Page 1838 - Week 05 - Thursday, 6 May 2010
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I acknowledge that there will inevitably be debate at the margin about what is “substantive” and what is “controversial”. The characterisation is uncertain and can vary depending on individual perspectives. It can also change over time, sometimes even a short time, including between the introduction and debate on a bill. Some amendments have small transactional impact, but in the eyes of their proponents they are of considerable importance. Others may have high volume operational significance but be of very low impact to the community or meet with wide acclaim.
In any event, I am confident that the JACS bill I am introducing today will honour and uphold the generally accepted practice. The amendments involve a mixture of minor and technical amendments, as well as more substantive, yet uncontroversial, amendments. The technical amendments update the language and terminology used in ACT legislation, and the more substantive amendments ensure that the legislation operates effectively and in a manner consistent with government’s intention. While substantive in nature, the government maintains that these amendments are non-contentious.
Late last year, the Statute Law Amendment Act 2009 (No 2) inserted a definition into the Legislation Act 2001 of “bankrupt or personally insolvent”. The definition establishes a single term to cover the range of circumstances by which an individual may be considered bankrupt or insolvent under the commonwealth Bankruptcy Act 1966. Consequential amendments were made to 19 acts and regulations to apply the definition across the ACT statute book. This process was continued in the recently introduced Statute Law Amendment Bill 2010. Amendments are made to 16 acts and regulations in this bill to apply the definition to ensure that legislation within the Justice and Community Safety portfolio is consistent with the rest of the ACT statute book.
The bill also makes a number of amendments to the Prostitution Act 1992 to update the language used in the act. Specifically, amendments replace references to “sexually transmitted disease” with references to “sexually transmissible infection”. This change in terminology ensures consistency with terminology in Australian national policy. An amendment has also been made to the heading of section 25 of the act to ensure that it more appropriately reflects the content of the provision.
More substantive amendments are made to the ACT Civil and Administrative Tribunal Act 2008 and the Magistrates Act 1930 to ensure that the legislation operates effectively and in a manner consistent with the government’s intention.
The amendments to the ACT Civil and Administrative Tribunal Act 2008 will clarify an ambiguity in the act in relation to the appointment of temporary presidential and non-presidential members to the tribunal. The amendments will disaggregate the generic references to temporary appointment of tribunal members referred to in existing section 101 of the act by describing the way temporary appointments apply to each type of member. Temporary appointments will be permissible for a term of not longer than 12 months.
The amendments to the Magistrates Court Act will ensure that there is a consistent procedure for dealing with a failure to attend court in response to a summons.
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