2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Associations Incorporation Act 1991 3 Legislation amended--pt 2 3 4 Cancellation of incorporation Section 93 (1) (d) and (e) 3 J2009-258 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 3 Charitable Collections Act 2003 5 Legislation amended--pt 3 4 6 What is a collection New section 7 (3) (fa) 4 Part 4 Charitable Collections Regulation 2003 7 Legislation amended--pt 4 5 8 What are not collections--Act, s 7 (3) (g) Section 6 (1) (d) 5 Part 5 Domestic Violence and Protection Orders Regulation 2009 9 Legislation amended--pt 5 6 10 Section 58 heading 6 11 Section 58 (2) 6 12 Section 58 (3) 6 Part 6 Door-to-Door Trading Act 1991 13 Legislation amended--pt 6 7 14 Contracts to which Act applies Section 4 (4) (b) 7 15 Requirements in relation to prescribed contracts Section 7 (1) (c) 7 16 Section 7 (1) (f) and (g) 8 17 Section 7 (2) 9 18 New section 7 (2A) 9 19 Cooling-off period--acceptance of consideration, supply of services Section 8 (2) 9 20 Section 8 (3) 10 21 Duties of dealers New section 10 (2A) 10 22 Section 10 (3) 10 23 Restitution Section 14 (1) (b) (ii) 10 contents 2 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 7 Firearms Act 1996 24 Legislation amended--pt 7 11 25 Adult firearms licences--mandatory suspension Section 80 (1) (b) 11 26 Minors firearms licences--mandatory suspension Section 97 (1) (b) 11 27 Composite entity firearms licences--mandatory suspension Section 119 (1) (b) 11 28 Temporary recognition of interstate licences for international visitors-- shooting or paintball competitions Section 140 (5) 12 29 Schedule 2, part 2.2, new item 1A 12 Part 8 Firearms Regulation 2008 30 Legislation amended--pt 8 13 31 People exempt from Act--Act, s 272 (2) (r) Section 73A 13 32 Dictionary, note 2, 2nd dot point 13 Part 9 Legal Aid Act 1977 33 Legislation amended--pt 9 14 34 Constitution of commission Section 7 14 35 Powers of commission Section 9 (2) 14 36 New part 3 14 37 Section 32 16 38 Payments to private legal practitioners Section 32AA (2) 20 39 Section 32AA (4) 20 40 New part 5A 21 41 Qualifications for appointment Section 50 (2) 24 42 Section 50 (3) 24 43 Section 58 24 Justice and Community Safety Legislation Amendment Bill contents 3 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 44 Delegation of commission's power to appoint Section 62 24 45 Personnel management Section 68A (2) (a) 24 46 New section 90 25 47 Section 94 heading 25 48 Section 94 (1) 25 49 Section 98 26 50 New part 14 26 51 Dictionary, note 2 27 52 Dictionary, new definition of board 27 53 Dictionary, definition of commissioner 27 Part 10 Machinery Act 1949 54 Legislation amended--pt 10 28 55 Inspectors of machinery Section 4 (1), except notes 28 Part 11 Magistrates Court Act 1930 56 Legislation amended--pt 11 29 57 Section 7F 29 58 Division 3.4.2 30 Part 12 Prohibited Weapons Act 1997 59 Legislation amended--pt 12 36 60 Application of Act New section 4 (1) (aa) 36 Part 13 Regulatory Services Legislation Amendment Act 2008 61 Legislation amended--pt 13 37 62 Section 26 37 Part 14 Remuneration Tribunal Act 1995 63 Legislation amended--pt 14 38 contents 4 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 64 Schedule 1, part 1.2 38 Part 15 Residential Tenancies Act 1997 65 Legislation amended--pt 15 39 66 New section 64A 39 Part 16 Supreme Court Act 1933 67 Legislation amended--pt 16 40 68 Section 44 40 Justice and Community Safety Legislation Amendment Bill contents 5 2009 (No 2) 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 2009 (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: J2009-258 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Justice and Community Safety Legislation 4 Amendment Act 2009 (No 2). 5 2 Commencement 6 This Act commences on the 28th day after its notification day. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). page 2 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Associations Incorporation Act 2 1991 3 3 Legislation amended--pt 2 4 This part amends the Associations Incorporation Act 1991. 5 4 Cancellation of incorporation 6 Section 93 (1) (d) and (e) 7 substitute 8 (d) has not during the last 3 years convened an annual general 9 meeting of the association in accordance with this Act; or 10 (e) has not lodged an annual return with the registrar-general in 11 relation to each of the last 2 years; or 12 (ea) has lodged an annual return with the registrar-general in 13 relation to each of the last 3 years and for each one of those 14 returns an auditor, in the course of the auditor's duties to 15 examine the association's accounting records and other 16 records, has stated that he or she is unable to determine if the 17 return complies with this Act; Justice and Community Safety Legislation Amendment Bill page 3 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 Part 3 Charitable Collections Act 2003 2 5 Legislation amended--pt 3 3 This part amends the Charitable Collections Act 2003. 