Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2009 (No 2)
A2009-19
    
Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Associations Incorporation Act 1991
	3	Legislation amended—pt 2	3
	4	Cancellation of incorporation
Section 93 (1) (d) and (e)	3
Part 3	Charitable Collections Act 2003
	5	Legislation amended—pt 3	4
	6	What is a collection
New section 7 (3) (fa)	4
Part 4	Charitable Collections Regulation 2003
	7	Legislation amended—pt 4	5
	8	What are not collections—Act, s 7 (3) (g)
Section 6 (1) (d)	5
Part 5	Domestic Violence and Protection Orders Regulation 2009
	9	Legislation amended—pt 5	6
	10	Section 58 heading	6
	11	Section 58 (2)	6
	12	Section 58 (3)	6
Part 6	Door-to-Door Trading Act 1991
	13	Legislation amended—pt 6	7
	14	Contracts to which Act applies
Section 4 (4) (b)	7
	15	Requirements in relation to prescribed contracts
Section 7 (1) (c)	7
	16	Section 7 (1) (f) and (g)	8
	17	Section 7 (2)	9
	18	New section 7 (2A)	9
	19	Cooling-off period—acceptance of consideration, supply of services
Section 8 (2)	9
	20	Section 8 (3)	10
	21	Duties of dealers
New section 10 (2A)	10
	22	Section 10 (3)	10
	23	Restitution
Section 14 (1) (b) (ii)	10
Part 7	Firearms Act 1996
	24	Legislation amended—pt 7	11
	25	Adult firearms licences—mandatory suspension
Section 80 (1) (b)	11
	26	Minors firearms licences—mandatory suspension
Section 97 (1) (b)	11
	27	Composite entity firearms licences—mandatory suspension
Section 119 (1) (b)	11
	28	Temporary recognition of interstate licences for international visitors—shooting or paintball competitions
Section 140 (5)	12
	29	Schedule 2, part 2.2, new item 1A	12
Part 8	Firearms Regulation 2008
	30	Legislation amended—pt 8	13
	31	People exempt from Act—Act, s 272 (2) (r)
Section 73A	13
	32	Dictionary, note 2, 2nd dot point	13
Part 9	Legal Aid Act 1977
	33	Legislation amended—pt 9	14
	34	Constitution of commission
Section 7	14
	35	Powers of commission
Section 9 (2)	14
	36	New part 3	14
	37	Section 32	16
	38	Payments to private legal practitioners
Section 32AA (2)	20
	39	Section 32AA (4)	20
	40	New part 5A	21
	41	Qualifications for appointment
Section 50 (2)	24
	42	Section 50 (3)	24
	43	Section 58	24
	44	Delegation of commission’s power to appoint
Section 62	24
	45	Personnel management
Section 68A (2) (a)	24
	46	New section 90	25
	47	Section 94 heading	25
	48	Section 94 (1)	25
	49	Section 98	26
	50	New part 14	26
	51	Dictionary, note 2	27
	52	Dictionary, new definition of board	27
	53	Dictionary, definition of commissioner	27
Part 10	Machinery Act 1949
	54	Legislation amended—pt 10	28
	55	Inspectors of machinery
Section 4 (1), except notes	28
Part 11	Magistrates Court Act 1930
	56	Legislation amended—pt 11	29
	57	Section 7F	29
	58	Division 3.4.2	30
Part 12	Prohibited Weapons Act 1996
	59	Legislation amended—pt 12	36
	60	Application of Act
New section 4 (1) (aa)	36
Part 13	Regulatory Services Legislation Amendment Act 2008
	61	Legislation amended—pt 13	37
	62	Section 26	37
Part 14	Remuneration Tribunal Act 1995
	63	Legislation amended—pt 14	38
	64	Schedule 1, part 1.2	38
Part 15	Residential Tenancies Act 1997
	65	Legislation amended—pt 15	39
	66	New section 64A	39
Part 16	Supreme Court Act 1933
	67	Legislation amended—pt 16	40
	68	Section 44	40

