Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Legislation amended
(see s 4)
Part 1.1 Agents Act 2003
substitute
(ii) pretends to be a licensed employment agent.
substitute
(2) A licensed agent commits an offence if—
(a) the licensed agent—
(i) is employed to be responsible for the day-to-day management of another licensed agent's place of business; and
(ii) provides services for 2 or more licensed agents at the place; and
(b) the licensed agents to whom the services are provided are not in partnership with each other.
Maximum penalty: 100 penalty units.
Part 1.2 Civil Law (Wrongs) Act 2002
insert
(3A) However, damages mentioned in subsection (3) (b) (i) may be recovered if—
(a) the cause of action related to a personal injury resulting from an asbestos-related disease; and
(b) the person gave notice under section 51 (Notice of claim) before the person's death; and
(c) the person died either—
(i) as a result of the asbestos-related disease; or
(ii) the asbestos-related disease was a contributing factor to the person's death.
[1.4] Section 16 (7), new definition of asbestos-related disease
insert
"asbestos-related disease" means any of the following diseases:
(a) asbestosis;
(b) asbestos induced carcinoma;
(c) asbestos-related pleural diseases;
(d) mesothelioma;
(e) a disease prescribed by regulation.
[1.5] New section 84 (2) and (3)
insert
(2) However, an expert who has provided a health service for a claimant in relation to the claim may also give expert medical evidence in the proceeding.
(3) In this section:
"health service"—see the Health Professionals Act 2004 , section 15.
substitute
(3) For subsection (1) (a), the presumption can be rebutted if the injured person establishes, on the balance of probabilities, that—
(a) the injury suffered by the injured person was less serious than it would have been if the injured person had been wearing a seatbelt at the time of the accident; or
(b) the injured person was not capable of fastening a seatbelt without assistance from someone else.
[1.7] Schedule 4, section 4.2, new definitions of amount payable and costs
insert
"amount payable", under an insurance policy in relation to an occupational liability—see section 4.2A.
"costs" includes fees, charges, disbursements and expenses.
[1.8] Schedule 4, section 4.2, definition of damages
substitute
"damages" means—
(a) damages awarded in relation to a claim or counter-claim or claim by way of set-off; or
(b) costs in relation to the proceedings ordered to be paid in relation to such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant); or
(c) any interest payable on the amount of the damages or costs.
[1.9] Schedule 4, new section 4.2A
insert
4.2A Amount payable under an insurance policy—sch 4
In this schedule:
"amount payable", under an insurance policy in relation to an occupational liability, includes—
(a) defence costs payable in relation to a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if the costs are payable out of the one sum insured under the policy in relation to the occupational liability; and
(b) the amount payable under or in relation to the policy by way of excess.
[1.10] Schedule 4, section 4.17
substitute
4.17 Limitation of liability by insurance arrangements
A person to whom a scheme applies, and against whom a proceeding relating to occupational liability is brought, is not liable in damages in relation to the cause of action above the monetary ceiling if the person can satisfy the court that—
(a) the person has the benefit of an insurance policy insuring the person against the occupational liability to which the cause of action relates; and
(b) the amount payable under the policy for the occupational liability is at least the amount of the monetary ceiling stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates.
[1.11] Schedule 4, section 4.18 (a)
omit
when the act or omission giving rise to the cause of action happened
[1.12] Schedule 4, section 4.18 (b) (ii)
substitute
(ii) the net current market value of the business assets and the amount payable under the policy for the occupational liability, if combined, would total an amount that is at least the amount of the monetary ceiling stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates.
[1.13] Schedule 4, section 4.19 (1) (a) (ii)
substitute
(ii) under which the amount payable for the occupational liability is at least an amount (the limitation amount ) that is a reasonable charge for the services provided by the person or which the person failed to provide and to which the cause of action relates, multiplied by the multiple stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates; or
[1.14] Schedule 4, section 4.19 (1) (c) (ii)
substitute
(ii) the net current market value of the assets and the amount payable under the policy for the occupational liability, if combined, would total an amount that is at least the limitation amount.
[1.15] Schedule 4, new section 4.22A
insert
4.22A Liability in damages not reduced to below relevant limit
The liability in damages of a person to whom a scheme applies is not reduced below the relevant limitation imposed by a scheme in force under this schedule because the amount available to be paid to the claimant under the insurance policy required for this schedule for the liability is less than the relevant limitation.
Note Section 4.2A allows a defence costs inclusive policy for this schedule, which may reduce the amount available to be paid to a client for occupational liability covered by the policy. Section 4.22A makes it clear that this does not reduce the cap on the liability of the scheme participant to the client, and accordingly the scheme participant will continue to be liable to the client for any difference between the amount payable to the client under the policy and the amount of the cap.
