2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Legislation repealed 3 Schedule 1 Legislation amended 4 Part 1.1 ACT Civil and Administrative Tribunal Act 2008 4 Part 1.2 Emergencies Act 2004 10 Part 1.3 Fair Trading (Consumer Affairs) Act 1973 12 J2009-827 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.4 Magistrates Court Act 1930 18 Part 1.5 Prohibited Weapons Act 1996 24 Part 1.6 Road Transport (Mass, Dimensions and Loading) Act 2009 24 Part 1.7 Supreme Court Act 1933 25 Part 1.8 Trustee Companies Act 1947 31 Part 1.9 Wills Act 1968 33 contents 2 Justice and Community Safety Legislation Amendment Bill 2010 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 A Bill for An Act to amend legislation about justice and community safety The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-827 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. 4 2 Commencement 5 (1) Schedule 1, part 1.3 (Fair Trading (Consumer Affairs) Act 1973), 6 amendment 1.24 commences on the day after this Act's notification 7 day. 8 Note The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 (2) Schedule 1, part 1.8 (Trustee Companies Act 1947) commences on 11 the later of-- 12 (a) the commencement of the Justice and Community Safety 13 Legislation Amendment Act 2009 (No 4), part 1.5 (Trustee 14 Companies Act 1947); and 15 (b) the day after this Act's notification day. 16 (3) The following provisions commence on 1 July 2010: 17 (a) section 4; 18 (b) schedule 1, part 1.3 (Fair Trading (Consumer Affairs) 19 Act 1973), amendments 1.21 to 1.23; 20 (c) schedule 1, part 1.6 (Road Transport (Mass, Dimensions and 21 Loading) Act 2009). 22 (4) The remaining provisions commence on the 28th day after this Act's 23 notification day. 24 3 Legislation amended 25 This Act amends the legislation mentioned in schedule 1. page 2 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 4 Legislation repealed 2 (1) The following legislation is repealed: 3 · Trade Measurement Act 1991 (A1991-56) 4 · Trade Measurement (Administration) Act 1991 (A1991-57) 5 · Trade Measurement (Measuring Instruments) Regulation 1991 6 (SL1991-27) 7 · Trade Measurement (Miscellaneous) Regulation 1991 8 (SL1991-28) 9 · Trade Measurement (Prepacked Articles) Regulation 1991 10 (SL1991-29) 11 · Trade Measurement (Weighbridges) Regulation 1991 12 (SL1991-30) 13 · Magistrates Court (Trade Measurement Infringement Notices) 14 Regulation 2002 (SL2002-36). 15 (2) All other legislative instruments under the Acts mentioned in 16 subsection (1) are repealed. Justice and Community Safety Legislation Amendment Bill page 3 2010 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 [1.1] 1 Schedule 1 Legislation amended 2 (see s 3) 3 Part 1.1 ACT Civil and Administrative 4 Tribunal Act 2008 5 [1.1] New section 25 (3) 6 insert 7 (3) To remove any doubt, a rule of a kind mentioned in 8 subsection (1) (e) cannot prescribe a time for doing a thing that is 9 longer than the time prescribed by an authorising law if the 10 authorising law provides that the thing cannot be done in the longer 11 time. 12 Note Any procedure under an authorising law for dealing with an application 13 prevails over the procedures set out in the rules for dealing with the 14 application (see s 27). For example, the Planning and Development 15 Act 2007, s 409 (3) provides that the period for making an application 16 for review of a decision under that Act cannot be extended. That 17 provision prevails over any rule to extend the time for making an 18 application under that Act. page 4 Justice and Community Safety Legislation Amendment Bill 2010 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 [1.2] 1 [1.2] New section 29 (6) 2 insert 3 (6) The tribunal must not join a person as a new applicant to an 4 application if the person is not entitled to apply to the tribunal under 5 the authorising law under which the application is made. 6 Example 7 Under the Planning and Development Act 2007, s 408 (1) only an entity 8 mentioned in relation to a decision in that Act may apply for review of a decision. 9 Note An example is part of the Act, is not exhaustive and may extend, but 10 does not limit, the meaning of the provision in which it appears (see 11 Legislation Act, s 126 and s 132). 12 [1.3] Section 32 (2), new note 13 insert 14 Note If the application is for review of a decision under the Heritage 15 Act 2004, the Planning and Development Act 2007 or the Tree 16 Protection Act 2005, the tribunal may also order the applicant to pay 17 costs (see s 48 (2) (d)). 18 [1.4] New section 48 (2) (d) 19 insert 20 (d) if the application is an application for review of a decision 21 under the Heritage Act 2004, the Planning and Development 22 Act 2007 or the Tree Protection Act 2005, and the tribunal 23 makes an order under section 32 (2) (Frivolous and vexatious 24 applications)--the tribunal may order the applicant to pay the 25 reasonable costs of the other party arising from the application; 26 or Justice and Community Safety Legislation Amendment Bill page 5 2010 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 [1.5] 1 [1.5] New section 48 (3) 2 insert 3 (3) For subsection (2) (d), reasonable costs of the other party arising 4 from the application include reasonable legal costs but do not 5 include holding costs. 6 Examples--holding costs 7 · interest and lender imposed charges associated with a loan 8 · costs of engaging workers and subcontractors and hiring equipment for a 9 development 10 Note An example is part of the Act, is not exhaustive and may extend, but 11 does not limit, the meaning of the provision in which it appears (see 12 Legislation Act, s 126 and s 132). 13 [1.6] Section 60 (4) and notes 14 substitute 15 (4) This section does not apply to an order under section 53 (Interim 16 orders) or an order of a procedural nature. 17 Examples--order of a procedural nature 18 adjournment, order for default judgement, order joining a party to a proceeding 19 Note 1 The rules may prescribe a longer period for asking for order details (see 20 s 25 (1) (e) and (2)). 21 Note 2 An example is part of the Act, is not exhaustive and may extend, but 22 does not limit, the meaning of the provision in which it appears (see 23 Legislation Act, s 126 and s 132). 