Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2004 (No 2)
A2004-32
    
Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Agents Act 2003
	3	Legislation amended—pt 2	3
	4	Eligibility for licences
Section 24 (1) (d)	3
	5	New section 24 (3A)	3
	6	Section 24	3
	7	Dealing with trust money
New section 107 (3A)	4
	8	Section 107	4
Part 3	Agents Regulations 2003
	9	Legislation amended—pt 3	5
	10	Qualifications for licences, Act s 25
New regulation 6 (1A)	5
	11	Regulation 6	5
Part 4	Civil Law (Sale of Residential Property) Act 2003
	12	Legislation amended—pt 4	6
	13	Definitions for pt 2
Section 7, new definition of building and compliance inspection report	6
	14	Section 7, definition of building inspection report	6
	15	Section 7, definition of encumbrance	6
	16	Section 7, definition of pest treatment certificate	6
	17	Section 7, definition of seller, paragraph (a)	7
	18	Meaning of residential property
New section 8 (2) (ba)	7
	19	Section 8 (2) (c)	7
	20	Section 8 (2)	7
	21	Meaning of required documents
New section 9 (1) (ba)	8
	22	Section 9 (1) (f) (i)	8
	23	Section 9 (1) (g) (iii)	8
	24	Section 9 (1) (g) (iii)	9
	25	Section 9 (1) (g) (iv) and (v)	9
	26	Section 9 (1) (g) (vi) and (vii)	9
	27	Section 9 (1) (g) (vii)	9
	28	New section 9 (1) (h)	9
	29	Section 9 (1)	10
	30	Section 9 (2) (a)	10
	31	Section 9 (2) (a) (iii)	10
	32	Section 9 (2) (b)	10
	33	New section 9 (2) (c) and (d)	10
	34	Section 9 (3)	11
	35	Proposed contract etc to be available for inspection
Section 10 (1)	11
	36	Certain conditions to be included in contract
Section 11 (1) (a) (ii)	11
	37	Section 11 (1) (d)	12
	38	Section 11 (1) (f) (iii)	12
	39	Section 11 (1) (g) (i)	12
	40	Section 11 (1) (g) (iii)	13
	41	Section 11 (1) (h)	13
	42	Section 11 (1) (i)	13
	43	Section 11 (2)	14
	44	Section 11 (2) (a)	14
	45	Buyer may waive cooling-off period
Section 13	14
	46	Buyer to reimburse seller for cost of certain reports
Section 18 (a) and (b)	14
	47	Definitions for pt 3
Section 20, definition of energy efficiency rating statement, paragraph (a)	15
	48	Bidders record
Section 25 (4)	15
	49	Bidder’s name and address to be established by proof of identity
Section 26 (5)	15
	50	New section 31A	16
	51	Auction conditions to be available before auction begins
New section 32 (3)	16
	52	Making false or misleading statements
Section 37 (7), definition of relevant document, paragraph (b), (c) and (d)	16
	53	Regulation-making power
New section 40 (3) and (4)	17
	54	New part 7	17
	55	Schedule 1, amendment 1.1
Proposed new section 89A (1) (b) and (2) (c)	18
	56	Dictionary, new definition of building and compliance inspection report	18
	57	Dictionary, definition of building inspection report	19
	58	Dictionary, new definition of developer’s holding lease	19
	59	Dictionary, definition of pest treatment certificate	19
	60	Dictionary, new definition of unit title certificate	19
Part 5	Civil Law (Wrongs) Act 2002
	61	Legislation amended—pt 5	20
	62	Limitation of liability for acts of terrorism
Section 38 (1)	20
	63	Expiry of pt 3.3
Section 39	20
	64	Respondent to give documents etc to claimant
Section 68 (2) (b)	20
	65	Application provision for Civil Law (Wrongs) Amendment Act 2003
Section 225	21
	66	Section 225	21
Part 6	Civil Law (Wrongs) Regulations 2003
	67	Legislation amended—pt 6	22
	68	Modification of Act, ch 16—Act, s 231
Regulation 13	22
Part 7	Cooperatives Act 2002
	69	Legislation amended—pt 7	23
	70	New section 451A	23
Part 8	Crimes Act 1900
	71	Legislation amended—pt 8	24
	72	New section 26A	24
Part 9	Crimes (Forensic Procedures) Act 2000
	73	Legislation amended—pt 9	25
	74	Permissible matching of DNA profiles
Section 97 (1)	25
	75	Section 97	30
Part 10	Domestic Relationships Act 1994
	76	Legislation amended—pt 10	31
	77	Section 31	31
	78	New section 33 (3), (4) and (5)	31
Part 11	Justices of the Peace Act 1989
	79	Legislation amended—pt 11	32
	80	Title	32
	81	Section 1	32
	82	Sections 3 and 3A	32
	83	Register
Section 4	33
	84	Section 4A	33
	85	Sections 5 and 6	33
	86	New section 7	33
Part 12	Leases (Commercial and Retail) Act 2001
	87	Legislation amended—pt 12	34
	88	Expiry of pt 16
Section 171	34
Part 13	Legislation Act 2001
	89	Legislation amended—pt 13	35
	90	When must prosecutions begin?
Section 192 (1)	35
Part 14	Ombudsman Act 1989
	91	Legislation amended—pt 14	36
	92	Functions
New section 5 (2) (ca)	36
	93	Section 5 (2)	36
Part 15	Security Industry Act 2003
	94	Legislation amended—pt 15	37
	95	General suitability criteria
Section 21 (1) (a) (iii)	37
	96	Section 21 (1) (b) (ii)	37
	97	Section 52 heading	37
	98	Section 52 (2) (f)	37
Part 16	Security Industry Regulations 2003
	99	Legislation amended—pt 16	39
	100	Regulation 7	39
Part 17	Trade Measurement Act 1991
	101	Legislation amended—pt 17	41
	102	Exemptions from Act
New section 6 (2) (a)	41

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2004 (No 2)
A2004-32

An Act to amend the law relating to justice and community safety

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2004 (No 2).
2	Commencement
	(1)	Part 2 (Agents Act 2003), part 3 (Agents Regulations 2003) and part 12 (Leases (Commercial and Retail) Act 2001) commence on the day after this Act’s notification day.
	(2)	Part 4 (Civil Law (Sale of Residential Property) Act 2003) commences on 1 July 2004.
	(3)	The remaining provisions commence on the 14th day after this Act’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Agents Act 2003
3	Legislation amended—pt 2
This part amends the Agents Act 2003.
4	Eligibility for licences
Section 24 (1) (d)
substitute
	(d)	for a travel agents licence—the individual is eligible under section 26 (Additional eligibility grounds for travel agents). 
5	New section 24 (3A)
insert
	(3A)	However, a corporation is eligible to be licensed as a travel agent if—
	(a)	the commissioner for fair trading is satisfied that no director of the corporation is disqualified from being licensed under section 27; and
	(b)	at least 1 director of the corporation satisfies the eligibility requirements of section 24 (1) (a) to (c); and
	(c)	the corporation satisfies the additional eligibility requirements of section 26 (Additional eligibility grounds for travel agents).
6	Section 24
renumber subsections when Act next republished under Legislation Act

7	Dealing with trust money
New section 107 (3A)
insert
	(3A)	A licensed agent commits an offence if the agent pays an amount out of a trust account maintained by the agent otherwise than—
	(a)	by electronic transfer; or
	(b)	by using a cheque that—
	(i)	is expressed to be payable to a person specified in the cheque; and
	(ii)	clearly bears across the front of the cheque the addition of 2 parallel transverse lines with the words ‘not negotiable’ between, or substantially between, the lines.
Note	This cheque is a ‘crossed cheque’ (see Cheques Act 1986 (Cwlth), s 53).
Maximum penalty:  100 penalty units.
8	Section 107
renumber subsections when Act next republished under Legislation Act

Part 3	Agents Regulations 2003
9	Legislation amended—pt 3
This part amends the Agents Regulations 2003.
10	Qualifications for licences, Act s 25
New regulation 6 (1A)
insert
	(1A)	However, a person has the qualifications for a real estate agents licence if, immediately before the repeal of the repealed Act, the person was eligible for the grant of a real estate agent’s licence under that Act.
11	Regulation 6
renumber subregulations when regulations next republished under Legislation Act

