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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 2005 (NO 3)
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2005
(No 3)
Contents
Page
Part
1.1 Administration and Probate Act
1929 1
Part 1.2 Business
Names Act 1963 1
Part 1.3 Children
and Young People Act 1999 2
Part 1.4 Civil Law
(Wrongs) Act 2002 4
Part
1.5 Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995 4
Part
1.6 Confiscation of Criminal Assets Act
2003 5
Part 1.7 Consumer
Credit Act 1995 5
Part 1.8 Consumer
Credit Regulation 1996 8
Part 1.9 Coroners
Act 1997 9
Part 1.10 Court
Procedures Act 2004 11
Part 1.11 Crimes
(Child Sex Offenders ) Act 2005 14
Part 1.12 Crimes
(Restorative Justice) Act 2004 16
Part 1.13 Evidence
Act 1971 16
Part 1.14 Evidence
Regulation 1992 21
Part 1.15 Fair
Trading Act 1992 21
Part
1.16 Guardianship and Management of Property
Act 1991 27
Part
1.17 Magistrates Court (Civil Jurisdiction)
Rules 2004 28
Part
1.18 Magistrates Court Act
1930 28
Part 1.19 Notaries
Public Act 1984 29
Part 1.20 Public
Trustee Act 1985 31
Part
1.21 Remuneration Tribunal Act
1995 32
Part
1.22 Residential Tenancies Act
1997 34
Part
1.23 Residential Tenancies Regulation
1998 36
Part 1.24 Supreme
Court Act 1933 36
Part 1.25 Supreme
Court Rules 1937 38
Part 1.26 Unclaimed
Moneys Act 1950 39
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2005 (No 3)
A Bill for
An Act to amend laws 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
2005 (No 3).
(1) Schedule 1, part 1.2 (Business Names Act 1963) commences on the later
of—
(a) the commencement of the Statute Law Amendment Act 2005 (No 2),
amendment 3.95 (which remakes the Business Names Act 1963, section 27);
and
(b) 21 days after this Act’s notification day.
(2) Schedule 1, part 1.9 (Coroners Act 1997) commences on the later
of—
(a) the commencement of the Criminal Code Harmonisation
Act 2005; and
(b) 21 days after this Act’s notification day.
(3) The remaining provisions commence 21 days after this Act’s
notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
The following regulations are repealed:
• Evidence Regulation 1992 SL1992-9
• Fair Trading Regulation 1995 SL1995-1.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 Administration and Probate Act
1929
[1.1] Section
5 (1), definition of seal of the court
omit
substitute
7B Signature stamp
[1.3] Section
7B (1) and (2)
omit
[1.4] Section
7B (3) and (4)
renumber as section 7B (1) and (2)
Part
1.2 Business Names Act
1963
substitute
27 Effect of certain contraventions of Business Names
Act on legal proceedings
omit
this Act
substitute
the Business Names Act 1963
omit
section 12
substitute
that Act, section 12
insert
(4) A term defined in the Business Names Act 1963 has the same
meaning in this section.
[1.9] Section
27 (as amended)
relocate to Court Procedures Act 2004, division 7.8 as section
99
Part
1.3 Children and Young People
Act 1999
[1.10] New
section 53 (4)
insert
(4) The Childrens Court must have a seal.
Part
1.4 Civil Law (Wrongs) Act
2002
[1.11] Section
50 (3) and (4)
substitute
(3) Also, this chapter does not apply to a claim for damages for personal
injury if a claim for compensation has been made under the Workers
Compensation Act 1951 in relation to the injury.
