2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2004

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	Dealing with trust money
New section 107 (3A)	3
	5	Section 107	3
Part 3	Civil Law (Sale of Residential Property) Act 2003
	6	Legislation amended—pt 3	4
	7	Definitions for pt 3
Section 20, definition of energy efficiency rating statement, paragraph (a)	4
Part 4	Civil Law (Wrongs) Act 2002
	8	Legislation amended—pt 4	5
	9	Respondent to give documents etc to claimant
Section 68 (2) (b)	5
	10	Application provision for Civil Law (Wrongs) Amendment Act 2003
Section 225	5
	11	Section 225	5
Part 5	Civil Law (Wrongs) Regulations 2003
	12	Legislation amended—pt 5	6
	13	Modification of Act, ch 16—Act, s 231
Regulation 13	6
Part 6	Cooperatives Act 2002
	14	Legislation amended—pt 6	7
	15	New section 451A	7
Part 7	Crimes Act 1900
	16	Legislation amended—pt 7	8
	17	New section 26A	8
Part 8	Crimes (Forensic Procedures) Act 2000
	18	Legislation amended—pt 8	9
	19	Permissible matching of DNA profiles
Section 97 (1)	9
	20	Section 97	14
Part 9	Domestic Relationships Act 1994
	21	Legislation amended—pt 9	15
	22	Section 31	15
	23	New section 33 (3), (4) and (5)	15
Part 10	Justices of the Peace Act 1989
	24	Legislation amended—pt 10	16
	25	Title	16
	26	Section 1	16
	27	Sections 3 and 3A	16
	28	Register
Section 4	17
	29	Section 4A	17
	30	Sections 5 and 6	17
	31	New section 7	17
Part 11	Legislation Act 2001
	32	Legislation amended—pt 11	18
	33	When must prosecutions begin?
Section 192 (1)	18
Part 12	Ombudsman Act 1989
	34	Legislation amended—pt 12	19
	35	Functions
New section 5 (2) (ca)	19
	36	Section 5 (2)	19
Part 13	Security Industry Act 2003
	37	Legislation amended—pt 13	20
	38	General suitability criteria
Section 21 (1) (a) (iii)	20
	39	Section 21 (1) (b) (ii)	20
	40	Section 52 heading	20
	41	Section 52 (2) (f)	21
Part 14	Security Industry Regulations 2003
	42	Legislation amended—pt 14	22
	43	Regulation 7	22
Part 15	Trade Measurement Act 1991
	44	Legislation amended—pt 15	24
	45	Exemptions from Act
New section 6 (2) (a)	24

2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2004

A Bill for
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.
2	Commencement
This Act commences on the 14th day after its notification day.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	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 3	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).

Part 2	Agents Act 2003
3	Legislation amended—pt 2
This part amends the Agents Act 2003.
4	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.
5	Section 107
renumber subsections when Act next republished under Legislation Act

Part 3	Civil Law (Sale of Residential Property) Act 2003
6	Legislation amended—pt 3
This part amends the Civil Law (Sale of Residential Property) Act 2003.
7	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

Part 4	Civil Law (Wrongs) Act 2002
8	Legislation amended—pt 4
This part amends the Civil Law (Wrongs) Act 2002.
9	Respondent to give documents etc to claimant
Section 68 (2) (b)
omit
claimant’s
substitute
respondent’s
10	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;’
11	Section 225
renumber subsections when Act next republished under Legislation Act

Part 5	Civil Law (Wrongs) Regulations 2003
12	Legislation amended—pt 5
This part amends the Civil Law (Wrongs) Regulations 2003.
13	Modification of Act, ch 16—Act, s 231
Regulation 13
omit

Part 6	Cooperatives Act 2002
14	Legislation amended—pt 6
This part amends the Cooperatives Act 2002.
15	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 7	Crimes Act 1900
16	Legislation amended—pt 7
This part amends the Crimes Act 1900.
17	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 8	Crimes (Forensic Procedures) Act 2000
18	Legislation amended—pt 8
This part amends the Crimes (Forensic Procedures) Act 2000.
19	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	

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

Part 9	Domestic Relationships Act 1994
21	Legislation amended—pt 9
This part amends the Domestic Relationships Act 1994.
22	Section 31
substitute
31	Meaning of agreement for pt 4
In this part:
agreement means a domestic relationship agreement or a termination agreement.
23	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 10	Justices of the Peace Act 1989
24	Legislation amended—pt 10
This part amends the Justices of the Peace Act 1989.
25	Title
substitute
An Act about justices of the peace
26	Section 1
substitute
1	Name of Act
This Act is the Justices of the Peace Act 1989.
27	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.
28	Register
Section 4
omit
shall
substitute
must
29	Section 4A
renumber as section 5
30	Sections 5 and 6
omit
31	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 11	Legislation Act 2001
32	Legislation amended—pt 11
This part amends the Legislation Act.
33	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 12	Ombudsman Act 1989
34	Legislation amended—pt 12
This part amends the Ombudsman Act 1989.
35	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
36	Section 5 (2)
renumber paragraphs when Act next republished under Legislation Act

Part 13	Security Industry Act 2003
37	Legislation amended—pt 13
This part amends the Security Industry Act 2003.
38	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
39	Section 21 (1) (b) (ii)
substitute
	(ii)	if competency standards are prescribed under the regulations—has satisfied the standards.
40	Section 52 heading
substitute
52	Regulation-making power
41	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 14	Security Industry Regulations 2003
42	Legislation amended—pt 14
This part amends the Security Industry Regulations 2003.
43	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 15	Trade Measurement Act 1991
44	Legislation amended—pt 15
This part amends the Trade Measurement Act 1991.
45	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	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004