Part 4	Civil Law (Sale of Residential Property) Act 2003
12	Legislation amended—pt 4
This part amends the Civil Law (Sale of Residential Property) Act 2003.
13	Definitions for pt 2
Section 7, new definition of building and compliance inspection report
insert
building and compliance inspection report means a building and compliance inspection report prescribed under the regulations. 
14	Section 7, definition of building inspection report
omit
15	Section 7, definition of encumbrance
substitute
encumbrance, in relation to residential property proposed to be sold, includes an unregistered or statutory encumbrance, but does not include an encumbrance that is to be released or discharged on or before completion of the sale.
16	Section 7, definition of pest treatment certificate
omit
17	Section 7, definition of seller, paragraph (a)
after
legal
insert
or equitable
18	Meaning of residential property
New section 8 (2) (ba)
insert
	(ba)	land or a unit subject to the Retirement Villages Industry Code of Practice prescribed under the Fair Trading Act 1992, section 34; or
19	Section 8 (2) (c)
omit
‘developer’s holding lease’
substitute
developer’s holding lease
20	Section 8 (2)
renumber paragraphs when Act next republished under Legislation Act
21	Meaning of required documents
New section 9 (1) (ba)
insert
	(ba)	a copy of the deposited plan; 
22	Section 9 (1) (f) (i)
substitute
	(i)	if there is a registered units plan—
	(A)	the registered units plan; and
	(B)	a unit title certificate for the unit dated not earlier than 3 months before the day the property was first advertised or offered for sale or listed by an agent; and
	(ia)	if there is no registered units plan—a plan showing the proposed location and dimensions of the unit in relation to other units and the common property; and
23	Section 9 (1) (g) (iii)
after
building
insert
and compliance
24	Section 9 (1) (g) (iii)
after
advertised
insert
or offered 
25	Section 9 (1) (g) (iv) and (v)
omit
26	Section 9 (1) (g) (vi) and (vii)
after
advertised
insert
or offered
27	Section 9 (1) (g) (vii)
omit
agent. 
substitute
agent;
28	New section 9 (1) (h)
insert
	(h)	any other document prescribed under the regulations.
29	Section 9 (1)
renumber paragraphs and subparagraphs when Act next republished under Legislation Act
30	Section 9 (2) (a)
before
inspection
insert
and compliance
31	Section 9 (2) (a) (iii)
omit
‘off-the plan purchase’
substitute
off-the-plan purchase
32	Section 9 (2) (b)
omit
unit.
substitute
unit; and
33	New section 9 (2) (c) and (d)
insert
	(c)	a document mentioned in subsection (1) is not required if the seller cannot obtain the document after taking all reasonable steps to obtain it; and
	(d)	for a sale of vacant land under a developer’s holding lease, the required documents are—
	(i)	a copy of the holding lease; and
	(ii)	a copy of the development conditions or, if they are not finalised, the draft development conditions for the lease.
34	Section 9 (3)
omit
, (v)
35	Proposed contract etc to be available for inspection
Section 10 (1)
before
times
insert
reasonable
36	Certain conditions to be included in contract
Section 11 (1) (a) (ii)
after
possession
insert
on completion of the contract
37	Section 11 (1) (d)
substitute
	(d)	if, before completion of the contract, the buyer becomes aware of an unapproved structure that is not disclosed in the contract, the buyer may—
	(i)	ask the seller to arrange for the structure to be approved before completion of the contract; and
	(ii)	if the structure is not approved before completion—rescind the contract, or complete the contract and claim damages.
38	Section 11 (1) (f) (iii)
omit
there are no
substitute
the seller has no knowledge of any 
39	Section 11 (1) (g) (i)
after
be
insert
, or be able to be,
40	Section 11 (1) (g) (iii)
omit
there are no
substitute
the seller has no knowledge of any 
41	Section 11 (1) (h)
substitute
	(h)	if, before completion of the contract, the buyer becomes aware of an error in the description of the property the buyer may—
	(i)	ask the seller to arrange for the error to be corrected before completion of the contract; and
	(ii)	if the error is not corrected before completion—
	(A)	for an error that is material—rescind the contract, or complete the contract and claim damages; and
