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This is a Bill, not an Act. For current law, see the Acts databases.
2019
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2019
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment Bill 2019
A Bill for
An Act to amend legislation for the purpose of statute law revision, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Statute Law Amendment Act 2019
.
(1) This Act (other than the following provisions) commences on the 14th day after its notification day:
• schedule 1, part 1.4
• schedule 1, part 1.6
• schedule 3, part 3.19.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Schedule 1, part 1.4 (Motor Accident Injuries Act 2019) and
schedule 3, part 3.19 (Motor Accident Injuries Act 2019) commence on
the commencement of the
, section 3.
(3) Schedule 1, part 1.6 (Public Sector Workers Compensation Fund Act 2018) commences 124 days after this Act’s notification day.
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
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.
5 Legislation amended—schs 1-3
This Act amends the legislation mentioned in schedules 1 to 3.
(see s 5)
Part 1.1 Cemeteries and Crematoria Act 2003
before
manage public cemeteries and crematoria
insert
develop, build and
Explanatory note
This amendment inserts words to clarify the functions of the cemeteries authority. Section 28A (1) currently states ‘the functions of the cemeteries authority are to effectively and efficiently manage public cemeteries and crematoria for which the authority has been appointed as the operator by the Minister’. As currently drafted, it is unclear whether section 28A (1) would allow the authority to develop and build a public cemetery or crematorium. This amendment clarifies that the functions of the cemeteries authority include developing and building public cemeteries and crematoria.
insert
(ba) the opening and closing of cemeteries and crematoria;
Explanatory note
This amendment inserts a new paragraph into the regulation-making power of
the
to include express provision about opening and closing a cemetery or
crematorium. Currently, the Act provides the Executive with a general
regulation-making power under section 51 (1) while section 51 (2) mentions
several matters a regulation may make provision in relation to. While section 51
(2) (b) mentions ‘the conduct of cemeteries and crematoria’ as such
a matter, it is unclear whether ‘conduct’ is broad enough to enable
a regulation to be made about opening or closing a cemetery or crematorium. This
amendment makes it clear that the Executive may make regulations in relation to
the opening and closing of cemeteries and crematoria.
Part 1.2 Financial Management Act 1996
substitute
(1) Unless provided elsewhere under this Act or another territory law, an amount must not be paid out of the territory banking account except under an appropriation to a banking account of a territory entity.
Examples—provided elsewhere
1 this Act, s 38 and s 58
2 the
, s 80
3 the
, s 14
4 the
, s 11
Explanatory note
Section 37 (1) currently states that ‘an amount must not be paid out of the territory banking account except under an appropriation to a banking account of a territory entity’. Section 37 (1) is currently subject to section 37 (2), which lists a number of provisions that are exceptions to section 37 (1). These exceptions are about transfers between the territory banking account and certain directorate banking accounts to facilitate investment and the payment of interest on certain investments of public money, which may be made without further appropriation.
Section 37 (2) has not been kept up-to-date and fails to mention several other provisions that are exceptions to section 37 (1). This amendment updates section 37 (1) and (2) by replacing the specific exceptions in section 37 (2) with a general exception in section 37 (1), and mentioning some exceptions as examples. This will ensure any future exceptions to section 37 (1) will be covered without the need to amend section 37.
omit
Interest received
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(5) Any fees or expenses reasonably incurred in making or managing an investment of public money may be deducted from the investment.
Explanatory note
This amendment updates the provision in line with current administrative practice. Section 38 (5) currently refers to an investment that is made or managed for the Territory by ‘an entity other than a directorate’. However, current administrative practice is that an investment may be managed by a directorate as well as an entity other than a directorate, such as an external fund manager. This amendment removes the reference to ‘an entity other than a directorate’, meaning that an investment of public money may be made or managed for the Territory by any entity, including a directorate.
Section 58 (5) also currently states that an entity may deduct fees and expenses for making or managing an investment from ‘the interest received by the entity for the investment’. This is problematic in that an entity making or managing an investment for the Territory does not actually receive interest, and in many instances there is no interest actually paid (if, for instance, there is a dividend reinvestment plan in place for the investment). This amendment clarifies that fees and expenses reasonably incurred for making or managing an investment may be deducted from the investment as a whole, not just from any interest received for the investment.
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Explanatory note
This amendment omits a redundant provision. Under section 38 (6), the Treasurer may decide the amounts of returns from investments that are to be credited to directorate banking accounts. Under section 38 (7), the amounts decided by the Treasurer may be paid from the territory banking account without further appropriation. Section 38 (8) currently states ‘However, the total of the amounts paid under subsection (7) must not exceed the total of the interest received from investments under this section’. Subsection (8) is redundant because the amounts paid under subsection (7) are by necessity already limited to the amounts of returns received from investments under subsection (6).
omit
Explanatory note
This amendment omits provisions that are redundant. Section 38 (9) currently
states that the
(the FMA), section 38 does not apply to money held in a superannuation banking account (as defined under section 38 (10), which is a signpost definition to the Territory Superannuation Provision Protection Act 2000
, section 7) or a PSWC fund banking account (as defined under the Public Sector Workers Compensation Fund Act 2018
, section 9). However, section 38 applies to money held in ‘directorate banking accounts’ (see section 38 (1)) and a superannuation banking account and a PSWC fund banking account are both directorate banking accounts.
