2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended--schs 1­3 2 4 Legislation repealed 2 Schedule 1 Amendments relating to repeal of consumer credit legislation 4 Part 1.1 Civil Law (Property) Act 2006 4 Part 1.2 Commercial Arbitration Act 1986 4 J2010-246 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.3 Door-to-Door Trading Act 1991 4 Part 1.4 Fair Trading Act 1992 5 Part 1.5 Fair Trading (Consumer Affairs) Act 1973 7 Part 1.6 Fair Trading (Consumer Product Standards) Regulation 2009 12 Part 1.7 Firearms Act 1996 12 Part 1.8 Legislation Act 2001 13 Part 1.9 Payroll Tax Act 1987 13 Part 1.10 Sale of Motor Vehicles Act 1977 14 Part 1.11 Second-hand Dealers Regulation 2002 14 Schedule 2 Amendments relating to Evidence (Miscellaneous Provisions) Act 1991 15 Part 2.1 Children and Young People Act 2008 15 Part 2.2 Commercial Arbitration Act 1986 15 Part 2.3 Coroners Act 1997 16 Part 2.4 Corrections Management Act 2007 16 Part 2.5 Crimes (Forensic Procedures) Act 2000 17 Part 2.6 Crimes (Sentence Administration) Act 2005 17 Part 2.7 Domestic Violence and Protection Orders Regulation 2009 18 Part 2.8 Evidence (Miscellaneous Provisions) Act 1991 19 Part 2.9 Judicial Commissions Act 1994 22 Part 2.10 Magistrates Court Act 1930 22 Part 2.11 Royal Commissions Act 1991 24 contents 2 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Schedule 3 Other amendments 25 Part 3.1 Juries Act 1967 25 Part 3.2 Supreme Court Act 1933 25 Justice and Community Safety Legislation Amendment Bill contents 3 2010 (No 3) 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 3) A Bill for An Act to amend legislation about justice and community safety The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-246 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 3). 4 2 Commencement 5 (1) The following provisions commence on the day after this Act's 6 notification day: 7 (a) section 3; 8 (b) section 4 (1) and (2); 9 (c) schedule 1. 10 Note The naming and commencement provisions automatically commence on 11 the notification day (see Legislation Act, s 75 (1)). 12 (2) The remaining provisions commence on the 28th day after this Act's 13 notification day. 14 3 Legislation amended--schs 1­3 15 This Act amends the legislation mentioned in schedules 1 to 3. 16 4 Legislation repealed 17 (1) The following legislation is repealed: 18 · Consumer Credit (Administration) Act 1996 (A1996-41) 19 · Consumer Credit (Administration) Regulation 1996 20 (SL1996-25) 21 · Consumer Credit Act 1995 (A1995-18) 22 · Consumer Credit Regulation 1996 (SL1996-24) 23 · Credit Act 1985 (A1985-5) 24 · Credit Regulation 1985 (SL1985-5). page 2 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) All other legislative instruments under the Acts mentioned in 2 subsection (1) are repealed. 3 (3) The Juries Fees Regulation 1968 (SL1968-3) is repealed. Justice and Community Safety Legislation Amendment Bill page 3 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Civil Law (Property) Act 2006 Amendment [1.1] 1 Schedule 1 Amendments relating to repeal 2 of consumer credit legislation 3 (see s 3) 4 Part 1.1 Civil Law (Property) Act 2006 5 [1.1] Section 5 (3) 6 omit 7 Part 1.2 Commercial Arbitration Act 1986 8 [1.2] Section 4 (4) 9 omit 10 Part 1.3 Door-to-Door Trading Act 1991 11 [1.3] Section 15 (2) 12 substitute 13 (2) This section does not affect the operation of the National Credit 14 Code in its application to a contract that is a tied loan contract 15 within the meaning of that code. 16 [1.4] Dictionary, note 2 17 insert 18 · National Credit Code page 4 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading Act 1992 Part 1.4 Amendment [1.5] 1 Part 1.4 Fair Trading Act 1992 2 [1.5] Section 28A (5), definition of continuing credit contract 3 and notes 4 substitute 5 continuing credit contract--see the National Credit Code, 6 section 204 (1). 7 Note The National Credit Code, s 204 (1) defines a continuing credit 8 contract as a credit contract under which: 9 (a) multiple advances of credit are contemplated; and 10 (b) the amount of available credit ordinarily increases as the amount 11 of credit is reduced. 12 [1.6] Section 51C 13 substitute 14 51C Definitions--pt 4A 15 In this part: 16 annual percentage rate--see the code, section 204 (1). 