gardner/nz_legislation huggingface dataset:
Education Amendment Act (No 2) 2010

1: Title
This Act is the Education Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on 27 September 2010.
3: Principal Act amended
This Act amends the Education Act 1989 2010-09-27 Education Act 1989
4: Student allowances
Section 303
3B: The rates of student allowances set under this section (except the rates of allowances provided in respect of accommodation expenses) must be adjusted, by regulations made under subsection (1), as at 1 April each year so that in each case the new rate (after the deduction of standard tax) is the rate at that date (after the deduction of standard tax and before the adjustment under this section is made) adjusted by an amount equal to the percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
3C: The adjustments (by any percentage movement upwards in the CPI) required under subsection (3B) as at 1 April 2011, 1 April 2012, and 1 April 2013 must, despite subsections (3B) and (3F), be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
3D: An adjustment under subsection (3B) must not reduce the weekly amounts of student allowances payable.
3E: Every adjustment made under subsection (3B) comes into force, or is considered to have come into force, on 1 April of the calendar year in which it is made, and applies to student allowances payable on and after that date.
3F: In this section,— CPI standard tax M section 24B of the Tax Administration Act 1994
Companies Amendment Act (No 2) 2010

1: Title
This Act is the Companies Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Companies Act 1993 2010-07-07 Companies Act 1993
4: Public notice
Section 3
3: However, subsections (1) and (2) do not apply to the public notice required to be given by the Registrar under sections 319(1)(c), 320(1), 328(3)(a), and 360A(2)(b).
4: The public notice required to be given by the Registrar under the provisions referred to in subsection (3) Gazette
5: The Registrar must ensure that a copy of the notice referred to in subsection (4)
5: Transactions under netting agreement and effect on certain sections
Section 239AEM(2) 292(3) 292(4A)
6: Transactions under netting agreement and effect on certain sections
Section 310G(2) 292(3) 292(4A)
Companies Amendment Act 2010

1: Title
This Act is the Companies Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Companies Act 1993 2010-04-20 Companies Act 1993
4: Appointment of auditors
1: Section 196
3: Nothing in subsection (2) applies to a company—
a: to which section 19 of the Financial Reporting Act 1993 applies; or
b: that is an issuer within the meaning of section 4 of that Act.
2: Section 196(8)
Armed Forces Discipline Amendment Act 2010

1: Title
This Act is the Armed Forces Discipline Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Armed Forces Discipline Act 1971 2010-07-07 Armed Forces Discipline Act 1971
4: Interpretation
The definition of competent service authority section 2(1)
ab: includes every Judge; and .
5: Arrest of deserters from other armed forces
Section 92A(4) The provisions of subsections (3) to (7) of section 101 do not Section 101(3) to (5) does not
6: Charge must be certified if disciplinary officer may impose certain punishments
1: The heading to section 112 or make certain compensation orders
2: Section 112
1: A disciplinary officer must, after a charge is referred to him or her under section 109 or 110 but before the accused is brought before him or her, consider whether he or she may, if the accused were found guilty,—
a: impose a punishment consisting of or including 1 or more of the following:
i: detention:
ii: reduction in rank:
iii: a fine of an amount that exceeds the accused's basic pay for a period of 7 days; or
b: order the accused to pay an amount by way of compensation that exceeds the accused's basic pay for a period of 7 days.
3: Section 112(3)
a: he or she considers that, if the accused were found guilty,—
i: a punishment consisting of or including 1 or more of the punishments referred to in subsection (1)(a)
ii: an order for compensation referred to in subsection (1)(b) .
7: Procedures to be followed before imposing punishment
Section 117R(3)(c) of an amount that exceeds the offender's basic pay for a period of 7 days
8: Orders for compensation and restitution
Section 117ZA
3: The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to order the offender to pay an amount by way of compensation that exceeds the offender's basic pay for a period of 7 days.
9: Rules of procedure
1: Section 150
k: providing for the payment of fees, allowances, and expenses of witnesses and interpreters giving evidence before a military tribunal or a court of inquiry and prescribing the amount of the fees, allowances, and expenses payable or the method by which they are to be calculated: .
2: Section 150
10: Authority must consider petition for reconsideration
Section 154
2: However, if the Authority remits a punishment or part of a punishment, it must not make a decision that has the effect of imposing a punishment more severe than the punishment that had effect before that remission.
Summary Proceedings Amendment Act 2010

