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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 2004 (NO 2)
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2004 (No 2)
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2004 (No 2)
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
2004 (No 2).
(1) 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)).
(2) To remove any doubt, the Legislation Act, section 79A (Commencement of
amendment of uncommenced law) does not apply to the amendment made by part
11.
3 Legislation
amended—pt 2
This part amends the Agents Act 2003.
4 Interest
on trust accountsSection 109
(1)
omit
1st
substitute
10th
5 Legislation
amended—pt 3
This part amends the Bail Act 1992.
substitute
42 Power of Magistrates Court to
review
(1) The Magistrates Court may, on application under this division, review
any decision of an authorised officer or the Magistrates Court (however
constituted) in relation to bail.
(2) However, the Magistrates Court may review the decision only if the
application for review is based on—
(a) a significant change in circumstances relevant to the granting of
bail; or
(b) the availability of fresh evidence or information of material
significance to the granting of bail to the person that was unavailable on the
most recent application in relation to bail.
(3) The power of the Magistrates Court to review a decision under this
section may be exercised whether or not any power to review the decision under
section 38 has been exercised or been sought to be exercised.
7 Power
of Supreme Court to reviewSection 43
(2)
omit
court
substitute
Supreme Court
omit
application to the judge
substitute
application in relation to bail
Part
4 Civil Law (Wrongs) Act
2002
9 Legislation
amended—pt 4
This part amends the Civil Law (Wrongs) Act 2002.
10 Notice
of claimSection
51 (3) (b)
substitute
(b) the day that is 1 month after the later of the following
days:
(i) the day the claimant first consults a lawyer to obtain advice about
seeking damages for the personal injury;
(ii) the day the respondent is identified.
11 Certificate
that claim or defence has reasonable prospects of
successSection
188 (2)
substitute
(2) The lawyer must not lodge a pleading in a court for filing, or file a
pleading in a court, in relation to the claim unless the lawyer has lodged for
filing or filed in the court, or the pleading is accompanied by, a certificate
stating that the lawyer believes, on the basis of provable facts and a
reasonably arguable view of the law, that the claim or defence has reasonable
prospects of success.
Part
5 Confiscation of Criminal Assets Act
2003
12 Legislation
amended—pt 5
This part amends the Confiscation of Criminal Assets Act
2003.
13 Key
conceptsPart 3 heading, new note
3
insert
Note 3 Other important concepts are defined in the Legislation Act,
dict, pt 1, including the following:
• indictment
• present.
14 Meaning
of convicted and
quashedSection 15 (1), notes 1 and
2
substitute
Note 1 Indictment is defined in the Legislation Act, dict, pt
1 as including an information. (See also that Act, dict, pt 1, def
present.)
Note 2 Found guilty, of an offence, is defined in the
Legislation Act, dict, pt 1 as including—
(a) having the offence taken into account under the Crimes Act
1900, s 357 (which is about taking outstanding charges into account when
passing sentence); and
(b) having an order made in relation to the offence under the Crimes
Act 1900, s 402 (Conditional release of offenders without proceeding to
conviction) or the Children and Young People Act 1999, s 96
(Disposition of young offenders).
Note 3 For the meaning of abscond, see s 16.
15 Restraining
orders—time for making certain
applicationsSection 27 (2), notes 1 and
2
substitute
Note 1 For the meaning of in relation to, see
dict.
Note 2 Indictment is defined in the Legislation Act, dict, pt
1 as including an information. (See also that Act, dict, pt 1, def
present.)
Note 3 The court may allow leave for an application to be made after
a time fixed by this section in certain circumstances (see s 49 and s
246).
16 Restraining
orders over other property—affidavit supporting
applicationSection 29 (5) (b) (i) and
(ii)
substitute
(i) that the officer suspects that the property is tainted property;
or
(ii) that the officer suspects that the property is subject to the
offender’s effective control.
insert
• present
18 Dictionary,
definition of present
omit
19 Further
amendments, new note
insert
Note Indictment is defined in the Legislation Act, dict, pt 1
as including an information. (See also that Act, dict, pt 1, def
present.)
in
• section 16 (1)
• section 17
• section 29 (1)
• section 31 (2)
• section 47 (6)
• section 48 (5)
• section 67 (5)
• section 85 (3)
Part
6 Drugs of Dependence Act
1989
20 Legislation
amended—pt 6
This part amends the Drugs of Dependence Act 1989.
21 Interpretation
for ActSection 3 (1), definition of drug
of dependence
substitute
drug of dependence means a substance prescribed by regulation
as a drug of dependence for this definition.
22 Section
3 (1), definition of prohibited substance
substitute
prohibited substance means a substance prescribed by
regulation as a prohibited substance for this definition.
23 Definitions
for pt 2Section 4, definition of drug of
dependence
substitute
drug of dependence means a substance prescribed by regulation
as a drug of dependence for this definition.
Part
7 Legislation Act
2001
24 Legislation
amended—pt 7
This part amends the Legislation Act 2001.
25 Exercise
of powers between notification and
commencementSection 81
(2)
substitute
(2) To remove any doubt and without limiting subsection (1), this section
applies to any of the following powers if the power is to be exercised in
relation to an entity to be established by the authorising law or the
authorising law as amended by the amending law:
(a) a power to make an appointment to the entity;
(b) a power to make a statutory instrument for the purposes of the
entity;
(c) a power to do anything else in relation to the entity.
