Australian Capital Territory Current Acts

LEGISLATION ACT 2001

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   PART 1.1--GENERAL

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  
   3.      Objects  
   4.      Application of Act  
   5.      Determinative and non-determinative provisions  
   6.      Legislation Act provisions must be applied  

   PART 1.2--BASIC CONCEPTS

   7.      Meaning of Act generally  
   8.      Meaning of subordinate law  
   9.      Meaning of disallowable instrument  
   10.     Meaning of notifiable instrument  
   11.     Meaning of commencement notice  
   12.     Meaning of legislative instrument  
   13.     Meaning of statutory instrument  
   14.     Meaning of instrument  
   15.     Meaning of authorised republication  
   16.     Meaning of provision  

   PART 1.3--SOURCES OF LAW IN THE ACT

   17.     References to Acts include references to former Cwlth enactments etc  

CHAPTER 2--ACT LEGISLATION REGISTER AND WEBSITE

   18.     ACT legislation register  
   19.     Contents of register  
   20.     Prompt registration  
   21.     Approved website  
   22.     Access to registered material at approved website  

CHAPTER 3--AUTHORISED VERSIONS AND EVIDENCE OF LAWS AND LEGISLATIVE MATERIAL

   22A.    Definitions—ch 3  
   23.     Authorisation of versions by parliamentary counsel  
   24.     Authorised electronic versions  
   25.     Authorised written versions  
   26.     Judicial notice of certain matters  

CHAPTER 4--NUMBERING AND NOTIFICATION OF ACTS

   27.     Numbering of Acts  
   28.     Notification of Acts  
   29.     References to enactment or passing of Acts  
   30.     References to notification of Acts  

CHAPTER 5--REGULATORY IMPACT STATEMENTS FOR SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS

   PART 5.1--PRELIMINARY

   31.     Definitions—ch 5  
   32.     Other publication or consultation requirements not affected  
   33.     Guidelines about costs of proposed subordinate laws and disallowable instruments  

   PART 5.2--REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS

   34.     Preparation of regulatory impact statements  
   35.     Content of regulatory impact statements  
   36.     When is preparation of regulatory impact statement unnecessary?  
   37.     When must regulatory impact statement be presented?  

   PART 5.3--FAILURE TO COMPLY WITH REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS

   38.     Effect of failure to comply with pt 5.2  

CHAPTER 6--MAKING, NOTIFICATION AND NUMBERING OF STATUTORY INSTRUMENTS

   PART 6.1--GENERAL

   39.     Meaning of matter—ch 6  
   40.     Presumption of validity  
   41.     Making of certain statutory instruments by Executive  

   PART 6.2--MAKING OF STATUTORY INSTRUMENTS GENERALLY

   42.     Power to make statutory instruments  
   43.     Statutory instruments to be interpreted not to exceed powers under authorising law  
   44.     Power to make statutory instruments for Act etc  
   45.     Power to make court rules  
   46.      Power to make instrument includes power to amend or repeal  
   47.     Statutory instrument may make provision by applying law or instrument  
   48.     Power to make instrument includes power to make different provision for different  
   49.     Single instrument may exercise several powers or satisfy several requirements  
   50.     Relationship between authorising law and instrument dealing with same  
   51.     Instrument may make provision in relation to land by reference to map etc  
   52.     Instrument may authorise determination of matter etc  
   53.     Instrument may prohibit  
   54.     Instrument may require making of statutory declaration  

   PART 6.3--MAKING OF CERTAIN STATUTORY INSTRUMENTS ABOUT FEES

   55.     Definitions—pt 6.3  
   56.     Determination of fees by disallowable instrument  
   57.     Fees payable in accordance with determination etc  
   58.     Regulations may make provision about fees  

   PART 6.4--NUMBERING AND NOTIFICATION OF LEGISLATIVE INSTRUMENTS

   59.     Numbering  
   60.     Correction etc of name of instrument  
   60A.    Correction of name of explanatory statement etc  
   61.     Notification of legislative instruments  
   62.     Effect of failure to notify legislative instrument  
   63.     References to notification of legislative instruments  

CHAPTER 7--PRESENTATION, AMENDMENT AND DISALLOWANCE OF SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS

   64.     Presentation of subordinate laws and disallowable instruments  
   65.     Disallowance by resolution of Assembly  
   65A.    Notification of disallowance by resolution of Assembly  
   66.     Revival of affected laws  
   67.     Making of instrument same in substance within 6 months after disallowance  
   68.     Amendment by resolution of Assembly  
   69.     Notification of amendments made by resolution of Assembly  
   70.     Making of amendment restoring effect of law within 6 months after amendment  
   71.     Effect of dissolution or expiry of Assembly on notice of motion  

CHAPTER 8--COMMENCEMENT AND EXERCISE OF POWERS BEFORE COMMENCEMENT

   72.     Meaning of law—ch 8  
   73.     General rules about commencement  
   74.     Time of commencement  
   75.     Commencement of naming and commencement provisions  
   75AA.   Commencement of provisions identifying amended laws  
   75A.    Meaning of commences retrospectively  
   75B.    Retrospective commencement requires clear indication  
   76.     Non–prejudicial provision may commence retrospectively  
   77.     Commencement by commencement notice  
   78.     Separate commencement of amendments  
   79.     Automatic commencement of postponed law  
   79A.    Commencement of amendment of uncommenced law  
   80.     References to commencement of law  
   81.     Exercise of powers between notification and commencement  

