Page 1274 - Week 04 - Thursday, 21 March 2013
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
In summary, these are a series of—as these bills are supposed to be—minor and technical amendments. I think each of them in its own right is a useful, clarifying step to either clarify or tidy up matters. On that basis, I will be pleased to support the bill today.
MR SESELJA (Brindabella) (4.17): The Canberra Liberals will also be supporting this bill. The purpose of the bill is to make minor and non-controversial amendments to the legislation administered by the JACS Directorate.
The changes include changes to the Agents Act 2003—consequential amendments made to the Unclaimed Money Act 1950. This should provide for a refined and streamlined process for applying to the Public Trustee for unclaimed money.
Changes to the Confiscation of Criminal Assets Act 2003 will remove the temporary nature—14 days expiry—caveats over “tainted” land, which is land over which a court has issued a restraining order, and allow preservation for the purpose of the act.
Changes to the Crimes Act 1900 will clarify ambiguous provisions in the act. In considering a board of inquiry report, the full court must make one of four decisions, one of which can be to confirm the conviction, with the others involving other orders, including quashing the conviction. A later provision seeks to make it clear that this “menu” does not confer any rights on the convicted person to an order to change a conviction; however, one of the three was omitted from that clarification, causing potential confusion. This amendment, we are told, fixes that omission.
The Land Titles Act enables the registration of commercial trusts so long as they do not have an effect on the title to land. This is a provision that was requested by industry groups to clarify how their leases may be recorded.
In relation to the Legal Aid Act 1977, there are two main amendments. One is to allow anyone who is a suitably qualified member of the Law Society and holds a practising certificate to be appointed to the Legal Aid Commission’s panels and committees. The second is to ensure that the Auditor-General must comply with the secrecy provisions of the Legal Aid Act when doing performance or financial audits. These provisions have been changed in consultation with Legal Aid to assist them in their duties.
Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 has changed to allow a person issuing an infringement notice to give either the name or ID number instead of both. It brings the provision into line with other enforcement schemes.
Changes to the Unclaimed Money Act make it clear that unclaimed money is to be paid to the Public Trustee. They also provide a refined and streamlined process for claiming unclaimed money; application to the Public Trustee; and provision of more information, proof of entitlement, if the Public Trustee requires. There is a requirement for the Public Trustee to make a decision with the ability to apply to the
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video