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JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2009 (NO 2)
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2009 (No 2)
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2009 (No 2)
A Bill for
An Act to amend legislation about 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
2009 (No 2).
This Act commences on the 28th day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Associations Incorporation Act
1991
3 Legislation
amended—pt 2
This part amends the Associations Incorporation Act 1991.
4 Cancellation
of incorporationSection
93 (1) (d) and (e)
substitute
(d) has not during the last 3 years convened an annual general meeting of
the association in accordance with this Act; or
(e) has not lodged an annual return with the registrar-general in relation
to each of the last 2 years; or
(ea) has lodged an annual return with the registrar-general in relation to
each of the last 3 years and for each one of those returns an auditor, in the
course of the auditor’s duties to examine the association’s
accounting records and other records, has stated that he or she is unable to
determine if the return complies with this Act;
Part
3 Charitable Collections Act
2003
5 Legislation
amended—pt 3
This part amends the Charitable Collections Act 2003.
6 What
is a collectionNew section
7 (3) (fa)
insert
(fa) receiving money or a benefit by an entity that—
(i) is not solicited by the entity; or
(ii) is not received by the entity because of a collection conducted by
the entity;
Part
4 Charitable Collections Regulation
2003
7 Legislation
amended—pt 4
This part amends the Charitable Collections Regulation
2003.
8 What
are not
collections—Act, s 7 (3) (g)Section
6 (1) (d)
omit
Part
5 Domestic Violence and Protection
Orders Regulation 2009
9 Legislation
amended—pt 5
This part amends the Domestic Violence and Protection Orders Regulation
2009.
substitute
58 Representation by Legal Aid
ACT
omit
Legal Aid Office (A.C.T.)
substitute
Legal Aid ACT
substitute
(3) For this section:
Legal Aid ACT—see the Legal Aid Act 1977,
section 94 (Commission to operate as Legal Aid ACT).
Part
6 Door-to-Door Trading Act
1991
13 Legislation
amended—pt 6
This part amends the Door-to-Door Trading Act 1991.
14 Contracts
to which Act appliesSection
4 (4) (b)
substitute
(b) a contract, or part of a contract, exempted (with or without
conditions) from the operation of this Act by regulation.
Note 1 A reference to an Act includes a reference to a provision of
an Act (see Legislation Act, s 7 (3)).
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 3 Power to make a statutory instrument includes power to make
different provision for different categories (see Legislation Act, s
48).
15 Requirements
in relation to prescribed contractsSection
7 (1) (c)
substitute
(c) the making of the contract must be completed—
(i) for a contract that is not made over the telephone—by the
consumer signing the contract after it has been executed by or on behalf of the
supplier; and
(ii) for a contract that is made over the telephone—by the recording
of the consent of the consumer to be bound by the contract, by the supplier or a
person acting on behalf of the supplier, either in writing or, with the consent
of the consumer, using a recording device;
16 Section
7 (1) (f) and (g)
substitute
(f) for a contract that is not made over the telephone—the contract
must contain the statement ‘THIS CONTRACT IS SUBJECT TO A COOLING-OFF
PERIOD OF 10 DAYS’ printed in upper case in type not smaller than
18 point directly above the place provided for the signature of the
consumer;
(fa) for a contract that is made over the telephone—the dealer must
give the consumer the following as soon as practicable after the contract has
been made:
(i) a copy of the contract;
(ii) a cooling-off statement which states that the consumer may rescind
the contract before the end of the cooling-off period if the consumer gives the
dealer notice of the rescission within the period;
(g) for a contract that is not made over the telephone—subject to
subsection (2), the dealer must give the consumer the following immediately
before the making of the contract:
(i) a notice explaining the right of the consumer to rescind the contract;
and
(ii) a notice that may be used by the consumer to rescind the
contract;
(ga) for a contract that is made over the telephone—subject to
subsection (2A), the dealer must give the consumer the following as soon as
practicable after the contract has been made:
(i) a notice explaining the right of the consumer to rescind the contract;
and
(ii) a notice that may be used by the consumer to rescind the
contract;
omit
Before giving the notice
substitute
For a contract that is not made over the telephone—before giving the
notice
insert
(2A) For a contract that is made over the telephone—before the
consumer consents to be bound by the contract, the dealer must read the notice
mentioned in subsection (1) (ga) (i) aloud to the consumer.
