2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Health Act 1993 4

Part 2.1 Legislation Act 2001 6

Part 3.1 Animal Welfare Regulations 2001 30

Part 3.2 Building and Construction Industry Training Levy Act 1999 30

Part 3.3 Building and Construction Industry Training Levy Regulations 2001 35

Part 3.4 Bushfire Inquiry (Protection of Statements) Act 2003 36

Part 3.5 Civil Law (Wrongs) Act 2002 36

Part 3.6 Crimes (Forensic Procedures) Act 2000 37

Part 3.7 Discrimination Act 1991 38

Part 3.8 Duties Act 1999 104

Part 3.9 Environment Protection Act 1997 105

Part 3.10 Fire Brigade (Administration) Act 1974 106

Part 3.11 First Home Owner Grant Act 2000 108

Part 3.12 Fisheries Act 2000 121

Part 3.13 Gas Safety Act 2000 126

Part 3.14 Insurance Authority Act 2000 135

Part 3.15 Legal Aid Act 1977 137

Part 3.16 Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000 142

Part 3.17 Public Health Regulations 2000 156

Part 3.18 Road Transport (Alcohol and Drugs) Regulations 2000 165

Part 3.19 Territory Superannuation Provision Protection Act 2000 166

Part 3.20 Utilities Act 2000 168

Part 3.21 Victims of Crime Act 1994 193

Part 3.22 Victims of Crime Regulations 2000 206

Part 3.23 Water and Sewerage Act 2000 209

Part 3.24 Workers Compensation Act 1951 216

Part 4.1 Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 218

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Statute Law Amendment Act 2003.

(1) This Act commences on the 28th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) However, a date or time provided by a special commencement provision for an amendment made by this Act has effect as the commencement date or time of the amendment.

(3) In this section:

special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: the 90th day after this Act’s notification day)’ means that the amendment commences on the 90th day after the notification day.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

The purpose of this Act is to improve the quality of the statute law of the Territory by amending or repealing Acts and regulations for the purpose of statute law revision.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Schedules 1 to 3 amend the Acts and regulations mentioned in them.

Schedule 4 repeals the Act mentioned in it.

(1) The Minister may, in writing, declare a committee appointed by the peak management body (however described) of Calvary Health Care ACT that corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or (c) to be an approved public sector quality assurance committee.

Under the Health Act 1993, section 12, the Minister may declare a committee appointed by the Board of Management of Calvary Hospital that corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or (c) to be an approved public sector quality assurance committee.

The reference to Calvary Hospital has been replaced with a reference to Calvary Health Care ACT, to reflect the current name of the organisation.

Under section 8 (1), the Minister may declare that a particular committee is an approved public sector quality assurance committee for a health facility or for a stated purpose. The functions of a public sector quality assurance committee are decided by the Minister, and may include all or any of the functions set out in section 8 (2) (a) to (c), as follows:

(a) to conduct quality assurance activities among health service providers for the purpose of assessing and evaluating the health services provided by the Territory, to report, and make recommendations, to the chief executive in relation to those services and to monitor the implementation of those recommendations;

(b) to conduct research or investigations into morbidity and mortality in the ACT and to report, and make recommendations, to the chief executive in relation to that research or those investigations;

(c) to investigate, assess, review and evaluate the clinical privileges provided to health service providers and to report, and make recommendations, to the chief executive in relation to whether those clinical privileges should be preserved, varied or withdrawn.

A health service provider (defined in the Health Act 1993, dictionary) is a person who provides health services at a health facility (ie an institution where health services are provided by the Territory) or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere, and includes chiropractors, osteopaths, dental technicians, dental prosthetists, dentists, doctors, nurses, optometrists and pharmacists.

The present management body at Calvary Health Care ACT is not a board. This amendment replaces the reference to ‘Board of Management’ to bring the provision into line with the current management structure at Calvary Health Care ACT.

The amendment will enable the management body at Calvary Health Care ACT to appoint committees that can be declared to be approved public sector quality assurance committees by the Minister.

(Approval of Calvary Hospital committees)

(Approval of Calvary Health Care ACT committees)

This amendment is consequential on the previous amendment.

(6) Without limiting subsection (3) or (5), the regulations may prescribe requirements to be satisfied for additional material to be entered in the register under this section, including, for example, requirements about—

(a) the form of the material; and

(b) the making of requests for its entry in the register.

(7) The regulations may also make provision about the following in relation to instruments (other than registrable instruments) to be entered in the register under this section:

(a) the numbering of the instruments by the parliamentary counsel, whether in a series of numbers allocated under section 59 (Numbering) or otherwise;

(b) the identification of the instruments, including, for example, authorising the parliamentary counsel to—

(i) add a name to an unnamed instrument; or

(ii) amend an instrument’s name; or

(iii) add notes to an instrument to assist in its identification; or

(iv) do anything else in relation to an instrument to assist users of the register to identify or refer to the instrument.

This amendment makes it clear that regulations can be made to improve consistency in the entry of additional material in the legislation register. This will help users to access the material more easily. Under the Act, section 19 (3) and (5), the parliamentary counsel may enter additional material in the register in any way the parliamentary counsel considers will help users of the register. The additional material includes, for example, statutory instruments that are not registrable instruments, the administrative arrangements for the ACT under the Australian Capital Territory (Self-Government) Act 1988, (Cwlth) and the Australian Road Rules applying in all States and Territories including the ACT. As this kind of material is generally similar to registrable instruments, it is helpful to users if regulations ensure that it can be entered and numbered in the register in a similar way to registrable instruments.

This amendment and the other amendments of chapter 3 permit authorised electronic versions of Acts, statutory instruments and republications (legislation) to be downloaded from a web site approved under the Act. They also allow authorised written versions of legislation to be produced directly from authorised electronic versions of the legislation.

At present, electronic versions of legislation are only authorised when viewed at an approved web site. Printed versions of legislation are presently only authorised when printed by authority of the ACT government. Improvements to the legislation register will allow digital signatures to be included in locked pdf files of legislation accessible at an approved web site. This will allow legislation users to verify whether downloaded copies of those files are the same as the digitally signed pdf files authorised by the parliamentary counsel.

The proof of authorised electronic versions of legislation is supported by the presumptions in new section 24. Written copies of legislation produced directly from authorised electronic versions will be authorised versions, and proof is supported by the presumptions in new section 25.

The amendments of chapter 3 also extend the range of legislative material for which authorised electronic and written versions will be available. The legislative material (defined in new section 22A) includes additional material entered in the legislation register under section 19 and material used under chapter 14 to work out the meaning of Acts and statutory instruments.

In this chapter:

law means an Act or statutory instrument, whether or not it has been amended, and includes, in relation to a republication—

(a) a collection of 2 or more Acts or statutory instruments; or

(b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument.

Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).

legislative material means material (other than a law or provision of a law) relating to an Act or statutory instrument.

1 Additional material entered in the register under section 19 (3) (Contents of register) that is not an Act or statutory instrument, for example—

• the Australian Road Rules: These rules apply throughout Australia and apply in the ACT under the Road Transport (Safety and Traffic Management) Regulations 2000. They have been entered in the register as a notifiable instrument even though they are not a statutory instrument and are not taken to be a notifiable instrument under section 47 (Statutory instruments may make provision by applying law or instrument);

• appointments of Ministers: Ministers are appointed by the Chief Minister under the Self-Government Act, section 41. An instrument notifying an appointment may be entered in the register even though the instrument is not a statutory instrument.

2 Material that may be considered under chapter 14 in working out the meaning of an Act or statutory instrument, for example, an explanatory statement for the bill that became the relevant Act that was presented to the Legislative Assembly before the Act was passed.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

republication includes part of a republication.

See the explanatory note for the amendment of the heading to chapter 3.

This amendment relocates the definition of law from sections 24 and 25 so that it applies generally in chapter 3. The definition repeats the definition of law in section 107 rather than picking it up by reference using a signpost definition. The extension of the definition (paragraphs (a) and (b)) applies only in relation to republications, to more clearly reflect the use of the definition in chapter 3. Paragraph (b) has been widened to include any part of an agreement or instrument mentioned. This brings this part of the definition into line with the position of Acts and statutory instruments (see sections 7 and 13).

In addition, the amendment inserts a new definition of legislative material wide enough to encompass material entered in the legislation register under section 19 (eg additional material that the parliamentary counsel considers likely to be useful to users of the register) and extrinsic material that may be used under chapter 14 in working out the meaning of an Act or statutory instrument (eg explanatory statements for bills).

The amendment also includes a new definition of republication. This definition ensures that the chapter applies to parts of republications in the same way as it applies to whole republications. This means that users of legislation can print and use as an authorised republication only the parts of the republication they need. The definition brings the position of republications into line with the position of Acts and statutory instruments (see sections 7 and 13). A note has been included in the definition of law to remind users of this.

The parliamentary counsel may authorise written or electronic versions of a law, republication or legislative material.

Note Written includes printed (see dict, pt 1, def writing).

See the explanatory note for the amendment of the heading to chapter 3.

This amendment remakes section 23 to widen its scope to include legislative material as defined in new section 22A. The remade section refers to written versions (rather than printed) to take advantage of the definition of writing in the Legislation Act (dictionary, part 1), that is, writing includes any way of representing or reproducing words in visible form. In the context of the legislation register, printing is the most common form.

(1) An electronic copy of a law, republication or legislative material is an authorised version if—

(a) it is accessed at, or downloaded from, an approved web site in a format authorised by the parliamentary counsel; or

(b) it is authorised by the parliamentary counsel and is in the format in which it is authorised by the parliamentary counsel.

a locked pdf file

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

(2) It is presumed, unless the contrary is proved—

(a) that an internet site purporting to be an approved web site is an approved web site; and

(b) that an electronic copy of a law, republication or legislative material accessed at, or downloaded from, an approved web site and purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

(c) that any other electronic copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

(d) that an authorised electronic version of an Act or statutory instrument correctly shows the Act or instrument; and

(e) that an authorised electronic version of a republication of a law correctly shows the law as at the republication date; and

(f) that an authorised electronic version of legislative material correctly shows the material.

1 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised when accessed at www.legislation.act.gov.au or in authorised printed form’ at the foot of each page of the republication.

2 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication.

Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). A reference to a republication includes a reference to part of a republication (see s 22A).

See the explanatory note for the amendment of the heading to chapter 3.

Remade section 24 extends the form and range of authorised electronic versions of laws, republications and legislative material. The section will permit authorised versions to be downloaded from an approved web site. At present electronic versions of laws are only authorised when viewed at an approved web site. Improvements to the legislation register and the ease with which the accuracy of downloaded files can be verified using digital signatures have enabled this step to be made.

New section 24 (2) widens the presumptions in favour of authorised electronic copies of legislation to include electronic copies in authorised format downloaded from an approved web site.

The presumption of accuracy in existing section 24 (2) has been extended to authorised electronic versions of legislative material (defined in new section 22A). New section 24 (2) (f) provides this presumption for legislative material.

Section 24 as remade no longer defines law. The definition has been relocated in new section 22A inserted by another amendment.

(1) A written copy of a law, republication or legislative material is an authorised version if—

(a) it is a written copy produced directly from an authorised electronic version of the law, republication or legislative material; or

(b) it is a written copy of another version of the law, republication or legislative material authorised by the parliamentary counsel.

An authorised electronic version of an Act is downloaded from an approved web site and printed. The printed copy is an authorised written version of the Act.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

(2) It is presumed, unless the contrary is proved—

(a) that a written copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

(b) that an authorised written version of an Act or statutory instrument correctly shows the Act or instrument; and

(c) that an authorised written version of a republication of a law correctly shows the law as at the republication date; and

(d) that an authorised written version of legislative material correctly shows the material.

1 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the parliamentary counsel and printed by authority of the ACT Government’ at the foot of each page of the republication.

2 The republication has the words ‘Authorised by the ACT Parliamentary Counsel and printed by authority of the ACT Government’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication.

3 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication.

Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see, s 7 and s 13). A reference to a republication includes a reference to part of a republication (see s 22A).

See the explanatory note for the amendment of the heading to chapter 3.

