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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 2003 (NO 2)
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and
Community Safety Legislation Amendment Bill 2003
(No 2)
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community
Safety Legislation Amendment Bill 2003 (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
2003 (No 2).
This Act commences on the 14th 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—pt 2
This part amends the Agents Act 2003.
4 Agents
must not obtain beneficial interest in
landSection 86 (3)
omit
5 Salespeople
must not obtain beneficial interest in
landSection 87 (3)
omit
substitute
168 Review of reviewable
decisions
(1) The following people may apply to the consumer and trader tribunal for
a review of a reviewable decision of a relevant person:
(a) a person mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
(2) In this section:
relevant person means—
(a) for a reviewable decision mentioned in schedule 1, column 3, items 1
to 17—the commissioner for fair trading; or
(b) for a reviewable decision mentioned in schedule 1, column 3, item
18—the chief executive.
7 Keeping
of agents’ recordsSection
202
omit
Agents Act 1959
substitute
Agents Act 1968
Part
3 Consumer Credit Act
1995
8 Legislation
amended—pt 3
This part amends the Consumer Credit Act 1995.
9 Definitions
for ActSection 3
insert
annual percentage rate, for part 3A (Maximum annual
percentage rate and disclosure)—see section 8A.
code, for part 3A (Maximum annual percentage rate and
disclosure)—see section 8A.
contract document, for part 3A (Maximum annual percentage
rate and disclosure)—see section 8A.
credit, for part 3A (Maximum annual percentage rate and
disclosure)—see section 8A.
credit contract, for part 3A (Maximum annual percentage rate
and disclosure)—see section 8A.
credit fees and charges, for part 3A (Maximum annual
percentage rate and disclosure)—see section 8A.
short-term credit contract, for part 3A (Maximum annual
percentage rate and disclosure)—see section 8A.
insert
Part 3A Maximum annual percentage rate and
disclosure
8A Definitions for pt 3A
In this part:
annual percentage rate—see the code, section 25
(Definitions relating to interest).
code means the Consumer Credit (Australian Capital Territory)
Code.
contract document—see the code, schedule 1 (Principal
definitions), clause 1 (1).
credit—see the code, section 4 (1).
credit contract—see the code, section 5.
credit fees and charges—see the code, schedule 1
(Principal definitions), clause 1 (1).
short-term credit contract means—
(a) a contract for the provision of credit to which the code applies that
is limited to a total period not longer than 62 days; or
Note For contracts for the provision of credit to which the code
does not apply, see the code, s 7 (1) (Short term credit).
(b) a contract prescribed under the regulations.
8B Maximum annual percentage
rate
(1) The regulations may prescribe a maximum annual percentage rate for
credit contracts.
(2) For a short-term credit contract, the regulations may require interest
charges, and all credit fees and charges, under the contract to be included for
the purpose of working out the maximum annual percentage rate.
(3) The code, part 2 (Credit contracts), division 2 (Debtor’s
monetary obligations) applies in relation to a maximum annual percentage rate
prescribed under subsection (1) as if the rate had been prescribed by the
code.
8C Disclosure of cost of credit
(1) This section applies to a short-term credit contract.
(2) For the code, section 15 (C) (Annual percentage rate or rates), the
contract document must state an annual percentage rate worked out on the basis
of charges under the contract that are interest charges (whether or not they are
described in the contract as interest charges).
(3) For the code, section 15 (E) (Total amount of interest charges
payable), the total amount of interest charges payable under the contract
includes an amount that is an interest charge (whether or not it is described in
the contract as an interest charge).
(4) For the code, section 14 (Precontractural disclosure), the
precontractual statement must also set out the matters mentioned in subsections
(2) and (3).
11 Maximum
annual percentage rateSection
10
omit
Part
4 Consumer Credit Regulations
1996
12 Legislation
amended—pt 4
This part amends the Consumer Credit Regulations 1996.
13 Maximum
annual percentage rateRegulation
5
omit
section 10 (1)
substitute
section 8B (1)
Part
5 Cooperatives Act
2002
14 Legislation
amended—part 5
This part amends the Cooperatives Act 2002.
15 Application
for transfer of registration etcSection 307
(1) (e)
substitute
(e) a corporation incorporated, registered or otherwise established under
a law of the Commonwealth, or a State, Territory or foreign country, that is
prescribed under the regulations for this section.
substitute
375 Registrar to be told of certain changes in
relation to foreign cooperatives
(1) A foreign cooperative commits an offence if—
(a) the foreign cooperative is registered under section 373 (Registration
of foreign cooperative); and
(b) a notifiable change happens in relation to the foreign cooperative;
and
(c) the foreign cooperative fails to file with the registrar particulars
of the change, accompanied by any documents prescribed under the regulations,
within 28 days after the day the notifiable change happens.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
notifiable change, in relation to a foreign cooperative,
means a change in—
(a) the rules or constitution of the foreign cooperative; or
(b) the directors of the foreign cooperative; or
(c) the agents of the foreign cooperative (or their addresses);
or
(d) the person appointed as the person on whom notices and legal process
may be served on behalf of the foreign cooperative; or
(e) the address of the registered office in the ACT or elsewhere of the
foreign cooperative; or
(f) the name under which the foreign cooperative carries on
business.
17 Deputy
registrar and other staffSection 430
(1)
substitute
(1) The chief executive may appoint a deputy registrar and assistant
registrars.
Note For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
Part
6 Cooperatives Regulations
2003
18 Legislation
amended—pt 6
This part amends the Cooperatives Regulations 2003.
insert
Part 8A Mergers, transfers of engagements
and winding-up
26A Application for transfer of
registration—Act, s 307 (1) (e)
A cooperative may apply to become registered or incorporated as a
corporation established under the Aboriginal Councils and Associations Act
1976 (Cwlth).
Part
7 Fair Trading Act
1992
20 Legislation
amended—pt 7
This part amends the Fair Trading Act 1992.
21 Offences
against pt 2Section 41
(1)
omit everything from
who
to
a provision
substitute
who contravenes a provision
omit
renumber subsections when Act next republished under Legislation
Act
Part
8 Magistrates Court (Civil
Jurisdiction) Act 1982
24 Legislation
amended—pt 8
This part amends the Magistrates Court (Civil Jurisdiction) Act
1982.
25 Definitions
for pt 22Section 394, definition of debt
declaration
substitute
debt declaration, in relation to proceedings, means an order
declaring that—
(a) the applicant is or is not indebted to the respondent; or
(b) the applicant is or is not indebted to the respondent in a stated
amount; or
(c) the applicant is or is not indebted to the respondent in an amount
that is more than a stated amount.
substitute
461 Debt
declarations—orders
The Small Claims Court may make a debt declaration in a proceeding on an
application for a debt declaration.
Part
9 Protection Orders Act
2001
27 Legislation
amended—pt 9
This part amends the Protection Orders Act 2001.
28 Service
of non-emergency ordersSection 33 (2) and
note
substitute
(2) Service under subsection (1) (a) must be personal service
unless—
(a) the respondent is present when the protection order is made;
or
(b) the Magistrates Court makes an order under section 98 (If service
impracticable or impossible).
Note See pt 11 (Service) for service of the order if personal
service is not required.
Part
10 Security Industry Act
2003
29 Legislation
amended—pt 10
This part amends the Security Industry Act 2003.
substitute
37 Review of reviewable
decisions
An applicant for a licence or variation to a licence may apply to the
consumer and trader tribunal for a review of a reviewable decision of the
commissioner for fair trading in relation to the licence.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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