24 [1.7] New section 77 (1A) 25 insert 26 (1A) However, this section does not apply to an application for review of 27 a decision under the Heritage Act 2004, the Planning and 28 Development Act 2007 or the Tree Protection Act 2005. page 6 Justice and Community Safety Legislation Amendment Bill 2010 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 [1.8] 1 [1.8] New section 77A 2 insert 3 77A Requests for rulings in land, planning and environment 4 applications 5 (1) This section applies if, under section 77, a requesting tribunal 6 requested a ruling tribunal to give a ruling on a question of law in an 7 application for a review of a decision under the Heritage Act 2004, 8 the Planning and Development Act 2007 or the Tree Protection 9 Act 2005 before the commencement day, 10 (2) Section 77, as in force immediately before the commencement day, 11 continues to apply to the request. 12 (3) This section is a law to which the Legislation Act, section 88 13 (Repeal does not end effect of transitional laws etc) applies. 14 (4) This section expires 6 months after the commencement day. 15 (5) In this section: 16 commencement day means the day this section commences. 17 requesting tribunal--see section 77 (1). 18 ruling tribunal--see section 77 (2). 19 [1.9] New section 78 (1A) 20 insert 21 (1A) However, this section does not apply to an application for review of 22 a decision under the Heritage Act 2004, the Planning and 23 Development Act 2007 or the Tree Protection Act 2005. Justice and Community Safety Legislation Amendment Bill page 7 2010 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 [1.10] 1 [1.10] New section 78A 2 insert 3 78A Requests for corrections of decisions on land, planning 4 and environment applications 5 (1) This section applies if, under section 78, the general president 6 requested a correction to an order, made on an application for a 7 review of a decision under the Heritage Act 2004, the Planning and 8 Development Act 2007 or the Tree Protection Act 2005, to the 9 tribunal before the commencement day. 10 (2) Section 78, as in force immediately before the commencement day, 11 continues to apply to the request 12 (3) This section is a law to which the Legislation Act, section 88 13 (Repeal does not end effect of transitional laws etc) applies. 14 (4) This section expires 6 months after the commencement day. 15 (5) In this section: 16 commencement day means the day this section commences. 17 [1.11] New section 79 (1A) 18 insert 19 (1A) However, this section does not apply to an application for review of 20 a decision under the Heritage Act 2004, the Planning and 21 Development Act 2007 or the Tree Protection Act 2005. page 8 Justice and Community Safety Legislation Amendment Bill 2010 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 [1.12] 1 [1.12] New section 79A 2 insert 3 79A Appeals for decisions on land, planning and environment 4 applications 5 (1) This section applies if-- 6 (a) the tribunal has decided an application (the original 7 application) for review of a decision under the Heritage 8 Act 2004, the Planning and Development Act 2007 or the Tree 9 Protection Act 2005; and 10 (b) a party to the original application appeals the tribunal's 11 decision under section 79 before the commencement day. 12 (2) Section 79, as in force immediately before the commencement day, 13 continues to apply to the application. 14 (3) This section is a law to which the Legislation Act, section 88 15 (Repeal does not end effect of transitional laws etc) applies. 16 (4) This section expires 6 months after the commencement day. 17 (5) In this section: 18 commencement day means the day this section commences. 19 [1.13] Section 86 (1) 20 after 21 application 22 insert 23 , other than an application mentioned in subsection (1A), Justice and Community Safety Legislation Amendment Bill page 9 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Emergencies Act 2004 Amendment [1.14] 1 [1.14] New section 86 (1A) 2 insert 3 (1A) A party to an application in relation to a review of a decision under 4 the Heritage Act 2004, the Planning and Development Act 2007 or 5 the Tree Protection Act 2005 may appeal to the Supreme Court on a 6 question of law from the original decision of the tribunal. 7 Part 1.2 Emergencies Act 2004 8 [1.15] Section 12 9 substitute 10 12 Delegation by commissioner 11 The commissioner may delegate the commissioner's functions under 12 this Act or another territory law to a public servant, a member of an 13 emergency service or an emergency services support volunteer. 14 Note For the making of delegations and the exercise of delegated functions, 15 see the Legislation Act, pt 19.4. 16 [1.16] New section 59CA 17 insert 18 59CA Appointment of emergency services support volunteers 19 (1) The commissioner may appoint a person as a volunteer 20 (an emergency services support volunteer)-- 21 (a) to assist the commissioner to perform the commissioner's 22 functions under this Act; or page 10 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Emergencies Act 2004 Part 1.2 Amendment [1.17] 1 (b) to assist an emergency service to perform the functions given 2 to the service under this Act. 3 Note 1 For the making of appointments (including acting appointments), see 4 the Legislation Act, pt 19.3. 5 Note 2 In particular, a person may be appointed for a particular provision of a 6 law (see Legislation Act, s 7 (3)) and an appointment may be made by 7 naming a person or nominating the occupant of a position (see 8 Legislation Act, s 207). 9 (2) However, the commissioner may not appoint a person under 10 subsection (1) if it would be more appropriate for the chief officer of 11 the service to appoint the person as a volunteer member of the 12 service. 13 (3) The appointment of a person to assist an emergency service must be 14 in accordance with the commissioner's guidelines for the service. 15 [1.17] Section 183 (1) 16 omit 17 member or casual volunteer (the volunteer) 18 [1.18] New section 183 (4) 19 insert 20 (4) In this section: 21 volunteer means-- 22 (a) a volunteer member; or 23 (b) a casual volunteer; or 24 (c) an emergency services support volunteer. 25 [1.19] New section 198 (4) (ba) 26 insert 27 (ba) an emergency services support volunteer; or Justice and Community Safety Legislation Amendment Bill page 11 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.20] 1 [1.20] Dictionary, new definitions 2 insert 3 commissioner's guidelines--see section 11 (1) (Commissioner may 4 make guidelines). 