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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 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2007 (No 2)
Contents
Page
Part
1.1 Administration and Probate
Act 1929 3
Part
1.2 Administrative Appeals Tribunal Act
1989 10
Part 1.3 Bail Act
1992 10
Part 1.4 Civil Law
(Sale of Residential Property) Act 2003 11
Part 1.5 Civil Law
(Wrongs) Act 2002 12
Part 1.6 Civil Law
(Wrongs) Regulation 2003 21
Part 1.7 Crimes
(Sentence Administration) Act 2005 21
Part 1.8 Fair
Trading Act 1992 22
Part 1.9 Fair
Trading (Consumer Affairs) Act 1973 24
Part 1.10 Juries Act
1967 26
Part 1.11 Leases
(Commercial and Retail) Act 2001 27
Part
1.12 Magistrates Court (Domestic Animals
Infringement Notices) Regulation 2005 28
Part
1.13 Magistrates Court (Environment Protection
Infringement Notices) Regulation 2005 28
Part
1.14 Magistrates Court (Food Infringement
Notices) Regulation 2005 28
Part
1.15 Magistrates Court (Nature Conservation
Infringement Notices) Regulation 2005 29
Part
1.16 Magistrates Court (Sale of Motor Vehicles
Infringement Notices) Regulation 2005 29
Part 1.17 Powers of
Attorney Act 2006 29
Part 1.18 Public
Trustee Act 1985 32
Part
1.19 Residential Tenancies Act
1997 34
Part 1.20 Trustee
Act 1925 35
Part 1.21 Victims of
Crime Regulation 2000 35
Part 1.22 Wills Act
1968 36
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2007 (No 2)
A Bill for
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
2007 (No 2).
This Act commences on the 21st day after its 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.
4 Repeal
of Powers of Attorney Regulation 2007 (No 2)
The Powers of Attorney Regulation 2007 (No 2) (SL2007-11) is
repealed.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 Administration and Probate
Act 1929
substitute
32 Discharge or removal of executors and
administrators
(1) In this section:
administrator includes an administrator appointed under this
section.
Note Administrator includes any person to whom administration
is granted (see dict).
executor means an executor who has been granted
representation.
(2) This section applies if an executor or administrator—
(a) remains out of the ACT for more than 2 years; or
(b) wants to be discharged from the office of executor or administrator;
or
(c) after the grant of representation or appointment—
(i) refuses to act in the office; or
(ii) is unfit to act in the office; or
(iii) is incapable of acting in the office.
(3) The Supreme Court may order, on the terms and conditions it considers
appropriate—
(a) the discharge or removal of the executor or administrator (the
old executor or administrator); and
(b) the appointment of someone else as administrator (the new
administrator) in place of the old executor or administrator.
(4) For subsection (3), the Supreme Court may make—
(a) orders for vesting the estate in the new administrator; or
(b) orders about accounts; or
(c) any order about costs.
(5) The old executor or administrator is not liable for an act done or
omission made after the date of the order.
(6) On appointment of a new administrator—
(a) the property and rights of the estate vested in the old executor or
administrator vest in the new administrator; and
(b) the liabilities properly incurred in the administration of the estate
by the old executor or administrator vest in the new administrator;
and
(c) the new administrator has the same functions as if probate of the
estate had originally been granted to the new administrator.
(7) If the Supreme Court considers it necessary, notice of an application
for the discharge or removal of the old executor or administrator may be served
on anyone the Supreme Court directs.
omit
in this division called
omit
in division 3A.2, insert
44A Whole blood or half-blood
relationships
For this division, a relationship may be of the whole blood or the
half-blood.
omit
$150 000
substitute
$200 000
omit
$150 000
substitute
$200 000
omit
he or she shall not be liable
substitute
the executor or administrator is not liable
omit
omit
substitute
87B Estates valued at $30 000 or
less
(1) The public trustee may administer the estate of a deceased person if
satisfied that—
(a) the net value of the estate is not more than $30 000; and
(b) application has not been made for a grant of probate of the will, or
administration of the estate, of the deceased person.
