2003 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2003 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Cooperatives Act 2002 3 Act amended--pt 2 3 4 Transfer of engagements by direction of registrar Section 305 (2) (a) 3 5 Winding-up on registrar's certificate Section 315 (1) 3 6 Appointment of administrator Section 325 (4) 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 7 New section 338A 4 Part 3 Fair Trading Act 1992 8 Act amended--pt 3 6 9 New section 51AA 6 Part 4 Fair Trading (Consumer Affairs) Act 1973 10 Act amended--pt 4 7 11 Consumer product safety standards New section 25 (3) and (4) 7 12 Section 42 8 13 Regulation-making power Section 43 9 14 New section 43 (2) 9 Part 5 Leases (Commercial and Retail) Act 2001 15 Act amended--pt 5 10 16 Jurisdiction Section 144 (3) 10 Part 6 Legal Practitioners Act 1970 17 Act amended--pt 6 11 18 Unclaimed moneys Section 200 (1) 11 Part 7 Second-hand Dealers Act 1906 19 Act amended--pt 7 12 20 Issue of licences New section 3 (1) (ba) 12 21 Section 3 (1) 12 22 Dealers must be licensed New section 4 (3) to (6) 12 23 Name of dealer etc to be displayed on premises Section 5 13 contents 2 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 8 Second-hand Dealers Regulations 2002 24 Regulations amended--pt 8 14 25 Exempt entities--Act, s 4 (2) Regulation 5A (1) 14 26 New regulation 5B 14 27 Dictionary, definition of exempt entity 14 Part 9 Trade Measurement (Administration) Act 1991 28 Act amended--pt 9 15 29 Penalty notices Section 13 15 Justice and Community Safety Legislation contents 3 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2003 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: Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 Part 1 Preliminary 1 1 Name of Act 2 This Act is the Justice and Community Safety Legislation 3 Amendment Act 2003. 4 2 Commencement 5 This Act commences on the day after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 page 2 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cooperatives Act 2002 Section 3 Part 2 Cooperatives Act 2002 1 3 Act amended--pt 2 2 This part amends the Cooperatives Act 2002. 3 4 Transfer of engagements by direction of registrar 4 Section 305 (2) (a) 5 omit 6 section 338 7 substitute 8 section 338A 9 5 Winding-up on registrar's certificate 10 Section 315 (1) 11 omit 12 section 338 13 substitute 14 section 338A 15 6 Appointment of administrator 16 Section 325 (4) 17 omit 18 section 338 19 substitute 20 section 338A 21 Justice and Community Safety Legislation page 3 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 7 New section 338A 1 in division 12.7, insert 2 338A Grounds for winding-up, transfer of engagements, 3 appointment of administrator 4 (1) This section applies to the following actions: 5 (a) a direction by the registrar to a cooperative to transfer its 6 engagements under section 305; 7 (b) the appointment of an administrator of a cooperative under 8 division 12.5; 9 (c) the winding-up of a cooperative on a certificate of the registrar 10 under section 315. 11 (2) The necessary grounds for the taking of action to which this section 12 applies exist if the registrar certifies-- 13 (a) that the number of members is reduced to less than the 14 minimum number of people allowed, as mentioned in 15 section 69; or 16 (b) that the cooperative has not begun business within 1 year of 17 registration or has suspended business for longer than 18 6 months; or 19 (c) that the registration of the cooperative has been obtained by 20 mistake or fraud; or 21 (d) that the cooperative exists for an illegal purpose; or 22 (e) that the cooperative has intentionally, and after notice from the 23 registrar, breached a provision of this Act or the rules of the 24 cooperative; or 25 page 4 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cooperatives Act 2002 Section 7 (f) that the board of the cooperative has, after notice from the 1 registrar, failed to ensure that the rules of the cooperative 2 contain active membership provisions in accordance with 3 part 6; or 4 (g) that there are, and have been for 1 month immediately before 5 the date of the registrar's certificate, insufficient directors of 6 the cooperative to form a quorum as provided under the rules 7 of the cooperative; or 8 (h) following an inquiry under the provisions of this Act into the 9 affairs of a cooperative or the working and financial condition 10 of a cooperative, that in the interests of members or creditors of 11 the cooperative or the public the action should be taken. 