Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 3 Technical amendments
(see s 5)
Part 3.1 Administration (Interstate Agreements) Act 1997
substitute
7 Consultation about agreements
(1) A Minister proposing to participate in a negotiation for an interstate agreement must, if practicable, comply with subsection (3).
(2) A Minister participating in a negotiation for an interstate agreement must, if subsection (3) has not been complied with, comply with the subsection as soon as practicable in relation to the negotiation.
(3) The Minister must consult with the following committees about the issues to be considered in the negotiation:
(a) a standing committee of the Legislative Assembly nominated by the Speaker for the purpose;
(b) the legal affairs committee.
(4) If a standing committee of the Legislative Assembly has been nominated under subsection (3) (a) for a negotiation, it is sufficient for subsection (3) (b) if the Minister consults with the legal affairs committee when it is performing the duties of a scrutiny of bills and subordinate legislation committee so far as its terms of reference as such a committee are relevant.
(5) In participating in the negotiation, the Minister must have regard to any recommendation made by a relevant committee following the consultation.
(6) In this section:
"legal affairs committee "means the standing committee of the Legislative Assembly responsible for performing the duties of a scrutiny of bills and subordinate legislation committee.
Explanatory note
This amendment updates the reference to the legal affairs committee and brings the section more closely into line with current drafting practice.
Part 3.2 Associations Incorporation Act 1991
omit
the Australian Society of Certified Practising Accountants
substitute
CPA Australia
Explanatory note
This amendment updates the name of the body.
Part 3.3 Australian Capital Tourism Corporation Act 1997
[3.3] Section 3
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘"business plan", in relation to a financial year, for part 4 (Management)—see section 20.' means that the term ‘business plan' is defined in that section and the definition applies to the part.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions. The definitions in existing section 3 are included in the new dictionary that is inserted by another amendment.
substitute
6 Powers of corporation
The corporation has the same capacity as an individual.
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).
Explanatory note
This amendment omits section 6 (1). It states that the corporation has power to do all things necessary and convenient to be done in connection with the performance of its functions. This is unnecessary because the Legislation Act , s 196 states that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function.
substitute
8 Constitution
The corporation consists of the following members:
(a) 7 members appointed under section 9 (1);
(b) the chief executive officer;
(c) a public servant appointed under section 9 (5).
Explanatory note
This amendment remakes existing section 8 (1) consequent on the omission of schedule 1 by another amendment. The schedule provides for the appointment of the members mentioned in section 8 (a).
This amendment also omits section 8 (2). It provides that the functions of the corporation are not affected by a vacancy in the corporation. This is unnecessary because the Legislation Act, section 199 (5) provides that the exercise of a function is not affected only because of vacancies in the body's membership.
substitute
9 Appointment of members
(1) The Minister must appoint 7 people as members (the appointed members ) of the corporation.
Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2) Before appointing an appointed member, the Minister must consider the suitability of the person for appointment having regard to the person's expertise and knowledge.
(3) An appointed member must not be appointed for a term of longer than 3 years.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint ).
(4) An appointed member holds the position on the conditions not provided by this Act or another Territory law that are stated in the instrument of appointment.
(5) The Minister must also appoint a public servant as a member of the corporation.
10 Chairperson and deputy chairperson
(1) The Minister must appoint a member to be the chairperson of the corporation.
(2) The members must elect another member to be the deputy chairperson of the corporation.
Explanatory note
Existing section 10 applies the provisions of schedule 1 to the appointment of the members mentioned in section 8 (a). The section is made redundant by the omission of the schedule by another amendment. New section 9 remakes schedule 1, clause 1 and clause 2 (1), (2), (3) (b) and (4) in accordance with current drafting practice.
Existing section 9 is remade as new section 10. A reference to the appointment of the chairperson being ‘in writing' is removed because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.
Existing section 11, which is omitted by the next amendment, is remade in accordance with current drafting practice as new section 9 (5)
The amendment also inserts standard appointment notes.
substitute
11 Ending of appointments
(1) The Minister may end the appointment of an appointed member for—
(a) misbehaviour; or
(b) physical or mental incapacity.
