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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 2002 (NO 2)
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment
Bill 2002 (No 2)
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment
Bill 2002 (No 2)
A Bill for
An Act to amend the law relating to justice and community safety, and for
other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Justice and Community Safety Legislation Amendment Act
2002 (No 2).
(1) Part 6 (Fire Brigade Act 1957) and part 7 (Fire Brigade
Regulations 1958) commence on the day after this Act’s notification
day.
(2) The remaining provisions commence on the 28th day after this
Act’s notification day.
Part
2 Administration and Probate Act
1929
This part amends the Administration and Probate Act 1929.
4 Interpretation
for ActSection 5 (1), new definition of
administration bond
insert
administration bond means a bond or guarantee, with or
without sureties, prescribed under the rules.
omit
6 Administration
pendente lite and receiverSection 23
(1)
omit
, and with or without a bond or sureties,
substitute
60 Proceedings under s 59 not to affect other
proceedings
A proceeding under section 59 does not—
(a) affect the right to proceed against the executor or administrator of
the estate for an account and administration; or
(b) stop the Supreme Court from making an order under the rules about the
administration bond for the estate.
8 Duties
of registrarSection 76
(2)
substitute
(2) The registrar may swear the applicant and each person making an
affidavit.
9 New
sections 79A and 79B
in part 5, insert
79A Orders to collect and administer estates for pt
5
For this part, a reference to an order to collect and administer an estate
includes a reference to an exemplification of an order to collect and
administer.
79B Inclusion of orders to collect and Scottish
confirmation
For this part, a reference to probate or administration includes a
reference to—
(a) an order to a curator or someone else to collect and administer an
estate; and
(b) a confirmation of the executor or someone else granted in a sheriff
court in Scotland.
substitute
80 Reseal of grant made in reciprocating
jurisdiction
Note Section 80A contains qualifications on the registrar’s
power under this section.
(1) This section applies if a court of competent jurisdiction in a
reciprocating jurisdiction has granted probate of a will, administration of an
estate or an order to collect and administer an estate.
(2) The registrar may seal the probate, administration or order if the
relevant person—
(a) produces the probate, administration or order to the registrar;
and
(b) deposits a copy with the registrar; and
(c) applies to the registrar to have it sealed with the seal of the
Supreme Court.
(3) The registrar may, at any time, refer an application under this
section to the Supreme Court.
(4) For subsection (2), each of the following is a relevant
person:
(a) for a probate of a will—
(i) the executor to whom the probate was granted; or
(ii) a person authorised by the executor, under a power of attorney, to
make the application; or
(iii) the executor, by representation, of the will;
(b) for administration of an estate—
(i) the administrator to whom the administration was granted; or
(ii) the person authorised by the administrator, under a power of
attorney, to make the application;
(c) for an order to collect and administer an estate—a public
trustee in the reciprocating jurisdiction to whom the order was
granted.
(5) In this section:
reciprocating jurisdiction means—
(a) a State; or
(b) a Commonwealth country; or
(c) a country, or part of a country, prescribed under the
regulations.
80A Registrar not to seal
(1) If a caveat against the sealing of a probate or administration has
been lodged with the registrar, the registrar must not seal the probate or
administration under section 80 unless the Supreme Court otherwise
orders.
(2) If the registrar refers an application to the Supreme Court under
section 80 (3), the registrar must not seal the probate, administration or order
to collect and administer an estate to which the application relates unless the
court otherwise orders.
80B Supreme Court may require
security
The Supreme Court may, before or after sealing a probate, administration or
order to collect and administer an estate under section 80 (Reseal of grant made
in reciprocating jurisdiction), require the applicant to give security for the
proper administration of the estate to which it relates.
80C Effect of sealing
(1) If a probate or administration is sealed under section 80 (Reseal of
grant made in reciprocating jurisdiction)—
(a) the probate or administration has the same effect as if it had been
originally granted by the Supreme Court; and
(b) the person who applied under section 80 must exercise the same
functions, and is subject to the same liabilities, as if the person had been
originally granted the probate or administration by the court.