Section 38 (9) was originally inserted by the Territory Superannuation Provision Protection Bill 2000
, schedule, as new section 38 (7). The explanatory statement for the new subsection states ‘amendments are required as the investment of superannuation funds will no longer be subject to section 38, as it is provided for in the Territory Superannuation Provision Protection Bill 2000’. However, on the commencement of the Territory Superannuation Provision Protection Act 2000
(the TSPP Act), section 38 already applied to ‘departmental banking
accounts’ and the
, section 7 (2), states ‘A superannuation banking account is a departmental banking account’.
This anomaly has persisted and creates confusion across the statute book. For instance, section 38 (9) is in direct conflict with the Public Sector Workers Compensation Fund Act 2018
(the PSWC Fund Act), section 14 (1), note, which states ‘the Treasurer may invest an amount from a PSWC fund banking account in an investment mentioned in the Financial Management Act 1996
, section 38’. As with a superannuation banking account, a PSWC fund banking account is a ‘directorate banking account’ (see the PSWC Fund Act
, section 9 (2)) and the FMA
, section 38 applies to directorate banking accounts (see FMA
, section 38 (1)).
This amendment clarifies the original intention of the FMA
, section 38, to apply to directorate banking accounts by omitting section 38 (9) and (10).
omit
Explanatory note
This amendment omits a redundant paragraph. Section 58 (1) (b) currently permits funds of a territory authority to be invested ‘in Territory, State or Commonwealth securities’. However, this is already covered by section 58 (1) (c), which permits funds of a territory authority to be invested ‘by the Treasurer, for the territory authority, in an investment mentioned in section 38 (1) (a) to (e)’. Under section 38 (1) (d), the Treasurer may invest funds ‘in Territory, State or Commonwealth securities’.
omit
Interest received by the Treasurer for
substitute
Returns received by the Territory from
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(5) Any fees or expenses reasonably incurred in making or managing an investment of funds of a territory authority may be deducted from the investment.
Explanatory note
This amendment updates the provision in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
Interest that is
substitute
Returns that are
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(7) If returns to be paid to a territory authority are paid into the territory banking account under subsection (6), the returns may be paid to the authority from the territory banking account without further appropriation.
Explanatory note
This amendment updates the provision to bring the language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.14] Dictionary, definition of interest
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment (see explanatory note for amendment 1.16 for additional information).
[1.15] Dictionary, definition of public money, par (f) (ii)
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.16] Dictionary, new definition of returns
insert
returns, in relation to an investment, includes interest, dividends, capital gains, distributions and any other financial return on the investment.
Explanatory note
This amendment inserts a new dictionary definition in line with current administrative practice. The Financial Management Act 1996
currently refers to ‘interest’ received from investments of public money. The dictionary defines interest to include ‘a dividend and any other financial return on a deposit, loan or other investment’. However, the ordinary meaning of ‘interest’ would not usually include returns on investments such as dividends, capital gains or distributions. This amendment inserts a new definition of returns to include interest, dividends, capital gains, distributions and any other financial return on an investment.
Part 1.3 Lifetime Care and Support (Catastrophic Injuries) Act 2014
[1.17] Section 72, new definition of returns
insert
returns, in relation to an investment—see the Financial Management Act 1996
, dictionary.
Explanatory note
This amendment inserts a new definition in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
interest from time to time accruing
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.19] Section 80 (1) (a) and (b)
substitute
(a) by the Treasurer, for the LTCS fund banking account, in an investment
mentioned in the
, section 38 (1) (a) to (e); or
(b) in any other way prescribed by the LTCS fund investment guidelines.
Explanatory note
This amendment updates the provision to clarify that an amount in an LTCS
fund banking account that is not immediately needed for a purpose mentioned in
section 79 may be invested by the Treasurer for the account in an investment
mentioned in the
, section 38 (1) (a) to (e) (see explanatory note for amendment 1.8 for additional information).
This amendment also corrects an incorrect term. Under section 81 (1), the Treasurer may make guidelines (the LTCS fund investment guidelines). The term ‘LTCS investment guidelines’ currently used in section 80 (1) (b) is incorrect and is not used anywhere else in the Lifetime Care and Support (Catastrophic Injuries) Act 2014
.
insert
(1A) For subsection (1) (a), the investment must be consistent with any investment prescribed by the LTCS fund investment guidelines.
Explanatory note
This amendment inserts a provision to ensure any investment by the Treasurer for an LTCS fund banking account is consistent with any LTCS fund investment guidelines, in line with current administrative practice.
omit
Explanatory note
This amendment omits an unnecessary provision. As currently drafted, section 80 (3) states that ‘any repayment of amounts invested from an LTCS fund banking account must be paid into an LTCS fund banking account’. Any amount transferred from an LTCS fund banking account for investment purposes still belongs to the LTCS fund (see sections 76 (1) and 80 (2)), making it redundant to state that any repayment of amounts transferred must be to an LTCS fund banking account.
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(5) Any fees or expenses reasonably incurred in making or managing an investment of an amount from an LTCS fund banking account may be deducted from the investment.
Explanatory note
This amendment omits current section 80 (5) and (6) by substituting with a new subsection (5) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
Interest that is to
substitute
Returns that must
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
insert
(8) If returns to be paid to an LTCS fund banking account are paid into the territory banking account under subsection (7), the returns may be paid to the LTCS fund banking account from the territory banking account without further appropriation.
Explanatory note
This amendment inserts a new subsection to clarify that returns on
investments may be paid from the territory banking account to an LTCS fund
banking account without an appropriation. This new provision mirrors the
amendments to the
, section 58 (7).
substitute
82 Returns on amounts of LTCS levy
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(3) Any fees or expenses reasonably incurred in making or managing an investment of an amount from an LTCS levy may be deducted from the investment.