5 emergency services support volunteer--see section 59CA 6 (Appointment of emergency services support volunteers). 7 Part 1.3 Fair Trading (Consumer Affairs) 8 Act 1973 9 [1.21] Section 8 (2), definition of consumer and trader 10 legislation, paragraph (f) 11 omit 12 [1.22] Section 8 (2), definition of trade measurement legislation 13 omit 14 [1.23] New schedule 2 15 insert 16 Schedule 2 Trade measurement 17 transitional provisions 18 2.1 Definitions--sch 2 19 In this schedule: 20 commencement day means 1 July 2010. 21 Commonwealth law means the National Measurement Act 1960 22 (Cwlth). page 12 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.3 Amendment [1.23] 1 continuing matter means the following: 2 (a) a disciplinary action mentioned in section 2.3; 3 (b) a review mentioned in section 2.4; 4 (c) a seized measuring instrument, record, article or package 5 mentioned in section 2.5; 6 (d) an unpaid fee mentioned in section 2.6; 7 (e) a search warrant mentioned in section 2.7; 8 (f) anything done or not done under the repealed Acts in relation 9 to a matter mentioned in paragraphs (a) to (e). 10 National Measurement Institute means the National Measurement 11 Institute established under the Commonwealth law, section 17. 12 repealed Acts means the repealed Administration Act and the 13 repealed Principal Act. 14 repealed Administration Act means the Trade Measurement 15 (Administration) Act 1991. 16 repealed Principal Act means the Trade Measurement Act 1991. 17 2.2 Transitional--application of repealed Acts to continuing 18 matters 19 (1) The repealed Acts continue to apply in relation to the continuing 20 matters as if the repealed Acts had not been repealed. 21 (2) Without limiting subsection (1), in relation to the continuing 22 matters-- 23 (a) the commissioner continues as the administering authority and 24 licensing authority under the repealed Administration Act, 25 section 6; and 26 (b) an inspector may be appointed under the repealed 27 Administration Act, section 7; and Justice and Community Safety Legislation Amendment Bill page 13 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.23] 1 (c) the appointment of a person as an inspector under the repealed 2 Administration Act that is in force immediately before the 3 commencement day, continues in force until the end of the 4 term of appointment under the repealed Act, unless ended 5 earlier; and 6 (d) the commissioner may continue to exercise the powers and 7 discharge the functions that, under the repealed Acts, may be 8 exercised or discharged by an inspector, as mentioned in the 9 repealed Administration Act, section 7 (3). 10 2.3 Transitional--disciplinary actions 11 (1) This section applies if-- 12 (a) the licensing authority had served a notice on a licensee under 13 the repealed Principal Act, section 57 before the 14 commencement day; and 15 (b) the licensing authority had not taken disciplinary action under 16 the repealed Principal Act, section 58 against the licensee 17 before the commencement day. 18 (2) The licensing authority may take disciplinary action under the 19 repealed Principal Act, section 58 against the licensee as if the 20 repealed Acts had not been repealed. 21 2.4 Transitional--reviews 22 (1) Subsection (2) applies if-- 23 (a) immediately before the commencement day, a person was 24 entitled to apply for review of a reviewable decision of the 25 licensing authority under the repealed Principal Act; and 26 (b) the person had not applied before the commencement day. 27 (2) The person may apply to the ACAT for review, and the ACAT may 28 review the reviewable decision, as if the repealed Acts had not been 29 repealed. page 14 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.3 Amendment [1.23] 1 (3) Subsection (4) applies if-- 2 (a) a person had applied to the ACAT for review of a reviewable 3 decision of the licensing authority under the repealed Principal 4 Act; and 5 (b) the review had not been finally decided before the 6 commencement day. 7 (4) The ACAT may review, or continue to review, the reviewable 8 decision as if the repealed Acts had not been repealed. 9 2.5 Transitional--seized property 10 (1) This section applies if, before the commencement day, an inspector 11 seized-- 12 (a) a measuring instrument, or records produced by the instrument, 13 under the repealed Principal Act, section 61; or 14 (b) an article, a sample of an article, a package containing an 15 article or records concerning the article or package under the 16 repealed Principal Act, section 62. 17 (2) The inspector may retain, return or dispose of the instrument, 18 records, article or package under the repealed Acts as if the repealed 19 Acts had not been repealed. 20 2.6 Transitional--unpaid fees 21 (1) This section applies if, immediately before the commencement day, 22 a fee payable under the repealed Administration Act had not been 23 paid within the period prescribed by the Act. 24 (2) The fee may be recovered by the Territory as a debt. 25 (3) In this section: 26 fee includes a charge or other amount. Justice and Community Safety Legislation Amendment Bill page 15 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.23] 1 2.7 Transitional--search warrants 2 (1) This section applies if-- 3 (a) an inspector believes on reasonable grounds that an offence 4 under the repealed Acts had been committed before the 5 commencement day; and 6 (b) the inspector believes there are reasonable grounds for 7 suspecting that there may be on a premises a particular thing 8 connected with the offence; and 9 (c) a search warrant had not been issued under the repealed 10 Administration Act, section 15 before the commencement day. 11 (2) An inspector may apply, and a court may issue, a search warrant 12 under the repealed Administration Act, section 15, as if the repealed 13 Acts had not been repealed. 14 2.8 Transitional--disclosure of information 15 (1) The commissioner may disclose the following information to the 16 National Measurement Institute for the administration or 17 enforcement of the Commonwealth law: 18 (a) a copy of the register kept under the repealed Principal Act, 19 section 47; 20 (b) information obtained by the licensing authority and 21 administrative authority under the repealed Acts; 22 (c) information obtained by the commissioner or an inspector 23 about a continuing matter. 24 (2) If the information relates to seized property mentioned in 25 section 2.5, the commissioner may allow the National Measurement 26 Institute to inspect the property for the administration or 27 enforcement of the Commonwealth law. 28 (3) This section applies despite any other territory law. page 16 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.3 Amendment [1.24] 1 2.9 Transitional--reference to a repealed Act 2 To the extent permitted or required by the context or subject matter, 3 a reference in another territory law to either of the repealed Acts is a 4 reference to the Commonwealth law. 5 2.10 Transitional--regulations 6 (1) A regulation may prescribe transitional matters necessary or 7 convenient to be prescribed because of the repeal of the repealed 8 Acts. 9 (2) A regulation may modify this schedule (including in relation to 10 another territory law) to make provision in relation to anything that, 11 in the Executive's opinion, is not, or is not adequately or 12 appropriately, dealt with in this schedule. 13 (3) A regulation under subsection (2) has effect despite anything 14 elsewhere in this Act. 15 2.11 Expiry--sch 2 16 (1) This schedule expires on 1 July 2013. 17 (2) This schedule is a law to which the Legislation Act, section 88 18 (Repeal does not end effect of transitional laws etc) applies. 19 [1.24] Dictionary, definition of fair trading legislation, new 20 paragraph (aa) 21 insert 22 (aa) the Eggs (Labelling and Sale) Act 2001; or Justice and Community Safety Legislation Amendment Bill page 17 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Magistrates Court Act 1930 Amendment [1.25] 1 Part 1.4 Magistrates Court Act 1930 2 [1.25] New division 2.2.3A 3 insert 4 Division 2.2.3A Judicial officers exchange 5 9C Definitions--div 2.2.3A 6 In this division: 7 ACT court means a court of this jurisdiction mentioned in an item in 8 schedule 2, column 2. 9 corresponding court, in relation to an ACT court mentioned in an 10 item in schedule 2, column 2, means a court of another jurisdiction 11 mentioned in the item, column 3. 12 court includes tribunal. 13 judicial exchange arrangement means an arrangement under 14 section 9D. 15 judicial officer means a magistrate or other person who, whether 16 alone or together with others, constitutes a court, but does not 17 include a lay member of a court. 18 participating jurisdiction means the Commonwealth, a State or 19 another country if under the law of that jurisdiction a judicial 20 exchange arrangement may be entered into with the Attorney- 21 General of this jurisdiction. 22 Note State includes the Northern Territory (see Legislation Act, dict, pt 1). 23 this jurisdiction means the ACT. page 18 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court Act 1930 Part 1.4 Amendment [1.25] 1 9D Establishment of judicial exchange arrangements 2 (1) The Attorney-General of this jurisdiction may enter into an 3 arrangement with the Attorney-General of a participating 4 jurisdiction for the temporary transfer of judicial officers between 5 ACT courts and corresponding courts. 6 (2) An arrangement under this section cannot provide for the transfer of 7 judicial officers to a federal court of the Commonwealth. 8 (3) Without limiting subsection (1), an arrangement under this 9 section-- 10 (a) may require transfers to a court to be subject to the prior 11 approval of either or both of the following: 12 (i) the Attorney-General of this jurisdiction; 13 (ii) the Attorney-General of the participating jurisdiction; and 14 (b) may establish the manner and form in which a transfer to a 15 court is to be made; and 16 (c) may determine the rank, title, status and precedence of a 17 transferred judicial officer. 18 9E Transfer of judicial officer of another jurisdiction to ACT 19 court 20 (1) This section applies if a judicial exchange arrangement provides for 21 the transfer to an ACT court of a judicial officer of a corresponding 22 court. 23 (2) The chief magistrate may, in accordance with the judicial exchange 24 arrangement and with the agreement of the senior judicial officer of 25 the corresponding court, appoint a judicial officer of the 26 corresponding court to act as a judicial officer of the ACT court. 27 (3) The judicial officer of the corresponding court is qualified for 28 appointment despite any law of this jurisdiction to the contrary. Justice and Community Safety Legislation Amendment Bill page 19 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Magistrates Court Act 1930 Amendment [1.25] 1 (4) The maximum term for which an appointment under this section 2 may be made on any one occasion is 6 months. 3 (5) However, an appointment under this section may not extend beyond 4 the retirement age for judicial officers of the ACT court. 5 (6) A judicial officer of a corresponding court may be appointed under 6 this section to more than one ACT court. 7 (7) A judicial officer whose appointment under this section has ceased 8 may complete or otherwise continue to deal with any matters 9 relating to proceedings in the ACT court that have been heard, or 10 partly heard, by the judicial officer before the appointment under 11 this section ceased. 12 9F Service in ACT court of judicial officer of another 13 jurisdiction 14 (1) This section applies to a judicial officer of a corresponding court 15 who is appointed to act as a judicial officer of an ACT court in 16 accordance with a judicial exchange arrangement. 17 (2) While acting as a judicial officer of the ACT court, the judicial 18 officer of the corresponding court has all the powers, authorities, 19 privileges and immunities of, and is taken to be for all purposes, a 20 judicial officer of the ACT court. 21 (3) Despite subsection (2), territory laws concerning the following 22 matters do not apply to the judicial officer of the corresponding 23 court while acting as a judicial officer of the ACT court: 24 (a) the remuneration, allowances and other conditions of service of 25 judicial officers; 26 (b) the pension or other superannuation entitlements of judicial 27 officers and related provisions; 28 (c) the removal or suspension of judicial officers from office. page 20 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court Act 1930 Part 1.4 Amendment [1.25] 1 9G Service of ACT judicial officer in corresponding court 2 (1) This section applies to a judicial officer of an ACT court who is 3 appointed to act as a judicial officer of a corresponding court in 4 accordance with a judicial exchange arrangement. 