(2) The Minister must end the appointment of an appointed member if the member—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) is absent, except on leave, for 3 consecutive meetings; or
(c) contravenes section 15 (Disclosure of interest) without reasonable excuse; or
(d) is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
Note A person's appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment omits existing section 11 consequent on new section 9 (5) which is inserted by the previous amendment. New section 11 remakes schedule 1, clause 5 in accordance with current drafting practice. The schedule is omitted by another amendment.
omit
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
substitute
16 Appointment of chief executive officer
(1) The chief executive must appoint a public servant as the chief executive officer of the corporation.
Note For the making of appointments (including acting appointments), see Legislation Act , pt 19.3.
(2) If, immediately before the commencement of this section, the duties of an office in the public service included exercising the functions of the chief executive officer, then, until the chief executive makes an appointment under subsection (1) in relation to the office, a public servant for the time being exercising the duties of the office is the chief executive officer.
(3) Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(4) Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.
17 Functions of chief executive
The functions of the chief executive are to manage the corporation's affairs in accordance with the general directions of the corporation.
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain an office for the registrar etc in the public service. The Legislation Act, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.
The amendment includes transitional arrangements that operate until a new appointment is made.
This amendment also brings these provisions more closely into line with current drafting practice, including inserting a standard note about appointments.
substitute
18 Staff
The corporation's staff are to be employed under the Public Sector Management Act 1994 .
Explanatory note
This amendment brings this section into line with current drafting practice and is consequential on the omission of the definition of Public Sector Management Act by another amendment.
substitute
20 Meaning of business plan for pt 4
Explanatory note
This amendment is consequent on the next amendment. Definition provisions with only a single defined term refer to the term in the heading under current drafting practice.
[3.12] Section 20, definition of Financial Management Act
omit
Explanatory note
This amendment omits a definition of Financial Management Act consequent on other amendments made below.
omit
Financial Management Act
substitute
Explanatory note
This amendment is consequent on the omission of the definition of Financial Management Act from section 20.
substitute
25 Application of Financial Management Act, pt 8
(1) Funds must not be invested, or money borrowed, for the purposes of the corporation except in accordance with the Financial Management Act 1996 , part 8 (Financial provisions relating to Territory authorities).
(2) Subsection (1) does not limit the application of the Financial Management Act 1996 , part 8 in relation to the corporation.
Explanatory note
This amendment is consequent on the omission of the definition of Financial Management Act from section 20 and updates the section in line with current drafting practice.
substitute
Note For the meaning of quarter , see the Legislation Act , dict, pt 1.
Explanatory note
This amendment omits a definition of quarter and consequentially adds an explanatory note. The term is defined in the Legislation Act, dictionary, part 1.
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
relocate and renumber as section 31
Explanatory note
This amendment places the section in its preferable sequence.
relocate and renumber as section 30
Explanatory note
This amendment places the section in its preferable sequence.
omit
Explanatory note
Existing section 10, which is omitted by another amendment, applies the provisions of schedule 1 to the appointment of the members mentioned in section 8 (a). Amendments above incorporate the substance of schedule 1, clause 1, clause 2 (1), (2), (3) (b) and (4) and clause 5. The remaining provisions of the schedule are redundant for the reasons mentioned below.
• Clause 2 (3) (a) provides that the instrument of appointment must state the period of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.
• Clause 2 (5) provides that a former appointed member is eligible for reappointment. The Legislation Act, section 208 provides that a person may be reappointed to a position if the person is eligible to be appointed to the position. A note to this effect is included after new section 9 (3) which is inserted by another amendment above.
• Clause 3 provides for appointed members' remuneration. This is unnecessary because new section 9 (4) provides for conditions of appointment to be made under another Act which includes the Remuneration Tribunal Act 1995 .
• Clause 4 provides for the resignation of appointed members. This is unnecessary, because the Legislation Act, section 210 provides that a person's appointment also ends if the person resigns. A note to this effect is inserted in new section 11.
• Clause 6 provides for acting appointments. It is no longer necessary because—
• the Legislation Act, section 209 (1) provides that a power to make an appointment includes the power to make an acting appointment during vacancies and when the holder of the position is not available; and
• the Legislation Act, section 209 (2) provides that a power to appoint a person to act is exercisable in the same way, and is subject to the same conditions, as the power to make the appointment; and
• the bar on acting for longer than 1 year is contained in the Legislation Act, section 221 (1); and
• the Legislation Act, section 225 states that an acting appointment is not affected by a defect etc.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• appoint
• financial year
• Legislative Assembly
• public servant
• quarter
• sitting day.