1: Title
This Act is the Summary Proceedings Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957 2010-07-07 Summary Proceedings Act 1957
4: Withdrawal of information by prosecutor
Section 158(2)(b) 13A(6)(d) of the Evidence Act 1908 109(1)(d) of the Evidence Act 2006
5: Provision for person in custody to be present at taking of statement
1: Section 166(a) Superintendent of the penal institution manager of the prison
2: Section 166(b) Superintendent manager
6: Application of provisions of Part 2
Section 184(2)
7: High Court Judge must determine trial Court in certain cases
Section 184Q(6) 13C of the Evidence Act 1908 112 of the Evidence Act 2006
8: Dealing with defendant committed for trial or for sentence
1: Section 184T(3) psychiatric hospital hospital or secure facility
2: Section 184T
4: Before making an order under subsection (3), the District Court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—
a: the defendant is mentally impaired; and
b: the defendant's mental condition requires that, in the defendant's own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.
5: In subsections (3) and (4)
a: health assessor
b: hospital
c: secure facility
9: Child complainant's evidence may be given by video record
Section 185D(2) 185C(1) 185C(2)
New Zealand Superannuation and Retirement Income Amendment Act (No 2) 2010

1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the New Zealand Superannuation and Retirement Income Act 2001 2010-07-07 New Zealand Superannuation and Retirement Income Act 2001
4: Special disability allowance
Section 20(1)
b: the person's spouse or partner is eitherâ€”
i: a patient in a hospital (as defined in section 19(1)) who is in receipt of a reduced benefit under section 19(4) or (6); or
ii: a resident assessed as requiring care (as defined in section 136 of the Social Security Act 1964), and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or 142 of that Act.
Electoral (Disqualification of Sentenced Prisoners) Amendment Act  2010

1: Title
This Act is the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electoral Act 1993 2010-12-16 Electoral Act 1993
4: Disqualifications for registration
Section 80(1)
d: a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010: .
5: Detention in prison pursuant to conviction
1: The heading to section 81 conviction sentence of imprisonment
2: Section 81(1)(b) ; and
3: Section 81(1)(c)
4: Section 81
3: In subsection (1), prison manager
6: Existing status under section 80(1)(d) of principal Act not affected
To avoid doubt,—
a: a person who is disqualified for registration as an elector by section 80(1)(d)
b: a person who is not disqualified for registration as an elector by section 80(1)(d)
c: section 4 section 17
Taxation (Definitions of Dependent Child) Act 2010

1: Title
This Act is the Taxation (Definitions of Dependent Child) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2010-08-24 Income Tax Act 1976 Income Tax Act 1994 Income Tax Act 2004 Income Tax Act 2007
3: Purpose
The purpose of this Act dependent child Income Tax Act 1976 Income Tax Act 1994 Income Tax Act 2004 Income Tax Act 2007 Amendment to Income Tax Act 1976
4: Interpretation
1: In section 374A, in the definition of dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) Amendment to Income Tax Act 1994
5: Definitions
1: In section OB 1, in the definition of dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) Amendment to Income Tax Act 2004
6: Definitions
1: In section OB 1 dependent child
da: despite paragraph (d), who is a child or a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989)—
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person; and .
2: Subsection (1) subpart KD Amendment to Income Tax Act 2007
7: Definitions
1: In section YA 1 dependent child dependent child
a: means a child—
i: whose care is primarily the responsibility of the person; and
ii: who is maintained as a member of that person's family; and
iii: who is financially dependent on that person:
b: does not include a child in relation to whom—
i: a payment is made under section 363 of the Children, Young Persons, and Their Families Act 1989:
ii: a benefit is being paid under section 28 or 29 of the Social Security Act 1964:
c: despite paragraph (b)(i)
i: of whom the person is a parent within the meaning of that Act; and
ii: to whom section 361 of that Act applies; and
iii: who, under section 362 of that Act, is placed in the charge of the person .
2: Subsection (1)
Copyright Amendment Act 2010