5 (2) The judicial officer's service as a judicial officer of the 6 corresponding court is taken to be service as a judicial officer of the 7 ACT court for the purposes of territory laws about-- 8 (a) the remuneration, allowances and other conditions of service of 9 judicial officers; and 10 (b) the pension or other superannuation entitlements of judicial 11 officers and related provisions; and 12 (c) the removal or suspension of judicial officers from office. 13 9H Judicial office not affected by appointment to another 14 judicial office 15 (1) In this section: 16 court includes a tribunal (however described) that exercises 17 functions of a judicial nature or functions of a similar nature (such 18 as conciliation functions, arbitration functions, disciplinary 19 functions or administrative review functions). 20 judicial office extends to the office of any member of a court, but 21 only if the holder of the office is required to be a judicial officer or 22 have legal qualifications. 23 (2) The doctrine of incompatibility of office-- 24 (a) does not operate to prevent the holder of a judicial office 25 (the original office) from being appointed to another judicial 26 office (the additional office); and Justice and Community Safety Legislation Amendment Bill page 21 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Magistrates Court Act 1930 Amendment [1.25] 1 (b) does not operate to effect or require the surrender or vacation 2 of the original office as a result of the appointment to the 3 additional office. 4 (3) This section applies-- 5 (a) even if the original office or the additional office is held on an 6 acting or temporary basis; and 7 (b) even if the original office or the additional office is a judicial 8 office of another jurisdiction (including, but not limited to, 9 judicial offices to which appointments are made under 10 section 9E); and 11 (c) even if an appeal lies from a decision of the court of one of the 12 judicial offices to the court of the other judicial office; and 13 (d) even if the courts of the judicial offices are not of the same 14 status. 15 9I Other arrangements not affected 16 This division does not limit or affect any other arrangements under 17 which-- 18 (a) a judicial officer of another jurisdiction may be appointed or 19 act as a judicial officer of this jurisdiction; or 20 (b) a judicial officer of this jurisdiction may be appointed or act as 21 a judicial officer of another jurisdiction. 22 9J Amendment of sch 2 23 A regulation may amend schedule 2. page 22 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Magistrates Court Act 1930 Part 1.4 Amendment [1.26] 1 [1.26] New schedule 2 2 insert 3 Schedule 2 ACT and corresponding courts 4 (see s 9C, defs ACT court and corresponding court) column 1 column 2 column 3 item ACT court corresponding court 1 Childrens Court Alcohol Court of the Northern Territory Coroner's Court Children's Court of Western Australia Magistrates Court Coroners Court of South Australia Court of Summary Jurisdiction of the Northern Territory Local Court of New South Wales Local Court of the Northern Territory Magistrates Courts of South Australia, Tasmania, Victoria and Western Australia Warden's Courts of South Australia and the Northern Territory Work Health Court of the Northern Territory Youth Court of South Australia (constituted by a Magistrate) Youth Justice Court of the Northern Territory Justice and Community Safety Legislation Amendment Bill page 23 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.5 Prohibited Weapons Act 1996 Amendment [1.27] 1 Part 1.5 Prohibited Weapons Act 1996 2 [1.27] Section 4 (1) (b) 3 after 4 prohibited weapon 5 insert 6 or prohibited article 7 Part 1.6 Road Transport (Mass, 8 Dimensions and Loading) 9 Act 2009 10 [1.28] Section 414 (1) 11 substitute 12 (1) This section applies to a statement in a certificate issued under the 13 National Measurement Act 1960 (Cwlth). 14 [1.29] Section 414 (3) 15 substitute 16 (3) In this section: 17 measuring instrument means a measuring instrument under the 18 National Measurement Act 1960 (Cwlth), section 3. page 24 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Supreme Court Act 1933 Part 1.7 Amendment [1.30] 1 Part 1.7 Supreme Court Act 1933 2 [1.30] Section 25 3 omit 4 sections 26 to 32 5 substitute 6 sections 26 to 34B 7 [1.31] New section 34 8 insert 9 34 Equitable damages 10 If the court has power to grant an injunction or an order for specific 11 performance, the court may give damages in addition to, or in 12 substitution for, the injunction or specific performance. 13 [1.32] New part 8A 14 insert 15 Part 8A Judicial officers exchange 16 69A Definitions--pt 8A 17 In this division: 18 ACT court means a court of this jurisdiction mentioned in an item in 19 schedule 2, column 2. 20 corresponding court, in relation to an ACT court mentioned in an 21 item in schedule 2, column 2, means a court of another jurisdiction 22 mentioned in the item, column 3. 23 court includes tribunal. Justice and Community Safety Legislation Amendment Bill page 25 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Supreme Court Act 1933 Amendment [1.32] 1 judicial exchange arrangement means an arrangement under 2 section 69B. 3 judicial officer means a judge or other person who, whether alone 4 or together with others, constitutes a court, but does not include a 5 lay member of a court. 6 participating jurisdiction means the Commonwealth, a State or 7 another country if under the law of that jurisdiction a judicial 8 exchange arrangement may be entered into with the Attorney- 9 General of this jurisdiction. 10 Note State includes the Northern Territory (see Legislation Act, dict, pt 1). 11 this jurisdiction means the ACT. 12 69B Establishment of judicial exchange arrangements 13 (1) The Attorney-General of this jurisdiction may enter into an 14 arrangement with the Attorney-General of a participating 15 jurisdiction for the temporary transfer of judicial officers between 16 ACT courts and corresponding courts. 17 (2) An arrangement under this section cannot provide for the transfer of 18 judicial officers to a federal court of the Commonwealth. 