2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Environment Protection Act 1997 3

Part 1.2 Mental Health (Treatment and Care) Act 1994 4

Part 3.1 Agents Act 2003 12

Part 3.2 Animal Diseases Act 2005 13

Part 3.3 Animal Welfare Regulation 2001 14

Part 3.4 Architects Act 2004 15

Part 3.5 Architects Regulation 2004 16

Part 3.6 Associations Incorporation Act 1991 17

Part 3.7 Board of Senior Secondary Studies Act 1997 18

Part 3.8 Building Act 2004 19

Part 3.9 Building and Construction Industry Training Levy Act 1999 21

Part 3.10 Building (General) Regulation 2008 21

Part 3.11 Casino Control Act 2006 22

Part 3.12 Children and Young People Act 2008 23

Part 3.13 Civil Law (Wrongs) Act 2002 24

Part 3.14 Clinical Waste Act 1990 24

Part 3.15 Commissioner for the Environment Act 1993 25

Part 3.16 Common Boundaries Act 1981 26

Part 3.17 Construction Occupations (Licensing) Act 2004 27

Part 3.18 Consumer Credit (Administration) Act 1996 29

Part 3.19 Coroners Act 1997 30

Part 3.20 Court Procedures Act 2004 30

Part 3.21 Credit Act 1985 31

Part 3.22 Dangerous Substances (Explosives) Regulation 2004 32

Part 3.23 Domestic Animals Act 2000 33

Part 3.24 Duties Act 1999 34

Part 3.25 Education Act 2004 37

Part 3.26 Electricity Safety Act 1971 37

Part 3.27 Emergencies Act 2004 38

Part 3.28 Environment Protection Act 1997 39

Part 3.29 Environment Protection Regulation 2005 39

Part 3.30 Fair Trading (Consumer Affairs) Act 1973 40

Part 3.31 Firearms Act 1996 41

Part 3.32 Firearms Regulation 2008 42

Part 3.33 First Home Owner Grant Act 2000 42

Part 3.34 Gas Safety Act 2000 43

Part 3.35 Gene Technology Act 2003 43

Part 3.36 Guardianship and Management of Property Act 1991 44

Part 3.37 Guardianship and Management of Property Regulation 1991 45

Part 3.38 Health Professionals Act 2004 46

Part 3.39 Health Professionals Regulation 2004 48

Part 3.40 Health Records (Privacy and Access) Act 1997 51

Part 3.41 Heritage Act 2004 51

Part 3.42 Housing Assistance Act 2007 52

Part 3.43 Independent Competition and Regulatory Commission Act 1997 53

Part 3.44 Intoxicated People (Care and Protection) Act 1994 54

Part 3.45 Lakes Act 1976 55

Part 3.46 Land Rent Act 2008 56

Part 3.47 Lands Acquisition Act 1994 57

Part 3.48 Land Titles Act 1925 58

Part 3.49 Legal Profession Act 2006 59

Part 3.50 Liquor Act 1975 62

Part 3.51 Major Events Security Act 2000 64

Part 3.52 Medicines, Poisons and Therapeutic Goods Act 2008 65

Part 3.53 Mental Health (Treatment and Care) Act 1994 69

Part 3.54 Mercantile Law Act 1962 70

Part 3.55 Notaries Public Act 1984 70

Part 3.56 Partnership Act 1963 71

Part 3.57 Payroll Tax Act 1987 73

Part 3.58 Planning and Development Act 2007 75

Part 3.59 Plant Diseases Act 2002 76

Part 3.60 Prohibited Weapons Act 1996 77

Part 3.61 Public Health Act 1997 78

Part 3.62 Racing Act 1999 79

Part 3.63 Rates Act 2004 81

Part 3.64 Roads and Public Places Act 1937 84

Part 3.65 Road Transport (Driver Licensing) Regulation 2000 88

Part 3.66 Road Transport (Public Passenger Services) Regulation 2002 89

Part 3.67 Sale of Motor Vehicles Act 1977 90

Part 3.68 Second-hand Dealers Regulation 2002 91

Part 3.69 Taxation Administration Act 1999 92

Part 3.70 Transplantation and Anatomy Act 1978 94

Part 3.71 Tree Protection Act 2005 97

Part 3.72 Trustee Companies Act 1947 97

Part 3.73 Uncollected Goods Act 1996 98

Part 3.74 Utilities Act 2000 99

Part 3.75 Utilities (Electricity Restrictions) Regulation 2004 99

Part 3.76 Utilities (Gas Restrictions) Regulation 2005 100

Part 3.77 Waste Minimisation Act 2001 101

Part 3.78 Waste Minimisation Regulation 2001 103

Part 3.79 Water Resources Act 2007 104

Part 3.80 Wills Act 1968 105

Part 4.1 Environment Protection Act 1997 106

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend legislation 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 2009.

This Act commences on the 21st day after its notification day.

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

The purpose of this Act is to improve the quality of the statute law of the Territory by amending legislation for the purpose of statute law revision.

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

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

This Act amends the legislation mentioned in schedules 1 to 3.

This Act repeals the legislation mentioned in schedule 4.

(1) This section applies to a notifiable instrument under any of the following provisions:

• section 25 (Consultation on draft environment protection policy);

• section 41 (Notification of environmental protection agreements);

• section 48 (Consultation on application for environmental authorisation);

• section 50 (Notification of grant);

• section 59 (Notification of review of environmental authorisations).

