Page 2302 - Week 07 - Thursday, 17 August 2006
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jurisdiction” is consistent with the definition used in the national model defamation provisions.
Amendments to the Consumer Credit Regulation 1996 are included in this bill to further clarify the terms relating to the maximum annual percentage rate for credit contracts. The amendments will insert a mathematical formula for calculating the maximum annual percentage rate of a credit contract, define the term “temporary credit facility” and provide further clarification for calculating the maximum annual percentage rate of a continuing credit contract.
The bill will amend the Court Procedures Act 2004 to clarify the status of matters that can take place in a criminal trial prior to the empanelling of a jury. Recently, the Supreme Court had cause to consider whether matters of an interlocutory nature, such as pre-trial matters, could be dealt with by that court prior to the empanelling of a jury, which typically marks the commencement of a trial. During the discussion, it was contemplated that a judicial discretion can only be exercised after a trial has commenced. To remove this confusion, an amendment to the Court Procedures Act 2004 is required to ensure that matters conducted prior to the empanelling of the jury are still within the relevant trial. The amendment replicates a similar provision made in New South Wales.
The Domestic Violence and Protection Orders Act 2001 will be amended to include the crime of common assault, which is provided for under section 26A of the Crimes Act, in a list of offences that are classed as domestic violence offences for the purposes of the act. The amendment to the Land Titles Act 1925 will clarify that when the ACT Planning and Land Authority lodges a crown lease variation with the Registrar-General, the variation takes legal effect from the time it is entered into the register. The bill will amend the Mental Health (Treatment and Care) Act 1994 to clarify that the mandatory three-day notification period for an order from the Mental Health Tribunal does not apply to tribunal proceedings concerning emergency electroconvulsive therapy orders.
The bill will repeal a section in the Residential Tenancies Act 1997 that is currently causing certain people to be excluded from accessing the Residential Tenancies Tribunal, such as tenancies at common law. The provision’s original purpose was to distinguish residential tenancies from occupancies. However, as the tenants advice service and the tribunal no longer see the provision as necessary, repealing the subsection will allow some currently excluded parties to have access to the tribunal. The bill also extends the jurisdiction of the Residential Tenancies Tribunal. Currently the tribunal cannot make an order for the payment of an amount, or for work of a value, of more than $10,000. This limit will be raised to $25,000, or as high as $50,000 with the consent of both parties. The change will allow the tribunal to make orders in relation to higher-rent premises, or for cases where the tenant seriously damages the premises. It will also prevent some residential tenancy disputes from ending up in the Magistrates Court due to the larger sums of money involved.
The bill will amend the Security Industry Act 2003 to change the requirements for particular members of the industry to wear their security industry licence when carrying out a security function. Instead, these members of the industry will only be required to carry and produce their licences. This amendment was requested by members of the security industry who install and repair security equipment. Often members of this industry work in building sites, construction sites, roof spaces and under buildings where
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