(2) For subsection (1), the public trustee may do any of the
following:
(a) call in the estate;
(b) sell and convert into money the part of the estate that does not
consist of money;
(c) pay any of the deceased person’s debts and
liabilities;
(d) deal with the balance (if any) of the estate as if probate of the will
or administration of the estate had been granted by the Supreme Court.
(3) If any money remains after the estate is administered in accordance
with subsection (2), the public trustee must deal with the money as
follows:
(a) if the public trustee is of the opinion that the person died
testate—as if probate of the last will of the person had been granted to
the public trustee by the Supreme Court;
(b) in any other case—as if administration of the estate had been
granted to the public trustee by the Supreme Court.
(4) The public trustee must not administer an estate under this section
unless notice of intention to do so has been given by advertisement or
otherwise, in the way and form the public trustee considers
appropriate.
(5) If the public trustee holds or acquires the will of a deceased person
whose estate is being, or has been, administered under this section, the public
trustee must file the will in the Supreme Court.
[1.11] Section
87C heading
substitute
87C Estates valued at $150 000 or
less
[1.12] Section
87C (1) (b) and (8)
omit
$100 000
substitute
$150 000
substitute
98 Proceedings for estates administered by the public
trustee
(1) This section applies in relation to an estate administered by the
public trustee under this part.
(2) The following must be decided by the Supreme Court:
(a) all disputes and matters about the collection, management or
administration of the estate;
(b) all claims on the estate.
(3) However, if the Supreme Court considers that it should not decide a
matter mentioned in subsection (2), the Supreme Court may direct that other
proceedings to decide the matter be begun.
[1.14] Schedule
6, part 6.1, item 2
omit
$150 000
substitute
$200 000
[1.15] Dictionary,
new definitions
insert
dwelling house, for division 3A.3 (Rights of partners to
intestate dwelling houses)—see section 49F.
eligible partner, of an intestate, for part 3A
(Intestacy)—see section 44.
intestate, for part 3A (Intestacy)—see section
44.
intestate estate, in relation to an intestate, for part 3A
(Intestacy)—see section 44.
original executor, for division 3.4 (Position of executor of
an executor)—see section 43A.
partner, for part 3A (Intestacy)—see section
44.
personal chattels, in relation to an intestate, for part 3A
(Intestacy)—see section 44.
personal representative, in relation to an intestate, for
part 3A (Intestacy)—see section 44.
[1.16] Dictionary,
definition of representation
substitute
representation—
(a) for this Act generally—means the probate of a will and
administration; and
(b) in relation to an intestate, for division 3A.3 (Rights of partners to
intestate dwelling houses)—see section 49F.
[1.17] Further
amendments, references to shall
omit
shall
substitute
must
in
• section 41C (2)
• section 49C (2)
• section 50 (3)
Part
1.2 Administrative Appeals Tribunal
Act 1989
omit
[1.19] Sections
26 (9) (a) and (10) and 49 (2)
omit
or (8)
[1.20] Section
49 (3) (a)
omit
or (8) (a) or (b)
omit
[1.22] New
section 31 (2) (d)
insert
(d) for an accused person who is at a correctional centre—the person
in charge of the centre.
Part
1.4 Civil Law (Sale of Residential
Property) Act 2003
substitute
10 Proposed contract etc to be available for
inspection
(1) A seller of residential property commits an offence if all the
required documents are not available for inspection by a prospective buyer (or
an agent for a prospective buyer) at all reasonable times when an offer to buy
the property may be made to the seller.
Maximum penalty: 10 penalty units.
(2) Subsection (1) does not apply in relation to a failure by a seller to
make all the required documents available for inspection by a prospective buyer
if—
(a) the seller engaged a lawyer to prepare the proposed contract for the
sale of the property; and
(b) the lawyer did not give the seller the required documents to which the
failure relates; and
(c) the seller believed on reasonable grounds that he or she had received
all the required documents; and
(d) the seller made all the required documents given to the seller by the
lawyer available for inspection in accordance with subsection (1).
(3) An offence against this section is a strict liability
offence.
[1.24] New
section 18 (2)
insert
(2) In this section:
cost, of a report, does not include any amount paid for an
additional service in relation to the report.
Example
A seller pays an amount additional to the ordinary cost of obtaining an
inspection report to obtain the report within a shorter than usual period. The
buyer is not liable to reimburse the seller the additional amount.
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).
Part
1.5 Civil Law (Wrongs) Act
2002
[1.25] Schedule
4, section 4.2, new definitions
insert
another jurisdiction means a State or Territory other than
this jurisdiction.
appropriate council, in relation to another jurisdiction,
means the authority that, under the corresponding law of the jurisdiction, has
functions that are substantially the same as the council’s functions under
this schedule.
corresponding law means a law of another jurisdiction that
corresponds to this schedule, and includes a law of another jurisdiction that is
declared by regulation to be a corresponding law of the jurisdiction for this
Act.
interstate scheme means a scheme that—
(a) has been prepared under a corresponding law; and
(b) operates, or indicates an intention to operate, as a scheme of this
jurisdiction.
[1.26] Schedule
4, section 4.2, definition of scheme
after
association
insert
, and includes an interstate scheme
[1.27] Schedule
4, section 4.2, new definition of this jurisdiction
insert
this jurisdiction means the ACT.
[1.28] Schedule
4, new section 4.4 (4)
insert
(4) A scheme prepared under this section may indicate an intention to
operate as a scheme of this jurisdiction only, or of both this jurisdiction and
another jurisdiction.
[1.29] Schedule
4, new section 4.5 (2)
insert
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the council must also publish a
similar notice in the other jurisdiction in accordance with the requirements of
the corresponding law of that jurisdiction that relates to the approval of a
scheme prepared in that jurisdiction.
[1.30] Schedule
4, new section 4.7 (3)
insert
(3) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction—
(a) the council must also consider any matter that the appropriate council
for the other jurisdiction would have to consider under the corresponding law of
that jurisdiction that relates to the approval of a scheme prepared in that
jurisdiction; and
(b) the matters to be considered by the council, whether under subsection
(1) or paragraph (a), are to be considered in the context of each of the
jurisdictions concerned.
[1.31] Schedule
4, new section 4.9 (2)
insert
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the council may also submit the
scheme to the Minister administering the corresponding law of the other
jurisdiction.
[1.32] Schedule
4, section 4.10 (1)
substitute
(1) The Minister may approve a scheme submitted by—
(a) for an ACT scheme—the council; or
(b) for an interstate scheme—the appropriate council for the
jurisdiction in which the scheme was prepared.
[1.33] Schedule
4, new section 4.10 (3)
insert
(3) In this section, a reference to an interstate scheme includes a
reference to an instrument amending an interstate scheme.
Note Subsection (3) applies s (1) and s (2) to instruments that
amend an interstate scheme. Those subsections already apply, by virtue of
s 4.14 (5), to instruments that amend a scheme that is not an
interstate scheme.
[1.34] Schedule
4, section 4.11 (2)
substitute
(2) This section is subject to any order of—
(a) the Supreme Court under section 4.12; and
(b) the Supreme Court of another jurisdiction under the corresponding law
of that jurisdiction.
(3) In this section, a reference to a scheme includes, for an interstate
scheme, a reference to an instrument amending that scheme.
[1.35] Schedule
4, section 4.12
substitute
4.12 Challenges to schemes
(1) This section applies to a person who is, or is reasonably likely to
be, affected by a scheme approved by the Minister (including a person who is, or
is reasonably likely to be, affected by a scheme that operates as a scheme of
another jurisdiction).
(2) For subsection (1), a person may, at any time before the scheme
commences, apply to the Supreme Court for an order that the scheme is void for
noncompliance with this schedule.
(3) The Supreme Court may, on the making of the application or at any time
before the scheme commences, order that the commencement of the scheme is stayed
until further order of the court.
(4) The Supreme Court may, in relation to the application—
(a) make or decline to make an order that the scheme is void for
noncompliance with this schedule; or
(b) if the court has stayed the commencement of the scheme— give
directions about the things that must be done so that the scheme may commence;
or
(c) make any other order it considers appropriate.