(2) If the notifiable instrument does not state when the instrument expires, the instrument expires 6 months after the day it is notified.

Explanatory note

The Act requires public notice (by way of notification on the ACT legislation register) of the making of applications for environmental authorisations and the granting or review of environmental authorisations. Environmental authorisations can cover things as diverse as holding outdoor concerts to running pest control operations. Once a notice has been notified or, in the case of applications for authorisations, the period for public consultation has ended, there is little value in the notifications remaining current.



While future notices may include expiry clauses, this amendment includes a provision in the Act that automatically expires notices once they have served their purpose. The expired notices will still be available on the legislation register, but will appear under the ‘repealed’ heading. This will ensure that only truly current instruments are included under the ‘current’ heading on the register, making it easier to access them.

(1) An official is not civilly liable for conduct engaged in honestly and without recklessness—

(a) in the exercise of a function under this Act; or

(b) in the reasonable belief that the conduct was in the exercise of a function under this Act.

(2) Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.

(3) In this section:

conduct means an act or omission to do an act.

official means—

(a) the chief psychiatrist; or

(b) the care coordinator; or

(c) a mental health officer; or

(d) an official visitor; or

(e) anyone else exercising a function under this Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

This amendment inserts a standard provision to make it clear that officials exercising functions under the Act are protected from any civil liability that may arise in the proper exercise of those functions.

(1) This section applies if a legislative instrument, or a statutory instrument entered on the register under section 19 (3), is unnamed or the name it gives to itself—

Section 60 ensures that legislative instruments notified on the legislation register are named correctly, in line with current legislative drafting practice It provides for names to be added to unnamed instruments and sets out the limited circumstances in which the name of an instrument may be corrected to bring it into line with current legislative drafting practice. Consistent naming of instruments makes them easier for users to find, therefore enhancing access to legislation.

The amendment will extend the section to statutory instruments added to the register under section 19 (3) (Contents of register). That section includes provision for certain statutory instruments to be added to the register as ‘additional material’ if the parliamentary counsel considers it is likely to be helpful to users of the register. For example, appointments of public servants to various statutory bodies are generally not notifiable but can be included on the register for public information, where appropriate. The amendment will ensure that the naming conventions for legislative instruments apply also to this additional material.

another legislative instrument

another instrument

This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.

other legislative instruments

other instruments

This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.

the legislative instrument

the instrument

This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.

a legislative instrument

an instrument

This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.

(b) the heading of the relevant amending provision of the amending law;

The existing paragraph refers to the ‘heading of the relevant amending provision of the amending Act’. This amendment remakes the paragraph so that it is consistent with the rest of section 91 (9), which refers to ‘the amending law’.

(1) In an Act or statutory instrument, a definition of a term that includes the word ‘see’ followed by a reference to a law or instrument (a signpost definition) means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time.

1 A signpost definition ‘food—see section 10.’ in the dictionary to an Act means that the word ‘food’ when used in the Act has the same meaning as it has in section 10, as in force from time to time.

2 A signpost definition ‘injury—see the XYZ Act 2001, dictionary.’ in the dictionary to another Act means that the word ‘injury’, when used in the other Act, has the same meaning as it has in the definition of injury in the XYZ Act 2001, dictionary, as in force from time to time.

3 A signpost definition ‘OH&S Council—see the XYZ Act 2000, dictionary, definition of council.’ means that the expression ‘OH&S Council’ has the same meaning as the word ‘council’ has in the definition of council in the XYZ Act 2000, dictionary, as in force from time to time.

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).

The term ‘signpost definition’ is not currently defined in the Act, dictionary, part 1. However, it is used in the heading to section 131 and in notes, and in provisions and notes in other Acts. This amendment remakes the subsection to include the words in brackets to make clear that the definition described is a signpost definition.

(1) In an Act or statutory instrument, a reference to a person generally includes a reference to a corporation as well as an individual.

This amendment revises section 160 (1) to make clear that the provision is giving meaning to the term ‘person’ and to enable a signpost definition for the term to be inserted in the dictionary.

AS—see section 164 (1) (References to Australian Standards etc).

AS/NZS—see section 164 (2) (References to Australian Standards etc).

Australian/New Zealand Standard—see section 164 (2) (References to Australian Standards etc).

Australian Standard—see section 164 (1) (References to Australian Standards etc).

This amendment inserts signpost definitions for terms given meaning by section 164.

daily newspaper means a daily newspaper circulating generally in the ACT.

This amendment inserts a definition of daily newspaper into the Legislation Act, dictionary, part 1 (Meaning of commonly-used terms). Including the term in the Legislation Act will simplify the statute book, as the term is currently used in over 50 Acts and regulations.

person—see section 160 (References to people generally).

This amendment is consequential on changes made to section 160 (1) by another amendment.

This amendment is consequential on an amendment of the Liquor Act 1975 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.417 omitting divisions 2.1 and 2.2 of that Act. Division 2.2 established the positions of Registrar and Deputy Registrar of Liquor Licences. The amendment replaced those positions with the commissioner for fair trading.

This amendment is consequential on changes made to section 131 (1) by another amendment.

signpost definition—see section 131 (Signpost definition).

This amendment inserts a definition of ‘signpost definition’ to make clear that section 131 is giving meaning to the term ‘signpost definition’.

sitting day, of the Legislative Assembly, means a period that commences on a day the Assembly meets and continues until the Assembly next adjourns.