Explanatory note
This amendment omits current section 82 (3) and (4) by substituting with a new subsection (3) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.31] Dictionary, new definition of returns
insert
returns, in relation to an investment, for division 10.1 (Funding the LTCS scheme)—see section 72.
Explanatory note
This amendment inserts a new signpost definition as a result of another amendment (see explanatory note for amendment 1.17 for additional information).
Part 1.4 Motor Accident Injuries Act 2019
[1.32] Section 76 (1) (a) (vii)
omit
Explanatory note
This amendment omits a subparagraph as a consequence of changes to sections 96 and 97 by other amendments (see explanatory note for amendment 1.35 for additional information).
substitute
(i) any contribution paid or payable on behalf of the person by the person’s employer to a superannuation scheme for the benefit of the person;
Explanatory note
This amendment restores the substance of subparagraph (i) as it appeared in proposed section 76 (1) (b) (i) in the Motor Accident Injuries Bill 2019
before it was changed by Assembly amendment. The amendment is consequential on changes to sections 96 and 97 by other amendments (see explanatory note for amendment 1.35 for additional information).
omit
Explanatory note
This amendment omits a subsection as a consequence of changes to sections 96 and 97 by other amendments (see explanatory note for amendment 1.35 for additional information).
[1.35] Section 96, definition of N, except note
substitute
N means—
(a) if P is $100 AWE indexed or less—1.0; or
(b) if P is more than $100 AWE indexed but less than $800 AWE indexed—1.0 + SG/100 ; or
(c) if P is $800 AWE indexed or more—0.95.
Explanatory note
Section 96 sets out the formula for working out an injured person’s entitlement to income replacement benefits for each week the person is entitled to the benefits during the first payment period. This amendment revises the formula to include a superannuation component for low income earners. The component is based on the superannuation guarantee rate set out in the Superannuation Guarantee (Administration) Act 1992
(Cwlth), section 19.
The purpose of the amendment is to give effect to the intention of 3 Assembly amendments to section 76 (the Assembly amendments) moved during the debate of the Motor Accident Injuries Bill 2019
. Those amendments intended to include employer superannuation contributions in the definition of gross income for an injured person with a pre-injury income of less than $800 AWE indexed. However, there are several technical issues with those amendments.
For the purpose of working out an injured person’s entitlement to income replacement benefits following a motor accident, the person’s gross income from employment and net income from self-employment must be calculated to determine the person’s pre-injury income. As a result of the Assembly amendments, the definition of gross income includes pre-injury income, which results in a circular definition. Pre-injury income from employment is based on the gross income an injured person was paid in the 52 weeks before the motor accident. As a consequence of the Assembly amendments, calculating the amounts paid or payable by an employer to a superannuation fund on behalf of the injured person will be complicated.
The Assembly amendments also refer to pre-injury income being AWE adjusted. However, an AWE adjustment to pre-injury income is only made on the first adjustment day after pre-injury income is determined, and not when first calculating pre-injury income.
This amendment will correct those issues while still giving effect to the intention of the Assembly amendments.
[1.36] Section 96, definition of N, new example
after the note, insert
Example—working out N, par (b)
Kristin is injured in a motor accident on 1 March 2021. Because of her injuries, Kristin is unable to return to her part-time job as a teacher’s assistant at Lyneham Primary School for 8 weeks following the accident. Kristin does not perform any other paid work during the 8 weeks.
Kristin gives the relevant insurer for the motor accident a letter from her employer stating that Kristin’s annual salary at the time of the motor accident was $36 500 and that Kristin had been a part-time employee at Lyneham Primary School for 18 months before the accident.
The relevant insurer for the motor accident calculates Kristin’s gross income for the 52 weeks before the accident as follows:
Kristin’s gross income for the 52 weeks before the motor accident is $36 400 and her pre-injury income is $700.
Kristin also gives the relevant insurer a copy of the last payslip she received from her employer before the motor accident, which shows that employer contributions were payable to her chosen superannuation fund for the 52 weeks before the motor accident. The superannuation charge number for the 2020-21 year is 9.5%.
In working out the amount of income replacement benefits Kristin is entitled to each week, N is calculated as follows:
N is therefore 1.095. Using the formula set out in subsection (1), the amount of income replacement benefits payable to Kristen for each week during the first payment period after the motor accident that Kristin is entitled to income replacement benefits is calculated as follows:
Explanatory note
This amendment inserts an example to illustrate how to work out the amount of income replacement benefits to be paid to a person injured in a motor accident who is on a low income, taking into account the superannuation component. This amendment is consequential on changes made to section 96 by other amendments (see explanatory note for amendment 1.35 for additional information).
insert
(2) In this section:
SG, for the factor N, paragraph (b), means—
(a) if superannuation contributions were paid or payable to a superannuation scheme on behalf of the injured person by an employer of the injured person during the 52 weeks before the motor accident—the superannuation guarantee charge number set out in the Superannuation Guarantee (Administration) Act 1992
(Cwlth), section 19 (2) for the year in which the contributions were paid or payable; or
(b) if no superannuation contributions were paid or payable to a superannuation scheme on behalf of the injured person by an employer of the injured person during the 52 weeks before the motor accident—0.
Explanatory note
This amendment is consequential on the amendment of the factor, N, in section 96 by another amendment (see explanatory note for amendment 1.35 for additional information).
[1.38] Section 97, definition of N, except note
substitute
N means—
(a) if P is $100 AWE indexed or less—1.0; or
(b) if P is more than $100 AWE indexed but less than $800 AWE indexed—1.0 + SG/100; or
(c) if P is at least $800 AWE indexed and not more than $1 000 AWE indexed—0.95; or
(d) if P is more than $1 000 AWE indexed—0.8.
