Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2004
A2004-18
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	Agents must not obtain beneficial interest in land
Section 86 (3)	3
	5	Salespeople must not obtain beneficial interest in land
Section 87 (3)	3
	6	Section 168	3
	7	Keeping of agents’ records
Section 202	4
Part 3	Consumer Credit Act 1995
	8	Legislation amended—pt 3	5
	9	Definitions for Act
Section 3	5
	10	New part 3A	5
	11	Maximum annual percentage rate
Section 10	7
Part 4	Consumer Credit Regulations 1996
	12	Legislation amended—pt 4	8
	13	Maximum annual percentage rate
Regulation 5	8
Part 5	Cooperatives Act 2002
	14	Legislation amended—part 5	9
	15	Application for transfer of registration etc
Section 307 (1) (e)	9
	16	Section 375	9
	17	Deputy registrar and other staff
Section 430 (1)	10
Part 6	Cooperatives Regulations 2003
	18	Legislation amended—pt 6	11
	19	New part 8A	11
Part 7	Evidence (Miscellaneous Provisions) Amendment Act 2003
	20	Section 4 heading	12
	21	New section 5 etc	12
	22	New section 7 heading etc	12
Part 8	Fair Trading Act 1992
	23	Legislation amended—pt 8	13
	24	Offences against pt 2
Section 41 (1)	13
	25	Section 41 (5)	13
	26	Section 41	13
Part 9	Magistrates Court (Civil Jurisdiction) Act 1982
	27	Legislation amended—pt 9	14
	28	Definitions for pt 22
Section 394, definition of debt declaration	14
	29	Section 461	14
Part 10	Protection Orders Act 2001
	30	Legislation amended—pt 10	15
	31	Service of non-emergency orders
Section 33 (2) and note	15
Part 11	Security Industry Act 2003
	32	Legislation amended—pt 11	16
	33	Section 37	16

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2004
A2004-18

An Act to amend the law relating to justice and community safety, and for other purposes

    

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	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	Agents must not obtain beneficial interest in land
Section 86 (3)
omit
5	Salespeople must not obtain beneficial interest in land
Section 87 (3)
omit
6	Section 168
substitute
168	Review of reviewable decisions
	(1)	The following people may apply to the consumer and trader tribunal for a review of a reviewable decision of a relevant person:
	(a)	a person mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
	(2)	In this section:
relevant person means—
	(a)	for a reviewable decision mentioned in schedule 1, column 3, items 1 to 17—the commissioner for fair trading; or
	(b)	for a reviewable decision mentioned in schedule 1, column 3, item 18—the chief executive.
7	Keeping of agents’ records
Section 202
omit
Agents Act 1959
substitute
Agents Act 1968

Part 3	Consumer Credit Act 1995
8	Legislation amended—pt 3
This part amends the Consumer Credit Act 1995.
9	Definitions for Act
Section 3
insert
annual percentage rate, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
code, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
contract document, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
credit, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
credit contract, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
credit fees and charges, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
short-term credit contract, for part 3A (Maximum annual percentage rate and disclosure)—see section 8A.
10	New part 3A
insert
Part 3A	Maximum annual percentage rate and disclosure
8A	Definitions for pt 3A
In this part:
annual percentage rate—see the code, section 25 (Definitions relating to interest).
code means the Consumer Credit (Australian Capital Territory) Code.
contract document—see the code, schedule 1 (Principal definitions), clause 1 (1).
credit—see the code, section 4 (1).
credit contract—see the code, section 5.
credit fees and charges—see the code, schedule 1 (Principal definitions), clause 1 (1).
short-term credit contract means—
	(a)	a contract for the provision of credit to which the code applies that is limited to a total period not longer than 62 days; or
Note	For contracts for the provision of credit to which the code does not apply, see the code, s 7 (1) (Short term credit).
	(b)	a contract prescribed under the regulations.
8B	Maximum annual percentage rate
	(1)	The regulations may prescribe a maximum annual percentage rate for credit contracts.
	(2)	For a short-term credit contract, the regulations may require interest charges, and all credit fees and charges, under the contract to be included for the purpose of working out the maximum annual percentage rate.
	(3)	The code, part 2 (Credit contracts), division 2 (Debtor’s monetary obligations) applies in relation to a maximum annual percentage rate prescribed under subsection (1) as if the rate had been prescribed by the code.
8C	Disclosure of cost of credit
	(1)	This section applies to a short-term credit contract.
	(2)	For the code, section 15 (C) (Annual percentage rate or rates), the contract document must state an annual percentage rate worked out on the basis of charges under the contract that are interest charges (whether or not they are described in the contract as interest charges).
	(3)	For the code, section 15 (E) (Total amount of interest charges payable), the total amount of interest charges payable under the contract includes an amount that is an interest charge (whether or not it is described in the contract as an interest charge).
	(4)	For the code, section 14 (Precontractural disclosure), the precontractual statement must also set out the matters mentioned in subsections (2) and (3).
11	Maximum annual percentage rate
Section 10
omit