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2009 (No 2)
A2009-19

An Act to amend legislation about 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 2009 (No 2).
2	Commencement
This Act commences on the 28th 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	Associations Incorporation Act 1991
3	Legislation amended—pt 2
This part amends the Associations Incorporation Act 1991.
4	Cancellation of incorporation
Section 93 (1) (d) and (e)
substitute
	(d)	has not during the last 3 years convened an annual general meeting of the association in accordance with this Act; or
	(e)	has not lodged an annual return with the registrar-general in relation to each of the last 2 years; or
	(ea)	has lodged an annual return with the registrar-general in relation to each of the last 3 years and for each one of those returns an auditor, in the course of the auditor’s duties to examine the association’s accounting records and other records, has stated that he or she is unable to determine if the return complies with this Act;

Part 3	Charitable Collections Act 2003
5	Legislation amended—pt 3
This part amends the Charitable Collections Act 2003.
6	What is a collection
New section 7 (3) (fa)
insert
	(fa)	receiving money or a benefit by an entity that—
	(i)	is not solicited by the entity; or
	(ii)	is not received by the entity because of a collection conducted by the entity;

Part 4	Charitable Collections Regulation 2003
7	Legislation amended—pt 4
This part amends the Charitable Collections Regulation 2003.
8	What are not collections—Act, s 7 (3) (g)
Section 6 (1) (d)
omit

Part 5	Domestic Violence and Protection Orders Regulation 2009
9	Legislation amended—pt 5
This part amends the Domestic Violence and Protection Orders Regulation 2009.
10	Section 58 heading
substitute
58	Representation by Legal Aid ACT
11	Section 58 (2)
omit
Legal Aid Office (A.C.T.)
substitute
Legal Aid ACT
12	Section 58 (3)
substitute
	(3)	For this section:
Legal Aid ACT—see the Legal Aid Act 1977, section 94 (Commission to operate as Legal Aid ACT).

Part 6	Door-to-Door Trading Act 1991
13	Legislation amended—pt 6
This part amends the Door-to-Door Trading Act 1991.
14	Contracts to which Act applies
Section 4 (4) (b)
substitute
	(b)	a contract, or part of a contract, exempted (with or without conditions) from the operation of this Act by regulation.
Note 1	A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 3	Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).
15	Requirements in relation to prescribed contracts
Section 7 (1) (c)
substitute
	(c)	the making of the contract must be completed—
	(i)	for a contract that is not made over the telephone—by the consumer signing the contract after it has been executed by or on behalf of the supplier; and
	(ii)	for a contract that is made over the telephone—by the recording of the consent of the consumer to be bound by the contract, by the supplier or a person acting on behalf of the supplier, either in writing or, with the consent of the consumer, using a recording device;
16	Section 7 (1) (f) and (g)
substitute
	(f)	for a contract that is not made over the telephone—the contract must contain the statement ‘THIS CONTRACT IS SUBJECT TO A COOLING-OFF PERIOD OF 10 DAYS’ printed in upper case in type not smaller than 18 point directly above the place provided for the signature of the consumer;
	(fa)	for a contract that is made over the telephone—the dealer must give the consumer the following as soon as practicable after the contract has been made:
	(i)	a copy of the contract;
	(ii)	a cooling‑off statement which states that the consumer may rescind the contract before the end of the cooling-off period if the consumer gives the dealer notice of the rescission within the period;
	(g)	for a contract that is not made over the telephone—subject to subsection (2), the dealer must give the consumer the following immediately before the making of the contract:
	(i)	a notice explaining the right of the consumer to rescind the contract; and 
	(ii)	a notice that may be used by the consumer to rescind the contract;
	(ga)	for a contract that is made over the telephone—subject to subsection (2A), the dealer must give the consumer the following as soon as practicable after the contract has been made:
	(i)	a notice explaining the right of the consumer to rescind the contract; and 
	(ii)	a notice that may be used by the consumer to rescind the contract;
17	Section 7 (2)
omit
Before giving the notice
substitute
For a contract that is not made over the telephone—before giving the notice
18	New section 7 (2A)
insert
	(2A)	For a contract that is made over the telephone—before the consumer consents to be bound by the contract, the dealer must read the notice mentioned in subsection (1) (ga) (i) aloud to the consumer.
Maximum penalty:  $2 000.
19	Cooling-off period—acceptance of consideration, supply of services
Section 8 (2)
omit
20	Section 8 (3)
omit
or (2)
21	Duties of dealers
New section 10 (2A)
insert
	(2A)	A dealer who telephones a person for the purpose of negotiating a contract to which this Act applies or for an incidental or related purpose must, as soon as practicable during the telephone call, tell the person the following:
	(a)	the purpose of the telephone call;
	(b)	the dealer’s full name and address;
	(c)	if the dealer is not the supplier—the supplier’s full name and address.
22	Section 10 (3)
omit
contravenes subsection (2)
substitute
contravenes subsection (2) or (2A)
23	Restitution
Section 14 (1) (b) (ii)
omit
in contravention of this Act

