Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Structural Amendments
(see s 5)
Part 2.1 Legislation Act 2001
[2.1] Section 19 (13), new definition of repealed
insert
"repealed" includes lapsed and expired.
Explanatory note
This amendment includes a new definition of "repealed" based on the definition of that term in section 82. The amendment makes it clear that lapsed and expired Acts and statutory instruments may be included on the ACT legislation register.
omit
The parliamentary counsel is authorised
substitute
The parliamentary counsel may
Explanatory note
This amendment simplifies language.
insert
(4) If the name of a registrable instrument is added or amended under this section, the parliamentary counsel may make a corresponding change to any explanatory statement or regulatory impact statement for the instrument.
Explanatory note
This amendment makes it clear that, if the parliamentary counsel adds a name to, or amends the name of, a registrable instrument, the parliamentary counsel may also make consequential changes to the instrument's explanatory statement or regulatory impact statement. As noted by the Standing Committee on Legal Affairs (performing the duties of a Scrutiny of Bills and Subordinate Legislation Committee), discrepancies between instruments and their explanatory documentation may cause confusion to people when tracking legislation on the register. The consistent naming of instruments and their explanatory documentation assists access to the law.
insert
60A Correction of name of explanatory statement etc
(1) This section applies if an explanatory statement or regulatory impact statement for a registrable instrument—
(a) does not include the instrument's number or name in an appropriate place; or
(b) includes a reference to the instrument's number or name that is incorrect.
(2) The parliamentary counsel may, before entering the statement in the register—
(a) include the instrument's number or name in an appropriate place in the statement; or
(b) correct the reference to the instrument's number or name.
Explanatory note
This amendment makes it clear that the parliamentary counsel may add or correct instrument numbers and names in explanatory statements and regulatory impact statements. As noted by the Standing Committee on Legal Affairs (performing the duties of a Scrutiny of Bills and Subordinate Legislation Committee), discrepancies between instruments and their explanatory documentation may cause confusion to people when tracking legislation on the register. The consistent naming of instruments and their explanatory documentation assists access to the law.
omit
after it is presented
insert
after the day it is presented
Explanatory note
This amendment expressly provides that, in working out the period within which notice of a disallowance motion must be given for a subordinate law or disallowable instrument, the day on which the law or instrument is presented to the Legislative Assembly is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment expressly provides that, in working out the period within which a disallowance notice for a subordinate law or disallowable instrument must be dealt with, the day on which the law or instrument is presented to the Legislative Assembly is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
omit
after it is presented
substitute
after the day it is presented
Explanatory note
This amendment expressly provides that, in working out the period within which notice of an amendment motion must be given for a subordinate law or disallowable instrument, the day on which the law or instrument is presented to the Legislative Assembly is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment expressly provides that, in working out the period within which an amendment motion for a subordinate law or disallowable instrument must be dealt with, the day on which the law or instrument is presented to the Legislative Assembly is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
[2.9] Section 72, definition of law
substitute
"law" means an Act or statutory instrument, and includes a provision of a law.
Explanatory note
This amendment includes all statutory instruments in the definition of law for chapter 8 (Commencement and exercise of powers before commencement). At present a number of provisions of the chapter apply to statutory instruments that are not subordinate laws or disallowable instruments, but the following sections do not apply:
• section 75 (Commencement of naming and commencement provisions on notification day)
• section 78 (Separate commencement of amendment)
• section 79 (Automatic commencement of postponed law)
• section 79A (Commencement of amendment of uncommenced law)
• section 80 (References to commencement of law)
• section 81 (Exercise of powers between notification and commencement).
There is no reason in principle why these sections should not apply (with any necessary changes) to statutory instruments such as notifiable instruments. There is considerable advantage to users of ACT legislation in having the provisions of the chapter apply as consistently as possible to all statutory instruments.
omit
on notification day
Explanatory note
This amendment is consequential on the change to the heading to section 75 made by the next amendment.
substitute
75 Commencement of naming and commencement provisions
Explanatory note
This amendment is consequential on the changed scope of the section because of the insertion of new section 75 (2A) by the next amendment.
insert
(2A) In the application of this section to a statutory instrument that is not a registrable instrument, a reference to the instrument's notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.
Explanatory note
This amendment provides for the modified operation of the section for instruments that do not have a notification day because they are not required to be notified. The subsection is modelled on section 73 (4) (a) and section 75A (2) and is consequential on the revised definition of law inserted into section 72 by another amendment.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
omit
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.16] Section 77 (1), (2) and (3)
omit
or notifiable instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
omit
or statutory instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
[2.19] Section 79 (4), new definition of law
insert
"law" means an Act, subordinate law, disallowable instrument or notifiable instrument, and includes a provision of a law.
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
Section 79 provides for the automatic commencement of a ‘law' that does not commence on its notification day because a law postpones its commencement until a day or time fixed or determined by a commencement notice. Section 11 defines a commencement notice as a statutory instrument that fixes or otherwise determines the commencement of ‘an Act, subordinate law, disallowable instrument or notifiable instrument'. The definition of law inserted by this amendment reflects the definition of commencement notice in section 11.
substitute
(b) for any other appointment or statutory instrument—the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.
Explanatory note
This amendment makes 2 changes to the paragraph.
First, the amendment brings the commencement of non-registrable instruments (that is, instruments not required to be notified on the ACT legislation register) under section 81 (4) into line with the commencement of registrable instruments. Under the amendment the commencement for a non-registrable instrument will be the day after the instrument is made (or, if it is required to be approved by an entity after making, the day after it is approved).
The law generally does not recognise parts of days. In theory, it is therefore presently possible for a non-registrable instrument to operate retrospectively by default from the time of making (or approval) back to the first moment of the day it is made (or approved). The amendment will prevent this result.
