Statutes Amendment Bill

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Statutes Amendment Bill

Government Bill

71—1

Explanatory note

General policy statement

This Statutes Amendment Bill consists entirely of amendments to Acts and is therefore an omnibus Bill that may be introduced by virtue of Standing Order 262(1)(f). It is intended that the Bill will be divided into separate Bills at the committee of the whole House stage.

Minister of Finance’s statement on consultation process followed in formulation of amendment to New Zealand Superannuation and Retirement Income Act 2001 included in Statutes Amendment Bill

Section 73 of the New Zealand Superannuation and Retirement Income Act 2001 (the Act) requires the Minister of Finance, on the introduction into the House of Representatives of a Government Bill that proposes an amendment to the Act, to bring to the attention of the House the consultation process that was followed in the formulation of the proposed amendment.

In preparing the Statutes Amendment Bill, the Associate Minister of Justice undertook cross-party consultation with all parties in Parliament. Therefore, all parties named in Schedule 4 have been consulted on this amendment except the Progressive Coalition Party which is defunct and is the subject of the amendment. There were no objections to this amendment during cross-party consultation.

The Guardians of New Zealand Superannuation have not been consulted as the Bill does not propose amending Part 2 of the Act.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. Delayed commencement is required for clauses 75(4) and 78 so that regulations can be made to implement certain changes relating to enduring powers of attorney and so that those changes can be publicised to the legal profession and trustee corporations before the sections come into force. The regulations will—

  • make changes to the prescribed form for a certificate by a witness to a donor’s signature:

  • prescribe information required to be included in a medical certificate of a donor’s mental incapacity.

The rest of the Act will come into force on the day after the date on which the Act receives the Royal assent.

Part 1Accident Compensation Act 2001

Clause 3 provides that Part 1 amends the Accident Compensation Act 2001.

Clause 4 amends section 139, which imposes duties on the Accident Compensation Corporation to ensure the independence of persons who conduct reviews under Part 5. The amendments expand the range of persons whom the Corporation must not engage as a reviewer to include any employee of the Corporation and any person employed or engaged by a subsidiary of the Corporation.

Part 2Bail Act 2000

Clause 5 provides that Part 2 amends the Bail Act 2000.

Clauses 6 to 9 make technical amendments to clarify that sections 14, 53, 54, and 55 apply to appellants appealing their conviction or sentence, or both, who are in custody or in a home detention residence subject to a sentence of home detention.

Part 3Charities Act 2005

Clause 10 provides that Part 3 amends the Charities Act 2005.

Clause 11 amends section 16(2)(c) so that a person cannot be an officer of a charitable entity if he or she has been convicted of an offence under section 143B of the Tax Administration Act 1994. Section 143B of the Tax Administration Act 1994 is concerned with tax evasion offences. Such offences are similar to the other disqualifying offences specified in section 16(2)(c).

Clause 12 amends section 18 so that an application for registration as a charitable entity will be treated as withdrawn if an applicant fails to respond within the requisite time frame to a request for further information or documentation or to a notice from the chief executive of any matter that might result in the application being declined. This amendment will reduce the administrative burden for the chief executive of processing applications where there has been no response within the requisite time frame and will ensure that the Board only needs to make decisions about complete applications.

Clause 13 amends section 61(1)(a) to reflect the appeal right given in section 59. Section 59 relates only to decisions of the Board, and not to decisions of the chief executive.

Part 4Children, Young Persons, and Their Families Act 1989

Clause 14 provides that Part 4 amends the Children, Young Persons, and Their Families Act 1989.

Clause 15 amends section 113B(2)(a) to correct a cross-reference.

Clause 16 amends section 140(3) because of the amendments to section 145 made by clause 17.

Clause 17 amends section 145 to clarify that if a family group conference has been convened or reconvened in respect of a child or young person, a separate family group conference need not be convened or reconvened to consider a proposal concerning that child or young person to—

  • enter into an extended care agreement; or

  • extend an extended care agreement; or

  • terminate an extended care agreement other than in the manner specified in the agreement.

Part 5Commodity Levies Act 1990

Clause 18 provides that Part 5 amends the Commodity Levies Act 1990.

Clause 20 replaces section 13. The main change from the previous version of the section is to deem a levy order to be revoked 6 years after it commences, rather than 6 years after it is made.

The remainder of Part 5 relates to transitional arrangements. Clause 21 inserts new Schedule 1AA set out in Schedule 1 of this Bill. New Schedule 1AA contains a transitional provision that applies to levy orders made before new section 13 comes into force. Clause 19 inserts new section 2A, which provides that the provisions set out in new Schedule 1AA have effect according to their terms.

Part 6Community Trusts Act 1999

Clause 22 provides that Part 6 amends the Community Trusts Act 1999.

Clause 23 amends section 11(2) to make the obligation of community trusts to remain established in their area or region subject to any adjustment in accordance with new section 16A.

Clause 24 inserts new section 16A to allow adjoining community trusts to adjust their adjoining boundaries by mutual agreement and with the consent of the Minister. New section 16A also provides for the transfer of assets between the adjoining community trusts to reflect the adjustment.

Part 7Conservation Act 1987

Clause 25 provides that Part 7 amends the Conservation Act 1987.

Clause 26 amends section 38(4) to clarify that, unless it is done in accordance with a permit, it is an offence to take a trap into, or use a trap in, a conservation area—

  • for the purpose of molesting, pursuing, capturing, killing, poisoning, tranquillising, trapping, or immobilising an animal; or

  • for the purpose of taking an animal product.

Part 8Corrections Act 2004

Clause 27 provides that Part 8 amends the Corrections Act 2004.

Clause 28 amends 2 definitions in section 3(1). The definition of authorised property is amended to align with the rule-making powers in section 45A to which it refers, so that both the definition of authorised property and the rule-making powers in section 45A refer not only to property that may be issued to prisoners, but also to property that prisoners may be allowed to keep. The definition of person under control or supervision is amended to remove the obsolete reference to “a person who is serving a sentence of imprisonment on home detention”, as this form of home detention is no longer possible under the Sentencing Act 2002.

Clauses 29 to 33 amend sections 8(1)(c), 25(1)(a), 34(1), and 47 and the cross-heading above section 24. These amendments remove obsolete references to sentences of imprisonment served on home detention and to persons serving such sentences. As a result of amendments to the Sentencing Act 2002 by the Sentencing Amendment Act 2007, and the completion of all relevant sentences of home detention on which prisoners were released or to which sentences of imprisonment were reduced before the commencement of those amendments, there is no longer any possibility of an offender being subject to imprisonment served on home detention or being released on home detention.

Clause 34 amends section 103. Subsection (2) is replaced with a new subsection that refers generally to statutory search powers that a constable is, in the circumstances of the provision, entitled to exercise, rather than referring to specific search powers under particular provisions of other enactments.

Clauses 35 to 37 amend sections 156(2), 182A(3)(a), and 182B(1) respectively. Those amendments remove references to serving sentences of imprisonment on home detention, for the reasons set out in the analysis of clauses 29 to 33 above. In addition, clause 37 amends section 182B(1) to correct a grammatical error.

Part 9Crown Entities Act 2004

Clause 38 provides that Part 9 amends the Crown Entities Act 2004.

Clause 39 amends section 107(2A) to clarify that the Minister of State Services and the Minister of Finance may give a direction under section 107 to individual companies listed in Schedule 4A of the Public Finance Act 1989 that are part of a group under section 107(2)(c). The amendment clarifies that the Ministers do not need to issue the direction to every company in the list.

Clause 40 replaces section 110 to clarify that a ministerial direction given under section 107 may specify a date for giving effect to the direction that is later than the date on which the direction comes into force under section 109. It also clarifies that a new Crown entity within a category or type of Crown entities must give effect to any existing directions that apply to that category or type on the date on which the new Crown entity is established or any later date that applies to the other Crown entities in the category or type.