19 (3) Without limiting subsection (1), an arrangement under this 20 section-- 21 (a) may require transfers to a court to be subject to the prior 22 approval of either or both of the following: 23 (i) the Attorney-General of this jurisdiction; 24 (ii) the Attorney-General of the participating jurisdiction; and 25 (b) may establish the manner and form in which a transfer to a 26 court is to be made; and 27 (c) may determine the rank, title, status and precedence of a 28 transferred judicial officer. page 26 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Supreme Court Act 1933 Part 1.7 Amendment [1.32] 1 69C Transfer of judicial officer of another jurisdiction to ACT 2 court 3 (1) This section applies if a judicial exchange arrangement provides for 4 the transfer to an ACT court of a judicial officer of a corresponding 5 court. 6 (2) The Chief Justice may, in accordance with the judicial exchange 7 arrangement and with the agreement of the senior judicial officer of 8 the corresponding court, appoint a judicial officer of the 9 corresponding court to act as a judicial officer of the ACT court. 10 (3) The judicial officer of the corresponding court is qualified for 11 appointment despite any law of this jurisdiction to the contrary. 12 (4) The maximum term for which an appointment under this section 13 may be made on any one occasion is 6 months. 14 (5) However, an appointment under this section may not extend beyond 15 the retirement age for judicial officers of the ACT court. 16 (6) A judicial officer of a corresponding court may be appointed under 17 this section to more than one ACT court. 18 (7) A judicial officer whose appointment under this section has ceased 19 may complete or otherwise continue to deal with any matters 20 relating to proceedings in the ACT court that have been heard, or 21 partly heard, by the judicial officer before the appointment under 22 this section ceased. 23 69D Service in ACT court of judicial officer of another 24 jurisdiction 25 (1) This section applies to a judicial officer of a corresponding court 26 who is appointed to act as a judicial officer of an ACT court in 27 accordance with a judicial exchange arrangement. Justice and Community Safety Legislation Amendment Bill page 27 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Supreme Court Act 1933 Amendment [1.32] 1 (2) While acting as a judicial officer of the ACT court, the judicial 2 officer of the corresponding court has all the powers, authorities, 3 privileges and immunities of, and is taken to be for all purposes, a 4 judicial officer of the ACT court. 5 (3) Despite subsection (2), territory laws concerning the following 6 matters do not apply to the judicial officer of the corresponding 7 court while acting as a judicial officer of the ACT court: 8 (a) the remuneration, allowances and other conditions of service of 9 judicial officers; 10 (b) the pension or other superannuation entitlements of judicial 11 officers and related provisions; 12 (c) the removal or suspension of judicial officers from office. 13 69E Service of ACT judicial officer in corresponding court 14 (1) This section applies to a judicial officer of an ACT court who is 15 appointed to act as a judicial officer of a corresponding court in 16 accordance with a judicial exchange arrangement. 17 (2) The judicial officer's service as a judicial officer of the 18 corresponding court is taken to be service as a judicial officer of the 19 ACT court for the purposes of territory laws about-- 20 (a) the remuneration, allowances and other conditions of service of 21 judicial officers; and 22 (b) the pension or other superannuation entitlements of judicial 23 officers and related provisions; and 24 (c) the removal or suspension of judicial officers from office. page 28 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Supreme Court Act 1933 Part 1.7 Amendment [1.32] 1 69F Judicial office not affected by appointment to another 2 judicial office 3 (1) In this section: 4 court includes a tribunal (however described) that exercises 5 functions of a judicial nature or functions of a similar nature (such 6 as conciliation functions, arbitration functions, disciplinary 7 functions or administrative review functions). 8 judicial office extends to the office of any member of a court, but 9 only if the holder of the office is required to be a judicial officer or 10 have legal qualifications. 11 (2) The doctrine of incompatibility of office-- 12 (a) does not operate to prevent the holder of a judicial office 13 (the original office) from being appointed to another judicial 14 office (the additional office); and 15 (b) does not operate to effect or require the surrender or vacation 16 of the original office as a result of the appointment to the 17 additional office. 18 (3) This section applies-- 19 (a) even if the original office or the additional office is held on an 20 acting or temporary basis; and 21 (b) even if the original office or the additional office is a judicial 22 office of another jurisdiction (including, but not limited to, 23 judicial offices to which appointments are made under 24 section 69C); and 25 (c) even if an appeal lies from a decision of the court of one of the 26 judicial offices to the court of the other judicial office; and 27 (d) even if the courts of the judicial offices are not of the same 28 status. Justice and Community Safety Legislation Amendment Bill page 29 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Supreme Court Act 1933 Amendment [1.33] 1 69G Other arrangements not affected 2 This division does not limit or affect any other arrangements under 3 which-- 4 (a) a judicial officer of another jurisdiction may be appointed or 5 act as a judicial officer of this jurisdiction; or 6 (b) a judicial officer of this jurisdiction may be appointed or act as 7 a judicial officer of another jurisdiction. 8 69H Amendment of sch 2 9 A regulation may amend schedule 2. 