Explanatory note
Section 97 sets out the formula for working out an injured person’s entitlement to income replacement benefits for each week the person is entitled to the benefits during the second payment period. This amendment revises the formula to include a superannuation component for low income earners. The component is based on the superannuation guarantee rate set out in the Superannuation Guarantee (Administration) Act 1992
(Cwlth), section 19.
This amendment corrects issues arising as a consequence of 3 Assembly amendments to section 76 moved during the debate of the Motor Accident Injuries Bill 2019
. This amendment will correct those issues while still giving effect to the purpose of the Assembly amendments. The Assembly amendments to section 76 are reversed by other amendments (see explanatory note for amendment 1.35 for additional information).
insert
(2) In this section:
SG, for the factor N, paragraph (b)—see section 96 (2).
Explanatory note
This amendment is consequential on the amendment of the factor, N, in section 97 by another amendment (see explanatory note for amendment 1.35 for additional information).
[1.40] Section 145, definition of private medical examiner, paragraph (b)
omit
qualifications or experience
substitute
qualifications and experience
Explanatory note
Private medical examiner is defined for the purposes of division 2.6.3. Under the current definition, a private medical examiner for a person injured in a motor accident claim must be a doctor who meets the requirements under the WPI assessment guidelines to conduct WPI assessments and has qualifications or experience relevant to the nature of the injured person’s injuries.
The WPI assessment guidelines under the Act will require a person assessing whole person impairment to have the qualifications, training and experience relevant to the body system being assessed.
This amendment revises the definition to require a private medical examiner to have both qualifications and experience that are relevant to the nature of an injured person’s injuries.
Part 1.5 Public Health Act 1997
omit
Explanatory note
This amendment omits a redundant paragraph. Under section 138 (2) (c), the Executive may make regulations in relation to ‘cervical cytology’. This amendment proposes to omit section 138 (2) (c) as cervical cytology is now a Commonwealth responsibility.
The
(Cwlth) established the authority to implement and maintain a National Cancer Screening Register (NCSR). The NSCR replaces the previously separate State and Territory cervical screening registers, including the ACT Cervical Cytology Register.
The
and the
amended the
to omit part 3 (Cervical cytology register) and updated any references to cervical cytology to facilitate a phased transition from the ACT Cervical Cytology Register to the NCSR. This transition is now complete and the ACT Cervical Cytology Register has been decommissioned. This means there is no longer any need for the Executive to be able to make regulations about cervical cytology, making section 138 (2) (c) redundant.
Part 1.6 Public Sector Workers Compensation Fund Act 2018
omit
interest earned
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.43] Section 14 (1) (a) and (b)
substitute
(a) by the Treasurer, for the PSWC fund banking account, in an investment
mentioned in the
, section 38 (1) (a) to (e); or
Explanatory note
This amendment updates the provision to clarify that an amount in a PSWC fund
banking account that is not immediately needed for a purpose mentioned in
section 12 may be invested by the Treasurer for the account in an investment
mentioned in the
, section 38 (1) (a) to (e) (see explanatory note for amendment 1.8 for additional information).
omit
Explanatory note
This amendment omits a redundant note. The section 14 (1) note currently states that ‘the Treasurer may also invest an amount in a PSWC fund banking account in an investment mentioned in the Financial Management Act 1996
, section 38’. Section 14 (1) (a) will be amended to provide what is currently stated in the note, making the note obsolete (see explanatory note for amendment 1.43 for additional information).
insert
(1A) For subsection (1) (a), the investment must be consistent with any investment prescribed by a PSWC fund investment guideline.
Explanatory note
This amendment inserts a provision to ensure any investment by the Treasurer for a PSWC fund banking account is consistent with any PSWC fund investment guidelines, in line with current administrative practice.
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(4) Any fees or expenses reasonably incurred in making or managing an investment of an amount from a PSWC fund banking account may be deducted from the investment.
Explanatory note
This amendment omits current section 14 (4) and (5) by substituting with a new subsection (4) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
insert
(7) If returns to be paid to a PSWC fund banking account are paid into the territory banking account under subsection (6), the returns may be paid to the PSWC fund banking account from the territory banking account without further appropriation.
Explanatory note
This amendment inserts a new subsection to clarify that returns on
investments may be paid from the territory banking account to a PSWC fund
banking account without an appropriation. This new provision mirrors the
amendments to the
, section 58 (7).
substitute
15 Returns on amounts appropriated for PSWC fund
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(3) Any fees or expenses reasonably incurred in making or managing an investment of an amount from a public sector workers compensation appropriation may be deducted from the investment.
Explanatory note
This amendment omits current section 15 (3) and (4) by substituting with a new subsection (3) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
[1.54] Dictionary, new definition of returns
insert
returns, in relation to an investment—see the Financial Management Act 1996
, dictionary.
Explanatory note
This amendment inserts a new definition in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
Part 1.7 Territory Superannuation Provision Protection Act 2000
[1.55] Section 11 (1) (a) to (c)
substitute
(a) by the Treasurer, for the superannuation banking account, in an investment mentioned in the Financial Management Act 1996
, section 38 (1) (a) to (e); or
(b) in any investment prescribed by a superannuation management guideline.
Explanatory note
This amendment updates the provision to clarify that an amount in a superannuation banking account that is not immediately needed for a purpose mentioned in section 9 (a) to (e) may be invested by the Treasurer for the account in an investment mentioned in the Financial Management Act 1996
, section 38 (1) (a) to (e) (see explanatory note for amendment 1.8 for additional information).
