2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2012 (No 2)

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
Schedule 1	Legislation amended	3
Part 1.1	Civil Law (Wrongs) Act 2002	3
Part 1.2	Emergencies Act 2004	7
Part 1.3	Environment Protection Act 1997	8
Part 1.4	Public Trustee Act 1985	8
Part 1.5	Unit Titles (Management) Act 2011	9
Part 1.6	Victims of Crime Act 1994	10

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2012 (No 2)

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 2012 (No 2).
2	Commencement
This Act 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)).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Civil Law (Wrongs) Act 2002
[1.1]	Schedule 4, section 4.4 heading
substitute
4.4	Preparation and approval of schemes
[1.2]	Schedule 4, section 4.4 (3)
omit everything after
association,
substitute
approve a scheme prepared under this section.
[1.3]	Schedule 4, section 4.5 (1)
omit
recommending
substitute
approving
[1.4]	Schedule 4, section 4.7 (1)
omit
recommending a scheme in relation to an occupational association
substitute
approving a scheme
[1.5]	Schedule 4, section 4.9 (1)
substitute
	(1)	The council must submit a scheme approved by it to the Minister.
[1.6]	Schedule 4, section 4.9 (2)
omit
may
substitute
must
[1.7]	Schedule 4, section 4.10 heading
substitute
4.10	Schemes are subject to disallowance
[1.8]	Schedule 4, section 4.10 (1) and (2)
substitute
	(1)	The Minister must—
	(a)	give notice of—
	(i)	the council’s approval of the scheme; or
	(ii)	for an interstate scheme—the approval of the scheme by the appropriate council for the jurisdiction in which the scheme was prepared; and
	(b)	include the approved scheme in the notice.
	(2)	A notice is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
[1.9]	Schedule 4, section 4.11 (1)
substitute
	(1)	If the Minister gives notice under section 4.10 of the approval of a scheme, the scheme commences—
	(a)	on the date or time (after the notice’s notification day) provided for in the notice; or
	(b)	if a date or time is not provided for in the notice—2 months after the notice’s notification day.
[1.10]	Schedule 4, section 4.12 (1)
omit
approved by the Minister
substitute
included in a notice under section 4.10
[1.11]	Schedule 4, section 4.14 (6)
omit
section 4.9
substitute
section 4.9 (2)
[1.12]	Schedule 4, section 4.14A (1)
omit
approves
substitute
gives notice under section 4.10 in relation to
[1.13]	Schedule 4, section 4.14B (5)
omit
to the extent that it provides for the submission of a scheme that indicates an intention to operate as a scheme of another jurisdiction
[1.14]	Schedule 4, section 4.32 (1)
omit
recommendation for
substitute
approval of
[1.15]	Schedule 4, section 4.37 (1) (a) (i)
substitute
	(i)	giving notice of the approval of schemes, and their amendment and revocation; and
[1.16]	Schedule 4, section 4.50 (1) (b)
omit
recommendation
substitute
approval
Part 1.2	Emergencies Act 2004
[1.17]	New section 122 (5) and (6)
before the examples, insert
	(5)	A person may light, maintain or use a fire in the open air on residential land for heating or to cook food or heat liquids if—
	(a)	the area around the place where the fire is to be lit, maintained or used is cleared of flammable material for at least 3m in every direction; and
	(b)	the fire is under the control of a responsible adult; and
	(c)	an adequate means of putting out the fire is available for use.
	(6)	In this section:
residential land means land leased for a residential purpose. 
[1.18]	Section 123 (6)
substitute
	(6)	This section does not affect—
	(a)	the duties of a person under the Environment Protection Act 1997, section 22 (General environmental duty); or
	(b)	any obligation to hold an authorisation under that Act, section 42 (Conducting prescribed classes of activities); or
	(c)	any other obligation under that Act.
[1.19]	New section 160A (3A)
insert
	(3A)	However, the Chief Minister may direct, in writing—
	(a)	that the emergency controller is not to have a power (or part of a power) mentioned in subsection (2); or
	(b)	that the emergency controller has another stated power.
Note	A direction may be included in the instrument of appointment (see Legislation Act, s 49).
Part 1.3	Environment Protection Act 1997
[1.20]	Schedule 1, section 1.2, item 28, new note
insert
Note	The Emergencies Act 2004 contains an offence about lighting etc fire during a total fire ban (see that Act, s 116).  That Act may also require the owner of land to obtain oral approval or a permit before lighting etc a fire on the land (see that Act, s 123 and s 124).
Part 1.4	Public Trustee Act 1985
[1.21]	New section 25 (8)
insert
	(8)	In this section:
court includes the Magistrates Court and a tribunal.
[1.22]	New section 25A (2) (c)
insert
	(c)	pay an amount, or give property, into a superannuation fund on behalf of the person.
[1.23]	New section 25A (4)
insert
	(4)	In this section:
superannuation fund means a complying superannuation fund for the Income Tax Assessment Act 1997 (Cwlth). 
[1.24]	Dictionary, note 2
insert
·	tribunal
Part 1.5	Unit Titles (Management) Act 2011
[1.25]	Section 82 (2), new example
before the note, insert
Example
An owners corporation for a units plan estimates that the expected sinking fund expenditure for the 10-year period of its sinking fund plan is $220 000.  The expenditure includes expenditure of $10 000 for each year and a ‘one-off’ amount of $120 000 in the 8th year of the plan.  The owners corporation approves a total sinking fund amount of $25 000 for each financial year of the plan to meet the expected sinking fund expenditure and to provide for a balance of $30 000 in the fund (see s 72, def total sinking fund amount). 
Note 	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).
[1.26]	Section 86, new example
insert
Example
An owners corporation for a units plan approves a sinking fund plan that sets a total sinking fund amount of $15 000 for each year of the plan.  Three years after approving the plan, the owners corporation finds out that major work is required to water and sewerage pipes in the common property at an estimated cost of $60 000.  The owners corporation, by ordinary resolution, amends the sinking fund plan to include the additional expected sinking fund expenditure and require additional contributions of $10 000 a year for the remaining years of the plan.  The total sinking fund amount for each financial year after the amendment is $25 000 (see s 72, def total sinking fund amount).
Note	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).
Part 1.6	Victims of Crime Act 1994
[1.27]	New section 22D (4)
before note 1, insert
	(4)	The Legislation Act, part 19.3.3 does not apply to the appointment of a member mentioned in subsection (1) (a).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 May 	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012