Example
This section applies to powers under an authorising law to be exercised in
relation to the conduct of an election for members of a board to be established
as a corporation by the authorising law.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2A) The power may be exercised at any time even though the authorising
law, or the authorising law and amending law (or either of them), is not in
force at the time.
(2B) For the exercise of the power, the authorising law, or the
authorising law and amending law, are taken to be in force at the time of the
exercise of the power.
renumber subsections when Act next republished under Legislation
Act
27 When
must prosecutions begin?Section 192 (1)
(b), (c) and (d)
substitute
(b) an offence by a corporation punishable by a fine of 100 penalty units
or more;
Note See s 161 for the fines that
may be imposed on a corporation for offences punishable only by
imprisonment.
(c) an aiding and abetting offence by an individual in relation to an
offence by a corporation punishable by a fine of 100 penalty units or
more.
28 Dictionary,
part 1, new definition of present
insert
present an indictment includes lay an
information.
Part
8 Magistrates Court Act
1930
Explanatory note
The amendments in this part take account of amendments of the
Magistrates Court Act 1930 to be made by the Court Procedures
(Consequential Amendments) Act 2004.
29 Legislation
amended—pt 8
This part amends the Magistrates Court Act 1930.
30 Jurisdiction
of Supreme CourtSection 207 (1) (a) and
(b)
substitute
(a) appeals to which division 3.10.2 (Appeals in criminal matters)
applies;
(b) reference appeals under division 3.10.2A (Reference appeals in
criminal matters);
(c) appeals from decisions of the Magistrates Court by way of orders to
review under division 3.10.3 (Orders to review in criminal matters).
31 Institution
of appealSection 209
(1)
omit
21 days
substitute
28 days
insert
Division 3.10.2A Reference appeals in
criminal matters
219A What is a reference appeal?
In this division:
reference appeal—see section 219AB (2).
219AB Reference appeal following acquittal on
indictment
(1) This section applies if a person has been tried on indictment in the
Magistrates Court and acquitted in relation to all or part of the
indictment.
(2) The Supreme Court may, on application by the Attorney-General or
director of public prosecutions (the applicant), hear and decide
(by a reference appeal) any question of law arising at or in
relation to the trial.
(3) An application must be made within 6 weeks after the end of the trial,
or within any longer period allowed by the Supreme Court.
219AC Who may be heard at reference
appeal
(1) Each of the following people (each interested party) may
be heard in a reference appeal:
(a) a person charged at the trial;
(b) a person who seeks to be heard, if the court is satisfied that the
person has a sufficient interest in the appeal to be heard.
(2) If an interested party is not represented in the appeal, the applicant
must instruct counsel to argue the reference appeal on the party’s
behalf.
(3) The reasonable costs of legal representation of an interested party
are payable by the Territory.
219AD Reference appeal decision does not affect trial
verdict
The decision on a reference appeal does not invalidate or affect any
verdict or decision given at the trial.
33 Grant
of order nisi to reviewSection 219C
(1)
omit
21 days
substitute
28 days
34 Dictionary,
new definition of reference appeal
insert
reference appeal, for division 3.10.2A (Reference appeals in
criminal matters)—see section 219AB (2).
Part
9 Security Industry Act
2003
35 Legislation
amended—pt 9
This part amends the Security Industry Act 2003.
substitute
41 Licence to be produced on
request
(1) A licensee commits an offence if—
(a) the licensee is asked to produce the licensee’s licence for
inspection by—
(i) a police officer; or
(ii) an investigator; or
(iii) anyone with whom the licensee has dealings when carrying on a
security activity; and
(b) the licensee does not produce the licence for inspection.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) Subsection (1) (a) (iii) does not apply to a licensee
if—
(a) a regulation requires the licensee to wear another form of
identification while carrying on the security activity; and
(b) the licensee wears the other form of identification while carrying on
the security activity.
(4) In this section:
investigator—see the Fair Trading (Consumer Affairs)
Act 1973, section 2.
42 Licence to be worn by
licensee
(1) A person who holds an employee licence commits an offence if the
person—
(a) carries on a security activity; and
(b) does not wear the licence so the licence number is clearly
visible.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) Subsection (1) does not apply to—
(a) a person if—
(i) a regulation requires the person to wear another form of
identification while carrying on the security activity; and
(ii) the person wears the other form of identification while carrying on
the security activity; or
(b) a licensee if the commissioner for fair trading has exempted the
licensee under subsection (4).
(4) On application, the commissioner for fair trading may, in writing,
exempt a licensee from subsection (1) if satisfied that it is appropriate
to exempt the licensee because of the special nature of the licensee’s
functions.
Part
10 Security Industry Regulation
2003
37 Legislation
amended—pt 10
This part amends the Security Industry Regulation 2003.
38 Definitions
for pt 4Section 10, definition of
identification number
substitute
identification number—see section 12 (1).
substitute
12 Identification numbers—Act, s 41 and
s 42
(1) The commissioner for fair trading must allocate a unique number (the
identification number) to the crowd controller.
(2) The master licensee must ensure that the crowd controller wears the
identification number so that it is clearly visible while the controller is at
the place.
(3) The crowd controller must wear the identification number so that it is
clearly visible while the controller is at the place.
Part
11 Smoking (Prohibition in Enclosed
Public Places) Act 2003
Explanatory note
The Smoking (Prohibition in Enclosed Public Places) Act 2003, s 31
and s 35 amend the Liquor Act 1975.
40 Legislation
amended—pt 11
This part amends the Smoking (Prohibition in Enclosed Public Places) Act
2003.
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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