Page 3258 - Week 08 - Tuesday, 16 August 2011
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In follow-up of the government’s commitment to the seamless national economy strategy agreed by COAG, the territory’s business name legislation is to be repealed by the Business Names Registration Bill 2011. This will put into place transitional arrangements to make way for the new commonwealth business names registration act, which will establish a national business name registration scheme. Under the national scheme, businesses that trade in more than one jurisdiction will only need to register once. Registration will be available online 24 hours a day and will also be available jointly with ABN registration.
A range of other amendments are to be proposed involving the Justice and Community Safety portfolio.
The fight against serious and organised crimes will be boosted by the Crimes (Protection of Witness Identity) Bill 2011, which is the final in a series of model national laws. It will provide specific legislation for witness identity protection for undercover operatives giving evidence in court and enable mutual recognition of protection of interstate operatives. Provisions in the bill will protect undercover operatives giving evidence in proceedings and others connected to them, such as family members, and preserve the efficacy of undercover operations.
The Crimes (Child Sex Offenders) Amendment Bill 2011 will make important changes to the ACT’s child sex offender management scheme. These will ensure that our legislation is consistent with the schemes across Australia so that, where possible, Australia adopts a consistent national approach to the management of convicted child sex offenders. It will include increasing the maximum penalties for failing to comply with reporting obligations to 500 penalty units, imprisonment for five years, or both.
The bill will also introduce a child protection order scheme which will allow the courts to make an order preventing an offender from engaging in specific behaviour if the registered offender poses a threat to the life or safety of a child.
To ensure that the Crimes Act remains connected with community expectations and maximum penalties in other jurisdictions and the model criminal code, the Crimes (Certain Penalty Increases) Amendment Bill 2011 will increase maximum penalties for a suite of serious harm offences, including culpable driving offences. The legislation will also ensure that penalties for serious harm offences retain a balance with maximum penalties for other ACT offences against the person. Proposed increases in maximum penalties take a considered and measured approach and aim to reflect community attitudes about the seriousness of these offences.
Two bills will continue the reform of evidence law in the territory. The Evidence Amendment Bill 2011 will implement aspects of the model uniform evidence law which have not been adopted by the commonwealth and therefore are not currently part of ACT law. This will include adopting the professional confidential relationship privilege.
Any changes arising out of a review of the entire ACT statute book will be implemented by way of the Evidence (Consequential Amendments) Bill 2011. The
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