Page 1575 - Week 05 - Thursday, 5 May 2016
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Assembly not later than the first sitting week after six months from the date the responsible minister receives the report. Thirdly, in some circumstances the Coroners Act requires separate responses to a coronial report where that report concerns a death in custody that also raises a public safety issue. The two responses are currently subject to different time frames. The amendment provides discretion in these circumstances for the responses to be provided together.
The bill makes a minor change to the provision in the Court Procedures Act 2004 that prescribes the main objectives of the civil procedure provisions, which include the Court Procedures Rules 2006. Under this act, judges and magistrates must interpret and apply civil procedure provisions in a way that promotes the act’s main objectives. The amendment in this bill clarifies the intention of the section that the just resolution of disputes is according to the law and with consideration of the efficient use of all court resources.
The bill includes a new offence in the Crimes Act 1900 to specifically outlaw the intentional throwing, dropping or placing of an object in the path of a vehicle where that conduct risks a person’s safety. While these behaviours are currently prosecuted under other offences, such prosecutions can be problematic and may be frustrated where the conduct does not result in injury or death. This new offence will enhance community safety and provides a clearer means by which to deter or prosecute people who recklessly place others at risk.
Amendments to the Firearms Act 1996 and the Prohibited Weapons Act 1996 confirm that the Registrar of Firearms has a general power to delegate any of their functions under the Prohibited Weapons Act to a deputy registrar.
The bill also amends the Land Titles Act 1925 for two purposes. First, an amendment removes the requirement that all signatures on documents that must be attested or signed must be in ink. The amendment supports the government’s land titles business systems modernisation initiative that was announced last year. Second, an amendment to the Land Titles Act authorises the ACT to collect and provide information to the Australian Commissioner for Taxation in accordance with the new obligations under the commonwealth Taxation Administration Act 1953.
The bill corrects a recently identified anomaly in the operation of the Legal Profession Act 2006. Presently, where a complaint is made to the ACT Law Society about a costs dispute between lawyer and client, the ACT Supreme Court is required to stay any ongoing costs assessment relating to those costs. However, if the client’s complaint is withdrawn or never resolved, the legislation does not allow the stayed costs assessment to be revived unless the complaint is referred to the Supreme Court by the Law Society. The bill corrects this unintended consequence by clarifying that a withdrawn or unresolved complaint relating to costs will not stop a costs assessment being revived.
The bill includes an amendment that relates to the Chief Magistrate’s exercise of the Industrial Court jurisdiction. When this jurisdiction was established in November 2013, the Chief Magistrate determined, following consultation with other magistrates, that she would perform the functions of the Industrial Court magistrate. However, the
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