2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 ACT Civil and Administrative Tribunal Act 2008 3

Part 1.2 ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 4

Part 1.3 Legal Profession Act 2006 4

Part 1.4 Magistrates Court Act 1930 6

Part 1.5 Security Industry Act 2003 6

Part 1.6 Security Industry Regulation 2003 7

Part 1.7 Trustee Companies Act 1947 8

Part 1.8 Utilities Act 2000 11

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

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 2009 (No 4).

(1) The following provisions commence on a day fixed by the Minister by written notice:

• schedule 1, part 1.5 (Security Industry Act 2003)

• schedule 1, part 1.6 (Security Industry Regulation 2003)

• schedule 1, part 1.7 (Trustee Companies Act 1947).

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

(2) The remaining provisions commence on the later of—

(a) the commencement of the Justice and Community Safety Legislation Amendment Act 2009 (No 3), part 1.2 (ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009); and

(b) the day after this Act’s notification day.

(3) If a provision of this Act has not commenced within 2 years beginning on its notification day, it automatically commences on the first day after that period.

(4) The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

This Act amends the legislation mentioned in schedule 1.

(1) This section applies if—

(a) a territory entity makes an application to the ACAT in a quarter; and

(b) no filing fee is paid for the application because of the operation of the Legislation Act, section 121 (Binding effect of Acts).

(2) The territory entity must, at the end of the quarter, pay to the ACAT trust account an amount equal to the filing fee for the application.

(3) In this section:

territory entity includes—

(a) the Territory; or

(b) a Minister; or

(c) an administrative unit; or

(d) a territory instrumentality; or

(e) any other territory authority.

(1) A person must not publish an account or report of an application under this part if the account or report—

(a) discloses the identity of the person who is the subject of the complaint to which the application relates (the person concerned); or

(b) allows the identity of the person concerned to be worked out.

(2) However, the identity of the person concerned may be disclosed in an account or report of the application if—

(a) a final decision has been made that the person concerned is guilty of the conduct complained of; and

(b) either—

(i) the appeal period has ended and no appeal has been made; or

(ii) any appeal has been decided against the person concerned.

(3) In this section:

appeal means an appeal from a decision by the tribunal under the ACT Civil and Administrative Tribunal Act 2008, section 79.

appeal period means the period within which an appeal may be made.

Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).

(1) This section applies if a person (the first person)—

(a) was represented in an application in the ACAT by someone else (the second person) under the ACT Civil and Administrative Tribunal Act 2008, section 30; and

(b) the ACAT made a money order or non-money order in favour of the first person; and

(c) the first person enforces the order in the Magistrates Court under the Court Procedures Rules 2006, part 2.18 (Enforcement).

(2) The second person may represent the first person in the enforcement proceeding in the Magistrates Court.

(iia) for an application for an employee licence—the applicant has obtained appropriate information from an employee organisation about workplace rights and responsibilities under Commonwealth and territory law relevant to people in the security industry; and

• minimum wages and conditions

• employment agreements

• termination of employment agreements

• workplace safety

Note 1 Employee organisation—see the dictionary.

Note 2 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).

employee organisation means an organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth).

Note A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

For an application for an employee licence—an application must be accompanied by a certificate from an employee organisation certifying that the information under the Act, section 21 (1) (a) (iia) has been provided to the applicant.

(1) For this Act, a trustee company includes a company authorised under a law of a State or Territory to act as executor, administrator and trustee in the State or Territory immediately before 1 January 2010.

(2) This section expires—

(a) 12 months after the day it commences; or

(b) if, before 12 months after the day it commences, another day is prescribed by regulation—on that day.

trustee company means a company prescribed under the Corporations Act, section 601RAB.

Note A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

(2) The annual licence fee for a particular utility is the amount considered by ICRC to be a reasonable contribution towards the costs incurred, or expected to be incurred—

(a) by the following in the exercise of functions, in the ACT or elsewhere, in relation to utility services:

(i) ICRC;

(ii) the chief executive under part 5 (Technical regulation) on behalf of the Territory; and

(b) by the ACAT in hearing and deciding matters to which a utility is a party.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.