1: Title
This Act is the Copyright Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Copyright Act 1994 2010-07-07 Copyright Act 1994
4: Interpretation
Paragraph (c) of the definition of prescribed library section 50(1) or provided and maintained by the New Zealand Law Society Lawyers and Conveyancers Act 2006
Conservation Amendment Act 2010

1: Title
This Act is the Conservation Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Conservation Act 1987 2010-04-20 Conservation Act 1987
4: Applications for leases, licences, etc
Section 17R
2: However, a person must not apply to the Minister for a concession if—
a: the Minister has exercised a power under section 17ZG(2)(a) to initiate a process that relates to such an application for a concession; and
b: the application would be inconsistent with the process.
5: Process for complete application
1: Section 17T
1A: However, the Minister must not consider an application made in breach of section 17R(2)
2: Section 17T(4) and (5)
4: Before granting a lease, or a licence with a term (including all renewals) exceeding 10 years, in respect of a conservation area, the Minister must give public notice of the intention to do so.
5: Before granting a licence with a term (including all renewals) not exceeding 10 years, or a permit or easement, in respect of a conservation area, the Minister may give public notice of the intention to do so if, having regard to the effects of the licence, permit, or easement, he or she considers it appropriate to give the notice.
6: Subsections (4) and (5) do not apply to the grant of a lease or licence resulting from the exercise of a right of renewal, or a right to a new lease or licence, that is contained in a lease or licence.
7: Section 49 applies to a public notice given under subsection (4) or (5)
6: Term of concession
Section 17Z(2) 5 10
7: Transitional provision for application for licence with term not exceeding 10 years or permit
1: This section applies to an application made under Part 3B this Act
a: a licence with a term (including all renewals) not exceeding 10 years; or
b: a permit.
2: The application must be dealt with—
a: as if this Act this Act
b: in accordance with the principal Act as amended by this Act
8: Transitional provision for application for concession if process initiated
1: This section applies if, before the commencement of this Act section 17ZG(2)(a)
2: The principal Act, as amended by this Act this Act
Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010

1: Title
This Act is the Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. OIC SR 2010/422) 2011-01-01 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 Section 2 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 1 January 2011 Tariff (New Zealand–Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 Commencement Order 2010
3: Principal document amended
This Act, in accordance with section 9F(1)
4: Note 3 amended
Note 3 is amended by inserting the following item in its appropriate alphabetical order of preferential abbreviation: Hong Kong, China HK
Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010

1: Title
This Act is the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
3: Repeal of Affordable Housing: Enabling Territorial Authorities Act 2008
The Affordable Housing: Enabling Territorial Authorities Act 2008 2010-08-06 Affordable Housing: Enabling Territorial Authorities Act 2008
4: Amendment to Building Act 2004
1: This section amends the Building Act 2004
2: Section 49(2)
a: omitting ; and
b: repealing paragraph (c). 2010-08-06 Building Act 2004
5: Amendments to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: Section 5
3: Section 11B 2010-08-06 Goods and Services Tax Act 1985
6: Amendment to Housing Corporation Act 1974
1: This section amends the Housing Corporation Act 1974
2: Section 3B
a: omitting ; and
b: repealing paragraph (c). 2010-08-06 Housing Corporation Act 1974
7: Amendment to Local Government Act 2002
1: This section amends the Local Government Act 2002
2: Schedule 10 2010-08-06 Local Government Act 2002 Amendment to Property Law Act 2007
8: Amendment to Property Law Act 2007
1: This section amends the Property Law Act 2007
2: The following section is inserted after section 277
277A: Certain covenants void
1: A covenant concerning land is void if a principal purpose of the covenant is to stop the land being used for housing for—
a: people on low incomes; or
b: people with special housing needs; or
c: people whose disabilities mean that they need support or supervision in their housing.
2: Without limiting the covenants that are void under subsection (1)
a: a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, any other central or local government body, or a private body that may facilitate the occupation of housing on the land by people selected by the corporation or the body:
b: a covenant that the transferee will not directly or indirectly convey the land to Housing New Zealand Corporation, a subsidiary company of Housing New Zealand Corporation, any other central or local government body, or a private body that provides housing to tenants on a subsidised basis:
c: a covenant that the transferee will not directly or indirectly convey the land to a central or local government body or a private body for the purposes of public or institutional housing.
3: This section applies only to covenants entered into on or after the day on which this section comes into force. 2008 No 67 ss 30, 34 . 2010-08-06 Property Law Act 2007
Conservation Amendment Act (No 2) 2010

1: Title
This Act is the Conservation Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Conservation Act 1987 2010-07-07 Conservation Act 1987
4: Meetings of Fish and Game Councils
Section 26ZD(7)
5: Using hazardous substances to catch or destroy fish
Section 26ZR
2: Subsection (1) does not apply to actions taken by—
a: a warranted officer or a fish and game ranger; or
b: any person authorised in writing for the purpose by the Director-General, the Director, or the appropriate Fish and Game Council.
6: Section 26ZZQ substituted
Section 26ZZQ
26ZZQ: Dogs causing serious injury to protected wildlife
1: A person commits an offence if the person is the owner, or a person in charge, of a dog that attacks protected wildlife in a controlled dog area or an open dog area and causes—
a: the death of protected wildlife; or
b: injury to protected wildlife so that it becomes necessary to destroy the wildlife to end its suffering.
2: The person is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000, or both.
3: The court must, on convicting the person, make an order for the destruction of the dog unless satisfied that the circumstances of the attack were exceptional and do not justify destruction.
7: Schedule 1 amended
Schedule 1 Fisheries Act 1983: Part 5
Agricultural Compounds and Veterinary Medicines Amendment Act 2010

1: Title
This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Agricultural Compounds and Veterinary Medicines Act 1997 2010-07-07 Agricultural Compounds and Veterinary Medicines Act 1997
4: Waiver of notification
Section 15(3)(b)(i) this that
5: Reassessment of trade name products
1: Section 29(1)(a) or group of trade name products product
2: Section 29(2) , and those sections apply with any necessary modifications
6: Director-General may prohibit or restrict product
1: The heading to section 31 or group of products
2: Section 31 or group of trade name products product
7: Form and content of certificate of compliance
Section 35B(3) faint form
Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010

1: Title
This Act is the Dairy Industry Restructuring (Raw Milk Pricing Methods) Act 2010.
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Dairy Industry Restructuring Act 2001 2010-04-09 Dairy Industry Restructuring Act 2001
4: Obligations concerning milk
1: Section 115(1)(a) and (b)
a: require new co-op to supply in New Zealand 1 or more of the following goods or services:
i: components of milk:
ii: products derived from milk:
iii: transporting, processing, and packaging milk, components of milk, and products derived from milk; and
b: do 1 or more of the following for 1 or more of the goods or services specified in paragraph (a)
i: specify a price or prices for it or them:
ii: specify a method or methods for determining a price or prices for it or them:
iii: specify the terms of supply for it or them; and
ba: require new co-op to supply raw milk in New Zealand; and
bb: do 1 or more of the following for some or all of the raw milk:
i: specify a price or prices for it:
ii: specify a method or methods, which may include an auction or auctions or any other method at all, for determining a price or prices for it:
iii: specify a method or methods, which may include an auction or auctions or any other method at all, for allocating it:
iv: specify the terms of supply for it; and
bc: do some or all of the following for auctions of raw milk:
i: specify what is auctioned:
ii: specify how the auctions are held:
iii: specify a date and time or a range of dates and times on which the auctions must be held:
iv: specify who are eligible bidders at the auctions:
v: allow the Minister to set a reserve or reserves for the auctions by referring to material not set out in the regulations or by any other means:
vi: require the chief executive to hold the auctions or allow the chief executive to arrange for another person to hold the auctions on the chief executive's behalf:
vii: require the chief executive to maintain a system or systems for holding the auctions or allow the chief executive to arrange for another person to maintain a system or systems for holding the auctions on the chief executive's behalf:
viii: provide for the maintenance of the system or systems for holding the auctions:
ix: allow the chief executive to require new co-op to reimburse the chief executive for the annual operating costs of the auctions:
x: allow some or all of the details about matters referred to in subparagraphs (i) to (ix) Gazette .
2: Section 115(1)(c) subject to subsection (2), limit the amount of goods or services limit, subject to subsection (2), the amount of goods or services described in paragraph (a) or (ba)
3: Section 115(1)(d) or (ba) paragraph (a)
5: New section 119A inserted
The following section is inserted after section 119
119A: Incorporation by reference
Regulations made under this Act may incorporate material by reference under Schedule 5E
6: New Schedule 5E inserted
The Schedule 5E set out in the Schedule Schedule 5D
Health and Safety in Employment Amendment Act 2010