Part 7	Firearms Act 1996
24	Legislation amended—pt 7
This part amends the Firearms Act 1996.
25	Adult firearms licences—mandatory suspension
Section 80 (1) (b)
substitute
	(b)	an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.
26	Minors firearms licences—mandatory suspension
Section 97 (1) (b)
substitute
	(b)	an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.
27	Composite entity firearms licences—mandatory suspension
Section 119 (1) (b)
substitute
	(b)	an offence against a law of a State, another Territory or New Zealand corresponding to a domestic violence offence.
28	Temporary recognition of interstate licences for international visitors—shooting or paintball competitions
Section 140 (5)
omit
is taken
substitute
is not taken
29	Schedule 2, part 2.2, new item 1A
insert
1A	member of a police service or force of a foreign country	possessing or using firearm for taking part in a training activity—
(a)	conducted by the Australian Federal Police; and
(b)	carried out in the ACT	

Part 8	Firearms Regulation 2008
30	Legislation amended—pt 8
This part amends the Firearms Regulation 2008.
31	People exempt from Act—Act, s 272 (2) (r)
Section 73A
omit
32	Dictionary, note 2, 2nd dot point
omit

Part 9	Legal Aid Act 1977
33	Legislation amended—pt 9
This part amends the Legal Aid Act 1977.
34	Constitution of commission
Section 7
omit
35	Powers of commission
Section 9 (2)
omit
section 32 (5), (6) and (7)
substitute
section 31C (1) and (2)
36	New part 3
insert
Part 3	Board of commission
14	Establishment of board of commission
A board of the commission is established.
15	Functions of board
The functions of the board are—
	(a)	to determine the broad policies, priorities and strategies of the commission for the provision of legal assistance under this Act; and
	(b)	to ensure that the commission’s affairs are managed in accordance with this Act.
16	Constitution of board
	(1)	The board consists of the following members (each of whom is a commissioner):
	(a)	the president of the commission;
	(b)	the chief executive officer;
	(c)	5 other members of whom—
	(i)	1 member represents the Minister; and
	(ii)	1 member is chosen from a panel of not less than 3 people nominated by the council of the bar association; and
	(iii)	1 member is chosen from a panel of not less than 3 people nominated by the council of the law society; and
	(iv)	1 member is chosen from a panel of not less than 3 people nominated by the executive committee of the Council of Social Service of the Australian Capital Territory; and
	(v)	1 member has expertise in financial management;
	(d)	1 member who has qualifications, training or experience that will enable the member to give other specialist assistance to the commission in the exercise of its functions.
	(2)	The Minister must appoint the members of the board other than the chief executive officer.
	(3)	However, the Minister must only appoint a member mentioned in subsection (1) (d) if, in the opinion of the Minister, the commission requires specialist assistance in the exercise of its functions.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(4)	A person appointed as a member by the Minister is appointed on a part‑time basis.
37	Section 32
substitute
31B	Arranging for services of private legal practitioners
	(1)	If the commission provides legal assistance to a person by arranging for the services of a private legal practitioner, the commission may only select a practitioner who is included in a panel established under section 31E (1) (a listed practitioner) to provide that assistance.
	(2)	In selecting a listed practitioner to act for a legally assisted person, the principal considerations that the commission must take into account are the interests of the person and the person’s preference (if any) for a particular listed practitioner.
	(3)	The commission must, after taking into account the considerations mentioned in subsection (2), ensure that selection of a listed practitioner to provide legal assistance is made as equitably as possible having regard to—
	(a)	the nature of the listed practitioner’s legal practice; and
	(b)	the practitioner’s experience.
31C	Fees for services of private legal practitioners
	(1)	The fees the commission pays for services provided by private legal practitioners to legally assisted people must as far as practicable—
	(a)	consist of fixed amounts for the performance of particular services; and
	(b)	be less than the ordinary professional cost of those services.
	(2)	However, the commission must consult, and take into account the views of, the following bodies when determining the fees it will pay for services provided by private legal practitioners to legally assisted people:
	(a)	the council of the law society;
	(b)	the council of the bar association.
31D	Record of services provided by private legal practitioners
		The commission must—
	(a)	keep a record of the number and type of matters in which private legal practitioners provide services to legally assisted people under this Act; and
	(b)	make the record available for inspection on request by the law society or bar association.
31E	Panels of private legal practitioners
	(1)	The commission may establish panels of private legal practitioners to provide legal assistance in accordance with the commission’s function under section 8 (2).
	(2)	A panel may be established for matters generally, or particular kinds of matter, or matters before particular courts or tribunals, for which legal assistance may be granted under this Act.
	(3)	A practitioner who wishes to be included in a panel established under this section must apply to the commission in a way approved by the commission.
	(4)	The commission may—
	(a)	appoint practitioners to a panel in accordance with the criteria determined under subsection (5); and
	(b)	suspend, remove or exclude practitioners from a panel on the grounds determined under subsection (7) (b); and
	(c)	impose conditions on the reappointment of a practitioner who has been suspended, removed or excluded, which in the opinion of the commission are:
	(i)	appropriate under the circumstances; and
	(ii)	in keeping with the requirements determined under subsection (7) (c).
	(5)	The commission may determine criteria for the appointment of practitioners to a panel.
	(6)	Without limiting subsection (5), the criteria may include criteria about any of the following matters:
	(a)	a practitioner’s skills, qualifications and experience;
	(b)	a practitioner’s agreement to comply with the requirements stated by the commission in relation to any of the following:
	(i)	practice standards;
	(ii)	reporting and accountability;
	(iii)	compliance audits.
	(7)	The commission may determine the following:
	(a)	the period for which practitioners are appointed to a panel;
	(b)	the grounds on which a practitioner may be suspended, removed or excluded from a panel;
	(c)	the requirements, if any, for reappointment of a practitioner to a panel.
	(8)	A determination by the commission under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
31F	Compliance audits
	(1)	The commission may, at any time, perform an audit (a compliance audit) of legal assistance provided by a private legal practitioner.
	(2)	A compliance audit must not be performed unless the commission has given the practitioner written notice of—
	(a)	the commission’s intention to carry out the audit; and
	(b)	the scope of the audit.
32	Notice to practitioner about proposed decision
		Before making a decision about a private legal practitioner under section 31E (4) (b) or (c), the commission must—
	(a)	give written notice to the practitioner setting out the reasons for the proposed decision; and
	(b)	allow the practitioner a reasonable opportunity to be heard on the proposed decision.
38	Payments to private legal practitioners
Section 32AA (2)
substitute
	(2)	The private legal practitioner must give the commission an invoice for the legal services provided in the matter.
	(2A)	The commission may issue directions about the giving of invoices.
39	Section 32AA (4)
omit
in accordance with subsection (2)
substitute
in accordance with any directions issued under subsection (2A)
40	New part 5A
insert
Part 5A	Dispute resolution
35A	Definitions—pt 5A
In this part:
approved negotiation means a program for dispute resolution that—
	(a)	is approved by the commission; and
	(b)	consists of a structured negotiation process; and
	(c)	uses a convenor to assist parties to a dispute to settle the dispute.
convenor means a person to whom a dispute has been referred for approved negotiation.
negotiation session means a meeting that forms part of approved negotiation and includes steps to arrange or follow-up the meeting.
35B	Power of commission to arrange approved negotiation
The commission may provide approved negotiation to all parties in a matter or proceeding if at least 1 party is receiving legal assistance from the commission for the matter or proceeding.
35C	Expenses of dispute resolution
	(1)	The commission may, to partly or fully meet the costs associated with approved negotiation in a matter or proceeding—
	(a)	use money available to the commission; or
	(b)	require a legally assisted person, or another party, in the matter or proceeding to partly or fully meet the costs.