Maximum penalty: $2 000.
19 Cooling-off
period—acceptance of consideration, supply of
servicesSection
8 (2)
omit
omit
or (2)
21 Duties
of dealersNew section
10 (2A)
insert
(2A) A dealer who telephones a person for the purpose of negotiating a
contract to which this Act applies or for an incidental or related purpose must,
as soon as practicable during the telephone call, tell the person the
following:
(a) the purpose of the telephone call;
(b) the dealer’s full name and address;
(c) if the dealer is not the supplier—the supplier’s full name
and address.
omit
contravenes subsection (2)
substitute
contravenes subsection (2) or (2A)
23 RestitutionSection
14 (1) (b) (ii)
omit
in contravention of this Act
24 Legislation
amended—pt 7
This part amends the Firearms Act 1996.
25 Adult
firearms licences—mandatory
suspensionSection
80 (1) (b)
substitute
(b) an offence against a law of a State, another Territory or New Zealand
corresponding to a domestic violence offence.
26 Minors
firearms licences—mandatory
suspensionSection
97 (1) (b)
substitute
(b) an offence against a law of a State, another Territory or New Zealand
corresponding to a domestic violence offence.
27 Composite
entity firearms licences—mandatory
suspensionSection
119 (1) (b)
substitute
(b) an offence against a law of a State, another Territory or New Zealand
corresponding to a domestic violence offence.
28 Temporary
recognition of interstate licences for international visitors—shooting or
paintball competitionsSection
140 (5)
omit
is taken
substitute
is not taken
29 Schedule
2, part 2.2, new item 1A
insert
1A
|
member of a police service or force of a foreign country
|
possessing or using firearm for taking part in a training
activity—
(a) conducted by the Australian Federal Police; and
(b) carried out in the ACT
|
Part
8 Firearms Regulation
2008
30 Legislation
amended—pt 8
This part amends the Firearms Regulation 2008.
31 People
exempt from Act—Act, s 272 (2)
(r)Section 73A
omit
32 Dictionary,
note 2, 2nd dot point
omit
Part
9 Legal Aid Act
1977
33 Legislation
amended—pt 9
This part amends the Legal Aid Act 1977.
34 Constitution
of commissionSection 7
omit
35 Powers
of commissionSection
9 (2)
omit
section 32 (5), (6) and (7)
substitute
section 31C (1) and (2)
insert
Part 3 Board of
commission
14 Establishment of board of
commission
A board of the commission is established.
15 Functions of board
The functions of the board are—
(a) to determine the broad policies, priorities and strategies of the
commission for the provision of legal assistance under this Act; and
(b) to ensure that the commission’s affairs are managed in
accordance with this Act.
16 Constitution of board
(1) The board consists of the following members (each of whom is a
commissioner):
(a) the president of the commission;
(b) the chief executive officer;
(c) 5 other members of whom—
(i) 1 member represents the Minister; and
(ii) 1 member is chosen from a panel of not less than 3 people
nominated by the council of the bar association; and
(iii) 1 member is chosen from a panel of not less than 3 people
nominated by the council of the law society; and
(iv) 1 member is chosen from a panel of not less than 3 people
nominated by the executive committee of the Council of Social Service of the
Australian Capital Territory; and
(v) 1 member has expertise in financial management;
(d) 1 member who has qualifications, training or experience that will
enable the member to give other specialist assistance to the commission in the
exercise of its functions.
(2) The Minister must appoint the members of the board other than the
chief executive officer.
(3) However, the Minister must only appoint a member mentioned in
subsection (1) (d) if, in the opinion of the Minister, the commission
requires specialist assistance in the exercise of its functions.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with a
Legislative Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(4) A person appointed as a member by the Minister is appointed on a
part-time basis.
substitute
31B Arranging for services of private legal
practitioners
(1) If the commission provides legal assistance to a person by arranging
for the services of a private legal practitioner, the commission may only select
a practitioner who is included in a panel established under section 31E (1)
(a listed practitioner) to provide that assistance.