	(B)	for an error that is not material—complete the contract and claim damages;
42	Section 11 (1) (i)
omit
(g)
substitute
(h)
43	Section 11 (2)
omit
(g) (ii)
substitute
(g) (i), (ii)
44	Section 11 (2) (a)
after
property
insert
, or exercising a power of sale
45	Buyer may waive cooling-off period
Section 13
omit
signing
substitute
entering into
46	Buyer to reimburse seller for cost of certain reports
Section 18 (a) and (b)
substitute
	(a)	a building and compliance inspection report required under section 9 (1) (g) (iii) (or, if the seller obtained more than 1 report, the latest report); 
	(b)	a pest inspection report required under section 9 (1) (g) (vi) (or, if the seller obtained more than 1 report, the latest report).
47	Definitions for pt 3
Section 20, definition of energy efficiency rating statement, paragraph (a)
substitute
	(a)	a statement prepared in accordance with the energy guidelines adopted under the Territory plan that apply to residential premises; or
48	Bidders record
Section 25 (4)
after
in relation to
insert
bidders records, including
49	Bidder’s name and address to be established by proof of identity
Section 26 (5)
omit
(3)
substitute
(4)
50	New section 31A
insert
31A	Standard auction conditions
A public auction of residential property must be conducted in accordance with the standard auction conditions prescribed under the regulations.
51	Auction conditions to be available before auction begins
New section 32 (3)
insert
	(3)	In this section:
conditions, of an auction, means—
	(a)	the standard auction conditions prescribed under section 31A; and
	(b)	any other conditions (not inconsistent with the standard auction conditions) decided by the seller for the auction.
52	Making false or misleading statements
Section 37 (7), definition of relevant document, paragraph (b), (c) and (d)
substitute
	(b)	a building and compliance inspection report; or
	(c)	a pest inspection report.
53	Regulation-making power
New section 40 (3) and (4)
insert
	(3)	The regulations may incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
	(4)	In this section:
incorporate includes apply and adopt.
54	New part 7
insert
Part 7	Transitional
43	Contracts entered into before 1 July 2004
Part 2 (Sale of residential property) does not apply in relation to a contract for the sale of residential property entered into before 1 July 2004.
44	Required documents not available before 31 October 2004
	(1)	A seller of residential property does not commit an offence against section 10 (Proposed contract etc to be available for inspection) because a required document is not available at any time before 31 October 2004 if the seller has taken all reasonable steps to obtain the document.
	(2)	This section expires on 31 October 2004.
45	Transitional regulations
	(1)	The regulations may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	Without limiting subsection (1), the regulations may prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
	(3)	Regulations made for this section must not be taken to be inconsistent with this Act as far as they can operate concurrently with this Act.
	(4)	This section is additional to, and does not limit, section 46.
46	Modification of pt 7’s operation
The regulations may modify the operation of this part to make provision in relation to any matter that is not already, or is not (in the Executive’s opinion) adequately, dealt with in this part
47	Expiry of pt 7
This part expires 1 year after the day it commences.
55	Schedule 1, amendment 1.1
Proposed new section 89A (1) (b) and (2) (c)
before
times
insert
reasonable
56	Dictionary, new definition of building and compliance inspection report
insert
building and compliance inspection report, for part 2 (Sale of residential property)—see section 7.
57	Dictionary, definition of building inspection report
omit
58	Dictionary, new definition of developer’s holding lease
insert
developer’s holding lease—see section 8 (2) (c).
59	Dictionary, definition of pest treatment certificate
omit
60	Dictionary, new definition of unit title certificate
insert
unit title certificate, for a unit, means a certificate given under the Unit Titles Act 2001, section 75 (1).

