Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2010 (No 4)
A2010-50
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
Schedule 1	Legislation amended	3
Part 1.1	Crimes Act 1900	3
Part 1.2	Guardianship and Management of Property Act 1991	7
Part 1.3	Human Rights Commission Act 2005	8
Part 1.4	Land Titles Act 1925	9
Part 1.5	Legal Profession Act 2006	10
Part 1.6	Medicines, Poisons and Therapeutic Goods Regulation 2008	10
Part 1.7	Personal Property Securities Act 2010	11
Part 1.8	Public Trustee Act 1985	11
Part 1.9	Security Industry Act 2003	12
Part 1.10	Security Industry Regulation 2003	22
Part 1.11	Unclaimed Money Act 1950	24
Part 1.12	Unit Titles Act 2001	26

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2010 (No 4)
A2010-50

An Act to amend legislation about justice and community safety

    

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

1	Name of Act
This Act is the Justice and Community Safety Legislation Amendment Act 2010 (No 4).
2	Commencement
	(1)	This Act (other than schedule 1, part 1.9 and part 1.10) commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Schedule 1, part 1.9 and part 1.10 commence on a day fixed by the Minister by written notice.
Note 1	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 2	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Crimes Act 1900
[1.1]	Section 170
substitute
170	Meaning of anabolic steroid
In this part:
anabolic steroid includes—
	(a)	a substance mentioned in schedule 1 and any—
	(i)	salt, active principle or derivative of the substance; or
	(ii)	stereoisomer of the substance; or
	(iii)	preparation or admixture containing any proportion of the substance; and
	(b)	a salt of an active principle or derivative of a substance mentioned in schedule 1; and
	(c)	a salt of a stereoisomer of a substance mentioned in schedule 1.
[1.2]	New schedule 1
insert
Schedule 1	Anabolic steroids
(see s 170)

column 1
item	column 2
substance	
1	Androisoxazole	
2	Androsterone	
3	Atamestane	
4	Bolandiol	
5	Bolasterone	
6	Bolazine	
7	Boldenone	
8	Bolenol	
9	Bolmantalate	
10	Calusterone	
11	Chlorandrostenolone	
12	4-Chloromethandienone	
13	Chloroxydienone	
14	Chloroxymesterone (dehydrochloromethyltestosterone)	
15	Clostebol	
16	Danazol	
17	Dihydrolone	
18	Dimethandrostanolone	
19	Dimethazine	
20	Drostanolone	
21	Enestebol	
22	Epitiostanol	
23	Ethisterone	
24	Ethyldienolone	
25	Ethyloestrenol	
26	Fluoxymesterone	
27	Formebolone	
28	Furazabol	
29	Gestrinone	
30	Hydroxystenozol	
31	Mebolazine	
32	Mepitiostane	
33	Mesabolone	
34	Mestanolone (androstanolone)	
35	Mesterolone	
36	Methandienone	
37	Methandriol	
38	Methandrostenolone	
39	Methenolone	
40	Methylclostebol	
41	Methyltestosterone	
42	Methyltrienolone	
43	Metribolone	
44	Mibolerone	
45	Nandrolone	
46	Norandrostenolone	
47	Norbolethone	
48	Norclostebol	
49	Norethandrolone	
50	Normethandrone	
51	Ovandrotone	
52	Oxabolone	
53	Oxandrolone	
54	Oxymesterone	
55	Oxymetholone	
56	Prasterone	
57	Propetandrol	
58	Quinbolone	
59	Roxibolone	
60	Silandrone	
61	Stanolone	
62	Stanozolol	
63	Stenbolone	
64	Testolactone	
65	Testosterone	
66	Thiomesterone	
67	Trenbolone	
68	Trestolone	
69	Anabolic and androgenic steroidal agents not mentioned elsewhere in this schedule	
Part 1.2	Guardianship and Management of Property Act 1991
[1.3]	Section 74 (1)
omit
this Act
substitute
section 72
Part 1.3	Human Rights Commission Act 2005
[1.4]	New section 44 (3)
after the note, insert
	(3)	Despite subsection (1) (a), a complaint may be made orally if the commission is satisfied on reasonable grounds that exceptional circumstances justify action without a written complaint.
Example—exceptional circumstances
Waiting until the complaint is put in writing would make action in response to the complaint impossible or impractical.
[1.5]	Section 53A (1) (a) (i)
omit
or section 64
[1.6]	Section 53B (1) (a)
omit
, section 64
[1.7]	Section 64
omit
[1.8]	New section 78 (1) (ea)
insert
	(ea)	the commission considers that conciliation is unlikely to succeed; or
[1.9]	New section 79 (3)
insert
	(3)	The commission may, but need not, reopen a complaint if the commission considers that it would be reasonable to do so—
	(a)	because of new information received about the complaint; or
	(b)	because of exceptional circumstances.
