Page 3912 - Week 12 - Thursday, 20 October 2005
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
interest fees and charges must be included in the calculation. This ensures a fairer system where hidden fees and charges do not enable credit providers to charge their customers extortionate amounts. The act has also been amended to remove references to short-term credit contracts as the section now applies to both short and long-term credit. This is to ensure that short-term credit providers do not evade the operation of the section by providing credit outside the short-term time lines.
The Crimes (Child Sex Offenders) Act 2005 is being amended to include a range of new federal child pornography offences in its current list of class 2 offences. The inclusion of the commonwealth crimes of trafficking of children, using, possession and producing child pornography material through a carriage service, and using a carriage service to procure or “groom” children under 16 years of age will now qualify a sex offender for registration on the ACT child sex offenders register.
The Crimes (Restorative Justice) Act 2004 currently provides for a centralised restorative justice unit that can be accessed by agencies involved in criminal justice. The focus of the act is primarily on victims of crime, but it also aims to have a constructive impact upon offenders. The key vehicle to restorative justice in the ACT’s scheme is a facilitative conference between the victim and offender to discuss the offence, the impact of the offence and what can be done to repair the harm.
Section 22 of the act and its corresponding table 22 contemplate which agencies can refer matters to the restorative justice unit. Section 22 refers to chief executives when performing particular statutory roles as in some cases the actual chief executive may be the same person. The table in section 22 sets out when an entity has the authority to refer an offence to restorative justice by referencing the stage in the criminal justice process. For example, the police can refer an offence after a person is cautioned about an offence, but not after a prosecution referral is made.
At the time the act was drafted it was unclear whether the chief executive responsible for the Children and Young People Act 1999 would need, or have the occasion, to refer offences to restorative justice after the imposition of a sentence. Now that the act is in effect, it is clear that there is occasion for the chief executive for the Children and Young People Act to refer matters to restorative justice after a sentence is imposed.
The Fair Trading Act 1992 is also being amended. The amendment to the Fair Trading Act addresses the unnecessary complications in the fair trading scheme for codes of practice. The current scheme duplicates the work of giving effect to approved codes of practice by providing for approved codes and amendments to be prescribed by regulation, as well as requiring the codes to be notified by notifiable instrument. The bill amends the Fair Trading Act 1992 to simplify the process by making codes of practice by disallowable instrument. The process of approval by disallowable instrument provides a more efficient process of approval, while maintaining an appropriate level of scrutiny by the Assembly.
Section 26 of the Guardianship and Management of Property Act 1991 requires a financial manager to file certain accounts and documents with the public trustee, who in turn is required to examine these accounts and apply to the tribunal for disallowance of any item in the accounts. The fee for this service is determined under the act. The bill
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .