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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 2010 (NO 4)

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2010 (No 4)



Contents

Page

Part 1.1 Crimes Act 1900 3

Part 1.2 Guardianship and Management of Property Act 1991 7

Part 1.3 Human Rights Commission Act 2005 8

Part 1.4 Land Titles Act 1925 9

Part 1.5 Legal Profession Act 2006 10

Part 1.6 Medicines, Poisons and Therapeutic Goods Regulation 2008 10

Part 1.7 Personal Property Securities Act 2010 11

Part 1.8 Public Trustee Act 1985 11

Part 1.9 Security Industry Act 2003 12

Part 1.10 Security Industry Regulation 2003 22

Part 1.11 Unclaimed Money Act 1950 24

Part 1.12 Unit Titles Act 2001 26

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2010 (No 4)



A Bill for

An Act to amend legislation about justice and community safety









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

1 Name of Act

This Act is the Justice and Community Safety Legislation Amendment Act 2010 (No 4).

2 Commencement

(1) This Act (other than schedule 1, part 1.9 and part 1.10) commences on the 7th day after its notification day.

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

(2) Schedule 1, part 1.9 and part 1.10 commence on a day fixed by the Minister by written notice.

Note 1 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 2 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3 Legislation amended—sch 1

This Act amends the legislation mentioned in schedule 1.

Schedule 1 Legislation amended

(see s 3)

Part 1.1 Crimes Act 1900

[1.1] Section 170

substitute

170 Meaning of anabolic steroid

In this part:

anabolic steroid includes—

(a) a substance mentioned in schedule 1 and any—

(i) salt, active principle or derivative of the substance; or

(ii) stereoisomer of the substance; or

(iii) preparation or admixture containing any proportion of the substance; and

(b) a salt of an active principle or derivative of a substance mentioned in schedule 1; and

(c) a salt of a stereoisomer of a substance mentioned in schedule 1.

[1.2] New schedule 1

insert

Schedule 1 Anabolic steroids

(see s 170)

column 1
item
column 2
substance
1
Androisoxazole
2
Androsterone
3
Atamestane
4
Bolandiol
5
Bolasterone
6
Bolazine
7
Boldenone
8
Bolenol
9
Bolmantalate
10
Calusterone
11
Chlorandrostenolone
12
4-Chloromethandienone
13
Chloroxydienone
14
Chloroxymesterone (dehydrochloromethyltestosterone)
15
Clostebol
16
Danazol
17
Dihydrolone
18
Dimethandrostanolone
19
Dimethazine
20
Drostanolone
21
Enestebol
22
Epitiostanol
23
Ethisterone
24
Ethyldienolone
25
Ethyloestrenol
26
Fluoxymesterone
27
Formebolone
28
Furazabol
29
Gestrinone
30
Hydroxystenozol
31
Mebolazine
32
Mepitiostane
33
Mesabolone
34
Mestanolone (androstanolone)
35
Mesterolone
36
Methandienone
37
Methandriol
38
Methandrostenolone
39
Methenolone
40
Methylclostebol
41
Methyltestosterone
42
Methyltrienolone
43
Metribolone
44
Mibolerone
45
Nandrolone
46
Norandrostenolone
47
Norbolethone
48
Norclostebol
49
Norethandrolone
50
Normethandrone
51
Ovandrotone
52
Oxabolone
53
Oxandrolone
54
Oxymesterone
55
Oxymetholone
56
Prasterone
57
Propetandrol
58
Quinbolone
59
Roxibolone
60
Silandrone
61
Stanolone
62
Stanozolol
63
Stenbolone
64
Testolactone
65
Testosterone
66
Thiomesterone
67
Trenbolone
68
Trestolone
69
Anabolic and androgenic steroidal agents not mentioned elsewhere in this schedule

Part 1.2 Guardianship and Management of Property Act 1991

[1.3] Section 74 (1)

omit

this Act

substitute

section 72

Part 1.3 Human Rights Commission Act 2005

[1.4] New section 44 (3)

after the note, insert

(3) Despite subsection (1) (a), a complaint may be made orally if the commission is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint.

Example—exceptional circumstances

Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.