[1.16] Schedule 4, section 4.24 (2)
omit
when the act or omission happened
substitute
when the act or omission giving rise to the cause of action concerned happened
[1.17] Schedule 4, new section 4.59A
insert
4.59A Validation of schemes etc
(1) A scheme approved under this schedule before the commencement of the Justice and Community Safety Legislation Amendment Act 2007 (the amending Act ) is taken to be, and always to have been, a valid scheme if it would have been valid had the amendments made by the amending Act been in force when the scheme was approved.
(2) Anything done or omitted to be done in relation to such a scheme is taken to be, and always to have been, validly done or omitted.
(3) In particular, an insurance policy required by this schedule before a limitation on liability in damages of a person to whom such a scheme applies is reduced is taken to comply, and always to have complied, with this schedule if it would have complied had the amendments made by the amending Act been in force when the policy was issued.
(4) This section extends to proceedings pending in a court on the commencement of this section.
[1.18] Dictionary, new definition of amount payable
insert
"amount payable", under an insurance policy in relation to an occupational liability, for schedule 4 (Professional standards)—see schedule 4, section 4.2A.
[1.19] Dictionary, definition of costs
substitute
"costs"—
(a) for chapter 14 (Limitations on legal costs)—see section 180; and
(b) for schedule 4 (Professional standards)—see schedule 4, section 4.2.
Part 1.3 Classification (Publications, Films and Computer Games) (Enforcement) Regulation 1995
[1.20] Section 2
omit everything before paragraph (a), substitute
2 Prescribed areas for X 18+ films—Act, s 9 (2) (c) and s 21 (b)
The following areas are prescribed:
Part 1.4 Community Title Act 2001
omit
section 7
substitute
section 8
Part 1.5 Crimes Act 1900
[1.22] Section 441 (10), definition of prescribed penalty
omit
1 penalty unit
substitute
$100
[1.23] Section 10 (1), definition of default application date
omit
1 July 2007
substitute
1 July 2009
[1.24] Section 300, definition of territory public official , new paragraph (k)
insert
(k) an authorised person, or a territory service authorised person, under the Utilities Act 2000 .
Part 1.7 Criminal Code Regulation 2005
omit
Part 1.8 Discrimination Act 1991
insert
77A Power to strike out complaints
Despite section 77, the tribunal may refuse to hear, or further hear, a complaint if the complainant fails to comply with a reasonable direction of the tribunal in relation to the hearing of the complaint.
[1.27] Dictionary, definition of compulsory conference
omit
Part 1.9 Domestic Violence Agencies Act 1986
substitute
6 Membership of council
(1) The council consists of—
(a) the coordinator; and
(b) 12 other members (each of whom is an appointed member ) appointed by the Minister.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and 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).
(2) The appointed members must consist of—
(a) at least 6 people as community members, including—
(i) at least 1 person who the Minister considers is capable of representing the views and interests of people of Aboriginal and Torres Strait Islands descent; and
(ii) at least 1 person who the Minister considers is capable of representing the views and interests of people of non-English speaking background; and
(iii) at least 1 representative of the Domestic Violence Crisis Service Incorporated; and
(b) other people who are—
(i) statutory office holders; or
(ii) public servants; or
(iii) police officers.
(3) The instrument making or evidencing the appointment of a person as an appointed member must state the capacity in which the person is appointed.
(4) The Minister may appoint a person to the council as a community member only if the Minister considers that the person is familiar with the views and interests of the community on matters relating to domestic violence and is capable of representing those views and interests.
(5) The Minister may appoint a statutory office holder to the council only if satisfied that the exercise of the functions of the office requires its holder to have experience and expertise that would assist the council to exercise its functions.
(6) The Minister may appoint a public servant or police officer to the council only if—
(a) the person has a position the functions of which involve dealing with matters that are relevant to a function of the council; and
(b) the Minister considers that the person has the experience and expertise that would assist the council to exercise its functions.
6A Chairperson of council
The Minister must appoint an appointed member as chairperson of the council.
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
7 Appointed members' term
An appointed member must not be appointed for more than 3 years.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint ).
8 Ending of appointed member appointments
(1) A person appointed as a member because the person is a statutory office holder stops being a member if the person stops being the statutory office holder.
(2) A person appointed as a member because the person is a public servant or police officer stops being a member if the person ceases to occupy the office mentioned in section 6 (6) (a).
