STATUTE LAW AMENDMENT ACT 2013 (NO 2) (NO. 44 OF 2013)

Australian Capital Territory Numbered Acts

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

STATUTE LAW AMENDMENT ACT 2013 (NO 2) (NO. 44 OF 2013) - SCHEDULE 3

Schedule 3 Technical amendments

(see s 5)

Part 3.1 Agents Act 2003

[3.1] Section 37 heading

substitute

37 Continuation of existing licences until renewal applications decided

Explanatory note

This amendment updates the heading in line with current legislative drafting practice.

[3.2] Sections 37 (4) and 61 (4), new note

insert

Note Found guilty ––see the Legislation Act

, dictionary, pt 1.

Explanatory note

This amendment inserts a standard note in line with current legislative drafting practice.

[3.3] Section 78 (e)

omit

disseminated

substitute

distributed

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.4] Section 107 (4) (b) (ii)

omit

bears

substitute

has

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.5] Section 114 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.6] Section 116 (1), new notes

insert

Note 1 The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.7] Division 10.2 heading

substitute

Division 10.2 Claims against compensation fund

Explanatory note

This amendment updates the heading in line with current legislative drafting practice.

[3.8] Section 151 (1), new notes

insert

Note 1 The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.9] Section 152 (2), new note 1A

insert

Note 1A It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note in relation to statutory declarations which are mentioned in another note.

[3.10] Sections 176 (1) and 177 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.11] Dictionary, definition of claimant

omit

the

Explanatory note

This amendment amends a heading description in the definition and is consequential on another amendment.

Part 3.2 Children and Young People Act 2008

[3.12] Section 10 (c)

omit

Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules)

substitute

the traditions and cultural values (including kinship rules) of Aboriginal and Torres Strait Islander people

Explanatory note

This amendment updates the provision in line with current legislative drafting practice.

[3.13] Section 24 (1)

omit

written

Explanatory note

This amendment omits a word that is redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.14] Section 30 (3) (b)

after 1st mention of

Islander

insert

person

Explanatory note

This amendment updates the provision in line with current legislative drafting practice.

[3.15] Section 68 (2)

omit

any or all

substitute

1 or both

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.16] Section 141 (1) (k), example

substitute

Example––par (k)

observances and practices relating to religious or spiritual beliefs, including the spiritual beliefs of Aboriginal or Torres Strait Islander people

Explanatory note

This amendment updates the example in line with current legislative drafting practice.

[3.17] Section 158 (1)

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.18] Section 183 (1), example 1

substitute

1 observances and practices relating to religious or spiritual beliefs, including the spiritual beliefs of Aboriginal or Torres Strait Islander people

Explanatory note

This amendment updates the example in line with current legislative drafting practice.

[3.19] Section 368 (5)

omit

avoid

substitute

remove

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.20] Section 523 (1) (d) (ii), new example

insert

Example

the foster carer has moved and reasonable efforts to locate the foster carer have been unsuccessful

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 Legislation Act

, s 126 and s 132).

Explanatory note

This amendment inserts a new example to illustrate the provision.

[3.21] Section 727N (2) (c)

omit

Aboriginal or a Torres Strait Islander

substitute

an Aboriginal or Torres Strait Islander person

Explanatory note

This amendment updates the provision in line with current legislative drafting practice.

[3.22] Dictionary, note 2

insert

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.23] Dictionary, definition of Aboriginal

omit

Explanatory note

This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.

[3.24] Dictionary, new definition of Aboriginal or Torres Strait Islander person

insert

"Aboriginal or Torres Strait Islander person" means a person who––

(a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and

(b) identifies as an Aboriginal person or a Torres Strait Islander person; and

(c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

Explanatory note

This amendment inserts a new definition of Aboriginal or Torres Strait Islander person that is in line with current legislative drafting practice.

[3.25] Dictionary, new definition of Children and Youth Services Council

insert

"Children and Youth Services Council" means the Children and Youth Services Council established under section 27.

Explanatory note

This amendment inserts a new definition of Children and Youth Services Council in line with current legislative drafting practice.

[3.26] Dictionary, definition of Torres Strait Islander

omit

Explanatory note

This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.