Traditionally, the only authorised written versions of ACT legislation have been those printed by authority of the ACT Government (eg by the government printer). This is reflected in the presumptions in existing section 25.

However, improvements to the legislation register and the use of digital signatures for verifying electronic material remove the need for such a narrow approach. Consequently, remade section 25 (1) provides for a written copy of a law, republication or legislative material to be an authorised version if it is a written copy produced directly from an authorised electronic version. The authorised electronic format used for ACT laws (locked pdf) enables downloaded laws to be printed with complete accuracy, irrespective of the operating system used in the computer into which the laws are downloaded and the system used for printing. In practice, the same locked pdf file has been (and will continue to be) used to publish an authorised electronic version of a law and any written version published by authority of the ACT Government.

New section 25 (2) widens the presumptions in favour of authorised written legislation to include written copies printed from authorised electronic versions.

The presumption of accuracy in existing section 25 (2) has also been extended to authorised written versions of legislative material (defined in new section 22A). New section 25 (2) (d) provides this presumption for legislative material.

Section 25 as remade no longer defines law. The definition has been relocated in new section 22A inserted by another amendment.

3 using an authorised written version of a republication

This amendment brings the language of the example into line with sections 24 and 25 as remade by this part.

(4) For subsection (3), an authorised version of a law, republication or legislative material is a reliable source of information.

This amendment, consequential on the remaking of sections 24 and 25, widens the scope of the subsection so that authorised versions of legislative material are a reliable source of information.

(5) The making of the proposed law is notified in the Gazette by—

(a) publishing the text of the law in the Gazette; or

(b) publishing in the Gazette a statement—

(i) that the law has been passed by the Legislative Assembly; and

(ii) of the place or places where copies of the law can be obtained (whether by purchase or otherwise).

(6) If the making of the proposed law is notified in the Gazette, the parliamentary counsel must enter in the register—

(a) a statement that the law has been passed by the Legislative Assembly; and

(b) a statement that the law was notified in the Gazette on a stated date; and

(c) the text of the law.

(6A) If the making of the proposed law is notified in the Gazette by publishing the statement mentioned in subsection (5) (b), copies of the law must be available on the day of publication (the Gazette date), or as soon as practicable after the Gazette date, at the place, or each of the places, stated in the Gazette.

The substituted subsections apply to cases where the making of an Act has to be notified in the Gazette. This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.

As such a case is likely to be rare, it may be preferable to publish the Act in full in the Gazette (as can be done at present for registrable instruments—see Legislation Act, section 61 (4) (a)) or to make copies of the Act available for free rather than setting up special arrangements for its sale. The remade subsections, therefore, authorise these things to be done. Under the proposed subsections, if the making of an Act is initially notified in the Gazette, the making of the Act and its text must in any event be entered in the register (and made available at an approved web site). This can be expected to happen very soon after Gazette notification and any special arrangements for making copies of the Act available are likely to be needed only for a short time.

Existing subsection (6) (b) requires ‘later’ entries to be made in the legislation register about an Act notified in the Gazette. As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose and has been omitted from the remade provision.

for purchase

This amendment is consequential on the remaking of section 28 (5).

This amendment provides for the consequential renumbering of subsections.

statutory

registrable

This amendment brings the language of section 59 (2) more closely into line with the language of section 59 (1).

This amendment changes the heading (by adding ‘etc’) to better reflect the section’s contents.

made

notified

Section 60 deals with the parliamentary counsel’s power to correct the name of a registrable instrument, including in cases where the name of the instrument includes a year that is not the year that the instrument was made (section 60 (1) (a)). Usually a registrable instrument is made and notified in the same year, and it includes in its name the year it was made. However, if a registrable instrument is made at the end of a year, but is not notified until the next year, the name it bears should include the year that it was notified, not made.

This amendment makes that change.

(ii) of the place or places where copies of the instrument can be obtained (whether by purchase or otherwise).

This amendment, and the amendments of sections 61 (5), (6) and (7), apply to cases where the making of a registrable instrument has to be notified in the Gazette. This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.

As these cases are likely to be rare, it may be preferable to make copies of the instrument available for free rather than setting up special arrangements for its sale. The amendments of section 61, therefore, authorise this to be done. Under the amended section, if the making of a registrable instrument is initially notified in the Gazette, the making of the instrument and its text must in any event be entered in the register (and made available at an approved web site). This can be expected to happen very soon after Gazette notification and any special arrangements for making copies of the instrument available are likely to be needed only for a short time.

later

Existing subsection (5) requires ‘later’ entries to be made in the legislation register about a registrable instrument notified in the Gazette. As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose and has been omitted.

If

If the making of

This amendment brings the language of section 61 (6) more closely into line with the language of section 61 (5).

for purchase

See the explanatory note for the amendment of section 61 (4) (b) (ii).

later

These amendments omit an unnecessary word. The amended provisions apply to cases where the disallowance or amendment of a subordinate law or disallowable instrument by the Legislative Assembly has to be notified in the Gazette. This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification. In these cases, the existing provisions require that ‘later’ entries be made in the legislation register about the disallowance or amendment of the instrument. As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose.

(d) section 79A (Commencement of amendment of uncommenced law);

(e) section 81 (Exercise of powers between notification and commencement).

This amendment is consequential on the insertion of new section 79A by another amendment.

the notification

its notification

This amendment tightens language.

(1) This section applies if a law (the amending law) amends a law that has not commenced (the uncommenced law).

(2) The amendment of the uncommenced law does not of itself commence that law.

(3) The amendment made by the amending law commences on the commencement of the uncommenced law.

(4) This section is a determinative provision.

Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.

This amendment inserts proposed new section 79A to make it clear that an amendment of a law that has not commenced does not of itself commence the law, and that the amendment commences on the commencement of the uncommenced law. Because of the definition of law in section 72, the proposed section will apply to the amendment of an uncommenced provision in the same way as it applies to an uncommenced law.

4 If a section numbered ‘7A’ is to be inserted (by an amending section headed ‘New section 7A’, with the command ‘in division 2.2, insert’) into an amended law with an existing sequence ‘section 7 [in division 2.2]—division 2.3 [heading]—section 8’, inserted section 7A is inserted between section 7 and the heading to division 2.3 (that is, at the end of division 2.2).

5 If a section numbered ‘7A’ is to be inserted (by an amending section headed ‘New section 7A’, with the command ‘in division 2.3, insert’) into an amended law with an existing sequence ‘section 7 [in division 2.2]—division 2.3 [heading]—section 8’, inserted section 7A is inserted between the heading to division 2.3 and section 8 (that is, at the beginning of division 2.3).

This amendment brings the examples into line with current drafting practice.

appointment includes acting appointment.

This amendment makes it clear that a reference to appointment in section 94 includes an acting appointment.

(b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument.

This amendment makes it clear that all or any part of an agreement or instrument mentioned in the paragraph can be republished. In some cases, republication of the whole agreement or instrument may not assist users of the republication and may cause needless cost.

printed

written

This amendment brings the language of the section into line with sections 24 and 25 as remade by this part.

This amendment omits provisions that will be covered by the provisions of chapter 3 as amended by this part.

(Authorised versions and evidence of Acts and statutory instruments)

(Authorised versions and evidence of laws and legislative material)

This amendment updates a reference to the heading of chapter 3 as amended by this part.

This amendment brings the section more closely into line with current drafting practice. Power is defined in the Legislation Act, dictionary, part 1 to include authority, and is the drafting term used rather than authority.

authority

power

This amendment brings the section more closely into line with current drafting practice. Power is defined in the Legislation Act, dictionary, part 1 to include authority, and is the drafting term used rather than authority.

(1A) To remove any doubt, subsection (1) applies in relation to a function even though a law authorises or requires the function to be exercised in writing.

This amendment makes it clear that, if a function must or may be exercised in writing, the function may be exercised by the body by resolution.

the thing

the effect of the thing

This amendment clarifies the provisions.

This amendment provides for the consequential renumbering of subsections because of the insertion of new subsection (1A).

This division applies to a position if a law provides that a person acts in the position in stated circumstances.

The Hypothetical Act 2003 provides for the deputy director of the hypothetical entity to act in the position of director of the entity if the position is vacant or the director cannot for any reason exercise the functions of the position.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) A person acting in the position has, subject to the law providing for the acting or any other law, all the functions of the occupant of the position.

Note Function is defined in the dict, pt 1 to include authority, duty and power.

(2) All Territory laws apply in relation to the person as if the person were the occupant of the position.

This amendment inserts a new division that contains provisions applying to standing acting arrangements, that is, where a law itself provides that in stated circumstances a person automatically acts in a position. The Planning and Land Act 2002, section 26 (3) is an example of such a law. The provisions of the new division are based on provisions of the Act applying to acting appointments (see section 220).

the function

a function

This amendment corrects a minor drafting error.

(3) A statutory instrument (other than a subordinate law or disallowable instrument) is taken to be made by the Executive if it is signed by 2 or more Ministers who are members of the Executive.

(4) A statutory instrument mentioned in subsection (3) made in accordance with the subsection is taken to be made when it is signed by the second Minister signing.

(5) This section is subject to section 41 (Making of certain statutory instruments by Executive).

This amendment makes it clear when a statutory instrument, other than a subordinate law or disallowable instrument, made by the Executive is made. Section 41 deals with the making of subordinate laws and disallowable instruments by the Executive.

Note See also s 46 (3), which deals with the repeal and replacement of forms that are registrable instruments and prevents their amendment.

This amendment makes it clear that the forms dealt with in section 46 (3) are forms that are registrable instruments.

(1) The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under this Act.

(2) The regulations may make provision in relation to notification in the Gazette under the following sections:

(a) section 28 (Notification of Acts);

(b) section 61 (Notification of registrable instruments):

(c) section 65A (Notification of disallowance by resolution of Assembly);

(d) section 69 (Notification of amendments made by resolution of Assembly).

(3) In particular, the regulations may make provision in relation to the form of the Gazette and its publication, including how it may or must be published.

This amendment remakes the regulation-making power to include provision for cases where the making of an Act or registrable instrument, or the disallowance or amendment of a subordinate law or disallowable instrument, has to be notified in the Gazette. This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification. This could happen after normal business hours at the ACT Government Shopfront. In these cases, it may be necessary to publish a special edition of the Gazette promptly and make it available elsewhere. The regulations would set out the requirements to be satisfied in these cases.

OH&S commissioner means the Occupational Health and Safety Commissioner under the Occupational Health and Safety Act 1989.

This amendment inserts a new definition of OH&S commissioner.

Territory authority means a body established under an Act, but does not include a body declared under the regulations not to be a Territory authority.

This amendment remakes the existing definition, which was inserted in the former Interpretation Act 1967 in 1989 and relocated to the Legislation Act in 2001. The remade definition refers simply to a ‘body’ without mentioning whether or not it is incorporated. That amplification is no longer necessary because it is now part of the definition of ‘body’ in the Legislation Act, dictionary, part 1. The remade definition also allows the regulations to set out bodies that are not to be Territory authorities. For example, a body registered under the Cooperatives Act 2002 as a cooperative, or an association incorporated under the Associations Incorporation Act 1991, may be declared under the regulations not to be a Territory authority.

Act, for chapter 14 (Interpretation of Acts and statutory instruments)—see section 136.

Note See also def Act in dict, pt 1.

This amendment inserts a signpost definition in accordance with current drafting practice.

(aa) for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and

This amendment amends a signpost definition to take account of the definition of law in new section 22A.

legislative material, for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A.

This amendment inserts a signpost definition in line with current drafting practice.

(a) for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and

(b) for chapter 11 (Republication of Acts and statutory instruments)—see section 107.

This amendment revises a signpost definition to take account of the definition of republication in new section 22A.

working out the meaning of an Act, for part 14.2 (Key principles of interpretation)—see section 138.

This amendment inserts a signpost definition in accordance with current drafting practice.

subsection (1)

subregulation (1)

This amendment corrects a reference to a provision.

(2) A member is appointed by the Minister.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(3) An appointment must not be for longer than 3 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

This amendment brings the subsections into line with current drafting practice. In particular, it removes a provision that requires the instrument of appointment to state the period of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment. The amendment also updates standard appointment notes.

pecuniary

financial

This amendment updates language.

The Minister must end the appointment of a member if the member—

This amendment updates language (replacing ‘terminate’ with ‘end’). ‘End’ is the drafting term that is now used in relation to appointments.

for

of

This amendment brings the definition into line with current drafting practice.

body corporate

corporation

This amendment updates language.

for

of

This amendment brings the definition into line with current drafting practice.

(as the case requires)

This amendment omits unnecessary words.

Note For how documents may be given, see Legislation Act, pt 19.5.

This amendment inserts a standard note about service of documents.

The board may appoint a person as an inspector for this Act.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

This amendment omits the reference to the appointment being made in writing. The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. The amendment also inserts standard notes about appointments.

(as the case requires)

This amendment omits unnecessary words.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• appoint

• document

• exercise

• function

• Minister

• penalty unit (see s 133)

• State

• the Territory.

This amendment inserts standard dictionary notes.

owner, of land, for part 3 (Levy on building and construction work)—see section 15.

project owner, for work, for part 3 (Levy on building and construction work)—see section 15.

This amendment brings the signpost definitions into line with current drafting practice.

qualified valuer, for part 3 (Levy on building and construction work)—see section 15.

This amendment inserts a signpost definition in line with current drafting practice.

value, of work, for part 3 (Levy on building and construction work)—see section 15.

This amendment brings the signpost definition into line with current drafting practice.

This amendment brings the provision heading into line with current drafting practice.

Note State is defined in the Legislation Act, dict, pt 1.

This amendment inserts a new note, to help the reader find the meaning of a term used in the provision.

(4) This Act is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

The Bushfire Inquiry (Protection of Statements) Act 2003 (the Inquiry Act), section 4 provides a defence to an action for defamation in relation to making of statements, or the giving of documents, to the McLeod Inquiry into the operational response to the January 2003 bushfires in the ACT. It also provides a defence to an action for defamation arising from the publication of certain reports of the inquiry, or a fair summary of them or extract from them.

The Legislation Act, section 88 (2), provides that if a law (the savings law) declares that a law (the declared law) is a law to which that section applies, the effect of the declared law does not end only because of the repeal of the declared law (which includes its expiry—see Legislation Act, section 82, definition of repeal).

The Inquiry Act, section 5 provides for the expiry of the Act on 30 September 2003, or on a later date determined by the Minister. The proposed amendment removes any doubt about whether the defence provided by the Act would still be available after 30 September 2003 (or after any Ministerially declared later date).

This amendment is consequential on the next amendment.

average weekly earnings means—

(a) the average weekly earnings, States and Territories, seasonally adjusted for the ACT (all males total earnings) contained in Average Weekly Earnings, Australia issued by the Australian Statistician; or

(b) if the Australian Statistician issues a publication (however described) containing average weekly earnings in substitution for, or instead of, the average weekly earnings mentioned in paragraph (a)—the substituted average weekly earnings.

This amendment replaces an incorrect reference to the ABS (the Australian Bureau of Statistics) with a reference to the ‘Australian Statistician’ and updates the reference to the publication issued by the Australian Statistician.

17

19

This amendment updates a cross-reference.

render

make

This amendment updates language.

This Act is the Discrimination Act 1991.

This amendment revises the section providing for the Act’s name to bring it into line with current drafting practice.

New section 2 (Dictionary) and new section 3 (Notes) are inserted by a later amendment, so this amendment renumbers existing section 3 as new section 4.

commissioner means the Discrimination Commissioner.

This amendment updates the definition.

contract worker means a person (the worker) who does work for someone else (the third person) under a contract between the worker’s employer and the third person.

This amendment revises the language of the definition to bring it more closely into line with current drafting practice.

disability—see section 5AA (Meaning of disability).

This amendment inserts a new definition of disability that replaces the existing definition of impairment (omitted by the next amendment). The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

This amendment is consequential to the above amendment.

principal means—

(a) for a commission agent—a person for whom the commission agent does work as a commission agent; or

(b) for a contract worker—a person for whom the contract worker does work under a contract between the contract worker’s employer and the person.

This amendment revises the language of the definition to bring it more closely into line with current drafting practice.

relevant class of people means a class of people whose members are identified by reference to an attribute mentioned in section 7.

This amendment revises the definition to bring it more closely into line with current drafting practice.

(e) services provided by a government, government authority, local government body or corporation in which a government has a controlling interest; and

This amendment replaces the reference to ‘a company or other body corporate’ with ‘corporation’. Corporation is defined in the Legislation Act, dictionary, part 1 to include a body politic or corporate.

This amendment relocates the definitions to a new dictionary inserted by a later amendment.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘discriminate—see section 8.’ means that the word ‘discriminate’ is defined in section 8.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This amendment inserts standard dictionary and notes provisions in line with current drafting practice. A new dictionary is inserted by a later amendment.

(1) In this Act:

doing an act includes failing to do the act.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

(2) In this Act, a reference to doing an act because of a particular matter includes a reference to doing an act because of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for doing the act.

This amendment converts former section 4 (2) into a new definition of doing in new section 4A (1), and former section 4 (3) into new section 4A (2), in line with current drafting practice.

In this Act:

complainant means—

(a) for a complaint lodged by an agent—the person or each person on whose behalf the complaint is lodged; and

(b) for an investigation for which there are 2 or more complainants—each complainant.

respondent means—

(a) for a complaint—the person who is alleged to have done the act or acts to which the complaint relates; and

(b) for an investigation of a complaint for which there are 2 or more respondents—each respondent; and

(c) for an investigation initiated by the commissioner—each person whose actions are the subject of the investigation.

This amendment brings the definitions into line with current drafting practice.

This amendment is consequential on the next amendment.

This amendment amends what was the definition of impairment to make it a definition of disability. The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

impairment includes an impairment

disability includes a disability

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

impairment

disability

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

In this Act:

potential pregnancy, of a woman, includes—

This amendment brings the definition into line with current drafting practice.

(1) For this Act, a member of the Legislative Assembly (in his or her capacity as an office-holder or otherwise) is taken to be an employer in relation to a person who is, or who is seeking to be, employed under the Legislative Assembly (Members’ Staff) Act 1989, section 5 or 10 as a member of the staff of the member.

(2) In this section:

office-holder—see the Legislative Assembly (Members’ Staff) Act 1989, section 3.

This amendment updates language and brings the form of the provision in line with current drafting practice. In particular, the Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

(j) disability;

This amendment replaces ‘impairment’ with ‘disability’. The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

(2) In this Act, a reference to an attribute mentioned in subsection (1) includes—

This amendment updates language.

determining

deciding

This amendment updates language.

(2) This section does not limit the operation of section 8 in relation to discrimination on the ground of disability.

This amendment updates language and is also consequential on the change of terminology from ‘impairment’ to ‘disability’.

Nothing in this Act shall be taken to

This Act does not

This amendment updates language.

a disability

the person’s disability

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

determining

deciding

This amendment updates language.

determining

deciding

This amendment updates language.

determining

deciding

This amendment updates language.

refusing or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

refusing or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

refusing or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

premises

(public premises)

This amendment inserts a tagged-term definition to allow the language of the section to be updated.

any such

public

This amendment updates language.

such

public

This amendment updates language.

(d) by refusing to allow the other person the use of any facilities (public facilities) in public premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or

This amendment inserts a tag-term definition to allow the language of the section to be updated and updates language.

any such

public

This amendment updates language.

such

public

This amendment updates language.

person

person (the provider)

This amendment allows the next amendment to update language by replacing ‘firstmentioned’ with the tag term ‘provider’.

firstmentioned person

provider

This amendment updates language.

refusing or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

refusing or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person (the first person) to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve doing domestic duties on the premises where the first person lives.

Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve the care of a child where the child lives.

This amendment updates language.

Nothing in this Act prevents

This Act does not prevent

This amendment updates language.

Part 3 or 4 does not make unlawful discrimination by an employment agency in the selection of people as suitable for a job vacancy if, had the proposed employer discriminated against the person in the same way, the discrimination would not have been unlawful.

This amendment updates language.

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

Part 3 does not make it unlawful for a person (the first person) to discriminate against someone else (the second person) in relation to the terms on which an annuity or policy of insurance is offered to, or may be obtained by, the second person, if the discrimination is reasonable in the circumstances, having regard to any actuarial or statistical data on which it is reasonable for the first person to rely.

This amendment updates language.

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

(2) For discrimination on the ground of age, subsection (1) applies only if—

This amendment updates language.

the commencement date

4 March 1994

This amendment replaces a reference to the commencement date with the actual date to assist readers.

This amendment omits the definition consequential on the substitution of the actual date by other amendments.

the commencement date

4 March 1994

This amendment replaces references to the commencement date with the actual date to assist readers.

Nothing in this Act renders

This Act does not make

This amendment updates language.

Part 3 does not make it unlawful for a voluntary body to discriminate against a person in relation to—

(a) the admission of people as members of the body; or

(b) the provision of benefits, facilities or services to people, whether the people are members of the body or otherwise.

This amendment updates language.

Nothing in part 3 applies

Part 3 does not apply

This amendment updates language.

(1) Section 10 or 13 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to—

This amendment updates language and allows a later amendment to replace ‘firstmentioned’ with the tag term ‘first person’.

the doing of work

doing work

This amendment simplifies language as a result of the new definition of doing an act (see proposed new section 4A (Meaning of doing an act)) inserted by an earlier amendment.

firstmentioned

first

This amendment updates language.

the provision

(2) Section 18 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to

This amendment updates language.

firstmentioned

first

This amendment updates language.

This amendment distinguishes the section heading from other section headings in the Act.

(1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of sex in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of the opposite sex to the relevant person.

This amendment updates language.

the generality of

This amendment omits unnecessary words.

Nothing in section 18 renders

Section 18 does not make

This amendment updates language.

refusal or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

Part 3 does not make it unlawful for a person to discriminate against a man on the ground of sex only because the person gives a woman rights or privileges in relation to pregnancy, childbirth or breastfeeding.

This amendment updates language.

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

determined

decided

This amendment updates language.

(2) Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of accommodation if the accommodation is provided solely for people of one sex who are students at an educational institution.

This amendment updates language.

Nothing in section 22 renders

Section 22 does not make

This amendment updates language.

Nothing in section 22 (1) (b) or 22 (2) renders

Section 22 (1) (b) or 22 (2) does not make

This amendment updates language.

(3) In deciding any matter relating to the application of subsection (2), the following must be taken into account:

This amendment updates language.

and

This amendment is consequential on another amendment of section 40 (3).

women; and

women;

This amendment is consequential on another amendment of section 40 (3).

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

This amendment distinguishes the section heading from other section headings in the Act.

(1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of race in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of a different race to the relevant person.

This amendment updates language.

the generality of

This amendment omits unnecessary words.

(1) Section 22 does not make unlawful discrimination on the ground of race in relation to a club that has as its principal object providing benefits for people of a stated race if those people are described other than—

(a) by reference to colour; or

(b) in a way that has the effect of excluding some members of that race on the basis of colour.

(2) In deciding what the principal object of the club is for subsection (1), the following must be taken into account:

(a) the essential character of the club;

(b) if the people mainly enjoying the benefits of membership are of the race stated in the principal object;

(c) any other relevant circumstance.

This amendment updates language.

Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful—

This amendment updates language.

Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful discrimination on the ground of political conviction in relation to employment or work—

This amendment updates language.

Nothing in section 18 renders

Section 18 does not make

This amendment updates language.

refusal or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

In deciding what is unjustifiable hardship for this division, all the relevant circumstances of the particular case must be taken into account, including the following:

(a) the nature of the benefit or detriment likely to accrue or be suffered by all people concerned;

(b) the nature of the disability of the person concerned;

(c) the financial circumstances of, and the estimated amount of expenditure by, the person claiming unjustifiable hardship.

This amendment updates language.

Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of disability in relation to employment or work that involves any of the following activities:

This amendment distinguishes the section heading from other section headings in the Act and updates language.

(c) providing people who have a particular disability with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person with a similar disability;

This amendment updates language.

(2) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful for a person (the first person) to discriminate against someone else on the ground of disability in relation to any setting by the first person of terms or conditions for the performance of work that is essential to the position concerned, if the terms or conditions are reasonable having regard to either or both of the following:

This amendment updates language.