(3) The Minister must end the appointment of an appointed member—
(a) for misbehaviour; or
(b) for physical or mental incapacity; or
(c) if the member becomes bankrupt or executes a personal insolvency agreement; or
(d) if the member is absent, without the permission of the chairperson, from—
(i) 3 consecutive meetings of the council; or
(ii) 4 out of 6 consecutive meetings of the council; or
(e) if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
(f) if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.
Note A person's appointment also ends if the person resigns (see Legislation Act, s 210).
[1.29] Dictionary, definition of appointed member
substitute
"appointed member"—see section 6 (1).
[1.30] Dictionary, definition of member
substitute
"member" means a member of the council.
Part 1.10 Human Rights Commission Act 2005
insert
(aa) to promote understanding and acceptance of, and compliance with, the Discrimination Act 1991 and the Human Rights Act 2004 ;
substitute
(d) to promote an awareness of the rights and responsibilities of users and providers of services to which this Act relates;
omit
Part 1.11 Judicial Commissions Act 1994
substitute
61 Reports of proceedings—protection
(1) The proceedings of a hearing before a commission are taken to be proceedings of public concern for the Civil Law (Wrongs) Act 2002 , section 139 (Defences of fair report of proceedings of public concern).
(2) Subsection (1) does not apply in relation to the publication of a report of proceedings, or a part of proceedings, if a direction given under section 37 (3) restricts publication of the proceedings or part of them and the publication of the report contravenes the direction.
Part 1.12 Powers of Attorney Act 2006
substitute
2 donations (other than donations of non-regenerative tissue) under the Transplantation and Anatomy Act 1978 by the principal to someone else
substitute
13 Appointment of attorneys
omit
authorise
substitute
appoint
substitute
(3) However, an adult must not, by a power of attorney, appoint a child as an attorney.
substitute
15 Appointment of attorneys by name or position
A principal may appoint a person to act under a power of attorney by—
(a) naming the person; or
(b) nominating the occupant of a position (however described), at a particular time or from time to time.
Note The principal may revoke a power of attorney if the principal has decision-making capacity.
[1.40] Section 21 (1) (b) and (2) (b)
omit
authorised
substitute
appointed
substitute
(d) at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.
substitute
Part 3.3 Authorisation of 2 or more attorneys
substitute
25 Authorisation of 2 or more attorneys under power of attorney
substitute
(2) While the principal has decision-making capacity, the power of attorney operates as a general power of attorney in relation to property matters.
substitute
(b) making or revoking a power of attorney for the principal;
omit
authorisation
substitute
appointment
substitute
83 Assistance by public trustee
omit
must
substitute
may
Part 1.13 Powers of Attorney Regulation 2007 (No 2)
[1.49] Section 4 heading
substitute
4 Modification of Act, ch 20, new section 152B––Act, s 156
[1.50] Section 4 , new section 152C
omit
Part 1.14 Utilities Act 2000
substitute
(b) the Emergencies Act 2004 ;
[1.52] Section 171 (2) (b) (ii)
substitute
(ii) the effect of the Magistrates Court Act 1930 , section 266 (Complaints under Utilities Act, pt 12).
[1.53] New section 206 (1) (d)
insert
(d) a capital contribution charge, of an amount of not more than $10 000, imposed by a utility is excessive.
substitute
(2) The council may—
(a) for a complaint that a capital contribution charge is excessive—give a direction under section 209A (Reviewable capital contribution charges); or
(b) in any other case—
(i) give any written directions to the utility that it considers necessary requiring the utility to remedy the matter mentioned in subsection (1); or
(ii) give any other direction under this division; or
(iii) make a declaration under this division.
insert
209A Reviewable capital contribution charges
(1) This section applies if the council is satisfied that a capital contribution charge imposed by a utility is excessive.
(2) The council may give the utility a written direction to reduce the charge to the amount stated in the direction.
(3) For subsection (2), the council must state an amount that it considers reasonable having regard to—
(a) the cost of the work to which the charge relates; and
(b) the relevant industry code.
(4) The council may only give a direction under subsection (2) in relation to a capital contribution charge of not more than $10 000.
(5) To remove any doubt, this section is additional to, and does not limit—
(a) section 207 (Continuity of services—nonpayment of customer debt); and
(b) section 208 (Discharge of customer debt).
Part 1.15 Victims of Crime Act 1994
in division 3.2, insert
18A Delegation by coordinator
The coordinator may delegate the coordinator's functions under this Act to a public servant.
Note 1 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
Part 1.16 Victims of Crime (Financial Assistance) Act 1983
after section 61, insert
61AA Order for restitution—judgment debt
The amount ordered to be paid by a court under an order for restitution is a judgment debt owing to the Territory.
Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).
renumber as sections 61A and 61B