2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2018

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Civil Law (Wrongs) Act 2002
	4	Duration of scheme
Schedule 4, section 4.28 (6)	3
Part 3	Crimes Act 1900
	5	Special hearing
Section 316 (3)	4
Part 4	Crimes (Restorative Justice) Act 2004
	6	Quarterly reporting by director-general
Section 68 (2)	5
Part 5	Family Violence Act 2016
	7	Applications and orders under repealed Act
Section 199 (3)	6
Part 6	Heavy Vehicle National Law (ACT) Act 2013
	8	Exclusion of Legislation Act
Section 8 (2) (b)	7
	9	New part 10	7

2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Justice and Community Safety Legislation Amendment Bill 2018

A Bill for
An Act to amend legislation about 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 2018.
2	Commencement
This Act commences on the 7th 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
This Act amends the following legislation:
·	Civil Law (Wrongs) Act 2002
·	Crimes Act 1900
·	Crimes (Restorative Justice) Act 2004
·	Family Violence Act 2016
·	Heavy Vehicle National Law (ACT) Act 2013.

Part 2	Civil Law (Wrongs) Act 2002
4	Duration of scheme
Schedule 4, section 4.28 (6)
substitute
	(6)	To remove any doubt, an instrument under subsection (4) is effective to extend the period for which a scheme is in force even if the instrument is notified after the day the scheme ends.

Part 3	Crimes Act 1900
5	Special hearing
Section 316 (3)
substitute
	(3)	The Supreme Court must direct the ACAT to appoint a guardian with power to notify the court under subsection (2) (b) (ii) if the court is satisfied that—
	(a)	there is no guardian who has power to do so; and
	(b)	the accused is incapable of making the election mentioned in subsection (2) (a) (i).

Part 4	Crimes (Restorative Justice) Act 2004
6	Quarterly reporting by director-general
Section 68 (2)
omit
7 days
substitute
14 days

Part 5	Family Violence Act 2016
7	Applications and orders under repealed Act
Section 199 (3)
substitute
	(3)	However, part 9 (National recognition of FVOs) (other than division 9.6 (Application of pt 9—existing protection orders)) does not apply to a domestic violence order made under the repealed Act.

Part 6	Heavy Vehicle National Law (ACT) Act 2013
8	Exclusion of Legislation Act
Section 8 (2) (b)
substitute
	(b)	a reference in the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments) to—
	(i)	‘6 sitting days’ were a reference to ‘20 sitting days’; and
	(ii)	‘notification day’ were a reference to ‘published’ as mentioned in the Heavy Vehicle National Law (ACT), section 733 (1) (Publication of national regulations); and
9	New part 10
insert
Part 10	Validation
100	Validation of national regulation amendment regulations
	(1)	The national regulations made for the Heavy Vehicle National Law (ACT) are taken to be amended by the amending regulations as if the amending regulations—
	(a)	had been presented to the Legislative Assembly in accordance with the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments); and
	(b)	had not been taken to be repealed under the Legislation Act, section 64 (2).
	(2)	In this section:
amending regulations means—
	(a)	the Heavy Vehicle (General) National Amendment Regulation (NSW); and
	(b)	the Heavy Vehicle National Amendment Regulation 2017 (NSW).
101	Expiry—pt 10
This part expires on the day it commences.
Note	If a law validates something, the validating effect of the law does not end only because of the repeal of the law (see Legislation Act, s 88 (1)).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 22 March 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018