Note A sitting day may continue for 1 or more days.

This amendment makes the Legislation Act definition of sitting day consistent with the practice of the Legislative Assembly.

daily ACT newspaper

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating generally in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

authorised person

authorisation holder

This amendment is consequential on the replacement of authorised person with authorisation holder in the Act.

Authorised people

Authorisation holders

This amendment is consequential on the replacement of authorised person with authorisation holder in the Act.

The regulations

A regulation

These amendments update language in line with current legislative drafting practice.

prescribed under the regulations

prescribed by regulation

These amendments update language in line with current legislative drafting practice.

the regulations

a regulation

This amendment updates language in line with current legislative drafting practice.

This amendment omits the definition of a term that is not used in the Act.

, in writing,

• section 8 (4)

• section 87 (2)

• section 91 (1)

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.

daily ACT newspaper

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment is consequential on the omission of the definition of daily ACT newspaper from the Act, by another amendment.

(b) vest in a fund, authority or institution in Australia mentioned in the Income Tax Assessment Act 1997 (Cwlth), subdivision 30-B that—

(i) has been nominated for this paragraph in the rules of the former association; or

(ii) if a fund, authority or institution in Australia is not nominated in the rules—has been nominated by special resolution of the former association; or

This amendment is consequential on the repeal of the Income Tax Assessment Act 1936 (Cwlth), section 78 (the repealed provision ) by the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 (Cwlth). The Income Tax Assessment Act 1997 (Cwlth), subdivision 30-B replaces the repealed provision.

Secondary College Principals’ Association

ACT Principals’ Association Inc.

This amendment is consequential on the amalgamation of the Secondary College Principals’ Association with other principals’ associations for college, high school and primary school to become the ACT Principals’ Association Inc.

specialist building work

building work

Under the Act, section 9, specialist building work is defined to include building work prescribed by regulation as specialist building work. The Building Regulation 2004 (the old Regulation) prescribed specialist building work to include building work that involves handling asbestos, other than bonded asbestos that forms part of a residential building, or disturbing friable asbestos. The old Regulation also prescribed, for the Act, section 6, definition of building work, building work that involves handling asbestos or disturbing friable asbestos. The Building (General) Regulation 2008 (which replaces the old Regulation) contains a similar provision for the Act, section 6, definition of building work, however, it no longer prescribes anything for the Act, section 9, definition of specialist building work. Consequently, the reference to ‘specialist building work’ in section 42A (1) has been amended to reflect that change.

daily ACT newspaper

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

This amendment is consequential on the omission of the defined term by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

Note The Building (General) Regulation 2008, s 6 prescribes building work that is exempt from the application of the Building Act 2004, pt 3 (and pt 5 and pt 6).

This amendment is consequential on the replacement of the Building Regulation 2004 with the Building (General) Regulation 2008.

registrar of liquor licences

commissioner for fair trading

This amendment is consequential on an amendment of the Liquor Act 1975 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.417 omitting divisions 2.1 and 2.2 of that Act. Division 2.2 established the positions of Registrar and Deputy Registrar of Liquor Licences. The amendment replaced those positions with the commissioner for fair trading.

• commissioner for fair trading

This amendment is consequential on another amendment in this part. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

newspaper published daily and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

tribunal

ACAT

This amendment is consequential on an amendment of the Mental Health (Treatment and Care) Act 1994 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.497, which omitted part 3. Part 3 established the Mental Health Tribunal. This amendment replaces the tribunal with the ACAT.

This amendment is consequential on the inclusion in the Act, dictionary of a revised definition of operating entity made by another amendment.

operating entity, for a detention place, therapeutic protection place or place of care, means—

(a) if the Territory operates the place—the chief executive; or

(b) in any other case—the entity that operates the place.

This amendment revises the definition of operating entity to clarify that the term is defined in relation to a detention place, as well as a therapeutic protection place or place of care, because the term is used in relation to a detention place in the Act, part 2.3 (Official visitors).

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

Note 1 Function includes authority, duty and power (see Legislation Act, dict, pt 1).

Note 2 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 standard notes about functions of an entity.

Under the existing provision, the commissioner is given the powers necessary and convenient for the performance of the commissioner’s functions. This amendment omits the provision because this is dealt with by the note following section 12 (1), inserted by another amendment.

(7) In this section:

reporting day, for a reporting period, means the day determined by the Minister under subsection (5) for that period.

reporting period means the period determined by the Minister under subsection (5).

The existing definition of reporting period includes a reporting period ending on 30 June 2000, and the existing definition of reporting day provides that the reporting day for that period is 30 November 2000. Under the Act, section 19 (1) the commissioner is required to give the Minister a state of the environment report for each reporting period, not later than the reporting day for the period. This amendment revises the definitions of reporting day and reporting period to omit references to a reporting day and period that are no longer needed.

This amendment omits definitions of terms no longer used in the Act as a consequence of amendments of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2), schedule 1, part 1.22. Part 1.22 replaced the Small Claims Court with the ACAT and made related amendments.

rules means the rules under the ACT Civil and Administrative Tribunal Act 2008.

This amendment updates the definition of rules as a consequence of amendments of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2), schedule 1, part 1.22. Part 1.22 replaced the Small Claims Court with the ACAT and made related amendments. Rules for the Act are now made under the ACT Civil and Administrative Tribunal Act 2008.

inquiry notice

This amendment omits signpost definitions of terms no longer used in the Act as a consequence of amendments of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2), schedule 1, part 1.22. Part 1.22 replaced the Small Claims Court with the ACAT and made related amendments.

