Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 97

Notification of certain incorporated documents

    (1)     This section applies to—

        (a)     an incorporated document; or

        (b)     an amendment of, or replacement for, an incorporated document.

Example of replacement document

a new edition of the incorporated document

Note 1     For the meaning of incorporated document , see the dictionary.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The chief executive may prepare a written notice (an incorporated document notice ) for the incorporated document, amendment or replacement that contains the following information:

        (a)     for an incorporated document—details of the document, including its title, author and date of publication;

        (b)     for a replacement of an incorporated document—details of the replacement, including its title, author and date of publication;

        (c)     for an amendment of an incorporated document—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment;

        (d)     for an incorporated document or any amendment or replacement

              (i)     a date of effect (no earlier than the day after the day of notification of the notice); and

              (ii)     details of how access to inspect the document, amendment or replacement may be obtained under section 96 (Inspection of incorporated documents); and

              (iii)     details of how copies may be obtained, including an indication of whether there is a cost involved.

    (3)     An incorporated document notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless—

        (a)     an incorporated document notice is notified in relation to the document, amendment or replacement; or

        (b)     the document, amendment or replacement is notified under the Legislation Act, section 47 (6).

    (5)     The Legislation Act, section 47 (7) does not apply in relation to incorporated documents.

    (6)     In this section:

"amendment", of an incorporated document, includes an amendment of a replacement for the incorporated document.

"replacement", for an incorporated document, means—

        (a)     a document that replaces the incorporated document; or

        (b)     a document (an initial replacement ) that replaces a document mentioned in paragraph (a); or

        (c)     a document (a further replacement ) that replaces an initial replacement or any further replacement.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback