Page 4034 - Week 13 - Thursday, 6 December 2007
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I turn to the Fair Trading (Consumer Affairs) Act 1973. The bill amends this act to permit the Attorney-General to make a consumer product safety order not only in relation to goods which are dangerous because of a manufacturing defect but also in relation to goods which have the potential to be dangerous if they are misused. The amendment will bring the provision more closely in line with similar provisions in the New South Wales and Victorian fair trading legislation.
I turn to the Juries Act 1967. The bill amends this act to ensure that people who are blind or deaf are qualified to serve on ACT juries and to ensure that these people have the right to claim exemption from jury service in circumstances where they feel that they are unable to fulfil the inherent requirements of the position. The bill also makes minor amendments to the Juries Act to ensure consistency with the current drafting practice of the ACT.
I turn to the Leases (Commercial and Retail) Act 2001. The bill amends the Leases (Commercial and Retail) Act to refer users, including tenants and landlords, to the Civil Law (Property) Act 2006 for further information on notices of a breach. The bill also makes a minor and technical amendment to align the drafting of the Leases (Commercial and Retail) Act 2001 with the current drafting practice of the ACT.
I turn to the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005. The bill removes the expiry date provision from this regulation for consistency. The expiry date provisions were included in a number of Magistrates Court infringement notices regulations to ensure that infringement notice schemes for acts yet to be harmonised with the Criminal Code 2002 were reviewed.
The approach to include an expiry provision was later considered problematic and consequently some infringement notice regulations for offences that are yet to be harmonised do not include such a provision. Therefore, for consistency, the amendment will remove the expiry provision from the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005.
The bill also removes the expiry date provisions from the following regulations, for the same reason: the Magistrates Court (Environment Protection Infringement Notices) Regulation 2005, the Magistrates Court (Food Infringement Notices) Regulation 2005, the Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 and the Magistrates Court (Sale of Motor Vehicles Infringement Notices) Regulation 2005.
The bill also makes amendments to the Powers of Attorney Act 2006. The bill amends this act by remaking current transitional sections 152, 152A, 152B and 154 as substantive provisions of the act. The transitional provisions were included to ensure that powers of attorney made under the repealed Powers of Attorney Act 1956 and the repealed Medical Treatment Act 1994 remain valid, even after the commencement of the new Powers of Attorney Act 2006. The transitional provisions, which are set to expire on 30 May 2009, will need to continue beyond this date, to ensure the continued validity of the powers of attorney made under the repealed Powers of Attorney Act 1956 and the repealed Medical Treatment Act 1994.
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