(2) If an order to collect and administer an estate is sealed under
section 80, the person who applied under that section has the same functions,
and is subject to the same liabilities, as if the person was the public trustee
and the order was an order to collect and administer the estate granted to the
public trustee under section 88.
11 Seal
not to be attached until duty is paid
etcSection 82 (2)
substitute
(2) The administration must not be sealed until the administration bond
(if any) that would have been required if the administration had been originally
granted by the Supreme Court has been entered into.
12 Inclusion
of orders to collect and Scotch
confirmationSection 83
omit
Part
3 Consumer Credit (Administration) Act
1996
This part amends the Consumer Credit (Administration) Act
1996.
substitute
4 Exemption—banks
Division 2.2 (Provision of consumer credit) and division 2.3 (Registration
of consumer credit providers) do not apply to a bank.
in division 2.4, insert
18A Meaning of credit provider for div
2.4
In this division, to remove any doubt, a credit provider
includes the following:
(a) an unregistered credit provider;
(b) a credit provider whose registration is suspended;
(c) a bank;
(d) an entity that pretends to be a credit provider.
16 Disciplinary
actionSection 24 (1)
(f)
substitute
(f) disqualify the credit provider, or a stated defined influential person
in relation to the credit provider, from obtaining registration as a credit
provider or as a finance broker for the period stated in the notice of
disqualification under section 130.
17 New
section 24 (7) and (8)
insert
(7) If the commissioner gives a direction under subsection (1) (c), the
commissioner may extend the time for complying with the direction.
(8) The extension may be made—
(a) before or after the end of the time for compliance given in the
direction; and
(b) on application by the person directed or on the commissioner’s
own initiative.
substitute
24A Civil penalties—credit
providers
(1) This section applies if—
(a) a credit provider’s registration was or is suspended or
cancelled under this part; and
(b) the credit provider provides consumer credit to a debtor while the
registration is suspended or cancelled.
(2) This section also applies if—
(a) a credit provider is not, or was not, registered under this part nor
exempted under division 2.1 (Exemptions); and
(b) the commissioner has directed the credit provider to become registered
within a particular time; and
(c) the credit provider has not become registered, and not been exempted,
within the time; and
(d) the credit provider provides consumer credit to a debtor after the
time for complying with the direction while unregistered and not
exempted.
(3) If this section applies under subsection (1) or (2), the debtor is not
liable to pay an amount under the credit contract that would, apart from this
subsection, have been payable during the period of suspension or cancellation or
while the credit provider was unregistered and not exempted.
(4) An amount is recoverable by a debtor as a debt payable by a credit
provider if—
(a) under subsection (3), the debtor is not liable to pay the amount under
a credit contract; but
(b) the debtor has paid the amount.
(5) This section does not affect any liability of a person to be convicted
or found guilty of an offence.
(6) In this section, to remove any doubt, a credit provider
is a credit provider under section 18A.
omit everything before paragraph (a), substitute
29 Exemption—particular
entities
Division 3.2 (Finance broking) and division 3.3 (Registration of finance
brokers) do not apply to the following entities:
omit everything before paragraph (a), substitute
30 Exemption—finance broking in the course of
another business
Division 3.2 (Finance broking) and division 3.3 (Registration of finance
brokers) do not apply to a person (the exempt person) who carries
on a genuine business of selling land or supplying goods or services (whether as
principal or agent) if—
21 CommissionsNew
section 35 (6)
insert
(6) In this section:
commission, for a finance broking
transaction—
(a) means a commission from a debtor on behalf of whom the credit to which
the transaction relates is being sought; but
(b) does not include a commission from a credit provider in relation to
the transaction.
in division 3.4, insert
49A Meaning of finance broker for div
3.4
In this division, to remove any doubt, a finance broker
includes the following:
(a) an unregistered finance broker;
(b) a finance broker whose registration is suspended;
(c) an entity exempted under section 29 (Exemption—particular
entities) or section 30 (Exemption—finance broking in the course of
another business);
(d) an entity that pretends to be a finance broker.
23 Disciplinary
actionSection 55 (1)
(f)
substitute
(f) disqualify the finance broker, or a stated defined influential person
in relation to the finance broker, from obtaining registration as a finance
broker or credit provider for the period stated in the notice of
disqualification under section 130 (Notification of decisions).
