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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 2009 (NO 3)
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2009 (No 3)
Contents
Page
Part 1.1 ACT Civil
and Administrative Tribunal Act 2008 4
Part 1.2 ACT Civil
and Administrative Tribunal (Transitional Provisions) Regulation
2009 8
Part 1.3 Agents Act
2003 8
Part 1.4 Consumer
Credit Act 1995 10
Part 1.5 Consumer
Credit Regulation 1996 10
Part 1.6 Crimes
(Sentencing) Act 2005 11
Part 1.7 Court
Procedures Act 2004 11
Part
1.8 Door-to-Door Trading Act
1991 11
Part 1.9 Fair
Trading Act 1992 12
Part 1.10 Firearms
Act 1996 15
Part 1.11 Firearms
Regulation 2008 16
Part
1.12 Guardianship and Management of Property
Act 1991 16
Part
1.13 Independent Competition and Regulatory
Commission Act 1997 17
Part
1.14 Residential Tenancies Act
1997 19
Part 1.15 Supreme
Court Act 1933 20
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2009 (No 3)
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 3).
(1) Schedule 1, part 1.6 (Crimes (Sentencing) Act 2005) commences on the
day after this Act’s notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Schedule 1, part 1.10 (Firearms Act 1996) and part 1.11 (Firearms
Regulation 2008) commence, or are taken to have commenced, on the earlier
of—
(a) the day after this Act’s notification day; and
(b) 14 January 2010.
(3) The remaining provisions commences on the 28th day after this
Act’s notification day:
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
4 Fair
Trading Regulation 2009—sch 2
(1) The provisions set out in schedule 2 are taken, on the commencement of
this section, to be a regulation made under the Fair Trading Act 1992,
section 54 (Regulation-making power).
(2) To remove any doubt and without limiting subsection (1), the
provisions set out in schedule 2 may be amended or repealed as if they had been
made as a regulation by the Executive under the Fair Trading Act 1992,
section 54.
(3) To remove any doubt, the regulation mentioned in subsection (1) is
taken—
(a) to have been notified under the Legislation Act on the day this Act is
notified: and
(b) to have commenced on the 28th day after this Act’s notification
day; and
(c) not to be required to be presented to the Legislative Assembly under
the Legislation Act, section 64 (1).
(4) Subsections (1), (2) and (3) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
(5) This section expires on the day it commences.
The Dangerous Substances (Explosives) Regulation 2004-Form-Consumer
fireworks authorised receipt (AF2009-129) is repealed.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 ACT Civil and Administrative
Tribunal Act 2008
substitute
(b) be in writing, whether with or without a registrar’s help;
and
Note A registrar may help a person put an application in writing
(see s 13).
[1.2] Section
22L (4) (a)
substitute
(a) if the reason stated is, or the reasons stated include, a prescribed
reason—the Supreme Court, on a reference under section 84, decides that it
would not be against the public interest to answer the question; or
substitute
(5) The tribunal may, by written notice to the parties to an application,
join a person as a new party to the application if—
(a) the person has an interest in the application; or
(b) for an appeal—the person was a party to the original
decision.
[1.4] Section
75 (2), except notes
substitute
(2) A registrar must give the person written notice (a warning
notice) that the person’s licence or registration may be suspended
or cancelled if the person does not pay the amount within 14 days after the day
the registrar gives the person the notice.
[1.5] Section
81 (1) (b) (ii)
substitute
(ii) decides not to deal with the appeal under section 85.
[1.6] Section
83 (1) and (2)
substitute
(1) If the parties to an application or an appeal (a matter)
jointly apply to have the matter removed to the Supreme Court, the tribunal must
order that the matter be removed to the Supreme Court.
(2) If a party to a matter applies to have the matter removed to the
Supreme Court, the tribunal may, if it considers it appropriate, order that the
matter be removed to the Supreme Court.
substitute
85 Tribunal may not deal with appeals more suited to
Supreme Court
(1) This section applies if—
(a) a party to an application appeals the decision on the application to
the tribunal under section 79; and
(b) an application has not been made under section 83 (Removal of
applications from tribunal to Supreme Court) in relation to the
appeal.
(2) The appeal president may decide not to deal with the appeal if the
appeal president considers that—
(a) the appeal could be dealt with more conveniently or effectively by the
Supreme Court; and
(b) it would be appropriate for the appeal to be dealt with by the Supreme
Court.
(3) If the appeal president decides not to deal with the appeal, the
appeal president must give the applicant for the appeal written notice
that—
(a) the appeal will not be dealt with by the tribunal; and
(b) the applicant may appeal to the Supreme Court under section 86
(1) (c).
[1.8] New
section 86 (1) (c)
insert
(c) if the appeal president decides not to deal with the appeal under
section 85—the original decision of the tribunal.
[1.9] Section
87 (2), definition of Supreme Court proceeding, paragraph
(c)
omit
substitute
(1) The chief executive may appoint 1 or more public servants as a
tribunal registrar.
[1.11] Further
amendments, mentions of the registrar
omit
the registrar
substitute
a registrar
in
• section 13 (1)
• section 25
• section 37
• section 53
• section 74
• section 76
• section 110 (2)
• section 111
• section 112 (1), note (1st mention)
• sections 113 to 116
Part
1.2 ACT Civil and Administrative
Tribunal (Transitional Provisions) Regulation 2009
[1.12] Section
67 (1), inserted section 301A
omit
[1.13] New
section 105 (7)
insert
(7) A licensed agent may, under section 105A, be exempted from the
requirements under this section.
insert
105A Opening trust accounts—exemptions
(1) If a licensed agent does not receive or hold trust money, the
commissioner for fair trading may, in writing, exempt the agent from the
requirements under section 105 (Opening trust accounts).
(2) The exemption ends if the licensed agent receives or holds trust
money.
(3) The exemption may be conditional.
(4) A regulation may prescribe the matters to be considered by the
commissioner for fair trading in deciding whether to exempt a licensed agent
under subsection (1), or amend or revoke an exemption.
(5) A condition under this section may be put or amended as if it were a
condition on a licence.
Note The procedure for putting or amending licence conditions is
dealt with in s 34 (2), (3) and (4).
[1.15] Schedule
1, new items 15A to 15C
insert
15A
|
105A (1)
|
refuse to exempt licensed agent from requirement to open trust
account
|
licensed agent
|
15B
|
105A (3)
|
put condition on exemption from requirements of s 105
|
licensed agent exempted
|
15C
|
105A (3)
|
amend condition of exemption from requirements of s 105
|
licensed agent exempted
|
Part
1.4 Consumer Credit Act
1995
[1.16] Section
2, notes 1 and 2
substitute
Note 1 The dictionary at the end of this
Act defines certain terms used in this Act.
Note 2 A definition in the dictionary 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)).
omit
omit the definitions of
annual percentage rate
code
contract document
credit
credit contract
credit fees and charges
Part
1.5 Consumer Credit
Regulation 1996
omit
Part
1.6 Crimes (Sentencing) Act
2005
substitute
48 Application—pt 4.3
This part applies in relation to an offence if the offence
is—
(a) an offence punishable by imprisonment for longer than 1 year;
or
(b) another offence prescribed by regulation.
Part
1.7 Court Procedures Act
2004
substitute
(2) A requirement made by a security officer under this
section—
(a) may be made only if the officer believes on reasonable grounds that it
is prudent for court security; and
(b) may be of general application; and
(c) must comply with any written policy of the Chief Justice or the Chief
Magistrate in relation to searches under this section.
Part
1.8 Door-to-Door Trading Act
1991
substitute
(d) if the contract is negotiated in the presence of the consumer and the
dealer—the consumer must be given a copy of the contract immediately after
the making of the contract;
Part
1.9 Fair Trading Act
1992
insert
Part 4A Maximum annual percentage rate and
disclosure
51C Definitions—pt 4A
In this part:
annual percentage rate—see the code, section
25.
code means the Consumer Credit (Australian Capital Territory)
Code.
contract document—see the code, schedule 1 (Principal
definitions), clause 1 (1).
credit—see the code, section 4 (1).
credit contract—see the code, section 5.
credit fees and charges—see the code, schedule 1
(Principal definitions), clause 1 (1).
51D 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 credit 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.
51E Disclosure of cost of credit
(1) For the code, section 15 (C) (Annual percentage rate or rates), the
contract document must state an annual percentage rate worked out on the basis
of charges under the credit contract that are interest charges (whether or not
they are described in the credit contract as interest charges).