(4) Despite subsection (3), part 5.2 (Claims procedures) applies to a
claim for damages for personal injury, even though a claim for compensation may
have been made under the Workers Compensation Act 1951 in relation to the
injury, if—
(a) the Road Transport (General) Act 1999, part 10 applies to the
claim; or
(b) the claim is made against a person who is not an employer or insurer
in relation to the injury under the Workers Compensation Act 1951,
chapter 6 (Claims) even though it is also made against such a person.
omit
On or before 31 October
substitute
Within 5 sitting days after 1 October
Part
1.5 Classification (Publications,
Films and Computer Games) (Enforcement) Act 1995
substitute
64 Starting prosecutions for
offences
(1) A prosecution for an offence against this Act in relation to a film,
publication or computer game that is unclassified at the time of the
offence—
(a) must not be started until the film, publication or computer game has
been classified; but
(b) may be started not later than 1 year after the day the film,
publication or computer game is classified.
(2) Subsection (1) (a) does not apply to a prosecution for an offence
against any of the following provisions:
• section 7 (1)
• section 16
• section 19 (2)
• section 20 (1) or (2)
• section 27 (1) or (3)
• section 34 (1)
• section 38 (1)
• section 44 (2)
• section 45 (1) or (2)
• section 50 (1) or (2) (d)
• section 53C (1)
Part
1.6 Confiscation of Criminal Assets
Act 2003
[1.14] Section
244 (1) note 3
substitute
Note 3 Related confiscation proceedings are taken to be an
interlocutory application and started in accordance with the procedure of the
relevant court (see s 245).
substitute
(b) may be started in accordance with the procedure of the relevant
court.
Part
1.7 Consumer Credit Act
1995
substitute
1 Name of Act
This Act is the Consumer Credit Act 1995.
[1.17] Section
3, definition of short-term credit contract
omit
[1.18] Section
3, definitions (as amended)
relocate to dictionary
[1.19] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘annual percentage
rate, for part 3A (Maximum annual percentage rate and
disclosure)—see section 8A.’ means that the term ‘annual
percentage rate’ is defined in that section for part 3A.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
[1.20] Section
8A, definition of short-term credit contract
omit
substitute
8B Maximum annual percentage
rate
(1) A regulation may prescribe a maximum annual percentage rate for a
credit contract to which the code applies.
(2) A regulation may require interest charges, and all credit fees and
charges, under a credit contract to be included in working out the maximum
annual percentage rate under the contract.
(3) The code, part 2, division 2 applies in relation to a prescribed
maximum annual percentage rate as if the rate had been prescribed by the
code.
Note The effect of s (3) is that a contract is void to the extent
that it imposes a monetary liability prohibited under s (1) and that any amount
paid under the contract may be recovered. In addition, the credit provider
commits an offence for entering into the contract.
(4) This section does not affect the exercise of any powers under the
code, part 4, division 3 in relation to a contract that is not void because of
this section.
Note The code, pt 4, div 3 allows (among other things) the reopening
of unjust transactions.
(5) This section applies to a credit contract whether the credit contract
was established before, or is established after, the commencement of this
section.
omit
[1.23] Section
8C (2) to (4)
renumber as section 8C (1) to (3)
[1.24] New
section 8C (4)
insert
(4) The requirements of this section are additional to any other
requirements of the code, section 14 or section 15.
omit
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Executive
• territory law
• the Territory.
Part
1.8 Consumer Credit Regulation
1996
substitute
5 Maximum annual percentage rate—Act, s
8B
(1) The prescribed maximum annual percentage rate is 48% per annum for all
credit contracts to which the code applies.
(2) Interest charges, and all credit fees and charges, under a credit
contract must be included in working out the maximum annual percentage rate
under all credit contracts to which the code applies.
(3) Despite subsection (2), any credit fees or charges arising from the
establishment or maintenance of a temporary credit facility are not required to
be included for working out the maximum annual percentage rate
if—
(a) the credit provider is an authorised deposit-taking institution;
and
(b) the debtor has or had an existing credit contract or debit account
with the authorised deposit-taking institution when the temporary credit
facility is or was established; and
(c) the temporary credit facility is related to the existing credit
contract or debit account.
