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 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 Schedule 1 Legislation amended 3 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 J2009-828 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 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 contents 2 Justice and Community Safety Legislation Amendment Bill 2010 (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 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: J2009-828 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Justice and Community Safety Legislation 3 Amendment Act 2010 (No 2). 4 2 Commencement 5 (1) Section 3 and schedule 1, part 1.1 (ACT Civil and Administrative 6 Tribunal Act 2008) commence on the day after this Act's 7 notification day. 8 Note The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 (2) The remaining provisions commence on the 28th day after this Act's 11 notification day. 12 3 Legislation amended 13 This Act amends the legislation mentioned in schedule 1. page 2 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.1] 1 Schedule 1 Legislation amended 2 (see s 3) 3 Part 1.1 ACT Civil and Administrative 4 Tribunal Act 2008 5 [1.1] Section 94 (2) 6 substitute 7 (1A) Also, the Executive may appoint a person as a temporary 8 presidential member of the tribunal. 9 (2) The Executive must not appoint a person under 10 subsection (1) or (1A) unless the person is a lawyer and has been a 11 lawyer for 5 years or more. 12 [1.2] Section 96 (2) 13 substitute 14 (1A) Also, the Attorney-General may appoint a person to the tribunal as a 15 temporary senior member or temporary ordinary member. 16 (2) The Attorney-General must not appoint a person under 17 subsection (1) or (1A) unless satisfied that the person has the 18 experience or expertise to qualify the person to exercise the 19 functions of a senior or ordinary member. 20 [1.3] Section 96 (3) 21 omit 22 appointment of senior and ordinary members 23 substitute 24 appointment of non-presidential members Justice and Community Safety Legislation Amendment Bill page 3 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 ACT Civil and Administrative Tribunal Act 2008 Amendment [1.4] 1 [1.4] Section 98 (1) 2 after 3 presidential member 4 insert 5 under section 94 (1) 6 [1.5] New section 98 (1A) 7 insert 8 (1A) The appointment of a person as a temporary presidential member 9 under section 94 (1A) is for the term, not longer than 12 months, 10 stated in the appointment. 11 [1.6] Section 98 (2) 12 after 13 non-presidential member 14 insert 15 under section 96 (1) 16 [1.7] New section 98 (2A) 17 before the note, insert 18 (2A) The appointment of a person as a temporary non-presidential 19 member under section 96 (1A) is for the term, not longer than 20 12 months, stated in the appointment. 21 [1.8] Section 101 22 omit page 4 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.9] 1 [1.9] Section 103 heading 2 substitute 3 103 Presidential members not to do other work 4 [1.10] Section 103 5 after 6 presidential member 7 insert 8 appointed under section 94 (1) 9 [1.11] Dictionary, definition of non-presidential member 10 substitute 11 non-presidential member means a senior member or ordinary 12 member of the tribunal appointed under section 96 (1) or a 13 temporary senior member or temporary ordinary member of the 14 tribunal appointed under section 96 (1A). 15 [1.12] Dictionary, definition of presidential member 16 substitute 17 presidential member means the general president, appeal president 18 or another presidential member appointed under section 94 (1) or a 19 temporary presidential member appointed under section 94 (1A). Justice and Community Safety Legislation Amendment Bill page 5 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Associations Incorporation Act 1991 Amendment [1.13] 1 Part 1.2 Associations Incorporation Act 2 1991 3 [1.13] Section 63 (2) 4 omit 5 an insolvent under administration within the meaning of the 6 Corporations Act 7 substitute 8 bankrupt or personally insolvent 9 [1.14] Section 64 (2) (d) 10 substitute 11 (d) becomes bankrupt or personally insolvent; or 12 [1.15] Dictionary, note 2 13 insert 14 · bankrupt or personally insolvent 15 Part 1.3 Associations Incorporation 16 Regulation 1991 17 [1.16] Schedule 1, section 16 (1) (e) 18 substitute 19 (e) becomes bankrupt or personally insolvent; or page 6 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cooperatives Act 2002 Part 1.4 Amendment [1.17] 1 Part 1.4 Cooperatives Act 2002 2 [1.17] Section 67 (1) (c) 3 substitute 4 (c) the person becomes bankrupt or personally insolvent, unless 5 the rules of the cooperative otherwise provide; 6 Note Bankrupt or personally insolvent--see the Legislation Act, 7 dictionary, pt 1. 