Part 3.3 Civil Law (Wrongs) Act 2002

[3.27] Section 58 (4) etc, new notes

insert

Note 1 The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

• section 58 (4)

• section 64 (4)

• section 68 (4)

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.28] Section 98 (3), definition of average weekly earnings , paragraph (a)

substitute

(a) the average weekly earnings seasonally adjusted for the ACT (all employees average weekly total earnings) in Average Weekly Earnings, Australia (State and Territory Earnings) issued by the Australian statistician; or

Note Average Weekly Earnings, Australia is issued in May and November and is available at www.abs.gov.au

Explanatory note

This amendment updates the definition of average weekly earnings because the ABS publication is now issued every 6 months (in May and November) instead of quarterly.

[3.29] Section 107G (2)

omit

any

substitute

part

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.30] Section 139F (3)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.31] Section 139N (2)

omit

a natural person

substitute

an individual

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.32] Section 139N (2)

omit

the person

substitute

the individual

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.33] Section 180 heading

substitute

180 Definitions—pt 14.1

Explanatory note

This amendment updates the heading in line with current legislative drafting practice and corrects a cross-reference.

[3.34] Section 222 (1) etc

omit

, in writing,

• section 222 (1)

• section 222A (1)

• schedule 4, section 4.28 (4)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.35] Dictionary, note 2

insert

• Australian statistician

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.36] Dictionary, new definition of act of terrorism

insert

"act of terrorism", for part 3.3 (Temporary exclusion of liability for terrorism-associated risks)—see section 37.

Explanatory note

This amendment inserts a signpost definition for a term defined elsewhere in the Act.

[3.37] Dictionary, definitions of accommodation unit , agent , common carrier , community organisation and community work

substitute

"accommodation unit", for part 11.1 (Traveller accommodation providers liability)—see section 144.

"agent", of an accommodation provider, for part 11.1 (Traveller accommodation providers liability)—see section 144.

"common carrier", for part 11.2 (Common carriers)—see section 156.

"community organisation", for part 2.2 (Volunteers)—see section 6.

"community work", for part 2.2 (Volunteers)—see section 7.

Explanatory note

This amendment updates the definitions in line with current legislative drafting practice.

[3.38] Dictionary, definition of costs , paragraph (a)

omit

chapter 14 (Limitations on legal costs)

substitute

part 14.1 (Maximum costs for certain personal injury damages claims)

Explanatory note

This amendment corrects a cross-reference.

[3.39] Dictionary, new definitions of donor , fit for human consumption and food

insert

"donor", for part 2.2A (Food donors)—see section 11A.

"fit for human consumption", in relation to food, for part 2.2A (Food donors)—see section 11A.

"food", for part 2.2A (Food donors)—see section 11A.

Explanatory note

This amendment inserts signpost definitions for terms defined elsewhere in the Act.

[3.40] Dictionary, definitions of innkeeper's liability , intoxicated , mediation , mediation session , neutral evaluation and neutral evaluation session

substitute

"innkeeper's liability", for part 11.1 (Traveller accommodation providers liability)—see section 147.

"intoxicated", for part 7.1 (Damages for personal injuries—exclusions and limitations) — see section 92.

"mediation", for part 15.1 (Mediation and neutral evaluation)—see section 192 (1).

"mediation session", for part 15.1 (Mediation and neutral evaluation)—see section 192 (2).

"neutral evaluation", for part 15.1 (Mediation and neutral evaluation)—see section 192 (3).

"neutral evaluation session", for part 15.1 (Mediation and neutral evaluation)—see section 192 (5).

Explanatory note

This amendment updates the definitions in line with current legislative drafting practice.

[3.41] Dictionary, definition of personal injury damages

omit

chapter 14 (Limitations on legal costs)

substitute

part 14.1 (Maximum costs for certain personal injury damages claims)—

Explanatory note

This amendment corrects a cross-reference and updates the definition in line with current legislative drafting practice.

[3.42] Dictionary, definition of provide

substitute

"provide "traveller accommodation, for part 11.1 (Traveller accommodation providers liability)—see section 144.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.43] Dictionary, new definitions

insert

"unsafe", in relation to food, for part 2.2A (Food donors)—see section 11A.

"unsuitable", in relation to food, for part 2.2A (Food donors)—see section 11A.

Explanatory note

This amendment inserts signpost definitions for terms defined elsewhere in the Act.

[3.44] Dictionary, definitions of voluntary basis and volunteer

substitute

"voluntary basis", for part 2.2 (Volunteers)—see section 6.

"volunteer", for part 2.2 (Volunteers)—see section 6.