12 (3) Alternatively, the necessary grounds for the winding-up of a 13 cooperative on a certificate of the registrar exist if the registrar 14 certifies-- 15 (a) that the period (if any) fixed under the cooperative's rules for 16 its duration has ended; or 17 (b) that a winding-up event stated in the certificate has happened. 18 (4) In this section: 19 winding-up event means an event on the happening of which the 20 regulations or the cooperative's rules provide that the cooperative 21 must be wound up. 22 Justice and Community Safety Legislation page 5 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 8 Part 3 Fair Trading Act 1992 1 8 Act amended--pt 3 2 This part amends the Fair Trading Act 1992. 3 9 New section 51AA 4 after section 51, insert 5 51AA Power of Magistrates Court for pt 4 6 The power of the Magistrates Court to make an order (including the 7 power to grant an injunction) under this part includes the power to-- 8 (a) make preliminary and procedural orders and give interlocutory 9 directions; and 10 (b) make orders to enforce relief, redress or a remedy. 11 page 6 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Section 10 Part 4 Fair Trading (Consumer 1 Affairs) Act 1973 2 10 Act amended--pt 4 3 This part amends the Fair Trading (Consumer Affairs) Act 1973. 4 11 Consumer product safety standards 5 New section 25 (3) and (4) 6 insert 7 (3) A consumer product safety standard may apply, adopt or incorporate 8 a law of another jurisdiction or an instrument, or a provision of a 9 law of another jurisdiction or an instrument, as in force from time to 10 time. 11 Note 1 The text of an applied, adopted or incorporated law or instrument, 12 whether applied as in force from time to time or at a particular time, is 13 taken to be a notifiable instrument if the operation of the Legislation 14 Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)). 15 Note 2 A notifiable instrument must be notified under the Legislation Act. 16 (4) In this section: 17 law of another jurisdiction--see the Legislation Act, 18 section 47 (10). 19 Justice and Community Safety Legislation page 7 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 12 Section 42 1 substitute 2 41A Public warning statements 3 (1) The Minister or the commissioner may make or issue a public 4 statement identifying and giving warnings or information about any 5 of the following: 6 (a) goods that the Minister or commissioner reasonably considers 7 are unsatisfactory or dangerous and people who supply the 8 goods; 9 (b) services that the Minister or commissioner reasonably 10 considers are supplied in an unsatisfactory way and people 11 who supply the services; 12 (c) commercial practices that the Minister or commissioner 13 reasonably considers are unfair and people who engage in the 14 practices; 15 (d) anything else that the Minister or commissioner reasonably 16 considers adversely affects or may adversely affect the 17 interests of people in relation to the acquisition by them of 18 goods or services from suppliers. 19 (2) The statement may identify particular goods, services, business 20 practices and people. 21 (3) The Minister or the commissioner may make or issue a statement 22 under this section only if satisfied that it is in the public interest to 23 do so. 24 page 8 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Section 13 42 Immunity from liability for certain statements 1 (1) The Territory, the Minister, a member of an advisory committee or 2 the product safety advisory committee, the commissioner, an 3 investigator or a person acting under the direction or control of the 4 commissioner is not civilly liable for a statement, notice or report 5 made or issued honestly by a person in the exercise of functions 6 under this Act. 7 (2) This section does not deprive a person of any defence the person 8 might have relied on apart from this section. 9 (3) To remove any doubt, a statement, notice or report made or issued 10 by the Minister, an advisory committee, the product safety advisory 11 committee or the commissioner for the information of the public is a 12 public document for the Civil Law (Wrongs) Act 2002, section 61 13 (Publication of public document) and the Defamation (Criminal 14 Proceedings) Act 2001, section 31. 15 13 Regulation-making power 16 Section 43 17 omit 18 The Executive 19 substitute 20 (1) The Executive 21 14 New section 43 (2) 22 insert 23 (2) The regulations may create offences for contraventions of the 24 regulations and fix maximum penalties of not more than 20 penalty 25 units for offences against the regulations. 26 Justice and Community Safety Legislation page 9 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 Part 5 Leases (Commercial and 1 Retail) Act 2001 2 15 Act amended--pt 5 3 This part amends the Leases (Commercial and Retail) Act 2001. 4 16 Jurisdiction 5 Section 144 (3) 6 substitute 7 (3) The Magistrates Court may, when acting within the jurisdiction 8 given under this Act-- 9 (a) exercise any power that could be exercised by the court under 10 the Magistrates Court (Civil Jurisdiction) Act 1982 as if the 11 court had this jurisdiction under that Act; and 12 (b) exercise any other power necessary or convenient for the 13 exercise of this jurisdiction, including the power to-- 14 (i) make preliminary and procedural orders and give 15 interlocutory directions; and 16 (ii) make orders to enforce relief, redress or a remedy. 17 page 10 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legal Practitioners Act 1970 Section 17 Part 6 Legal Practitioners Act 1970 1 17 Act amended--pt 6 2 This part amends the Legal Practitioners Act 1970. 3 18 Unclaimed moneys 4 Section 200 (1) 5 omit 6 chief executive 7 substitute 8 public trustee 9 Justice and Community Safety Legislation page 11 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 19 Part 7 Second-hand Dealers Act 1906 1 19 Act amended--pt 7 2 This part amends the Second-hand Dealers Act 1906. 3 20 Issue of licences 4 New section 3 (1) (ba) 5 insert 6 (ba) the person would not contravene a Territory law or 7 Commonwealth law if the person carried on business as a 8 second-hand dealer while licensed; and 9 21 Section 3 (1) 10 renumber paragraphs when Act next republished under 11 Legislation Act 12 22 Dealers must be licensed 13 New section 4 (3) to (6) 14 insert 15 (3) The commissioner may, in writing, exempt a named entity from 16 subsection (1) if satisfied that it is appropriate to do so because-- 17 (a) the entity carries on business as a second-hand dealer 18 infrequently or irregularly; and 19 (b) exempting the entity would not undermine the purposes of this 20 Act. 21 (4) Before exempting an entity, the commissioner must consult with the 22 chief police officer. 23 page 12 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Second-hand Dealers Act 1906 Section 23 (5) The power to exempt a named entity under this section does not 1 include the power to exempt a class of entities. 2 (6) An exemption under subsection (3) is a notifiable instrument. 3 Note A notifiable instrument must be notified under the Legislation Act. 4 23 Name of dealer etc to be displayed on premises 5 Section 5 6 omit 7 at least 10cm high 8 substitute 9 not smaller than the height prescribed under the regulations 10 Justice and Community Safety Legislation page 13 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 Part 8 Second-hand Dealers 1 Regulations 2002 2 24 Regulations amended--pt 8 3 This part amends the Second-hand Dealers Regulations 2002. 4 25 Exempt entities--Act, s 4 (2) 5 Regulation 5A (1) 6 insert 7 Note In these regulations, exempt entity includes an entity exempted by the 8 commissioner under the Act, s 4 (3) (see dict). 9 26 New regulation 5B 10 5B Requirement for displayed lettering--Act, s 5 11 The height is 5cm. 12 27 Dictionary, definition of exempt entity 13 substitute 14 exempt entity means an entity-- 15 (a) exempted under regulation 5A; or 16 (b) exempted by the commissioner under the Act, section 4 (3). 17 page 14 Justice and Community Safety Legislation Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Trade Measurement (Administration) Act 1991 Section 28 Part 9 Trade Measurement 1 (Administration) Act 1991 2 28 Act amended--pt 9 3 This part amends the Trade Measurement (Administration) Act 4 1991. 5 29 Penalty notices 6 Section 13 7 omit 8 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 2003 Justice and Community Safety Legislation page 15 Amendment Bill 2003 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au