8 [1.18] Dictionary, note 2 9 insert 10 · bankrupt or personally insolvent 11 Part 1.5 Corrections Management Act 12 2007 13 [1.19] Section 61 (1) (c) 14 substitute 15 (c) if the official visitor becomes bankrupt or personally insolvent; 16 or 17 Note Bankrupt or personally insolvent--see the Legislation Act, 18 dictionary, pt 1. 19 [1.20] Dictionary, note 2 20 insert 21 · bankrupt or personally insolvent Justice and Community Safety Legislation Amendment Bill page 7 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.6 Crimes (Sentence Administration) Act 2005 Amendment [1.21] 1 Part 1.6 Crimes (Sentence 2 Administration) Act 2005 3 [1.21] Section 178 (1) (c) 4 substitute 5 (c) if the member becomes bankrupt or personally insolvent; or 6 Note Bankrupt or personally insolvent--see the Legislation Act, 7 dictionary, pt 1. 8 [1.22] Dictionary, note 2 9 insert 10 · bankrupt or personally insolvent 11 Part 1.7 Director of Public Prosecutions 12 Act 1990 13 [1.23] Section 28 (2) (a) 14 substitute 15 (a) becomes bankrupt or personally insolvent; or 16 Note Bankrupt or personally insolvent--see the Legislation Act, 17 dictionary, pt 1. 18 [1.24] Dictionary, note 2 19 insert 20 · bankrupt or personally insolvent page 8 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Domestic Violence Agencies Act 1986 Part 1.8 Amendment [1.25] 1 Part 1.8 Domestic Violence Agencies Act 2 1986 3 [1.25] Section 8 (3) (c) 4 substitute 5 (c) if the member becomes bankrupt or personally insolvent; or 6 Note Bankrupt or personally insolvent--see the Legislation Act, 7 dictionary, pt 1. 8 [1.26] Dictionary, note 2 9 insert 10 · bankrupt or personally insolvent 11 Part 1.9 Guardianship and Management 12 of Property Act 1991 13 [1.27] Section 10 (2) (c) 14 substitute 15 (c) is bankrupt or personally insolvent (and, if so, has given 16 particulars to the ACAT). 17 Note Bankrupt or personally insolvent--see the Legislation Act, 18 dictionary, pt 1. 19 [1.28] Dictionary, note 2 20 insert 21 · bankrupt or personally insolvent Justice and Community Safety Legislation Amendment Bill page 9 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.10 Human Rights Commission Act 2005 Amendment [1.29] 1 Part 1.10 Human Rights Commission Act 2 2005 3 [1.29] Section 29 (1) (c) 4 substitute 5 (c) if the person becomes bankrupt or personally insolvent; or 6 Note Bankrupt or personally insolvent--see the Legislation Act, 7 dictionary, pt 1. 8 [1.30] Dictionary, note 2 9 insert 10 · bankrupt or personally insolvent 11 Part 1.11 Independent Competition and 12 Regulatory Commission Act 1997 13 [1.31] Schedule 2, section 2.5 (6) 14 substitute 15 (6) A commissioner ceases to hold office if the commissioner becomes 16 bankrupt or personally insolvent. 17 [1.32] Schedule 3, section 3.9 (6) 18 substitute 19 (6) A member of a panel ceases to hold office if the member becomes 20 bankrupt or personally insolvent. 21 [1.33] Dictionary, note 2 22 insert 23 · bankrupt or personally insolvent page 10 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Justices of the Peace Act 1989 Part 1.12 Amendment [1.34] 1 Part 1.12 Justices of the Peace Act 1989 2 [1.34] Section 3B (1) (a) 3 substitute 4 (a) the person becomes bankrupt or personally insolvent; or 5 Note Bankrupt or personally insolvent--see the Legislation Act, 6 dictionary, pt 1. 7 Part 1.13 Legal Aid Act 1977 8 [1.35] Section 52 (2) (a) 9 substitute 10 (a) becomes bankrupt or personally insolvent; or 11 [1.36] Section 60 (2) (a) 12 substitute 13 (a) becomes bankrupt or personally insolvent; or 14 [1.37] Section 78 (2) (a) 15 substitute 16 (a) becomes bankrupt or personally insolvent; or 17 [1.38] Dictionary, note 2 18 insert 19 · bankrupt or personally insolvent Justice and Community Safety Legislation Amendment Bill page 11 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.14 Magistrates Court Act 1930 Amendment [1.39] 1 Part 1.14 Magistrates Court Act 1930 2 [1.39] Section 89 heading 3 substitute 4 89 Indictable offences--issue of warrant for non-appearance 5 [1.40] New section 89 (1A) 6 insert 7 (1A) This section also applies if-- 8 (a) subsection (1) (a), (b) and (e) apply in relation to a person; and 9 (b) the person appears before the court for the hearing of the 10 information for the offence; and 11 (c) the court adjourns or postpones the hearing or further hearing; 12 and 13 (d) the person is told of the time and place of the adjourned or 14 postponed hearing or further hearing; and 15 (e) the person does not appear before the court at the adjourned or 16 postponed hearing or further hearing. 17 [1.41] New sections 112 and 112A 18 insert 19 112 Summary proceedings--issue of warrant for non- 20 appearance at adjourned or postponed hearing 21 (1) This section applies if-- 22 (a) a defendant appears before the court for the hearing of an 23 information for an offence; and 24 (b) the information is substantiated by the oath of the informant or 25 a witness; and page 12 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court Act 1930 Part 1.14 Amendment [1.41] 1 (c) the court adjourns or postpones the hearing or further hearing; 2 and 3 (d) the defendant is told of the time and place of the adjourned or 4 postponed hearing or further hearing; and 5 (e) the defendant does not appear before the court at the adjourned 6 or postponed hearing or further hearing. 7 (2) The court may issue a warrant for the arrest of the defendant and to 8 bring the defendant before the court at the adjourned or postponed 9 hearing or further hearing. 10 112A Court may direct defendant to appear 11 (1) This section applies if-- 12 (a) a summons is served on a defendant in relation to an 13 information for an offence; and 14 (b) in accordance with the summons--the defendant appears 15 before the court represented by a lawyer; and 16 (c) the defendant does not appear personally for the hearing; and 17 (d) the information is substantiated by the oath of the informant or 18 a witness. 19 (2) The court may at any time during the hearing-- 20 (a) adjourn the hearing; and 21 (b) direct the defendant by written notice to attend personally 22 before the court for any matter related to the hearing, at the 23 time and place specified by the court. 24 (3) A notice under subsection (2) must be served in the same way as the 25 service of a summons under section 41. Justice and Community Safety Legislation Amendment Bill page 13 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.15 Ombudsman Act 1989 Amendment [1.42] 1 (4) If the defendant does not appear before the court in accordance with 2 a notice under subsection (2), the court may issue a warrant for the 3 arrest of the defendant and to bring the defendant before the court. 4 Part 1.15 Ombudsman Act 1989 5 [1.42] Section 28 (6) 6 substitute 7 (6) The Executive must remove the ombudsman from office if the 8 ombudsman becomes bankrupt or personally insolvent. 9 Note Bankrupt or personally insolvent--see the Legislation Act, dictionary, 10 pt 1. 11 [1.43] Dictionary, note 2 12 insert 13 · bankrupt or personally insolvent 14 Part 1.16 Powers of Attorney Act 2006 15 [1.44] Section 14 (1) (b) and note 16 substitute 17 (b) a person who is bankrupt or personally insolvent. 18 [1.45] Section 62 (1) (b) 19 substitute 20 (b) the attorney becomes bankrupt or personally insolvent. 21 [1.46] Section 62 (2), note 22 omit page 14 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Prostitution Act 1992 Part 1.17 Amendment [1.47] 1 [1.47] Dictionary, note 2 2 insert 3 · bankrupt or personally insolvent 4 [1.48] Dictionary, definitions of bankrupt and personal 5 insolvency agreement 6 omit 7 Part 1.17 Prostitution Act 1992 8 [1.49] Section 24 9 omit 10 sexually transmitted disease 11 substitute 12 sexually transmissible infection 13 [1.50] Section 25 heading 14 substitute 15 25 Providing or receiving commercial sexual services if 16 infected 17 [1.51] Sections 25 and 26 18 omit 19 sexually transmitted disease 20 substitute 21 sexually transmissible infection Justice and Community Safety Legislation Amendment Bill page 15 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.17 Prostitution Act 1992 Amendment [1.52] 1 [1.52] Section 32 (2) (g) 2 omit 3 sexually transmitted diseases 4 substitute 5 sexually transmissible infections 6 [1.53] Schedule 2, item 7, column 3 7 omit 8 sexually transmitted disease 9 substitute 10 sexually transmissible infection 11 [1.54] Dictionary, definition of prophylactic 12 omit 13 sexually transmitted disease 14 substitute 15 sexually transmissible infection 16 [1.55] Dictionary, definition of sexually transmitted disease 17 substitute 18 sexually transmissible infection means-- 19 (a) chancroid, chlamydial infection, donovanosis, gonorrhoea, 20 HIV/AIDS, lymphogranuloma venereum or syphilis; or 21 (b) an infection prescribed by regulation. page 16 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Public Advocate Act 2005 Part 1.18 Amendment [1.56] 1 Part 1.18 Public Advocate Act 2005 2 [1.56] Section 7 (1) (c) 3 substitute 4 (c) if the person becomes bankrupt or personally insolvent; or 5 Note Bankrupt or personally insolvent--see the Legislation Act, 6 dictionary, pt 1. 7 [1.57] Dictionary, note 2 8 insert 9 · bankrupt or personally insolvent 10 Part 1.19 Public Trustee Act 1985 11 [1.58] Section 53 (2) (c) 12 substitute 13 (c) if the member becomes bankrupt or personally insolvent; or 14 Note Bankrupt or personally insolvent--see the Legislation Act, 15 dictionary, pt 1. 16 [1.59] Dictionary, note 2 17 insert 18 · bankrupt or personally insolvent Justice and Community Safety Legislation Amendment Bill page 17 2010 (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 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. © Australian Capital Territory 2010 page 18 Justice and Community Safety Legislation Amendment Bill 2010 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au