However, a non-prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) if the instrument clearly indicates that it is to commence retrospectively (see Legislation Act, s 75B and s 76 (1)). By contrast, a prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) only if the Legislation Act, section 76 (2) is displaced by, or under authority given by, an Act.
A similar amendment of the Legislation Act, section 73 (General rules about commencement) was made by the Statute Law Amendment Act 2003 (No 2) .
Second, the amendment deals expressly with instruments that are required to be approved after making. The commencement of such instruments operates from the day after the day of approval rather than the day after the day of making. In this respect the amendment brings the paragraph into line with the Legislation Act, section 73 (4) (a) and section 75A (2) (see also proposed sections 75 (2A) and 89 (8A) inserted by other amendments in this schedule).
insert
(5A) In the application of this section to a statutory instrument that is not a registrable instrument, a reference to the instrument being notified is a reference to the instrument being made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, to the instrument being approved.
Explanatory note
This amendment provides for the modified operation of the section for instruments that are not notified. The amendment is consequential on the revised definition of law inserted into section 72 by another amendment.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.23] Section 82, definition of law
substitute
"law" means an Act or statutory instrument, and includes a provision of a law.
Explanatory note
This amendment includes all statutory instruments in the definition of law for chapter 9 (Repeal and amendment of laws). At present a number of provisions of the chapter do not generally apply to statutory instruments that are not subordinate laws or disallowable instruments. With one exception (for which an amendment is provided below), there is no reason why the chapter should not apply generally to statutory instruments such as notifiable instruments. There is considerable advantage to users of ACT legislation in having a consistent set of provisions about repeal and amendment applying to all statutory instruments. In addition, application of provisions such as section 89 (Automatic repeal of certain laws and provisions) will assist in avoiding unnecessary clutter of redundant instruments on the ACT legislation register.
[2.24] Section 82, definition of repeal
omit
expiry
substitute
expire
Explanatory note
This amendment corrects the syntax of the definition.
insert
(3A) In this section:
"law" means an Act or subordinate law, and includes a provision of a law.
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment. The amendment inserts a definition of law for the section to avoid any possible implication that a law other than an Act or subordinate law may create an offence.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
insert
(8A) In the application of subsection (8) to a statutory instrument that is not a registrable instrument, a reference to the instrument's notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.
Explanatory note
This amendment provides for the modified operation of section 89 (8) for instruments that do not have a notification day because they are not required to be notified. Proposed section 89 (8A) is modelled on section 73 (4) (a) and section 75A (2) and is consequential on the revised definition of law inserted into section 82 by another amendment.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.30] Section 89 (11), definition of amending law , paragraph (g)
omit
or statutory instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
[2.31] Section 89 (11), definition of amending provision
omit
or statutory instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
[2.32] Section 89 (11), definition of amending provision , paragraph (a)
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
omit
subordinate law or disallowable instrument
substitute
statutory instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
omit
, instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
omit
subordinate or disallowable instrument
substitute
statutory instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
omit
, instrument
Explanatory note
This amendment is consequential on the revised definition of law inserted into section 82 by another amendment.
substitute
107 Definitions for ch 11
Explanatory note
This amendment is consequential on the insertion of a new definition into the section by the next amendment.
[2.38] Section 107, new definition of republication
insert
"republication" means a republication of a law.
Explanatory note
This amendment inserts a definition of republication that
was inadvertently omitted by earlier amendments.
[2.39] Dictionary, part 1, new definitions
insert
"chief solicitor" means the chief solicitor under the Government Solicitor Act 1989 .
"Court of Appeal" means the Court of Appeal constituted under the Supreme Court Act 1933 .
"independent competition and regulatory commission" means the Independent Competition and Regulatory Commission for the Australian Capital Territory established under the Independent Competition and Regulatory Commission Act 1997 .
"infringement notice" includes an infringement notice under the Magistrates Court Act 1930 or the Road Transport (General) Act 1999 .
"national capital plan "means the National Capital Plan under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
Explanatory note
This amendment inserts definitions that will apply across the ACT statute book. In particular, the new definition of infringement notice is inclusive and will assist readers by drawing attention to the most important Acts under which infringement notices are issued.
[2.40] Dictionary, part 1, definition of notification, paragraph (b)
omit
statutory
substitute
registrable
Explanatory note
This amendment corrects a minor error.
[2.41] Dictionary, part 1, definition of repeal , paragraph (b)
omit
application,
substitute
application
Explanatory note
This amendment omits an unnecessary comma.
[2.42] Dictionary, part 1, definition of repeal , paragraph (b) (as amended)
relocate and renumber as paragraph (ca)
Explanatory note
This amendment places the paragraph in a more appropriate sequence in the definition.
[2.43] Dictionary, part 1, definition of repeal, new paragraph (cb)
insert
(cb) for an Act or statutory instrument (or a provision of it)—any other implied repeal; and
Explanatory note
This amendment extends the meaning of repeal by including any form of implied repeal of an Act or statutory instrument that is not covered by paragraph (b) (which is relocated and renumbered as paragraph (ca) by another amendment). That paragraph provides that repeal includes abrogate or limit in effect. An implied repeal also happens when a law provides inconsistently with an existing law in a way that indicates that the earlier law is no longer to have effect.
[2.44] Dictionary, part 1, definition of repeal
renumber paragraphs when Act next republished under Legislation Act
Explanatory note
This amendment
provides for the consequential renumbering of paragraphs.
[2.45] Dictionary, part 1, new definition of resident judge
insert
"resident judge" means a resident judge under the Supreme Court Act 1933 .
Explanatory note
This amendment inserts a new definition that will apply across the ACT statute book.