Clause 41 amends section 139B(4)(c) to correct a typographical error by replacing the word exemption with the word extension (as used in the heading to section 139B and elsewhere in the section).

Clause 42 amends section 149L(3) to clarify that any other Minister, not just a Crown entity’s responsible Minister, may present a Crown entity’s statement of performance expectations to the House of Representatives (consistent with corresponding provisions in the Public Finance Act 1989 that allow any responsible Minister to present information to the House (see sections 39(6) and 44(3) of that Act).

Part 10Fisheries Act 1996

Clause 43 provides that Part 10 amends the Fisheries Act 1996.

Clause 45 amends section 186A(5) to provide that a notice made under that section may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that period. Section 186A currently provides that a notice made under that section may not be in force beyond 2 years after the date on which the notice is notified in the Gazette (which is usually an earlier date than the date on which the notice comes into force). Clause 46 makes the same amendment to section 186B(4).

Clause 47 amends section 197(3)(a) to allow the chief executive to determine the rate of an honorarium paid to an honorary fishery officer.

Clause 48 inserts new Schedule 1AA, which is set out in Schedule 2 of this Bill. New Schedule 1AA contains a transitional provision that applies to notices made under section 186A or 186B before the amendments in clauses 45 and 46 come into force. Clause 44 inserts new section 6A, which provides that the provisions set out in new Schedule 1AA have effect according to their terms.

Part 11Government Roading Powers Act 1989

Clause 49 provides that Part 11 amends the Government Roading Powers Act 1989.

Clause 50 amends section 48(2), which empowers the Minister to make bylaws relating to roads. The subject matter of these bylaws is set out in another enactment, and the amendment corrects the reference to this other enactment. The relevant paragraphs of section 684(1) of the Local Government Act 1974 (the provision currently referred to) have been repealed and, in effect, replaced by section 22AB(1) of the Land Transport Act 1998.

Clause 51 makes an identical amendment to section 61(3), which empowers the New Zealand Transport Agency to make bylaws relating to roads.

Part 12Harassment Act 1997

Clause 52 provides that Part 12 amends the Harassment Act 1997.

Clause 53 replaces 2 references in section 42 to the now-revoked District Courts Rules 2009 with references to the District Courts Rules 2014, which replaced them.

Part 13Health Practitioners Competence Assurance Act 2003

Clause 54 provides that Part 13 amends the Health Practitioners Competence Assurance Act 2003.

Clause 55 replaces section 54(4), which relates to notices that declare quality assurance activities to be protected. Section 54(4) provides that a notice remains in force for a period of 5 years after the date on which it is issued (the date of issue being earlier than the date on which the notice comes into force). The amendment removes the reference to the date of issue and provides that a notice remains in force for a full period of 5 years. The amendment also clarifies that a notice is revoked when that 5-year period expires.

Part 14Land Transport Act 1998

Clause 56 provides that Part 14 amends the Land Transport Act 1998.

Clause 57 amends section 30ZH(1)(a) and (b) by reducing the period of time for which a driver who is subject to the work time limits imposed by Part 4B must maintain a logbook. The period of time is reduced from 36 months to 12 months.

Clause 58 makes 2 amendments to section 98(1), which provides for the release of vehicles that have been impounded. In the 2 relevant locations, section 98(1) incorrectly refers to “the person in respect of the vehicle”. References to the person registered in respect of the vehicle were incorrectly amended on a previous occasion. The references should be to the owner of the vehicle because, in the case of some impounded vehicles, there is no registered person.

Clause 59 amends section 119 as follows:

  • subclause (1) amends subsection (3)(a)(iii), which provides one of the grounds of suspicion on which an enforcement officer may, without warrant, enter a building or place and seize or impound a vehicle located there. The amendment reduces the scope of this power of entry, seizure, and impoundment by reference to the suspected use of the vehicle. As amended, the suspected use must be in the commission of the narrower category of an “imprisonable offence” rather than a “crime”:

  • subclause (2) amends subsection (5) by replacing an incorrect reference to “the Judge” with a reference to “the issuing officer”. The effect is to ensure that the person (the issuing officer) who may issue a warrant under section 119(3) is the person to whom the application for the warrant was made.