Example—exceptional circumstances
It appears to the commission that the original investigation was defective in some way.
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).
Part 1.4	Land Titles Act 1925
[1.10]	New section 50 (3A)
insert
	(3A)	However, if a memorial is in relation to the surrender of a lease by an owners corporation under the Unit Titles Act 2001, section 49A, the registrar-general may dispense with the production of the duplicate certificate of title if the owners corporation makes a statutory declaration that—
	(a)	the certificate of title cannot be produced and why it cannot be produced; and
	(b)	the requirements for the surrender of the lease under the following have been met:
	(i)	the Unit Titles Act 2001, section 49A;
	(ii)	section 86.
[1.11]	New section 86 (3A)
insert
	(3A)	If an owners corporation surrenders the lease on behalf of a lessee under the Unit Titles Act 2001, section 49A, the endorsement or memorandum of surrender must be—
	(a)	signed by the owners corporation; and
	(b)	accompanied by evidence of the resolution under the Unit Titles Act 2001, section 109 authorising the surrender.
Part 1.5	Legal Profession Act 2006
[1.12]	Section 47 (3)
substitute
	(3)	However, the licensing body—
	(a)	must not impose a condition on a barrister practising certificate unless the bar council has agreed to or recommended the condition; and
	(b)	must impose a condition on a barrister practising certificate if the bar council has agreed to or recommended the condition.
Part 1.6	Medicines, Poisons and Therapeutic Goods Regulation 2008
[1.13]	Chapter 31
omit
[1.14]	Schedule 10
omit
Part 1.7	Personal Property Securities Act 2010
[1.15]	Schedule 3, new part 3.1A
before part 3.1, insert
Part 3.1A	Cooperatives Act 2002
[3.1A]	Section 270
omit
[3.1B]	Schedule 3
omit
Part 1.8	Public Trustee Act 1985
[1.16]	New section 23A
insert
23A	Public trustee register
	(1)	The public trustee may keep a register of legal records.
	(2)	The public trustee may include other records or information on the register that the public trustee considers appropriate.
	(3)	The register may be kept in any form, including electronically, that the public trustee considers appropriate.
	(4)	The register may be kept in 1 or more parts, as the public trustee considers appropriate.
	(5)	The public trustee may remove a legal record from the register if satisfied that the legal record no longer has any effect.
	(6)	In this section:
enduring power of attorney—see the Powers of Attorney Act 2006, section 8.
legal record means—
	(a)	a will that is—
	(i)	drawn by the public trustee; or
	(ii)	deposited with the public trustee; or
	(b)	an enduring power of attorney that—
	(i)	appoints the public trustee as attorney; or
	(ii)	is deposited with the public trustee.
Note	The Evidence Act 1995 (Cwlth), s 155 (Evidence of official records) applies to legal records kept on the register.
Part 1.9	Security Industry Act 2003
[1.17]	Section 7 (1) (a) to (d)
substitute
	(a)	patrols, guards, watches or protects property (including cash in transit);
	(b)	guards with a firearm for cash in transit;
	(c)	guards with a firearm for protecting property;
	(d)	acts as a monitoring centre operator;
	(da)	guards with a dog;
	(db)	acts as a bodyguard;
	(dc)	acts as a security consultant;
	(dd)	acts as a crowd controller;
	(de)	sells security equipment;
	(df)	carries out surveys and inspections of security equipment;
	(dg)	gives advice about security equipment;
	(dh)	installs, maintains, monitors, repairs or services security equipment;
[1.18]	Section 11 (1) and (2)
substitute
	(1)	Under this Act, licences are divided into 5 classes: master licences, employee licences, trainer licences, temporary licences and temporary visitor licences.
	(2)	Employee licences and temporary visitor licences are further divided into subclasses.
[1.19]	Section 12 (2)
omit
or temporary licence
substitute
, a temporary licence or an employee temporary visitor licence
[1.20]	New section 13 (1) (aa) to (ad)
insert
	(aa)	guard with a firearm for cash in transit;
	(ab)	guard with a firearm for protecting property;
	(ac)	act as a monitoring centre operator;
	(ad)	guard with a dog;
[1.21]	Section 13 (1), new notes
insert
Note 1	A licence to guard with a firearm does not authorise the licensee to use a firearm (see s 16).
Note 2	A person must hold an appropriate ACT firearms licence to be eligible to be granted a licence to guard with a firearm (see s 24).