Explanatory note

This amendment updates the definitions in line with current legislative drafting practice.

Part 3.4 Crimes (Sentence Administration) Act 2005

[3.45] Section 116Q

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.46] Section 163 (1) etc

omit

, in writing,

• section 163 (1)

• section 221 (1)

• section 323 (1)

• section 324 (1)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable and notifiable instruments to be in writing.

[3.47] Section 325 (2), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act

, section 14 (2) to assist legislation users.

[3.48] Dictionary, new definitions

insert

"administrative fee", for chapter 6A (Court imposed fines)––see section 116A.

"default", for chapter 6A (Court imposed fines)––see section 116A.

"default notice", for chapter 6A (Court imposed fines)––see section 116A.

"earnings redirection order", for chapter 6A (Court imposed fines)––see section 116Y (2).

"enforcement officer", for chapter 6A (Court imposed fines)––see section 116A.

"examination hearing", for chapter 6A (Court imposed fines)––see section 116A.

"examination notice", for chapter 6A (Court imposed fines)––see section 116P.

"examination warrant", for chapter 6A (Court imposed fines)––see section 116R.

"fine", for chapter 6A (Court imposed fines)––see section 116A.

"fine defaulter", for chapter 6A (Court imposed fines)––see section 116A.

"fine enforcement order", for chapter 6A (Court imposed fines)––see section 116A.

Explanatory note

This amendment inserts signpost definitions for terms defined elsewhere in the Act.

[3.49] Dictionary, definition of full-time detainee

substitute

"full-time detainee", for chapter 4 (Full-time detention)––see section 22 (1).

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.50] Dictionary, new definitions

insert

"outstanding fine", in relation to a person, for chapter 6A (Court imposed fines)––see section 116A.

"penalty notice", for chapter 6A (Court imposed fines)––see section 116A.

"property seizure order", for chapter 6A (Court imposed fines)––see section 116ZA.

"registrar", for chapter 6A (Court imposed fines)––see section 116A.

"reminder notice", for chapter 6A (Court imposed fines)––see section 116A.

"territory entity", for chapter 6A (Court imposed fines)––see the Auditor-General Act 1996

, dictionary.

"voluntary community work order", for chapter 6A (Court imposed fines)––see section 116ZE.

"young fine defaulter", for chapter 6A (Court imposed fines)––see section 116A.

Explanatory note

This amendment inserts signpost definitions for terms defined elsewhere in the Act.

Part 3.5 Domestic Relationships Act 1994

[3.51] Section 5

omit

shall be taken to affect

substitute

affects

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.52] Section 8 (1)

omit

all or

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.53] Section 23 (3) (a)

omit

Australian Statistician

substitute

Australian statistician

Explanatory note

This amendment revises the term to be consistent with the definition of that term in the Legislation Act

, dictionary, part 1.

[3.54] Section 32 (2)

omit

shall be taken to affect

substitute

affects

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.55] Section 34

omit

all or

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.56] Section 34

omit

notwithstanding that the matters referred to

substitute

even though the matters mentioned

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.57] Section 36 (3)

omit

shall not be taken to

substitute

do not

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.58] Section 38 (4)

omit

shall be taken

substitute

is taken

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.59] Dictionary, note 2

insert

• Australian statistician

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.60] Further amendments, mentions of shall

omit

shall

substitute

must

• section 6 (1)

• section 11 (1)

• section 13 (1)

• section 14

• section 19 (2) and (3)

• section 22

• section 23

• section 27 (3) and (5)

• section 29 (2)

• section 30

• section 33 (1)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

Part 3.6 Electoral Act 1992

[3.61] Section 77 (3), new note 3

insert

Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note about statutory declarations.

[3.62] Section 284

omit

any

substitute

part

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.63] Dictionary, note 2

insert

• Australian statistician

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

Part 3.7 Evidence Act 2011

[3.64] Section 159

omit

Australian Statistician

substitute

Australian statistician

Explanatory note

This amendment revises the term to be consistent with the definition of that term in the Legislation Act

, dictionary, part 1.

[3.65] Dictionary, part 1, definition of previous representation

substitute

"previous representation"—

(a) for this Act generally—means a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of the representation is sought to be presented; and

(b) for division 3.2.2 (First-hand hearsay) (other than section 62 (2))—see section 62.

Explanatory note

This amendment remakes the definition to include a signpost definition for division 3.2.2.

