{"id":"BILL-ACT-db-74082","name":"City and Environment Legislation Amendment Bill 2026","slug":"city-and-environment-legislation-amendment-bill-2026","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-03-25","administeringDepartment":null,"currentVersion":{"id":457649,"registerId":"BILL-ACT-db-74082:current","compilationNumber":null,"startDate":"2026-03-25","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:54.630Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# City and Environment Legislation Amendment Bill 2026\n\nJ2025-1409\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for City and Government Services)\nCity and Environment Legislation\nAmendment Bill 2026\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Cemeteries and Crematoria Act 2020\n4 Section 25 3\n5 Section 27 heading 6\n6 Section 27 (2), penalty 6\n\nContents\nPage\ncontents 2 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Sections 59 to 61 6\n8 Section 63A 6\n9 Offences—keeping registers\nSection 64 (1) (b) (iii) and (3) (b) 7\nPart 3 Electoral Act 1992\n10 Timing of redistributions\nSection 37 (1) (a) 8\nPart 4 Heavy Vehicle National Law (ACT) Act 2013\n11 Offences against Heavy Vehicle National Law (ACT)—application of\nCriminal Code\nSection 6 9\n12 Offences for which person charged does not have benefit of mistake of\nfact defence—the Law, s 14\nSection 21 9\nPart 5 Road Transport (Offences) Regulation 2005\n13 Infringement notice penalties—Act, dict, def infringement notice\npenalty, par (a)\nSection 6 (2) 10\nPart 6 Road Transport (Safety and Traffic\nManagement) Regulation 2017\n14 Testing and maintenance requirements—Act, s 24 (2) (b)\nSection 16 (2) (a) (i) 11\n15 Testing and maintenance requirements for police vehicle\nspeedometer—Act, s 24 (2) (b)\nSection 17 (2) (a) 11\n\nJ2025-1409\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for City and Government Services)\nCity and Environment Legislation\nAmendment Bill 2026\nA Bill for\nAn Act to amend legislation about the city and environment, and for other\npurposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary1\n1 Name of Act2\nThis Act is the City and Environment Legislation Amendment Act3\n2026.4\n2 Commencement5\nThis Act commences on the 7th day after its notification day.6\nNote The naming and commencement provisions automatically commence on7\nthe notification day (see Legislation Act, s 75 (1)).8\n3 Legislation amended9\nThis Act amends the following legislation:10\n• Cemeteries and Crematoria Act 202011\n• Electoral Act 199212\n• Heavy Vehicle National Law (ACT) Act 201313\n• Road Transport (Offences) Regulation 200514\n• Road Transport (Safety and Traffic Management)15\nRegulation 2017.16\n\nCemeteries and Crematoria Act 2020 Part 2\nSection 4\nCity and Environment Legislation Amendment Bill 2026 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Cemeteries and Crematoria1\nAct 20202\n4 Section 253\nsubstitute4\n25 Licensee must make remains available for collection5\n(1) If human remains are cremated at a crematorium, the licensee must,6\nwithin 7 days after the cremation, notify the applicant that the7\ncremated remains are available for collection.8\n(2) The licensee must make the cremated remains available for collection9\nby the applicant for 3 years after the day the applicant is notified10\n(the retention period).11\n(3) If the applicant does not collect the cremated remains within the first12\nyear of the retention period, the licensee must make the remains13\navailable for collection by a suitable person until the end of the14\nretention period.15\n(4) If the cremated remains have not been collected within the first16\n2 years of the retention period, the licensee must ask the applicant or17\na suitable person to collect the remains by—18\n(a) contacting the last known telephone number of the applicant or19\nsuitable person on at least 2 days; and20\n(b) sending a written notice to the last known postal or email address21\nof the applicant or suitable person.22\n(5) A notice under subsection (4) (b) must state—23\n(a) the day the retention period ends; and24\n(b) that the licensee may dispose of the cremated remains after that25\nday.26\n\nPart 2 Cemeteries and Crematoria Act 2020\nSection 4\npage 4 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:1\napplicant, in relation to the cremation of human remains, means the2\nperson who applied to the licensee of a crematorium for the cremation3\nunder section 22.4\nsuitable person means a person who is—5\n(a) a family member of the deceased person whose human remains6\nwere cremated; and7\n(b) over 16 years of age.8\n25A Offences—failure to notify applicant or suitable