Page 852 - Week 03 - Thursday, 10 March 2005
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I urge the government to look at real estate agencies. There do seem to be still a couple of areas where, in my view, agents are needlessly paying twice and there is a double dipping effect. There have been some significant increases in fees in recent times, which makes it so much harder if an agent has to pay two fees when they do not really need to. This particular step, in relation to travel agents at least, is a step in the right direction. We commend the government for it.
The Evidence Act 1971 is being amended by removing the definition of “diplomatic or consular representative”, which deals with the attestation of documents outside the ACT. It is redundant now because the commonwealth has removed the obligation to adduce evidence to prove that a document was signed or attested as it purports to have been done. That is a minor amendment.
I am pleased to see the proposed amendments to the Justices of the Peace Act because both the attorney and I, and probably other members of this place, have had representations and correspondence from people who were concerned about justices of the peace being involved in criminal offences after their appointment. The bill addresses that concern as to what happens when a JP has been convicted of a criminal offence. The amending legislation includes special criteria for appointment, as well as for termination, which was not the case in the past.
It includes eligibility grounds for the appointment of JPs and lists circumstances in which that appointment may be ended. They include where a JP has been convicted of a serious criminal offence—and that is an offence punishable by imprisonment for at least one year—where they become bankrupt or where the person is suffering from a physical or mental incapacity that will affect their ability to exercise their functions. The bill also amends the act to allow for the creation of further guidelines for appointments and terminations.
The office of justice of the peace is an important one. Whilst in the ACT, unlike some states, JPs do not actually sit on the bench and effectively act as magistrates, there is still some provision where that can occur, I think in relation to bail proceedings. The Commandant of the Royal Naval College at Jervis Bay is a JP and can sit on the bench, if need be, in that jurisdiction. I think that still applies. JPs are crucially important in our system in terms of witnessing documents. It is a position of trust and honour. Quite clearly, there have been concerns that there were no termination procedures if a JP basically goes bad or does something that the community would not approve of. So there do need to be sensible termination procedures, which this bill introduces.
The amendment to the Liquor Act will allow wine growers without an ACT off-licence to apply to get a special permit to sell unopened wines at ACT tourism events. That will apply to sales of wines by non-profit organisations as well. In the case of the wine makers, they can sell up to $15,000 worth. There will be a price cap of $15,000 of the total sales during each financial year. Similarly, for non-profit organisations which sell wine at charity functions to make money, the purchase of wine for sale under permits will be limited to a price cap of $10,000 of the total purchase price of the wine sold during each financial year. On the positive side, that will certainly assist in events like the upcoming celebrations of Canberra Day and any events where, at present, wine makers display their wares. At the old wine and food frolic, you would only get it in
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