This amendment omits a redundant definition.

building certification service—see section 9 (2).

building service—see section 8 (2).

construction service—see section 6 (2).

This amendment inserts signpost definitions in the dictionary for definitions that appear elsewhere in the Act.

This amendment omits the definition of a term that is not used in the Act.

electrical wiring service—see section 11 (2).

gasfitting service—see section 12 (2).

plumbing plan certification service—see section 14 (2).

plumbing service—see section 13 (2).

sanitary drainage service—see section 10 (2).

This amendment inserts signpost definitions in the dictionary for definitions that appear elsewhere in the Act.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published and circulating in the Territory

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment omits the definition of an entity that no longer exists as a consequence of an amendment of the Utilities Act 2000 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2), schedule 1, amendment 1.522. That amendment substituted parts 11 and 12 of the Utilities Act 2000. Former part 11 established the Energy and Water Consumer Council.

This amendment omits a signpost definition as a consequence of an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.194, which omitted the definition of tribunal.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• credit tribunal

This amendment is consequential on an amendment of the Legislation Act, dictionary, part 1 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.410, which omits the definition of credit tribunal. That definition was omitted because the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.168 also amended the Consumer Credit (Administration) Act 1996 by substituting part 4 and part 5 of that Act. Former part 4 established the credit tribunal. The functions of the tribunal were taken over by the ACAT.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

(d) medical benefits insurance effected by a contract of insurance that is issued by a private health insurer registered under the Private Health Insurance Act 2007 (Cwlth), part 4.3 and that provides hospital benefits or medical benefits (or both), whether or not other benefits are also provided;

This amendment is consequential on the replacement of the National Health Act 1953 (Cwlth), part 6 with the Private Health Insurance Act 2007 (Cwlth), part 4.3.

(2) Duty payable on an application to register a passenger motor vehicle that has a dutiable value of $45 000 or more and is constructed primarily for the carriage of not more than 9 occupants is payable on the dutiable value of the vehicle at the determined rate.

This amendment updates language in line with current drafting practice.

(4) In this section:

passenger motor vehicle—

(a) includes any of the following:

(i) sedan;

(ii) station wagon;

(iii) coupe;

(iv) convertible;

(v) 4-wheel drive vehicle with seats for 4 or more people;

(vi) 2-wheel drive panel van with seats for 4 or more people;

(vii) 3-wheel car;

(viii) forward-control passenger vehicle;

(ix) small bus (seating not more than 9 people, including the driver);

(x) motor home;

(xi) snow vehicle; but

(b) does not include any of the following:

(i) motorcycle (with or without a sidecar);

(ii) large bus (seating 10 or more people, including the driver);

(iii) hearse;

(iv) invalid conveyance.

This amendment inserts a new definition consequential on the revision of section 208 (2) by another amendment.

(a) both the following paragraphs apply:

(i) the applicant has served in the Defence Force or in any other armed forces of Her Majesty and who, because of that service—

(A) has lost a leg or both arms or has had a leg, or both arms, rendered permanently and wholly useless; or

(B) receives a pension under the Veterans’ Entitlements Act 1986 (Cwlth), part 2 and is a veteran (within the meaning of that part) to whom that Act, section 24 applies; or

(C) receives a special rate disability pension under the Military Rehabilitation and Compensation Act 2004 (Cwlth) or is eligible to make a choice under that Act, section 199;

(ii) the vehicle is for the applicant’s own transportation; or

This amendment is consequential on the enactment of the Military Rehabilitation and Compensation Act 2004 (Cwlth) which applies to injury, disease or death occurring as a result of service in the Defence Force on or after 1 July 2004. The Veterans’ Entitlements Act 1986 (Cwlth) continues to apply to injuries or illness from eligible service in the Defence Force before 1 July 2004.

Crown lease includes a lease of land granted by or in the name of the Commonwealth or by the Federal Capital Commission.

Note The Federal Capital Commission was appointed under the Seat of Government (Administration) Act 1924 (Cwlth) (repealed).

This amendment updates the definition of Crown lease to include a reference to the repeal of the Seat of Government (Administration) Act 1924 (Cwlth). That Act was repealed by the Seat of Government (Administration) Act 1930 (Cwlth).

daily newspaper printed and published in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating generally in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating generally in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment omits a definition made redundant by the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

tranquiliser firearm

powerhead

Section 73 deals with permits for the acquisition, possession and use of a powerhead. This amendment corrects an incorrect reference to tranquiliser firearm. Permits for tranquiliser firearms are dealt with under section 72.

reviewable decision, for part 16 (Notification and review of decisions)—see section 74.

This amendment inserts a signpost definition into the dictionary for a term defined for part 16 of the Act.

Australian citizen means a person who is an Australian citizen under the Australian Citizenship Act 2007 (Cwlth).

This amendment is consequential on the repeal of the Australian Citizenship Act 1948 (Cwlth) and the enactment of the Australian Citizenship Act 2007 (Cwlth).

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

This amendment omits redundant headings.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.292, which omitted part 4. Part 4 established the Guardianship and Management of Property Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.292, which omitted part 4. Part 4 established the Guardianship and Management of Property Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.292, which omitted part 4. Part 4 established the Guardianship and Management of Property Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.292, which omitted part 4. Part 4 established the Guardianship and Management of Property Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.319, which substituted part 7. Former part 7 established the Health Professionals Tribunal. The functions of the tribunal were taken over by the ACAT.

