Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Legislation Act 2001
(see s 5)
omit everything before paragraph (a), insert
60 Correction etc of name of instrument
(1) This section applies if a legislative instrument, or a statutory instrument entered on the register under section 19 (3), is unnamed or the name it gives to itself—
Explanatory note
Section 60 ensures that legislative instruments notified on the legislation register are named correctly, in line with current legislative drafting practice It provides for names to be added to unnamed instruments and sets out the limited circumstances in which the name of an instrument may be corrected to bring it into line with current legislative drafting practice. Consistent naming of instruments makes them easier for users to find, therefore enhancing access to legislation.
The amendment will extend the section to statutory instruments added to the register under section 19 (3) (Contents of register). That section includes provision for certain statutory instruments to be added to the register as ‘additional material' if the parliamentary counsel considers it is likely to be helpful to users of the register. For example, appointments of public servants to various statutory bodies are generally not notifiable but can be included on the register for public information, where appropriate. The amendment will ensure that the naming conventions for legislative instruments apply also to this additional material.
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another legislative instrument
insert
another instrument
Explanatory note
This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.
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other legislative instruments
insert
other instruments
Explanatory note
This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.
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the legislative instrument
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the instrument
Explanatory note
This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.
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a legislative instrument
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an instrument
Explanatory note
This amendment is consequential on the extension of the application of section 60 to certain statutory instruments by another amendment.
substitute
(b) the heading of the relevant amending provision of the amending law;
Explanatory note
The existing paragraph refers to the ‘heading of the relevant amending provision of the amending Act'. This amendment remakes the paragraph so that it is consistent with the rest of section 91 (9), which refers to ‘the amending law'.
substitute
(1) In an Act or statutory instrument, a definition of a term that includes the word ‘see' followed by a reference to a law or instrument (a "signpost definition") means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time.
Examples
1 A signpost definition ‘"food"—see section 10.' in the dictionary to an Act means that the word ‘food' when used in the Act has the same meaning as it has in section 10, as in force from time to time.
2 A signpost definition ‘"injury"—see the XYZ Act 2001 , dictionary.' in the dictionary to another Act means that the word ‘injury', when used in the other Act, has the same meaning as it has in the definition of injury in the XYZ Act 2001 , dictionary, as in force from time to time.
3 A signpost definition ‘OH&S Council—see the XYZ Act 2000", dictionary, definition of "council .' means that the expression ‘OH&S Council' has the same meaning as the word ‘council' has in the definition of council in the XYZ Act 2000 , dictionary, as in force from time to time.
Note 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 s 126 and s 132).
Explanatory note
The term ‘signpost definition' is not currently defined in the Act, dictionary, part 1. However, it is used in the heading to section 131 and in notes, and in provisions and notes in other Acts. This amendment remakes the subsection to include the words in brackets to make clear that the definition described is a signpost definition.
substitute
(1) In an Act or statutory instrument, a reference to a "person" generally includes a reference to a corporation as well as an individual.
Explanatory note
This amendment revises section 160 (1) to make clear that the provision is giving meaning to the term ‘person' and to enable a signpost definition for the term to be inserted in the dictionary.
[2.9] Dictionary, part 1, new definitions
insert
"AS"—see section 164 (1) (References to Australian Standards etc).
"AS/NZS"—see section 164 (2) (References to Australian Standards etc).
"Australian/New Zealand Standard"—see section 164 (2) (References to Australian Standards etc).
"Australian Standard"—see section 164 (1) (References to Australian Standards etc).
Explanatory note
This amendment inserts signpost definitions for terms given meaning by section 164.
[2.10] Dictionary, part 1, new definition of daily newspaper
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"daily newspaper "means a daily newspaper circulating generally in the ACT.
Explanatory note
This amendment inserts a definition of daily newspaper into the Legislation Act, dictionary, part 1 (Meaning of commonly-used terms). Including the term in the Legislation Act will simplify the statute book, as the term is currently used in over 50 Acts and regulations.
[2.11] Dictionary, part 1, definition of person and note
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"person—"see section 160 (References to people generally).
Explanatory note
This amendment is consequential on changes made to section 160 (1) by another amendment.
[2.12] Dictionary, part 1, definition of registrar of liquor licences
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Explanatory note
This amendment is consequential on an amendment of the Liquor Act 1975 made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 , schedule 1, amendment 1.417 omitting divisions 2.1 and 2.2 of that Act. Division 2.2 established the positions of Registrar and Deputy Registrar of Liquor Licences. The amendment replaced those positions with the commissioner for fair trading.
[2.13] Dictionary, part 1, definition of see
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Explanatory note
This amendment is consequential on changes made to section 131 (1) by another amendment.
[2.14] Dictionary, part 1, new definition of signpost definition
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"signpost definition"—see section 131 (Signpost definition).
Explanatory note
This amendment inserts a definition of ‘signpost definition' to make clear that section 131 is giving meaning to the term ‘signpost definition'.
[2.15] Dictionary, part 1, definition of sitting day
substitute
"sitting day", of the Legislative Assembly, means a period that commences on a day the Assembly meets and continues until the Assembly next adjourns.
Note A sitting day may continue for 1 or more days.
Explanatory note
This amendment makes the Legislation Act definition of sitting day consistent with the practice of the Legislative Assembly.