24 New
section 55 (7) and (8)
insert
(7) If the commissioner gives a direction under subsection (1) (c), the
commissioner may extend the time for complying with the direction.
(8) The extension may be made—
(a) before or after the end of the time for compliance given in the
direction; and
(b) on application by the person directed or on the commissioner’s
own initiative.
substitute
55A Civil penalties—finance
brokers
(1) This section applies if—
(a) the registration of a finance broker was or is suspended or cancelled
under this part; and
(b) the finance broker is involved in finance broking and for that purpose
enters into a contract with a debtor while the registration is suspended or
cancelled.
(2) This section also applies if—
(a) a finance broker is or was not registered under this part nor exempted
under division 3.1 (Exemptions); and
(b) the commissioner has directed the finance broker to become registered
within a particular time; and
(c) the finance broker has not become registered, and not been exempted,
within the time; and
(d) the finance broker is involved in finance broking and for that purpose
enters into a contract with a debtor after the time for complying with the
direction while unregistered and not exempted.
(3) If this section applies under subsection (1) or (2), the debtor is not
liable to pay any amount under the contract.
(4) An amount is recoverable by a debtor as a debt payable by a finance
broker if—
(a) under subsection (3), the debtor is not liable to pay the amount under
a contract; but
(b) the debtor has paid the amount.
(5) This section does not affect any liability of a person to be convicted
or found guilty of an offence.
(6) In this section, to remove any doubt, a finance broker
is a finance broker under section 49A.
26 Review
of decisions—credit providersSection
128 (h)
substitute
(h) under section 24 (1) taking disciplinary action against a credit
provider; or
substitute
(j) under section 24 (1) not to take disciplinary action in relation to a
credit provider after inviting the credit provider to show cause why the action
should not be taken.
28 Review
of decisions—finance brokersSection
129 (h)
substitute
(h) under section 55 (1) taking disciplinary action against a finance
broker; or
substitute
(j) under section 55 (1) not to take disciplinary action in relation to a
finance broker after inviting the finance broker to show cause why the action
should not be taken.
30 Further
amendments, mentions of registered credit provider
omit
registered credit provider
substitute
credit provider
in
• section 19
• section 21
• section 22
• section 23
• section 24 (1) and (3)
31 Further
amendments, mentions of registered finance broker
omit
registered finance broker
substitute
finance broker
in
• section 50
• section 52
• section 53
• section 54
• section 55 (1) and (3)
Part
4 Fair Trading Act
1992
This part amends the Fair Trading Act 1992.
33 New
division 2.1 heading
insert
Division 2.1 False and misleading
conduct
34 New
division 2.2 and division 2.3 heading
after section 25, insert
Division 2.2 Pyramid
selling
25A Definitions for div 2.2
In this division:
new participant, in a pyramid selling scheme, includes a
person who has applied, or been invited, to participate in the scheme.
participant, in a pyramid selling scheme, means a person who
participates in the scheme.
participate, in a pyramid selling scheme,
means—
(a) establish or promote the scheme (whether alone or together with
another person); or
(b) take part in the scheme in any capacity (whether or not as an employee
or agent of a person who establishes or promotes the scheme, or otherwise takes
part in the scheme).
participation payment—see section 25C (1), definition
of pyramid selling scheme, paragraph (a).
payment, to a person or received by a person,
means—
(a) the provision of a financial or non-financial benefit to or for the
benefit of the person; or
(b) the provision of a financial or non-financial benefit partly to or for
the benefit of the person, and partly to or for the benefit of another
person.
pyramid selling scheme—see section 25C.
recruitment payment—see section 25C (1), definition of
pyramid selling scheme, paragraph (b).
25B Pyramid selling schemes—participation
prohibited
A person must not participate in a pyramid selling scheme.
25C What is a pyramid selling
scheme
(1) In this Act:
pyramid selling scheme means a scheme with both the following
characteristics:
(a) to take part in the scheme, some or all new participants must make a
payment (a participation payment) to another participant or
participants in the scheme;
(b) the participation payments are entirely or substantially induced by
the prospect held out to new participants that they will be entitled to a
payment (a recruitment payment) in relation to the introduction to
the scheme of further participants.