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.319, which substituted part 7. Former part 7 established the Health Professionals Tribunal. The functions of the tribunal were taken over by the ACAT.

health professions tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.319, which substituted part 7. Former part 7 established the Health Professionals Tribunal. The functions of the tribunal were taken over by the ACAT.

ground for occupational discipline, in relation to a health professional—see section 41.

(a) for this Act generally—see section 14; and

(b) for part 7 (Occupational discipline—health professionals)—see section 40.

This amendment inserts signpost definitions for terms that are defined elsewhere in the Act.

AVBC, for schedule 12 (Veterinary Surgeons)—see schedule 12, section 12.1.

chiropractor—

(a) for schedule 13 (Chiropractors)—see schedule 13, section 13.1; and

(b) for schedule 14 (Osteopaths)—see schedule 14, section 14.1.

close relative, of a pharmacist, for schedule 5 (Pharmacists)—see schedule 5, section 5.1.

community pharmacy, for schedule 5 (Pharmacists)—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

dental care provider, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

dental hygienist, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

dental procedure, for schedule 6 (Dentists, dental hygienists and dental therapists)— see schedule 6, section 6.1.

dental therapist, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

dentist, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

dentist procedure, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

general dental procedure, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

medical practitioner, for schedule 2 (Medical practitioners)—see schedule 2, section 2.1A.

midwife, for schedule 4 (Midwives)—see schedule 4, section 4.1.

optometrist, for schedule 11 (Optometrists)—see schedule 11, section 11.1.

osteopath—

(a) for schedule 13 (Chiropractors)—see schedule 13, section 13.1; and

(b) for schedule 14 (Osteopaths)—see schedule 14, section 14.1.

pharmacist, for schedule 5 (Pharmacists)—see schedule 5, section 5.1.

pharmacy, for schedule 5 (Pharmacists)—see schedule 5, section 5.1.

physiotherapist, for schedule 10 (Physiotherapists)—see schedule 10, section 10.1.

podiatric surgeon, for schedule 9 (Podiatrists)—see schedule 9, section 9.1.

podiatrist, for schedule 9 (Podiatrists)—see schedule 9, section 9.1.

prescribed election voter, for an election of a prescribed member of a health profession board, for part 2.3 (Elections)—see section 23.

prescribed member, of a health profession board, for part 2.3 (Elections)—see section 23.

psychologist, for schedule 7 (Psychologists)—see schedule 7, section 7.1.

This amendment inserts signpost definitions in the dictionary for definitions that appear elsewhere in the regulation.

regulatory authority, for a schedule, means the regulatory authority, as defined in the first section of the schedule.

This amendment replaces a signpost definition in the dictionary for a definition that appears in the schedules.

under the supervision of a dentist, for a procedure carried out by a dental hygienist or dental therapist, for schedule 6 (Dentists, dental hygienists and dental therapists)—see schedule 6, section 6.1.

veterinary surgeon, for schedule 12 (Veterinary Surgeons)—see schedule 12, section 12.1.

This amendment inserts signpost definitions in the dictionary for definitions that appear elsewhere in the regulation.

This amendment omits a reference to the Magistrates Court Act 1930, section 275 which was repealed by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.484.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

This amendment is consequential on amendments by the Housing Assistance Amendment Act 2008 that inserted new reviewable decisions.

This amendment is consequential on amendments by the Housing Assistance Amendment Act 2008 that inserted new reviewable decisions.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment omits a definition that is made unnecessary because of a change to the definition of Lake Burley Griffin by another amendment.

Lake Burley Griffin means the waters of the Molonglo River between Scrivener Dam and Sylvia Curley bridge.

This amendment is consequential on the change in name of dairy bridge to Sylvia Curley Bridge.

Sylvia Curley bridge means the bridge by which Dairy Road is carried across the Molonglo River.

This amendment inserts a new definition consequential on the change to the definition of Lake Burley Griffin by another amendment.

(2) The commissioner must give the applicant written notice of—

(a) the decision under subsection (1); and

(b) if the discount is refused—the reasons for the refusal.

This amendment revises the provision to omit an unnecessary reference to a written statement and to make it clear that the commissioner must give written notice of the decision under subsection (1) and, if a discount is refused, the reasons for the refusal.

(1) The Minister may determine fees for this Act.

Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

This amendment remakes the subsection and removes the existing reference to the determination being in writing. The reference is unnecessary because Ministerial fee determinations are disallowable instruments, which must be in writing (see Legislation Act, s 42 (2)).

lessee, in relation to a proposed land rent lease, for part 3 (Land rent—discount)—see section 9.

This amendment inserts a signpost definition in the dictionary for a part 3 definition.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

disciplinary tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.403, which omitted part 7.2. Part 7.2 established the Legal Practitioners Disciplinary Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.403, which omitted part 7.2. Part 7.2 established the Legal Practitioners Disciplinary Tribunal. The functions of the tribunal were taken over by the ACAT.

(1) If the ACAT finds an Australian legal practitioner guilty of unsatisfactory professional conduct or professional misconduct, the ACAT must order the practitioner to pay costs (including costs of the relevant council and the complainant), unless the ACAT is satisfied that exceptional circumstances exist.