17 contract document--see the code, section 204 (1). 18 credit--see the code, section 204 (1). 19 credit contract--see the code, section 204 (1). 20 credit fees and charges--see the code, section 204 (1). 21 [1.7] Section 51D (3) 22 omit 23 division 2 24 substitute 25 division 3 Justice and Community Safety Legislation Amendment Bill page 5 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Fair Trading Act 1992 Amendment [1.8] 1 [1.8] Section 51E (1) 2 omit 3 section 15 (C) 4 substitute 5 section 17 (4) 6 [1.9] Section 51E (2) 7 omit 8 section 15 (E) 9 substitute 10 section 17 (6) 11 [1.10] Section 51E (3) 12 omit 13 section 14 14 substitute 15 section 16 16 [1.11] Section 51E (4) 17 omit 18 section 14 or section 15 19 substitute 20 section 16 or section 17 21 [1.12] Dictionary, note 2 22 omit 23 · Consumer Credit (Australian Capital Territory) Code page 6 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.5 Amendment [1.13] 1 [1.13] Dictionary, note 2 2 insert 3 · National Credit Code 4 [1.14] Dictionary, definition of code 5 substitute 6 code means the National Credit Code. 7 Part 1.5 Fair Trading (Consumer Affairs) 8 Act 1973 9 [1.15] Section 8 (2), definition of consumer and trader 10 legislation, paragraph (a) 11 omit 12 [1.16] Section 10 (1) 13 omit 14 or the Consumer Credit (Administration) Act 1996 15 [1.17] Section 11 16 omit 17 or the Consumer Credit (Administration) Act 1996 Justice and Community Safety Legislation Amendment Bill page 7 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.5 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.18] 1 [1.18] New schedule 3 2 insert 3 Schedule 3 Consumer credit transitional 4 provisions 5 3.1 Definitions--sch 3 6 In this schedule: 7 ASIC means the Australian Securities and Investments Commission. 8 national credit legislation means-- 9 (a) the National Consumer Credit Protection Act 2009 (Cwlth); 10 and 11 (b) the National Consumer Credit Protection (Transitional and 12 Consequential Provisions) Act 2009 (Cwlth). 13 repealed credit legislation means-- 14 (a) the Consumer Credit (Administration) Act 1996; and 15 (b) the Consumer Credit (Administration) Regulation 1996; and 16 (c) the Consumer Credit Act 1995; and 17 (d) the Consumer Credit Regulation 1996; and 18 (e) the Credit Act 1985; and 19 (f) the Credit Regulation 1985. 20 3.2 Transitional--financial counselling trust fund 21 (1) The financial counselling trust fund established under the Consumer 22 Credit (Administration) Act 1996, section 124 (the trust fund) 23 continues in existence as if the repealed credit legislation had not 24 been repealed. page 8 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.5 Amendment [1.18] 1 (2) Amounts payable under the repealed credit legislation continue to be 2 payable to the trust fund as if the repealed credit legislation had not 3 been repealed. 4 3.3 Transitional--provision of information and assistance to 5 ASIC 6 (1) The commissioner may, on his or her own initiative or at the request 7 of ASIC-- 8 (a) provide ASIC with the documents and other information in the 9 possession or control of the commissioner that are reasonably 10 required by ASIC in connection with the exercise of its 11 functions under the national credit legislation; and 12 (b) provide ASIC with other assistance that is reasonably required 13 by ASIC to exercise a function under the national credit 14 legislation. 15 (2) This section applies despite any other territory law. 16 3.4 Transitional--ASIC has particular functions 17 (1) The Minister, or a person authorised in writing by the Minister, may 18 enter into an agreement or arrangement with ASIC for the exercise 19 of functions by ASIC as an agent of the Territory, even if those 20 functions are or may be conferred on another person under a 21 territory law. 22 (2) An agreement or arrangement of a kind mentioned in subsection (1) 23 has effect despite any other territory law in relation to a function 24 that is the subject of the agreement or arrangement. 