Page 783 - Week 02 - Thursday, 23 February 2012
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The bill also amends one section in the Magistrates Court Act 1930 which provides for the automatic stay of enforcement of a conviction or sentence where an appeal has been lodged with the Supreme Court. The amendment clarifies that a person who has appealed a conviction or sentence remains in the custody of the person who had custody of the appellant immediately before the stay of the conviction or sentence, until either there has been a grant of bail or the appellant has been remanded in custody. This is a technical amendment.
The JACS bill makes an amendment to the Trustee Companies Act 1947, which will allow the voluntary transfer of trustee company business to a receiving company. Currently, the Trustee Companies Act provides for compulsory transfers of trustee company business to a receiving company where ASIC has cancelled the licence of a trustee company and made a compulsory transfer determination. The section of the Corporations Act that provides for transfer determinations has been amended by the commonwealth to allow for voluntary transfers of trustee company business, and this amendment will bring ACT law into line with the commonwealth amendment.
The bill also inserts a new section into the Unclaimed Money Act 1950. The Public Trustee maintains a register of unclaimed money, money which it receives from companies and liquidators under the Unclaimed Money Act as well as the Agents Act and the Legal Profession Act. In addition to maintaining a register of unclaimed money, to assist in reuniting people with their unclaimed money, the Public Trustee publishes a limited amount of information about the money and its owner on a searchable internet database. A person who has unclaimed money can search his or her name and find out whether or not there is money in the register belonging to him or her. If he or she, or his or her estate if the person is deceased, wishes to reclaim that money, the person can complete an application. The new section of the Unclaimed Money Act will give statutory recognition to this practice whilst ensuring the privacy of individuals whose personal information is contained in the register.
Finally, this bill introduces a new part into the Wills Act 1968 premised on model uniform law which, once implemented in each state and territory, will allow Australia to accede to the Convention providing a Uniform Law on the Form of an International Will 1973. The convention provides for a uniform law that prescribes necessary elements for the form of an “international will” including, for example, witnessing, writing and certification requirements. Adopting the convention’s “international will” will improve access to justice for those who hold assets in foreign countries, have beneficiaries located abroad or who are themselves beneficiaries under an international will.
JACS bills are necessary to ensure that legislation in my portfolio continues to give effect to the policy decisions that led to the enactment of the territory’s law. The bill I present today is no exception. It introduces amendments to the statute book that are minor and uncontroversial in nature, including matters that are not changes in policy. It updates the law in many respects to ensure it is not a barrier to proper administration. I commend the bill to the Assembly.
Debate (on motion by Mr Smyth) adjourned to the next sitting.
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