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Legislative Assembly for the ACT: 2004 Week 04 Hansard (Tuesday, 30 March 2004) . . Page.. 1362 ..


assistant registrar as well as a registrar of cooperatives under the act. The Cooperative Regulations 2003 amendment provides that the Commonwealth Aboriginal Councils and Associations Act is a law under which a cooperative may be registered. The Fair Trading Act amendment removes subsection 41(5) of the Fair Trading Act, as the provisions of the subsection are now covered by the Criminal Code.

The Magistrates Court (Civil Jurisdiction) Act amendment clarifies the definition and operation of the debt declaration under the Magistrates Court (Civil Jurisdiction) Act and provides that an order can be made declaring that a specified amount is or is not due and owing by the applicant. The Protection Orders Act amendment will result in greater efficiency in the issuing of protection orders and provides that personal service may be dispensed with where the respondent is present in the court when a protection order is made, varied or revoked. The Security Industry Act amends section 37 to ensure that the process of review of a decision under the Security Industry Act accords with the requirements as set out in the Consumer and Trader Tribunal Act 2003. I foreshadow a government amendment to the bill. The proposed government amendment will amend the Evidence (Miscellaneous Provisions) Amendment Act 2003. I thank members for their support.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Bill, by leave, taken as a whole.

Proposed new part 6A.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.54): I move amendment No 1 [see schedule 6 at page 1384] circulated in my name which inserts a new part 6A. The government’s amendment is to include a new part 6A in the bill, which is intended to amend the Evidence (Miscellaneous) Provisions Amendment Act 2003 to address the fact that the Sexuality Discrimination Legislation Amendment Act 2004 has commenced before the commencement of the Evidence (Miscellaneous) Provisions Amendment Act 2003 rather than after as was earlier anticipated.

Among other things the Sexuality Discrimination Legislation Amendment Act amended the Evidence (Miscellaneous) Provisions Act 1991 to include a new division 4.7—Family Objections. The effect of commencing the 2003 amendment act after the Sexuality Discrimination Legislation Amendment Act 2004 is that new division 4.7 of the Evidence (Miscellaneous) Provisions Act 1991 will be repealed and this was never an intended consequence.

Proposed new part 6A agreed to.

Bill, as a whole, as amended, agreed to.


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