4 6 What is a collection 5 New section 7 (3) (fa) 6 insert 7 (fa) receiving money or a benefit by an entity that-- 8 (i) is not solicited by the entity; or 9 (ii) is not received by the entity because of a collection 10 conducted by the entity; page 4 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 Part 4 Charitable Collections 2 Regulation 2003 3 7 Legislation amended--pt 4 4 This part amends the Charitable Collections Regulation 2003. 5 8 What are not collections--Act, s 7 (3) (g) 6 Section 6 (1) (d) 7 omit Justice and Community Safety Legislation Amendment Bill page 5 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 Part 5 Domestic Violence and 2 Protection Orders Regulation 3 2009 4 9 Legislation amended--pt 5 5 This part amends the Domestic Violence and Protection Orders 6 Regulation 2009. 7 10 Section 58 heading 8 substitute 9 58 Representation by Legal Aid ACT 10 11 Section 58 (2) 11 omit 12 Legal Aid Office (A.C.T.) 13 substitute 14 Legal Aid ACT 15 12 Section 58 (3) 16 substitute 17 (3) For this section: 18 Legal Aid ACT--see the Legal Aid Act 1977, section 94 19 (Commission to operate as Legal Aid ACT). page 6 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 Part 6 Door-to-Door Trading Act 1991 2 13 Legislation amended--pt 6 3 This part amends the Door-to-Door Trading Act 1991. 4 14 Contracts to which Act applies 5 Section 4 (4) (b) 6 substitute 7 (b) a contract, or part of a contract, exempted (with or without 8 conditions) from the operation of this Act by regulation. 9 Note 1 A reference to an Act includes a reference to a provision of an Act (see 10 Legislation Act, s 7 (3)). 11 Note 2 A reference to an Act includes a reference to the statutory instruments 12 made or in force under the Act, including any regulation (see 13 Legislation Act, s 104). 14 Note 3 Power to make a statutory instrument includes power to make different 15 provision for different categories (see Legislation Act, s 48). 16 15 Requirements in relation to prescribed contracts 17 Section 7 (1) (c) 18 substitute 19 (c) the making of the contract must be completed-- 20 (i) for a contract that is not made over the telephone--by the 21 consumer signing the contract after it has been executed 22 by or on behalf of the supplier; and Justice and Community Safety Legislation Amendment Bill page 7 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 (ii) for a contract that is made over the telephone--by the 2 recording of the consent of the consumer to be bound by 3 the contract, by the supplier or a person acting on behalf 4 of the supplier, either in writing or, with the consent of 5 the consumer, using a recording device; 6 16 Section 7 (1) (f) and (g) 7 substitute 8 (f) for a contract that is not made over the telephone--the contract 9 must contain the statement `THIS CONTRACT IS SUBJECT 10 TO A COOLING-OFF PERIOD OF 10 DAYS' printed in 11 upper case in type not smaller than 18 point directly above the 12 place provided for the signature of the consumer; 13 (fa) for a contract that is made over the telephone--the dealer must 14 give the consumer the following as soon as practicable after the 15 contract has been made: 16 (i) a copy of the contract; 17 (ii) a cooling-off statement which states that the consumer 18 may rescind the contract before the end of the cooling-off 19 period if the consumer gives the dealer notice of the 20 rescission within the period; 21 (g) for a contract that is not made over the telephone--subject to 22 subsection (2), the dealer must give the consumer the following 23 immediately before the making of the contract: 24 (i) a notice explaining the right of the consumer to rescind 25 the contract; and 26 (ii) a notice that may be used by the consumer to rescind the 27 contract; page 8 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 1 (ga) for a contract that is made over the telephone--subject to 2 subsection (2A), the dealer must give the consumer the 3 following as soon as practicable after the contract has been 4 made: 5 (i) a notice explaining the right of the consumer to rescind 6 the contract; and 7 (ii) a notice that may be used by the consumer to rescind the 8 contract; 9 17 Section 7 (2) 10 omit 11 Before giving the notice 12 substitute 13 For a contract that is not made over the telephone--before giving 14 the notice 15 18 New section 7 (2A) 16 insert 17 (2A) For a contract that is made over the telephone--before the consumer 18 consents to be bound by the contract, the dealer must read the notice 19 mentioned in subsection (1) (ga) (i) aloud to the consumer. 20 Maximum penalty: $2 000. 