[1.22]	New section 15A
insert
15A	Temporary visitor licence
	(1)	A temporary visitor licence is a licence that authorises the licensee—
	(a)	to employ or provide people to carry on 1 or more of the security activities mentioned in subsection (3) for a special event (a master temporary visitor licence); or
	(b)	to carry on 1 or more of the security activities mentioned in subsection (3) for a special event (an employee temporary visitor licence).
Examples—special event
a sporting event, an entertainment event
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).
	(2)	However, a master temporary visitor licensee may only employ or provide a person to carry on a security activity for a special event if the person holds an employee licence, a trainer licence, a temporary licence or an employee temporary visitor licence.
	(3)	The following are security activities for a temporary visitor licence:
	(a)	patrol, guard, watch or protect property (including cash in transit);
	(b)	guard with a firearm for cash in transit;
	(c)	guard with a firearm for protecting property;
	(d)	act as a monitoring centre operator;
	(e)	guard with a dog;
	(f)	act as a bodyguard;
	(g)	act as a security consultant;
	(h)	act as a crowd controller;
	(i)	sell security equipment;
	(j)	carry out surveys and inspections of security equipment;
	(k)	give advice about security equipment;
	(l)	install, maintain, monitor, repair or service security equipment.
Note 1	A licence to guard with a firearm does not authorise the licensee to use a firearm (see s 16).
Note 2	A person must hold an appropriate ACT firearms licence to be eligible to be granted a licence to guard with a firearm (see s 24).
[1.23]	Section 17 (3)
omit everything before (a), substitute
	(3)	The application, unless it is for a temporary visitor licence, must be accompanied by—
[1.24]	Section 17 (4)
omit
or trainer licence
substitute
, trainer licence or temporary visitor licence
[1.25]	Section 17 (4) (b)
after
master licence
insert
or master temporary visitor licence
[1.26]	New section 17 (5)
insert
	(5)	An application for a temporary visitor licence must be made no later than 5 working days before the commencement of the special event to which it relates.
[1.27]	Section 21 (1) (a) (i), note
omit
and trainer
substitute
, trainer and employee temporary visitor
[1.28]	Section 21 (1) (a) (ii)
before
the applicant
insert
for a licence other than a temporary visitor licence—
[1.29]	Section 21 (1) (a) (iia)
after
(a),
insert
(aa), (ab), (ac), (ad)
[1.30]	New section 21 (1) (a) (v) and (vi)
insert
	(v)	for a master temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to employ or provide a person to carry on the activity authorised under the licence; and
	(vi)	for an employee temporary visitor licence—the applicant holds a full licence (however described) under the law of a State to do the activity authorised under the licence; and
[1.31]	Section 21 (3), definition of applicant, paragraph (a)
after
master licence
insert
or master temporary visitor licence
[1.32]	Section 24
substitute
24	Eligibility for employee, trainer and employee temporary visitor licences
	(1)	A person is eligible to hold an employee, trainer or employee temporary visitor licence only if the person is an individual who—
	(a)	is employed by someone who holds a master licence or master temporary visitor licence; or
	(b)	is self-employed and holds a master licence or master temporary visitor licence.
	(2)	A person is eligible to hold an employee or employee temporary visitor licence to guard with a firearm only if the person satisfies the commissioner that he or she holds an appropriate ACT firearms licence.
[1.33]	Section 25 (3) (b)
after
employee licence
insert
or an employee temporary visitor licence
[1.34]	New section 29 (2)
insert
	(2)	A temporary visitor licence is issued for the period (stated in the licence) of the special event to which it relates.
[1.35]	Section 42 (1) (a)
after
employee licence
insert
or an employee temporary visitor licence
[1.36]	New section 42 (1) (b) (ia) to (ic)
insert
	(ia)	guard with a firearm for cash in transit;
	(ib)	guard with a firearm for protecting property;
	(ic)	guard with a dog;
[1.37]	Section 42 (2) (a)
after
employee licence
insert
or an employee temporary visitor licence
[1.38]	New section 42 (2) (b) (ia)
before section 42 (2) (b) (i), insert
	(ia)	act as a monitoring centre operator;
[1.39]	Section 45 (1)
after
master licence
insert
or master temporary visitor licence
[1.40]	Section 46 (1)
after
master licensees
insert
or master temporary visitor licensees
[1.41]	Section 52 (2) (g)
after
master licences
insert
or master temporary visitor licences
[1.42]	New part 7
insert
Part 7	Transitional—Justice and Community Safety Legislation Amendment Act 2010 (No 4)
70	Transitional—training
	(1)	This section applies to a person who—
	(a)	immediately before the commencement of this section, held an employee licence; and
	(b)	did one or more of the following activities under the licence:
	(i)	guard with a firearm for cash in transit;
	(ii)	guard with a firearm for protecting property;
	(iii)	act as a monitoring centre operator;
	(iv)	guard with a dog; and
	(c)	within 2 years after the commencement of this section, applies to the commissioner to vary the licence to have the subclass to which the activity relates endorsed on the licence.