Part 4	Consumer Credit Regulations 1996
12	Legislation amended—pt 4
This part amends the Consumer Credit Regulations 1996.
13	Maximum annual percentage rate
Regulation 5
omit
section 10 (1)
substitute
section 8B (1)

Part 5	Cooperatives Act 2002
14	Legislation amended—part 5
This part amends the Cooperatives Act 2002.
15	Application for transfer of registration etc
Section 307 (1) (e)
substitute
	(e)	a corporation incorporated, registered or otherwise established under a law of the Commonwealth, or a State, Territory or foreign country, that is prescribed under the regulations for this section.
16	Section 375
substitute
375	Registrar to be told of certain changes in relation to foreign cooperatives
	(1)	A foreign cooperative commits an offence if—
	(a)	the foreign cooperative is registered under section 373 (Registration of foreign cooperative); and
	(b)	a notifiable change happens in relation to the foreign cooperative; and
	(c)	the foreign cooperative fails to file with the registrar particulars of the change, accompanied by any documents prescribed under the regulations, within 28 days after the day the notifiable change happens.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
notifiable change, in relation to a foreign cooperative, means a change in—
	(a)	the rules or constitution of the foreign cooperative; or
	(b)	the directors of the foreign cooperative; or
	(c)	the agents of the foreign cooperative (or their addresses); or
	(d)	the person appointed as the person on whom notices and legal process may be served on behalf of the foreign cooperative; or
	(e)	the address of the registered office in the ACT or elsewhere of the foreign cooperative; or
	(f)	the name under which the foreign cooperative carries on business.
17	Deputy registrar and other staff
Section 430 (1)
substitute
	(1)	The chief executive may appoint a deputy registrar and assistant registrars.
Note	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Part 6	Cooperatives Regulations 2003
18	Legislation amended—pt 6
This part amends the Cooperatives Regulations 2003.
19	New part 8A
insert
Part 8A	Mergers, transfers of engagements and winding-up
26A	Application for transfer of registration—Act, s 307 (1) (e)
A cooperative may apply to become registered or incorporated as a corporation established under the Aboriginal Councils and Associations Act 1976 (Cwlth).

Part 7	Evidence (Miscellaneous Provisions) Amendment Act 2003
20	Section 4 heading
substitute
4	Part 4 heading
21	New section 5 etc
in section 4, before proposed new division 4.1 heading, insert
5	Section 35
		omit
6	New divisions 4.1 to 4.6
		insert
22	New section 7 heading etc
in section 4, before proposed new part 5 heading, insert
7	New part 5 and dictionary
		insert
Part 8	Fair Trading Act 1992
23	Legislation amended—pt 8
This part amends the Fair Trading Act 1992.
24	Offences against pt 2
Section 41 (1)
omit everything from
who
to
a provision
substitute
who contravenes a provision
25	Section 41 (5)
omit
26	Section 41
renumber subsections when Act next republished under Legislation Act

Part 9	Magistrates Court (Civil Jurisdiction) Act 1982
27	Legislation amended—pt 9
This part amends the Magistrates Court (Civil Jurisdiction) Act 1982.
28	Definitions for pt 22
Section 394, definition of debt declaration
substitute
debt declaration, in relation to proceedings, means an order declaring that—
	(a)	the applicant is or is not indebted to the respondent; or
	(b)	the applicant is or is not indebted to the respondent in a stated amount; or
	(c)	the applicant is or is not indebted to the respondent in an amount that is more than a stated amount.
29	Section 461
substitute
461	Debt declarations—orders
The Small Claims Court may make a debt declaration in a proceeding on an application for a debt declaration.

Part 10	Protection Orders Act 2001
30	Legislation amended—pt 10
This part amends the Protection Orders Act 2001.
31	Service of non-emergency orders
Section 33 (2) and note
substitute
	(2)	Service under subsection (1) (a) must be personal service unless—
	(a)	the respondent is present when the protection order is made; or
	(b)	the Magistrates Court makes an order under section 98 (If service impracticable or impossible).
Note	See pt 11 (Service) for service of the order if personal service is not required.

Part 11	Security Industry Act 2003
32	Legislation amended—pt 11
This part amends the Security Industry Act 2003.
33	Section 37
substitute
37	Review of reviewable decisions
An applicant for a licence or variation to a licence may apply to the consumer and trader tribunal for a review of a reviewable decision of the commissioner for fair trading in relation to the licence.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 27 November 2003.
2	Notification
	Notified under the Legislation Act on 6 April 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 which originated in the Assembly as the Justice and Community Safety Legislation Amendment Bill 2003 (No 2) and was passed by the Legislative Assembly on 30 March 2004.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004