  2. Notification

    Notified under the Legislation Act on 7 July 2023.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Transport Canberra and City Services Legislation Amendment Bill 2023, which originated in the Legislative Assembly as the Transport Canberra and City Services Legislation Amendment Bill 2022 and was passed by the Assembly on 27 June 2023.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2023

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