21 19 Cooling-off period--acceptance of consideration, supply 22 of services 23 Section 8 (2) 24 omit Justice and Community Safety Legislation Amendment Bill page 9 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 20 1 20 Section 8 (3) 2 omit 3 or (2) 4 21 Duties of dealers 5 New section 10 (2A) 6 insert 7 (2A) A dealer who telephones a person for the purpose of negotiating a 8 contract to which this Act applies or for an incidental or related 9 purpose must, as soon as practicable during the telephone call, tell 10 the person the following: 11 (a) the purpose of the telephone call; 12 (b) the dealer's full name and address; 13 (c) if the dealer is not the supplier--the supplier's full name and 14 address. 15 22 Section 10 (3) 16 omit 17 contravenes subsection (2) 18 substitute 19 contravenes subsection (2) or (2A) 20 23 Restitution 21 Section 14 (1) (b) (ii) 22 omit 23 in contravention of this Act page 10 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 Part 7 Firearms Act 1996 2 24 Legislation amended--pt 7 3 This part amends the Firearms Act 1996. 4 25 Adult firearms licences--mandatory suspension 5 Section 80 (1) (b) 6 substitute 7 (b) an offence against a law of a State, another Territory or New 8 Zealand corresponding to a domestic violence offence. 9 26 Minors firearms licences--mandatory suspension 10 Section 97 (1) (b) 11 substitute 12 (b) an offence against a law of a State, another Territory or New 13 Zealand corresponding to a domestic violence offence. 14 27 Composite entity firearms licences--mandatory 15 suspension 16 Section 119 (1) (b) 17 substitute 18 (b) an offence against a law of a State, another Territory or New 19 Zealand corresponding to a domestic violence offence. Justice and Community Safety Legislation Amendment Bill page 11 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 28 1 28 Temporary recognition of interstate licences for 2 international visitors--shooting or paintball competitions 3 Section 140 (5) 4 omit 5 is taken 6 substitute 7 is not taken 8 29 Schedule 2, part 2.2, new item 1A 9 insert 1A member of a police service or possessing or using firearm for taking part in force of a foreign country a training activity-- (a) conducted by the Australian Federal Police; and (b) carried out in the ACT page 12 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 30 1 Part 8 Firearms Regulation 2008 2 30 Legislation amended--pt 8 3 This part amends the Firearms Regulation 2008. 4 31 People exempt from Act--Act, s 272 (2) (r) 5 Section 73A 6 omit 7 32 Dictionary, note 2, 2nd dot point 8 omit Justice and Community Safety Legislation Amendment Bill page 13 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 33 1 Part 9 Legal Aid Act 1977 2 33 Legislation amended--pt 9 3 This part amends the Legal Aid Act 1977. 4 34 Constitution of commission 5 Section 7 6 omit 7 35 Powers of commission 8 Section 9 (2) 9 omit 10 section 32 (5), (6) and (7) 11 substitute 12 section 31C (1) and (2) 13 36 New part 3 14 insert 15 Part 3 Board of commission 16 14 Establishment of board of commission 17 A board of the commission is established. page 14 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 36 1 15 Functions of board 2 The functions of the board are-- 3 (a) to determine the broad policies, priorities and strategies of the 4 commission for the provision of legal assistance under this 5 Act; and 6 (b) to ensure that the commission's affairs are managed in 7 accordance with this Act. 8 16 Constitution of board 9 (1) The board consists of the following members (each of whom is a 10 commissioner): 11 (a) the president of the commission; 12 (b) the chief executive officer; 13 (c) 5 other members of whom-- 14 (i) 1 member represents the Minister; and 15 (ii) 1 member is chosen from a panel of not less than 16 3 people nominated by the council of the bar association; 17 and 18 (iii) 1 member is chosen from a panel of not less than 19 3 people nominated by the council of the law society; and 20 (iv) 1 member is chosen from a panel of not less than 21 3 people nominated by the executive committee of the 22 Council of Social Service of the Australian Capital 23 Territory; and 24 (v) 1 member has expertise in financial management; 25 (d) 1 member who has qualifications, training or experience that 26 will enable the member to give other specialist assistance to the 27 commission in the exercise of its functions. Justice and Community Safety Legislation Amendment Bill page 15 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 1 (2) The Minister must appoint the members of the board other than the 2 chief executive officer. 3 (3) However, the Minister must only appoint a member mentioned in 4 subsection (1) (d) if, in the opinion of the Minister, the commission 5 requires specialist assistance in the exercise of its functions. 6 Note 1 For the making of appointments (including acting appointments), see 7 the Legislation Act, pt 19.3. 8 Note 2 In particular, an appointment may be made by naming a person or 9 nominating the occupant of a position (see Legislation Act, s 207). 