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.403, which omitted part 7.2. Part 7.2 established the Legal Practitioners Disciplinary Tribunal. The functions of the tribunal were taken over by the ACAT.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.403, which omitted part 7.2. Part 7.2 established the Legal Practitioners Disciplinary Tribunal. The functions of the tribunal were taken over by the ACAT.

This amendment is consequential on another amendment which omits the heading to the Act, part 7.1.

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.403, which omitted part 7.2. The only remaining part in chapter 7 is part 7.1 (Admissions board). This amendment omits the heading to part 7.1 because it is no longer needed.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

registrar

commissioner

This amendment is consequential on an amendment of the Liquor Act 1975 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.417 omitting divisions 2.1 and 2.2 of that Act. Division 2.2 established the positions of Registrar and Deputy Registrar of Liquor Licences. The amendment replaced those positions with the commissioner for fair trading.

document of identification, of a person, for division 10.2 (Under-age drinking)—see section 151.

driver licence, for division 10.2 (Under-age drinking)—see section 151.

This amendment updates the dictionary by including signpost definitions for terms defined for division 10.2.

liquor—

(a) for this Act generally, means a beverage that contains more than 1.15% by volume of ethyl alcohol; and

(b) for division 10.2 (Under-age drinking)—see section 151.

This amendment adds a signpost definition for the term in division 10.2.

(a) for this Act generally, means a card issued under section 175 (1); and

(b) for division 10.2 (Under-age drinking)—see section 151.

This amendment adds a signpost definition for the term in division 10.2.

responsible adult, for another person, for division 10.2 (Under-age drinking)—see section 151.

This amendment updates the dictionary by including a signpost definition for the term defined for division 10.2.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

(b) the dealings with regulated substances or regulated therapeutic goods to which the licence relates;

The existing paragraph provides that in deciding whether an individual is a suitable person to hold a licence, the chief health officer must have regard to ‘the dealings to which the licence relates’. However, the term ‘deals’ is defined in section 19 and section 21 in the context of regulated substances or regulated therapeutic goods and most uses of the term ‘dealings’ in the Act are to dealings with a regulated substance or therapeutic good (eg s 81 (3) (a) and s 152 (1) (b)). This amendment brings the reference to ‘dealings’ in the paragraph into line with other uses of the term in the Act by providing the context for the use of the term.

section 93 (Changes affecting suitability to hold licence)

section 93 (Licensee to keep chief health officer informed)

This amendment is consequential on the amendment of the heading to section 93 by an amendment in schedule 1.

(a) if a form is approved under section 198 for an application under section 84 (1)—the application does not include the information and any documents required by the application form; or

This provision refers to a failure to provide information and any documents required by ‘the application form’ for a licence. However, the use of an application form is not otherwise required under the Act unless a form for the application is approved under section 198. This amendment amends the paragraph to add the qualification of ‘if a form is approved under section 198 for an application under section 84 (1)’.

(a) what licence it is or the dealings with regulated substances or regulated therapeutic goods authorised by the licence;

The existing paragraph provides that a licence must include ‘what licence it is or the dealings authorised by the licence’. However, the term ‘deals’ is defined in section 19 and section 21 in the context of regulated substances or regulated therapeutic goods and most uses of the term ‘dealings’ in the Act are to dealings with a regulated substance or therapeutic good (eg s 81 (3) (a) and s 152 (1) (b)). This amendment brings the reference to ‘dealings’ in the paragraph into line with other uses of the term in the Act by providing the context for the use of the term.

section 93 (Changes affecting suitability to hold licence)

section 93 (Licensee to keep chief health officer informed)

This amendment is consequential on the amendment of the heading to section 93 by an amendment in schedule 1.

(a) a condition about—

(i) the supervision of the dealings; and

(ii) the security of regulated substances and regulated therapeutic goods and of premises where regulated substances and regulated therapeutic goods are stored; and

(iii) the keeping of records about the dealings; and

The references to ‘dealings’ in existing section 90 (2) (a) (i) and (iii) are amended to refer to ‘the dealings’ to provide a context for the use of the term. The headwords to existing section 90 (2) provide that the chief health officer may include a condition in a licence to ensure that regulated substances and regulated therapeutic goods are properly dealt with under the licence. The revised references to ‘the dealings’ will refer back to the reference to ‘dealt’ in the subsection’s headwords.

This amendment omits a redundant provision. The paragraph effectively duplicates section 102 (1) (a).

(3) If a sample of a substance taken by a medicines and poisons inspector is in the form of separate or severable objects, the inspector—

(a) may take a number of the objects; and

(b) if the inspector takes a number of the objects, must—

(i) divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and

(ii) deal with the sample under subsection (2) (b) to (d).

Under the existing provision the word ‘may’ qualifies an inspector’s actions about dividing and dealing with the samples. Once a sample is taken, the procedure for dividing and dealing with the sample should be mandatory. This amendment brings the provision into line with the Work Safety Act 2008, section 113 (3) which provides that if a sample is taken, it ‘must’ be divided and dealt with in the stated way.