(2) In selecting a listed practitioner to act for a legally assisted
person, the principal considerations that the commission must take into account
are the interests of the person and the person’s preference (if any) for a
particular listed practitioner.
(3) The commission must, after taking into account the considerations
mentioned in subsection (2), ensure that selection of a listed practitioner to
provide legal assistance is made as equitably as possible having regard
to—
(a) the nature of the listed practitioner’s legal practice;
and
(b) the practitioner’s experience.
31C Fees for services of private legal
practitioners
(1) The fees the commission pays for services provided by private legal
practitioners to legally assisted people must as far as
practicable—
(a) consist of fixed amounts for the performance of particular services;
and
(b) be less than the ordinary professional cost of those
services.
(2) However, the commission must consult, and take into account the views
of, the following bodies when determining the fees it will pay for services
provided by private legal practitioners to legally assisted people:
(a) the council of the law society;
(b) the council of the bar association.
31D Record of services provided by private legal
practitioners
The commission must—
(a) keep a record of the number and type of matters in which private legal
practitioners provide services to legally assisted people under this Act;
and
(b) make the record available for inspection on request by the law society
or bar association.
31E Panels of private legal
practitioners
(1) The commission may establish panels of private legal practitioners to
provide legal assistance in accordance with the commission’s function
under section 8 (2).
(2) A panel may be established for matters generally, or particular kinds
of matter, or matters before particular courts or tribunals, for which legal
assistance may be granted under this Act.
(3) A practitioner who wishes to be included in a panel established under
this section must apply to the commission in a way approved by the
commission.
(4) The commission may—
(a) appoint practitioners to a panel in accordance with the criteria
determined under subsection (5); and
(b) suspend, remove or exclude practitioners from a panel on the grounds
determined under subsection (7) (b); and
(c) impose conditions on the reappointment of a practitioner who has been
suspended, removed or excluded, which in the opinion of the commission
are:
(i) appropriate under the circumstances; and
(ii) in keeping with the requirements determined under subsection
(7) (c).
(5) The commission may determine criteria for the appointment of
practitioners to a panel.
(6) Without limiting subsection (5), the criteria may include
criteria about any of the following matters:
(a) a practitioner’s skills, qualifications and
experience;
(b) a practitioner’s agreement to comply with the requirements
stated by the commission in relation to any of the following:
(i) practice standards;
(ii) reporting and accountability;
(iii) compliance audits.
(7) The commission may determine the following:
(a) the period for which practitioners are appointed to a panel;
(b) the grounds on which a practitioner may be suspended, removed or
excluded from a panel;
(c) the requirements, if any, for reappointment of a practitioner to a
panel.
(8) A determination by the commission under this section is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
31F Compliance audits
(1) The commission may, at any time, perform an audit (a compliance
audit) of legal assistance provided by a private legal
practitioner.
(2) A compliance audit must not be performed unless the commission has
given the practitioner written notice of—
(a) the commission’s intention to carry out the audit; and
(b) the scope of the audit.
32 Notice to practitioner about proposed
decision
Before making a decision about a private legal practitioner under section
31E (4) (b) or (c), the commission must—
(a) give written notice to the practitioner setting out the reasons for
the proposed decision; and
(b) allow the practitioner a reasonable opportunity to be heard on the
proposed decision.
38 Payments
to private legal practitionersSection
32AA (2)
substitute
(2) The private legal practitioner must give the commission an invoice for
the legal services provided in the matter.
(2A) The commission may issue directions about the giving of
invoices.
omit
in accordance with subsection (2)
substitute
in accordance with any directions issued under subsection (2A)
insert
Part 5A Dispute
resolution
35A Definitions—pt 5A
In this part:
approved negotiation means a program for dispute resolution
that—
(a) is approved by the commission; and
(b) consists of a structured negotiation process; and
(c) uses a convenor to assist parties to a dispute to settle the
dispute.
convenor means a person to whom a dispute has been referred
for approved negotiation.
negotiation session means a meeting that forms part of
approved negotiation and includes steps to arrange or follow-up the
meeting.