This amendment also corrects an incorrect term. Under section 16 (1), the
Treasurer may make superannuation management guidelines. The term
‘superannuation investment guideline’ is incorrect and is not used
anywhere else in the
.
insert
(1A) For subsection (1) (a), the investment must be consistent with any investment prescribed by a superannuation management guideline.
Explanatory note
This amendment inserts a provision to ensure any investment by the Treasurer for a superannuation banking account is consistent with any superannuation management guidelines, in line with current administrative practice.
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(4) Any fees or expenses reasonably incurred in making or managing an investment of an amount from a superannuation banking account may be deducted from the investment.
Explanatory note
This amendment omits current section 11 (4) and (5) by substituting with a new subsection (4) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
Interest that is to
substitute
Returns that must
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
insert
(7) If returns to be paid to a superannuation banking account are paid into the territory banking account under subsection (6), the returns may be paid to the superannuation banking account from the territory banking account without further appropriation.
Explanatory note
This amendment inserts a new subsection to clarify that returns on
investments may be paid from the territory banking account to a superannuation
banking account without an appropriation. This new provision mirrors the
amendments to the
, section 58 (7).
substitute
12 Returns on amounts appropriated for superannuation
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
interest
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Interest
substitute
Returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
substitute
(3) Any fees or expenses reasonably incurred in making or managing an investment of an amount from a superannuation appropriation may be deducted from the investment.
Explanatory note
This amendment omits current section 12 (3) and (4) by substituting with a new subsection (3) in line with current administrative practice (see explanatory note for amendment 1.5 for additional information).
omit
interest earned
substitute
returns
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Interest on an amount invested as mentioned in subsection (1) that is paid
substitute
Returns on an amount invested as mentioned in subsection (1) that are paid
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
omit
Interest that is to be paid
substitute
Returns that are to be paid
Explanatory note
This amendment updates language in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
[1.68] Dictionary, definition of interest
omit
Explanatory note
This amendment omits the definition of a term that is no longer used in the Act.
[1.69] Dictionary, definition of prescribed
omit
Explanatory note
This amendment omits the definition of a term that no longer needs to be defined for the Act because new section 11 (1) (b) and (1A) will state that ‘prescribed’ is ‘prescribed by a superannuation management guideline’.
[1.70] Dictionary, new definition of returns
insert
returns, in relation to an investment—see the Financial Management Act 1996
, dictionary.
Explanatory note
This amendment inserts a new definition in line with current administrative practice (see explanatory note for amendment 1.16 for additional information).
Schedule 2 Legislation Act 2001
(see s 5)
Note Statute Law Amendment Acts may include a second schedule for
amendments to the
. This Act does not provide for such amendments but the schedule heading is retained to preserve the usual numbering of schedule 3, which provides for minor and technical amendments proposed by the parliamentary counsel.
Schedule 3 Technical amendments
(see s 5)
Part 3.1 ACT Civil and Administrative Tribunal Act 2008
omit
section 86 (1) (c)
substitute
section 86 (1) (a) (iii)
Explanatory note
This amendment corrects a cross-reference.
[3.2] Dictionary, definition of Aboriginal or Torres Strait Islander child or young person
substitute
Aboriginal or Torres Strait Islander child or young person means a child or young person at least 1 of whose parents is a person who—
(a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.3] Dictionary, definition of responsible person
omit
Aboriginal or Torres Strait Island community
substitute
Aboriginal or Torres Strait Islander community
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.3 Births, Deaths and Marriages Registration Act 1997
omit
foetal
substitute
fetal
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.4 Building and Construction Industry (Security of Payment) Act 2009
omit
section 19 (1) (b)
substitute
section 19 (1) (a) (ii)
Explanatory note
This amendment corrects a cross-reference.
Part 3.5 Children and Young People Act 2008
omit
an Aboriginal and Torres Strait Islander child or young person
substitute
an Aboriginal or Torres Strait Islander child or young person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.6 Controlled Sports Act 2019
omit
is a registered controlled sports official
substitute
participates as a registered controlled sports official
Explanatory note
This amendment updates language in line with drafting practice elsewhere in the Act.
substitute
(a) competes as a registered controlled sports contestant in a registered event; and
Explanatory note
This amendment updates language in line with drafting practice elsewhere in the Act.
[3.9] Dictionary, definition of member of the immediate family, paragraph (b)
omit
Aboriginal or Torres Strait Island community
substitute
Aboriginal or Torres Strait Islander community
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.8 Crimes (Child Sex Offenders) Regulation 2005
substitute
(l) the secretary of the Department of Health (Cwlth);
Explanatory note
This amendment updates the paragraph to reflect the change of name of the Commonwealth Department of Health and Ageing to the Commonwealth Department of Health.
Part 3.9 Crimes (Sentencing) Act 2005
[3.11] Section 64 (2), definition of fine
omit
, section 146
substitute
, section 116A
Explanatory note
This amendment corrects a cross-reference.
Part 3.10 Financial Sector Reform (ACT) Act 1999
[3.12] Dictionary, definition of FS(TB) Act
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment (see explanatory note for amendment 3.12 for additional information).
[3.13] Dictionary, new definition of FS (TR) Act
insert
FS (TR) Act means the Financial Sector (Transfer and Restructure) Act 1999
(Cwlth).
