Page 1189 - Week 04 - Thursday, 26 March 2015
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allow anything in the person’s possession to be subjected to a screening search, to open and empty the person’s pockets and to open or empty a bag, suitcase or container the person is carrying or otherwise in the person’s possession.
A requirement by a security officer may be made only if the officer believes on reasonable grounds that it is prudent for court security; that it may be of general application; and that it must comply with any written policy made in relation to searches under section 45 by the Chief Justice or the Chief Magistrate.
Given that the section relates to security searches in ACAT premises as well as ACT law courts premises, it makes sense that a requirement by a security officer must also comply with any written policy made by the General President of the ACAT made in relation to section 45 searches as well as any written policy by the Chief Justice or Chief Magistrate. This bill therefore substitutes section 45(2)(c) to include reference to any written policy by the General President of the ACAT.
This bill makes a minor amendment to the Electoral Act 1992. The amendment is of an administrative nature and is consequential on amendments made by the Electoral Amendment Act 2015. The Electoral Amendment Act moved the deadline for the submission of annual returns to the Electoral Commissioner from 31 July to 31 August. The date that copies of annual returns must be made available for public inspection by the Electoral Commissioner under section 243 is still the beginning of September, which is impracticable. This bill changes the date in section 243 to 7 September to allow time for the commissioner to make annual returns available for public inspection while still providing sufficient time for inspection prior to an election.
This bill also introduces an amendment into the Guardianship and Management of Property Act 1991 to require that where the Public Trustee is appointed as the manager of a person’s property by the ACAT under part 2 of that act, the Public Trustee must provide annual statements of account to the protected person or his or her guardian. This amendment is designed to ensure increased transparency in circumstances where the Public Trustee is appointed as manager and mitigate against potential misuse of funds held on trust.
This bill makes two technical amendments to the Legal Profession Act 2006. The first relocates section 281A relating to cost disclosure to a more relevant division within the act. It also removes a note from section 278 which is rendered unnecessary by the relocating of section 281A.
Further, the bill makes an amendment to the Public Trustee Act 1985 which is intended to remove all doubt that the authority of the Supreme Court to appoint the Public Trustee to invest superannuation funds for a person under a disability under section 25(2)(c) includes allowing the Public Trustee to manage the superannuation fund on behalf of that person once it has been invested into that fund.
The bill also makes amendments to the Utilities Act 2000 which clarify the legislative responsibilities of utilities service providers in their treatment of personal information. In addition to obligations under the Australian privacy principles under the Privacy
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