10 Note 3 Certain Ministerial appointments require consultation with a Legislative 11 Assembly committee and are disallowable (see Legislation Act, 12 div 19.3.3). 13 (4) A person appointed as a member by the Minister is appointed on a 14 part-time basis. 15 37 Section 32 16 substitute 17 31B Arranging for services of private legal practitioners 18 (1) If the commission provides legal assistance to a person by arranging 19 for the services of a private legal practitioner, the commission may 20 only select a practitioner who is included in a panel established 21 under section 31E (1) (a listed practitioner) to provide that 22 assistance. 23 (2) In selecting a listed practitioner to act for a legally assisted person, 24 the principal considerations that the commission must take into 25 account are the interests of the person and the person's preference 26 (if any) for a particular listed practitioner. page 16 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 1 (3) The commission must, after taking into account the considerations 2 mentioned in subsection (2), ensure that selection of a listed 3 practitioner to provide legal assistance is made as equitably as 4 possible having regard to-- 5 (a) the nature of the listed practitioner's legal practice; and 6 (b) the practitioner's experience. 7 31C Fees for services of private legal practitioners 8 (1) The fees the commission pays for services provided by private legal 9 practitioners to legally assisted people must as far as practicable-- 10 (a) consist of fixed amounts for the performance of particular 11 services; and 12 (b) be less than the ordinary professional cost of those services. 13 (2) However, the commission must consult, and take into account the 14 views of, the following bodies when determining the fees it will pay 15 for services provided by private legal practitioners to legally assisted 16 people: 17 (a) the council of the law society; 18 (b) the council of the bar association. 19 31D Record of services provided by private legal practitioners 20 The commission must-- 21 (a) keep a record of the number and type of matters in which 22 private legal practitioners provide services to legally assisted 23 people under this Act; and 24 (b) make the record available for inspection on request by the law 25 society or bar association. Justice and Community Safety Legislation Amendment Bill page 17 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 1 31E Panels of private legal practitioners 2 (1) The commission may establish panels of private legal practitioners 3 to provide legal assistance in accordance with the commission's 4 function under section 8 (2). 5 (2) A panel may be established for matters generally, or particular kinds 6 of matter, or matters before particular courts or tribunals, for which 7 legal assistance may be granted under this Act. 8 (3) A practitioner who wishes to be included in a panel established 9 under this section must apply to the commission in a way approved 10 by the commission. 11 (4) The commission may-- 12 (a) appoint practitioners to a panel in accordance with the criteria 13 determined under subsection (5); and 14 (b) suspend, remove or exclude practitioners from a panel on the 15 grounds determined under subsection (7) (b); and 16 (c) impose conditions on the reappointment of a practitioner who 17 has been suspended, removed or excluded, which in the 18 opinion of the commission are: 19 (i) appropriate under the circumstances; and 20 (ii) in keeping with the requirements determined under 21 subsection (7) (c). 22 (5) The commission may determine criteria for the appointment of 23 practitioners to a panel. 24 (6) Without limiting subsection (5), the criteria may include criteria 25 about any of the following matters: 26 (a) a practitioner's skills, qualifications and experience; page 18 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 1 (b) a practitioner's agreement to comply with the requirements 2 stated by the commission in relation to any of the following: 3 (i) practice standards; 4 (ii) reporting and accountability; 5 (iii) compliance audits. 6 (7) The commission may determine the following: 7 (a) the period for which practitioners are appointed to a panel; 8 (b) the grounds on which a practitioner may be suspended, 9 removed or excluded from a panel; 10 (c) the requirements, if any, for reappointment of a practitioner to 11 a panel. 12 (8) A determination by the commission under this section is a notifiable 13 instrument. 14 Note A notifiable instrument must be notified under the Legislation Act. 15 31F Compliance audits 16 (1) The commission may, at any time, perform an audit (a compliance 17 audit) of legal assistance provided by a private legal practitioner. 