25 Note The National Consumer Credit Protection (Transitional and 26 Consequential Provisions) Act 2009 (Cwlth), sch 1, pt 4, 27 item 23 provides that ASIC has functions and powers in relation to 28 appeal, review or enforcement proceedings that are expressed to be 29 conferred on it by a law of a State or territory. Justice and Community Safety Legislation Amendment Bill page 9 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.5 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.18] 1 3.5 Transitional--reference to repealed legislation 2 (1) To the extent permitted or required by the context or subject matter, 3 a reference in another territory law to any of the repealed consumer 4 credit legislation is a reference to the national credit legislation. 5 (2) In this section: 6 repealed consumer credit legislation means-- 7 (a) the Consumer Credit (Administration) Act 1996; and 8 (b) the Consumer Credit (Administration) Regulation 1996; and 9 (c) the Consumer Credit Act 1995; and 10 (d) the Consumer Credit Regulation 1996. 11 3.6 Transitional--pre-credit code contracts 12 (1) The repealed credit legislation continues to apply to pre-credit code 13 contracts as if the repealed credit legislation had not been repealed. 14 (2) In this section: 15 pre-credit code contract means a contract to which the repealed 16 pre-credit code legislation applied immediately before the repeal of 17 that legislation. 18 repealed pre-credit code legislation means-- 19 (a) the Credit Act 1985; and 20 (b) the Credit Regulation 1985. 21 3.7 Transitional--finance broking commissions 22 (1) The repealed finance broking provisions continue to apply as if the 23 repealed credit legislation had not been repealed. 24 (2) This section expires on the Chapter 3 start day. page 10 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.5 Amendment [1.19] 1 (3) In this section: 2 Chapter 3 start day has the same meaning as in the National 3 Consumer Credit Protection (Transitional and Consequential 4 Provisions) Act 2009 (Cwlth), section 4. 5 repealed finance broking provisions means-- 6 (a) the Consumer Credit (Administration) Act 1996, section 35; 7 and 8 (b) the Consumer Credit (Administration) Regulation 1996, 9 section 4. 10 3.8 Transitional--regulations 11 (1) A regulation may prescribe transitional matters necessary or 12 convenient to be prescribed because of the repeal of the repealed 13 credit legislation. 14 (2) A regulation may modify this schedule (including in relation to 15 another territory law) to make provision in relation to anything that, 16 in the Executive's opinion, is not, or is not adequately or 17 appropriately, dealt with in this schedule. 18 (3) A regulation under subsection (2) has effect despite anything 19 elsewhere in this Act. 20 3.9 Expiry--sch 3 21 (1) This schedule expires on 1 July 2013. 22 (2) This schedule is a law to which the Legislation Act, section 88 23 (Repeal does not end effect of transitional laws etc) applies. 24 [1.19] Dictionary, note 2 25 insert 26 · territory law Justice and Community Safety Legislation Amendment Bill page 11 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.6 Fair Trading (Consumer Product Standards) Regulation 2009 Amendment [1.20] 1 Part 1.6 Fair Trading (Consumer Product 2 Standards) Regulation 2009 3 [1.20] Section 8 (a) 4 omit 5 Consumer Credit (Australian Capital Territory) Code 6 substitute 7 National Credit Code 8 [1.21] Dictionary, note 2 9 omit 10 · Consumer Credit (Australian Capital Territory) Code 11 [1.22] Dictionary, note 2 12 insert 13 · National Credit Code 14 Part 1.7 Firearms Act 1996 15 [1.23] Section 13 (2), definition of credit contract 16 substitute 17 credit--see the National Credit Code, section 204 (1). 18 credit contract means a contract under which credit is or may be 19 provided. 20 [1.24] Dictionary, note 2 21 insert 22 · National Credit Code page 12 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legislation Act 2001 Part 1.8 Amendment [1.25] 1 Part 1.8 Legislation Act 2001 2 [1.25] Dictionary, part 1 3 omit the definitions of 4 Consumer Credit (Australian Capital Territory) Code 5 Consumer Credit (Australian Capital Territory) Regulations 6 [1.26] Dictionary, part 1, new definition of National Credit Code 7 insert 8 National Credit Code--see the National Consumer Credit 9 Protection Act 2009 (Cwlth), section 5. 10 Part 1.9 Payroll Tax Act 1987 11 [1.27] Section 4 (8), definition of credit contract 12 substitute 13 credit contract--see the National Credit Code, section 204 (1). 