[1.5] Section 53A (1) (a) (i)

omit

or section 64

[1.6] Section 53B (1) (a)

omit

, section 64

[1.7] Section 64

omit

[1.8] New section 78 (1) (ea)

insert

(ea) the commission considers that conciliation is unlikely to succeed; or

[1.9] New section 79 (3)

insert

(3) The commission may, but need not, reopen a complaint if the commission considers that it would be reasonable to do so—

(a) because of new information received about the complaint; or

(b) because of exceptional circumstances.

Example—exceptional circumstances

It appears to the commission that the original investigation was defective in some way.

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 1.4 Land Titles Act 1925

[1.10] New section 50 (3A)

insert

(3A) However, if a memorial is in relation to the surrender of a lease by an owners corporation under the Unit Titles Act 2001, section 49A, the registrar-general may dispense with the production of the duplicate certificate of title if the owners corporation makes a statutory declaration that—

(a) the certificate of title cannot be produced and why it cannot be produced; and

(b) the requirements for the surrender of the lease under the following have been met:

(i) the Unit Titles Act 2001, section 49A;

(ii) section 86.

[1.11] New section 86 (3A)

insert

(3A) If an owners corporation surrenders the lease on behalf of a lessee under the Unit Titles Act 2001, section 49A, the endorsement or memorandum of surrender must be—

(a) signed by the owners corporation; and

(b) accompanied by evidence of the resolution under the Unit Titles Act 2001, section 109 authorising the surrender.

Part 1.5 Legal Profession Act 2006

[1.12] Section 47 (3)

substitute

(3) However, the licensing body—

(a) must not impose a condition on a barrister practising certificate unless the bar council has agreed to or recommended the condition; and

(b) must impose a condition on a barrister practising certificate if the bar council has agreed to or recommended the condition.

Part 1.6 Medicines, Poisons and Therapeutic Goods Regulation 2008

[1.13] Chapter 31

omit

[1.14] Schedule 10

omit

Part 1.7 Personal Property Securities Act 2010

[1.15] Schedule 3, new part 3.1A

before part 3.1, insert

Part 3.1A Cooperatives Act 2002

[3.1A] Section 270

omit

[3.1B] Schedule 3

omit

Part 1.8 Public Trustee Act 1985

[1.16] New section 23A

insert

23A Public trustee register

(1) The public trustee may keep a register of legal records.

(2) The public trustee may include other records or information on the register that the public trustee considers appropriate.

(3) The register may be kept in any form, including electronically, that the public trustee considers appropriate.

(4) The register may be kept in 1 or more parts, as the public trustee considers appropriate.

(5) The public trustee may remove a legal record from the register if satisfied that the legal record no longer has any effect.

(6) In this section:

enduring power of attorney—see the Powers of Attorney Act 2006, section 8.

legal record means—

(a) a will that is—

(i) drawn by the public trustee; or

(ii) deposited with the public trustee; or

(b) an enduring power of attorney that—

(i) appoints the public trustee as attorney; or

(ii) is deposited with the public trustee.

Note The Evidence Act 1995 (Cwlth), s 155 (Evidence of official records) applies to legal records kept on the register.

Part 1.9 Security Industry Act 2003

[1.17] Section 7 (1) (a) to (d)

substitute

(a) patrols, guards, watches or protects property (including cash in transit);

(b) guards with a firearm for cash in transit;

(c) guards with a firearm for protecting property;

(d) acts as a monitoring centre operator;

(da) guards with a dog;

(db) acts as a bodyguard;

(dc) acts as a security consultant;

(dd) acts as a crowd controller;

(de) sells security equipment;

(df) carries out surveys and inspections of security equipment;

(dg) gives advice about security equipment;

(dh) installs, maintains, monitors, repairs or services security equipment;

[1.18] Section 11 (1) and (2)

substitute

(1) Under this Act, licences are divided into 5 classes: master licences, employee licences, trainer licences, temporary licences and temporary visitor licences.

(2) Employee licences and temporary visitor licences are further divided into subclasses.

[1.19] Section 12 (2)

omit

or temporary licence

substitute

, a temporary licence or an employee temporary visitor licence

[1.20] New section 13 (1) (aa) to (ad)

insert

(aa) guard with a firearm for cash in transit;

(ab) guard with a firearm for protecting property;

(ac) act as a monitoring centre operator;

(ad) guard with a dog;

[1.21] Section 13 (1), new notes

insert

Note 1 A licence to guard with a firearm does not authorise the licensee to use a firearm (see s 16).

Note 2 A person must hold an appropriate ACT firearms licence to be eligible to be granted a licence to guard with a firearm (see s 24).