18 (2) A compliance audit must not be performed unless the commission 19 has given the practitioner written notice of-- 20 (a) the commission's intention to carry out the audit; and 21 (b) the scope of the audit. Justice and Community Safety Legislation Amendment Bill page 19 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 38 1 32 Notice to practitioner about proposed decision 2 Before making a decision about a private legal practitioner under 3 section 31E (4) (b) or (c), the commission must-- 4 (a) give written notice to the practitioner setting out the reasons for 5 the proposed decision; and 6 (b) allow the practitioner a reasonable opportunity to be heard on 7 the proposed decision. 8 38 Payments to private legal practitioners 9 Section 32AA (2) 10 substitute 11 (2) The private legal practitioner must give the commission an invoice 12 for the legal services provided in the matter. 13 (2A) The commission may issue directions about the giving of invoices. 14 39 Section 32AA (4) 15 omit 16 in accordance with subsection (2) 17 substitute 18 in accordance with any directions issued under subsection (2A) page 20 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 40 New part 5A 2 insert 3 Part 5A Dispute resolution 4 35A Definitions--pt 5A 5 In this part: 6 approved negotiation means a program for dispute resolution that-- 7 (a) is approved by the commission; and 8 (b) consists of a structured negotiation process; and 9 (c) uses a convenor to assist parties to a dispute to settle the 10 dispute. 11 convenor means a person to whom a dispute has been referred for 12 approved negotiation. 13 negotiation session means a meeting that forms part of approved 14 negotiation and includes steps to arrange or follow-up the meeting. 15 35B Power of commission to arrange approved negotiation 16 The commission may provide approved negotiation to all parties in 17 a matter or proceeding if at least 1 party is receiving legal assistance 18 from the commission for the matter or proceeding. 19 35C Expenses of dispute resolution 20 (1) The commission may, to partly or fully meet the costs associated 21 with approved negotiation in a matter or proceeding-- 22 (a) use money available to the commission; or 23 (b) require a legally assisted person, or another party, in the matter 24 or proceeding to partly or fully meet the costs. Justice and Community Safety Legislation Amendment Bill page 21 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 (2) An amount required to be paid under subsection (1) (b)-- 2 (a) is a debt owing to the commission; and 3 (b) must be paid in the time and way stated by the commission. 4 Note If an amount is owing under a law to a person by another person, the 5 person may recover the amount as a debt owing to the person in a court 6 of competent jurisdiction (see Legislation Act, s 177). The commission 7 is a person (see Legislation Act, s 160). 8 35D Confidentiality of negotiation 9 A convenor must not disclose information obtained in a negotiation 10 session to a person who is not a party to the session 11 (a nonparticipant) unless-- 12 (a) the person who provided the information to the convenor 13 consents to the information being disclosed to the 14 nonparticipant; or 15 (b) the information is necessary for the provision or administration 16 of legal assistance and is being disclosed to any of the 17 following: 18 (i) the board; 19 (ii) the chief executive officer; 20 (iii) a committee established under this Act; 21 (iv) a member of the staff of the commission; or 22 (c) the following apply: 23 (i) the information is necessary so that any party or parties to 24 the session can be referred to another dispute resolution 25 service (a related service) that may be able to assist in the 26 resolution of the dispute between the parties, or in some 27 other way; page 22 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 (ii) all parties to the session consent to the information being 2 disclosed to the related service; or 3 (d) the disclosure of the information is reasonably necessary to 4 prevent or minimise injury to a person or damage to property; 5 or 6 (e) the convenor is required to disclose the information under a 7 law of the Territory or Commonwealth. 8 35E Admissibility of evidence 9 (1) Evidence of anything said or done at a negotiation session, including 10 a document prepared at or for the session, is not admissible in 11 evidence in any proceeding in a court or tribunal unless the parties 12 in attendance at the session consent to the admission of the 13 evidence. 14 (2) In this section: 15 document includes a copy of, or an extract from, a document. 