1: Title
This Act is the Health and Safety in Employment Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Health and Safety in Employment Act 1992 2010-12-21 Health and Safety in Employment Act 1992
4: Interpretation
Section 2(1) limited child care centre
a: in close proximity to the children and are able to be contacted; and
b: able to resume responsibility for children at short notice limited child care service provider .
5: Purpose
The purpose of this Act is to ensure that only suitable people are employed to supervise children in limited child care centres.
6: New heading and sections 13A to 13E inserted
The following new heading and sections are inserted after section 13 Duties of employers in relation to Police vetting of employees at limited child care centres
13A: Limited child care centre employees must be suitable
A limited child care service provider must take all practicable steps to ensure every employee employed to care for children in a limited child care centre is suitable for that role.
13B: Police vetting of employees at limited child care centres
The service provider of a limited child care centre must obtain a Police vet of every person—
a: whom the service provider employs, or intends to employ, in a position at the limited child care centre; and
b: who is to work at the service during normal opening hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
13C: Police vetting of contractors and their employees who work at limited child care centres
1: The service provider of a limited child care centre must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
2: In this section, contractor means a person who, under contract (other than an employment contract), works at a limited child care centre.
13D: Police vet must be obtained before person has unsupervised access to children
1: A Police vet required under section 13B or 13C must be obtained before the person has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
2: The service provider of a limited child care centre that is required under section 13B or 13C to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the centre.
13E: Procedures relating to Police vets under section 13B or 13C
The service provider of a limited child care centre that applies for a Police vet of a person under section 13B or 13C—
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
War Pensions Amendment 

1: Title
This Act is the War Pensions Amendment Act 2010.
2: Commencement
This Act comes into force on 20 May 2010.
3: Annual adjustment of rates of veterans’ pensions
Section 74C
2A: The adjustments (by any percentage movements upwards in the CPI) required under subsection (2) as at 1 April 2011, 1 April 2012, and 1 April 2013 must, despite subsections (1) and (2), be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand. 2010-05-20 War Pensions Act 1954
Court Martial Appeals Amendment Act 2010

1: Title
This Act is the Court Martial Appeals Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Court Martial Appeals Act 1953 2010-07-07 Court Martial Appeals Act 1953
4: Appeal against decision of Court Martial relating to bail
Section 6
4: On an appeal under this section, the court may—
a: confirm the decision; or
b: vary the decision; or
c: set the decision aside.
5: If subsection (4)(c)
a: could have been made in the first place; and
b: the court thinks appropriate.
5: Appeal by accused against finding relating to fitness to stand trial
Section 9EA(7) section 101E(c) section 101F(c)
Marriage Amendment Act 2010

1: Title
This Act is the Marriage Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Marriage Act 1955 2010-07-07 Marriage Act 1955
4: New section 11 substituted
Section 11
11: Other persons may be marriage celebrants
1: Any person may apply to the Registrar-General to have his or her name entered on the list.
2: The application must—
a: be made in a form approved for the purpose by the Registrar-General; and
b: contain, or be accompanied by, such information as the Registrar-General requires; and
c: be accompanied by the prescribed fee (if any).
3: The Registrar-General may approve an application made under subsection (1)
a: the applicant is—
i: a Justice of the Peace; or
ii: a person who is otherwise of good character; and
b: the applicant will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 1995; and
c: it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be a marriage celebrant.
Crown Entities Amendment ActÂ 2010