(2) A scheme may be a pyramid selling scheme—
(a) no matter who holds out to new participants the prospect of
entitlement to recruitment payments; and
(b) no matter who is to make recruitment payments to new participants;
and
(c) no matter who is to make introductions to the scheme of further new
participants.
(3) A scheme may be a pyramid selling scheme even if it has any or all of
the following characteristics:
(a) the participation payments may (or must) be made after the new
participants begin to take part in the scheme;
(b) making a participation payment is not the only requirement for taking
part in the scheme;
(c) the holding out of the prospect of entitlement to recruitment payments
does not give any new participant a legally enforceable right;
(d) arrangements for the scheme are not recorded in writing (whether
entirely or partly);
(e) the scheme involves the marketing of goods or services (or
both).
25D Marketing schemes—are they pyramid selling
schemes?
(1) To decide whether a scheme that involves the marketing of goods or
services (or both) is a pyramid selling scheme, a court may have regard to the
following matters in working out whether participation payments under the scheme
are entirely or substantially induced by the prospect held out to new
participants of entitlement to recruitment payments:
(a) the extent to which the participation payments bear a reasonable
relationship to the value of the goods or services that participants are
entitled to be supplied under the scheme (as assessed, if appropriate, by
reference to the price of comparable goods or services available
elsewhere);
(b) the emphasis given in the promotion of the scheme to the entitlement
of participants to the supply of goods and services by comparison with the
emphasis given to their entitlement to recruitment payments.
(2) Subsection (1) does not limit the matters to which the court may have
regard in working out whether participation payments are entirely or
substantially induced by the prospect held out to new participants of
entitlement to recruitment payments.
Division 2.3 Other
conduct
35 Pyramid
sellingSection 27
omit
Part
5 Fair Trading (Consumer Affairs) Act
1973
This part amends the Fair Trading (Consumer Affairs) Act
1973.
substitute
29 Orders by commissioner
(1) This section applies if a prescribed authority of the Commonwealth or
a State has, by order or other instrument (the interstate
order)—
(a) prohibited the supply of goods; or
(b) imposed conditions or restrictions on the supply of goods.
(2) The commissioner may, in writing, at any time while the interstate
order is in force, make a consumer product safety order—
(a) if the interstate order prohibits the supply of
goods—prohibiting the supply of the goods in the ACT; or
(b) if the interstate order imposes conditions or restrictions on the
supply of goods—imposing conditions or restrictions on the supply of the
goods in the ACT.
Note A power to make a statutory instrument includes the power to
amend or repeal the instrument (see Legislation Act, s 46).
(3) However, the commissioner must not make a consumer product safety
order under this section in relation to goods unless satisfied that it is
reasonable and necessary to make the order to prevent or reduce the risk of
injury to, or impairment of health of, someone because the person or someone
else has or is handling or using the goods.
(4) Also, the commissioner must not make a consumer product safety order
under this section in relation to goods if the Minister has made, or refused to
make, an interim safety order or consumer product safety order in relation to
the goods.
(5) A consumer product safety order made under this section may adopt an
interstate order as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or as at a particular
time, is taken to be a notifiable instrument if the operation of the
Legislation Act, s 47 (5) or (6) is not disapplied
(see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(6) A consumer product safety order made under this section in relation to
goods ends on the earlier of the following:
(a) if the order provides for its end—at the time stated by the
order for its end;
(b) the commencement of a consumer product safety order under section 27
in relation to the goods.
(7) Without limiting the powers implied by subsection (2), the Minister
may, in writing, amend or repeal a consumer product safety order made under this
section.
(8) A consumer product safety order made under this section is a
notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(9) In this section:
prescribed authority means—
(a) a Commonwealth or State Minister responsible for consumer affairs;
or
(b) a person appointed or authority established under a Commonwealth or
State law with functions equivalent, or substantially equivalent, to the
functions given to the Minister or commissioner under this part.