(5) The Supreme Court may make an order that an interstate scheme is void
for failure to comply with this schedule because the scheme fails to comply with
the provisions of the corresponding law of the jurisdiction in which it was
prepared that relate to the contents of schemes prepared in that
jurisdiction.
(6) The Supreme Court may not make an order that an interstate scheme is
void for failure to comply with this schedule because the scheme fails to comply
with division 4.2.2 (Content of schemes).
(7) This section does not prevent a scheme from being challenged other than
under this section.
(8) In this section, a reference to a scheme includes, for an interstate
scheme, a reference to an instrument amending that scheme.
[1.36] Schedule
4, section 4.13 (3)
substitute
(3) A review may, but need not, be conducted to decide—
(a) for a scheme prepared under this schedule—whether the scheme
should be amended or revoked or whether a new scheme should be made;
or
(b) for an interstate scheme—whether the operation of the scheme
should be ended in relation to this jurisdiction.
[1.37] Schedule
4, section 4.14 (1) to (4)
omit
an amendment or revocation of
substitute
an instrument amending or revoking
[1.38] Schedule
4, section 4.14 (5)
substitute
(5) Sections 4.4 to 4.12 apply, with any necessary changes, to the
amendment of a scheme by an instrument under this section.
(6) Sections 4.4 to 4.11 (other than section 4.9) apply, with any
necessary changes, to the revocation of a scheme by an instrument under this
section.
(7) This section does not apply to an interstate scheme.
[1.39] Schedule
4, new sections 4.14A and 4.14B
in division 4.2.1, insert
4.14A Notification of revocation of
schemes
(1) If the Minister approves an instrument revoking a scheme (other than
an interstate scheme) that operates as a scheme of another jurisdiction, the
Minister must notify the Minister administering the corresponding law of that
jurisdiction of the revocation.
(2) A notice that an interstate scheme has been revoked under the
corresponding law of the jurisdiction in which it was prepared is a notifiable
instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 Under s 4.28 (1B) (c), an interstate scheme will cease to
have effect in this jurisdiction when it ceases to have effect in the other
jurisdiction.
4.14B Ending of operation of interstate
schemes
(1) On application by an occupational association, the council may prepare
an instrument ending, in relation to this jurisdiction, the operation of an
interstate scheme that relates to members of the association.
(2) The Minister may direct the council to prepare an instrument ending
the operation of an interstate scheme in relation to this
jurisdiction.
(3) The council must comply with any direction under subsection
(2).
(4) The council may, on its own initiative, at any time while an
interstate scheme remains in force, prepare an instrument ending the operation
of the scheme in relation to this jurisdiction.
(5) Sections 4.5 to 4.10 (other than section 4.9 (2) to the extent that it
provides for the submission of a scheme that indicates an intention to operate
as a scheme of another jurisdiction) extend, with any necessary modifications,
to the ending of the operation of an interstate scheme under an instrument under
that section.
(6) The operation of an interstate scheme is ended, in relation to this
jurisdiction, on—
(a) the day after the day of its publication as stated in the instrument;
or
(b) if no day is stated—2 months after the day of its
publication.
[1.40] Schedule
4, section 4.28 (1)
substitute
(1) A scheme must state a period of not longer than 5 years that it is to
remain in force after its commencement.
(1A) Subject to subsection (2), a scheme (other than an interstate scheme)
remains in force until—
(a) the period stated under subsection (1) ends; or
(b) the scheme is revoked; or
(c) the scheme ceases to operate because of the operation of this schedule
or another Territory law; or
(d) the scheme is declared void by an order made by—
(i) the Supreme Court under section 4.12; or
(ii) the Supreme Court of another jurisdiction under the corresponding law
of that jurisdiction; or
(e) the scheme is disallowed under the Legislation Act, section 65
(Disallowance by resolution of Assembly).
(1B) Subject to subsection (2), an interstate scheme remains in force in
this jurisdiction until—
(a) the period stated under subsection (1) ends; or
(b) the scheme’s operation in relation to this jurisdiction is ended
under section 4.14B (Ending of operation of interstate schemes); or
(c) the scheme ceases to have effect in the jurisdiction in which it was
prepared; or
(d) the scheme is disallowed under the Legislation Act, section 65
(Disallowance by resolution of Assembly).
