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Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4365..


MR STANHOPE (continuing):

The Magistrates Court Act 1930 amendment will allow infringement notices to be issued for all offences, whereas previously offences for which a penalty of imprisonment could be imposed were excluded. It is expected that this amendment will improve the effectiveness of a number of provisions in ACT legislation and will ease the burden on the courts.

The Public Trustee has limited power to handle and apply funds of a person under disability, which includes those under 18 years of age, those who are of unsound mind, and those who are incapable. Unlike the New South Wales Public Trustee, at present the Public Trustee for the territory cannot advance maintenance funds to a parent of a person under a disability unless full receipts and accounts are provided by the parent. The amendment provides the Public Trustee with a more streamlined process for administering funds for people under a disability, permitting payments to persons, such as a parent, "for the maintenance, education, advancement or benefit"of a person under disability.

The Magistrates Court Act 1930 contains a provision which permits the registrar to discover information from government agencies concerning the address of a specified person who is liable to pay a fine. Surprisingly, the Supreme Court Act does not have a similar provision, so the amendment to the Supreme Court Act rectifies this situation.

The Trustee Act 1925 amendments require charitable trustees to consider written advice provided to them by a person who may be beneficially entitled under the trust. This will ensure natural justice is given by trustees when administering such a trust. Also amended are the circumstances in which a person may make an application to the Supreme Court in the event of a breach of a charitable trust, along with the powers of the Supreme Court to appoint a new trustee, and to provide rules for dealing with trusts that refer to unincorporated associations. The final amendment to the Trustee Act 1925 gives the minister the power to require a charitable trust to provide details of the activities of the trust, and a certified audit of the books and accounts of the trust, to enable appropriate public scrutiny.

Mr Speaker, as with previous portfolio bill amendments, the government is confident that these amendments will lead to more accessible and up-to-date legislation.

I commend the bill to the Assembly.

Debate (on motion by Mr Stefaniak ) adjourned to the next sitting.

Security Industry Bill 2002

Mr Stanhope , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (10.41): I move:

That this bill be agreed to in principle.


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