38 Notification
of decisionsSection 35
(1)
substitute
(1) The Minister must prepare a written notice of any of the following
decisions by the Minister:
(a) a decision under section 26 (3) to make, amend or repeal an interim
safety order;
(b) a decision under section 26 (7) to extend the period of effect of an
interim safety order;
(c) a decision under section 27 (1) to make, amend or repeal a consumer
product safety order;
(d) a decision under section 29 to amend or repeal a consumer product
safety order.
substitute
(6) The commissioner must prepare a written notice of a decision by the
commissioner under section 29 to make, amend or repeal a consumer product safety
order.
substitute
(8) The commissioner must prepare a written notice of a decision by the
commissioner under section 29 to refuse to make a consumer product safety
order.
omit
29 (1)
substitute
29
Part
6 Fire Brigade Act
1957
This part amends the Fire Brigade Act 1957.
insert
5 Chief officer to advise
If an entity consults with the chief officer under the Building
Regulations 1972, regulation 15 (Consultation and consent), the chief
officer must give the entity written advice assessing building
compliance.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Part
7 Fire Brigade Regulations
1958
44 Regulations
amended—pt 7
This part amends the Fire Brigade Regulations 1958.
substitute
3 Minister or authorised person may direct
installation of fire appliances
(1) The Minister may direct the owner of a commercial building to provide
or install in the building the fire appliance stated in the direction.
(2) The chief officer, or a person authorised in writing by the chief
officer to make inspections under this regulation, may enter a
building—
(a) to work out whether a direction under this regulation has been
complied with; or
(b) to inspect fire appliances provided or installed in the building under
a direction under this regulation.
(3) A person commits an offence if—
(a) the person knows that, or is reckless about the fact that, someone
else is the chief officer or a person authorised in writing by the chief officer
to make inspections under this regulation; and
(b) the person obstructs, hinders, intimidates or resists the other person
in the exercise of the person’s functions under subsection (2).
Maximum penalty: 10 penalty units.
(4) Strict liability applies to subregulation (3) (b).
Part
8 Instruments Act
1933
This part amends the Instruments Act 1933.
47 Payment
of determined feesSection
37A
omit
This part amends the Juries Act 1967.
substitute
11 Exempt people and people who may claim
exemption
(1) A person mentioned in schedule 2, part 2.1 is exempt from serving as a
juror.
(2) A person mentioned in schedule 2, part 2.2 may claim exemption from
serving as a juror.
insert
Schedule 2 Jury service
(see s 11)
Part 2.1 Exempt people
column 1
item
|
column 2
exempt people
|
1
|
a person exempt from serving as a juror under—
• the Jury Exemption Act 1965 (Cwlth), section 4 or
regulations under that section; or
• the Navigation Act 1912 (Cwlth), section 147; or
• the Air Navigation Regulations 1947 (Cwlth),
regulation 150
|
2
|
a magistrate or coroner
|
3
|
an employee of the government of a foreign country or of an international
organisation
|
4
|
the official secretary to the Governor-General
|
5
|
a practising lawyer or an employee of a practising lawyer
|
6
|
a practising doctor
|
7
|
a practising dentist
|
8
|
a practising pharmacist
|
9
|
a practising veterinary surgeon
|
10
|
a police officer
|
11
|
a person with full-time duties as a member of the fire brigade
|
12
|
a person living in the Jervis Bay Territory
|
13
|
a judge or master of the Supreme Court
|
14
|
a member of the Legislative Assembly or a member of staff of a member of
the Legislative Assembly who is an adviser or private secretary
|
15
|
a chief executive (in the public service)
|
16
|
a public servant in the staff of the following:
(a) the Supreme Court;
(b) the Magistrates Court
|
17
|
a public servant providing legal professional services in the staff of any
of the following:
(a) the Department of Justice and Community Safety;
(b) the Legal Aid Commission (A.C.T.);
(c) the Office of the Director of Public Prosecutions
|
18
|
a person holding any of the following positions in the Legislative
Assembly:
(a) clerk;
(b) deputy clerk;
(c) clerk assistant;
(d) sergeant-at-arms;
(e) editor of debates;
(f) secretary to a committee of the Assembly
|
19
|
a public servant exercising the functions of a social worker responsible to
the chief executive responsible for administering the Children and Young
People Act 1999, chapter 2 (General objects, principles and parental
