2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2010

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Schedule 1	Legislation amended	3
Part 1.1	Aboriginal and Torres Strait Islander Elected Body Act 2008	3
Part 1.2	Associations Incorporation Act 1991	4
Part 1.3	Bail Act 1992	4
Part 1.4	Children and Young People Act 2008	5
Part 1.5	Civil Law (Wrongs) Act 2002	5
Part 1.6	Confiscation of Criminal Assets Act 2003	6
Part 1.7	Coroners Act 1997	6
Part 1.8	Court Procedures Act 2004	7
Part 1.9	Crimes (Sentencing) Act 2005	7
Part 1.10	Criminal Code 2002	8
Part 1.11	Electoral Act 1992	9
Part 1.12	Firearms Act 1996	9
Part 1.13	Government Procurement Act 2001	10
Part 1.14	Interactive Gambling Act 1998	10
Part 1.15	Legal Profession Act 2006	10
Part 1.16	Legislation Act 2001	11
Part 1.17	Magistrates Court Act 1930	11
Part 1.18	Prohibited Weapons Regulation 1997	18
Part 1.19	Supreme Court Act 1933	19
Part 1.20	Territory Records Act 2002	20
Part 1.21	Victims of Crime Act 1994	20
Part 1.22	Victims of Crime Regulation 2000	20

