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This is a Bill, not an Act. For current law, see the Acts databases.
JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2003
A Bill for
An Act to amend the law relating to justice and community safety, and for
other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Justice and Community Safety Legislation Amendment Act
2003.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75
(1)).
Part
2 Cooperatives Act
2002
This part amends the Cooperatives Act 2002.
4 Transfer
of engagements by direction of
registrarSection 305 (2)
(a)
omit
section 338
substitute
section 338A
5 Winding-up
on registrar’s certificateSection 315
(1)
omit
section 338
substitute
section 338A
6 Appointment
of administratorSection 325
(4)
omit
section 338
substitute
section 338A
in division 12.7, insert
338A Grounds for winding-up, transfer of engagements,
appointment of administrator
(1) This section applies to the following actions:
(a) a direction by the registrar to a cooperative to transfer its
engagements under section 305;
(b) the appointment of an administrator of a cooperative under division
12.5;
(c) the winding-up of a cooperative on a certificate of the registrar
under section 315.
(2) The necessary grounds for the taking of action to which this section
applies exist if the registrar certifies—
(a) that the number of members is reduced to less than the minimum number
of people allowed, as mentioned in section 69; or
(b) that the cooperative has not begun business within 1 year of
registration or has suspended business for longer than 6 months;
or
(c) that the registration of the cooperative has been obtained by mistake
or fraud; or
(d) that the cooperative exists for an illegal purpose; or
(e) that the cooperative has intentionally, and after notice from the
registrar, breached a provision of this Act or the rules of the cooperative;
or
(f) that the board of the cooperative has, after notice from the
registrar, failed to ensure that the rules of the cooperative contain active
membership provisions in accordance with part 6; or
(g) that there are, and have been for 1 month immediately before the date
of the registrar’s certificate, insufficient directors of the cooperative
to form a quorum as provided under the rules of the cooperative; or
(h) following an inquiry under the provisions of this Act into the affairs
of a cooperative or the working and financial condition of a cooperative, that
in the interests of members or creditors of the cooperative or the public the
action should be taken.
(3) Alternatively, the necessary grounds for the winding-up of a
cooperative on a certificate of the registrar exist if the registrar
certifies—
(a) that the period (if any) fixed under the cooperative’s rules for
its duration has ended; or
(b) that a winding-up event stated in the certificate has
happened.
(4) In this section:
winding-up event means an event on the happening of which the
regulations or the cooperative’s rules provide that the cooperative must
be wound up.
Part
3 Fair Trading Act
1992
This part amends the Fair Trading Act 1992.
after section 51, insert
51AA Power of Magistrates Court for pt
4
The power of the Magistrates Court to make an order (including the power to
grant an injunction) under this part includes the power to—
(a) make preliminary and procedural orders and give interlocutory
directions; and
(b) make orders to enforce relief, redress or a remedy.
Part
4 Fair Trading (Consumer Affairs) Act
1973
This part amends the Fair Trading (Consumer Affairs) Act
1973.
11 Consumer
product safety standardsNew section 25 (3)
and (4)
insert
(3) A consumer product safety standard may apply, adopt or incorporate a
law of another jurisdiction or an instrument, or a provision of a law of another
jurisdiction or an instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act 2001, s 47 (5) or (6) is not disapplied
(see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(4) In this section:
law of another jurisdiction—see the Legislation Act,
section 47 (10).
substitute
41A Public warning statements
(1) The Minister or the commissioner may make or issue a public statement
identifying and giving warnings or information about any of the following:
(a) goods that the Minister or commissioner reasonably considers are
unsatisfactory or dangerous and people who supply the goods;
(b) services that the Minister or commissioner reasonably considers are
supplied in an unsatisfactory way and people who supply the services;
(c) commercial practices that the Minister or commissioner reasonably
considers are unfair and people who engage in the practices;
(d) anything else that the Minister or commissioner reasonably considers
adversely affects or may adversely affect the interests of people in relation to
the acquisition by them of goods or services from suppliers.
