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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2016 (No 3)
A Bill for
An Act to amend legislation about 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 2016 (No 3)
.
(1) Schedule 1, part 1.8 (Residential Tenancies Act 1997
), amendment 1.17 commences on the later of—
(a) the commencement of the Residential Tenancies Legislation Amendment Act 2016
, section 5; and
(b) the commencement of this Act, section 3.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Schedule 1, part 1.8 (Residential Tenancies Act 1997
), amendment 1.18 commences on the later of—
(a) the commencement of the Residential Tenancies Legislation Amendment Act 2016
, section 24; and
(b) the commencement of this Act, section 3.
(3) The remaining provisions commence on the 7th day after this Act’s notification day.
This Act amends the legislation mentioned in schedule 1.
Schedule 1 Legislation amended
(see s 3)
Part 1.1 Civil Unions Act 2012
substitute
27 Recognition of civil unions under corresponding laws
(1) A corresponding law relationship is a civil union for territory law.
(2) A relationship is a corresponding law relationship if it—
(a) complies with subsection (3); or
(b) is a relationship under a law of a State, external territory or foreign country prescribed by regulation.
(3) A relationship complies with this subsection if—
(a) either—
(i) the people in the relationship may not marry each other under the Marriage Act 1961
(Cwlth); or
(ii) the relationship is not recognised as a valid marriage under that Act; and
(b) it is registered or formally recognised under a law of a State, external territory or foreign country that provides for the registration or formal recognition of a relationship that meets the following requirements:
(i) it must be between 2 adults;
(ii) it must be entered into consensually;
(iii) it must not be entered into by people who are in a prohibited relationship with each other;
(iv) it must not be entered into by a person who is already married;
(v) it must not be entered into by a person who is already in a relationship that is registered or formally recognised under that law.
omit everything before paragraph (a), substitute
(5) If the responsible Minister receives a report under subsection (4) that contains findings about any serious risks to public safety, the Minister must—
insert
(5A) If the report contains information that could reasonably identify a deceased person, before presenting the report, the responsible Minister may deidentify the information if the Minister considers it appropriate to do so, having regard to—
(a) the interests of the members of the immediate family of the deceased person; and
(b) the risk to public safety; and
(c) whether or not it is in the public interest.
Part 1.3 Guardianship and Management of Property Act 1991
after
revokes
insert
or suspends
substitute
Note The ACAT may revoke the enduring power of attorney, or part of it, under s 62 (2) (c), or suspend the enduring power of attorney, or part of it, under s 62 (2) (ca).
after
revoked
insert
or suspended
insert
(ca) suspend the enduring power of attorney, or part of it; or
insert
(5) If the ACAT suspends an enduring power of attorney, the ACAT may appoint a guardian or manager for the person who was the principal for the power for the period of the suspension.
Part 1.4 Human Rights Act 2004
omit
Attorney-General
substitute
Minister
omit
Attorney-General’s
substitute
Minister’s
insert
• Minister (see s 162)
Part 1.5 Human Rights Commission Act 2005
omit
Attorney-General
substitute
Minister
Part 1.6 Information Privacy Act 2014
substitute
(1) A public sector agency may enter into a government contract only if the contract contains appropriate contractual measures to ensure that the contracted service provider, and any subcontractor for the contract, does not do an act or engage in a practice (a contravening act), that breaches either of the following:
(a) a TPP, or a TPP code that binds the agency;
(b) a corresponding privacy law applicable to the contracted service provider or any subcontractor.
insert
corresponding privacy law means—
(a) the
(Cwlth); or
(b) a law of a State, external territory or foreign country prescribed by regulation.
[1.15] Schedule 2, part 2.1, item 1, column 2, third dot point
omit
[1.16] Schedule 2, part 2.2, new item 5A
insert
5A
|
a person regularly employed by an airline in the capacity of operating
crew
|
Part 1.8 Residential Tenancies Act 1997
[1.17] Section 8 (2), definition of break lease clause
omit
permitted
substitute
provided for
omit
or division 4.4
substitute
, division 4.4 or division 6.5A
Part 1.9 Terrorism (Extraordinary Temporary Powers) Act 2006
omit
the human rights commissioner has reported to the Attorney-General the results of a review under the Human Rights Act 2004
, section 41 (a)
substitute
the human rights commission has reported to the Minister the results of a
review under the
, section 41 (1) (a)
insert
• human rights commission
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 15 December 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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