Part
1.9 Coroners Act
1997
substitute
1 Name of Act
This Act is the Coroners Act 1997.
substitute
2 Dictionary
[1.30] Section
3 (1), definitions
relocate to dictionary
[1.31] Section
3 (1), remainder
substitute
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘death in
custody—see section 3.’ means that the term ‘death in
custody’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 References to death in
custody
omit
(2)
insert
101 Court seal
The Coroner’s Court must have a seal.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• individual
• Minister
• property
• public servant
• Territory.
death in custody—see section 3.
Part
1.10 Court Procedures Act
2004
after section 52, insert
Part 6 Publication of
evidence
Part 7 Examination of witnesses outside the
ACT but in Australia
Part 8 Taking evidence for foreign and
Australian courts
renumber as part 9
renumber as sections 80 to 82
renumber as part 10
[1.39] Divisions
7.1 to 7.6
renumber as divisions 10.1 to 10.6
renumber as sections 100 to 132
[1.41] New
division 10.7 heading
insert
Division 10.7 Supreme
Court
insert
133 Exercise of jurisdiction by
registrar
(1) A person who is dissatisfied with an order of the registrar of the
Supreme Court made in the exercise of jurisdiction given under the Supreme
Court Rules 1937 may appeal, in accordance with those rules, to the
Supreme Court constituted by a single judge.
(2) On an appeal under subsection (1), the Supreme Court may confirm,
amend or set aside the registrar’s order and may make any order that in
all the circumstances it considers just.
(3) In this section:
order includes a judgment, direction or decision, whether or
not final.
insert
139 Expiry of div 10.7
(1) This division expires on the existing rules expiry day or, if the
rules fix an earlier expiry day for this division, that day.
(2) In this section:
existing rules expiry day—see section 100
(3).
[1.44] New
division 10.8 heading
insert
Division 10.8 Business names—starting
legal proceedings
insert
141 Expiry of div 10.8
(1) This division expires on the existing rules expiry day or, if the
rules fix an earlier expiry day for this division, that day.
(2) In this section:
existing rules expiry day—see section 100
(3).
renumber as part 11
[1.47] Section
104 heading
substitute
150 Modification of pt 11’s
operation
[1.48] Section
105 heading
substitute
151 Expiry of pt 11
[1.49] Dictionary,
note 2
insert
• property
[1.50] Dictionary,
new definitions
insert
examination, for part 7 (Examination of witnesses outside the
ACT but in Australia)—see section 57.
inferior court, for part 7 (Examination of witnesses outside
the ACT but in Australia)—see section 57.
judicial authority, for part 7 (Examination of witnesses
outside the ACT but in Australia)—see section 57.
request, for part 8 (Taking of evidence for foreign and
Australian courts)—see section 64.
requesting court, for part 8 (Taking of evidence for foreign
and Australian courts)—see section 64.
Part
1.11 Crimes (Child Sex Offenders ) Act
2005
[1.51] Schedule
2, part 2.2
insert
8A
|
Criminal Code Act 1995 (Cwlth), section 271.4 (1) or
(2)
|
trafficking in children
|
the first person (as mentioned in the subsection) intends or is reckless as
to whether the other person (as mentioned in the subsection) will be used to
provide sexual services or will be otherwise exploited for sexual
services
|
8B
|
Criminal Code Act 1995 (Cwlth), section 271.7
(1)
|
domestic trafficking in children
|
the first person (as mentioned in the subsection) intends or is reckless as
to whether the other person (as mentioned in the subsection) will be used to
provide sexual services or will be otherwise exploited for sexual
services
|
8C
|
Criminal Code Act 1995 (Cwlth), section 474.19
(1)
|
using carriage service for child pornography material
|
|
8D
|
Criminal Code Act 1995 (Cwlth), section 474.20
(1)
|
possessing, producing etc child pornography material for use through
carriage service
|
|
8E
|
Criminal Code Act 1995 (Cwlth), section 474.26 (1), (2) or
