Australian Capital Territory Current Acts

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Regulation-making power

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

Note     A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act


    (2)     A regulation may make provision in relation to the following:

        (a)     the keeping of records;

        (b)     tenancy databases;

        (c)     commercial guarantees, including the following:

              (i)     grounds for registering, applying a condition to, or refusing to register a standard guarantee contract;

              (ii)     a matter that must be included in, or excluded from, a commercial guarantee;

              (iii)     requirements in relation to reporting on, record keeping for and the administration of commercial guarantees;

              (iv)     if a person has registered a standard guarantee contract—information that the person must give to another person before entering into a commercial guarantee with the other person;

              (v)     amending, renewing, ending or suspending the registration of a standard guarantee contract;

        (d)     minimum standards for premises made available for occupation under a residential tenancy agreement, including in relation to the following matters:

              (i)     physical accessibility;

              (ii)     energy efficiency;

              (iii)     safety and security;

              (iv)     sanitation;

              (v)     amenity.

Note     Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (3)     A regulation made under subsection (2) (d) may apply, adopt or incorporate a law or instrument as in force from time to time.

Note     A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

    (4)     The Legislation Act

, section 47 (5) and (6) does not apply in relation to a law or instrument applied, adopted or incorporated under subsection (3).

Note     A law or instrument applied, adopted or incorporated under s (3) does not need to be notified under the Legislation Act

because s 47 (5) and (6) do not apply (see Legislation Act

, s 47 (7)).

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