14 [1.28] Section 4 (8), definition of regulated contract 15 omit 16 [1.29] Section 4 (8), definition of supply 17 omit 18 or regulated contract 19 [1.30] Dictionary, note 2 20 omit 21 · Consumer Credit (Australian Capital Territory) Code Justice and Community Safety Legislation Amendment Bill page 13 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.10 Sale of Motor Vehicles Act 1977 Amendment [1.31] 1 [1.31] Dictionary, note 2 2 insert 3 · National Credit Code 4 Part 1.10 Sale of Motor Vehicles Act 1977 5 [1.32] Section 25B (6) 6 substitute 7 (6) The National Credit Code, section 135 does not apply to the 8 termination of agreements under this section. 9 [1.33] Dictionary, note 2 10 insert 11 · National Credit Code 12 Part 1.11 Second-hand Dealers 13 Regulation 2002 14 [1.34] Dictionary, definition of financial institution, 15 paragraph (b) 16 substitute 17 (b) a credit provider, registered or licensed under the National 18 Consumer Credit Protection Act 2009 (Cwlth) or a 19 corresponding law of an external Territory or New Zealand, 20 that carries on the business of providing home loans. page 14 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and Young People Act 2008 Part 2.1 Amendment [2.1] 1 Schedule 2 Amendments relating to 2 Evidence (Miscellaneous 3 Provisions) Act 1991 4 (see s 3) 5 Part 2.1 Children and Young People Act 6 2008 7 [2.1] Section 335 (1) (a) and (b) 8 substitute 9 (a) section 20 (1) (Territory courts may take evidence and 10 submissions from participating States); 11 (b) section 32 (1) (Territory courts may take evidence and 12 submissions from place other than participating State). 13 Part 2.2 Commercial Arbitration Act 1986 14 [2.2] Section 20A (1) 15 omit 16 section 20 (1) (Territory courts may take evidence and submissions 17 from outside ACT) or section 32 (1) (Use of link in proceedings) 18 substitute 19 section 20 (1) (Territory courts may take evidence and submissions 20 from participating States) or section 32 (1) (Territory courts may 21 take evidence and submissions from place other than participating 22 State) Justice and Community Safety Legislation Amendment Bill page 15 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.3 Coroners Act 1997 Amendment [2.3] 1 Part 2.3 Coroners Act 1997 2 [2.3] Section 42A (1) 3 omit 4 section 20 (1) (Territory courts may take evidence and submissions 5 from outside ACT) or section 32 (1) (Use of link in proceedings) 6 substitute 7 section 20 (1) (Territory courts may take evidence and submissions 8 from participating States) or section 32 (1) (Territory courts may 9 take evidence and submissions from place other than participating 10 State) 11 Part 2.4 Corrections Management Act 12 2007 13 [2.4] Section 203 (1) (a) and (b) 14 substitute 15 (a) section 20 (1) (Territory courts may take evidence and 16 submissions from participating States); 17 (b) section 32 (1) (Territory courts may take evidence and 18 submissions from place other than participating State). page 16 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Crimes (Forensic Procedures) Act 2000 Part 2.5 Amendment [2.5] 1 Part 2.5 Crimes (Forensic Procedures) 2 Act 2000 3 [2.5] Section 38 (2) (a), note 2 4 substitute 5 Note 2 The Evidence (Miscellaneous Provisions) Act 1991, pt 3 applies 6 in relation to the taking of evidence and making of submissions 7 by audiovisual link or audio link from a State. See also the 8 Magistrates Court Act 1930, s 311 (Appearance by audiovisual or 9 audio links etc). 10 Part 2.6 Crimes (Sentence 11 Administration) Act 2005 12 [2.6] Section 207 (1) 13 omit 14 section 20 (Territory courts may take evidence and submissions 15 from outside ACT) or section 32 (Use of link in proceedings) 16 substitute 17 section 20 (1) (Territory courts may take evidence and submissions 18 from participating States) or section 32 (1) (Territory courts may 19 take evidence and submissions from place other than participating 20 State) Justice and Community Safety Legislation Amendment Bill page 17 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.7 Domestic Violence and Protection Orders Regulation 2009 Amendment [2.7] 1 Part 2.7 Domestic Violence and 2 Protection Orders Regulation 3 2009 4 [2.7] Section 36 5 substitute 6 36 Evidence from place outside court 7 If the Magistrates Court has given a direction under the Evidence 8 (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory 9 courts may take evidence and submissions from participating States) 10 or section 32 (1) (Territory courts may take evidence and 11 submissions from place other than participating State), in relation to 12 a person who is required to give evidence under a subpoena, the 13 person satisfies the requirement by appearing and giving evidence in 14 accordance with the direction. 