CHAPTER 9--REPEAL AND AMENDMENT OF LAWS

   PART 9.1--GENERAL

   82.     Definitions—ch 9  
   83.     Consequences of amendment of statutory instrument by Act  
   84.     Saving of operation of repealed and amended laws  
   84A.    Creation of offences and changes in penalties  

   PART 9.2--REPEAL

   85.     When repeal takes effect  
   86.     Repealed and amended laws not revived on repeal of repealing and amending  
   87.     Commencement not undone if repealed  
   88.     Repeal does not end effect of transitional laws etc  
   89.     Automatic repeal of certain laws and provisions  

   PART 9.3--AMENDMENT

   90.     Law and amending laws to be read as one  
   91.     Insertion of provisions by amending law  
   92.     Amendment to be made wherever possible  
   93.     Provisions included in another provision for amendment purposes  
   94.     Continuance of appointments etc made under amended provisions  
   95.     Status of modifications  
   96.     Relocated provisions  

CHAPTER 10--REFERRING TO LAWS

   97.     Definitions—ch 10  
   98.     References to ACT law include law containing reference  
   99.     References in ACT statutory instruments to the Act  
   100.    Referring to particular ACT laws  
   101.    Referring to particular laws of other jurisdictions etc  
   102.    References to laws include references to laws as in force from time to  
   103.    References to repealed laws  
   104.    References to laws include references to instruments under laws  
   105.    Referring to provisions of laws  
   106.    References to provisions of laws are inclusive  
   106A.   References to paragraphs etc of laws  

CHAPTER 11--REPUBLICATION OF ACTS AND STATUTORY INSTRUMENTS

   PART 11.1--GENERAL

   107.    Definitions—ch 11  
   108.    Republication in register  
   109.    Republications may be published with other information  
   110.    Collections of laws  

   PART 11.2--SUBSTANTIVE AMENDMENTS MADE BY LAWS

   111.    Incorporation of amendments  
   112.    Reference to amending laws  
   113.    Provisions not republished or relocated  

   PART 11.3--EDITORIAL CHANGES

   114.    Authorisation for parliamentary counsel  
   115.    Amendments not to change effect  
   116.    Ambit of editorial amendments  
   117.    Legal effect of editorial changes  
   118.    Reference to editorial amendments  

CHAPTER 12--SCOPE OF ACTS AND STATUTORY INSTRUMENTS

   120.    Act to be interpreted not to exceed legislative powers of Assembly  
   121.    Binding effect of Acts  
   122.    Application to Territory  

CHAPTER 13--STRUCTURE OF ACTS AND STATUTORY INSTRUMENTS

   PART 13.1--GENERAL

   125.    Meaning of law—ch 13  
   126.    Material that is part of Act or statutory instrument  
   127.    Material that is not part of Act or statutory instrument  

   PART 13.2--PARTICULAR KINDS OF PROVISIONS

   130.    What is a definition?  
   131.    Signpost definitions  
   132.    Examples  
   133.    Penalty units  
   134.    Penalties at end of sections and subsections  
   135.     Penalties not at end of sections and subsections  

CHAPTER 14--INTERPRETATION OF ACTS AND STATUTORY INSTRUMENTS

   PART 14.1--PURPOSE AND SCOPE

   136.    Meaning of Act—ch 14  
   137.    Purpose and scope—ch 14  

   PART 14.2--KEY PRINCIPLES OF INTERPRETATION

   138.    Meaning of working out the meaning of an Act—pt 14.2  
   139.    Interpretation best achieving Act's purpose  
   140.    Legislative context  
   141.    Non-legislative context generally  
   142.    Non-legislative context—material that may be considered  
   143.    Law stating material for consideration in working out meaning  

CHAPTER 15--AIDS TO INTERPRETATION

   PART 15.1--GENERAL

   144.    Meaning of commonly-used terms  
   145.    Gender and number  
   146.    Meaning of may and must  
   147.    Changes of drafting practice not to affect meaning  
   148.    Terms used in instruments have same meanings as in authorising laws  
   149.    Age in years  
   150.    Measurement of distance  
   151.    Working out periods of time generally  
   151A.   Periods of time ending on non-working days  
   151B.   Doing things for which no time is fixed  
   151C.   Power to extend time  
   152.    Continuing effect of obligations  

   PART 15.2--DEFINITIONS

   155.    Definitions apply subject to contrary intention  
   156.    Application of definitions in dictionaries and sections  
   157.     Defined terms—other parts of speech and grammatical forms  

   PART 15.3--REFERENCES TO VARIOUS ENTITIES AND THINGS

   160.    References to people generally  
   161.    Corporations liable to offences  
   162.    References to a Minister or the Minister  
   163.    References to a director-general or the director-general  
   164.    References to Australian Standards etc  
   165.    References to Assembly committees that no longer exist  
   168.    References to person with interest in land include personal representative  
   169.    References to domestic partner and domestic partnership  
   169A.   References to transgender people  
   169B.   References to intersex people  