16 35F Protection of convenor from liability 17 A convenor is not liable in a civil proceeding for anything done, or 18 omitted to be done, honestly by the convenor-- 19 (a) in the exercise of a function under this part; or 20 (b) in the reasonable belief that the act or omission was in the 21 exercise of a function under this part. Justice and Community Safety Legislation Amendment Bill page 23 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 41 1 41 Qualifications for appointment 2 Section 50 (2) 3 omit 4 section 7 (1) (e) 5 substitute 6 section 16 (1) (c) (iv) 7 42 Section 50 (3) 8 omit 9 43 Section 58 10 substitute 11 58 Leave of absence 12 The commission may grant leave of absence to a statutory officer of 13 the commission on the terms decided by the commission. 14 44 Delegation of commission's power to appoint 15 Section 62 16 omit 17 45 Personnel management 18 Section 68A (2) (a) 19 omit 20 all people 21 substitute 22 all employees page 24 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 46 New section 90 2 in part 13, insert 3 90 Delegation by commission 4 The commission may delegate any of its functions under this Act to 5 any of the following: 6 (a) a committee of commissioners or committee of officers of the 7 commission or both; 8 (b) an officer of the commission; 9 (c) any person providing services on behalf of the commission 10 under this Act. 11 Note For the making of delegations and the exercise of delegated functions, 12 see the Legislation Act, pt 19.4. 13 47 Section 94 heading 14 substitute 15 94 Commission to operate as Legal Aid ACT 16 48 Section 94 (1) 17 omit 18 Legal Aid Office (A.C.T.) 19 insert 20 Legal Aid ACT Justice and Community Safety Legislation Amendment Bill page 25 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 49 1 49 Section 98 2 substitute 3 98 Superannuation 4 (1) Nothing in this Act authorises the provision of superannuation 5 benefits to an officer of the commission otherwise than under-- 6 (a) the Superannuation Act 1976 (Cwlth); or 7 (b) the Superannuation Act 1990 (Cwlth); or 8 (c) the Superannuation Act 2005 (Cwlth); or 9 (d) a superannuation scheme determined by the Minister. 10 (2) A determination is a notifiable instrument. 11 Note A notifiable instrument must be notified under the Legislation Act. 12 50 New part 14 13 insert 14 Part 14 Transitional--Justice and 15 Community Safety Legislation 16 Amendment Act 2009 (No 2) 17 101 Continuation of appointments 18 (1) This section applies to a person appointed as a commissioner under 19 section 7 (3) before the commencement day (a former appointee). 20 (2) A former appointee whose period of office as a commissioner has 21 not ended on the commencement day continues to hold office until 22 the end of the period of office as if the former appointee were 23 appointed under the corresponding provision of section 16 as in 24 force on the commencement day. page 26 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 51 1 (3) In this section: 2 commencement day means the day this section commences. 3 51 Dictionary, note 2 4 insert 5 · document 6 52 Dictionary, new definition of board 7 insert 8 board means the board of the commission established under 9 section 14. 10 53 Dictionary, definition of commissioner 11 substitute 12 commissioner means a member of the board appointed under 13 section 16. Justice and Community Safety Legislation Amendment Bill page 27 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 54 1 Part 10 Machinery Act 1949 2 54 Legislation amended--pt 10 3 This part amends the Machinery Act 1949. 4 55 Inspectors of machinery 5 Section 4 (1), except notes 6 substitute 7 (1) The chief executive may appoint a person to be an inspector for this 8 Act. page 28 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 56 1 Part 11 Magistrates Court Act 1930 2 56 Legislation amended--pt 11 3 This part amends the Magistrates Court Act 1930. 4 57 Section 7F 5 substitute 6 7F Retirement 7 (1) This section applies if a magistrate is-- 8 (a) an eligible employee for the Superannuation Act 1976 (Cwlth); 9 or 10 (b) a member of the superannuation scheme for the 11 Superannuation Act 1990 (Cwlth); or 12 (c) a member of any other superannuation scheme determined by 13 the Attorney-General. 14 (2) The Executive may retire the magistrate on the ground of invalidity 15 with the magistrate's consent. 16 (3) A determination under subsection (1) (c) is a notifiable instrument. 17 Note A notifiable instrument must be notified under the Legislation Act. Justice and Community Safety Legislation Amendment Bill page 29 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 58 Division 3.4.2 2 substitute 3 Division 3.4.2 Warrants for witnesses 4 62 Definitions--div 3.4.2 5 In this division: 6 prescribed period means 18 hours from the time a person is arrested 7 under a warrant. 8 reporting officer means the police officer mentioned in 9 section 67 (2) (b). 10 warrant means a warrant under this division. 