(3) In this section:

disability, of a person, includes a disability that the person has.

Note Disability is defined for the Act in s 5AA.

This amendment amends what was the definition of impairment for the section to make it a definition of disability. The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

(2) In this section:

disability, of a person, includes a disability that the person has.

Note Disability is defined for the Act in s 5AA.

This amendment amends what was the definition of impairment for the section to make it a definition of disability. The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

Nothing in section 18 renders

Section 18 does not make

This amendment updates language.

refusal or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

Nothing in section 18 renders

Section 18 does not make

This amendment updates language.

refusal or

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Nothing in section 19 renders

Section 19 does not make

This amendment updates language.

(1) Section 20 does not make unlawful discrimination on the ground of disability in relation to the provision of goods, services or facilities if—

(a) because of a person’s disability, the goods, services or facilities would have to be provided in a special way; and

(b) their provision in that way would impose unjustifiable hardship on the person providing, or proposing to provide, the goods, services or facilities.

(2) In this section:

services includes services provided by an employment agency.

This amendment updates language and brings the provision into line with current drafting practice.

Nothing in section 21 renders

Section 21 does not make

This amendment updates language.

Nothing in section 22 renders

Section 22 does not make

This amendment updates language.

(2) In deciding what the principal object of a club is for subsection (1), the following must be taken into account:

(a) the essential character of the club;

(b) if the people mainly enjoying the benefits of membership have the particular disability;

(c) any other relevant circumstance.

This amendment updates language.

(3) Section 22 does not make it unlawful to discriminate against a person on the ground of disability if the discrimination is in relation to the enjoyment of any benefit provided by a club if—

(a) because of the person’s disability, the benefit would have to be provided to the person in a special way; and

(b) the provision of the benefit in that way would impose unjustifiable hardship on the club.

This amendment updates language.

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

(b) if the activity is conducted for, or mainly for, people who have a particular kind of disability—the person does not have a disability of that kind.

This amendment updates language.

Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work that involves any of the following activities:

This amendment distinguishes the section heading from other section headings in the Act and updates language.

(c) providing people belonging to a particular age group with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person belonging to a particular age group.

This amendment updates language.

(1) This section applies if an award provides for the payment of reduced wages to employees under 21 years old.

(2) If this section applies, section 10 (1) or 10 (2) (a) or (b) does not make it unlawful for an employer to discriminate against a person on the ground of age—

(a) if the person is 21 years old or older—in relation to the offer of employment to a person under 21 years old; or

(b) if the person is under 21 years old—in relation to the payment of reduced wages to the person in accordance with the award.

This amendment updates language.

(1) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, if the discrimination is practised in order to comply with reasonable health and safety requirements relevant to the employment or work.

(2) In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against.

This amendment updates language.

(1) Section 18 does not make it unlawful to discriminate against a person on the ground of age in relation to the admission of the person to an educational institution if the level of education or training sought is provided only for students older than a particular age.

This amendment updates language.

Nothing in section 18 renders it unlawful to refuse or fail

Section 18 does not make it unlawful to fail

This amendment updates language and omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

Note The Legislation Act, dict, pt 1 defines fail to include refuse.

This amendment inserts a note to remind readers about the extended meaning of fail.

Part 3 does not make it unlawful to discriminate against a person on the ground of age in relation to a transaction if the person is subject to a legal incapacity because of his or her age and the incapacity is relevant to the transaction.

This amendment updates language.

Division 3.2 does not make it unlawful to discriminate against a person in relation to the provision of genuine benefits, including concessions, to someone else because of his or her age.

This amendment updates language.

Nothing in section 19 or 20 renders

Section 19 or 20 does not make

This amendment updates language.

(2) In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against.

This amendment updates language.

Nothing in section 20 or 21 renders

Section 20 or 21 does not make

This amendment updates language.

(1) Section 20 or 22 does not make it unlawful for a club to discriminate against a person on the ground of age if the club’s principal object is providing benefits for people belonging to a particular age group.

(2) In deciding what the principal object of a club is for subsection (1), the following must be taken into account:

(a) the essential character of the club;

(b) if the people mainly enjoying the benefits of membership belong to the particular age group stated in the club’s objects;

(c) any other relevant circumstances.

This amendment updates language.

(1) Part 3 does not make it unlawful to discriminate against a person on the ground of age by his or her exclusion from participation in any competitive sport if competition is only allowed between people belonging to a particular age group.

(2) This section does not apply in relation to the exclusion of people from participation in—

(a) coaching people doing any sporting activity; or

(b) umpiring or refereeing any sporting activity; or

(c) administering any sporting activity; or

(d) any sporting activity prescribed under the regulations.

This amendment updates language.

Nothing in part 3 renders

Part 3 does not make

This amendment updates language.

(1) In this part:

sexual harassment—a person subjects someone else to sexual harassment if the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or engages in other unwelcome conduct of a sexual nature in circumstances in which the other person reasonably feels offended, humiliated or intimidated.

(2) In this section:

conduct, of a sexual nature, includes the making of a statement of a sexual nature to, or in the presence of, a person, whether the statement is made orally or in writing.

This amendment brings the form of the provision into line with current drafting practice.

This amendment brings the heading into line with current drafting practice.

not being

other than

This amendment updates language.

(2) This section does not make unlawful—

This amendment updates language.

(1) It is unlawful for a person (the first person) to subject someone else to any detriment on the ground that the other person has—

This amendment updates language and allows a later amendment to update language by replacing ‘firstmentioned’ with the tag term ‘first person’.

(c) given information or produced a document to a person exercising a function under or for this Act; or

This amendment omits unnecessary words and updates language. Function is defined in the Legislation Act, dictionary, to include authority, duty and power.

firstmentioned

first

This amendment updates language.

This amendment brings the heading into line with current drafting practice.

conduct

(2) If, apart from an exception, excuse, qualification or exemption under this Act,

This amendment updates language and omits unnecessary words. The Legislation Act, dict, pt 1 defines under to include ‘by virtue of’.

(2) A person must not act as an agent unless the person is—

(a) authorised in writing to act on behalf of the aggrieved person or people concerned; or

This amendment updates language.

