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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Marisa Paterson)
Evidence (Miscellaneous Provisions) Amendment Bill 2024
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Evidence (Miscellaneous Provisions) Amendment Act 2024
.
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
, s 75 (1)).
3 Legislation amended
This Act amends the
.
4 Meaning of sexual offence proceeding—ch 4
Section
41, definition of sexual offence proceeding,
new paragraphs (d) and (e)
insert
(d) a proceeding for an offence against any of the following provisions of
the
if the offence involves a suspected or alleged sexual assault or any other act of a sexually offensive, intimidating or humiliating nature:
(i) section 31 (Negligence or reckless conduct—category 1);
(ii) section 32 (Failure to comply with health and safety duty—category 2);
(iii) section 33 (Failure to comply with health and safety duty—category 3); or
(e) a proceeding in relation to a dispute about liability for an infringement notice issued under the Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011
for an offence against the Work Health and Safety Act 2011
, section 38 (1) that involves a sexual assault incident.
5 New section 41 (2)
insert
(2) In this section:
sexual assault incident—see the Work Health and Safety Act 2011
, section 37A.
6 Definitions—pt 4.2
Section 42, definition of
complainant
substitute
complainant, in relation to a proceeding for an offence—
(a) means a person—
(i) against whom the offence is alleged, or has been found, to have been committed; and
(ii) for a family violence offence proceeding—who is also a family member of the accused person; and
(b) for a sexual offence proceeding—includes a person against whom a sexual assault or an act of a sexually offensive, intimidating or humiliating nature is suspected or alleged, or has been found, to have been committed.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 28 August 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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