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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2013 (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:
This Act is the Justice and Community Safety Legislation Amendment Act 2013 (No 4).
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the legislation mentioned in schedule 1.
Schedule 1 Legislation amended
(see s 3)
in division 2.2, insert
11A Coroner for matter not available
(1) This section applies if a person who is a coroner constituting a court in a particular matter ceases to hold office as a coroner, or ceases to be available, before the coroner finishes dealing with the matter.
(2) The Chief Coroner must arrange for another coroner to constitute the court in the matter.
(3) The other coroner may deal with the matter as the other coroner considers appropriate.
Example
deal with the matter afresh
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).
(4) In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a coroner in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
insert
(3A) If the coroner reports to the Attorney-General under this section, the coroner must give a copy of the report to the responsible Minister.
after 2nd mention of
report
insert
(the 6-month period)
omit
Executive’s
substitute
Attorney-General’s and responsible Minister’s
[1.5] New section 57 (5) and (6)
insert
(5) However, if the Attorney-General is of the opinion that it will not be reasonably practicable to comply with subsection (4) on a sitting day during the 6-month period—
(a) the Attorney-General must give the report and response, and a copy for each member of the Legislative Assembly, to the Speaker before the end of the 6-month period; and
(b) the report and response are taken for all purposes to have been presented to the Legislative Assembly on the day the Attorney-General gives them to the Speaker (the report day); and
(c) the Speaker must arrange for a copy of the report and response to be given to each member of the Legislative Assembly on the report day; and
(d) despite paragraph (b), the Speaker must present the report and response to the Legislative Assembly––
(i) on the next sitting day after the end of the 6-month period; or
(ii) if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.
(6) In this section:
responsible Minister means the Minister responsible for the matter that is the subject of the inquest or inquiry to which a report under this section relates.
Speaker includes—
(a) if the Speaker is unavailable—the Deputy Speaker; and
(b) if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—the Speaker or Deputy Speaker is unavailable if—
(a) he or she is absent from duty; or
(b) there is a vacancy in the office of Speaker or Deputy Speaker.
substitute
Part 9 Witness expenses and other amounts
substitute
98 Witness expenses
A coroner may allow a witness who gives evidence before the coroner, whether
or not the witness was subpoenaed to attend, witness expenses assessed in
accordance with the
, schedule 4.
insert
• clerk
• Deputy Speaker
• sitting day
• Speaker
Part 1.2 Magistrates Court Act 1930
in part 2.1, insert
5A Magistrate for matter not available
(1) This section applies if a person who is a magistrate constituting the court in a particular civil matter, ceases to hold office as a magistrate, or ceases to be available, before the magistrate finishes dealing with the matter.
(2) The Chief Magistrate must arrange for another magistrate to constitute the court in the matter.
(3) The other magistrate may deal with the matter as the other magistrate considers appropriate.
Example
deal with the matter afresh
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).
(4) In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a magistrate in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
substitute
(6) However, the sound recording of any part of the following proceedings must not be erased unless a transcript of the record of that part of the proceeding has been prepared:
(a) a proceeding in which a person charged with an indictable offence is committed to trial before the Supreme Court;
(b) a proceeding in which evidence is taken under a request mentioned in section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters).
Part 1.3 Residential Tenancies Act 1997
omit
$50 000
substitute
$250 000
Part 1.4 Road Transport (General) Act 1999
omit
by
substitute
before
omit
by
substitute
before
omit
by
substitute
before
Part 1.5 Victims of Crime Act 1994
omit
$10
substitute
$30
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 8 August 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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