person9\nabout collection of cremated remains10\n(1) A person commits an offence if—11\n(a) the person is the licensee of a crematorium; and12\n(b) human remains are cremated at the crematorium; and13\n(c) the person fails to comply with section 25 (1).14\nMaximum penalty: 20 penalty units.15\n(2) A person commits an offence if—16\n(a) the person is the licensee of a crematorium; and17\n(b) human remains are cremated at the crematorium; and18\n(c) the cremated remains are not collected within the first 2 years of19\nthe retention period; and20\n(d) the person fails to comply with section 25 (4).21\nMaximum penalty: 20 penalty units.22\n(3) In this section:23\nretention period—see section 25 (2).24\n\nCemeteries and Crematoria Act 2020 Part 2\nSection 4\nCity and Environment Legislation Amendment Bill 2026 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25B Offences—disposal of cremated remains1\n(1) A person commits an offence if—2\n(a) the person is the licensee of a crematorium; and3\n(b) human remains are cremated at the crematorium; and4\n(c) the person fails to comply with section 25 (1); and5\n(d) the person disposes of the cremated remains.6\nMaximum penalty: 50 penalty units.7\n(2) A person commits an offence if—8\n(a) the person is the licensee of a crematorium; and9\n(b) human remains are cremated at the crematorium; and10\n(c) the cremated remains are not collected within the first 2 years of11\nthe retention period; and12\n(d) the person fails to comply with section 25 (4); and13\n(e) the person disposes of the cremated remains.14\nMaximum penalty: 50 penalty units.15\n(3) A person commits an offence if—16\n(a) the person is the licensee of a crematorium; and17\n(b) human remains are cremated at the crematorium; and18\n(c) the person disposes of the cremated remains before the end of19\nthe retention period.20\nMaximum penalty: 50 penalty units.21\n(4) In this section:22\nretention period—see section 25 (2).23\n\nPart 2 Cemeteries and Crematoria Act 2020\nSection 5\npage 6 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Section 27 heading1\nsubstitute2\n27 Offence—cremation at crematorium3\n6 Section 27 (2), penalty4\nomit5\n7 Sections 59 to 616\nomit7\nkeep8\nsubstitute9\ncomply with10\n8 Section 63A11\nsubstitute12\n63A Register—collection of cremated remains13\n(1) The licensee of a crematorium must keep a register of information in14\nrelation to the collection of cremated remains from the crematorium.15\n(2) The register must include the following information in relation to16\ncremated remains available for collection from the crematorium:17\n(a) for an applicant notified under section 25 (1)—18\n(i) the date the licensee notified the applicant; and19\n(ii) the applicant’s name and contact details;20\n\nCemeteries and Crematoria Act 2020 Part 2\nSection 9\nCity and Environment Legislation Amendment Bill 2026 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for a person asked to collect the cremated remains under1\nsection 25 (4)—2\n(i) the date the licensee contacted the person; and3\n(ii) the person’s name and contact details.4\n(3) The register must include the following information in relation to5\ncremated remains collected from the crematorium:6\n(a) the name and contact details of the person who collected the7\ncremated remains;8\n(b) the relationship of the person who collected the cremated9\nremains to the deceased person;10\n(c) whether all or some of the cremated remains of the deceased11\nperson were collected;12\n(d) the date the cremated remains were collected.13\n(4) If the licensee disposes of cremated remains, the register must also14\ninclude the date the licensee disposed of the cremated remains.15\n9 Offences—keeping registers16\nSection 64 (1) (b) (iii) and (3) (b)17\nomit18\nsection 63A (Register—cremation collections)19\nsubstitute20\nsection 63A (Register—collection of cremated remains)21\n\nPart 3 Electoral Act 1992\nSection 10\npage 8 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Electoral Act 19921\n10 Timing of redistributions2\nSection 37 (1) (a)3\nafter4\n2 years5\ninsert6\nand 1 month7\n\nHeavy Vehicle National Law (ACT) Act 2013 Part 4\nSection 11\nCity and Environment Legislation Amendment Bill 2026 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Heavy Vehicle National Law1\n(ACT) Act 20132\n11 Offences against Heavy Vehicle National Law (ACT)—3\napplication of Criminal Code4\nSection 65\nomit6\nsubject to section 21 (Offences for which person charged does not7\nhave benefit of mistake of fact defence—the Law, s 14)8\n12 Offences for which person charged does not have benefit9\nof mistake of fact defence—the Law, s 1410\nSection 2111\nomit12\n\nPart 5 Road Transport (Offences) Regulation 2005\nSection 13\npage 10 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Road Transport (Offences)1\nRegulation 20052\n13 Infringement notice penalties—Act, dict, def infringement3\nnotice penalty, par (a)4\nSection 6 (2)5\nsubstitute6\n(2) However, the penalty payable by a corporation for an infringement7\nnotice offence (other than an offence against the Road Transport8\n(Road Rules) Regulation 2017, part 12 (Restrictions on stopping and9\nparking)) is—10\n(a) for a heavy vehicle infringement notice offence—P × 5; or11\n(b) in any other case—worked out as follows:12\n(P × 5) − 24013\n\nRoad Transport (Safety and Traffic Management) Regulation 2017 Part 6\nSection 14\nCity and Environment Legislation Amendment Bill 2026 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Road Transport (Safety and1\nTraffic Management)2\nRegulation 20173\n14 Testing and maintenance requirements—Act, s 24 (2) (b)4\nSection 16 (2) (a) (i)5\nsubstitute6\n(i) for a speed measuring device, or the speed measuring7\ncomponent of the device—within an accuracy tolerance of8\n2% or 2km/h; and9\n15 Testing and maintenance requirements for police vehicle10\nspeedometer—Act, s 24 (2) (b)11\nSection 17 (2) (a)12\nsubstitute13\n(a) within an accuracy tolerance of 2% or 2km/h; and14\n\npage 12 City and Environment Legislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 25 March 2026.\n2 Notification\nNotified under the Legislation Act on 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"summary":{"status_summary":"The City and Environment Legislation Amendment Bill 2026 was introduced in the ACT Legislative Assembly on 25 March 2026 and has not yet passed.","complexity_score":4,"likely_questions":["What are the new obligations for crematorium licensees regarding uncollected cremated remains?","When will the changes take effect if the bill is passed?","Does the removal of the mistake of fact defence exclusion mean heavy vehicle offenders can now use that defence?","How is the new corporate infringement penalty calculated for a standard traffic offence?","What is the current penalty unit value in the ACT?"],"complexity_factors":["Covers amendments to five distinct legislative instruments across unrelated policy areas","Includes new offence provisions with specific penalty units and compliance steps","Legal terminology such as 'mistake of fact defence' and 'penalty unit' may require explanation for lay readers","The corporate penalty formula uses algebraic expressions that are not self-explanatory"],"plain_english_summary":"The City and Environment Legislation Amendment Bill 2026 is an omnibus bill that makes targeted changes across cemeteries and crematoria law, electoral redistributions, heavy vehicle offences, corporate infringement penalties, and speed-measurement accuracy. Its biggest impact requires crematoria to notify and retain uncollected remains, creates new offences and recordkeeping duties, and affects operators and families.\n\nIt also restores the mistake‑of‑fact defence for certain heavy vehicle offences, adjusts corporate fine calculations, and mandates speed device tolerances, affecting transport businesses and enforcement."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Bill is an omnibus package of targeted amendments within the \"city and environment\" remit: it updates cemetery/crematorium procedures and recordkeeping, adjusts timings and numerical tolerances in electoral and road transport laws, modifies a procedural/legal point in the Heavy Vehicle National Law, and changes a corporate penalty formula. The changes are additions, clarifications, and deletions within the subject areas named in the Bill title rather than a departure into unrelated policy territory. In other words, the Bill expands or tightens rules within the original scope but does not appear to grow the legislation into new policy areas beyond the instrument's stated purpose."},"complexity_factors":["Amends 6 different pieces of legislation across multiple policy areas (cemeteries, electoral, heavy vehicle, road transport regulations).","Introduces 3 new offence provisions with distinct maximum penalties (new ss 25A–25B in Cemeteries and Crematoria Act).","Adds a register requirement with multiple required data fields (new s 63A lists at least 7 distinct items to record).","Alters a numerical timing provision modestly (adds 1 month to redistribution timing — Electoral Act s 37(1)(a)).","Deletes existing provisions and a cross‑reference in the Heavy Vehicle National Law (omits wording in s 65 and omits s 21), creating legal‑interpretation effects rather than simple textual