Page 223 - Week 01 - Thursday, 9 December 2004

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Section 81 of the Legislation Act is frequently relied on to support transitional administrative arrangements between old and new legislative schemes. However, there is some doubt about the operation of the section in relation to the performance of anticipatory administrative functions to be carried out in relation to entities such as statutory corporations that are not yet technically in existence because the establishing legislation has not yet commenced. To remove any doubt, section 81 is being amended to expressly extend its operation to cases where powers are to be exercised in relation to entities established under laws that are notified but not yet commenced.

Magistrates Court Act 1930

The bill amends the Magistrates Court Act to increase the statutory time allowed for appeals from 21 days to 28 days and to allow the Attorney-General and the Director of Public Prosecutions to initiate appeals from the Magistrates Court to the Supreme Court on questions of law. The amendment provides for a reference appeal similar to that which exists for the indictable jurisdiction under section 37S of the Supreme Court Act 1933.

Security Industry Act

The bill amends current section 42 of the Security Industry Act 2003 to state that the requirement to wear a licence does not apply where the regulations require an employee to wear some other form of identification. This amendment is designed to reduce the security risk that may be faced by crowd controllers should their licence, which contains the crowd controller’s name and photograph, be pulled off during a confrontation with a disgruntled patron who has been ejected from premises due to inappropriate behaviour or intoxication.

As a consequence of the amendment to section 42, section 41 of the act, which makes it an offence for a licensee to fail to produce their licence on demand, has been amended. It would be impossible for a person who is wearing another form of identification rather than their licence to produce a licence on demand. The bill amends section 41 to provide that the offence will not apply where a person is required to wear another form of identification under section 42.

Security Industry Regulations 2003

Currently, where a security industry provider is granted an exemption under subsection 42 (3) of the Security Industry Act 2003 from the requirement to wear their licence, regulation 12 (1) requires that the master licensee—the employer—allocate a unique identification number to their employees who are crowd controllers. To facilitate the efficient identification of individual crowd controllers in the event of a consumer complaint, the bill amends regulation 12 to provide that the Commissioner for Fair Trading will issue the identifying number to crowd controllers.

Smoking (Prohibition in Enclosed Public Places) Act 2003

The Smoking (Prohibition in Enclosed Public Places) Act 2003, when it commences on 1 December 2006, will insert a number of new provisions into the Liquor Act 1975.

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