"appointed member"—see section 9 (1).
"business plan", in relation to a financial year, for part 4 (Management)—see section 20.
"corporation" means the Australian Capital Tourism Corporation.
"member" means a member of the corporation.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.4 Births, Deaths and Marriages Registration Regulations 1998
[3.21] Regulation 1
substitute
1 Name of regulations
These regulations are the Births, Deaths and Marriages Registration Regulations 1998 .
Explanatory note
This amendment brings the naming provision of the regulations into line with current drafting practice.
Part 3.5 Confiscation of Criminal Assets Act 2003
omit everything before paragraph (a), substitute
(1) If the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is executed, the occupier or other person may ask a police officer who seizes—
Explanatory note
This amendment corrects an error of syntax.
Part 3.6 Crime Prevention Powers Act 1998
[3.23] Section 1
substitute
1 Name of Act
This Act is the Crime Prevention Powers Act 1998 .
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.24] Section 3
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines terms used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions. The definitions in the definitions section omitted by this amendment are inserted into a new dictionary by another amendment.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• police officer
• property.
"public place" means—
(a) any street, road, public park or reserve; or
(b) any building, premises or other place that the public is entitled to use or that is open to, or used by, the public, whether on payment of money or otherwise.
"violent conduct" means—
(a) violence to, or intimidation of, a person; or
(b) damage to property.
Explanatory note
This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.
Part 3.7 Custodial Escorts Act 1998
[3.26] Section 1
substitute
1 Name of Act
This Act is the Custodial Escorts Act 1998 .
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.27] Section 3
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions. The definitions in the definitions section omitted by this amendment (other than the definition of chief police officer ) are inserted into a new dictionary by another amendment. ‘Chief police officer' is defined in the Legislation Act, dictionary, part 1.
[3.28] Section 4
substitute
4 Escorts—appointment
(1) The administrator may appoint a person to be an escort.
Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(2) The administrator must not appoint a police officer to be an escort without the chief police officer's approval.
Explanatory note
This amendment updates the appointment section by removing the words ‘in writing' because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.
The amendment also inserts standard appointment notes.
substitute
8 Functions under other laws
(1) The functions of an escort under this Act are additional to those provided under any other Territory law.
(2) This Act does not limit the powers of a police officer, or custodial officer, who is also an escort.
Explanatory note
This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines function to include ‘power' and under to include ‘by'.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• chief police officer
• entity
• function
• judge
• law, of the Territory
• magistrate
• police officer
• sentence administration board
• under.
"administrator "means the administrator under the Remand Centres Act 1976 .
"arrested person" means—
(a) a person who has been arrested by a police officer, whether under a warrant or otherwise; or
(b) a person who is in the custody of a police officer after being arrested by someone else for an offence; or
(c) a person who has been arrested or apprehended under a warrant, direction or order to secure the person's attendance at a court.
"court" includes—
(a) a judge, magistrate or coroner (including a deputy coroner); and
(b) the sentence administration board; and
(c) any other entity having power to compel the attendance of witnesses.
"custodial officer "means a custodial officer under the Remand Centres Act 1976 .
"escort "means a person appointed under section 4.
Explanatory note
This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment. The definitions have been updated in accordance with current drafting practice. Coroners have been dealt with expressly in the definition of court . They previously came under paragraph (c) of that definition.
Part 3.8 Drugs of Dependence Act 1989
[3.31] Section 6 (1) (e) (iii)
substitute
(iii) of an offence in Australia or a foreign country punishable on conviction by a fine of at least 100 penalty units (or an equivalent amount) or by imprisonment for a period of at least 1 year;
Explanatory note
This amendment updates language and converts an amount to penalty units.
[3.32] Section 11 (1) (a) (iii)
substitute
(iii) of an offence in Australia or a foreign country punishable on conviction by a fine of at least 100 penalty units (or an equivalent amount) or by imprisonment for a period of at least 1 year; or
Explanatory note
This amendment updates language and converts an amount to penalty units.
[3.33] Section 20 (1) (e) (iii)
substitute
(iii) of an offence in Australia or a foreign country punishable on conviction by a fine of at least 100 penalty units (or an equivalent amount) or by imprisonment for a period of at least 1 year;
Explanatory note
This amendment updates language, omits a redundant reference to ‘or' at the end of the provision and converts an amount to penalty units.
[3.34] Section 25 (1) (a) (iii)
substitute
(iii) of an offence in Australia or a foreign country punishable on conviction by a fine of at least 100 penalty units (or an equivalent amount) or by imprisonment for a period of at least 1 year; or
Explanatory note
This amendment updates language and converts an amount to penalty units.
substitute
52 Application of pt 5
Explanatory note
This amendment corrects a minor error in the heading.
substitute
56 Definitions for pt 6
Explanatory note
This amendment corrects a misdescription in the section's heading.
omit
appointment
substitute
appoint
Explanatory note
This amendment corrects a grammatical error.
omit
Explanatory note
This amendment removes a transitional provision which has fulfilled its function.
omit
they control
substitute
the person controls
Explanatory note
This amendment corrects a grammatical error.
after
disposed
insert
of
Explanatory note
This amendment corrects a grammatical error.
[3.41] Section 123 (6) (a) and (b)
omit
; and
substitute
; or
Explanatory note
This amendment brings language into line with current drafting practice.
omit
officer
substitute
offender
Explanatory note
This amendment corrects a misdescription of a person.
omit
it believes
substitute
the Minister believes
Explanatory note
This amendment corrects an error.
[3.44] References to medical practitioner
omit
medical practitioner
substitute
doctor
in
• section 3 (1), definition of intern
• section 3 (1), definition of "treatment centre", paragraph (c)
• section 56, definition of medical practitioner
• section 57 (1)
• section 59
• section 59A
• section 60 (2)
• section 61
• section 62 (1) (b)
• section 63 (1) (f)
• section 64
• section 65, definition of medical practitioner
• section 66 (3)
• section 67 (a)
• section 78 (2) (c)
• section 79 (2) (a) (iii) and (b)
• section 80
• section 84 (1), definition of medical practitioner
• section 84 (2)
• section 86 (1)
• section 95, definition of "prescribed person", paragraph (d)
• section 100 (2) (e)
• section 102 (2) (d)
• section 102A (1) (b) (vi)
• section 102B (1) (b) (vi)
• section 113
• section 115 (1)
• section 117 (1) (e)
• section 118 (b)
• section 120 (4) (a) (i)
• section 160 (1), definition of "exempt person", paragraph (c) (i)
• section 164 (4) (b) and (f)
• section 166 (2)
• section 167 (1), definition of authorised person
• section 167 (5)
• section 169 (3)
• section 170 (1) (b) and (3) (a) and (c) (i)
• section 171 (4) (d)
• section 173 (6) (b)
• section 178 (1), definition of "prescribed premises", paragraph (d).
Explanatory note
This amendment updates the reference to medical practitioner in accordance with current drafting practice. Doctor is defined in the Legislation Act, dictionary, part 1.
Part 3.9 Food Act 2001
omit
sought
substitute
issued
Explanatory note
This amendment corrects a minor misdescription.
omit
( warrant form )
substitute
(the warrant form )
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
omit
subsection (5)
substitute
subsection (6)
Explanatory note
This amendment corrects a cross-reference.
omit
food be kept
substitute
food must be kept
Explanatory note
This amendment inserts a missing word.
omit
this section
substitute
section 101 (Procedure for taking action in relation to registration)
Explanatory note
This amendment corrects a minor error. Section 131 provides that the renewal or amendment of the registration of a food business under section 93 or section 97 does not affect action in relation to the registration of the food business under ‘this section'. Action in relation to the registration of food business is, in fact, taken under section 101.
[3.50] Section 145 (1), definition of person to whom this section applies
substitute
"person to whom this section applies" means—
(a) a person who is or has been an authorised officer; or
(b) anyone else who has exercised a function under this Act.
Explanatory note
This amendment corrects an error in the structure of the definition.
before
ends
insert
or finding of guilt
Explanatory note
This amendment insets missing words into a provision about the publication of a notice after an appeal from a conviction or finding of guilty has ended.
Part 3.10 Gas Pipelines Access Act 1998
[3.52] Sections 3 and 4
substitute
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4 Terms used in Gas Pipelines Access (A.C.T.) Law
A term used in the Gas Pipelines Access (A.C.T.) Law has the same meaning in this Act.