(3)
|
using carriage service to procure child under 16
|
|
8F
|
Criminal Code Act 1995 (Cwlth), section 474.27 (1) (2) or
(3)
|
using carriage service to ‘groom’ child under 16
|
|
[1.52] Schedule
2, part 2.2
renumber items when Act next republished under Legislation
Act
Part
1.12 Crimes (Restorative Justice) Act
2004
substitute
5
|
chief executive (children and young people)
chief executive (corrections)
chief executive (restorative justice)
sentence administration board
|
(a) after a court has made a sentence-related order in relation to the
offender; and
(b) before the end of the term of the sentence-related order or the
sentence (if any) of which it forms part (whichever is later)
|
Part
1.13 Evidence Act
1971
[1.54] Section
6, definition of banker’s book
omit
omit
omit
[1.57] Section
82 heading
substitute
82 Application of pt 6
[1.58] Section
84 heading
substitute
84 Noncompliance with s 54 order
omit
section 83
substitute
section 54
[1.60] Sections
82 to 84 (as amended)
relocate to Court Procedures Act 2004, part 6 as sections 53 to
55
omit
[1.62] Section
12A heading
omit
[1.63] Section
85A heading
substitute
85A Application of pt 7
[1.64] Section
85B heading
substitute
85B Definitions for pt 7
omit
section 85C (1)
substitute
section 58 (1)
omit
sections 85C (5) (6) and (7)
substitute
section 58 (5) (6) and (7)
[1.67] Section
85D (2) (b)
omit
sections 85C (5) and (7)
substitute
section 58 (5) and (7)
[1.68] Sections
85E and 85F (1)
omit
85D (1)
substitute
59 (1)
[1.69] Sections
85E and 85F (1)
omit
85C (1)
substitute
58 (1)
[1.70] Section
85F (2) and (3)
omit
section 85E
substitute
section 60
[1.71] Sections
85A to 85H
relocate to Court Procedures Act 2004, part 7 as sections 56 to
63
[1.72] Sections
85I and 85IA
omit
omit
[1.74] Section
85J heading
substitute
85J Definitions for pt 8
[1.75] Section
85J, definition of property
omit
[1.76] Section
85J, definition of request
omit
85K (1)
substitute
65 (1)
omit
85K (1)
substitute
65 (1)
substitute
85N Rules for pt 8
The rules may make provision in relation to—
(a) the circumstances in which an order may be made under section 65 (1);
and
(b) how any reference mentioned in section 66 (3) is to be made.
[1.79] Sections
85J to 85N
relocate to Court Procedures Act 2004, part 8 as sections 64 to
68
Part
1.14 Evidence Regulation
1992
omit everything before paragraph (a) substitute
2 Judicial authority—Act, s 57, def judicial
authority
For the Act, part 7 (Examination of witnesses outside the ACT but in
Australia)—
[1.81] Section
2 (as amended)
relocate to Court Procedures Regulation 2004 as section 5
Part
1.15 Fair Trading Act
1992
[1.82] New
sections 2 and 3
insert
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition
‘consumer—see section 6.’ means that the term
‘consumer’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
[1.83] Section
5 (1), definitions of court, document and
interest
omit
[1.84] Section
5 (1), definition of send
substitute
send includes deliver.
[1.85] Section
5 (1), definition of supply
omit everything after paragraph (a), substitute
(b) in relation to services—provide, grant, give or donate for
promotional purposes.
[1.86] Section
5 (1), definitions (as amended)
relocate to dictionary
[1.87] Section
5 (1), remainder
omit
omit
(2) In this Act—
substitute
5 Meaning of certain terms
In this Act—
[1.89] Section
32, definition of code
substitute
approved code means a code of practice approved under section
34.
omit
[1.91] Sections
34 and 35
substitute
34 Approval of codes of practice
(1) The Minister may approve a code of practice submitted to the Minister
under section 33.
Note Under the Legislation Act, s 46 a power to make an instrument
includes the power to amend or repeal the instrument. The power to amend or
repeal the instrument is exercisable in the same way, and subject to the same
conditions, as the power to make the instrument (see s 46 (2)).
(2) A code of practice submitted to the Minister under section 33 may
be approved with or without amendments.
