JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT BILL 2010 (NO 2)

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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 2010 (NO 2)

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2010 (No 2)

Contents

Page

Part 1.1 ACT Civil and Administrative Tribunal Act 2008 3

Part 1.2 Associations Incorporation Act 1991 6

Part 1.3 Associations Incorporation Regulation 1991 6

Part 1.4 Cooperatives Act 2002 7

Part 1.5 Corrections Management Act 2007 7

Part 1.6 Crimes (Sentence Administration) Act 2005 8

Part 1.7 Director of Public Prosecutions Act 1990 8

Part 1.8 Domestic Violence Agencies Act 1986 9

Part 1.9 Guardianship and Management of Property Act 1991 9

Part 1.10 Human Rights Commission Act 2005 10

Part 1.11 Independent Competition and Regulatory Commission Act 1997 10

Part 1.12 Justices of the Peace Act 1989 11

Part 1.13 Legal Aid Act 1977 11

Part 1.14 Magistrates Court Act 1930 12

Part 1.15 Ombudsman Act 1989 14

Part 1.16 Powers of Attorney Act 2006 14

Part 1.17 Prostitution Act 1992 15

Part 1.18 Public Advocate Act 2005 17

Part 1.19 Public Trustee Act 1985 17

2010

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Justice and Community Safety Legislation Amendment Bill 2010 (No 2)

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 2010 (No 2).

2 Commencement

(1) Section 3 and schedule 1, part 1.1 (ACT Civil and Administrative Tribunal Act 2008) commence on the day after this Act’s notification day.

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

(2) The remaining provisions commence on the 28th day after this Act’s notification day.

3 Legislation amended

This Act amends the legislation mentioned in schedule 1.

Schedule 1 Legislation amended

(see s 3)

Part 1.1 ACT Civil and Administrative Tribunal Act 2008

[1.1] Section 94 (2)

substitute

(1A) Also, the Executive may appoint a person as a temporary presidential member of the tribunal.

(2) The Executive must not appoint a person under

subsection (1) or (1A) unless the person is a lawyer and has been a lawyer for 5 years or more.

[1.2] Section 96 (2)

substitute

(1A) Also, the Attorney-General may appoint a person to the tribunal as a temporary senior member or temporary ordinary member.

(2) The Attorney-General must not appoint a person under

subsection (1) or (1A) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of a senior or ordinary member.

[1.3] Section 96 (3)

omit

appointment of senior and ordinary members

substitute

appointment of non-presidential members

[1.4] Section 98 (1)

after

presidential member

insert

under section 94 (1)

[1.5] New section 98 (1A)

insert

(1A) The appointment of a person as a temporary presidential member under section 94 (1A) is for the term, not longer than 12 months, stated in the appointment.

[1.6] Section 98 (2)

after

non-presidential member

insert

under section 96 (1)

[1.7] New section 98 (2A)

before the note, insert

(2A) The appointment of a person as a temporary non-presidential member under section 96 (1A) is for the term, not longer than 12 months, stated in the appointment.

[1.8] Section 101

omit

[1.9] Section 103 heading

substitute

103 Presidential members not to do other work

[1.10] Section 103

after

presidential member

insert

appointed under section 94 (1)

[1.11] Dictionary, definition of non-presidential member

substitute

non-presidential member means a senior member or ordinary member of the tribunal appointed under section 96 (1) or a temporary senior member or temporary ordinary member of the tribunal appointed under section 96 (1A).

[1.12] Dictionary, definition of presidential member

substitute

presidential member means the general president, appeal president or another presidential member appointed under section 94 (1) or a temporary presidential member appointed under section 94 (1A).

Part 1.2 Associations Incorporation Act 1991

[1.13] Section 63 (2)

omit

an insolvent under administration within the meaning of the Corporations Act

substitute

bankrupt or personally insolvent

[1.14] Section 64 (2) (d)

substitute

(d) becomes bankrupt or personally insolvent; or

[1.15] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.3 Associations Incorporation Regulation 1991

[1.16] Schedule 1, section 16 (1) (e)

substitute

(e) becomes bankrupt or personally insolvent; or

Part 1.4 Cooperatives Act 2002

[1.17] Section 67 (1) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.18] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.5 Corrections Management Act 2007

[1.19] Section 61 (1) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.20] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.6 Crimes (Sentence Administration) Act 2005

[1.21] Section 178 (1) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.22] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.7 Director of Public Prosecutions Act 1990

[1.23] Section 28 (2) (a)

substitute

(a) becomes bankrupt or personally insolvent; or

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.24] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.8 Domestic Violence Agencies Act 1986

[1.25] Section 8 (3) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.26] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.9 Guardianship and Management of Property Act 1991

[1.27] Section 10 (2) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.28] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.10 Human Rights Commission Act 2005

[1.29] Section 29 (1) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.30] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.11 Independent Competition and Regulatory Commission Act 1997

[1.31] Schedule 2, section 2.5 (6)

substitute

(6) A commissioner ceases to hold office if the commissioner becomes bankrupt or personally insolvent.