10 [1.33] New schedule 2 11 insert 12 Schedule 2 ACT and corresponding courts 13 (see s 69A, defs ACT court and corresponding court) column 1 column 2 column 3 item ACT court corresponding court 1 Supreme Court Federal Court of Australia Supreme Court of any State (other than Queensland) 14 Note State includes the Northern Territory (see Legislation Act, dict, pt 1). page 30 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Trustee Companies Act 1947 Part 1.8 Amendment [1.34] 1 Part 1.8 Trustee Companies Act 1947 2 [1.34] New section 34B 3 insert 4 34B Compulsory transfer determinations 5 (1) This section applies if-- 6 (a) the Australian Securities and Investments Commission (ASIC) 7 cancels the licence of a trustee company (the transferring 8 company) and makes a determination under the Corporations 9 Act, section 601WBA that there is to be a transfer of estate 10 assets and liabilities from the transferring company to another 11 licensed trustee company (the receiving company); and 12 (b) ASIC issues a certificate of transfer under that Act, 13 section 601WBG for the transfer; and 14 (c) either the transferring company or the receiving company (or 15 both) is registered in the ACT. 16 Note A reference to a law (including a Cwlth Act) includes a reference to the 17 Act as originally made and as amended (see Legislation Act, s 102). 18 (2) When the certificate of transfer comes into force, the receiving 19 company is taken to be the successor in law in relation to estate 20 assets and liabilities of the transferring company, to the extent of the 21 transfer. 22 Note The Corporations Act, s 601WBG requires the certificate of transfer to 23 state when it is to come into force. 24 (3) Without limiting subsection (2)-- 25 (a) if the transfer is a total transfer--all of the assets and liabilities 26 of the transferring company become assets and liabilities of the 27 receiving company (without the need for any further 28 conveyance, transfer, assignment or assurance); and Justice and Community Safety Legislation Amendment Bill page 31 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.8 Trustee Companies Act 1947 Amendment [1.34] 1 (b) if the transfer is a partial transfer--the assets and liabilities 2 listed as referred to in the Corporations Act, 3 section 601WBG (2) (c) of the transferring company become 4 assets and liabilities of the receiving company (without the 5 need for any further conveyance, transfer, assignment or 6 assurance); and 7 (c) to the extent of the transfer--the duties, obligations, 8 immunities, rights and privileges applying to the transferring 9 company apply to the receiving company; and 10 (d) if the certificate includes provisions of the kind referred to in 11 the Corporations Act, section 601WBG (3) specifying-- 12 (i) that particular things are to happen or are taken to be the 13 case--those things are taken to happen, or to be the case, 14 in accordance with those provisions; and 15 (ii) a mechanism for determining things that are to happen or 16 are taken to be the case--things determined in 17 accordance with the mechanism are taken to happen, or 18 to be the case, as determined in accordance with that 19 mechanism. 20 (4) The operation of this section is not to be regarded as-- 21 (a) a breach of contract or confidence or otherwise as a civil 22 wrong; or 23 (b) a breach of any instrument (including, without limitation, any 24 provision prohibiting, restricting or regulating the assignment 25 or transfer of assets or liabilities); or 26 (c) an event of default under any contract or other instrument; or 27 (d) giving rise to any remedy by a party to a contract or other 28 instrument, or as causing or permitting the termination of, or 29 exercise of rights under, any contract or other instrument. page 32 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Wills Act 1968 Part 1.9 Amendment [1.35] 1 [1.35] Dictionary, definition of trustee company 2 substitute 3 trustee company means a licensed trustee company within the 4 meaning of the Corporations Act, chapter 5D. 5 Note A reference to a law (including a Cwlth Act) includes a reference to the 6 Act as originally made and as amended (see Legislation Act, s 102). 7 Part 1.9 Wills Act 1968 8 [1.36] New part 3A 9 insert 10 Part 3A Court authorised wills for people 11 without testamentary capacity 12 16A Court may authorise will to be made, altered or revoked 13 for person without testamentary capacity 14 (1) The Supreme Court may, on application, make an order 15 authorising-- 16 (a) a will to be made or altered, in the terms approved by the court, 17 for a person who does not have testamentary capacity; or 18 (b) a will, or part of a will, to be revoked for a person who does 19 not have testamentary capacity. 20 Note A person may only make an application for an order if the person has 21 obtained the leave of the Court--see s 16B. 22 (2) An order under this section may authorise-- 23 (a) the making or alteration of a will that deals with the whole or 24 part of the property of a person who does not have 25 testamentary capacity; or Justice and Community Safety Legislation Amendment Bill page 33 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.9 Wills Act 1968 Amendment [1.36] 1 (b) the alteration of part of the will of the person. 2 (3) The Supreme Court must not make an order under this section 3 unless the person for whom the order is sought is alive when the 4 order is made. 5 (4) The Supreme Court may make an order under this section for a child 6 who does not have testamentary capacity. 7 (5) In making an order under this section, the Supreme Court may give 8 any necessary related orders or directions. 9 (6) A will that is authorised to be made or altered by an order under this 10 section must be deposited with the registrar under section 32. 11 (7) A failure to comply with subsection (6) does not affect the validity 12 of the will. 13 16B Information required in support of application for leave 14 (1) A person may apply for an order under section 16A only with the 15 Supreme Court's leave. 