2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2009 (No 4)

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Schedule 1	Legislation amended	3
Part 1.1	ACT Civil and Administrative Tribunal Act 2008	3
Part 1.2	ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009	4
Part 1.3	Legal Profession Act 2006	4
Part 1.4	Magistrates Court Act 1930	6
Part 1.5	Security Industry Act 2003	6
Part 1.6	Security Industry Regulation 2003	7
Part 1.7	Trustee Companies Act 1947	8
Part 1.8	Utilities Act 2000	11

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2009 (No 4)

A Bill for
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 2009 (No 4).
2	Commencement
	(1)	The following provisions commence on a day fixed by the Minister by written notice:
·	schedule 1, part 1.5 (Security Industry Act 2003)
·	schedule 1, part 1.6 (Security Industry Regulation 2003)
·	schedule 1, part 1.7 (Trustee Companies Act 1947).
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)).
	(2)	The remaining provisions commence on the later of—
	(a)	the commencement of the Justice and Community Safety Legislation Amendment Act 2009 (No 3), part 1.2 (ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009); and
	(b)	the day after this Act’s notification day.
	(3)	If a provision of this Act has not commenced within 2 years beginning on its notification day, it automatically commences on the first day after that period.
	(4)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	ACT Civil and Administrative Tribunal Act 2008
[1.1]	New section 115D
in part 9A, insert
115D	Territory entities to pay amounts to ACAT trust account
	(1)	This section applies if—
	(a)	a territory entity makes an application to the ACAT in a quarter; and
	(b)	no filing fee is paid for the application because of the operation of the Legislation Act, section 121 (Binding effect of Acts). 
	(2)	The territory entity must, at the end of the quarter, pay to the ACAT trust account an amount equal to the filing fee for the application. 
	(3)	In this section:
territory entity includes—
	(a)	the Territory; or
	(b)	a Minister; or
	(c)	an administrative unit; or
	(d)	a territory instrumentality; or
	(e)	any other territory authority.
[1.2]	Divisions 30.2 to 30.7
omit
Part 1.2	ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009
[1.3]	Section 67 
omit
[1.4]	Schedule 3
omit
[1.5]	Schedule 4
omit
[1.6]	Schedule 5
omit
Part 1.3	Legal Profession Act 2006
[1.7]	New section 423A
insert
423A	Restriction on publication of certain identifying material from application
	(1)	A person must not publish an account or report of an application under this part if the account or report—
	(a)	discloses the identity of the person who is the subject of the complaint to which the application relates (the person concerned); or
	(b)	allows the identity of the person concerned to be worked out.
	(2)	However, the identity of the person concerned may be disclosed in an account or report of the application if—
	(a)	a final decision has been made that the person concerned is guilty of the conduct complained of; and 
	(b)	either—
	(i)	the appeal period has ended and no appeal has been made; or
	(ii)	any appeal has been decided against the person concerned.
	(3)	In this section:
appeal means an appeal from a decision by the tribunal under the ACT Civil and Administrative Tribunal Act 2008, section 79.
appeal period means the period within which an appeal may be made.
Note	See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Part 1.4	Magistrates Court Act 1930
[1.8]	New section 266B
in part 4.2, insert
266B	Enforcement of ACT Civil and Administrative Tribunal order—representation
	(1)	This section applies if a person (the first person)—
	(a)	was represented in an application in the ACAT by someone else (the second person) under the ACT Civil and Administrative Tribunal Act 2008, section 30; and
	(b)	the ACAT made a money order or non-money order in favour of the first person; and
	(c)	the first person enforces the order in the Magistrates Court under the Court Procedures Rules 2006, part 2.18 (Enforcement).
	(2)	The second person may represent the first person in the enforcement proceeding in the Magistrates Court.
Part 1.5	Security Industry Act 2003
[1.9]	New section 21 (1) (a) (iia)
insert
	(iia)	for an application for an employee licence—the applicant has obtained appropriate information from an employee organisation about workplace rights and responsibilities under Commonwealth and territory law relevant to people in the security industry; and
Examples—workplace rights and responsibilities
·	minimum wages and conditions
·	employment agreements
·	termination of employment agreements
·	workplace safety
Note 1	Employee organisation—see the dictionary.
Note 2	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).
[1.10]	Dictionary, new definition of employee organisation
insert
employee organisation means an organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth).
Note	A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102). 
Part 1.6	Security Industry Regulation 2003
[1.11]	New section 7B
insert
7B	Information to accompany employee licence application—Act, s 17 (3) (b)
For an application for an employee licence—an application must be accompanied by a certificate from an employee organisation certifying that the information under the Act, section 21 (1) (a) (iia) has been provided to the applicant.
Part 1.7	Trustee Companies Act 1947
[1.12]	Section 3A
omit
[1.13]	Section 18 
omit
[1.14]	Section 18A
omit
[1.15]	Section 18B
omit
[1.16]	Section 21
omit
[1.17]	Section 22
omit
[1.18]	Section 24
omit
[1.19]	Section 25
omit
[1.20]	Section 25A
omit
[1.21]	Section 25B
omit
[1.22]	Section 25C
omit
[1.23]	Section 25D
omit
[1.24]	Section 25E
omit
[1.25]	Section 25F
omit
[1.26]	Section 25G
omit
[1.27]	Section 25H
omit
[1.28]	Section 25I
omit
[1.29]	Section 25J
omit
[1.30]	Section 26
omit
[1.31]	Section 27
omit
[1.32]	Section 28
omit
[1.33]	Section 29
omit
[1.34]	Section 30
omit
[1.35]	Section 31
omit
[1.36]	Section 31A
omit
[1.37]	Section 31B
omit
[1.38]	Section 34
omit
[1.39]	Section 34A
omit
[1.40]	Section 36
omit
[1.41]	New section 37 
insert
37	Transitional—def trustee company
	(1)	For this Act, a trustee company includes a company authorised under a law of a State or Territory to act as executor, administrator and trustee in the State or Territory immediately before 1 January 2010.  
	(2)	This section expires—
	(a)	12 months after the day it commences; or
	(b)	if, before 12 months after the day it commences, another day is prescribed by regulation—on that day.
[1.42]	Schedule 1
omit
[1.43]	Dictionary, definition of trustee company
substitute
trustee company means a company prescribed under the Corporations Act, section 601RAB.
Note	A reference to a law (including a Cwlth Act) includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).
Part 1.8	Utilities Act 2000
[1.44]	Section 45 (2)
substitute
	(2)	The annual licence fee for a particular utility is the amount considered by ICRC to be a reasonable contribution towards the costs incurred, or expected to be incurred—
	(a)	by the following in the exercise of functions, in the ACT or elsewhere, in relation to utility services:
	(i)	ICRC;
	(ii)	the chief executive under part 5 (Technical regulation) on behalf of the Territory; and
	(b)	by the ACAT in hearing and deciding matters to which a utility is a party.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009