Explanatory note
This amendment adds a standard notes provision. It also brings section 4 (currently section 3) into line with current drafting practice by using ‘term' instead of ‘word or expression'. This amendment also omits a section (current section 4) made redundant by the Legislation Act, section 121 (Binding effect of Acts).
[3.53] Section 8 (1), definition of local regulator , paragraph (b)
substitute
(b) in relation to a distribution pipeline—the independent competition and regulatory commission.
Explanatory note
This amendment simplifies the paragraph relying on the definition of the commission inserted into the Legislation Act, dictionary, part 1 by another amendment.
substitute
(2) The code registrar may delegate those functions to any person.
Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision and adds a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.
insert
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• Commonwealth
• give
• law
• State.
Part 3.11 Independent Competition and Regulatory Commission Act 1997
[3.56] Section 5 (1)
substitute
(1) The Independent Competition and Regulatory Commission for the Australian Capital Territory is established.
Explanatory note
This amendment corrects an omission that happened when the Independent Pricing and Regulatory Commission was renamed the Independent Competition and Regulatory Commission. The Independent Competition and Regulatory Commission Amendment Act 2000 made amendments reflecting the changed name. However, section 5 (1) was not amended. This amendment brings the subsection into line with those amendments.
[3.57] New section 5 (5) and (6)
insert
(5) To remove any doubt, the name of the commission is taken to have been changed to the Independent Competition and Regulatory Commission for the Australian Capital Territory by the Independent Competition and Regulatory Commission Amendment Act 2000 .
(6) This subsection and subsection (5) expire on the day this subsection commences.
Explanatory note
This amendment inserts a provision to remove any doubt that the Independent Competition and Regulatory Commission Amendment Act 2000 was effective to change the name of the commission, even though section 5 (1) was not amended by that Act.
Part 3.12 Interactive Gambling Act 1998
[3.58] Section 3 , definitions of agent , authorised game, business associate and executive associate
omit
Explanatory note
This amendment omits definitions that are replaced by signpost definitions in a dictionary in accordance with current drafting practice. The dictionary is inserted by another enactment.
[3.59] Section 3 , definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.60] Section 3 , remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.
For example, the signpost definition ‘ disqualified person —see section 18B.' means that the term ‘disqualified person ' is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.
omit
(including the law as amended or substituted from time to time)
Explanatory note
This amendment omits unnecessary words. The Legislation Act, section 102 provides that a reference to a law (including the law of a State or another Territory) includes the law as amended or remade.
substitute
(3) A declaration under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Explanatory note
This amendment omits the words ‘and any instrument amending or revoking such a declaration' because the Legislation Act, section 46 provides that if a declaration is a disallowable instrument then any amendment or repeal of the declaration is also a disallowable instrument.
omit
instrument of approval
substitute
authorisation
Explanatory note
This amendment updates language.
[3.64] Section 29 (2), definition of entity
omit
Explanatory note
This amendment omits a definition that is now redundant. The Legislation Act , dictionary, part 1 defines entity to include an unincorporated body and a person (including a person occupying a position).
omit
(1) In deciding
substitute
In deciding
Explanatory note
This amendment is consequential on the omission of section 30 (2).
omit
Explanatory note
This amendment omits a subsection that defines ‘entity'. The definition is now redundant. The Legislation Act, dictionary, part 1 defines entity to include an unincorporated body and a person (including a person occupying a position).
[3.67] Section 44 (1), new notes
insert
Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment adds standard notes about appointments.
omit
and due
Explanatory note
This amendment omits unnecessary words.
omit
that is due
substitute
that is payable
Explanatory note
This amendment updates language.
substitute
(3) If the claimant receives a claim result notice, the claimant must make any request to the commission under subsection (2) within 10 days after the day the claimant receives the notice.
Note If a form is approved under the Control Act, s 53D for an application under this subsection, the form must be used.
Explanatory note
This amendment removes the reference to a request having to be in the approved form. The Gambling and Racing Control Act 1999 , section 53D permits a form to be approved for a request. If a form is approved, that section requires the form to be used.
omit
peruse
substitute
inspect
Explanatory note
This amendment updates language.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• administrative appeals tribunal
• contravention
• Corporations Act
• entity
• indictable offence
• individual
• person
• State
• the Territory.
