Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2015
A2015-11
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Schedule 1	Legislation amended	3
Part 1.1	Classification (Publications, Films and Computer Games) (Enforcement) Act 1995	3
Part 1.2	Commercial Arbitration Act 1986	9
Part 1.3	Coroners Act 1997	9
Part 1.4	Court Procedures Act 2004	11
Part 1.5	Electoral Act 1992	12
Part 1.6	Guardianship and Management of Property Act 1991	12
Part 1.7	Legal Profession Act 2006	13
Part 1.8	Public Trustee Act 1985	13
Part 1.9	Utilities Act 2000	13

Australian Capital Territory
Justice and Community Safety Legislation Amendment Act 2015
A2015-11

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 2015.
2	Commencement
	(1)	This Act (other than schedule 1, amendments 1.1 to 1.3, 1.11 and 1.16 to 1.20) commences on the 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, amendments 1.1 and 1.16 to 1.20 commence on the later of—
	(a)	the commencement of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 (Cwlth), schedule 3, part 3; and
	(b)	the commencement of this Act, section 3.
	(3)	Schedule 1, amendments 1.2, 1.3 and 1.11 commence on the later of—
	(a)	the commencement of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 (Cwlth), schedule 4; and
	(b)	the commencement of this Act, section 3.
	(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	Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
[1.1]	New section 6 (c)
insert
	(c)	publications, films or computer games that are subject to a conditional cultural exemption.
[1.2]	Section 7 (3) (b)
after
section 21 (2)
insert
or (3)
[1.3]	Section 17 (2) (b)
after
section 21 (2)
insert
or (3)
[1.4]	Section 19 (4) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.5]	Section 29 (4) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.6]	Section 29 (4) (b)
after
similar to a classified item)
insert
or section 22CH (1) (Revocation of classification by approved classification tool)
[1.7]	Section 30 (7) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.8]	Section 30 (7) (b)
after
similar to a classified item)
insert
or section 22CH (1) (Revocation of classification by approved classification tool)
[1.9]	Section 34 (4) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.10]	Section 34 (4) (b)
after
similar to a classified item)
insert
or section 22CH (1) (Revocation of classification by approved classification tool)
[1.11]	New section 38 (3)
insert
	(3)	A person does not commit an offence against this section only because a computer game is sold or demonstrated in a public place with modifications mentioned in the Commonwealth Act, section 21 (2) or (3).
[1.12]	Section 44 (7) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.13]	Section 53B (3) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.14]	Section 53C (5) (a)
after
Commonwealth Act,
insert
section 22CH (4) (Revocation of classification by approved classification tool),
[1.15]	Section 53C (5) (b)
after
similar to a classified item)
insert
or section 22CH (1) (Revocation of classification by approved classification tool)
[1.16]	Sections 56 and 57
omit
[1.17]	Section 57A
substitute
56	Ministerial directions and guidelines
In exercising any power under section 55, the director must give effect to any directions or guidelines issued by the Minister in relation to the application of that section.
[1.18]	New part 15
insert
Part 15	Transitional—Justice and Community Safety Legislation Amendment Act 2015
150	Definitions—pt 15
In this part:
commencement day means the day the Justice and Community Safety Legislation Amendment Act 2015, amendment 1.16 commences.
repealed sections means section 56 (Exemption—approved organisation) and section 57 (Organisations may be approved) as in force immediately before the commencement day.
151	Exemption in force before commencement day
	(1)	This section applies if an exemption is in force under the repealed sections immediately before the commencement day.
	(2)	The exemption remains in force and the repealed sections remain in effect in relation to the exemption.
152	Application for exemption without decision before commencement day
	(1)	This section applies if, before the commencement day—
	(a)	a person has made an application under the repealed sections; and
	(b)	immediately before the commencement day, the Minister or director has not made a decision in relation to the application.
	(2)	The application is taken never to have been made and any fee paid in relation to the application must be refunded to the person.
153	Expiry—pt 15
This part expires 1 year after the commencement day.
Note	Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
[1.19]	Schedule 1, items 11 to 16
omit
[1.20]	Dictionary, new definition of subject to a conditional cultural exemption
insert
subject to a conditional cultural exemption—for when a publication, film or computer game is subject to a conditional cultural exemption—see the Commonwealth Act, section 6C and section 6E.
Part 1.2	Commercial Arbitration Act 1986
[1.21]	New section 53 (4)
insert
	(4)	In this section:
court includes a tribunal.