	(2)	For the application, the licensee may be taken to have experience that is equivalent to satisfactory completion of a training course prescribed by regulation for the subclass.
71	Expiry—pt 7
This part expires 3 years after the day it commences.
[1.43]	Dictionary, note 2
insert
·	working day
[1.44]	Dictionary, new definitions
insert
employee temporary visitor licence—see section 15A.
master temporary visitor licence—see section 15A.
temporary visitor licence—see section 15A.
Part 1.10	Security Industry Regulation 2003
[1.45]	Table 8, new items 1A to 1D
insert
1A	guard with a firearm for cash in transit (the Act, s 13 (1) (aa))	Certificate III in Security Operations with electives about—
·	controlling security risk situations using firearms; and
·	controlling people using empty hand techniques; and
·	implementing cash in transit security procedures; and
·	undertaking cash in transit loading and unloading in an unsecured environment; and
·	testing and inspecting cash in transit security equipment
Certificate in first aid (current)	
1B	guard with a firearm for protecting property (the Act, s 13 (1) (ab))	Certificate III in Security Operations with electives about—
·	security risk situations using firearms; and
·	preparing and presenting evidence in court; and
·	controlling people using empty hand techniques; and
·	planning and conducting evacuations from premises; 
Certificate in first aid (current)	
1C	act as a monitoring centre operator (the Act, s 13 (1) (ac))	Statement of Attainment in Security Operations with electives about—
·	communicating effectively in the security industry; and
·	following workplace safety procedures in the security industry; and
·	working as part of a security team; and
·	providing security services to clients; and
·	monitoring electronic reporting facilities	
1D	guard with a dog (the Act, s 13 (1) (ad))	Certificate II in Security Operations with electives about—
·	control and accesses to and exit from premises; and
·	operating basic security equipment; and
·	patrolling premises; and
·	managing dogs for security functions; and 
·	handling dogs for security patrol	
Part 1.11	Unclaimed Money Act 1950
[1.46]	Section 2, note 1
substitute
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).’ means that the term ‘unclaimed amount’ is defined in that section for part 3.
[1.47]	Part 4
omit
[1.48]	New part 6
insert
Part 6	Transitional—Justice and Community Safety Legislation Amendment Act 2010 (No 4)
36	Transitional—payment of money to the Commissioner of Taxation
	(1)	This section applies to money which immediately before the commencement of this section—
	(a)	had been received by the Minister under part 4; and
	(b)	had not been paid by the Minister under part 4.
	(2)	The Minister must pay the money to the Commissioner of Taxation in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cwlth).
37	Expiry—pt 6
This part expires 3 months after the day it commences.
[1.49]	Dictionary, definition of approved deposit fund
omit
[1.50]	Dictionary, definition of Commonwealth Act
substitute
Commonwealth Act, for part 5 (Unclaimed RSA money)—see section 26.
[1.51]	Dictionary, definitions of eligibility age, fund and regulated superannuation fund
omit
[1.52]	Dictionary, definition of unclaimed amount
substitute
unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).
Part 1.12	Unit Titles Act 2001
[1.53]	New section 49A
insert
49A	Surrender of leases in units
	(1)	This section applies if—
	(a)	the owners corporation of a units plan applies, or intends to apply, under the Planning and Development Act 2007, section 254, for the grant of a further lease of the units and common property in the units plan; and
	(b)	an owner of a unit in the units plan has not surrendered the lease of the owner’s unit.
	(2)	The owners corporation may surrender the lease of the owner’s unit on behalf of the owner if—
	(a)	the owners corporation gives the owner 3 months written notice of the surrender; and
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(b)	the owner does not give the owners corporation a written objection to the surrender; and
	(c)	after the end of the 3-month notice period, the surrender is authorised by an unopposed resolution.
	(3)	The owners corporation may also do anything on behalf of the owner that is necessary to make the surrender effective.
Example
The owners corporation may deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the surrender.
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).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 18 November 2010.
2	Notification
	Notified under the Legislation Act on 14 December 2010.
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 2010 (No 4), which was passed by the Legislative Assembly on 7 December 2010. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2010