The commissioner must investigate a complaint made in accordance with section 72 to decide—

This amendment updates language.

Before beginning an investigation in relation to a complaint, the commissioner must give each party written notice that the complaint is to be investigated.

This amendment updates language.

(1) Subject to this part, an investigation is to be conducted in the way the commissioner considers appropriate.

This amendment updates language.

This amendment updates language.

Nothing in section 78 prevents

Section 78 does not prevent

This amendment updates language.

of his or her own motion

on his or her own initiative

This amendment updates language.

(1) If, because of the investigation of a complaint lodged under section 72, the commissioner decides that a relevant ground exists in relation to the complaint, the commissioner must decline the complaint.

This amendment updates language.

the purposes of

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

(3) A conference must be held in private and is to be conducted in the way the commissioner considers appropriate.

This amendment updates language.

(a) an individual is not entitled to be represented at a conference by someone else; and

This amendment updates language and replaces ‘natural person’ with ‘individual’. Individual is defined in the Legislation Act, dictionary, part 1 to mean a natural person.

of persons (whether incorporated or unincorporated)

This amendment omits an unnecessary reference to body ‘of persons (whether incorporated or unincorporated)’. Body is defined in the Legislation Act, dictionary, part 1 to include any group of people joined together for a common purpose, whether incorporated or unincorporated.

determined

decided

This amendment updates language.

Conciliation is to be conducted in the way the commissioner considers appropriate.

This amendment updates language.

determine

decide

This amendment updates language.

(2) The tribunal may, on application or its own initiative, direct that a hearing or part of a hearing take place in private and give directions about the people who may be present.

This amendment updates language.

(1) The tribunal may sit in the places in the ACT that the president decides.

This amendment updates language. In particular, when ‘the Territory’ is used in the geographical sense, current drafting practice is to use ‘ACT’ instead. ACT is defined in the Legislation Act, dictionary, part 1.

(2) Subsection (1) does not prevent the representation of a party that is a body by a member, officer or employee of the party.

This amendment updates language and omits an unnecessary reference to body ‘of persons’. Body is defined in the Legislation Act, dictionary, part 1 to include any group of people joined together for a common purpose, whether incorporated or unincorporated.

determined

decided

This amendment updates language.

Nothing in this division permits

This division does not permit

This amendment updates language.

commencement

beginning

This amendment updates language.

must not be published, or must not be published except in the way, or to the people, the commissioner or tribunal specifies.

This amendment updates language.

(c) must permit a person who would be entitled to inspect the document (if it was not in the possession of the commissioner or tribunal) to inspect the document at any reasonable time during the period.

This amendment updates language.

nothing in this Act confers on

this Act does not give

This amendment updates language.

shall, for the purposes of this Act, be taken

is taken, for this Act,

This amendment updates language. The Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

determines

decides

This amendment updates language.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

This amendment inserts a new note, consequent on the omission of section 110B (2) by the next amendment. Section 110B (2) stated that the tribunal has the powers necessary and convenient to exercise the tribunal’s function.

This amendment omits an unnecessary provision. Section 110B (1) states that the tribunal has the functions and powers given to it under the Act. It is not necessary to state that.

Section 110B (2) is not necessary, because the Legislation Act, section 196 provides that a provision of a law that gives a function to an entity (including a person) also gives the entity powers necessary and convenient to exercise the function.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

This amendment inserts standard notes.

This amendment updates language (replacing ‘terms’ with ‘conditions’) in line with current drafting practice.

terms

conditions

This amendment updates language in line with current drafting practice.

This amendment removes a provision that requires the instrument of appointment to state the period of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment (see section 110G (1)), the period of appointment must be stated in the instrument of appointment.

This amendment provides for the consequential renumbering of a provision.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

This amendment inserts a standard note about the ending of an appointment.

powers

functions

The reference to ‘powers’ is replaced with ‘functions’ because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now.

(4) The registrar may delegate the registrar’s functions under this Act to a public servant.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

This amendment updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing;

• the word ‘powers’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now;

• the words ‘all or any’ (of the registrar’s functions) have been omitted because the Legislation Act, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also inserts a standard note about delegations.

Note For other provisions about forms, see Legislation Act, s 255.

This amendment inserts a standard note about approved forms.

There is to be a Discrimination Commissioner.

The commissioner has the following functions:

This amendment updates language and is consequential on other amendments of the section and existing section 112. Existing section 111 is also renumbered as section 112 by the amendment.

(f) to exercise any other function given to the commissioner under this Act or another Territory law;

(g) to exercise any functions of the Commonwealth commission given to the commissioner under an arrangement made under the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth);

This amendment updates language and brings the paragraphs into line with current drafting practice.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

This amendment inserts a new note, consequent on the omission of section 111 (2) by the next amendment. Section 111 (2) stated that the commissioner has the powers necessary and convenient to exercise the commissioner’s function.

This provision is not necessary, because the Legislation Act, section 196 provides that a provision of a law that gives a function to an entity (including a person) also gives the entity powers necessary and convenient to exercise the function.

The discrimination commissioner is appointed by the Executive.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

The commissioner must be appointed for a term of not longer than 7 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict , pt 1, def appoint).

Existing section 112 (1) is remade, in an updated form, as new section 113. Standard notes about appointments are also inserted.

The part of section 112 setting up the office of Discrimination Commissioner has been moved to a separate section in accordance with current drafting practice (see new section 111).

Existing section 112 (2) is remade, in an updated form, as new section 114. The existing subsection included an unnecessary reference to the commissioner holding office for the period stated in the instrument of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment (which this provision does), the instrument of appointment must state the period for which the appointment is made.

Existing section 112 (2) also included an unnecessary reference to reappointment. The Legislation Act, section 208 provides that a person may be reappointed to a position if the person is eligible to be appointed to the position. A standard note about section 208 is also inserted.

Existing section 114 dealt with resignation. This is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns. A note to this effect is inserted in section 115 by the next amendment.

The Executive may end the appointment of the commissioner for misbehaviour or physical or mental incapacity.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The commissioner holds the position on the conditions (if any) about matters not provided for by this Act that are decided by the Minister in writing.

This amendment updates language and inserts a standard note about the ending of an appointment.