Explanatory note
This amendment inserts a new definition of FS (TR) Act to replace the definition of FS(TB) Act, which is omitted by another amendment. The Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Act 2018
(Cwlth), sch 4, amended the name of the Financial Sector (Business Transfer and Group Restructure) Act 1999
(Cwlth) to the
(Cwlth). This amendment updates the definition to reflect the amended name of the Act.
[3.14] Further amendments, mentions of FS(TB) Act
omit
substitute
in
• section 7
• section 9
• section 10
Explanatory note
This amendment is consequential on other amendments to the dictionary that omit the definition of FS(TB) Act and insert a new definition of FS (TR) Act.
Part 3.11 Gaming Machine Act 2004
substitute
Part 22 Transitional—Gaming Legislation Amendment Act 2018
Explanatory note
This amendment corrects an Act reference.
omit
substitute
Explanatory note
This amendment corrects an Act reference.
Part 3.12 Gene Technology Regulation 2004
substitute
(f) Therapeutic Goods Administration, Commonwealth Department of Health.
Explanatory note
This amendment updates the paragraph to reflect the change of name of the Commonwealth Department of Health and Ageing to the Commonwealth Department of Health.
Part 3.13 Government Agencies (Land Acquisition Reporting) Act 2018
after
A report about
insert
a
Explanatory note
This amendment inserts a missing word.
substitute
10 Certain information must not be included in reports
Explanatory note
This amendment updates the section heading to omit redundant words.
omit
or statement
Explanatory note
This amendment omits redundant words.
Part 3.14 Human Cloning and Embryo Research Act 2004
[3.21] Section 13 (2), definition of human cell
omit
foetal
substitute
fetal
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.22] Further amendments, mentions of foetus
omit
foetus
substitute
fetus
in
• section 18 (4), definition of prohibited embryo, paragraph (e)
• section 22
• section 25A (b) (iii)
• section 29 (1) (d)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
section 25A
substitute
section 27
Explanatory note
This amendment corrects a cross-reference.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the practitioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the solicitor’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
on his or her own account in the ACT and retained by the person to act on his or her behalf
substitute
on the officer’s own account in the ACT and retained by the person to act on the person’s behalf
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the staff member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the staff member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the solicitor’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the solicitor’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the chief executive officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she shall not demand
substitute
, the practitioner shall not demand
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she is entitled
substitute
the practitioner is entitled
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her right to recover an amount that is recoverable by him or her
substitute
the person’s right to recover an amount that is recoverable by the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any information known to him or her, or to which he or she has access
substitute
any information known to the officer, or to which the officer has access
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the Auditor-General
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the Auditor-General’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the commissioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the commissioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the commissioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the commissioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the commissioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the president
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the commissioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her knowledge, disclose the nature of his or her interest
substitute
the commissioner’s knowledge, disclose the nature of the commissioner’s interest
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her office
substitute
a statutory officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she is
substitute
they are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the member’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the prescribed person or assistant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the practitioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she is
substitute
they are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
acquired by him or her by reason of his or her office or employment
substitute
acquired by the person to whom this section applies by reason of their office or employment
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she has the custody, or to which he or she has access, by virtue of his or her office
substitute
the person to whom this section applies has the custody, or to which they have access, by virtue of their office
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person to whom this section applies
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
information known to him or her or to which he or she has access
substitute
information known to the officer or to which the officer has access
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.17 Legal Profession Regulation 2007
[3.75] Section 7 (3), definition of veterans’ entitlement legislation, paragraph (d)
substitute
(d)
(Cwlth), part 11 (except section 144 (4) and section 149);
Explanatory note
This amendment updates the paragraph to reflect amendments made to Commonwealth legislation.
Section 7 exempts a person from the Act
, section 16, if the person provides free legal services to a member of the defence force in relation to a claim for a benefit under veterans’ entitlement legislation. Section 7 (3) defines veterans’ entitlement legislation to include, under paragraph (d), the Safety, Rehabilitation and Compensation Act 1988
(Cwlth), part 11 (except sections 143 (2) and (3), 144 (4), 149, 150, 153 (2), 156, 158 and 159).
The
(Cwlth), pt 11 was transferred to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
(Cwlth), pt 11, by the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017
(Cwlth), with sections 150, 156, 158 and 159 being repealed from part 11 at the time of the transfer. Section 143 (2) and (3) and section 153 (2) were later repealed from part 11 by the Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 1) Act 2018
(Cwlth). Sections 144 (4) and 149 still exist in part 11 and have remained unchanged since the Legal Profession Regulation 2007
commenced.
Part 3.18 Magistrates Court (Crimes Infringement Notices) Regulation 2008
[3.76] Schedule 1, item 2, column 2
omit
180
substitute
179
Explanatory note
This amendment corrects a cross-reference.
Part 3.19 Motor Accident Injuries Act 2019
omit
Explanatory note
This amendment omits a redundant provision. Section 37 defines private medical examiner for the purposes of chapter 2. Section 145 defines private medical examiner in identical terms for the purposes of division 2.6.3. References to ‘private medical examiner’ appear only in division 2.6.3 and sections 239 and 240 (both of which include a signpost definition referring readers to the definition in section 145).
substitute
61 Meaning of allowable expenses—ch 2
(1) In this chapter:
allowable expenses means expenses an applicant for defined benefits may incur in relation to treatment and care of the applicant’s injury without the relevant insurer’s approval during the initial period for the application for defined benefits.
(2) In this section:
initial period, for an application for defined benefits, means the period—
(a) beginning on the date of the receipt notice for the application; and
(b) ending—
(i) on the day the relevant insurer makes, or is taken to have made, a final decision to accept or reject liability for the application; or
(ii) if the insurer transfers the application to another insurer—4 weeks after the date of the receipt notice for the application; or
(iii) if there is a dispute between insurers about liability under section 70—4 weeks after the date of the receipt notice for the application.