[1.41] Schedule
4, section 4.37 (1) (j)
substitute
(j) any other functions given to it under this schedule, under any other
territory law, or under the law of another jurisdiction.
[1.42] Schedule
4, new section 4.37A
in division 4.6.1, insert
4.37A Cooperation with authorities in other
jurisdictions
If a scheme operates, or indicates an intention to operate, as a scheme of
both this jurisdiction and another jurisdiction, the council
may—
(a) in the exercise of its functions under this schedule, act in
conjunction with the appropriate council for the other jurisdiction;
and
(b) act in conjunction with the appropriate council for the other
jurisdiction in the exercise of that council’s functions under the
corresponding law of that jurisdiction.
[1.43] Dictionary,
new definitions
insert
another jurisdiction, for schedule 4 (Professional
standards)—see schedule 4, section 4.2.
appropriate council, in relation to another jurisdiction, for
schedule 4 (Professional standards)—see schedule 4, section
4.2.
corresponding law, for schedule 4 (Professional
standards)—see schedule 4, section 4.2.
interstate scheme, for schedule 4 (Professional
standards)—see schedule 4, section 4.2.
[1.44] Dictionary,
definition of this jurisdiction
substitute
this jurisdiction—
(a) for chapter 9 (Defamation)—see section 116; and
(b) for schedule 4 (Professional standards)—see schedule 4, section
4.2.
Part
1.6 Civil Law (Wrongs) Regulation
2003
substitute
(1) The following statement is prescribed:
Liability limited by a scheme approved under Professional Standards
Legislation.
Part
1.7 Crimes (Sentence Administration)
Act 2005
[1.46] Section
68 (2) (f), note
omit
Section 70 requires
substitute
Section 69 and s 70 require
substitute
(2) The board must, as soon as practicable, cancel the offender’s
periodic detention under section 68.
(3) To remove any doubt, this section does not limit the circumstances in
which the board may cancel the offender’s periodic detention under section
68.
substitute
(2) The board must, as soon as practicable, cancel the offender’s
periodic detention under section 68.
(3) To remove any doubt, this section does not limit the circumstances in
which the board may cancel the offender’s periodic detention under section
68.
Part
1.8 Fair Trading Act
1992
[1.49] Section
29 (9), definition of directory
omit
Australian Telecommunications Commission
substitute
Telstra Corporation Limited
omit
, whether before or after the commencement of this subsection,
substitute
48 Acts and omissions of representatives of
individuals
(1) In this section:
fault element includes intention, knowledge, recklessness,
opinion, belief or purpose but does not include negligence.
person means an individual.
Note See the Criminal Code, pt 2.5 for provisions about corporate
criminal responsibility.
representative, of a person, means an employee or agent of
the person.
(2) This section applies to proceedings under this part for an act or
omission of a person to which part 2 (Unfair practices) applies.
(3) Conduct engaged in by a representative of the person within the scope
of the representatives’ actual or apparent authority is also taken to have
been engaged in by the person.
(4) Subsection (3) also applies to conduct engaged in by another person
directed by, or with the consent or agreement (whether express or implied) of,
the representative.
(5) However, subsection (3) does not apply if the person establishes that
the person took all reasonable steps to prevent the conduct.
(6) In deciding whether the person took all reasonable steps to prevent
the conduct, a court must consider—
(a) any action the person took to ensure that the representative had a
reasonable knowledge and understanding of the requirement to comply with the
contravened provision; and
(b) the level of management, control or supervision that was appropriate
for the person to exercise over the representative.
(7) Subsection (6) does not limit the matters that the court may
consider.
(8) If it is relevant to prove that a person had a fault element or was
negligent in relation to a physical element of an offence, it is enough to show
that—
(a) the conduct relevant to the physical element was engaged in by a
representative of the person within the scope of the representative’s
actual or apparent authority; and
(b) the representative had the fault element or was negligent in relation
to the physical element.