1: Title
This Act is the Crown Entities Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crown Entities Act 2004 2010-07-07 Crown Entities Act 2004
4: Method of appointment of members
1: Section 28(3) ; and
2: Section 28
4: The responsible Minister must ensure that the following are notified in the Gazette
a: the name of the appointee and the statutory entity; and
b: the date on which the appointment takes effect; and
c: the term of the appointment.
Immigration Advisers Licensing Amendment Act 2010

1: Title
This Act is the Immigration Advisers Licensing Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Immigration Advisers Licensing Act 2007 2010-07-07 Immigration Advisers Licensing Act 2007
4: What constitutes immigration advice
Section 7
2: To avoid doubt, a person is not considered to be providing immigration advice within the meaning of this Act if the person provides the advice in the course of acting under or pursuant toâ€”
a: the Ombudsmen Act 1975; or
b: any other enactment by which functions are conferred on Ombudsmen holding office under that Act.
5: Upgrade of licence
Section 23
4: If an application for an upgrade of a licence has been made but not determined before the date on which the licence would otherwise expire, the licence continues in force until the application is determined.
5: The grant of an upgrade of a licence takes effect from the date of expiry of the previous licence (as determined before the application of subsection (4)
Insolvency Amendment Act 2010

1: Title
This Act is the Insolvency Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Insolvency Act 2006 2010-07-07 Insolvency Act 2006
4: Meaning of execution process
Section 35 execution process
d: having an interim charging order made final under rule 17.59 of the High Court Rules: .
Telecommunications Amendment Act 2010

1: Title
This Act is the Telecommunications Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Telecommunications Act 2001 2010-07-07 Telecommunications Act 2001
4: Matters to be included in final TSO cost calculation determination
Section 93E(e) paragraph (c) paragraph (d)
5: Payment by liable persons to TSO provider
Section 94(1) section 92(f) and (g) section 93E(d) and (e)
Reserves Amendment Act 2010

1: Title
This Act is the Reserves Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Reserves Act 1977 2010-04-20 Reserves Act 1977
4: Licences to occupy reserves temporarily
Section 74(4) 5 10
5: Transitional provision for application for licence
1: This section applies to an application made before the commencement of this Act for a licence under section 74
2: The application must be dealt with—
a: as if this Act had not been enacted if, before the commencement of this Act, public notice of the proposed licence was given under section 74(3)
b: in accordance with the principal Act as amended by this Act in all other cases.
Corrections Amendment Act 2011

1: Title
This Act is the Corrections Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Corrections Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Corrections Act 2004 OIC SR 2013/159 2013-07-01 Corrections Act 2004 This Act comes into force on 1 July 2013 by SR 2013/159
4: New section 34A inserted
The following section is inserted after section 34
34A: Detention of child or young person serving sentence of imprisonment
1: Notwithstanding anything in this Act,—
a: any young person who is serving a sentence of imprisonment may be detained under that sentence in any residence approved by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and their Families Act 1989 and the chief executive; and
b: any child who is serving a sentence of imprisonment must be detained under that sentence in such a residence.
2: The provisions of this Act and of the Parole Act 2002, and regulations made under those Acts, continue to apply, with any necessary modifications, to a child or young person who is detained for the time being in a residence in accordance with subsection (1).
3: For the purposes of this section, the terms child young person residence 1985 No 120 s 142A .
5: New section 190A inserted
The following section is inserted after section 190
190A: Minister may approve subsidies for voluntary groups
1: The Minister may from time to time, with the concurrence of the Minister of Finance, approve the payment, out of money appropriated by Parliament for the purpose, of contributions towards the expenses of—
a: any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme involved with the care of persons detained in or released from prisons or subject to community-based sentences:
b: any organisation, whether formed before or after the commencement of this Act, that has as its object or one of its objects the assistance of persons detained in or released from prisons or subject to community-based sentences.
2: In approving any contribution, the Minister may impose any conditions that the Minister thinks fit with respect to its expenditure and accounting for that expenditure. 1985 No 120 s 147 .
6: Further amendments to principal Act
The principal Act is amended as set out in the Schedule
Hazardous Substances and New Organisms Amendment Act 2011