(2) The statement may identify particular goods, services, business
practices and people.
(3) The Minister or the commissioner may make or issue a statement under
this section only if satisfied that it is in the public interest to do
so.
42 Immunity from liability for certain
statements
(1) The Territory, the Minister, a member of an advisory committee or the
product safety advisory committee, the commissioner, an investigator or a person
acting under the direction or control of the commissioner is not civilly liable
for a statement, notice or report made or issued honestly by a person in the
exercise of functions under this Act.
(2) This section does not deprive a person of any defence the person might
have relied on apart from this section.
(3) To remove any doubt, a statement, notice or report made or issued by
the Minister, an advisory committee, the product safety advisory committee or
the commissioner for the information of the public is a public document
for the Civil Law (Wrongs) Act 2002, section 61 (Publication of
public document) and the Defamation (Criminal Proceedings) Act 2001,
section 31.
13 Regulation-making
powerSection 43
omit
The Executive
substitute
(1) The Executive
insert
(2) The regulations may create offences for contraventions of the
regulations and fix maximum penalties of not more than 20 penalty units for
offences against the regulations.
Part
5 Leases (Commercial and Retail) Act
2001
This part amends the Leases (Commercial and Retail) Act
2001.
16 JurisdictionSection
144 (3)
substitute
(3) The Magistrates Court may, when acting within the jurisdiction given
under this Act—
(a) exercise any power that could be exercised by the court under the
Magistrates Court (Civil Jurisdiction) Act 1982 as if the court had
this jurisdiction under that Act; and
(b) exercise any other power necessary or convenient for the exercise of
this jurisdiction, including the power to—
(i) make preliminary and procedural orders and give interlocutory
directions; and
(ii) make orders to enforce relief, redress or a remedy.
Part
6 Legal Practitioners Act
1970
This part amends the Legal Practitioners Act 1970.
18 Unclaimed
moneysSection 200 (1)
omit
chief executive
substitute
public trustee
Part
7 Second-hand Dealers Act
1906
This part amends the Second-hand Dealers Act 1906.
20 Issue
of licencesNew section 3 (1)
(ba)
insert
(ba) the person would not contravene a Territory law or Commonwealth law
if the person carried on business as a second-hand dealer while licensed;
and
renumber paragraphs when Act next republished under
Legislation Act
22 Dealers
must be licensedNew section 4 (3) to
(6)
insert
(3) The commissioner may, in writing, exempt a named entity from
subsection (1) if satisfied that it is appropriate to do so
because—
(a) the entity carries on business as a second-hand dealer infrequently or
irregularly; and
(b) exempting the entity would not undermine the purposes of this
Act.
(4) Before exempting an entity, the commissioner must consult with the
chief police officer.
(5) The power to exempt a named entity under this section does not include
the power to exempt a class of entities.
(6) An exemption under subsection (3) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
23 Name
of dealer etc to be displayed on
premisesSection 5
omit
at least 10cm high
substitute
not smaller than the height prescribed under the regulations
Part
8 Second-hand Dealers Regulations
2002
24 Regulations
amended—pt 8
This part amends the Second-hand Dealers Regulations 2002.
25 Exempt
entities—Act, s 4 (2)Regulation 5A
(1)
insert
Note In these regulations, exempt entity includes an
entity exempted by the commissioner under the Act, s 4 (3) (see dict).
5B Requirement for displayed lettering—Act, s
5
The height is 5cm.
27 Dictionary,
definition of exempt entity
substitute
exempt entity means an entity—
(a) exempted under regulation 5A; or
(b) exempted by the commissioner under the Act, section 4
(3).
Part
9 Trade Measurement (Administration)
Act 1991
This part amends the Trade Measurement (Administration) Act
1991.
29 Penalty
noticesSection 13
omit
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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