responsibility)
|
20
|
a public servant holding a delegation under the Children and Young
People Act 1999, section 34 whose principal function is to direct and
control the provision of youth justice services in the ACT
|
21
|
the chief fire control officer or deputy fire control officer
|
22
|
an appointee under the Remand Centres Act 1976, section 6
or 6A
|
23
|
a community corrections officer under the Supervision of Offenders
(Community Service Orders) Act 1985
|
24
|
a person appointed as 1 of the following:
(a) a royal commission under the Royal Commissions Act 1991,
section 5;
(b) a board of inquiry under the Inquiries Act 1991, section 5;
(c) a member of a judicial commission under the Judicial Commissions
Act 1994, section 6
|
25
|
a public servant during the period the public servant is made available to
a royal commission, board of inquiry or judicial commission
|
26
|
the public servant holding the position of director of corrective
services
|
27
|
a public servant holding a position of manager of a detention centre under
the Periodic Detention Act 1995
|
28
|
a public servant holding a position of a superintendent under the Remand
Centres Act 1976
|
29
|
a public servant holding a position of a custodial officer under the
Remand Centres Act 1976 or the Periodic Detention
Act 1995
|
30
|
an employee at a place declared to be an attendance centre, institution or
shelter under the Children and Young People Act 1999, section
412
|
Part 2.2 People who may claim
exemption
column 1
item
|
column 2
people who may claim
exemption
|
1
|
a minister of religion
|
2
|
a practising member of a religious society or order the beliefs or
principles of which are incompatible with jury service
|
3
|
a professor, lecturer, schoolmaster or schoolteacher engaged in full-time
teaching of organised classes at a university, college or school
|
4
|
an editor of a newspaper
|
5
|
a practising nurse, including a nurse enrolled under the Nurses Act
1988
|
6
|
a household officer or member of staff of the Governor-General
|
7
|
a person who is 60 years old or older
|
Part
10 Law Officer Act
1992
This part amends the Law Officer Act 1992.
substitute
4 Functions of Attorney-General
omit
(1) The functions
substitute
The functions
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
substitute
5 Additional functions of
Attorney-General
The Attorney-General also has, in relation to the Territory, the
traditional functions, prerogatives and privileges of State Attorneys-General,
subject to this Act and any other Territory law.
5A Effect of Attorney-General’s functions on
certain litigation
To remove any doubt, the functions of the Attorney-General, including the
traditional functions, prerogatives and privileges of State Attorneys-General,
do not prevent, and are taken never to have prevented, a person authorised by
the Territory, or under a Territory law, from instituting or conducting
litigation mentioned in section 4 (d) (Functions of
Attorney-General).
Part
11 Leases (Commercial and Retail) Act
2001
This part amends the Leases (Commercial and Retail) Act
2001.
substitute
144 Power to grant relief
The Magistrates Court may, when acting within the jurisdiction given under
this Act, exercise any power to grant relief in relation to an application
before it that could be exercised by the court under the Magistrates Court
(Civil Jurisdiction) Act 1982 if the court had jurisdiction to hear the
application under that Act.
Part
12 Legal Practitioners Act
1970
This part amends the Legal Practitioners Act 1970.
substitute
91 Payment into trust bank
account
(1) A solicitor must pay all trust money received by the solicitor
into—
(a) the general trust bank account maintained by the solicitor;
or
(b) if the solicitor maintains 2 or more general trust bank
accounts—1 of the accounts.
(2) Trust money must be paid into the account as soon as practicable after
the solicitor receives it and, in any case, not later than 5 banking days
after the day the solicitor receives it.
(3) However, if trust money is paid by direct deposit or electronic
transfer into an account operated by the solicitor in relation to his or her
practice, the solicitor must pay the money into the account on the next banking
day after the day the solicitor becomes aware of the payment.
(4) This section does not apply to trust money to which section 92
applies.
60 Payments
from trust bank accountsSection 94
(1)
substitute
(1) A solicitor must not pay an amount out of a trust bank account
maintained by the solicitor for his or her practice except—
(a) by electronic transfer; or
(b) by a cheque marked ‘not negotiable’.