11 63 Warrant to bring witness to court 12 (1) The court may issue a warrant for the arrest of a person who is a 13 witness in a hearing if the person-- 14 (a) was informed of the time and place of the hearing; and 15 (b) was required to attend to give evidence at the hearing in 16 accordance with-- 17 (i) a subpoena served on the person; or 18 (ii) an order of the court; or 19 (iii) an undertaking given to the court by the person; and 20 (c) failed to attend the hearing as required; and 21 (d) did not provide the court with a reasonable explanation for not 22 attending. page 30 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (2) A warrant must not be issued under subsection (1) unless-- 2 (a) the court is satisfied that the party calling the person as a 3 witness in the proceeding has taken reasonably practicable 4 steps to contact the person; and 5 (b) it is in the interests of justice to issue the warrant. 6 (3) In deciding whether it is in the interests of justice to issue a warrant, 7 the court must consider the following: 8 (a) the importance of the evidence the person is expected to give; 9 (b) whether the evidence could be obtained by other means; 10 (c) the nature of the matter being heard; 11 (d) the degree of urgency to resolve the matter; 12 (e) the likelihood that the issue of a warrant would secure the 13 person's attendance at the hearing; 14 (f) if the court has been contacted by the person, or the party 15 calling the person as a witness in the proceeding has contacted 16 the person-- 17 (i) the reason (if any) given by the person for not attending 18 as required; and 19 (ii) the impact of using a warrant for the arrest of the person. 20 64 First instance warrant 21 (1) The court may, instead of issuing a subpoena for the attendance of a 22 witness in a hearing, issue a warrant in the first instance for the 23 arrest of the person if it is-- 24 (a) unlikely that the person will attend the hearing to give evidence 25 unless the person is compelled to do so; and 26 (b) in the interests of justice to do so. Justice and Community Safety Legislation Amendment Bill page 31 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (2) In deciding whether it is in the interests of justice to issue a warrant, 2 the court must consider the following: 3 (a) the importance of the evidence the person is expected to give; 4 (b) whether the evidence could be obtained by other means; 5 (c) the nature of the matter being heard; 6 (d) the degree of urgency to resolve the matter; 7 (e) the likelihood that the issue of a warrant would secure the 8 person's attendance at the hearing; 9 (f) the impact of using a warrant for the arrest of the person. 10 65 Warrant remains in force until executed 11 A warrant remains in force until whichever of the following happens 12 first: 13 (a) the warrant is executed; 14 (b) the court revokes the warrant. 15 66 Executing a warrant 16 (1) A warrant authorises a police officer (an executing officer) to-- 17 (a) arrest the person named in the warrant; and 18 (b) bring the person before the court. 19 (2) If an executing officer believes on reasonable grounds that the 20 person named in the warrant is on any premises, the officer is 21 authorised to enter the premises, using not more than necessary and 22 reasonable force in the circumstances, to execute the warrant. page 32 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (3) However, an executing officer is not authorised to enter a dwelling 2 house to execute the warrant before 6 am or after 9 pm on any day, 3 unless the officer believes on reasonable grounds that it would not 4 be practicable to arrest the person at the dwelling house, or another 5 location, at any other time. 6 (4) An executing officer-- 7 (a) must use not more force than is necessary to arrest the person 8 and remove the person to the place stated in the warrant; and 9 (b) must, before removing the person, explain to the person the 10 purpose of the warrant; and 11 (c) must tell the person of his or her right to contact a lawyer, and 12 allow the person to contact a lawyer if the person wishes to do 13 so; and 14 (d) if a person is under a legal disability--must inform a parent or 15 guardian of the person of the arrest. 16 (5) In this section: 17 dwelling house includes a conveyance, and a room in a hotel, motel, 18 boarding house or club, where people ordinarily sleep at night. 19 67 Procedure after arrest 20 (1) A person who is arrested under a warrant must be brought before the 21 court-- 22 (a) as soon as practicable after the person is arrested; and 23 (b) within the prescribed period; and 24 (c) in accordance with this section. 25 (2) A person must be brought before the court by a police officer-- 26 (a) if the court is sitting at the time the officer is able to bring the 27 person before the court--in person; or Justice and Community Safety Legislation Amendment Bill page 33 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (b) if the court is not sitting at the time the officer is able to bring 2 the person before the court--by telephone call made by the 3 officer to a magistrate to report the execution of the warrant to 4 the court. 