35B Power of commission to arrange approved
negotiation
The commission may provide approved negotiation to all parties in a matter
or proceeding if at least 1 party is receiving legal assistance from the
commission for the matter or proceeding.
35C Expenses of dispute
resolution
(1) The commission may, to partly or fully meet the costs associated with
approved negotiation in a matter or proceeding—
(a) use money available to the commission; or
(b) require a legally assisted person, or another party, in the matter or
proceeding to partly or fully meet the costs.
(2) An amount required to be paid under
subsection (1) (b)—
(a) is a debt owing to the commission; and
(b) must be paid in the time and way stated by the commission.
Note If an amount is owing under a law to a person by another
person, the person may recover the amount as a debt owing to the person in a
court of competent jurisdiction (see Legislation Act, s 177). The commission is
a person (see Legislation Act, s 160).
35D Confidentiality of
negotiation
A convenor must not disclose information obtained in a negotiation session
to a person who is not a party to the session
(a nonparticipant) unless—
(a) the person who provided the information to the convenor consents to
the information being disclosed to the nonparticipant; or
(b) the information is necessary for the provision or administration of
legal assistance and is being disclosed to any of the following:
(i) the board;
(ii) the chief executive officer;
(iii) a committee established under this Act;
(iv) a member of the staff of the commission; or
(c) the following apply:
(i) the information is necessary so that any party or parties to the
session can be referred to another dispute resolution service (a related
service) that may be able to assist in the resolution of the dispute
between the parties, or in some other way;
(ii) all parties to the session consent to the information being disclosed
to the related service; or
(d) the disclosure of the information is reasonably necessary to prevent
or minimise injury to a person or damage to property; or
(e) the convenor is required to disclose the information under a law of
the Territory or Commonwealth.
35E Admissibility of evidence
(1) Evidence of anything said or done at a negotiation session, including
a document prepared at or for the session, is not admissible in evidence in any
proceeding in a court or tribunal unless the parties in attendance at the
session consent to the admission of the evidence.
(2) In this section:
document includes a copy of, or an extract from, a
document.
35F Protection of convenor from
liability
A convenor is not liable in a civil proceeding for anything done, or
omitted to be done, honestly by the convenor—
(a) in the exercise of a function under this part; or
(b) in the reasonable belief that the act or omission was in the exercise
of a function under this part.
41 Qualifications
for appointmentSection
50 (2)
omit
section 7 (1) (e)
substitute
section 16 (1) (c) (iv)
omit
substitute
58 Leave of absence
The commission may grant leave of absence to a statutory officer of the
commission on the terms decided by the commission.
44 Delegation
of commission’s power to
appointSection 62
omit
45 Personnel
managementSection
68A (2) (a)
omit
all people
substitute
all employees
in part 13, insert
90 Delegation by commission
The commission may delegate any of its functions under this Act to any of
the following:
(a) a committee of commissioners or committee of officers of the
commission or both;
(b) an officer of the commission;
(c) any person providing services on behalf of the commission under this
Act.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
substitute
94 Commission to operate as Legal Aid
ACT
omit
Legal Aid Office (A.C.T.)
insert
Legal Aid ACT
substitute
98 Superannuation
(1) Nothing in this Act authorises the provision of superannuation
benefits to an officer of the commission otherwise than under—
(a) the Superannuation Act 1976 (Cwlth); or
(b) the Superannuation Act 1990 (Cwlth); or
(c) the Superannuation Act 2005 (Cwlth); or
(d) a superannuation scheme determined by the Minister.
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
insert
Part 14 Transitional—Justice and
Community Safety Legislation Amendment Act 2009 (No 2)
101 Continuation of appointments
(1) This section applies to a person appointed as a commissioner under
section 7 (3) before the commencement day (a former
appointee).
(2) A former appointee whose period of office as a commissioner has not
ended on the commencement day continues to hold office until the end of the
period of office as if the former appointee were appointed under the
corresponding provision of section 16 as in force on the commencement
day.
(3) In this section:
commencement day means the day this section
commences.
insert
• document
52 Dictionary,
new definition of board
insert
board means the board of the commission established under
section 14.
