Page 1574 - Week 05 - Thursday, 5 May 2016

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Justice and Community Safety Legislation Amendment Bill 2016

Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Capital Metro, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (10.39): I move:

That this bill be agreed to in principle.

I am pleased to present this bill today. The bill includes amendments that are designed to improve the operation of legislation within the Justice and Community Safety portfolio. The bill makes changes to 17 acts and three regulations.

The amendments to the Associations Incorporation Act 1991 and the Cooperatives Regulation 2003 make minor technical changes to allow ACT associations to transfer registration to the Corporations (Aboriginal and Torres Strait Islander) Act 2006. This change will be of benefit to Aboriginal and Torres Strait Islander associations and cooperatives as registration under the commonwealth act is a prerequisite for certain commonwealth funding arrangements.

Two amendments are made to the Civil Law (Sale of Residential Property) Act 2003 to give certainty about the rights of buyers where additional inspection reports must be disclosed in a residential property’s contract of sale. This bill includes amendments to the Civil Law (Wrongs) Act 2002 and the Civil Law (Wrongs) Regulation 2003 to remove the requirement for ACT insurers to provide annual reports to the minister for tabling in the Assembly. This requirement was implemented nationally during the public liability insurance crisis in 2002, but does not exist in other Australian jurisdictions. This amendment reduces unnecessary red tape for insurers operating in the territory.

An amendment to the Confiscation of Criminal Assets Act 2003 recognises confiscation orders that are not based on criminal convictions, such as unexplained wealth and civil forfeiture orders in Western Australia and Victoria. This amendment responds to requests by other jurisdictions and ensures that criminal assets cannot be transferred to the ACT to frustrate enforcement of valid interstate orders. Recognition of these orders is important to ensure the integrity of unexplained wealth regimes across Australia and allow for enforcement of valid interstate orders within the ACT.

Three amendments in this bill revise procedures regarding the government’s response to certain coronial reports. Amendments to the Coroners Act 1997 will, firstly, allocate responsibility for tabling the coroner’s report and government response to the responsible minister rather than the Attorney-General. Secondly, that responsible minister will be required to present the coroner’s report and their response to it to this

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