Part
1.9 Fair Trading (Consumer Affairs)
Act 1973
[1.52] Section
26 (5) (b)
omit
or class of goods
[1.53] Section
26 (8) (b)
omit
or the class of goods
substitute
27 Consumer product safety
orders
(1) The Minister may make an order (a consumer product safety
order) prohibiting or restricting the supply of goods.
Note 1 Power to make a consumer
product safety order includes power to make an order about any 1 or more goods
or a particular class of goods (see Legislation Act, s 48 (2)).
Note 2 A power given under an Act
to make a statutory instrument (including a consumer product safety order)
includes power to amend or repeal the instrument (see Legislation Act, s 46
(1)).
(2) A consumer product safety order restricting the supply of goods may be
conditional.
(3) The Minister may make a consumer product safety order only if
satisfied that—
(a) the goods are dangerous; and
(b) the supply of the goods should be prohibited or restricted.
(3) In this section:
dangerous—goods are dangerous if the
possession, handling or use of the goods is, directly or indirectly, likely to
cause death or injury to a person or affect a person’s health.
(4) A consumer product safety order is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 An amendment or repeal of a consumer product safety order is
also a notifiable instrument (see Legislation Act, s 46 (2)).
substitute
(2) The Minister may, at any time while the interstate order is in force,
make an order (a consumer product safety order)—
(a) if the interstate order prohibits the supply of
goods—prohibiting the supply of the goods in the ACT; or
(b) if the interstate order imposes conditions or restrictions on the
supply of goods—imposing conditions or restrictions on the supply of the
goods in the ACT.
Note 1 Power to make a consumer
product safety order includes power to make an order about any 1 or more goods
or a particular class of goods (see Legislation Act, s 48 (2)).
Note 2 A power given under an Act to make a statutory instrument
(including a consumer product safety order) includes power to amend or repeal
the instrument (see Legislation Act, s 46 (1)).
Part
1.10 Juries Act
1967
omit
[1.57] Schedule
2, part 2.2, item 3
omit
schoolmaster or schoolteacher
substitute
or school principal or teacher,
[1.58] Schedule
2, part 2.2, new items 8 and 9
insert
8
|
a person who is totally or partially blind
|
9
|
a person who is totally or partially deaf
|
[1.59] Dictionary,
definition of sheriff
substitute
sheriff—
(a) for this Act generally—means the sheriff of the Territory;
and
(b) for part 5 (Jury precepts and summonses)—see section
21.
Part
1.11 Leases (Commercial and Retail)
Act 2001
[1.60] Section
123 (1) (c), new note
insert
Note For the requirement to give
a tenant notice of a breach, see the Civil Law
(Property) Act 2006, s 426 (1).
[1.61] Dictionary,
definition of dispute
substitute
dispute—
(a) for this Act generally—means a dispute to which this Act applies
under section 17; and
(b) in relation to an application, for part 14 (Dispute
resolution)—see section 143.
[1.62] Dictionary,
new definition of party
insert
party, to an application, for part 14 (Dispute
resolution)—see section 143.
Part
1.12 Magistrates Court (Domestic
Animals Infringement Notices) Regulation 2005
omit
Part
1.13 Magistrates Court (Environment
Protection Infringement Notices) Regulation 2005
omit
Part
1.14 Magistrates Court (Food
Infringement Notices) Regulation 2005
omit
Part
1.15 Magistrates Court (Nature
Conservation Infringement Notices) Regulation 2005
omit
Part
1.16 Magistrates Court (Sale of Motor
Vehicles Infringement Notices) Regulation 2005
omit
Part
1.17 Powers of Attorney Act
2006
[1.68] Sections
92 and 93
substitute
92 Application of Act to powers of
attorney
(1) This Act applies to a general power of attorney or enduring power of
attorney whenever entered into (whether before or after the commencement of this
Act).
(2) However, if a general power of attorney or enduring power of attorney
made before the commencement of this Act complied with the Powers of Attorney
Act 1956 when made, the power of attorney is not taken to be invalid only
because it does not comply with a provision of this Act about the making of
powers of attorney.
93 Powers of attorney forms under Powers of Attorney
Act 1956
(1) This section applies to a general power of attorney or enduring power
of attorney made after the commencement of this Act and before 1 December 2007
using a form under the Powers of Attorney Act 1956, schedule 1.