(e) the suitability of premises (including vehicles) in relation to dealings with regulated things; and

(f) the supervision of dealings with regulated things; and

The existing paragraphs relate to ‘dealings’. However, the term ‘deals’ is defined in section 19 and section 21 in the context of regulated substances or regulated therapeutic goods and most uses of the term ‘dealings’ in the Act are to dealings with a regulated substance or therapeutic good (eg s 81 (3) (a) and s 152 (1) (b)). This amendment brings the reference to ‘dealings’ in the paragraph into line with other uses of the term in the Act by providing the context for the use of the term.

section 93 (Changes affecting suitability to hold licence)

section 93 (Licensee to keep chief health officer informed)

This amendment is consequential on the amendment of the heading to section 93 by an amendment in schedule 1.

tribunal

ACAT

This amendment is consequential on an amendment of the Act made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.497, which omitted part 3. Part 3 established the Mental Health Tribunal. The functions of the tribunal were taken over by the ACAT.

daily newspaper published in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

newspaper circulating daily in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

The regulations

A regulation

This amendment updates language in line with current legislative drafting practice.

the regulations

a regulation

This amendment updates language in line with current legislative drafting practice.

(6) A regulation may prescribe—

(a) offences for contraventions of a regulation; and

(b) maximum penalties of not more than 10 penalty units for offences against a regulation.

This amendment updates language in line with current legislative drafting practice.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

registered information, for part 6 (Incorporated limited partnerships)—see section 59 (4) (Registration of incorporated limited partnership).

This amendment inserts a signpost definition in the dictionary for a part 6 definition.

eligible termination payment

employment termination payment

This amendment updates language as a consequence of changes made to Commonwealth legislation (see Income Tax Assessment Act 1997 (Cwlth), s 82-130).

(ii) an unused long service leave payment;

This amendment updates language as a consequence of changes made to Commonwealth legislation (see Income Tax Assessment Act 1997 (Cwlth), s 83-75).

Income Tax Assessment Act 1936 (Cwlth), part 3 (Liability to taxation), division 2 (Income), subdivision AA (Superannuation, termination of employment and kindred payments)

Income Tax Assessment Act 1936 (Cwlth), part 3 (Liability to taxation), division 2 (Income), subdivision AA (Non-superannuation entities etc)

This amendment updates the name of subdivision AA as a consequence of a change in name of the subdivision (see Superannuation Legislation Amendment (Simplification) Act 2007 (Cwlth), sch 1, pt 2, item 59).

annual leave—see the Income Tax Assessment Act 1997 (Cwlth), section 83-10 (1) (Unused annual leave payment is assessable).

This amendment is consequential on the omission of the definition of annual leave from the Income Tax Assessment Act 1936 (Cwlth), and its insertion in the Income Tax Assessment Act 1997 (Cwlth).

employment termination payment—see the Income Tax Assessment Act 1997 (Cwlth), section 82-130 (What is an employment termination payment?).

This amendment is consequential on the substitution of employment termination payment for eligible termination payment by another amendment.

unused long service leave payment—see the Income Tax Assessment Act 1997 (Cwlth), section 83-75 (Meaning of unused long service leave payment).

This amendment is consequential on the amendment of section 2 (2) (i) (ii) by another amendment.

• administrative appeals tribunal

This amendment is consequential on the repeal of the Administrative Appeals Tribunal Act 1989 by the ACT Civil and Administrative Tribunal Act 2008, section 119. The Administrative Appeals Act 1989 established the Administrative Appeals Tribunal. This amendment omits reference to that tribunal.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

completed—

(a) for an EIS—see section 209; and

(b) for a s 125-related EIS—see section 209A.

This amendment amends the definition to insert a signpost definition for the additional meaning of completed in section 209A.

single dwelling house lease, for chapter 9 (Leases and licences)—see section 234.

technical variation, of a plan of management, for part 10.4 (Plans of management for public land)—see section 318.

This amendment inserts new signpost definitions in the dictionary for the Act.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

(a) a daily newspaper; and

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

Note Daily newspaper—see the Legislation Act, dictionary, pt 1.

This amendment inserts a new note to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

(2) If the Minister acts under subsection (1), the Minister must ensure that, not later than 7 sitting days after the day the Minister takes the action—

(a) the Legislative Assembly is told of the action; and

(b) a copy of the commission’s advice is presented to the Assembly.

This amendment updates language in line with current legislative drafting practice.

An appeal mentioned in section 47 must be filed with the registrar not later than—

(a) 7 days after the day the appellant is told of the decision from which the appeal is made; or

(b) if the tribunal allows the appeal to be filed by a later time—that time.

This amendment updates language in accordance with current legislative drafting style.

1987 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.

1998 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.

ACT jockey, for part 5A (Jockeys accident insurance)—see section 61A.

applied NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.

injury, for part 5A (Jockeys accident insurance)—see section 61A.

NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.

NSW jockey, for part 5A (Jockeys accident insurance)—see section 61A.

Racing NSW, for part 5A (Jockeys accident insurance)—see the Thoroughbred Racing Act 1996 (NSW), section 3.

special insurance scheme, for NSW jockeys, for part 5A (Jockeys accident insurance)—see section 61A.

This amendment inserts signpost definitions in the dictionary for part 5A definitions.

(c) a person who has been given a card or other written authority by the Commonwealth that evidences the person’s eligibility under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth) to be given treatment for all injuries suffered, and all diseases contracted, by the person; or

This amendment is consequential on the enactment of the Military Rehabilitation and Compensation Act 2004 (Cwlth) which applies to injury, disease or death occurring as a result of service in the Defence Force on or after 1 July 2004. The Veterans’ Entitlements Act 1986 (Cwlth) continues to apply to injuries or illness from eligible service in the Defence Force before 1 July 2004.