(3) An approved code of practice is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The Minister may approve an amendment of an approved code of practice
if the commissioner has certified in writing that the amendment is of a minor or
inconsequential nature and that compliance with section 33 is not
required.
(5) Subsection (4) has effect despite the Legislation Act, section 46
(2).
(6) On the commencement of this section, each code of practice prescribed
under this section immediately before the commencement, as in force at that
time, is taken to be an approved code of practice for this part.
(7) Subsection (6) and this subsection are laws to which the Legislation
Act, section 88 (Repeal does not end effect of transitional laws etc)
applies.
(8) Subsections (6), (7) and this subsection expire 1 year after the day
this section commences.
[1.92] Section
35A heading
omit
code
substitute
approved code
omit
a code
substitute
an approved code
[1.94] Section
35A (as amended)
renumber as section 35
[1.95] Section
36 heading
substitute
36 Undertakings following contravention of approved
code
omit
a prescribed code
substitute
an approved code
[1.97] Section
36 (1) (b)
substitute
(b) future compliance with the code;
omit
relevant code
substitute
approved code
[1.99] Section
37 (2) (b)
omit
a code
substitute
an approved code
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• contravene
• document
• interest
• land
• liability
• Magistrates Court
• Minister
• month
• prescribed.
approved code, for part 3 (Codes of practice)—see
section 32.
conduct—see section 5 (b).
consumer—see section 6.
engaging in conduct—see section 5 (a).
involved in a contravention, for part 4 (Enforcement and
remedies)—see section 40.
new participant, in a pyramid selling scheme, for division
2.2—see section 25A.
offering to do an act—see section 5 (d).
participant, in a pyramid selling scheme, for division
2.2—see section 25A.
participate, in a pyramid selling scheme, for division
2.2—see section 25A.
participation payment, for division 2.2—see section 25C
(1), definition of pyramid selling scheme, paragraph
(a).
payment, to a person or received by a person for division
2.2—see section 25A.
pyramid selling scheme, for division 2.2—see section
25C.
recruitment payment, for division 2.2—see section 25C
(1), definition of pyramid selling scheme, paragraph
(b).
refusing to do an act—see section 5 (c).
undertaking, for part 3 (Codes of practice)—see section
32.
Part
1.16 Guardianship and Management of
Property Act 1991
substitute
(6) The public trustee may waive payment of all or part of an amount
payable to the Territory under subsection (3) (b) or subsection (4) if the
public trustee is satisfied that payment of the amount would impose hardship on
a person or that other circumstances justify waiving payment of the
amount.
Part
1.17 Magistrates Court (Civil
Jurisdiction) Rules 2004
omit
omit
omit
subsection (3)
substitute
subsection (2)
[1.105] Section
478 (2) to (4) (as amended)
renumber as section 478 (1) to (3)
[1.106] Section
478 (as amended)
relocate to Magistrates Court Rules 1932 as section 101
Part
1.18 Magistrates Court Act
1930
in part 4.6, insert
286 Small Claims Court’s
seal
The Small Claims Court must have a seal.
in part 5.2, insert
308 Magistrates Court’s
seal
The Magistrates Court must have a seal.
Part
1.19 Notaries Public Act
1984
[1.109] Section
2 (1), definitions
relocate to dictionary
[1.110] Section
2, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
substitute
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
3A Terms used in Legal Practitioners
Act
A term used in the Legal Practitioners Act has the same meaning in this
Act.
omit
(1) A person
substitute
A person
omit
omit
omit
(1) Subject to subsection (3), a person
substitute
A person
omit
omit
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Attorney-General
• business day
• Supreme Court.
Part
1.20 Public Trustee Act
1985
insert
29A Small estates
(1) This section applies if—
(a) the public trustee holds on trust for the estate of a deceased person
an amount or property the net value of which is estimated by the public trustee
to be less than the amount prescribed by regulation or, if no amount is
prescribed, $15 000; and
(b) the public trustee has no knowledge of an application for probate of
the person’s will or for letters of administration of the person’s
estate; and
(c) the public trustee has given notice in a newspaper circulating in the
ACT, or in another way that the public trustee considers appropriate, that the
public trustee proposes to deal with the person’s estate under this
section.
