2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the law relating to justice and community safety

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Justice and Community Safety Legislation Amendment Act 2004.

This Act commences on the 14th day after its notification day.

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

Note 2 A 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)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This part amends the Agents Act 2003.

(3A) A licensed agent commits an offence if the agent pays an amount out of a trust account maintained by the agent otherwise than—

(a) by electronic transfer; or

(b) by using a cheque that—

(i) is expressed to be payable to a person specified in the cheque; and

(ii) clearly bears across the front of the cheque the addition of 2 parallel transverse lines with the words ‘not negotiable’ between, or substantially between, the lines.

Note This cheque is a ‘crossed cheque’ (see Cheques Act 1986 (Cwlth), s 53).

Maximum penalty: 100 penalty units.

This part amends the Civil Law (Sale of Residential Property) Act 2003.

(a) a statement prepared in accordance with the energy guidelines adopted under the Territory plan that apply to residential premises; or

This part amends the Civil Law (Wrongs) Act 2002.

claimant’s

respondent’s

(2A) Chapter 5 applies to a claim based on a cause of action that arose before 8 March 2004 and in relation to which the claimant had not consulted a lawyer as mentioned in subsection (2) as if section 51 (3) (a) (i) and (ii) read as follows:

‘(i) 8 March 2004; or

(ii) if symptoms of the injury were not immediately apparent and did not appear before 8 March 2004—the day the symptoms of the injury first appear;’

This part amends the Civil Law (Wrongs) Regulations 2003.

This part amends the Cooperatives Act 2002.

(1) If the registrar is of the opinion that a person is contravening section 451 (2), the registrar may, by written notice to the person, identify the contravention and ask the person—

(a) if the person is a company or society formed or incorporated elsewhere than in the ACT—to apply under section 451 (4) to become an exempt body for section 451; or

(b) in any other case—to become registered as a cooperative.

(2) If the person complies with the notice within 6 months after the day the person is given the notice, the person is taken not to have contravened section 451 (2).

This part amends the Crimes Act 1900.

(1) A person commits an offence if the person assaults someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both

(2) The Criminal Code, chapter 2 (other than the immediately applied provisions) does not apply to an offence against this section.

(3) Subsections (2) and (4) and this subsection expire on the default application date.

(4) In this section:

default application date—see the Criminal Code, section 10.

immediately applied provisions—see the Criminal Code, section 10.

This part amends the Crimes (Forensic Procedures) Act 2000.

(1) A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not permitted by this Act if—

(a) ‘no’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or

(b) ‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.

(1A) A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted by this Act if—

(a) ‘yes’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or

(b) ‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.

This part amends the Domestic Relationships Act 1994.

In this part:

agreement means a domestic relationship agreement or a termination agreement.

(3) If a certificate mentioned in subsection (1) (d) is furnished before the commencement of the amendment of this section made by the Justice and Community Safety Legislation Amendment Act 2004, the certificate is as valid, and is taken always to have been as valid, as it would have been if it had been furnished after that commencement.

(4) Subsection (3) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) Subsections (3) and (4) and this subsection expire on the day they commence.

This part amends the Justices of the Peace Act 1989.

An Act about justices of the peace

This Act is the Justices of the Peace Act 1989.

(1) The Minister may appoint a person as a justice of the peace.

Note 1 For the making of appointments, see Legislation Act, pt 19.3.

Note 2 A person’s appointment ends if the person resigns (see Legislation Act, s 210).

(2) The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.

(3) An appointment under this section is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) Before beginning to perform the duties of office, a justice of the peace must take an oath of office, or make an affirmation of office, before a judge, in accordance with the relevant form in schedule 1.

shall

must

(1) Section 5 and section 6, as in force immediately before the commencement of this section, are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(2) This section expires on the day it commences.

This part amends the Legislation Act.

(1) A prosecution for the following offences against a Territory law may be begun at any time:

(a) an offence by an individual punishable by imprisonment for longer than 6 months;

(b) an offence by a corporation punishable by a fine of more than 100 penalty units;

(c) an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a fine of more than 100 penalty units;

(d) an offence against the Criminal Code, section 321 (Minor theft).

This part amends the Ombudsman Act 1989.

(ca) action taken by a tribunal, a member of a tribunal, or a member of the staff of a tribunal, in the exercise of the tribunal’s deliberative functions; or

This part amends the Security Industry Act 2003.

(iii) the applicant satisfies any condition prescribed under the regulations for the licence; and

(iv) it is otherwise in the public interest to license the applicant; and

(ii) if competency standards are prescribed under the regulations—has satisfied the standards.

(f) anything relating to licences, including—

(i) qualifications and conditions for licences; and

membership of a trade or industry association

(ii) details to be included on licences; and

(iii) notification by licensees of any change in the details;

This part amends the Security Industry Regulations 2003.

For an application for a master licence by a person who is not a locksmith, the prescribed information is evidence of membership of an industry association approved by the commissioner for fair trading under regulation 7A.

(1) An applicant for a master licence who is not a locksmith must be a member of an approved industry association.

(2) However, if the commissioner for fair trading believes on reasonable grounds that a person has a conscientious or religious objection to membership of an industry association, the commissioner may, in writing, exempt the person from subregulation (1).

(3) For this regulation, the commissioner for fair trading may approve an entity as an industry association.

(4) An approval is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) In this regulation, an approved industry association means an entity approved as an industry association under subregulation (3).

This part amends the Trade Measurement Act 1991.

(a) a quantity of reticulated electricity, reticulated gas or reticulated water;

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.