	(2)	An amount required to be paid under subsection (1) (b)—
	(a)	is a debt owing to the commission; and
	(b)	must be paid in the time and way stated by the commission.
Note	If an amount is owing under a law to a person by another person, the person may recover the amount as a debt owing to the person in a court of competent jurisdiction (see Legislation Act, s 177).  The commission is a person (see Legislation Act, s 160).
35D	Confidentiality of negotiation
A convenor must not disclose information obtained in a negotiation session to a person who is not a party to the session (a nonparticipant) unless—
	(a)	the person who provided the information to the convenor consents to the information being disclosed to the nonparticipant; or
	(b)	the information is necessary for the provision or administration of legal assistance and is being disclosed to any of the following:
	(i)	the board;
	(ii)	the chief executive officer;
	(iii)	a committee established under this Act;
	(iv)	a member of the staff of the commission; or
	(c)	the following apply:
	(i)	the information is necessary so that any party or parties to the session can be referred to another dispute resolution service (a related service) that may be able to assist in the resolution of the dispute between the parties, or in some other way;
	(ii)	all parties to the session consent to the information being disclosed to the related service; or
	(d)	the disclosure of the information is reasonably necessary to prevent or minimise injury to a person or damage to property; or
	(e)	the convenor is required to disclose the information under a law of the Territory or Commonwealth.
35E	Admissibility of evidence
	(1)	Evidence of anything said or done at a negotiation session, including a document prepared at or for the session, is not admissible in evidence in any proceeding in a court or tribunal unless the parties in attendance at the session consent to the admission of the evidence.
	(2)	In this section:
document includes a copy of, or an extract from, a document.
35F	Protection of convenor from liability
		A convenor is not liable in a civil proceeding for anything done, or omitted to be done, honestly by the convenor—
	(a)	in the exercise of a function under this part; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this part.
41	Qualifications for appointment
Section 50 (2)
omit
section 7 (1) (e)
substitute
section 16 (1) (c) (iv)
42	Section 50 (3)
omit
43	Section 58
substitute
58	Leave of absence
The commission may grant leave of absence to a statutory officer of the commission on the terms decided by the commission.
44	Delegation of commission’s power to appoint
Section 62
omit
45	Personnel management
Section 68A (2) (a)
omit
all people
substitute
all employees
46	New section 90
in part 13, insert
90	Delegation by commission
		The commission may delegate any of its functions under this Act to any of the following:
	(a)	a committee of commissioners or committee of officers of the commission or both;
	(b)	an officer of the commission;
	(c)	any person providing services on behalf of the commission under this Act.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
47	Section 94 heading
substitute
94	Commission to operate as Legal Aid ACT
48	Section 94 (1)
omit
Legal Aid Office (A.C.T.)
insert
Legal Aid ACT
49	Section 98
substitute
98	Superannuation
	(1)	Nothing in this Act authorises the provision of superannuation benefits to an officer of the commission otherwise than under—
	(a)	the Superannuation Act 1976 (Cwlth); or
	(b)	the Superannuation Act 1990 (Cwlth); or
	(c)	the Superannuation Act 2005 (Cwlth); or
	(d)	a superannuation scheme determined by the Minister.
	(2)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
50	New part 14
insert
Part 14	Transitional—Justice and Community Safety Legislation Amendment Act 2009 (No 2)
101	Continuation of appointments
	(1)	This section applies to a person appointed as a commissioner under section 7 (3) before the commencement day (a former appointee).
	(2)	A former appointee whose period of office as a commissioner has not ended on the commencement day continues to hold office until the end of the period of office as if the former appointee were appointed under the corresponding provision of section 16 as in force on the commencement day.
	(3)	In this section:
commencement day means the day this section commences.
51	Dictionary, note 2
insert
·	document
52	Dictionary, new definition of board
insert
board means the board of the commission established under section 14.
53	Dictionary, definition of commissioner
substitute
commissioner means a member of the board appointed under section 16.