   PART 15.4--PRESERVATION OF CERTAIN COMMON LAW PRIVILEGES

   170.    Privileges against self-incrimination and exposure to civil penalty  
   171.    Client legal privilege  

CHAPTER 16--COURTS, TRIBUNALS AND OTHER DECISION-MAKERS

   175.    Meaning of law—ch 16  
   176.    Jurisdiction of courts and tribunals  
   177.    Recovery of amounts owing under laws  
   178.    Power to decide includes power to take evidence etc  
   179.    Content of statements of reasons for decisions  
   180.    Power to make decision includes power to reverse or change  

CHAPTER 17--ENTITIES AND POSITIONS

   182.    Meaning of law—ch 17  
   183.    Change of name of entity  
   184.    Change in constitution of entity  
   184A.   References to entity  
   185.    References to occupant of position  
   186.    Change of name of position  
   187.    Chair and deputy chair etc  

CHAPTER 18--OFFENCES

   188.    Meaning of ACT law—ch 18  
   189.    Reference to offence includes reference to related ancillary offences  
   190.    Indictable and summary offences  
   191.    Offences against 2 or more laws  
   192.    When must prosecutions begin?  
   193.    Continuing offences  

CHAPTER 19--ADMINISTRATIVE AND MACHINERY PROVISIONS

   PART 19.1--INTRODUCTORY

   195.    Meaning of law—ch 19  

   PART 19.2--FUNCTIONS

   196.    Provision giving function gives power to exercise function  
   197.    Statutory functions may be exercised from time to time  
   199.    Functions of bodies  
   200.    Functions of occupants of positions  

   PART 19.3--APPOINTMENTS

           Division 19.3.1--Appointments—general

   205.    Application—div 19.3.1  
   206.    Appointments must be in writing etc  
   207.    Appointment may be by name or position  
   208.    Power of appointment includes power to suspend etc  
   209.    Power of appointment includes power to make acting appointment  
   210.    Resignation of appointment  
   211.    Appointment not affected by appointer changes  
   212.    Appointment not affected by defect etc  

           Division 19.3.2--Acting appointments

   215.    Application—div 19.3.2  
   216.    Acting appointments must be in writing etc  
   217.    Acting appointment may be made by name or position  
   218.    Instrument may provide when acting appointment has effect etc  
   219.    Appointer may decide terms of acting appointment etc  
   220.    Appointee may exercise functions under acting appointment etc  
   221.    How long does an acting appointment operate?  
   222.    Resignation of acting appointment  
   223.    Effect of acting appointment on substantive appointment etc  
   224.    Acting appointment not affected by appointer changes  
   225.    Acting appointment not affected by defect etc  

           Division 19.3.2A--Standing acting arrangements

   225A.   Application—div 19.3.2A  
   225B.   Person acting under standing acting arrangement may exercise functions  

           Division 19.3.3--Appointments—Assembly consultation

   226.    Meaning of statutory position—div 19.3.3  
   227.    Application—div 19.3.3  
   228.    Consultation with relevant Assembly committee  
   229.    Appointment is disallowable instrument  

   PART 19.4--DELEGATIONS

   230.    Application—pt 19.4 generally  
   231.    Application—pt 19.4 to subdelegations  
   232.    Delegation must be in writing etc  
   233.    Delegation may be made by name or position  
   234.    Instrument may provide when delegation has effect etc  
   235.    Delegation may be made to 2 or more delegates  
   236.    Power to delegate may not be delegated  
   237.    Delegation may be amended or revoked  
   238.    Appointer responsible for delegated function  
   239.    Exercise of delegation by delegate  
   240.    Appointer may exercise delegated function  
   241.    Delegation not affected by appointer changes  
   242.    Delegation not affected by defect etc  

   PART 19.5--SERVICE OF DOCUMENTS

   245.    Application—pt 19.5  
   246.    Definitions—pt 19.5  
   247.    Service of documents on individuals  
   248.    Service of documents on corporations  
   249.    Service of documents on agencies  
   250.    When document taken to be served  
   251.    Other laws not affected etc  
   252.    Powers of courts and tribunals not affected  

   PART 19.6--FUNCTIONS OF EXECUTIVE AND MINISTERS

   253.    Exercise of functions of Executive  
   254.    Administration of matters not allocated  
   254A.   Delegation by Minister  

   PART 19.7--OTHER MATTERS

   255.    Forms  
   256.    Production of records kept in computers etc  
   257.    Out-of-session presentation of documents to Legislative Assembly  

CHAPTER 20--MISCELLANEOUS

   300.    Delegation by parliamentary counsel  
   301.    References to Administration Act 1989 etc  
   302.    Regulation-making power  

   PART 1.1--FORMER NSW AND UK ACTS IN FORCE BEFORE ESTABLISHMENT OF TERRITORY

   PART 1.2--FORMER NSW ACTS APPLIED AFTER ESTABLISHMENT OF TERRITORY
   DICTIONARY
   ENDNOTES