Part 5	Civil Law (Wrongs) Act 2002
61	Legislation amended—pt 5
This part amends the Civil Law (Wrongs) Act 2002.
62	Limitation of liability for acts of terrorism
Section 38 (1)
omit
committed before 1 October 2004
63	Expiry of pt 3.3
Section 39
omit
64	Respondent to give documents etc to claimant
Section 68 (2) (b)
omit
claimant’s
substitute
respondent’s
65	Application provision for Civil Law (Wrongs) Amendment Act 2003
Section 225
insert
	(2A)	Chapter 5 applies to a claim based on a cause of action that arose before 8 March 2004 and in relation to which the claimant had not consulted a lawyer as mentioned in subsection (2) as if section 51 (3) (a) (i) and (ii) read as follows:
	‘(i)	8 March 2004; or
	(ii)	if symptoms of the injury were not immediately apparent and did not appear before 8 March 2004—the day the symptoms of the injury first appear;’
66	Section 225
renumber subsections when Act next republished under Legislation Act

Part 6	Civil Law (Wrongs) Regulations 2003
67	Legislation amended—pt 6
This part amends the Civil Law (Wrongs) Regulations 2003.
68	Modification of Act, ch 16—Act, s 231
Regulation 13
omit

Part 7	Cooperatives Act 2002
69	Legislation amended—pt 7
This part amends the Cooperatives Act 2002.
70	New section 451A
insert
451A	Contravention of s 451
	(1)	If the registrar is of the opinion that a person is contravening section 451 (2), the registrar may, by written notice to the person, identify the contravention and ask the person—
	(a)	if the person is a company or society formed or incorporated elsewhere than in the ACT—to apply under section 451 (4) to become an exempt body for section 451; or
	(b)	in any other case—to become registered as a cooperative.
	(2)	If the person complies with the notice within 6 months after the day the person is given the notice, the person is taken not to have contravened section 451 (2).

Part 8	Crimes Act 1900
71	Legislation amended—pt 8
This part amends the Crimes Act 1900.
72	New section 26A
insert
26A	Common assault—summary offence
	(1)	A person commits an offence if the person assaults someone else.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both
	(2)	The Criminal Code, chapter 2 (other than the immediately applied provisions) does not apply to an offence against this section.
	(3)	Subsections (2) and (4) and this subsection expire on the default application date.
	(4)	In this section:
default application date—see the Criminal Code, section 10. 
immediately applied provisions—see the Criminal Code, section 10. 

Part 9	Crimes (Forensic Procedures) Act 2000
73	Legislation amended—pt 9
This part amends the Crimes (Forensic Procedures) Act 2000.
74	Permissible matching of DNA profiles
Section 97 (1)
substitute
	(1)	A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not permitted by this Act if—
	(a)	‘no’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or
	(b)	‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.
	(1A)	A matching of a DNA profile on an index of the DNA database system mentioned in table 97, column 1 with a DNA profile on another index of the system mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted by this Act if—
	(a)	‘yes’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite to the index mentioned in column 1; or
	(b)	‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.

Table 97	Table of permissible matching of DNA profiles
profile to be matched	Is matching permitted?	
column 1	column 2	column 3	column 4	column 5	column 6	column 7	column 8	
	crime scene	suspects	volunteers (limited purposes)	volunteers (unlimited purposes)	serious offenders	missing persons	unknown deceased persons	
crime scene	yes	yes	only if within purpose	yes	yes	yes	yes	
suspects	yes	no	only if within purpose	no	yes	no	yes	
volunteers (limited purposes)	only if within purpose	only if within purpose	only if within purpose	only if within purpose	only if within purpose	only if within purpose	only if within purpose	
volunteers (unlimited purposes)	yes	no	only if within purpose	no	yes	yes	yes	
serious offenders	yes	yes	only if within purpose	no	yes	yes	yes	
missing persons	yes	yes	only if within purpose	yes	yes	yes	yes	
unknown deceased persons	yes	yes	only if within purpose	yes	yes	yes	yes	

75	Section 97
renumber subsections when Act next republished under Legislation Act

Part 10	Domestic Relationships Act 1994
76	Legislation amended—pt 10
This part amends the Domestic Relationships Act 1994.
77	Section 31
substitute
31	Meaning of agreement for pt 4
In this part:
agreement means a domestic relationship agreement or a termination agreement.
78	New section 33 (3), (4) and (5)
insert
	(3)	If a certificate mentioned in subsection (1) (d) is furnished before the commencement of the amendment of this section made by the Justice and Community Safety Legislation Amendment Act 2004, the certificate is as valid, and is taken always to have been as valid, as it would have been if it had been furnished after that commencement.
	(4)	Subsection (3) is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	Subsections (3) and (4) and this subsection expire on the day they commence.