Part 10	Machinery Act 1949
54	Legislation amended—pt 10
This part amends the Machinery Act 1949.
55	Inspectors of machinery
Section 4 (1), except notes
substitute
	(1)	The chief executive may appoint a person to be an inspector for this Act.

Part 11	Magistrates Court Act 1930
56	Legislation amended—pt 11
This part amends the Magistrates Court Act 1930.
57	Section 7F
substitute
7F	Retirement
	(1)	This section applies if a magistrate is—
	(a)	an eligible employee for the Superannuation Act 1976 (Cwlth); or
	(b)	a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or
	(c)	a member of any other superannuation scheme determined by the Attorney-General.
	(2)	The Executive may retire the magistrate on the ground of invalidity with the magistrate’s consent.
	(3)	A determination under subsection (1) (c) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
58	Division 3.4.2
substitute
Division 3.4.2	Warrants for witnesses
62	Definitions—div 3.4.2
In this division:
prescribed period means 18 hours from the time a person is arrested under a warrant.
reporting officer means the police officer mentioned in section 67 (2) (b).
warrant means a warrant under this division.
63	Warrant to bring witness to court
	(1)	The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person—
	(a)	was informed of the time and place of the hearing; and
	(b)	was required to attend to give evidence at the hearing in accordance with—
	(i)	a subpoena served on the person; or
	(ii)	an order of the court; or
	(iii)	an undertaking given to the court by the person; and
	(c)	failed to attend the hearing as required; and
	(d)	did not provide the court with a reasonable explanation for not attending.
	(2)	A warrant must not be issued under subsection (1) unless—
	(a)	the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and
	(b)	it is in the interests of justice to issue the warrant.
	(3)	In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
	(a)	the importance of the evidence the person is expected to give;
	(b)	whether the evidence could be obtained by other means;
	(c)	the nature of the matter being heard;
	(d)	the degree of urgency to resolve the matter;
	(e)	the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;
	(f)	if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person—
	(i)	the reason (if any) given by the person for not attending as required; and
	(ii)	the impact of using a warrant for the arrest of the person.
64	First instance warrant
	(1)	The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is—
	(a)	unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and
	(b)	in the interests of justice to do so.
	(2)	In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
	(a)	the importance of the evidence the person is expected to give;
	(b)	whether the evidence could be obtained by other means;
	(c)	the nature of the matter being heard;
	(d)	the degree of urgency to resolve the matter;
	(e)	the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;
	(f)	the impact of using a warrant for the arrest of the person.
65	Warrant remains in force until executed
A warrant remains in force until whichever of the following happens first:
	(a)	the warrant is executed;
	(b)	the court revokes the warrant.
66	Executing a warrant
	(1)	A warrant authorises a police officer (an executing officer) to—
	(a)	arrest the person named in the warrant; and
	(b)	bring the person before the court.
	(2)	If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant.
	(3)	However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time.
	(4)	An executing officer—
	(a)	must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and
	(b)	must, before removing the person, explain to the person the purpose of the warrant; and
	(c)	must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and
	(d)	if a person is under a legal disability—must inform a parent or guardian of the person of the arrest.
	(5)	In this section:
dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.
67	Procedure after arrest
	(1)	A person who is arrested under a warrant must be brought before the court—
	(a)	as soon as practicable after the person is arrested; and
	(b)	within the prescribed period; and
	(c)	in accordance with this section.
	(2)	A person must be brought before the court by a police officer—
	(a)	if the court is sitting at the time the officer is able to bring the person before the court—in person; or
	(b)	if the court is not sitting at the time the officer is able to bring the person before the court—by telephone call made by the officer to a magistrate to report the execution of the warrant to the court.
	(3)	A person brought before the court must be dealt with in accordance with section 68.
	(4)	A person arrested under a warrant—
	(a)	may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and
	(b)	must be released if the officer cannot comply with that subsection within the prescribed period.
68	Orders following executed warrant
	(1)	The court may order that the person—
	(a)	be remanded in custody until the date, time and place specified in the order; or
	(b)	be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court—
	(i)	in the recognisance; and
	(ii)	in any subsequent notice given or sent to the person by the court; or
	(c)	be released unconditionally.
	(2)	If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by—
	(a)	if the court is sitting when the order is made—the court; or
	(b)	if the court is not sitting when the order is made—the reporting officer.
	(3)	Any single period of remand ordered under this section must not be longer than—
	(a)	28 days; or
	(b)	if the person chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.
	(4)	Division 3.4.4 applies to a recognisance under this section.