tweaks.","Changes corporate penalty calculation from a single multiplier to a conditional formula ((P × 5) or (P × 5) − 240), introducing a small arithmetic rule for differentiating vehicle types (s 6(2)).","Clarifies technical tolerances for equipment using a dual metric (2% or 2 km/h) in two separate provisions (ss 16 and 17).","Defined terms added/used in the new cemetery provisions (e.g. applicant, suitable person, retention period) increase interpretive steps.","Several cross‑references and nested conditions in the cemetery clauses (timing triggers at 1 year, 2 years, and 3 years) require stepwise compliance checks.","Overall document is short and each amendment is discrete, limiting cross‑referential complexity."],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Cemeteries and crematoria (Cemeteries and Crematoria Act 2020):\n  - Licensees of crematoria must notify the person who arranged a cremation (the \"applicant\") within 7 days that cremated remains are available (new s 25(1)).\n  - Cremated remains must be kept available for collection for 3 years after that notification (new s 25(2)); after the first year the licensee must make them available to a \"suitable person\" (defined as a family member over 16) (new s 25(3)).\n  - If remains remain uncollected after 2 years of the retention period, the licensee must contact the applicant or suitable person by telephone (on at least 2 days) and send a written notice to the last known postal or email address; the notice must state when the retention period ends and that the licensee may dispose of the remains after that day (new s 25(4)–(5)).\n  - Licensees must keep a register recording notifications, contacts, collections, and any disposal (new s 63A(1)–(4)).\n  - New criminal offences and penalties are introduced for failures to notify or to carry out the required contact steps (maximum 20 penalty units — new s 25A), and for improper disposal of cremated remains (maximum 50 penalty units — new s 25B). The Bill also adjusts headings and cross‑references in the Act (see ss 4–9).\n\n- Electoral timing (Electoral Act 1992):\n  - The timing for redistributions is changed from \"2 years\" to \"2 years and 1 month\" in the specified provision (amends s 37(1)(a)).\n\n- Heavy Vehicle National Law (ACT) Act 2013:\n  - The Bill removes a specific limiting cross‑reference and deletes the provision that said certain offences do not carry the benefit of a mistake‑of‑fact defence (it omits the \"subject to section 21\" wording in s 65 and omits s 21). That is, the Act no longer contains the deleted section that restricted the availability of the mistake‑of‑fact defence (see ss 11–12).\n\n- Corporate infringement penalties (Road Transport (Offences) Regulation 2005):\n  - For corporations the penalty payable for an infringement notice offence is changed. Heavy vehicle infringement notices remain P × 5; for other offences the corporate penalty is now (P × 5) − 240 (amends s 6(2)). The change does not apply to certain parking/stopping offences.\n\n- Speed measurement tolerances (Road Transport (Safety and Traffic Management) Regulation 2017):\n  - Accuracy tolerance for speed measuring devices and police vehicle speedometers is specified as within 2% or 2 km/h (amends ss 16(2)(a)(i) and 17(2)(a)).\n\nWhy it matters and who is affected (plain language)\n\n- Crematoria licensees: New operational duties (notify within 7 days, retain remains for 3 years, make reasonable contact attempts after 2 years) plus a statutory register obligation and new criminal penalties for non‑compliance (see ss 25, 25A, 25B, 63A). These are direct compliance costs (staff time, recordkeeping, communication) and potential criminal exposure if duties are neglected.\n\n- Bereaved families and \"suitable persons\": The law clarifies how and for how long cremated remains must be held and how they will be contacted before disposal (ss 25(2)–(5), 63A). That changes the procedural rights of people seeking to collect remains.\n\n- Corporations receiving infringement notices: The corporate penalty formula is altered, which reduces the corporate penalty for non‑heavy vehicle offences by a fixed amount relative to the prior five‑times baseline (s 6(2)). This changes the monetary exposure of corporate drivers/operators.\n\n- Heavy vehicle operators and persons charged under HVNL (ACT): Removing the provision that limited the mistake‑of‑fact defence may broaden available defences in prosecutions (ss 11–12). The Criminal Code will apply without the previously deleted statutory restriction in the Act.