(f) a person who—

(i) was in a partnership until the death of the person’s partner; and

(ii) would be eligible under the Veterans’ Entitlements Act 1986 (Cwlth), section 86 to be given treatment mentioned in paragraph (c) because of the partner’s death if the person were the partner’s dependant within the meaning of that Act, section 11; or

(g) a person who—

(i) was in a partnership until the death of the person’s partner; and

(ii) would be eligible under the Military Rehabilitation and Compensation Act 2004 (Cwlth), section 284 (1) to be given treatment mentioned in paragraph (c) because of the partner’s death if the person were the partner’s wholly dependant partner within the meaning of that Act, section 5.

This amendment is consequential on the enactment of the Military Rehabilitation and Compensation Act 2004 (Cwlth) which applies to injury, disease or death occurring as a result of service in the Defence Force on or after 1 July 2004. The Veterans’ Entitlements Act 1986 (Cwlth) continues to apply to injuries or illness from eligible service in the Defence Force before 1 July 2004.

This Act, def partner and def partnership apply to spouses and civil partners, but also extend to unmarried partners (irrespective of their sex) in domestic relationships within the meaning of the Domestic Relationships Act 1994, s 3. From 1 July 2009, the Military Rehabilitation and Compensation Act 2004 (Cwlth), s 5, def partner and def wholly dependent partner, the Social Security Act 1991 (Cwlth), s 4, def partner and the Veterans’ Entitlements Act 1986 (Cwlth), s 5E, def partner and s 11, def dependant apply to partners (or former partners) irrespective of their sex.

This amendment is consequential on the enactment of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (Cwlth), schedule 6, part 2 and schedule 15, which amend the definitions of partner in the Military Rehabilitation and Compensation Act 2004 (Cwlth), the Social Security Act 1991 (Cwlth) and the Veterans’ Entitlement Act 1986 (Cwlth) to include same-sex partners in married or marriage-like relationships.

special rate pensioner means a pensioner—

(a) who is being paid a pension under the Veterans’ Entitlements Act 1986 (Cwlth), part 2 and to whom that Act, section 24 applies; or

(b) who—

(i) is being paid a special rate disability pension under the Military Rehabilitation and Compensation Act 2004 (Cwlth), chapter 4, part 6; or

(ii) is eligible, under that Act, section 199, to make a choice under that Act, chapter 4, part 6.

This amendment is consequential on the enactment of the Military Rehabilitation and Compensation Act 2004 (Cwlth) which applies to injury, disease or death occurring as a result of service in the Defence Force on or after 1 July 2004. The Veterans’ Entitlements Act 1986 (Cwlth) continues to apply to injuries or illness from eligible service in the Defence Force before 1 July 2004.

within 7 days after

7 days after the day

This amendment clarifies a time limit and updates language in line with current legislative drafting practice.

(b) within 7 days after the day the notice is given, the owner applies for a permit to allow the object to remain in, over or across the public place and that application is refused;

This amendment clarifies a time limit and updates language in line with current legislative drafting practice.

has effect in relation

applies

This amendment updates language in line with current legislative drafting practice.

(d) the interests of people carrying on business near the place and, in particular, the interests of a person carrying on a business near the place similar to the business carried on by the applicant (if any); and

This amendment updates language in line with current legislative drafting practice.

The Minister may approve the grant of a permit under section 15C subject to any of the following conditions:

This amendment updates language in line with current legislative drafting practice.

(h) the applicant must be insured against the risk of liability that may be incurred because of the object for—

(i) death, bodily injury or illness; and

(ii) loss of, or damage to, property.

This amendment updates language in line with current legislative drafting practice.

(1) To ensure that an object a permit relates to is used for the purpose stated in the permit, the permit holder may decide who may use the object and any equipment or services provided for the object.

This amendment updates language in line with current legislative drafting practice.

(1) This section applies if—

(a) a permit authorising a person to place an object in, over or across a public place expires or is surrendered or cancelled; and

(b) the object is still in, over or across the public place.

(1A) The Minister must give the person who held the permit written notice requiring the person to remove the object from the public place within the period stated in the notice.

Note For the giving of documents, see the Legislation Act, pt 19.5.

(1B) For subsection (1A), the period must be at least 14 days after the notice is given.

This amendment updates language in line with current legislative drafting practice.

subsection (1)

subsection (1A)

This amendment updates a cross-reference as a consequence of another amendment updating language.

section 15M (1)

section 15M (1A)

This amendment updates a cross-reference as a consequence of another amendment updating language.

, and includes every public road

This amendment updates language in line with current legislative drafting practice.

registrar of liquor licences and to public servants assisting the registrar

commissioner for fair trading and to public servants assisting the commissioner

This amendment is consequential on an amendment of the Liquor Act 1975 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008, schedule 1, amendment 1.417 omitting divisions 2.1 and 2.2 of that Act. Division 2.2 established the positions of Registrar and Deputy Registrar of Liquor Licences. The amendment replaced those positions with the commissioner for fair trading.

• commissioner for fair trading

This amendment is consequential on another amendment in this part. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published and circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper circulating in the ACT

daily newspaper

This amendment is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment.

• daily newspaper

This amendment inserts a new term to assist users and is consequential on the insertion of a definition of daily newspaper in the Legislation Act, dictionary, part 1 by another amendment. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

daily newspaper published and circulating in the ACT