Clause 60 amends section 165(1)(d) by inserting “(as the case may be)” after the reference to the opinion of the Minister or the Agency. This amendment makes clear that the person who may make a rule that incorporates material by reference (the Minister or the Agency) may do so only on the basis of that person’s own opinion about the impracticality of including the material in a rule.

Part 15Land Transport Management Act 2003

Clause 61 provides that Part 15 amends the Land Transport Management Act 2003.

Clause 62 replaces section 52(3A)(a) to allow notice of non-payment of a road toll to be given to the person registered in respect of the relevant vehicle by post to the person’s postal address as well as to the street address of the person’s last known place of residence or business.

Part 16Members of Parliament (Remuneration and Services) Act 2013

Clause 63 provides that Part 16 amends the Members of Parliament (Remuneration and Services) Act 2013.

Clause 64 amends section 23, which requires the Speaker to issue directions setting out certain services and funding available to members of Parliament. Section 23(1)(a) currently requires the Speaker to issue directions that set out the entitlements of members of Parliament and qualifying electoral candidates to travel services. The amendment provides that the directions must also cover the extent (if at all) to which, after a member of Parliament vacates his or her seat, travel services may continue to be provided for the purpose of attending to matters associated with leaving Parliament.

Part 17Misuse of Drugs Act 1975

Clause 65 provides that Part 17 amends the Misuse of Drugs Act 1975.

Clause 66 amends section 23(2)(ca), which provides that the Minister of Health may prohibit a midwife from prescribing controlled drugs or exercising certain other rights only on the recommendation of the Nursing Council of New Zealand. The amendment replaces the reference to the Nursing Council of New Zealand with a reference to the Midwifery Council. The Midwifery Council succeeded the Nursing Council of New Zealand as the authority responsible for midwives when it was established by the Health Practitioners Competence Assurance Act 2003.

Part 18New Zealand Superannuation and Retirement Income Act 2001

Clause 67 provides that Part 18 amends the New Zealand Superannuation and Retirement Income Act 2001.

Clause 68 amends Schedule 4, which lists the political parties represented in Parliament that are in agreement with—

  • Part 1 (which relates to entitlements to New Zealand superannuation):

  • Part 2 (which relates to the New Zealand Superannuation Fund).

References to the Progressive Coalition Party are deleted from the lists in Parts 1 and 2 because the Progressive Coalition Party is no longer a political party represented in Parliament.

Part 19Oaths and Declarations Act 1957

Clause 69 provides that Part 19 amends the Oaths and Declarations Act 1957.

Clause 70 replaces section 22(2)(a) to remove an outdated reference to the Judges of the Arbitration Court.

Clause 71 updates Schedule 2 to replace an item relating to the Judges of the Arbitration Court with an item relating to Employment Court Judges.

Part 20Parliamentary Service Act 2000

Clause 72 provides that Part 20 amends the Parliamentary Service Act 2000.

Clause 73 amends section 14(1)(c), which currently refers to nomination by the Parliamentary Service Commission of members for the political exchange programme. Section 14(1)(c) should refer to the function of the Parliamentary Service Commission of making recommendations about appointments to the review committee. Section 20 deals with the establishment of a review committee and requires the Speaker to take into account any recommendations made by the Commission under section 14(1)(c).

Part 21Protection of Personal and Property Rights Act 1988

Clause 74 provides that Part 21 amends the Protection of Personal and Property Rights Act 1988.

Clause 75 amends section 94A. New subsection (4A) is inserted to add a further exception to the requirement in subsection (4) that a witness to the signature of a donor must be independent of any attorney. If 2 people appoint each other as attorney, the same person may witness the signature of both of them as donor if, having regard to the matters in subsection (7)(a) to (b), the witness is satisfied that witnessing both signatures does not constitute a conflict of interest. Clause 75 also makes a consequential amendment to subsection (7)(c).