(2) For the code, section 15 (E) (Total amount of interest charges
payable), the total amount of interest charges payable under the contract
includes an amount that is an interest charge (whether or not it is described in
the contract as an interest charge).
(3) For the code, section 14 (Precontractual disclosure), the
precontractual statement must also set out the matters mentioned in subsections
(1) and (2).
(4) The requirements under this section are additional to any other
requirements under the code, section 14 or section 15.
[1.24] Dictionary,
note 2
insert
• Consumer Credit (Australian Capital Territory) Code
[1.25] Dictionary,
new definitions
insert
annual percentage rate, for part 4A (Maximum annual
percentage rate and disclosure)—see section 51C.
code, for part 4A (Maximum annual percentage rate and
disclosure)—see section 51C.
contract document, for part 4A (Maximum annual percentage
rate and disclosure)—see section 51C.
credit, for part 4A (Maximum annual percentage rate and
disclosure)—see section 51C.
credit contract, for part 4A (Maximum annual percentage rate
and disclosure)—see section 51C.
credit fees and charges, for part 4A (Maximum annual
percentage rate and disclosure)—see section 51C.
Part
1.10 Firearms Act
1996
in part 17, insert
275 Authorised possession or use of prohibited
firearms with pistol grips for sport or target shooting
(1) The holder of a category B licence issued for the genuine reason of
sport or target shooting is authorised to possess and use a registered
prohibited firearm (other than a prohibited pistol fitted with a pistol grip)
for the purposes of—
(a) taking part in any kind of approved shooting competition;
and
(b) practising on an approved shooting range for the
competition.
(2) The holder of a category B licence issued for the genuine reason of
sport or target shooting is authorised to possess and use a registered
prohibited rifle fitted with a pistol grip for the purposes of—
(a) taking part in an approved specialised target shooting competition;
and
(b) practising on an approved shooting range for the
competition.
(3) In this section:
approved, for a competition, means a competition that
is—
(a) conducted or organised by an approved shooting club of which the
licence holder is a member; and
(b) approved by the registrar.
Part
1.11 Firearms Regulation
2008
omit
Part
1.12 Guardianship and Management of
Property Act 1991
insert
72C Power to obtain information and
documents
(1) If the ACAT is satisfied that a person can give information or produce
a document relevant to a hearing under this Act, the ACAT may, by written notice
given to the person, require the person to—
(a) give the information to the ACAT in writing signed by the person or,
for a body corporate, by an officer of the body corporate; or
(b) produce the document to the ACAT; or
(c) attend before the ACAT to answer questions relevant to the
hearing.
Note 1 The Legislation Act, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
Note 2 Documents may be produced electronically in certain
circumstances (see Electronic Transactions Act 2001).
(2) The notice must state—
(a) for a notice to give written information or produce a
document—
(i) the place where the information or document is to be given or
produced; and
(ii) the time when, or the period within which, the information or
document is to be given or produced; or
(b) for a notice to attend before the ACAT to answer questions—the
time when, and the place where, the person is to attend.
(3) This section does not limit any other power of the ACAT under a
territory law to obtain information or a document.
Part
1.13 Independent Competition and
Regulatory Commission Act 1997
substitute
(1) The commission is constituted by—
(a) 1 or more standing commissioners; and
(b) any associated commissioners appointed for particular
purposes.
[1.30] Schedule
2, section 2.1
substitute
2.1 Standing commissioners
(1) The Executive must appoint 1 or more standing commissioners.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see Legislation Act
s 207).
(2) A standing commissioner holds office (subject to this Act) for a term
not longer than 5 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and dict,
pt 1, def appoint).
2.1AA Arrangements if more than 1 standing
commissioner
(1) This section applies if the commission is constituted by more than
1 standing commissioner.
(2) The Executive must appoint 1 standing commissioner as senior
commissioner.
(3) If the senior commissioner ceases to hold office or is suspended from
office (under section 2.4 or section 2.5), the Minister must (by instrument)
nominate another standing commissioner as senior commissioner.
(4) If a suspended senior commissioner resumes office as a commissioner,
he or she also resumes office in the capacity of senior commissioner (and the
nominated replacement ceases to hold office in that capacity).
[1.31] Dictionary,
definition of assistant commissioner
omit
[1.32] Dictionary,
definition of senior commissioner
substitute
senior commissioner means—
(a) if the commission is constituted by only 1 standing
commissioner—the commissioner; or
(b) if the commission is constituted by more than 1 standing
commissioner—the commissioner appointed or nominated as senior
commissioner under schedule 2, section 2.1AA.
[1.33] Dictionary,
definition of standing commissioner
substitute
standing commissioner means a commissioner appointed under
schedule 2, section 2.1.
Part
1.14 Residential Tenancies Act
1997
[1.34] Section
48 (1) (b) (i)
substitute
(i) has made an order under section 83 (b); and
Part
1.15 Supreme Court Act
1933
omit
[1.36] Dictionary,
definition of rules
substitute
rules means rules under the Court Procedures Act 2004
applying in relation to the court.
Schedule
2 New Fair Trading Regulation
2009
(see s 4)
Australian Capital
Territory
Fair Trading Regulation
2009
Subordinate Law SL2009-
made under the
Fair Trading Act 1992
1 Name of regulation
This regulation is the Fair Trading Regulation 2009.
2 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
3 Maximum annual percentage rate—Act, s
51D
(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) The maximum annual percentage rate must be worked out in accordance
with section 4.
(4) 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.
(5) In this section:
temporary credit facility includes an overdraft facility and
a short-term extension of the total amount of credit available under an existing
credit contract.
Note This section is made under the Act, s 51D. The effect of a
contravention of this section is set out in s 51D. The maximum interest rate is
not part of the uniform provisions of the code in Australia.
4 Working out maximum annual percentage
rate
(1) For working out the maximum annual percentage rate under a credit
contract, the rate must be worked out as a nominal rate for each year, together
with the compounding frequency, in accordance with this section.
(2) The maximum annual percentage rate is worked out as follows:
(3) In subsection (2):
n is the number of repayments per year to be made under the
credit contract annualised, except that—
(a) if repayments are to be made weekly or
fortnightly—n is to be 52.18 or 26.09, respectively;
and
(b) if the contract does not provide for a constant interval between
repayments—n is to be derived from the interval selected for
the purposes of the definition of j (see subsection
(4)).
r is the solution of the following:
(4) In subsection (3):
j is the time, measured as a multiple (not necessarily
integral) of the interval between contractual repayments that will have elapsed
since the first amount of credit is provided under the credit contract, except
that if the contract does not provide for a constant interval between repayments
an interval of any kind is to be selected by the credit provider as the unit of
time.
t is the time, measured as a multiple of the interval between
contractual repayments (or other interval so selected), that will elapse between
the time when the first amount of credit is provided and the time when the last
repayment is to be made under the contract.
Aj is the amount of credit to be provided under the contract
at time j (the value of j for the provision of the
first amount of credit is taken to be zero).
Rj is the repayment to be made at time
j.
Cj is the fee or charge (if any) payable by the debtor at
time j (j is taken to be zero for any such fee or
charge payable before the time of the first amount of credit provided) in
addition to the repayments Rj, being a credit fee or charge that
is ascertainable when the annual percentage rate is worked out.
(5) The maximum annual percentage rate must be correct to at least the
nearest 0.001% for each year.
(6) In applying the formulas in this section, reasonable approximations
may be made if it would be impractical or unreasonably onerous to make a precise
calculation.
(7) The tolerances and assumptions under the code, section 158 to section
160 apply in working out the maximum annual percentage rate.
(8) If the credit contract is a continuing credit contract (within the
meaning of the code), the following assumptions also apply in working out the
maximum annual percentage rate:
(a) that the debtor has drawn down the maximum amount of credit that the
credit provider has agreed to provide under the contract;
(b) that the debtor will pay the minimum repayments stated in the
contract;
(c) if credit is provided for payment by the credit provider to a third
person in relation to goods, services or cash supplied by the third person to
the debtor from time to time—that the debtor will not be supplied with any
more goods, services or cash;
(d) if credit is provided for cash supplied by the credit provider to the
debtor—that the debtor will not be supplied with any more cash.
(9) For the maximum annual percentage rate—
(a) the amount of credit is the amount (or the maximum amount) required by
the debtor; and
(b) the term for which credit is provided is the term (or the maximum
term) required by the debtor.
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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