Part 11	Justices of the Peace Act 1989
79	Legislation amended—pt 11
This part amends the Justices of the Peace Act 1989.
80	Title
substitute
An Act about justices of the peace
81	Section 1
substitute
1	Name of Act
This Act is the Justices of the Peace Act 1989.
82	Sections 3 and 3A
substitute
3	Appointments
	(1)	The Minister may appoint a person as a justice of the peace.
Note 1	For the making of appointments, see Legislation Act, pt 19.3.
Note 2	A person’s appointment ends if the person resigns (see Legislation Act, s 210).
	(2)	The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to an appointment under this section.
	(3)	An appointment under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	Before beginning to perform the duties of office, a justice of the peace must take an oath of office, or make an affirmation of office, before a judge, in accordance with the relevant form in schedule 1.
83	Register
Section 4
omit
shall
substitute
must
84	Section 4A
renumber as section 5
85	Sections 5 and 6
omit
86	New section 7
insert
7	Application of Legislation Act, s 88
	(1)	Section 5 and section 6, as in force immediately before the commencement of this section, are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(2)	This section expires on the day it commences.

Part 12	Leases (Commercial and Retail) Act 2001
87	Legislation amended—pt 12
This part amends the Leases (Commercial and Retail) Act 2001. 
88	Expiry of pt 16
Section 171
substitute
171	Expiry of pt 16
	(1)	This part expires on 30 June 2006.
	(2)	However, section 169, section 170 and this subsection expire on 30 June 2004.

Part 13	Legislation Act 2001
89	Legislation amended—pt 13
This part amends the Legislation Act.
90	When must prosecutions begin?
Section 192 (1)
substitute
	(1)	A prosecution for the following offences against a Territory law may be begun at any time:
	(a)	an offence by an individual punishable by imprisonment for longer than 6 months;
	(b)	an offence by a corporation punishable by a fine of more than 100 penalty units;
Note	See section 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.
	(c)	an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a fine of more than 100 penalty units;
	(d)	an offence against the Criminal Code, section 321 (Minor theft).

Part 14	Ombudsman Act 1989
91	Legislation amended—pt 14
This part amends the Ombudsman Act 1989.
92	Functions
New section 5 (2) (ca)
insert
	(ca)	action taken by a tribunal, a member of a tribunal, or a member of the staff of a tribunal, in the exercise of the tribunal’s deliberative functions; or
93	Section 5 (2)
renumber paragraphs when Act next republished under Legislation Act

Part 15	Security Industry Act 2003
94	Legislation amended—pt 15
This part amends the Security Industry Act 2003.
95	General suitability criteria
Section 21 (1) (a) (iii)
substitute
	(iii)	the applicant satisfies any condition prescribed under the regulations for the licence; and
	(iv)	it is otherwise in the public interest to license the applicant; and
96	Section 21 (1) (b) (ii)
substitute
	(ii)	if competency standards are prescribed under the regulations—has satisfied the standards.
97	Section 52 heading
substitute
52	Regulation-making power
98	Section 52 (2) (f)
substitute
	(f)	anything relating to licences, including—
	(i)	qualifications and conditions for licences; and
Example
membership of a trade or industry association
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(ii)	details to be included on licences; and
	(iii)	notification by licensees of any change in the details;

Part 16	Security Industry Regulations 2003
99	Legislation amended—pt 16
This part amends the Security Industry Regulations 2003.
100	Regulation 7
substitute
7	Prescribed information to accompany licence application—Act, s 17 (3)
For an application for a master licence by a person who is not a locksmith, the prescribed information is evidence of membership of an industry association approved by the commissioner for fair trading under regulation 7A.
7A	Conditions for certain master licences—Act, s 21 (1) (a) (iii)
	(1)	An applicant for a master licence who is not a locksmith must be a member of an approved industry association.
	(2)	However, if the commissioner for fair trading believes on reasonable grounds that a person has a conscientious or religious objection to membership of an industry association, the commissioner may, in writing, exempt the person from subregulation (1).
	(3)	For this regulation, the commissioner for fair trading may approve an entity as an industry association.
	(4)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this regulation, an approved industry association means an entity approved as an industry association under subregulation (3).

Part 17	Trade Measurement Act 1991
101	Legislation amended—pt 17
This part amends the Trade Measurement Act 1991.
102	Exemptions from Act
New section 6 (2) (a)
insert
	(a)	a quantity of reticulated electricity, reticulated gas or reticulated water;

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 14 May 2004.
2	Notification
	Notified under the Legislation Act on 29 June 2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Justice and Community Safety Legislation Amendment Bill 2004 (No 2), which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2004 and was passed by the Assembly on 24 June 2004.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004