Clause 75 also inserts new subsection (6A), which relates to a new regulation-making power in new paragraph (bab) of section 12 (as inserted by clause 81). If regulations made under new paragraph (bab) prescribe a form of standard explanation for any of the matters in subsection (6), which a witness to a donor’s signature must explain to the donor, under new subsection (6A) the witness may give the explanation by—

  • giving a copy of the form to the donor; and

  • following any instructions in the form for giving a verbal explanation; and

  • if the form or the instructions do not cover all of the matters in subsection (6), using other appropriate means to fulfil all of the requirements of that subsection.

Clause 75 also amends subsection (7) to clarify which prescribed form is being referred to in the subsection.

Clause 75 also inserts new paragraph (ab) into subsection (7), adding a new requirement for a certificate by a witness to a donor’s signature. The new requirement is that the witness believes on reasonable grounds that the donor—

  • understands the nature of the instrument; and

  • understands the potential risks and consequences of the instrument; and

  • is not acting under undue pressure or duress.

The new requirement applies only to enduring powers of attorney executed after the commencement of new paragraph (ab).

Clause 76 inserts new section 95A, which says if an enduring power of attorney states that it revokes an earlier enduring power of attorney of the same kind, both powers of attorney continue to have effect until the earlier one is revoked by notice given in the manner set out in new subsection (2) or ceases to have effect by any of the other ways listed in section 106(1). Notice revoking an earlier power of attorney is given when a copy of the later power of attorney is given to the attorney or attorneys appointed under the earlier power and the notice may be given by a person other than the donor, including if the donor becomes mentally incapable.

Clause 77 inserts new paragraphs (c) and (d) into section 99A(1) to widen a consultation requirement to include any attorney appointed by a donor under either the same enduring power of attorney or any other enduring power of attorney. New subsection (8) is also inserted into section 99A to clarify that if the same attorney is required to be consulted under new paragraphs (c) or (d) and subsection (7), the requirements of both subsections (1) and (7) must be met in relation to that attorney.

Clause 78 replaces section 99D(1). The existing requirement relating to certificates of a donor’s mental incapacity issued outside New Zealand is retained. For certificates issued in New Zealand, the requirement for these to be in the prescribed form is replaced with a requirement that certificates must contain prescribed information.

Clause 79 amends section 106 by inserting 4 new paragraphs into subsection (1), which lists different circumstances in which an enduring power of attorney ceases to have effect. Under those new paragraphs, an enduring power of attorney will cease to have effect when—

  • it is revoked by notice given under new section 95A to the attorney or attorneys (new paragraph (ab)):

  • a donor, by notice in writing, revokes the appointment of the attorney while mentally capable of doing so (new paragraph (ba)):

  • in the case where more than 1 attorney is appointed under a power of attorney, with joint but not several authority, the donor, by notice in writing, revokes the appointment of one of the attorneys while mentally capable of doing so (new paragraph (bb)):

  • in the case where more than 1 attorney is appointed under the power of attorney, with several authority or with joint and several authority, the last remaining attorney has his or her appointment revoked under new section 106A(1) or dies or is adjudged bankrupt or becomes incapable of acting in any of the ways specified in the paragraph (new paragraph (ea)).

Clause 79 also makes consequential amendments to section 106(1)(d) and (e), to replace outdated references, and to section 106(2), to include a reference to new paragraph (ba).

Clause 80 inserts new section 106A, which says if an enduring power of attorney appoints more than 1 attorney, with several authority or with joint and several authority, the donor may, by notice in writing, revoke the appointment of 1 or more of the attorneys while mentally capable of doing so. New subsection (2) provides, to avoid doubt, that the revocation of the appointment of 1 or more of the attorneys does not result in the power of attorney ceasing to have effect if there is at least 1 remaining attorney. This contrasts with the position of attorneys with joint but not several authority.