(2) This Act applies to the power of attorney.
(3) However, if the power of attorney when made complied with the
Powers of Attorney Act 1956, the power of attorney—
(a) is not taken to be invalid only because it does not comply with a
provision of this Act about the making of powers of attorney; and
(b) to remove any doubt, operates to the extent that it is not otherwise
inconsistent with this Act.
94 Powers of attorney to consent to body part
donations etc under Powers of Attorney Act 1956
(1) This section applies to an enduring power of attorney in force
immediately before the commencement of this Act if the power of attorney
included a power to consent to a donation under the Powers of Attorney Act
1956, section 13 (1) (b) (ii).
(2) Despite section 35 (b) (Things that cannot be lawfully done by
attorneys), the power of attorney continues to authorise the attorney to consent
to the donation.
95 Powers of attorney made under Medical Treatment
Act 1994
(1) This section applies to a power of attorney made under the Medical
Treatment Act 1994 that was in force immediately before the commencement of
this Act.
(2) The power of attorney is taken to be an enduring power of attorney
made under this Act for a health care matter.
(3) However, if the power of attorney complied with the Medical
Treatment Act 1994 when made, the power of attorney is not taken to be
invalid only because it does not comply with a provision of this Act about the
making of powers of attorney.
96 Approved forms
(1) The Minister may approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
Note The Legislation Act contains provisions about forms (see s
255).
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
97 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
omit
omit
Part
1.18 Public Trustee Act
1985
omit
performing the duties
substitute
exercising the functions
substitute
6 Deputy public trustee
(1) A Deputy Public Trustee is a person exercising the functions of deputy
public trustee (however described) in the public service.
(2) A deputy public trustee may exercise the functions of the public
trustee, subject to any direction of the public trustee.
(3) A person dealing with a deputy public trustee need not inquire whether
the deputy public trustee, in exercising a function in relation to a
dealing—
(a) was subject to a direction of the public trustee; or
(b) complied with a direction of the public trustee to which the deputy
public trustee was subject.
substitute
29A Payment of money without grant of
administration
(1) This section applies if—
(a) before a person dies, the public trustee holds an amount or personal
property for the person; and
(b) on the person’s death, the total of the amount and the value of
the personal property as estimated by the public trustee is not more than $20
000; and
(c) 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.
(2) The public trustee may pay the amount, and transfer the personal
property, to a person the public trustee considers is entitled to the amount or
property (the entitled person) without proof of the entitled
person having obtained probate of the deceased person’s will or
administration of the deceased person’s estate.
(3) For subsection (2), the public trustee may require the entitled person
to give an undertaking, whether by statutory declaration or otherwise, that the
amount or personal property will be administered by the entitled person for the
deceased person’s estate.
Note The Statutory Declarations Act 1959 (Cwlth) applies to
the making of statutory declarations under ACT laws.
(4) An amount paid, or personal property given, under subsection (2) is
taken to have been paid to the deceased person’s estate.
(5) This section does not affect any right of a person to claim or recover
an amount paid, or personal property given, under subsection (2) from a
person other than the public trustee.
omit
[1.75] Dictionary,
definition of deputy public trustee
omit
the
substitute
a
Part
1.19 Residential Tenancies Act
1997
in division 7.1, insert
115D Decisions on matters agreed to by
parties
(1) The president of the tribunal may delegate the endorsement of consent
decisions to another member of the tribunal.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
(2) In this section:
consent decision means a decision in relation to an
application to the tribunal agreed to by the parties to the
application.
Part
1.20 Trustee Act
1925
[1.77] Sections
47 (3) (a) and (b)
omit
$500
substitute
$6 000
[1.78] Section
47 (3) (b)
omit
$2 000
substitute
$25 000
omit
$2 000
substitute
$25 000
Part
1.21 Victims of Crime Regulation
2000
[1.80] Sections
23 (2) (d) and 41 (f) (viii)
omit
Community and Health Services Complaints Act 1993
substitute
Human Rights Commission Act 2005
[1.81] Section
12A (3) (a)
omit
section 87B (3)
substitute
section 87B (4)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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