16 (2) On an application for leave a person must, unless the Supreme Court 17 otherwise directs, give the court the following information: 18 (a) a written statement of the general nature of the application and 19 the reasons for making it; 20 (b) satisfactory evidence that the person for whom the order is 21 sought does not have testamentary capacity; 22 (c) a reasonable estimate, formed from the evidence available to 23 the applicant, of the size and character of the estate of the 24 person for whom the order is sought; 25 (d) a draft of the proposed will, alteration or revocation for which 26 the applicant is seeking the court's approval; 27 (e) any evidence available to the applicant of the wishes of the 28 person for whom the order is sought; page 34 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Wills Act 1968 Part 1.9 Amendment [1.36] 1 (f) any evidence available to the applicant of the likelihood of the 2 person for whom the order is sought acquiring or regaining 3 testamentary capacity; 4 (g) any evidence available to the applicant of the terms of any will 5 previously made by the person for whom the order is sought; 6 (h) any evidence available to the applicant, or that can be 7 discovered with reasonable diligence, of any people who might 8 be entitled to claim on the intestacy of the person for whom the 9 order is sought; 10 (i) any evidence available to the applicant of the likelihood of an 11 application being made under the Family Provision Act 1969 in 12 relation to the property of the person for whom the order is 13 sought; 14 (j) any evidence available to the applicant, or that can be 15 discovered with reasonable diligence, of the circumstances of 16 any person for whom provision might reasonably be expected 17 to be made by will by the person for whom the order is sought; 18 (k) any evidence available to the applicant of a gift for a charitable 19 or other purpose that the person for whom the order is sought 20 might reasonably be expected to make by will; 21 (l) any other facts of which the applicant is aware that are relevant 22 to the application. 23 16C Hearing of application for leave 24 (1) On hearing an application for leave the Supreme Court may-- 25 (a) give leave and allow the application for leave to proceed as an 26 application for an order under section 16A (Court may 27 authorise a will to be made, altered or revoked for a person 28 without testamentary capacity); and Justice and Community Safety Legislation Amendment Bill page 35 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.9 Wills Act 1968 Amendment [1.36] 1 (b) if satisfied of the matters set out in section 16E (Court must be 2 satisfied about certain matters), make the order. 3 (2) Without limiting the action the Supreme Court may take in hearing 4 an application for leave, the court may revise the terms of any draft 5 of the proposed will, alteration or revocation for which the court's 6 approval is sought. 7 16D Hearing of application for order 8 In considering an application for an order under section 16A (Court 9 may authorise a will to be made, altered or revoked for a person 10 without testamentary capacity), the Supreme Court-- 11 (a) may have regard to any information given to the court under 12 section 16B (Information required in support of application for 13 leave); and 14 (b) may inform itself of any other matter in any manner it sees fit; 15 and 16 (c) is not bound by the rules of evidence. 17 16E Court must be satisfied about certain matters 18 The Supreme Court must refuse leave to make an application for an 19 order under section 16A (Court may authorise a will to be made, 20 altered or revoked for a person without testamentary capacity) 21 unless the court is satisfied that-- 22 (a) there is reason to believe that the person for whom the order is 23 sought is, or is reasonably likely to be, incapable of making a 24 will; and 25 (b) the proposed will, alteration or revocation is, or is reasonably 26 likely to be, one that would have been made by the person if he 27 or she had testamentary capacity; and 28 (c) it is or may be appropriate for the order to be made; and page 36 Justice and Community Safety Legislation Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Wills Act 1968 Part 1.9 Amendment [1.36] 1 (d) the applicant for leave is an appropriate person to make the 2 application; and 3 (e) adequate steps have been taken to allow representation of all 4 people with a legitimate interest in the application, including 5 any person who has reason to expect a gift or benefit from the 6 estate of the person for whom the order is sought. 7 16F Execution of will made under order 8 (1) A will that is made or altered by an order under section 16A (Court 9 may authorise a will to be made, altered or revoked for a person 10 without testamentary capacity) is properly executed if-- 11 (a) it is in writing; and 12 (b) it is signed by the registrar and sealed with the seal of the 13 Supreme Court. 14 (2) A will may only be signed by the registrar if the person in relation to 15 whom the order is made is alive. 16 16G Retention of will 17 (1) Despite section 32 (4), a will deposited with the registrar in 18 accordance with this part must not be delivered to the person for 19 whom it was made unless-- 20 (a) the Supreme Court has made an order under section 16A 21 (Court may authorise a will to be made, altered or revoked for 22 a person without testamentary capacity) authorising the 23 revocation of the whole of the will; or 24 (b) the person has acquired or regained testamentary capacity. 25 (2) If the registrar is given a copy of an order made under section 16A 26 authorising the revocation of the whole of a will, the registrar 27 must-- 28 (a) enter the particulars of the order in the index; and Justice and Community Safety Legislation Amendment Bill page 37 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.9 Wills Act 1968 Amendment [1.37] 1 (b) with the permission of a judge of the Supreme Court, cause the 2 will to be destroyed; and 3 (c) enter the date when the will was destroyed in the index. 4 16H Separate representation of person without testamentary 5 capacity 6 If it appears to the Supreme Court that the person who does not have 7 testamentary capacity should be separately represented in 8 proceedings under this part, the court may-- 9 (a) order that the person be separately represented; and 10 (b) make any orders it considers necessary to secure that 11 representation. 12 16I Recognition of statutory wills 13 (1) A statutory will made in accordance with the law of the place where 14 the deceased person was resident at the time of the execution of the 15 will is to be regarded as a valid will of the deceased person. 16 (2) In this section: 17 statutory will means a will executed in accordance with a law of the 18 Territory, or another place for a person who, at the time of 19 execution, did not have testamentary capacity. 20 [1.37] Section 21 21 omit 22 sections 8B, 20 and 20A 23 substitute 24 sections 8B, 16A, 20 and 20A page 38 Justice and Community Safety Legislation Amendment Bill 2010 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 Justice and Community Safety Legislation Amendment Bill page 39 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au