Clause 81 inserts 2 new regulation-making powers into section 112. New paragraph (bab) allows regulations to be made that prescribe a form of standard explanation for a witness to give to a donor. This power corresponds to the provision in new section 94A(6A). New paragraph (bc) allows regulations to be made that prescribe information for certificates for the purpose of any medical examination or assessment under Part 9, including a certificate under new section 99D(1).

Part 22Public Finance Act 1989

Clause 82 provides that Part 22 amends the Public Finance Act 1989.

Clause 83 inserts new subsection (1A) into section 45M to clarify that—

  • the annual financial statements of all of the organisations listed in Schedule 4 must be presented to the House of Representatives, including those of organisations that are not required to prepare an annual report:

  • the time frame within which this must be done is the same for all organisations regardless of whether they are required to prepare an annual report or a statement of performance expectations.

Part 23Sale and Supply of Alcohol Act 2012

Clause 84 provides that Part 23 amends the Sale and Supply of Alcohol Act 2012.

Clause 85 amends section 22 to provide that the holder of an on-site special licence can (on the premises that the special licence is held for, and in the circumstances specified) sell and supply alcohol, rather than sell or supply alcohol.

Clause 86 amends section 102 to replace the pronoun referring to the licence that is the subject of an application with an explicit reference to the licence.

Clauses 87 and 88 amend sections 103(4) and 141(5) respectively. District Licensing Committees must send copies of applications for alcohol licences and applications for special alcohol licences to the Police and relevant Medical Officers of Health. Police and Medical Officers of Health have 15 working days to inquire into the application and file a report that includes any objections to the application. To ensure that the Police and Medical Officers of Health do in fact have 15 working days from the day they receive a copy of the application, these amendments change the reference point for the period after which the licensing committee may assume that, if no report has been received, the Police or Medical Officer of Health does not oppose the application. The reference point for the period is changed from 15 working days after a copy of the application is sent, to 15 working days after a copy of the application is received by the Police or the Medical Officer of Health. The onus will be on the District Licensing Committee to find out when the copy of the application was received.

Clause 89 amends section 360 to reflect the fact that there is now more than 1 community trust (because the Parakai Licensing Trust was reconstituted as a community trust on 12 June 2013).

Clause 90 inserts new section 415A, which validates the status of the Parakai Community Trust from the date of commencement of the relevant provisions of the Act. When Schedule 1 commenced, it erroneously listed the already defunct Parakai Licensing Trust as an existing licensing trust and failed to list the Parakai Community Trust as an existing community trust. New section 415A rectifies this error by providing that the Act must be read as if the amendments to sections 360 and Schedule 1 made by this Bill had come into force on 18 December 2013 (the day on which Schedule 1 and related provisions commenced).

Clause 91 amends Schedule 1 to correct an error. It removes the Parakai Licensing Trust from the list of existing local licensing trusts in Part 2 of Schedule 1 and inserts the Parakai Community Trust in the list of existing community trusts in Part 3 of that schedule, to reflect the fact that this trust was reconstituted as a community trust on 12 June 2013.

Part 24Sentencing Act 2002

Clause 92 provides that Part 24 amends the Sentencing Act 2002.

Clause 93 amends section 30 to replace references to the Legal Services Act 2000 (which is now repealed) with references to the Legal Services Act 2011.

Clause 94 amends section 69I(3A), which applies when an offender or a probation officer applies for a variation of the conditions of a sentence of community detention on the grounds that the offender’s curfew address is no longer available or suitable. Clause 94 amends section 69I(3A) so that it also applies where an offender or probation officer applies for the cancellation or suspension of the offender’s conditions on the ground that his or her curfew address is no longer available or suitable. Section 69I(3A) allows the court to exercise certain powers in respect of the offender if no suitable alternative curfew address is available.