\n\n- Police and technical providers of speed measuring equipment: The Bill sets an explicit accuracy tolerance (2% or 2 km/h) for speed measuring devices and police vehicle speedometers (ss 16–17), which affects calibration, testing, and potential challenge points in enforcement and prosecutions.\n\nStated purpose and practical tests\n\n- Claimed purpose (as can be read from the amendments): improve protections and administrative certainty around custody and disposal of cremated remains; clarify enforcement tools and penalties for road‑related offences; and set clear technical tolerances for speed measurement.\n\n- Implementation costs and compliance burden:\n  - Crematoria will incur ongoing administrative costs to notify, retain, contact, and record (new s 63A). There is also criminal liability if these steps are not followed (ss 25A–25B). Those costs are concentrated on licensees (private operators or municipal providers), while benefits (certainty for families) are diffuse.\n  - Corporations benefit from a reduced penalty in many infringement cases; the government collects less per corporate infringement (s 6(2)). This is a redistribution of enforcement revenue rather than an administrative change.\n  - For speed measurement, device suppliers and police must ensure testing regimes meet the tighter tolerance; that may raise calibration or testing costs but reduces ambiguity in challenges to recorded speeds (ss 16–17).\n\n- Incentives and behaviour changes:\n  - Crematoria: greater incentive to keep accurate contact details and follow up promptly to avoid penalties and record the chain of custody (s 25 and s 63A). There is also a clearer timetable that may reduce indefinite retention costs (3‑year retention period limits long‑term storage costs).\n  - Corporations: a lower expected cost of some infringements could reduce deterrence slightly for corporate actors, depending on the magnitude of the change (s 6(2)).\n  - Enforcement: the clarified speedometer tolerance narrows grounds for disputing measurements, likely reducing successful technical challenges in enforcement proceedings (ss 16–17).\n\n- Trade‑offs, risks, and unintended effects:\n  - Disposal penalties (up to 50 penalty units) create a strong incentive for licensees to retain remains correctly; however, strict penalties could be onerous for smaller operators who must store remains for 3 years. There is a trade‑off between preserving remains for families and the storage/administrative cost for operators (ss 25(2)–25B).\n  - The register requirement increases transparency but raises record‑management and privacy obligations (s 63A). The Bill does not, in the text presented, add detail about secure storage or FOI/access limitations for those registers, which is an implementation detail to watch.\n  - Removing the statutory restriction on the mistake‑of‑fact defence changes the legal calculus for prosecutions under the HVNL. That may lead to more contested proceedings or different charging decisions if prosecutions now have to meet a higher evidential burden on mens rea (ss 11–12).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: crematorium licensees (compliance staff, storage costs, potential fines); corporate entities (adjusted infringement penalties); equipment suppliers and police (testing/calibration to new tolerances).\n- Who decides: licensees must decide how to meet notification and recordkeeping obligations; regulators will decide enforcement and interpretation of the new tolerances and penalty calculations; courts will interpret how the removal of the mistake‑of‑fact restriction affects defences.\n- Behaviour changes: better recordkeeping and more proactive contact by crematoria; possible small reduction in deterrence from infringement penalties for corporations; tighter calibration and verification for speed measuring devices.\n\nKey sections to look at for operational detail: new ss 25, 25A, 25B, 63A (Cemeteries and Crematoria Act 2020); amended s 37(1)(a) (Electoral Act 1992); omitted ss in Heavy Vehicle National Law (ACT) Act 2013 (ss 11–12 of the Bill); amended s 6(2) (Road Transport (Offences) Regulation 2005); amended ss 16 and 17 (Road Transport (Safety and Traffic Management) Regulation 2017)."}},"importantCases":[],"_links":{"self":"/api/acts/city-and-environment-legislation-amendment-bill-2026","history":"/api/acts/city-and-environment-legislation-amendment-bill-2026/history","analysis":"/api/acts/city-and-environment-legislation-amendment-bill-2026/analysis","conflicts":"/api/acts/city-and-environment-legislation-amendment-bill-2026/conflicts","importantCases":"/api/acts/city-and-environment-legislation-amendment-bill-2026/important-cases","documents":"/api/acts/city-and-environment-legislation-amendment-bill-2026/documents"}}