[1.22] New section 15A

insert

15A Temporary visitor licence

(1) A temporary visitor licence is a licence that authorises the licensee—

(a) to employ or provide people to carry on 1 or more of the security activities mentioned in subsection (3) for a special event (a master temporary visitor licence); or

(b) to carry on 1 or more of the security activities mentioned in subsection (3) for a special event (an employee temporary visitor licence).

Examples—special event

a sporting event, an entertainment event

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).

(2) However, a master temporary visitor licensee may only employ or provide a person to carry on a security activity for a special event if the person holds an employee licence, a trainer licence, a temporary licence or an employee temporary visitor licence.

(3) The following are security activities for a temporary visitor licence:

(a) patrol, guard, watch or protect property (including cash in transit);

(b) guard with a firearm for cash in transit;

(c) guard with a firearm for protecting property;

(d) act as a monitoring centre operator;

(e) guard with a dog;

(f) act as a bodyguard;

(g) act as a security consultant;

(h) act as a crowd controller;

(i) sell security equipment;

(j) carry out surveys and inspections of security equipment;

(k) give advice about security equipment;

(l) install, maintain, monitor, repair or service security equipment.

Note 1 A licence to guard with a firearm does not authorise the licensee to use a firearm (see s 16).

Note 2 A person must hold an appropriate ACT firearms licence to be eligible to be granted a licence to guard with a firearm (see s 24).

[1.23] Section 17 (3)

omit everything before (a), substitute

(3) The application, unless it is for a temporary visitor licence, must be accompanied by—

[1.24] Section 17 (4)

omit

or trainer licence

substitute

, trainer licence or temporary visitor licence

[1.25] Section 17 (4) (b)

after

master licence

insert

or master temporary visitor licence

[1.26] New section 17 (5)

insert

(5) An application for a temporary visitor licence must be made no later than 5 working days before the commencement of the special event to which it relates.

[1.27] Section 21 (1) (a) (i), note

omit

and trainer

substitute

, trainer and employee temporary visitor

[1.28] Section 21 (1) (a) (ii)

before

the applicant

insert

for a licence other than a temporary visitor licence—

[1.29] Section 21 (1) (a) (iia)

after

(a),

insert

(aa), (ab), (ac), (ad)

[1.30] New section 21 (1) (a) (v) and (vi)

insert

(v) for a master temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to employ or provide a person to carry on the activity authorised under the licence; and

(vi) for an employee temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to do the activity authorised under the licence; and

[1.31] Section 21 (3), definition of applicant, paragraph (a)

after

master licence

insert

or master temporary visitor licence

[1.32] Section 24

substitute

24 Eligibility for employee, trainer and employee temporary visitor licences

(1) A person is eligible to hold an employee, trainer or employee temporary visitor licence only if the person is an individual who—

(a) is employed by someone who holds a master licence or master temporary visitor licence; or

(b) is self-employed and holds a master licence or master temporary visitor licence.

(2) A person is eligible to hold an employee or employee temporary visitor licence to guard with a firearm only if the person satisfies the commissioner that he or she holds an appropriate ACT firearms licence.

[1.33] Section 25 (3) (b)

after

employee licence

insert

or an employee temporary visitor licence

[1.34] New section 29 (2)

insert

(2) A temporary visitor licence is issued for the period (stated in the licence) of the special event to which it relates.

[1.35] Section 42 (1) (a)

after

employee licence

insert

or an employee temporary visitor licence

[1.36] New section 42 (1) (b) (ia) to (ic)

insert

(ia) guard with a firearm for cash in transit;

(ib) guard with a firearm for protecting property;

(ic) guard with a dog;

[1.37] Section 42 (2) (a)

after

employee licence

insert

or an employee temporary visitor licence

[1.38] New section 42 (2) (b) (ia)

before section 42 (2) (b) (i), insert

(ia) act as a monitoring centre operator;

[1.39] Section 45 (1)

after

master licence

insert

or master temporary visitor licence

[1.40] Section 46 (1)

after

master licensees

insert

or master temporary visitor licensees

[1.41] Section 52 (2) (g)

after

master licences

insert

or master temporary visitor licences

[1.42] New part 7

insert

Part 7 Transitional—Justice and Community Safety Legislation Amendment Act 2010 (No 4)

70 Transitional—training

(1) This section applies to a person who—

(a) immediately before the commencement of this section, held an employee licence; and

(b) did one or more of the following activities under the licence:

(i) guard with a firearm for cash in transit;

(ii) guard with a firearm for protecting property;

(iii) act as a monitoring centre operator;

(iv) guard with a dog; and

(c) within 2 years after the commencement of this section, applies to the commissioner to vary the licence to have the subclass to which the activity relates endorsed on the licence.