"agent"—see section 6.
"ancillary gambling agreement", for division 7.9 (Ancillary and related agreements)—see section 112.
"approved place", for division 7.6 (Gambling records)—see section 103.
"authorised game"—see section 10.
"business associate"—see section 4.
"executive associate"—see section 4.
"exempt gambling record", for division 7.6 (Gambling records)—see section 103.
"exempted provider", for division 2.5 (Exemption schemes)—see section 21.
exemption scheme, for division 2.5 (Exemption schemes)—see section 21.
"interactive gambling tax", for part 6 (Licence fees and tax)—see section 81.
"key person"—see section 5.
"key relationship"—see section 5.
"primary decision", for part 8 (Administrative review)—see section 140.
"public office", for division 7.6 (Gambling records)—see section 103.
"related agreement", for division 7.9 (Ancillary and related agreements)—see section 112.
"reviewable decision", for part 8 (Administrative review)—see section 140.
Explanatory note
This amendment inserts a dictionary, signpost definitions (in line with current drafting practice) and standard dictionary notes.
Part 3.13 Interactive Gambling Regulations 1998
[3.73] Regulation 3 , definitions
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.74] Regulation 3 , remainder
substitute
2 Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1 The dictionary at the end of these regulations defines certain terms used in these regulations.
Note 2 A definition in the dictionary applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act , s 155 and s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.
[3.75] Regulation 4
omit
substitute
dictionary
Explanatory note
This amendment is consequential on the insertion of a dictionary in the Act by another amendment and the relocation of the definitions in section 3 to the dictionary.
omit
subsection
substitute
subregulation
Explanatory note
This amendment corrects a reference to a provision name.
[3.77] Regulations 12 (3) and 12A (1) and (4)
omit
section
substitute
regulation
Explanatory note
This amendment corrects references to provision names.
omit
commissioner
substitute
commission
Explanatory note
This amendment omits a reference to ‘commissioner' and substitutes a reference to ‘commission'. Under the Gambling and Racing Control Act 1999 , section 6 the functions of the gaming and racing commission include administering the gaming laws (including the Interactive Gambling Act 1998 and the Interactive Gambling Regulations 1998) .
insert
Dictionary
(see reg 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• Commonwealth
• document
• financial year
• GST
• lawyer
• month.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.14 Limitation Act 1985
omit
than
Explanatory note
This amendment corrects a typographical error in a reference to the section heading for section 16B.
Part 3.15 Magistrates Court (Agents Infringement Notices) Regulations 2003
[3.81] Regulations 10 (a) and 11 (a)
omit
and
substitute
or
Explanatory note
This amendment brings language into line with current drafting practice.
Part 3.16 Occupational Health and Safety (Manual Handling) Regulations 1997
[3.82] Regulation 1
substitute
1 Name of regulations
These regulations are the Occupational Health and Safety (Manual Handling) Regulations 1997 .
Explanatory note
This amendment brings the naming provision of the regulations into line with current drafting practice.
[3.83] Regulation 3
substitute
2 Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1 The dictionary at the end of these regulations defines certain terms used in these regulations.
Note 2 A definition in the dictionary applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act , s 155 and s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment replaces regulation 3 with standard dictionary and notes provisions. The definitions (other than the Act) are inserted into a new dictionary that is inserted by another amendment. The definition the Act is redundant because of the Legislation Act, section 105 (References in statutory instruments to the Act ).
insert
Dictionary
(see reg 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following term:
• penalty unit (see s 133).
Note 3 Terms used in these regulations have the same meaning that they have in the Occupational Health and Safety Act 1989 (see Legislation Act , s 148). In particular, the following terms are defined in the Occupational Health and Safety Act 1989 , dict:
• employee
• employer
• health and safety representative
• involved union.
"manual handling" means any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any animate or inanimate object.
"person in control" means a person mentioned in the Act, section 29 (1).
"representative on health and safety issues", in relation to an employee, means—
(a) if there is a health and safety representative selected under the Act, section 40 for a designated work group that includes the employee—the health and safety representative; or
(b) if there is no health and safety representative, but there is an involved union for the designated work group—a representative of an involved union; or
(c) if there is no health and safety representative and no involved union, and more than 1 employee is required to carry out the relevant manual handling task—an employee nominated by those employees.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes. The definitions have been brought more closely into line with current drafting practice.