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2010

A Bill for
An Act to amend legislation about courts

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Courts Legislation Amendment Act 2010.
2	Commencement
	(1)	This Act (other than schedule 1, part 1.21 and amendment 1.50) commences on a day fixed by the Minister by written notice.
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).
	(2)	Schedule 1, part 1.21 and amendment 1.50 commence on the later of—
	(a)	the commencement of the Victims of Crime Amendment Act 2010; and
	(b)	the commencement of this Act, section 3.
3	Legislation amended
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Aboriginal and Torres Strait Islander Elected Body Act 2008
[1.1]	Schedule 1, part 1.2, modification 1.5, section 103 (1) (b), and note
substitute
	(b)	is not under a sentence of imprisonment for 1 year or longer for a conviction for an offence.
[1.2]	Schedule 1, part 1.2, modification 1.7, section 105 (2A) (b), and note
substitute
	(b)	is not under a sentence of imprisonment for 1 year or longer for a conviction for an offence.
[1.3]	Schedule 1, part 1.2, modification 1.8, section 105 (4) (d) (ii)
substitute
	(ii)	is not under a sentence of imprisonment for 1 year or longer for a conviction for an offence; and
[1.4]	Schedule 1, part 1.2, modification 1.8, section 105 (4) (da) (ii)
substitute
	(ii)	is not under a sentence of imprisonment for 1 year or longer for a conviction for an offence; and
[1.5]	Dictionary, note 2
omit
·	indictable offence (see s 190)
Part 1.2	Associations Incorporation Act 1991
[1.6]	Section 63 (1) (a)
substitute
	(a)	an offence in relation to the promotion, formation or management of a body corporate, punishable by imprisonment for longer than 2 years; or
Part 1.3	Bail Act 1992
[1.7]	Section 9B (d)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.8]	Section 22 (2)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.9]	Dictionary, note 2
omit
·	indictable offence (see s 190 (1))
Part 1.4	Children and Young People Act 2008
[1.10]	Section 32 (b) and (c)
substitute
	(b)	if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for longer than 2 years; or
	(c)	if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be an offence punishable by imprisonment for longer than 2 years; or
[1.11]	Dictionary, note 2
omit
·	indictable offence (s 190)
Part 1.5	Civil Law (Wrongs) Act 2002
[1.12]	Section 94 (1) (a)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
Part 1.6	Confiscation of Criminal Assets Act 2003
[1.13]	Section 13 (2), definition of relevant offence, paragraph (b), note
substitute
Note	An offence against an ACT law is an indictable offence if it is punishable by imprisonment for longer than 5 years, or is declared by law to be an indictable offence (see Legislation Act, s 190 (1)).
Part 1.7	Coroners Act 1997
[1.14]	Division 5.5 heading
substitute
Division 5.5	Offences punishable by imprisonment for longer than 2 years
[1.15]	Section 58 heading
substitute
58	Procedure if evidence of offence punishable by imprisonment for longer than 2 years
[1.16]	Section 58 (1)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.17]	Section 58 (3) (a)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.18]	Dictionary, note 2
omit
·	indictable offence
Part 1.8	Court Procedures Act 2004
[1.19]	Section 72 (4), definition of circle sentencing
substitute
circle sentencing—see the Magistrates Court Act 1930, section 291L. 
Part 1.9	Crimes (Sentencing) Act 2005
[1.20]	New section 43 (1) (b) (iva)
insert
	(iva)	for a report for an offender to be sentenced for a domestic violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986;
[1.21]	Section 43 (7), new definition of domestic violence offence
insert
domestic violence offence—see the Magistrates Court Act 1930, section 291H.
Part 1.10	Criminal Code 2002
[1.22]	Division 3.2.3 heading
relocate before section 315
[1.23]	Section 650
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.24]	Section 651 (1), definition of criminal group, paragraph (a)
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 2 years
[1.25]	Part 7.2 heading
substitute
Part 7.2	Offences—ch 7
[1.26]	Part 7.3 heading
substitute
Division 7.2.5	Other offences
Part 1.11	Electoral Act 1992
[1.27]	Section 103 (4), and note
substitute
	(4)	A person is not eligible to be an MLA if the person is under a sentence of imprisonment for 1 year or longer for a conviction for an offence.
Part 1.12	Firearms Act 1996
[1.28]	Section 207 (2) (d)
substitute
	(d)	seize a thing if satisfied on reasonable grounds that the thing is connected with an offence punishable by imprisonment for longer than 1 year.
[1.29]	Section 209 (4) 
omit
indictable offence
substitute
offence punishable by imprisonment for longer than 1 year
[1.30]	Dictionary, note 2
omit
·	indictable offence (see s 190)
Part 1.13	Government Procurement Act 2001
[1.31]	Section 16 (3) (b) (iv)
substitute
	(iv)	commits an offence against section 15 (Abuse of position) or an offence punishable by imprisonment for longer than 2 years.
Part 1.14	Interactive Gambling Act 1998
[1.32]	Section 60 (c)
substitute
	(c)	the licensee has been convicted of an offence punishable by imprisonment for longer than 2 years;
[1.33]	Dictionary, note 2
omit
·	indictable offence
Part 1.15	Legal Profession Act 2006
[1.34]	Dictionary, definition of serious offence
substitute
serious offence means an offence, whether committed in or outside the ACT, that is—
	(a)	an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or
	(b)	an offence against a law of another jurisdiction that would be an offence punishable by imprisonment for longer than 2 years against a territory law if committed in the ACT; or
	(c)	an offence against a law of a foreign country that would be an offence punishable by imprisonment for longer than 2 years against a territory law or a law of the Commonwealth if committed in the ACT.
Part 1.16	Legislation Act 2001
[1.35]	Section 190 (1)
substitute
	(1)	An offence is an indictable offence if—
	(a)	it is punishable by imprisonment for longer than 5 years; or
	(b)	it is declared by an ACT law to be an indictable offence.
[1.36]	Dictionary, new definition of Family Violence Court
insert
Family Violence Court means the Family Violence Court under the Magistrates Court Act 1930, section 291J.
Part 1.17	Magistrates Court Act 1930
[1.37]	Section 257
omit
$50 000
substitute
$250 000
[1.38]	Section 261
omit
$50 000
substitute
$250 000
[1.39]	New chapters 4B and 4C
insert
Chapter 4B 	The Family Violence Court
Part 4B.1	Preliminary
291H	Meaning of domestic violence offence
In this Act:
domestic violence offence means an offence—
	(a)	that is a domestic violence offence under the Domestic Violence and Protection Orders Act 2008; and
	(b)	for which a victim of the offence is a relevant person, under that Act, in relation to the person who committed the offence.
Note 1	Domestic violence offence—see the Domestic Violence and Protection Orders Act 2008, s 13 (2).
Note 2	Relevant person—see the Domestic Violence and Protection Orders Act 2008, s 15.
291I	Purpose—ch 4B
The purpose of this chapter is to establish a specialised court to deal with domestic violence offences, recognising that—
	(a)	the nature of domestic violence and the particular needs involved in protecting victims is complex; and
	(b)	great social harm results from domestic violence; and
	(c)	domestic violence offences take place in the context of a special relationship between people.
Part 4B.2	The Family Violence Court
291J	Family Violence Court 
	(1)	The Magistrates Court is known as the Family Violence Court when it is exercising the jurisdiction of the Magistrates Court in relation to a proceeding mentioned in section 291K.
	(2)	The Family Violence Court may use the Magistrates Court seal.
	(3)	When a magistrate sits as the Family Violence Court, the magistrate may be referred to as the Family Violence Court Magistrate.
	(4)	The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Family Violence Court.
291K	Jurisdiction of Family Violence Court 
	(1)	The Family Violence Court may exercise the jurisdiction of the Magistrates Court in relation to the following:
	(a)	any criminal proceeding against a person in relation to a summary domestic violence offence if the person was 18 years old or over at the time of the alleged offence; 
	(b)	any criminal proceeding against a person in relation to an indictable domestic violence offence if the person was 18 years old or over at the time of the alleged offence; 
	(c)	a proceeding in relation to bail for an adult charged with a domestic violence offence; 
	(d)	a proceeding in relation to a breach of a sentence imposed by the Magistrates Court or the Family Violence Court on a person for a domestic violence offence.
	(2)	Subsection (1) (b) is subject to the Crimes Act 1900, section 375 (Summary disposal of certain cases).
	(3)	Subsection (1) (c) is subject to the Bail Act 1992.

