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Legislative Assembly for the ACT: 2010 Week 04 Hansard (Thursday, 25 March 2010) . . Page.. 1485 ..


Environment Act 1993, Duties Act 1999 and the Financial Management Act 1996. Language in relation to bankruptcy has been replaced with references to the Legislation Act 2001 definition of bankrupt or personally insolvent. The amendment to the Building Act 2004 also clarifies the meaning of insolvent in relation to builders that are corporations.

Schedule 1 also contains amendments of the Education Act 2004. The bill amends the act to give effect to a number of minor amendments to resolve operational issues that have arisen in the practical administration of the act. Some of the amendments had been included previously in the Education Bill 2009 that related to the suspension of students. However, that bill was negatived.

Sections 83, 85, 87, 88A and 89 of the act are amended to provide that various applications in relation to the registration of schools must be made available free of charge at a departmental office and not specifically at the chief executive’s office, as presently required. Sections 67 and 119 are amended to make it clear that a person may hold an appointment as an authorised person (government) and an authorised person (non-government) at the same time. The opportunity has also been taken to insert a new section 10(4A) in the act to provide that the parents of a child whose home registration has been cancelled must enrol the child in an education providers course within 14 days of the cancellation.

Schedule 1 also amends the Road Transport (Third-Party Insurance) Act 2008. The bill amends sections 60, 62 and 72. Sections 60 and 62 amend the definitions of uninsured motor vehicle and unidentified motor vehicle respectively, to clarify that a motor vehicle that is designed to be used in off-road areas, and that is not registered or insured, is not an uninsured or unidentified motor vehicle, as the case may be, for the purposes of the act and, therefore, the nominal defendant will not be liable for personal injury resulting from any motor accident caused by the uninsured vehicle or in which the unidentified motor vehicle is involved.

Section 72 is revised to allow an injured person to receive early payment of medical expenses up to the maximum amount allowed under the act, section 74(1), if the report by a police officer about the injured person’s motor accident is delayed and the injured person is able to give the insurer information about the date when and the police officer to whom the motor accident was reported or, if the accident was reported at a data entry point, the submission number for the report.

The act, section 52(c), is also amended in relation to bankruptcy, as I mentioned earlier. The term bankrupt or personally insolvent, as defined in the Legislation Act 2001 dictionary, is substituted. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.

Schedule 3 includes amendments of acts and regulations that have been reviewed as part of an ongoing program of updating and improving the language and form of legislation. These amendments are explained in the explanatory notes and are routine, technical matters such as the correction of minor errors, improving syntax and omitting redundant provisions.


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