[3.66] Dictionary, part 1, new definition of request

insert

"request", for division 4.6.1 (Requests to produce documents or call witnesses)—see section 166.

Explanatory note

This amendment inserts a signpost definition for a term defined elsewhere in the Act.

Part 3.8 Firearms Act 1996

[3.67] Section 40 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.68] Section 76 (f)

omit

shall be

substitute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.69] Section 140A (5), definition of authorised period , paragraph (a)

omit

substitute

and

Explanatory note

This amendment corrects a minor typographical error.

[3.70] Section 239 (3)

omit

shall be

substitute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.71] Section 240 (2)

omit

shall be

substitute

are

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.72] Section 250 (3)

omit

shall be

substitute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.73] Dictionary, note 2

omit

• CrimTrac

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment removes a term that is no longer used in the Act.

[3.74] Dictionary, note 2

insert

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.75] Dictionary, definition of inoperable firearm

omit

Explanatory note

This amendment omits a term that is no longer used in the Act.

[3.76] Dictionary, definition of security organisation

omit

(2)

substitute

(4)

Explanatory note

This amendment corrects a cross-reference.

[3.77] Further amendments, mentions of shall

omit

shall

substitute

must

• section 76 (b) to (e)

• sections 181 to 183

• sections 199 and 200 (1)

• sections 221 to 223

• sections 229 to 236

• sections 239 (1) and 240 (1)

• sections 241 and 242

• sections 250 and 251

• sections 253 to 256

• section 264

• sections 266 (2) and 267 (1) (b)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

Part 3.9 Food Act 2001

[3.78] New section 13A

in part 2, insert

13A Meaning of food standards code

(1) In this Act:

"food standards code "means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act

, section 4 (1), as in force from time to time.

(2) The Legislation Act

, section 47 (6) does not apply to the food standards code.

Note The food standards code does not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)).

Explanatory note

This amendment relocates the definition of food standards code from the Food Regulation 2002

, section 7 to the Act to assist legislation users.

[3.79] Section 15 (1) etc

omit

any 1 or more

substitute

1 or more

• section 15 (1)

• section 39

• section 40 (1)

• section 51 (1)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.80] Section 51 (4)

omit

all or

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.81] Section 53 (3) etc

omit

any 1 or more

substitute

1 or more

• section 53 (3)

• section 59 (4)

• section 80 (1)

• section 83 (1)

• section 84 (1) and (2)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.82] Section 84 (1)

omit

or all

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.83] Section 114 (1)

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.84] Section 149 (1) etc

omit

, in writing,

• section 149 (1)

• section 150 (1)

• section 151 (1)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable and notifiable instruments to be in writing.

[3.85] Section 152 (3)

substitute

(3) A regulation may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

Explanatory note

This amendment remakes subsection (3) to omit a paragraph made redundant as a consequence of the definition of food standards code being relocated from the Food Regulation 2002

to the Act by another amendment.

[3.86] Section 153 (1)

omit

Despite section 152 (3) (a), a regulation

substitute

A regulation

Explanatory note

This amendment is consequential on the omission of section 152 (3) (a) by the previous amendment.

[3.87] Dictionary, note 2

insert

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.88] Dictionary, definition of equipment

after

all or

omit

any

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.89] Dictionary, definition of food authority

omit

section 3 (1)

substitute

section 4 (1)

Explanatory note

This amendment corrects a cross-reference.

[3.90] Dictionary, definition of food safety standard

omit

section 3 (1)

substitute

section 4 (1)

Explanatory note

This amendment corrects a cross-reference.

[3.91] Dictionary, definition of food standards code

substitute

"food standards code"—see section 13A.

Explanatory note

This amendment is consequential on the insertion of new section 13A by another amendment and updates the signpost definition of food standards code with the new section reference.

[3.92] Dictionary, definition of premises

substitute

"premises "includes—

(a) land (whether or not vacant); or

(b) any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or

(d) a food transport vehicle or any other vehicle.

Explanatory note

This amendment corrects numbering and updates language in line with current legislative drafting practice.

[3.93] Further amendments, new note

insert

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 Legislation Act

, s 126 and s 132).

• section 8 (1) (c)

• section 11 (1) (b)

• section 30 (4) (b)

• section 92 (2)

• section 108 (3)

Explanatory note

This amendment inserts a standard note about examples.