(2) The public trustee may—
(a) sell, call in and convert into money the property of the
person’s estate; and
(b) pay the person’s debts and liabilities that are known to the
public trustee; and
(c) deal with the residue as if probate of the will or letters of
administration of the estate had been granted to the public trustee.
Part
1.21 Remuneration Tribunal Act
1995
insert
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
[1.121] Section
3 (1), definitions
relocate to dictionary
[1.122] Section
3, remainder
substitute
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
[1.123] Schedule
1, part 1.2
insert
• children and young people commissioner
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Chief Justice
• Chief Minister
• Commonwealth
• Executive
• Territory
• writing.
holder, of an appointment, includes a person asked or
authorised in writing to exercise functions, or provide services, either alone
or together with someone else.
Part
1.22 Residential Tenancies Act
1997
[1.125] Section
4, note 2
substitute
Note 2 The Aged or Disabled Persons Care Act 1954 (Cwlth) is
available at www.comlaw.gov.au
[1.126] Section
9 heading
substitute
9 Inconsistent tenancy terms
void
[1.127] Section
10 heading
substitute
10 Endorsement of inconsistent tenancy terms by
tribunal
substitute
28 Interest on amounts in trust
account
(1) Interest received from the investment of any amount paid to the credit
of the trust account under this part must be paid to the interest trust account
and applied for the purposes mentioned in subsection (2).
(2) Interest may be applied for the following purposes:
(a) providing lessor and tenant information programs;
(b) providing dispute resolution services for residential tenancy
disputes;
(c) facilitating assistance in the provision of residential accommodation,
whether or not the accommodation is provided under this Act;
(d) researching issues of concern to lessors and tenants;
(e) reimbursing the costs incurred by the commissioner in instituting,
defending or taking over proceedings in relation to tenancy disputes;
(f) reimbursing the Territory the cost of administering this
Act.
(3) In this section:
interest—see the Financial Management Act 1996,
dictionary.
interest trust account means the trust bank account
maintained by the chief executive of the administrative unit responsible for
administering this Act in accordance with the Financial Management Act
1996, section 51.
(4) As soon as practicable after the commencement of this section, the
chief executive must determine the amount in the relevant departmental bank
account that, immediately before the commencement, was available to be applied
for purposes mentioned in subsection (2) (a) to (e).
(5) The amount determined under subsection (4)—
(a) is taken to be trust money to which the Financial Management Act
1996, part 7 (Trust money) applies; and
(b) must be transferred from the relevant departmental bank account to the
interest trust account.
(6) In subsections (4) and (5):
relevant departmental bank account means the departmental
bank account under the Financial Management Act 1996 of the
administrative unit allocated responsibility for administering this
Act.
(7) Subsections (4) to (6) and this subsection expire 3 months after the
day this section commences.
substitute
(f) an order restoring a residential tenancy agreement or occupancy
agreement and granting the former tenant or occupant possession of
premises—
(i) from which the person was evicted in contravention of this Act;
or
(ii) that the person vacated in accordance with a termination notice that
was not in the form (if any) approved under section 133 (Approved
forms—Minister) for the notice;
Part
1.23 Residential Tenancies Regulation
1998
omit
Part
1.24 Supreme Court Act
1933
omit
(1) For
substitute
For
[1.132] Section
10 (2) and (3)
omit
omit
The court
substitute
The Supreme Court
omit
the rules), the court
substitute
the Supreme Court Rules 1937), the Supreme Court
[1.135] New
section 23 (4)
insert
(4) In this section:
matter—see the Supreme Court Act 1933,
dictionary.
[1.136] Section
23 (as amended)
relocate to Court Procedures Act 2004, division 10.7 as section
134
substitute
64 Seals
(1) The Court of Appeal must have a seal.
