Page 4033 - Week 13 - Thursday, 6 December 2007
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I turn to the Administrative Appeals Tribunal Act 1989. The bill removes subsection 26 (8) from the Administrative Appeals Tribunal Act 1989, which is now redundant because the ACT Attorney-General already has an equivalent power to that of the commonwealth Attorney-General to prevent the disclosure of any matter which is contained in a statement of reasons for a decision, on public interest grounds. Similarly, section 62 is now redundant as the ACT Legal Aid Office and not the Attorney-General is the principal body responsible for the provision of legal assistance for applications made to the AAT.
I turn to the Bail Act 1992. The bill amends the Bail Act 1992 to correct a drafting error which erroneously omitted the ability for a person in charge of an ACT correctional centre to receive payment of an amount or security in accordance with a bail condition.
I turn to the Civil Law (Sale of Residential Property) Act 2003. The bill amends the Civil Law (Sale of Residential Property) Act 2003 to include a defence for sellers of property who engage the services of a lawyer to prepare a contract for sale and the lawyer fails to give to the seller all the required documents, thereby exposing the seller to an offence under the act. The seller will still be obligated to make the defective contract for sale given to them by the lawyer available for the buyer to inspect prior to making an offer on a property and must believe on reasonable grounds that they had received all the required documents from the lawyer.
The bill also amends the Civil Law (Sale of Residential Property) Act 2003 to clarify that sellers are only able to pass on to buyers the ordinary costs of obtaining a standard building and compliance inspection report and a pest inspection report and not the costs of any additional services associated with the provision of these reports.
I turn to the Civil Law (Wrongs) Act 2002. The bill amends schedule 4 of this act, which establishes a Professional Standards Council enabling the creation of schemes to limit the civil liability of members of an occupational association in exchange for improved governance arrangements. The bill amends the schedule to enable mutual recognition, between jurisdictions, of occupational association schemes approved in other jurisdictions. The amendments are based on model New South Wales legislation and are consistent with amendments to be made in all other jurisdictions.
I turn to the Civil Law (Wrongs) Regulation 2003. The bill makes an amendment to this regulation to remove the specific reference to ACT professional standards legislation, consequential on the mutual recognition amendments made to the Civil Law (Wrongs) Act 2002 by this bill.
I turn to the Crimes (Sentence Administration) Act 2005. The bill amends this act to clarify the exercise of the powers provided to the Sentence Administration Board.
I turn to the Fair Trading Act 1992. The bill amends this act to replace an incorrect reference to the Australian Telecommunications Commission, which has now been renamed. The bill also amends the Fair Trading Act 1992 to remove the corporate criminal responsibility components in the act, as a consequence of the earlier application of part 2.5 of the Criminal Code 2002 to all ACT offences.
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