53 Dictionary,
definition of commissioner
substitute
commissioner means a member of the board appointed under
section 16.
Part
10 Machinery Act
1949
54 Legislation
amended—pt 10
This part amends the Machinery Act 1949.
55 Inspectors
of machinerySection 4 (1), except
notes
substitute
(1) The chief executive may appoint a person to be an inspector for this
Act.
Part
11 Magistrates Court Act
1930
56 Legislation
amended—pt 11
This part amends the Magistrates Court Act 1930.
substitute
7F Retirement
(1) This section applies if a magistrate is—
(a) an eligible employee for the Superannuation Act 1976 (Cwlth);
or
(b) a member of the superannuation scheme for the Superannuation Act
1990 (Cwlth); or
(c) a member of any other superannuation scheme determined by the
Attorney-General.
(2) The Executive may retire the magistrate on the ground of invalidity
with the magistrate’s consent.
(3) A determination under subsection (1) (c) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
substitute
Division 3.4.2 Warrants for
witnesses
62 Definitions—div 3.4.2
In this division:
prescribed period means 18 hours from the time a person is
arrested under a warrant.
reporting officer means the police officer mentioned in
section 67 (2) (b).
warrant means a warrant under this division.
63 Warrant to bring witness to
court
(1) The court may issue a warrant for the arrest of a person who is a
witness in a hearing if the person—
(a) was informed of the time and place of the hearing; and
(b) was required to attend to give evidence at the hearing in accordance
with—
(i) a subpoena served on the person; or
(ii) an order of the court; or
(iii) an undertaking given to the court by the person; and
(c) failed to attend the hearing as required; and
(d) did not provide the court with a reasonable explanation for not
attending.
(2) A warrant must not be issued under subsection (1)
unless—
(a) the court is satisfied that the party calling the person as a witness
in the proceeding has taken reasonably practicable steps to contact the person;
and
(b) it is in the interests of justice to issue the warrant.
(3) In deciding whether it is in the interests of justice to issue a
warrant, the court must consider the following:
(a) the importance of the evidence the person is expected to
give;
(b) whether the evidence could be obtained by other means;
(c) the nature of the matter being heard;
(d) the degree of urgency to resolve the matter;
(e) the likelihood that the issue of a warrant would secure the
person’s attendance at the hearing;
(f) if the court has been contacted by the person,
or the party calling the person as a witness in the proceeding has
contacted the person—
(i) the reason (if any) given by the person for not attending as required;
and
(ii) the impact of using a warrant for the arrest of the person.
64 First instance warrant
(1) The court may, instead of issuing a subpoena for the attendance of a
witness in a hearing, issue a warrant in the first instance for the arrest of
the person if it is—
(a) unlikely that the person will attend the hearing to give evidence
unless the person is compelled to do so; and
(b) in the interests of justice to do so.
(2) In deciding whether it is in the interests of justice to issue a
warrant, the court must consider the following:
(a) the importance of the evidence the person is expected to
give;
(b) whether the evidence could be obtained by other means;
(c) the nature of the matter being heard;
(d) the degree of urgency to resolve the matter;
(e) the likelihood that the issue of a warrant would secure the
person’s attendance at the hearing;
(f) the impact of using a warrant for the arrest of the person.
65 Warrant remains in force until
executed
A warrant remains in force until whichever of the following happens
first:
(a) the warrant is executed;
(b) the court revokes the warrant.
66 Executing a warrant
(1) A warrant authorises a police officer (an executing
officer) to—
(a) arrest the person named in the warrant; and
(b) bring the person before the court.
(2) If an executing officer believes on reasonable grounds that the person
named in the warrant is on any premises, the officer is authorised to enter the
premises, using not more than necessary and reasonable force in the
circumstances, to execute the warrant.
(3) However, an executing officer is not authorised to enter a dwelling
house to execute the warrant before 6 am or after 9 pm on any day, unless the
officer believes on reasonable grounds that it would not be practicable to
arrest the person at the dwelling house, or another location, at any other
time.