(2) The Supreme Court must have a seal.
omit
All writs and process issued from the court
substitute
(1) All process of the court issued from the Supreme Court
[1.139] New
section 66 (2)
insert
(2) In this section:
process of the court—see the Supreme Court Act
1933, dictionary.
[1.140] Section
66 (as amended)
relocate to Court Procedures Act 2004, division 10.7 as section
135
Part
1.25 Supreme Court Rules
1937
[1.141] Order
61 rule 5 (1) and (2)
omit
the Act, section 10 (2)
substitute
the Court Procedures Act 2004, section 133 (1)
[1.142] Order
66 rule 10B (2) note
omit
Supreme Court Act 1933, s 10 (2)
substitute
Court Procedures Act 2004, s 133 (1)
Part
1.26 Unclaimed Moneys Act
1950
omit
moneys
substitute
amounts
substitute
1 Name of Act
This Act is the Unclaimed Money Act 1950.
[1.145] Section
2, definition of company
substitute
company means—
(a) for part 2 (Unclaimed assets in hands of liquidators)—
(i) a body corporate that is a foreign company within the meaning of the
Corporations Act, section 9; or
(ii) a body registered under the Cooperatives Act 2002;
or
(iii) an association incorporated under the Associations Incorporation
Act 1991; and
(b) for any other provision of the Act—
(i) an entity mentioned in paragraph (a); and
(ii) a body corporate that is a company or recognised company within the
meaning of the Corporations Act, section 9.
[1.146] Section
2, definition of registered office
substitute
registered office—see the Corporations Act, section
9.
[1.147] Section
2, definitions (as amended)
relocate to dictionary
[1.148] Section
2, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘approved deposit
fund, for part 4 (Unclaimed superannuation benefits)—see section
16.’ means that the term ‘approved deposit fund’ is defined in
that section for part 4.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
[1.149] Section
4 (2) and (3) (c)
omit
moneys or dividends
substitute
amounts
[1.150] Section
4 (4) (c)
omit
moneys
substitute
amount
omit
money
substitute
amount
omit
sum due
substitute
amount owing
omit
any money
substitute
an amount
omit
shall pay an amount equal to that money to that person
substitute
must pay the amount to the person
omit
substitute
Part 3 Unclaimed amounts payable by
companies
omit
in relation to moneys
substitute
to an amount
substitute
(2) For this part, an amount to which this part applies is an
unclaimed amount if—
(a) not less than 6 years has elapsed since the day the amount became
payable; and
(b) during the 6-year period, the company did not receive a request from a
person entitled to the amount that the amount be paid to the person or someone
else.
[1.159] Section
7 heading
substitute
7 Register of unclaimed amounts to be
kept
substitute
(1) If, in a year, any amounts payable by a company have become unclaimed
amounts, the company must, not later than 31 January in the next year, enter
particulars of the amounts in an alphabetical register kept for the year by the
company at its head or principal office in the ACT.
Note If a form is approved under s 35 for the register, the form
must be used.
substitute
(3) If a company pays an amount entered in a register kept by the company
under this section to the person entitled to the amount, the company may delete
from the register the entry relating to the amount.
substitute
8 Notice of particulars of register to be given to
public trustee
(1) This section applies if, under section 7 (1), particulars of unclaimed
amounts have been entered in a register kept by a company for a year.
(2) The company must prepare a written notice setting out the particulars
entered in the register for the year.
(3) Not later than 31 March in the next year, the company
must—
(a) give the notice, verified by a statutory declaration made by an
officer of the company, to the public trustee; and
(b) publish a notice in a newspaper circulating in the
ACT—
(i) stating that it holds unclaimed amounts for the previous year;
and
(ii) explaining how people can find out details of the amounts and claim
them.
Note If a form is approved under s 35 for a
provision of this subsection, the form must be used.
omit
moneys
substitute
amount
omit
those moneys
substitute
the amount
substitute
10 Payment of unclaimed amounts to
Territory
(1) This section applies if—
(a) particulars of an unclaimed amount have been entered in a register
kept by a company under section 7 (Register of unclaimed amounts to be kept);
and
(b) the amount has not been paid by the company to the person entitled to
it within 1 year after the day the company gave the notice to the public trustee
under section 8 (3) (a) that included particulars of the amount.