[1.22]	Dictionary, note 2
insert
·	tribunal
Part 1.3	Coroners Act 1997
[1.23]	New section 51B
in division 5.3, insert
51B	Privilege in relation to self-incrimination in coronial inquest or inquiry
	(1)	This section applies if a witness for an inquest or inquiry objects to giving particular evidence, or evidence on a particular matter, on the ground that the evidence may tend to prove that the witness—
	(a)	has committed an offence against or arising under an Australian law or a law of a foreign country; or
	(b)	is liable to a civil penalty.
	(2)	The coroner for the inquest or inquiry must decide whether or not there are reasonable grounds for the objection.
	(3)	Subject to subsection (4), if the coroner decides that there are reasonable grounds for the objection, the coroner must not require the witness to give the evidence and must tell the witness—
	(a)	that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and
	(b)	that the coroner will give a certificate under this section if the witness—
	(i)	willingly gives the evidence without being required to do so under subsection (4); or
	(ii)	gives the evidence after being required to do so under subsection (4); and
	(c)	of the effect of the certificate.
	(4)	The coroner may require the witness to give the evidence if the coroner is satisfied that—
	(a)	the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and
	(b)	the interests of justice require that the witness give the evidence.
	(5)	If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must give the witness a certificate under this section in relation to the evidence.
	(6)	The coroner must also give a witness a certificate under this section if—
	(a)	the objection has been overruled; and
	(b)	after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.
	(7)	In any proceeding in an ACT court or before any entity authorised by a territory law, or by consent of parties, to hear, receive and examine evidence, the following evidence cannot be used against a person:
	(a)	evidence given by the person in relation to which a certificate under this section has been given;
	(b)	evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence.
	(8)	However, subsection (7) does not apply to a criminal proceeding in relation to the falsity of the evidence.
	(9)	Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate.
	(10)	A reference in this section to doing an act includes a reference to failing to act.
	(11)	A certificate under this section may only be given to a witness who is an individual.
Part 1.4	Court Procedures Act 2004
[1.24]	Section 45 (2) (c)
substitute
	(c)	must comply with any written policy made in relation to searches under this section by—
	(i)	the Chief Justice; or
	(ii)	the Chief Magistrate; or
	(iii)	the general president of the ACAT.
Part 1.5	Electoral Act 1992
[1.25]	Section 243 (3)
omit
the beginning of September
substitute
7 September
Part 1.6	Guardianship and Management of Property Act 1991
[1.26]	Section 26 heading
substitute
26	Accounts—manager other than public trustee
[1.27]	New section 27AA
before section 27A, insert
27AA	Accounts—public trustee
	(1)	This section applies if the public trustee is appointed as the manager of a person’s property under this part.
	(2)	The public trustee must, as soon as practicable after the end of each financial year, provide a statement to—
	(a)	the person; or
	(b)	if a guardian has been appointed for the person—the person’s guardian.
	(3)	The statement must contain the accounts relating to the management of the property during the year.
Part 1.7	Legal Profession Act 2006
[1.28]	Section 278, note
omit
[1.29]	Section 281A
relocate to division 3.2.3 as section 278A
Part 1.8	Public Trustee Act 1985
[1.30]	New section 25A (2) (d)
insert
	(d)	if an amount is paid, or property given, under paragraph (c)—manage the superannuation fund on behalf of the person.
Part 1.9	Utilities Act 2000
[1.31]	Section 51 (2) and note and (3)
substitute
	(2)	A utility must deal with personal information in accordance with the following as if it were a prescribed authority to which the Privacy Act applies:
	(a)	the Australian Privacy Principles;
	(b)	the Privacy Act, part 3A (Credit reporting);
	(c)	the registered CR code.
Note	An Act of the Territory generally cannot apply the Privacy Act to utilities. However, this section would oblige utilities to observe the Australian Privacy Principles and credit reporting requirements under the Privacy Act as if the Act applied to them. The arrangement does not allow complaints about utilities to be made to the privacy commissioner under that Act, nor for the application of remedies under the Privacy Act.
	(3)	In this section:
Australian Privacy Principles means the Australian Privacy Principles under the Privacy Act, schedule 1.
prescribed authority—see the Freedom of Information Act 1989, dictionary.
Privacy Act means the Privacy Act 1988 (Cwlth).
registered CR code—see the Privacy Act, section 26M.
Note	The registered CR code is a written code of practice about credit reporting registered under the Privacy Act.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 26 March 2015.
2	Notification
	Notified under the Legislation Act on 20 May 2015.
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 2015, which was passed by the Legislative Assembly on 5 May 2015. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2015