This part amends the Liquor Act 1975.
insert
40A Bar-rooms
(1) This section applies to premises—
(a) in relation to which a general, club, on or special licence is in
force; or
(b) in relation to which an application for a general, club, on or special
licence has been made.
(2) The relevant decision-maker must, in writing, decide which areas of
the premises are bar-rooms and which are not bar-rooms for this Act.
(3) The relevant decision-maker is taken to have decided under this
section that an area that was a bar-room for this Act immediately before the
commencement of this section is a bar-room.
(4) However, the decision need not be notified under section 174
(Notification of decisions).
(5) Subsections (3) and (4) are laws to which the Legislation Act, section
88 (Repeal does not end transitional or validating effect etc)
applies.
(6) Subsections (3) to (5) and this subsection expire 1 year after this
section commences.
63 Application
for alterationSection 94
(3)
omit
renumber subsections when Act next republished under Legislation Act
2001
65 Review
by administrative appeals tribunalNew
section 173 (ba)
insert
(ba) deciding an area is or is not a bar-room under section 40A;
or
renumber paragraphs when Act next republished under Legislation Act
2001
67 Dictionary,
definition of bar-room
substitute
bar-room, for licensed premises, means a part of the premises
that the relevant decision-maker has decided under section 40A (Bar-rooms)
is a bar-room.
Part
14 Magistrates Court Act
1930
This part amends the Magistrates Court Act 1930.
69 Regulations
about infringement notice offencessection
119 (1)
substitute
The regulations may prescribe an offence for the definition of
infringement notice offence in section 117 by—
(a) stating the offence; or
(b) referring to the provision creating the offence; or
(c) providing that all offences, or all offences except for stated
offences, against an Act or subordinate law are infringement notice
offences.
Part
15 Public Trustee Act
1985
This part amends the Public Trustee Act 1985.
71 Payment
of money etc to public trustee on behalf of person under
disabilitySection 25
(7)
omit
renumber subsections when Act next republished under Legislation Act
2001
insert
25A Amounts etc paid by trustee for person under
disability
(1) If an amount is paid to, or property is accepted by, the public
trustee under section 25 on behalf of a person under disability, the public
trustee must hold the amount or property on trust for the person.
(2) The public trustee may, subject to any direction of the Supreme
Court—
(a) pay an amount, or give property, to anyone the public trustee
considers appropriate, for the maintenance, education, advancement or benefit of
the person or a dependent of the person; and
(b) use the amount or property for the maintenance, education, advancement
or benefit of the person or a dependent of the person.
(3) If an amount is paid under subsection (2) (a), the public trustee need
not supervise the use of the amount.
Part
16 Supreme Court Act
1933
This part amends the Supreme Court Act 1933.
insert
49A Access to details of address
(1) For the exercise of the registrar’s functions, the registrar
may, in writing, ask a relevant person to give the registrar any details held by
the person about an address of a stated person who is liable to pay a fine
imposed by the Supreme Court.
(2) The relevant person must comply with the request as far as
practicable.
(3) In this section:
relevant person means—
(a) the commissioner for housing; or
(b) the chief police officer; or
(c) the chief executive (however described) of a government
agency.
This part amends the Trustee Act 1925.
in part 1, insert
5 Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 51A (4) (Information etc for Minister).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty
units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
5A Treatment of unincorporated entities named in
trusts
(1) This section applies if an unincorporated entity is named in an
instrument establishing a trust.
(2) For this Act, the people who make up the entity from time to time are
taken to have been individually named in the instrument.
(3) To remove any doubt, this section does not apply to the interpretation
of the instrument establishing the trust.
78 New
sections 51A and 51B
insert
51A Information etc for Minister
(1) This section applies if it appears to the Minister that a trustee may
be contravening, or may have contravened—
(a) this Act; or
(b) a Territory law relevant to its activities under this Act;
or
(c) a legal obligation as a trustee.
(2) The Minister may, in writing, ask the trustee to give the Minister,
within a stated reasonable time, stated information, or written statements,
about—
(a) the affairs of the trust; or
(b) the activities of the trustee as trustee.
(3) A requirement under this section may describe the information or
statements asked for generally.