Clause 95 amends section 80F(4A), which applies when an offender or a probation officer applies for a variation of the conditions of a sentence of home detention on the grounds that the offender’s home detention residence is no longer available or suitable. Clause 95 amends section 80F(4A) so that it also applies when the offender or probation officer applies for the remission, suspension, or cancellation of the offender’s conditions on the ground that his or her home detention residence is no longer available or suitable. Section 80F(4A) allows the court to exercise certain powers in respect of the offender if no suitable alternative home detention residence is available.

Clauses 96 and 98 change references to “home detention address” in sections 80FA and 80ZGD(3)(a) to “home detention residence”, which is a defined term used throughout the Act.

Clause 97 amends section 80N(2)(a), which applies when a court sentences an offender to a term of home detention of more than 6 months. The amendment clarifies that the court may vary the period for which any standard post-detention conditions apply to the offender, but the court has no discretion over whether to impose the standard post-detention conditions.

Clause 99 amends section 93(2)(a), which applies when a court sentences an offender to a term of imprisonment of more than 12 months, but not more than 24 months. The amendment clarifies that the court may vary the period for which any standard conditions (as set out in section 14(1) of the Parole Act 2002) apply to the offender, but the court has no discretion over whether to impose the standard conditions.

Clauses 100 to 102 amend sections 123C(1)(a), 123D(1)(a)(ii), and 123G(b) to update references to the Domestic Violence Act 1995. The updated references reflect changes to the Domestic Violence Act 1995 made by the Domestic Violence Amendment Act 2013.

Part 25State Sector Act 1988

Clause 103 provides that Part 25 amends the State Sector Act 1988.

Clause 104 amends the definition of State services in section 2 to correct an omission in paragraph (aba) and ensure grammatical correctness and consistency with the structure of the other paragraphs in the definition. In addition, paragraph (ac) is repealed because it is a duplication. A Crown Research Institute is a Crown entity, and is therefore included in the definition of State services, by virtue of paragraph (ab).

Clause 105 amends section 43(2) to correct a grammatical error by replacing the word “its” with the word “the”, because the functions are now carried out by the Commissioner rather than the Commission.

Part 26Victims’ Orders Against Violent Offenders Act 2014

Clause 106 provides that Part 26 amends the Victims’ Orders Against Violent Offenders Act 2014.

Clause 107 inserts a new cross-heading and new sections 24A to 24C.

New section 24A empowers the court to—

  • forbid the publication of any report of proceedings:

  • forbid the publication of the name or affairs of any person:

  • exclude members of the public from proceedings.

New section 24B enables any person to apply for a renewal or a review of a non-publication order.

New section 24C makes it an offence to breach a non-publication order. The penalty is a fine not exceeding $1,000 in the case of an individual or $5,000 in the case of a body corporate. Breach of an order to leave the courtroom may be dealt with as contempt of court.

Clause 108 revokes rule 44 of the Victims’ Orders Against Violent Offenders Rules 2014, as that rule will be redundant when new section 24A(1)(c) comes into force.

Part 27Vulnerable Children Act 2014

Clause 109 provides that Part 27 amends the Vulnerable Children Act 2014.

Clause 110 replaces section 36(1)(c). New paragraph (c) requires that an application for an exemption under section 35 (permitting a person convicted of a specified offence to be employed or engaged as a core worker) must also state whether the applicant is subject to any conditions imposed under the Sentencing Act 2002. Currently, an applicant need only state whether he or she is subject to conditions imposed under the Parole Act 2002 or the Criminal Justice Act 1985.

Clause 111 is a technical amendment to the list of specified offences in Schedule 2. The amendment clarifies that the statutory reference to the offence of assault on a child is section 194(a) of the Crimes Act 1961.

Part 28Wildlife Act 1953

Clause 112 provides that Part 28 amends the Wildlife Act 1953.

Clauses 113 and 114 replace references to noxious animals and the Noxious Animals Act 1956 with references to wild animals and the Wild Animal Control Act 1977. The references to noxious animals and the Noxious Animals Act 1956 have been obsolete since the Wild Animal Control Act 1977 replaced the Noxious Animals Act 1956. Animals that had been declared to be noxious animals are now defined as, or declared to be, wild animals.