15 [2.8] Section 56 (3) 16 omit 17 section 20 (1) (Territory courts may take evidence and submissions 18 from outside ACT) or section 32 (1) (Use of link in proceedings) 19 substitute 20 section 20 (1) (Territory courts may take evidence and submissions 21 from participating States) or section 32 (1) (Territory courts may 22 take evidence and submissions from place other than participating 23 State) page 18 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Evidence (Miscellaneous Provisions) Act 1991 Part 2.8 Amendment [2.9] 1 Part 2.8 Evidence (Miscellaneous 2 Provisions) Act 1991 3 [2.9] Section 18 4 substitute 5 18 Operation of other Acts 6 (1) This part is not intended to exclude or limit the operation of any 7 territory law that makes provision for the taking of evidence or 8 making of a submission in an external place for a proceeding in the 9 ACT. 10 (2) In this section: 11 external place means a place within or outside the ACT but within 12 Australia that is outside the courtroom or other place where the 13 court is sitting. 14 [2.10] Division 3.2 heading 15 substitute 16 Division 3.2 Use of audiovisual links or audio links 17 with participating States in ACT 18 proceedings 19 [2.11] Section 20 heading 20 substitute 21 20 Territory courts may take evidence and submissions from 22 participating States Justice and Community Safety Legislation Amendment Bill page 19 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.8 Evidence (Miscellaneous Provisions) Act 1991 Amendment [2.12] 1 [2.12] Division 3.4 2 substitute 3 Division 3.4 Use of audiovisual links or audio links 4 with places other than participating 5 States in ACT proceedings 6 31 Application--div 3.4 7 This division applies to any proceeding before a territory court. 8 32 Territory courts may take evidence and submissions from 9 place other than participating State 10 (1) Subject to any Act or rules of court, a territory court may, on the 11 application of a party to a proceeding before it or on its own 12 initiative, direct that a person, whether or not a party to the 13 proceeding, appear before, or give evidence or make a submission 14 to, the court by audiovisual link or audio link from-- 15 (a) a place in the ACT that is outside the courtroom or other place 16 where the court is sitting; or 17 (b) a place outside the ACT but within Australia (other than a 18 participating State). 19 Note The Evidence and Procedure (New Zealand) Act 1994 (Cwlth), pt 4 20 (Use of video links or telephones in Australian proceedings) and the 21 Court Procedures Rules 2006, div 6.10.7 (Taking evidence from New 22 Zealand by video link or telephone) apply to the taking of evidence and 23 submissions by audiovisual links or audio links from New Zealand. 24 (2) The court may make the direction only if satisfied that-- 25 (a) the necessary facilities are available or can reasonably be made 26 available; and 27 (b) the evidence or submission can more conveniently be given or 28 made from the place; and page 20 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Evidence (Miscellaneous Provisions) Act 1991 Part 2.8 Amendment [2.13] 1 (c) the making of the direction is not unfair to any party opposing 2 the making of the direction. 3 (3) The court may at any time amend or revoke a direction made under 4 this division, either on the application of a party to the proceeding or 5 its own initiative. 6 (4) While a person is at a place giving evidence or making a 7 submission, the place is taken for all purposes to be part of the court. 