Part 12	Prohibited Weapons Act 1996
59	Legislation amended—pt 12
This part amends the Prohibited Weapons Act 1996.
60	Application of Act
New section 4 (1) (aa)
insert
	(aa)	a police service or force of a foreign country required to possess or use a prohibited weapon for taking part in a training activity—
	(i)	conducted by the Australian Federal Police; and
	(ii)	carried out in the ACT; or

Part 13	Regulatory Services Legislation Amendment Act 2008
61	Legislation amended—pt 13
This part amends the Regulatory Services Legislation Amendment Act 2008.
62	Section 26
substitute
26	Contracts to which Act applies
Section 4 (1) (a)
substitute
	(a)	negotiations leading to the making of the contract (whether or not they are the only negotiations that precede the making of the contract) take place between the consumer and a dealer—
	(i)	in each other’s presence in the ACT at a place other than trade premises of the supplier; or
	(ii)	in a telephone call made, or received, by the consumer in the ACT; and

Part 14	Remuneration Tribunal Act 1995
63	Legislation amended—pt 14
This part amends the Remuneration Tribunal Act 1995.
64	Schedule 1, part 1.2
omit
·	president of the human rights commission

Part 15	Residential Tenancies Act 1997
65	Legislation amended—pt 15
This part amends the Residential Tenancies Act 1997.
66	New section 64A
in part 5, insert
64A	Standard residential tenancy term—increase in rent
Under a fixed term agreement rent may not be increased during the currency of the fixed term unless the amount of the increase, or a method for working it out, is set out in the agreement.

Part 16	Supreme Court Act 1933
67	Legislation amended—pt 16
This part amends the Supreme Court Act 1933.
68	Section 44
substitute
44	Retirement
	(1)	This section applies if the master is—
	(a)	an eligible employee for the Superannuation Act 1976 (Cwlth); or
	(b)	a member of the Superannuation Scheme for the Superannuation Act 1990 (Cwlth); or
	(c)	a member of any other superannuation scheme determined by the Attorney-General.
	(2)	The Executive may retire the master on the ground of invalidity with the master’s consent.
	(3)	A determination under subsection (1) (c) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 18 June 2009.
2	Notification
	Notified under the Legislation Act on 1 September 2009.
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 2009 (No 2), which was passed by the Legislative Assembly on 18 August 2009. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2009