(2) The company must pay the amount to the Territory not later than
1 month after the end of the 1-year period.
(3) On payment of the amount to the Territory, the company is relieved
from all further liability for the amount.
[1.166] Section
11 heading
substitute
11 Failure to pay unclaimed
amounts
omit
moneys
substitute
amount
omit
the moneys
substitute
the amount
omit
those moneys
substitute
the amount
omit
[1.171] Section
13 heading
substitute
13 Payment of unclaimed amounts to
claimants
omit
any moneys
substitute
an amount
omit
to moneys
substitute
to an amount
omit
those moneys
substitute
the amount
substitute
(3) The Territory must pay a person an amount that was paid to the
Territory under section 10 if—
(a) the Minister is satisfied that the person is entitled to the amount;
or
(b) the Supreme Court has declared under subsection (2) that the person is
entitled to the amount.
omit
substitute
15 Pt 3 does not apply to certain unclaimed
amounts
This part does not apply to an amount that is required by a law in force in
the ACT to be dealt with in a way different from the way provided by this
part.
[1.178] Section
16, definition of approved deposit fund
substitute
approved deposit fund—see the Commonwealth Act, section
10 (1).
[1.179] Section
16, definitions of regulated superannuation fund and unclaimed
money
substitute
regulated superannuation fund—see the Commonwealth Act,
section 19.
unclaimed amount means an amount that is an unclaimed amount
under section 18 (1) or (2).
substitute
(2) In this section:
corporation—see the Corporations Act, section
57A.
exempt public sector superannuation scheme—see the
Commonwealth Act, section 10 (1).
[1.181] Section
18 heading
substitute
18 Unclaimed amounts for pt 4
omit everything after paragraph (d), substitute
any amount payable to the member is an unclaimed amount.
omit everything after paragraph (d), substitute
any amount payable to the beneficiary is an unclaimed amount.
[1.184] Section
20 heading
substitute
20 Statement of unclaimed
amounts
omit
money
substitute
amounts
[1.186] Section
21 heading
substitute
21 Payment of unclaimed amounts to
Minister
omit
money
substitute
amount
[1.188] Section
24 heading
substitute
24 Repayment of excess amounts
[1.189] Section
25 heading
substitute
25 Register of amounts received by
Minister
omit
money
substitute
amount
[1.191] Section
26, definitions of holder, RSA and RSA
provider
substitute
holder—see the Commonwealth Act, section 9.
RSA—see the Commonwealth Act, section 8.
RSA provider—see the Commonwealth Act, section
12.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Commonwealth
• Corporations Act
• individual
• Minister
• property
• public trustee
• Territory.
approved deposit fund; for part 4 (Unclaimed superannuation
benefits)—see the Commonwealth Act, section 10 (1).
Commonwealth Act—
(a) for part 4 (Unclaimed superannuation benefits)—see
section 16; and
(b) for part 5 (Unclaimed RSA money)—see section 26.
eligibility age, for part 4 (Unclaimed superannuation
benefits)—see the Commonwealth Act.
fund, for part 4 (Unclaimed superannuation
benefits)—see section 16.
holder, for part 5 (Unclaimed RSA money)—see the
Commonwealth Act, section 9.
regulated superannuation fund, for part 4 (Unclaimed
superannuation benefits)—see the Commonwealth Act, section 19.
RSA, for part 5 (Unclaimed RSA money)—see the
Commonwealth Act, section 8.
RSA provider, for part 5 (Unclaimed RSA money)—see the
Commonwealth Act, section 12.
unclaimed amount—
(a) for part 3 (Unclaimed amounts payable by companies)—see section
6 (2); and
(b) for part 4 (Unclaimed superannuation benefits)—see
section 16.
unclaimed RSA money, for part 5 (Unclaimed RSA
money)—see section 26.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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