[1.32] Schedule 3, section 3.9 (6)

substitute

(6) A member of a panel ceases to hold office if the member becomes bankrupt or personally insolvent.

[1.33] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.12 Justices of the Peace Act 1989

[1.34] Section 3B (1) (a)

substitute

(a) the person becomes bankrupt or personally insolvent; or

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

Part 1.13 Legal Aid Act 1977

[1.35] Section 52 (2) (a)

substitute

(a) becomes bankrupt or personally insolvent; or

[1.36] Section 60 (2) (a)

substitute

(a) becomes bankrupt or personally insolvent; or

[1.37] Section 78 (2) (a)

substitute

(a) becomes bankrupt or personally insolvent; or

[1.38] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.14 Magistrates Court Act 1930

[1.39] Section 89 heading

substitute

89 Indictable offences—issue of warrant for non-appearance

[1.40] New section 89 (1A)

insert

(1A) This section also applies if—

(a) subsection (1) (a), (b) and (e) apply in relation to a person; and

(b) the person appears before the court for the hearing of the information for the offence; and

(d) the person is told of the time and place of the adjourned or postponed hearing or further hearing; and

(e) the person does not appear before the court at the adjourned or postponed hearing or further hearing.

[1.41] New sections 112 and 112A

insert

112 Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing

(1) This section applies if—

(a) a defendant appears before the court for the hearing of an information for an offence; and

(b) the information is substantiated by the oath of the informant or a witness; and

(d) the defendant is told of the time and place of the adjourned or postponed hearing or further hearing; and

(e) the defendant does not appear before the court at the adjourned or postponed hearing or further hearing.

(2) The court may issue a warrant for the arrest of the defendant and to bring the defendant before the court at the adjourned or postponed hearing or further hearing.

112A Court may direct defendant to appear

(1) This section applies if—

(a) a summons is served on a defendant in relation to an information for an offence; and

(b) in accordance with the summons—the defendant appears before the court represented by a lawyer; and

(d) the information is substantiated by the oath of the informant or a witness.

(2) The court may at any time during the hearing—

(a) adjourn the hearing; and

(b) direct the defendant by written notice to attend personally before the court for any matter related to the hearing, at the time and place specified by the court.

(3) A notice under subsection (2) must be served in the same way as the service of a summons under section 41.

(4) If the defendant does not appear before the court in accordance with a notice under subsection (2), the court may issue a warrant for the arrest of the defendant and to bring the defendant before the court.

Part 1.15 Ombudsman Act 1989

[1.42] Section 28 (6)

substitute

(6) The Executive must remove the ombudsman from office if the ombudsman becomes bankrupt or personally insolvent.

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.43] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.16 Powers of Attorney Act 2006

[1.44] Section 14 (1) (b) and note

substitute

(b) a person who is bankrupt or personally insolvent.

[1.45] Section 62 (1) (b)

substitute

(b) the attorney becomes bankrupt or personally insolvent.

[1.46] Section 62 (2), note

omit

[1.47] Dictionary, note 2

insert

• bankrupt or personally insolvent

[1.48] Dictionary, definitions of bankrupt and personal insolvency agreement

omit

Part 1.17 Prostitution Act 1992

[1.49] Section 24

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.50] Section 25 heading

substitute

25 Providing or receiving commercial sexual services if infected

[1.51] Sections 25 and 26

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.52] Section 32 (2) (g)

omit

sexually transmitted diseases

substitute

sexually transmissible infections

[1.53] Schedule 2, item 7, column 3

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.54] Dictionary, definition of prophylactic

omit

sexually transmitted disease

substitute

sexually transmissible infection

[1.55] Dictionary, definition of sexually transmitted disease

substitute

sexually transmissible infection means—

(a) chancroid, chlamydial infection, donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum or syphilis; or

(b) an infection prescribed by regulation.

Part 1.18 Public Advocate Act 2005

[1.56] Section 7 (1) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.57] Dictionary, note 2

insert

• bankrupt or personally insolvent

Part 1.19 Public Trustee Act 1985

[1.58] Section 53 (2) (c)

substitute

Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

[1.59] Dictionary, note 2

insert

• bankrupt or personally insolvent

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2010.

2 Notification

Notified under the Legislation Act on 2010.

3 Republications of amended laws

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

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