1: Title
This Act is the Hazardous Substances and New Organisms Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force 1 July 2011 Hazardous Substances and New Organisms Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Hazardous Substances and New Organisms Act 1996 OIC SR 2011/194 2011-07-01 Hazardous Substances and New Organisms Act 1996 Any provision may be brought into force on a date appointed by the Governor-General by Order in Council and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.
4: Interpretation
The definition of Authority section 2 Authority EPA section 7 of the Environmental Protection Authority Act 2011 .
5: Powers, functions, and duties of Authority
Section 11(1)(g) or any other enactment
6: Part 4 heading substituted
The Part 4
4: Administrative provisions
.
7: Sections 14, 15, 16, and 18 repealed
Sections 14 15 16 18
8: New sections 18 to 18C inserted
The following sections are inserted after section 17
18: EPA may appoint committees
1: A committee must include at least 1 member of the EPA.
2: A person must not be appointed as a member of a committee unless the Minister has approved the appointment.
3: Clause 14 of Schedule 5 of the Crown Entities Act 2004 applies to the EPA subject to subsection (2).
18A: Committee may appoint and delegate functions to subcommittee
1: A committee appointed by the EPA under clause 14 of Schedule 5 of the Crown Entities Act 2004 may appoint a subcommittee to hear and decide an application to which section 19(2)(b) applies.
2: For the purpose of subsection (1), the committee may delegate a power delegated to the committee under section 19(2)(b) to the subcommittee.
3: A subcommittee is a committee for the purposes of clause 15 of Schedule 5 of the Crown Entities Act 2004.
18B: Composition of subcommittee
1: The majority of members of a subcommittee appointed under section 18A
2: The subcommittee need not include a member of the EPA.
18C: Qualification for appointment to committee or subcommittee
A committee or subcommittee appointed for the purpose of section 19(2)(b) must consist of persons who collectively have particular knowledge of, and expertise in, the subject matter of the application before the committee.
9: Delegation by Authority
1: Section 19(2)(b) Schedule 1 the Crown Entities Act 2004
2: Section 19(7) Authority Authority's functions, powers, or duties under this Act
10: Part 4A repealed
Part 4A
11: Schedule 1 repealed
Schedule 1
12: Minor amendments
The Act is amended in the manner set out in the Schedule
Policing (Storage of Youth Identifying Particulars) Amendment Act 2011

1: Title
This Act is the Policing (Storage of Youth Identifying Particulars) Amendment Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Policing Act 2008 2011-08-30 Policing Act 2008
1: Purpose and application of this Act
4: Purpose of this Act
The purpose of this Act is to amend the principal Act
5: Application of this Act
The sections 34 section 6 section 130(2)
2: Amendment to principal Act
6: New sections 34 and 34A substituted
Section 34
34: Storage, etc, on Police information recording system of identifying particulars
1: The identifying particulars of a person that are obtained under section 32 or 33 may be entered, recorded, and stored on a Police information recording system.
2: But photographs or visual images of a person, and impressions of a person's fingerprints, palm-prints, or footprints, that are obtained under section 32 or 33 must be destroyed as soon as practicable after—
a: a decision is made not to commence criminal prosecution proceedings against the person in respect of the offence for which the particulars were taken; or
b: criminal prosecution proceedings that are commenced against the person in respect of the offence for which the particulars were taken are completed with an outcome (for example, an acquittal) that is not an outcome (specified in section 34A
3: In this section and section 34A criminal prosecution proceedings
a: commenced against the person in respect of that offence or offences including that offence under the Crimes Act 1961, or under the Summary Proceedings Act 1957 (alone or, if the person is a child or a young person as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989, in conjunction with that Act); and
b: some or all of which (for example, any committal process proceedings) are heard or determined, at first instance, in a District Court, the High Court, a Youth Court, or a combination of those courts the offence for which the particulars were taken 1958 No 109 s 57(3)
34A: Outcomes authorising continued storage of certain particulars
The outcomes mentioned in section 34(2)(b)
a: the person admits to, and completes a programme of diversion (being a programme conducted by the Police) for, the offence for which the particulars were taken:
b: the person is convicted of the offence for which the particulars were taken (for example, by virtue of a District Court or the High Court entering a conviction, or a Youth Court entering a conviction and making an order under section 283(o) of the Children, Young Persons, and Their Families Act 1989):
c: the Youth Court makes an order under any of paragraphs (a) to (n) of section 283 of the Children, Young Persons, and Their Families Act 1989 in respect of the person and the offence for which the particulars were taken:
d: the person is discharged under section 106 of the Sentencing Act 2002 in respect of the offence for which the particulars were taken.
Privacy Amendment Act 2011