8 [2.13] Section 36 9 omit 10 section 20 (Territory courts may take evidence and submissions 11 from outside ACT) or section 32 (Use of link in proceedings) 12 substitute 13 section 20 (1) (Territory courts may take evidence and submissions 14 from participating States) or section 32 (1) (Territory courts may 15 take evidence and submissions from place other than participating 16 State) 17 [2.14] Section 82 (4) 18 omit 19 Subsections (1) and (2) 20 substitute 21 Subsections (2) and (3) Justice and Community Safety Legislation Amendment Bill page 21 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Judicial Commissions Act 1994 Amendment [2.15] 1 Part 2.9 Judicial Commissions Act 1994 2 [2.15] Section 43A (1) 3 omit 4 section 18 (1) or section 30 (1) 5 substitute 6 section 20 (1) (Territory courts may take evidence and submissions 7 from participating States) or section 32 (1) (Territory courts may 8 take evidence and submissions from place other than participating 9 State) 10 Part 2.10 Magistrates Court Act 1930 11 [2.16] Section 72B (1) 12 omit 13 section 20 (Territory courts may take evidence and submissions 14 from outside ACT) or section 32 (1) (Use of link in proceedings) 15 substitute 16 section 20 (1) (Territory courts may take evidence and submissions 17 from participating States) or section 32 (1) (Territory courts may 18 take evidence and submissions from place other than participating 19 State) page 22 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court Act 1930 Part 2.10 Amendment [2.17] 1 [2.17] Section 311 (1) (a) 2 omit 3 section 20 (1) (Territory courts may take evidence and submissions 4 from outside ACT) 5 substitute 6 section 20 (1) (Territory courts may take evidence and submissions 7 from participating States) or section 32 (1) (Territory courts may 8 take evidence and submissions from place other than participating 9 State) 10 [2.18] Section 316 (2) (a) 11 omit 12 section 20 (1) (Territory courts may take evidence and submissions 13 from outside ACT) or section 32 (1) (Use of link in proceedings) 14 substitute 15 section 20 (1) (Territory courts may take evidence and submissions 16 from participating States) or section 32 (1) (Territory courts may 17 take evidence and submissions from place other than participating 18 State) Justice and Community Safety Legislation Amendment Bill page 23 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.11 Royal Commissions Act 1991 Amendment [2.19] 1 Part 2.11 Royal Commissions Act 1991 2 [2.19] Section 34A (1) 3 omit 4 section 20 (1) (Territory courts may take evidence and submissions 5 from outside ACT) or section 32 (1) (Use of link in proceedings) 6 substitute 7 section 20 (1) (Territory courts may take evidence and submissions 8 from participating States) or section 32 (1) (Territory courts may 9 take evidence and submissions from place other than participating 10 State) page 24 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Juries Act 1967 Part 3.1 Amendment [3.1] 1 Schedule 3 Other amendments 2 (see s 3) 3 Part 3.1 Juries Act 1967 4 [3.1] Section 51 5 substitute 6 51 Payment of jurors 7 (1) A person summoned or appointed to attend the Supreme Court to 8 serve as a juror is entitled to be paid the amount determined by the 9 Minister for the person's attendance at the court in accordance with 10 the summons or appointment, whether or not the person serves as a 11 juror. 12 (2) A determination is a disallowable instrument. 13 Note A disallowable instrument must be notified, and presented to the 14 Legislative Assembly, under the Legislation Act. 15 Part 3.2 Supreme Court Act 1933 16 [3.2] Section 68C (2) and (3) 17 substitute 18 (2) The judgment in criminal proceedings tried by a judge alone must 19 include the principles of law applied by the judge and the findings 20 of fact on which the judge relied. 21 (3) In criminal proceedings tried by a judge alone, if a territory law 22 requires a warning or direction to be given, or a comment to be 23 made, to a jury in the proceedings, the judge must take the warning, 24 direction or comment into account in considering his or her verdict. Justice and Community Safety Legislation Amendment Bill page 25 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.2 Supreme Court Act 1933 Amendment [3.2] 1 (4) In this section: 2 territory law includes the Evidence Act 1995 (Cwlth). 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. © Australian Capital Territory 2010 page 26 Justice and Community Safety Legislation Amendment Bill 2010 (No 3) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au