(2) For the application, the licensee may be taken to have experience that is equivalent to satisfactory completion of a training course prescribed by regulation for the subclass.

71 Expiry—pt 7

This part expires 3 years after the day it commences.

[1.43] Dictionary, note 2

insert

• working day

[1.44] Dictionary, new definitions

insert

employee temporary visitor licence—see section 15A.

master temporary visitor licence—see section 15A.

temporary visitor licence—see section 15A.

Part 1.10 Security Industry Regulation 2003

[1.45] Table 8, new items 1A to 1D

insert

1A
guard with a firearm for cash in transit (the Act, s 13 (1) (aa))
Certificate III in Security Operations with electives about—
• controlling security risk situations using firearms; and
• controlling people using empty hand techniques; and
• implementing cash in transit security procedures; and
• undertaking cash in transit loading and unloading in an unsecured environment; and
• testing and inspecting cash in transit security equipment
Certificate in first aid (current)
1B
guard with a firearm for protecting property (the Act, s 13 (1) (ab))
Certificate III in Security Operations with electives about—
• security risk situations using firearms; and
• preparing and presenting evidence in court; and
• controlling people using empty hand techniques; and
• planning and conducting evacuations from premises;
Certificate in first aid (current)
1C
act as a monitoring centre operator (the Act, s 13 (1) (ac))
Statement of Attainment in Security Operations with electives about—
• communicating effectively in the security industry; and
• following workplace safety procedures in the security industry; and
• working as part of a security team; and
• providing security services to clients; and
• monitoring electronic reporting facilities
1D
guard with a dog (the Act, s 13 (1) (ad))
Certificate II in Security Operations with electives about—
• control and accesses to and exit from premises; and
• operating basic security equipment; and
• patrolling premises; and
• managing dogs for security functions; and
• handling dogs for security patrol

Part 1.11 Unclaimed Money Act 1950

[1.46] Section 2, note 1

substitute

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 ‘unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).’ means that the term ‘unclaimed amount’ is defined in that section for part 3.

[1.47] Part 4

omit

[1.48] New part 6

insert

Part 6 Transitional—Justice and Community Safety Legislation Amendment Act 2010 (No 4)

36 Transitional—payment of money to the Commissioner of Taxation

(1) This section applies to money which immediately before the commencement of this section—

(a) had been received by the Minister under part 4; and

(b) had not been paid by the Minister under part 4.

(2) The Minister must pay the money to the Commissioner of Taxation in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cwlth).

37 Expiry—pt 6

This part expires 3 months after the day it commences.

[1.49] Dictionary, definition of approved deposit fund

omit

[1.50] Dictionary, definition of Commonwealth Act

substitute

Commonwealth Act, for part 5 (Unclaimed RSA money)—see section 26.

[1.51] Dictionary, definitions of eligibility age, fund and regulated superannuation fund

omit

[1.52] Dictionary, definition of unclaimed amount

substitute

unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).

Part 1.12 Unit Titles Act 2001

[1.53] New section 49A

insert

49A Surrender of leases in units

(1) This section applies if—

(a) the owners corporation of a units plan applies, or intends to apply, under the Planning and Development Act 2007, section 254, for the grant of a further lease of the units and common property in the units plan; and

(b) an owner of a unit in the units plan has not surrendered the lease of the owner’s unit.

(2) The owners corporation may surrender the lease of the owner’s unit on behalf of the owner if—

(a) the owners corporation gives the owner 3 months written notice of the surrender; and

Note For how documents may be served, see the Legislation Act, pt 19.5.

(b) the owner does not give the owners corporation a written objection to the surrender; and

(c) after the end of the 3-month notice period, the surrender is authorised by an unopposed resolution.

(3) The owners corporation may also do anything on behalf of the owner that is necessary to make the surrender effective.

Example

The owners corporation may deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the surrender.

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).

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2010.

2 Notification

Notified under the Legislation Act on 2010.

3 Republications of amended laws

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





















© Australian Capital Territory 2010

 


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