(4) An executing officer—
(a) must use not more force than is necessary to arrest the person and
remove the person to the place stated in the warrant; and
(b) must, before removing the person,
explain to the person the purpose of the warrant;
and
(c) must tell the person of his or her right to
contact a lawyer, and allow the person to contact a lawyer if the person wishes
to do so; and
(d) if a person is under a legal disability—must inform a parent or
guardian of the person of the arrest.
(5) In this section:
dwelling house includes a conveyance, and a room in a hotel,
motel, boarding house or club, where people ordinarily sleep at night.
67 Procedure after arrest
(1) A person who is arrested under a warrant must be brought before the
court—
(a) as soon as practicable after the person is arrested; and
(b) within the prescribed period; and
(c) in accordance with this section.
(2) A person must be brought before the court by a police
officer—
(a) if the court is sitting at the time the officer is able to bring the
person before the court—in person; or
(b) if the court is not sitting at the time the officer is able to bring
the person before the court—by telephone call made by the officer to a
magistrate to report the execution of the warrant to the court.
(3) A person brought before the court must be dealt with in accordance
with section 68.
(4) A person arrested under a warrant—
(a) may be detained by a police officer for not longer than the prescribed
period for the officer to comply with subsection (2); and
(b) must be released if the officer cannot comply with that subsection
within the prescribed period.
68 Orders following executed
warrant
(1) The court may order that the person—
(a) be remanded in custody until the date, time and place specified in the
order; or
(b) be released on a recognisance, signed by the person, in which the
person agrees to appear before the court on a day and at a time and place
specified by the court—
(i) in the recognisance; and
(ii) in any subsequent notice given or sent to the person by the court;
or
(c) be released unconditionally.
(2) If the court makes any orders in relation to a person under this
section, the person must be given written notice of the orders
by—
(a) if the court is sitting when the order is made—the court;
or
(b) if the court is not sitting when the order is made—the reporting
officer.
(3) Any single period of remand ordered under this section must not be
longer than—
(a) 28 days; or
(b) if the person chooses to be remanded for a longer period without
review—a longer period that the court considers reasonable.
(4) Division 3.4.4 applies to a recognisance under this
section.
Part
12 Prohibited Weapons Act
1997
59 Legislation
amended—pt 12
This part amends the Prohibited Weapons Act 1997.
60 Application
of ActNew section
4 (1) (aa)
insert
(aa) a police service or force of a foreign country required to possess or
use a prohibited weapon for taking part in a training activity—
(i) conducted by the Australian Federal Police; and
(ii) carried out in the ACT; or
Part
13 Regulatory Services Legislation
Amendment Act 2008
61 Legislation
amended—pt 13
This part amends the Regulatory Services Legislation Amendment Act
2008.
substitute
26 Contracts to which Act
applies
Section 4 (1)
(a)
substitute
(a) negotiations leading to the making of the contract (whether or not
they are the only negotiations that precede the making of the contract) take
place between the consumer and a dealer—
(i) in each other’s presence in the ACT at a place other than trade
premises of the supplier; or
(ii) in a telephone call made, or received, by the consumer in the ACT;
and
Part
14 Remuneration Tribunal Act
1995
63 Legislation
amended—pt 14
This part amends the Remuneration Tribunal Act 1995.
omit
• president of the human rights commission
Part
15 Residential Tenancies Act
1997
65 Legislation
amended—pt 15
This part amends the Residential Tenancies Act 1997.
in part 5, insert
64A Standard residential tenancy term—increase
in rent
Under a fixed term agreement rent may not be increased during the currency
of the fixed term unless the amount of the increase, or a method for working it
out, is set out in the agreement.
Part
16 Supreme Court Act
1933
67 Legislation
amended—pt 16
This part amends the Supreme Court Act 1933.
substitute
44 Retirement
(1) This section applies if the master is—
(a) an eligible employee for the Superannuation Act 1976 (Cwlth);
or
(b) a member of the Superannuation Scheme for the Superannuation Act
1990 (Cwlth); or
(c) a member of any other superannuation scheme determined by the
Attorney-General.
(2) The Executive may retire the master on the ground of invalidity with
the master’s consent.
(3) A determination under subsection (1) (c) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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