Chapter 4C	Galambany Court
291L	Definitions—ch 4C
In this chapter:
Aboriginal or Torres Strait Islander offender means an offender who—
	(a)	is a descendant of an Aboriginal person or Torres Strait Islander; and
	(b)	identifies as an Aboriginal person or Torres Strait Islander; and
	(c)	is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Islander community.
circle sentencing means the step in a sentencing proceeding for an  Aboriginal or Torres Strait Islander offender that includes members of the Aboriginal or Torres Strait Islander community.
291M	Galambany Court
The Magistrates Court is known as the Galambany Court when it is sitting to provide circle sentencing.
291N	Directions about procedure for Galambany Court
	(1)	The Magistrates Court may give a direction in relation to the procedure to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders, and any other relevant matter in relation to circle sentencing.
	(2)	To remove any doubt, a direction mentioned in subsection (1) is not taken to limit the Magistrates Court’s discretion in sentencing an offender.
	(3)	Nothing in this section limits the Magistrates Court’s power to give a direction under section 309 (Directions about procedure).
[1.40]	Section 309
substitute
309	Directions about procedure
If the procedure for taking a step in a proceeding is not set out in this Act or the law under which the step is to be taken, the court may give a direction in relation to—
	(a)	the procedure to be followed in relation to the step; and
	(b)	any other relevant matter in relation to the step.
Note	The Magistrates Court may make procedures to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders (see s 291N).
[1.41]	New section 320A
insert
320A	Domestic violence offence information
	(1)	The Minister may determine what statistical information in relation to domestic violence offences (the domestic violence offence information) must be collected by the registrar. 
	(2)	The registrar must give the domestic violence offence information for a financial year to the domestic violence project coordinator by 31 July in the following financial year.
	(3)	The registrar must also give the coordinator domestic violence offence information otherwise requested, in writing, by the coordinator.
	(4)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this section:
domestic violence project coordinator means the Domestic Violence Project Coordinator appointed under the Domestic Violence Agencies Act 1986, section 11. 
[1.42]	New chapter 13
insert
Chapter 13	Transitional—Courts Legislation Amendment Act 2010
470	Application of indictable offences amendments
	(1)	In this section:
commencement day means the day the Courts Legislation Amendment Act 2010, schedule 1, amendment 1.35 commences.
	(2)	This section applies if, before the commencement day—
	(a)	a person has been committed to the Supreme Court under this Act in relation to an offence punishable by imprisonment for longer than 2 years but not longer than 5 years; and
	(b)	the matter has not been finally decided.
	(3)	The Supreme Court may deal with the matter as if the offence were still an indictable offence.
471	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Courts Legislation Amendment Act 2010.
	(2)	A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
	(3)	A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
472	Expiry—ch 13
This chapter expires 1 year after the day it commences.
[1.43]	Dictionary, new definitions
insert
Aboriginal or Torres Strait Islander offender, for chapter 4C (Galambany Court)—see section 291L.
circle sentencing, for chapter 4C (Galambany Court)—see section 291L. 
domestic violence offence—see section 291H.
Part 1.18	Prohibited Weapons Regulation 1997
[1.44]	Section 5 (6), definition of prescribed offence
substitute
prescribed offence means an offence involving actual or threatened violence or the use of a firearm, prohibited weapon or prohibited article, punishable by imprisonment for longer than 1 year.
[1.45]	Section 7 (3)
substitute
	(3)	However, the registrar must refuse to issue a permit to a person mentioned in subsection (2) (b) or (c) if the person has been convicted in the ACT or elsewhere of an offence punishable by imprisonment for longer than 1 year (whether on indictment or summarily) within 10 years before the application for the permit.
Part 1.19	Supreme Court Act 1933
[1.46]	New part 11
insert
Part 11	Transitional—Courts Legislation Amendment Act 2010
110	Application of amendments
	(1)	In this section:
commencement day means the day the Courts Legislation Amendment Act 2010, schedule 1, amendment 1.35 commences.
	(2)	This section applies if, before the commencement day, a proceeding had been commenced but not finally decided in the Supreme Court in relation to an offence punishable by imprisonment for longer than 2 years but not longer than 5 years.
	(3)	The Supreme Court may deal with the matter as if the offence were still an indictable offence.
111	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Courts Legislation Amendment Act 2010.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
112	Expiry—pt 11
This part expires 1 year after the day it commences.
Part 1.20	Territory Records Act 2002
[1.47]	Section 36 (c)
substitute
	(c)	if the director is convicted or found guilty of an offence punishable by imprisonment for longer than 2 years; or
[1.48]	Section 47 (2) (c)
substitute
	(c)	if the member is convicted or found guilty of an offence punishable by imprisonment for longer than 2 years; or	
Part 1.21	Victims of Crime Act 1994
[1.49]	Section 22G (3) (d)
substitute
	(d)	if the member is convicted of an offence punishable by imprisonment for longer than 2 years; or
Part 1.22	Victims of Crime Regulation 2000
[1.50]	Section 42 (b)
substitute
	(b)	the service provider is a suspect in an investigation of an offence punishable by imprisonment for longer than 2 years; or
[1.51]	Section 43 (c)
substitute
	(c)	the approved service provider has been convicted or found guilty of an offence punishable by imprisonment for longer than 2 years; or

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010