(4) The trustee commits an offence if—
(a) the Minister asks the trustee for information or written statements
under this section; and
(b) the trustee fails to give the Minister the information or written
statements within the reasonable time stated in the request.
Maximum penalty: 200 penalty units.
(5) An offence against this section is a strict liability
offence.
51B Minister may require inquiry
etc
(1) The Minister may, in writing, authorise a stated person to do 1 or
more of the following:
(a) inquire into the activities of a trustee as trustee;
(b) audit a trustee’s books and accounts (including books and
accounts of or in relation to any estate, trust or property managed or
administered by the trustee).
(2) An authority under this section may be general or relate to a
particular matter.
substitute
70 New trustees
(1) The Supreme Court may, on application by a relevant person or on its
own initiative, make 1 or more of the following orders in relation to a
trust:
(a) an order removing a trustee;
(b) an order replacing a trustee;
(c) an order appointing a trustee, or an additional trustee.
Note Words in the singular number include words in the plural (see
Legislation Act, s 145).
(2) The Supreme Court may make any other order in relation to the trust
the court considers appropriate.
(3) The Supreme Court may make an order under this section only if
satisfied the order is appropriate—
(a) in the interests of the people (whether or not identified) who are to
benefit from the trust; or
(b) to advance a purpose of the trust.
(4) The Supreme Court need not find a fault or inadequacy on the part of a
trustee before making an order under this section.
(5) Each of the following is a relevant person to make an
application under subsection (1) in relation to a trust:
(a) the Attorney-General;
(b) a trustee of the trust;
(c) a beneficiary of the trust;
(d) for a trust established completely or partly for charitable
purposes—
(i) a person named in the instrument establishing the trust as someone who
must, or may, be consulted before the distribution or use of property (including
money) for the purposes of the trust; or
(ii) a person who has received property (including money) from the
trustees for the purposes of the trust; or
(iii) a person in a class of people the trust is intended to
benefit;
(e) a person who satisfies the Supreme Court that the person has a
relevant interest in the trust.
(6) An order under this section, and any consequential vesting order or
conveyance, does not operate further or otherwise as a discharge to a former or
continuing trustee than an appointment of new trustees under a power for that
purpose in an instrument would have operated.
(7) This section does not give the Supreme Court a power to appoint an
executor or administrator.
substitute
94A Applications to Supreme
Court
(1) A relevant person may apply to the Supreme Court for relief in
relation to the administration of a trust for charitable purposes
if—
(a) there is a breach, or the person suspects there is a breach, of the
trust; or
(b) the person is satisfied that a direction or order of the court is
necessary for the administration or management of the trust or to the advantage
or benefit of the trust.
(2) The application must set out—
(a) the breach or suspected breach and the relief sought; or
(b) the necessary direction or order and why it is necessary.
(3) Each of the following is a relevant person for this
section:
(a) the Attorney-General;
(b) a trustee of the trust;
(c) a beneficiary of the trust;
(d) a person named in the instrument establishing the trust as someone who
must, or may, be consulted before the distribution or use of property (including
money) for the purposes of the trust;
(e) a person who received property (including money) from the trustees for
the purposes of the trust;
(f) a person in a class of people the trust is intended to
benefit;
(g) a person who satisfies the Supreme Court that the person has a
relevant interest in the trust.
insert
106 Consideration of advice etc by certain
trustees
(1) This section applies to the trustee of a trust established completely
or partly for charitable purposes.
(2) The trustee must, when administering the trust, consider any relevant
information, representation or advice given to the trustee in writing by a
relevant person.
(3) Each of the following is a relevant person:
(a) a person named in the instrument establishing the trust as someone
entitled to, or who may, receive property (including money) for the purposes of
the trust;
(b) a person named in the instrument establishing the trust as someone who
must, or may, be consulted before the distribution or use of property (including
money) for the purposes of the trust;
(c) a person who received property (including money) from the trustees for
the purposes of the trust;
(d) a person in a class of people the trust is intended to
benefit.
Part
18 Unclaimed Moneys Act
1950
This part amends the Unclaimed Moneys Act 1950.
83 Delegation
by the TreasurerSection
3A
omit
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2002
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