Explanatory note
This amendment relocates the definition of initial period to a separate subsection because the term is used only in the definition of allowable expenses. This amendment also corrects an incorrect cross-reference in the definition of initial period, paragraph (b) (iii).
[3.79] Section 79 (1) (a) (ii)
after
52 weeks
insert
immediately
Explanatory note
This amendment revises section 79 (1) (a) (ii) to be consistent with other references in part 2.4 to the 52-week period immediately before a motor accident.
[3.80] Section 81 (1), definition of pre-injury weekly income, paragraph (a)
after
52 weeks
insert
immediately
Explanatory note
This amendment revises the definition to be consistent with other references in part 2.4 to the 52-week period immediately before a motor accident.
[3.81] Section 81 (2), definition of recent change in employment circumstances, paragraph (a)
after
52 weeks
insert
immediately
Explanatory note
This amendment revises the definition to be consistent with other references in part 2.4 to the 52-week period immediately before a motor accident.
[3.82] Section 82 (1), definition of pre-injury weekly income
after
52 weeks
insert
immediately before the date of the motor accident
Explanatory note
The
, division 2.4.1 includes a number of provisions that define important terms for part 2.4. In particular, the definition of pre-injury weekly income is defined in relation to different types of employees by reference to the 52-week period before an employee’s motor accident. For example, pre-injury weekly income for an ongoing employee or fixed term contractor is defined by reference to ‘the 52 weeks before the date of the motor accident’.
Section 82 (1) defines pre-injury weekly income for a self-employed person by reference to a period of 52 weeks but does not state which 52-week period. This amendment inserts missing words to clarify that the period mentioned is the 52-week period immediately before the date of the motor accident.
[3.83] Section 84 (1), definition of pre-injury weekly income
after
52 weeks
insert
immediately
Explanatory note
This amendment revises the definition to be consistent with other references in part 2.4 to the 52-week period immediately before a motor accident.
omit
WPI guidelines
substitute
WPI assessment guidelines
Explanatory note
This amendment corrects an incorrect reference to the WPI assessment guidelines made under the Act
, section 146.
substitute
(1) This section applies if—
(a) separate WPI reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries; and
(b) the higher WPI assessment assesses the person’s WPI as at least 5% but not more than 9%.
(1A) This section also applies if—
(a) only 1 WPI report from an independent medical examiner assesses an injured person’s WPI; and
(b) the person’s WPI is assessed as at least 5% but not more than 9%.
Explanatory note
This amendment revises section 155 (1) to clarify the circumstances in which section 155 applies.
substitute
(1) This section applies if—
(a) separate WPI reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries; and
(b) the higher WPI assessment assesses the person’s WPI as at least 10%; but
(c) the injured person is not entitled to make a motor accident claim in relation to the motor accident.
(1A) This section also applies if—
(a) only 1 WPI report from an independent medical examiner assesses an injured person’s WPI; and
(b) the person’s WPI is assessed as at least 10%; but
(c) the injured person is not entitled to make a motor accident claim in relation to the motor accident.
Explanatory note
This amendment revises section 156 (1) to clarify the circumstances in which section 156 applies.
substitute
(1) This section applies if—
(a) separate WPI reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries; and
(b) the higher WPI assessment assesses the person’s WPI as at least 10%; and
(c) the injured person is entitled to make a motor accident claim in relation to the motor accident.
(1A) This section also applies if—
(a) only 1 WPI report from an independent medical examiner assesses an injured person’s WPI; and
(b) the person’s WPI is assessed as at least 10%; and
(c) the injured person is entitled to make a motor accident claim in relation to the motor accident.
Explanatory note
This amendment revises section 157 (1) to clarify the circumstances in which section 157 applies.
after
applies
insert
to make a motor accident claim
Explanatory note
This amendment revises section 166 to include missing words. The heading to section 166 makes it clear that the section deals with making a motor accident claim. The amendment will clarify that a person injured in a motor accident has 3 months from whichever of the dates mentioned in paragraphs (a) and (b) applies to the person to make a motor accident claim.
substitute
192 Meaning of ACAT reviewable decision—div 2.10.3
Explanatory note
This amendment substitutes the heading to make it clear that the definition of ACAT reviewable decision is defined for division 2.10.3 only. The term is not used elsewhere in the Act.
omit
In this Act:
substitute
In this division:
Explanatory note
This amendment revises the section to make it clear that the definition of ACAT reviewable decision is defined for division 2.10.3 only. The term is not used elsewhere in the Act.
substitute
(1) This section applies—
(a) if a person injured in a motor accident—
(i) is receiving income replacement benefits; or
(ii) because of the circumstances prescribed by regulation, would have been eligible to receive income replacement benefits; and
(b) if—
(i) if separate WPI reports from an independent medical examiner assess the person’s physical injuries and psychological injuries—the higher WPI assessment assesses the person’s WPI as less than 10%; or
(ii) if only 1 WPI report from an independent medical examiner assesses the person’s WPI—the person’s WPI is less than 10%; and
(c) if the person has not had an SOI assessment in relation to the injuries; and
(d) if it is 4 years and 6 months after the date of the motor accident.