Part 3.17 Sale of Motor Vehicles Act 1977
[3.85] Dictionary, definition of qualified accountant , paragraph (a)
omit
the Australian Society of Certified Practising Accountants; or
substitute
CPA Australia; or
Explanatory note
This amendment updates the name of the body.
Part 3.18 Tertiary Accreditation and Registration Act 2003
omit
authority
substitute
council
Explanatory note
This amendment corrects a misdescription of the relevant body.
Part 3.19 Utilities Act 2000
[3.87] Dictionary, definition of owner , paragraph (c)
substitute
(c) for a unit under the Unit Titles Act 2000 —the unit owner;
Explanatory note
This amendment updates the Act reference and terminology.
Part 3.20 Victims of Crime (Financial Assistance) Regulations 1998
[3.88] Regulation 1
substitute
1 Name of regulations
These regulations are the Victims of Crime (Financial Assistance) Regulations 1998 .
Explanatory note
This amendment brings the naming provision of the regulations into line with current drafting practice.
[3.89] Regulation 3
substitute
2 Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1 The dictionary at the end of these regulations defines certain terms used in these regulations.
Note 2 A definition in the dictionary applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act , s 155 and s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment replaces regulation 3 with standard dictionary and notes provisions. The definitions (other than director ) are inserted into a new dictionary that is inserted by another amendment. The definition of director is no longer needed because of another amendment.
omit
legal practitioner
substitute
lawyer
Explanatory note
This amendment replaces a reference to ‘legal practitioner' with a reference to ‘lawyer' in line with current drafting practice. Lawyer is defined in the Legislation Act, dictionary, part 1.
[3.91] Regulation 4 (1) (a) and (2)
omit
director
substitute
director of corrective services
Explanatory note
This amendment replaces references to ‘director' with references to ‘director of corrective services'. Director of corrective services is defined in the Legislation Act, dictionary, part 1.
[3.92] Regulation 4 (3) (h)
substitute
(h) contain a statement to the effect that, under regulation 5, the appropriate court officer may, on application by the person, fix a later date for payment of the levy; and
Explanatory note
This amendment omits an unnecessary word (‘due') and corrects a reference to a defined term (‘appropriate court officer').
[3.93] Regulation 4 (3) (j)
omit
due date
substitute
date for payment
Explanatory note
This amendment is consequential on amendments of regulations 4 (3) (h) and 5.
[3.94] Regulation 5
omit
due
Explanatory note
This amendment omits an unnecessary word.
insert
Dictionary
(see reg 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• lawyer
• Magistrates Court
• registrar
• Supreme Court
• the Territory.
"appropriate" court officer means—
(a) for levy imposed in relation to an offence dealt with by the Supreme Court—the registrar of the Supreme Court; or
(b) for levy imposed in relation to an offence dealt with by the Magistrates Court—the registrar of the Magistrates Court.
"levy" means a levy imposed under the Act, section 68 (1).
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.21 Water Resources Act 1998
[3.96] Section 1
substitute
1 Name of Act
This Act is the Water Resources Act 1998 .
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.97] Section 4 , definition of authority
substitute
"authority" means the environment protection authority.
Explanatory note
This amendment omits words made redundant by the definition of environment protection authority in the Legislation Act, dictionary, part 1 and updates the authority's name.
[3.98] Section 4 , definition of waterway, paragraph (b)
substitute
(b) the stormwater system or any other channel formed (whether in whole or part) by altering or relocating a waterway mentioned in paragraph (a); or
Explanatory note
This amendment brings the structure and language of the paragraph more closely into line with current drafting practice.
[3.99] Section 4 , definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the remaining definitions to a new dictionary that is inserted by another amendment.
[3.100] Section 4 , remainder
substitute
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act.
For example, the signpost definition ‘"connected", for part 8 (Enforcement)—see section 54.' means that the term ‘connected' is defined in that section and the definition applies to that part.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.
insert
Note This section commenced on 11 December 1998.
Explanatory note
The section refers to the grant of rights before the commencement of the section. This amendment inserts a note to assist uses to identify the relevant date.
substitute
15 Delegation
The authority may delegate the authority's functions under this Act to a public employee.
Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision as follows:
• the words ‘by instrument' have been omitted because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing;
• the word ‘functions' has been substituted for the word ‘powers' because the Legislation Act, dictionary, part 1, defines function to include powers and function is the term now used in legislation;
• the words ‘other than this power of delegation' have been omitted because the Legislation Act, section 236 provides that the appointer must not delegate the appointer's power to delegate.
This amendment also adds a standard note about delegations.
insert
Note Section 13 commenced on 11 December 1998.
Explanatory note
The section refers to the grant of rights after the commencement of section 13. This amendment inserts a note to assist uses to identify the relevant date.
substitute
(4) The power of the authority to allocate water must be exercised by public auction or public tender or, if either method is unsuccessful, by private contract.
Explanatory note
This amendment omits a reference to a repealed section (section 81) and brings the language of the subsection more closely into line with current drafting practice.
substitute
(7) The Minister or the authority may grant an allocation under this section only if provision is made for the allocation in the management plan.
Explanatory note
This amendment brings the language of the subsection more closely into line with current drafting practice.
omit
, as the case requires,
Explanatory note
This amendment omits unnecessary words.
omit
Nothing in subsection (3) shall be construed as authorising
substitute
Subsection (3) does not authorise
Explanatory note
This amendment updates language.
omit
power or authority
substitute
function
Explanatory note
This amendment changes a reference to ‘power or authority' to ‘function'. Function is defined in the Legislation Act , dictionary, part 1 to include authority, duty and power.
omit
power or
Explanatory note
This amendment omits an unnecessary reference to the word ‘power'. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.110] Section 35 (9), new note
insert
Note Section 13 commenced on 11 December 1998.
Explanatory note
The subsection refers to the grant of rights after the commencement of section 13. This amendment inserts a note to assist uses to identify the relevant date.
substitute
54 Definitions for pt 8
In this part:
"connected"—a thing is connected with a particular offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence; or
(c) it was used, is being used, or is intended to be used, to commit the offence.
"offence" includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
"premises" includes vacant land.
Explanatory note
This amendment brings the form of 2 definitions presently in section 54 into line with current drafting practice and updates language.
substitute
(7) This section does not affect the operation of the Land (Planning and Environment) Act 1991 .
Explanatory note
This amendment brings the language of the subsection more closely into line with current drafting practice.
omit
due
substitute
payable
Explanatory note
This amendment updates language.
omit
date on which it is due and payable
substitute
day it is payable
Explanatory note
This amendment updates language.
omit
powers
substitute
functions
Explanatory note
This amendment changes a reference to ‘powers' to ‘functions'. Function is defined in the Legislation Act , dictionary, part 1 to include authority, duty and power.
substitute
(2) If the authority makes a decision mentioned in subsection (1) in relation to an application, licence or permit, the authority must give written notice of the decision to the applicant or the holder of the licence or permit.
Explanatory note
This amendment brings the language of the subsection more closely into line with current drafting practice.
omit
Explanatory note
This amendment omits a redundant subsection. The subsection relates to section 71 which was omitted by the Legislation (Consequential Amendments) Act 2001 .
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment is consequential of the omission of a subsection by the preceding amendment.
[3.119] Section 78A (2), new note
insert
Note For other provisions about forms, see the Legislation Act, s 255.
Explanatory note
This amendment brings the section into line with current drafting practice.
omit
Explanatory note
This amendment omits a redundant section about review of the Act.
insert
Dictionary
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• administrative appeals tribunal
• chief fire control officer
• Commonwealth
• environment protection authority
• fire commissioner
• fire brigade
• function
• notifiable instrument (see s 10)
• police officer
• public employee
• State
• the Territory
• writing.
"connected," for part 8 (Enforcement)—see section 54.
offence , for part 8 (Enforcement)—see section 54.
"premises", for part 8 (Enforcement)—see section 54.
Explanatory note
This amendment inserts a dictionary, signpost definitions (in line with current drafting practice) and standard dictionary notes.
Part 3.22 Workers Compensation Act 1951
[3.122] Dictionary, definition of recognised auditor , paragraph (c)
substitute
(c) a member of CPA Australia;
Explanatory note
This amendment updates the name of the body.