5 (3) A person brought before the court must be dealt with in accordance 6 with section 68. 7 (4) A person arrested under a warrant-- 8 (a) may be detained by a police officer for not longer than the 9 prescribed period for the officer to comply with subsection (2); 10 and 11 (b) must be released if the officer cannot comply with that 12 subsection within the prescribed period. 13 68 Orders following executed warrant 14 (1) The court may order that the person-- 15 (a) be remanded in custody until the date, time and place specified 16 in the order; or 17 (b) be released on a recognisance, signed by the person, in which 18 the person agrees to appear before the court on a day and at a 19 time and place specified by the court-- 20 (i) in the recognisance; and 21 (ii) in any subsequent notice given or sent to the person by 22 the court; or 23 (c) be released unconditionally. 24 (2) If the court makes any orders in relation to a person under this 25 section, the person must be given written notice of the orders by-- 26 (a) if the court is sitting when the order is made--the court; or page 34 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 58 1 (b) if the court is not sitting when the order is made--the reporting 2 officer. 3 (3) Any single period of remand ordered under this section must not be 4 longer than-- 5 (a) 28 days; or 6 (b) if the person chooses to be remanded for a longer period 7 without review--a longer period that the court considers 8 reasonable. 9 (4) Division 3.4.4 applies to a recognisance under this section. Justice and Community Safety Legislation Amendment Bill page 35 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 59 1 Part 12 Prohibited Weapons Act 1997 2 59 Legislation amended--pt 12 3 This part amends the Prohibited Weapons Act 1997. 4 60 Application of Act 5 New section 4 (1) (aa) 6 insert 7 (aa) a police service or force of a foreign country required to 8 possess or use a prohibited weapon for taking part in a training 9 activity-- 10 (i) conducted by the Australian Federal Police; and 11 (ii) carried out in the ACT; or page 36 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 61 1 Part 13 Regulatory Services Legislation 2 Amendment Act 2008 3 61 Legislation amended--pt 13 4 This part amends the Regulatory Services Legislation Amendment 5 Act 2008. 6 62 Section 26 7 substitute 8 26 Contracts to which Act applies 9 Section 4 (1) (a) 10 substitute 11 (a) negotiations leading to the making of the contract (whether or 12 not they are the only negotiations that precede the making of 13 the contract) take place between the consumer and a dealer-- 14 (i) in each other's presence in the ACT at a place other than 15 trade premises of the supplier; or 16 (ii) in a telephone call made, or received, by the consumer in 17 the ACT; and Justice and Community Safety Legislation Amendment Bill page 37 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 63 1 Part 14 Remuneration Tribunal Act 1995 2 63 Legislation amended--pt 14 3 This part amends the Remuneration Tribunal Act 1995. 4 64 Schedule 1, part 1.2 5 omit 6 · president of the human rights commission page 38 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 65 1 Part 15 Residential Tenancies Act 1997 2 65 Legislation amended--pt 15 3 This part amends the Residential Tenancies Act 1997. 4 66 New section 64A 5 in part 5, insert 6 64A Standard residential tenancy term--increase in rent 7 Under a fixed term agreement rent may not be increased during the 8 currency of the fixed term unless the amount of the increase, or a 9 method for working it out, is set out in the agreement. Justice and Community Safety Legislation Amendment Bill page 39 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 67 1 Part 16 Supreme Court Act 1933 2 67 Legislation amended--pt 16 3 This part amends the Supreme Court Act 1933. 4 68 Section 44 5 substitute 6 44 Retirement 7 (1) This section applies if the master is-- 8 (a) an eligible employee for the Superannuation Act 1976 (Cwlth); 9 or 10 (b) a member of the Superannuation Scheme for the 11 Superannuation Act 1990 (Cwlth); or 12 (c) a member of any other superannuation scheme determined by 13 the Attorney-General. 14 (2) The Executive may retire the master on the ground of invalidity with 15 the master's consent. 16 (3) A determination under subsection (1) (c) is a notifiable instrument. 17 Note A notifiable instrument must be notified under the Legislation Act. page 40 Justice and Community Safety Legislation Amendment Bill 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 Justice and Community Safety Legislation Amendment Bill page 41 2009 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au