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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 2013 (NO 4)

2013

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2013 (No 4)



Contents

Page

Part 1.1Coroners Act 19973

Part 1.2Magistrates Court Act 19307

Part 1.3Residential Tenancies Act 19978

Part 1.4Road Transport (General) Act 19998

Part 1.5Victims of Crime Act 19949

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:

1 Name of Act

This Act is the Justice and Community Safety Legislation Amendment Act 2013 (No 4).

2 Commencement

This Act commences on the 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.

Schedule 1 Legislation amended

(see s 3)

Part 1.1 Coroners Act 1997

[1.1] New section 11A

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.

[1.2] New section 57 (3A)

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.

[1.3] Section 57 (4) (a)

after 2nd mention of

report

insert

(the 6-month period)

[1.4] Section 57 (4) (b)

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.

[1.6] Part 9 heading

substitute

Part 9 Witness expenses and other amounts

[1.7] Section 98

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 Court Procedures Rules 2006

, schedule 4.

[1.8] Dictionary, note 2

insert

• clerk

• Deputy Speaker

• sitting day

• Speaker

Part 1.2 Magistrates Court Act 1930

[1.9] New section 5A

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.

[1.10] Section 316 (6)

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

[1.11] Section 78 (3), note

omit

$50 000

substitute

$250 000

Part 1.4 Road Transport (General) Act 1999

[1.12] Section 44 (3) (b)

omit

by

substitute

before

[1.13] Section 44A (3) (b)

omit

by

substitute

before

[1.14] Section 84 (3) (b)

omit

by

substitute

before

Part 1.5 Victims of Crime Act 1994

[1.15] Section 24 (2)

omit

$10

substitute

$30

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 8 August 2013.

2 Notification

Notified under the Legislation Act

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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