1: Title
This Act is the Privacy Amendment Act 2011.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2: brought into force 13 February 2012 Privacy Amendment Act 2011 Commencement Order 2011 Section 2 brought into force 1 November 2013 Privacy Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Privacy Act 1993 OIC SR 2011/391 2012-02-13 Privacy Act 1993 Sections 3 and 4 of the Privacy Amendment Act 2011 come into force on 13 February 2012. OIC SR 2013/416 2013-11-01 Privacy Act 1993 section 5 and the Schedule (The rest of this Act)
4: Notice of adverse action proposed
1: Section 103(5) fine fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43
d: a fine to which section 28I
e: any amount payable under section 138A(1) of the Sentencing Act 2002
2: Section 103(5) reparation
3: Section 103(5 amount of reparation section 79
5: Schedule 5 amended
Schedule 5 Schedule
Criminal Proceeds (Recovery) Amendment Act 2011

1: Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) brought into force 1 August 2012 Criminal Proceeds (Recovery) Amendment Act 2011 Commencement Order 2012 (SR 2012/128)
3: Principal Act amended
This Act amends the Criminal Proceeds (Recovery) Act 2009 OIC SR 2012/128 2012-08-01 Criminal Proceeds (Recovery) Act 2009 s 2(1) & 2—The Criminal Proceeds (Recovery) Amendment Act 2011 comes into force on 1 August 2012.
4: Discharge of assets forfeiture order by Official Assignee
Section 82(1)
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .
5: Discharge of profit forfeiture order by Official 	Assignee
Section 83(1)
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .
6: Discharge of instrument forfeiture order by Official Assignee
Section 85
c: thirdly, by paying, in the order of priority set out in section 86E
i: any amount of reparation (as defined in section 79
ii: any offender levy (as defined in section 79
iii: any other type of fine (as defined in section 79 .
Video Camera Surveillance (Temporary Measures) Act 2011

1: Title
This Act is the Video Camera Surveillance (Temporary Measures) Act 2011.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes of this Act
The purposes of this Act are—
a: to leave unaffected, as far as the parties in the proceedings entitled R v Hamed & Others Hamed & Others v R
b: to provide a temporary period that will enable Parliament to address in a comprehensive way the matters raised in the decision regarding the lawful and appropriate use of video camera surveillance as part of law enforcement; and
c: to uphold, during the temporary period referred to in paragraph (b), the deployment of video camera surveillance only to the extent that it was considered to be not unlawful in decisions prior to the decision in Hamed
d: to ensure that the right to be secure against unreasonable search and seizure set out in section 21
4: Interpretation
In this Act, unless the context otherwise requires,— covert video camera surveillance decision Hamed & Others v R search section 3(b)
a: that is, or is in connection with, a search in respect of which a search warrant has been issued; or
b: that is a search where surveillance is conducted from outside the boundaries of the land or place under observation specified person Crimes Act 1961 Arms Act 1983 use
2: Temporary measures, past court decisions undisturbed, and savings
Temporary measures
5: Temporary continuation of lawfulness of certain uses of video camera surveillance
1: This section applies to the use of covert video camera surveillance as part of, or in connection with, a search, if that use occurs on or after the commencement of this Act but before the close of the day that is 6 months after the date on which this Act comes into force.
2: The use of covert video camera surveillance as part of, or in connection with, a search does not of itself render the search unlawful.
3: This section is subject to sections 6 7 Past court decisions undisturbed
6: Past court decisions undisturbed
1: Despite section 5(1)
2: This section is subject to section 7 Savings
7: Savings
Nothing in this Act affects the decision as it relates to any specified person.