Explanatory note
This amendment revises the subsection to clarify that section 209 applies if all the circumstances mentioned in subsection (1) apply to a person injured in a motor accident.
omit
Explanatory note
This amendment omits a redundant paragraph. Section 241 (3) (e) provides that divisions 2.6.2 and 2.6.3 apply to an application by a person injured in a motor accident for an assessment of the person’s whole person impairment, and the assessment, as if a reference in section 150 (1) to quality of life benefits were a reference to quality of life damages. However, there is no reference to quality of life benefits in section 150 (1).
omit
complying claim
substitute
complying notice of claim
Explanatory note
The
, section 257 defines complying notice of claim for part 5.7 to mean a notice of claim given under the Civil Law (Wrongs) Act 2002
, section 51 or section 55. This amendment inserts missing words to make section 282 (3) consistent with other provisions in part 5.7.
[3.94] Section 486 (3) and (4)
substitute
(3) The respondent may recover as a debt from the person the amount by which the damages exceed the ACT total.
Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act
, s 177).
Explanatory note
This amendment revises section 486 to clarify the intention of subsection (3). Subsection (4) is omitted because, as a consequence of the amendment of subsection (3), it is redundant.
[3.95] Dictionary, definition of initial period
omit
Explanatory note
This amendment omits the definition from the dictionary, as a consequence of another amendment that revises section 61 to make it clear that initial period is defined for the purposes of that section only.
[3.96] Dictionary, definition of private medical examiner
substitute
private medical examiner, for an injured person, for division 2.6.3 (Quality of life benefits—WPI assessment)—see section 145.
Explanatory note
This amendment updates the definition as a consequence of the omission of section 37 by another amendment.
[3.97] Dictionary, definition of road
substitute
road—
(a) means an area that is—
(i) open to or used by the public; and
(ii) developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but
(b) does not include an area that would otherwise be a road but for a
declaration under the
, section 12 (Power to include or exclude areas in road transport legislation) that this Act does not apply to the area.
Explanatory note
This amendment revises the definition for clarity.
Part 3.20 Public Unleased Land Act 2013
[3.98] Section 31 (1), new example
insert
Example—other plant
a hedge
Explanatory note
This amendment inserts an example to assist users.
Part 3.21 Racing (Jockeys Accident Insurance) Regulation 2006
substitute
(c) part 4 (Uninsured liabilities), division 6 (Uninsured liabilities);
Explanatory note
This amendment updates the cross-reference to reflect amendments made to NSW legislation. The Workers Compensation Amendment (Insurance Reform) Act 2003
(NSW) amended the Workers Compensation Act 1987
(NSW), part 4 heading and part 4, division 6 heading.
substitute
(a) chapter 2 (Administration), the following provisions:
(i) part 2 (General workers compensation functions);
(ii) part 6 (Financial provisions);
Explanatory note
This amendment updates and omits cross-references to reflect amendments made to NSW legislation. The Safety, Return to Work and Support Board Act 2012
(NSW) repealed the Workplace Injury Management and Workers Compensation Act 1998
(NSW), chapter 2, parts 4 and 5. The State Insurance and Care Governance Act 2015
(NSW) amended the Workplace Injury Management and Workers Compensation Act 1998
(NSW), chapter 2, part 2 heading.
[3.101] Section 5 (2) (b) (iii)
substitute
(iii) division 3 (Notification of decisions of insurers);
Explanatory note
This amendment updates a cross-reference to reflect amendments made to NSW
legislation. The
(NSW), chapter 4, part 2, division 3 was repealed by the State Insurance and Care Governance Act 2015
(NSW) and a new chapter 4, part 2, division 3 was inserted by the Workers Compensation Legislation Amendment Act 2018
(NSW).
Part 3.22 Radiation Protection Act 2006
[3.102] Section 17 (2) (a) to (c)
substitute
(a) whether the applicant can satisfy any relevant requirements set out in the national directory; and
Explanatory note
This amendment updates paragraphs to omit cross-references to accurately reflect the content of a Commonwealth instrument. Section 17 (2) (a) to (c) currently refers to requirements and conditions under the national directory for radiation protection, schedules 6, 7 and 8. However, schedules 6, 7 and 8 have always been, and will continue to be, without content. The current approach proposed at the national level is to remove specific national directory schedule references from each jurisdiction’s legislation. This amendment omits the references to schedules 6, 7 and 8 and refers more broadly to ‘relevant requirements set out in the national directory’.
[3.103] Section 26 (2) (a) and note
substitute
(a) whether the applicant can satisfy any relevant requirements set out in the national directory; and
Explanatory note
This amendment updates the paragraph to omit a cross-reference and a note to reflect amendments made to a Commonwealth instrument. Section 26 (2) (a) currently refers to ‘any relevant requirement set out in the national directory, schedule 9’. Schedule 9 has been omitted from the 2nd edition of the National Directory for Radiation Protection. This amendment omits the reference to schedule 9, as well as the note about schedule 9.
Part 3.23 Transplantation and Anatomy Act 1978
[3.104] Section 6, definition of tissue
omit
foetal
substitute
fetal
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.24 Veterinary Practice Act 2018
before
anything
insert
include
Explanatory note
This amendment corrects a minor typographical error by inserting missing words.
[3.106] Dictionary, definition of exempt entity
omit
Explanatory note
This amendment omits the definition of a term that is no longer used in the Act.
Part 3.25 Victims of Crime (Financial Assistance) Act 2016
[3.107] Dictionary, definition of schedule 1 offence, paragraph (b)
after
a provision mentioned in
insert
an item in
Explanatory note
This amendment corrects a minor typographical error by inserting missing words.
[3.108] Dictionary, definition of very serious injury, paragraph (d)
omit
foetus
substitute
fetus
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 September 2019.
2 Notification
Notified under the
on 2019.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2019
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