Part 3.10 Food Regulation 2002

[3.94] Section 7

omit

Explanatory note

This amendment omits the definition of food standards code as a consequence of the definition being relocated to the Food Act 2001

by another amendment.

Part 3.11 Health Act 1993

[3.95] Section 70 (2), note 2

omit

pt 9

substitute

pt 10

Explanatory note

This amendment corrects a cross-reference.

[3.96] Section 103 (3)

omit

determined after 31 December 2003

Explanatory note

This amendment omits a transitional arrangement that no longer has any practical application.

[3.97] Dictionary, note 2

insert

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.98] Dictionary, note 2

omit

• sitting day

• territory authority

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment removes terms that are no longer used in the Act.

Part 3.12 Interactive Gambling Act 1998

[3.99] Section 101 (3)

omit

shall

substitute

must

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.100] Dictionary, new note 3

insert

Note 3 The Control Act contains definitions relevant to this Act. For example, the following terms are defined in the Control Act, dictionary:

• authorised officer

• code of practice

• commission

• gaming officer.

Explanatory note

The Act, section 7 provides that the Gambling and Racing Control Act 1999

is incorporated and must be read as one with the Act. This amendment inserts a new note in the Act, dictionary to assist users in interpreting the Act. Dictionary, new note 3 lists examples of terms used in the Act and defined in the Gambling and Racing Control Act 1999

Part 3.13 Lands Acquisition Act 1994

[3.101] Section 99

omit

Notwithstanding

substitute

Despite

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.102] Section 104 (1)

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.103] Section 114 (2) (a)

omit

a natural person

substitute

an individual

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.104] Dictionary, note 2

insert

• Australian statistician

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

Part 3.14 Medicines, Poisons and Therapeutic Goods Act 2008

[3.105] Section 83 (2), new note 1A

insert

Note 1A It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.

[3.106] Section 95 (2), new note 3

insert

Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.

[3.107] Section 97 (2), new note 2

insert

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.

[3.108] Section 190 (3) (b) and (4)

omit

subsection (1) (a)

substitute

subsection (1) (b)

Explanatory note

This amendment corrects cross-references.

[3.109] Dictionary, note 2

insert

• chief health officer

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts new terms used in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.110] Dictionary, definition of chief pharmacist

relocate to Medicines, Poisons and Therapeutic Goods Regulation 2008 , dictionary

Explanatory note

This amendment relocates to the Medicines, Poisons and Therapeutic Goods Regulation 2008

, dictionary a term that is used only in that regulation.

[3.111] Dictionary, definition of declared substance

omit

Supply of certain

substitute

Dealings with

Explanatory note

This amendment corrects the reference to the heading to the Act, part 4.1.

[3.112] Dictionary, definition of drug-dependent person

relocate to Medicines, Poisons and Therapeutic Goods Regulation 2008 , dictionary

Explanatory note

This amendment relocates to the Medicines, Poisons and Therapeutic Goods Regulation 2008

, dictionary a term that is used only in that regulation.

[3.113] Dictionary, definition of medicines advisory committee

omit

substitute

under

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.114] Dictionary, definition of prescribe

substitute

"prescribe "a medicine means issue a prescription for the medicine.

Explanatory note

This amendment revises the definition to make it clear that the reference to "prescribe" means prescribe a medicine. Other references to prescribe in the Act relate to prescribe something in a regulation under the Act.

[3.115] Dictionary, definition of vending machine

omit

(Other offences—vending machines)

substitute

(Vending machines—offences)

Explanatory note

This amendment corrects the reference to the heading to division 4.3.5.

Part 3.15 Prohibited Weapons Act 1996

[3.116] Section 3 (1) (c)

omit

firearm

substitute

weapon or article

Explanatory note

Section 3 is about possession of a prohibited weapon or prohibited article. This amendment revises the language of section 3 (1) (c) to be consistent with the remainder of the provision.

[3.117] Section 7 (1)

omit

shall

substitute

must

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.118] Sections 11 to 13 and 15

omit

shall

substitute

must

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.119] Section 16 (2), new note

insert

Note Found guilty —see the Legislation Act

, dictionary, pt 1.

Explanatory note

This amendment inserts a standard note to assist users of the legislation.

[3.120] Section 18 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.121] Dictionary, note 2

insert

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term used in the Act and defined in the Legislation Act

, dictionary, part 1.

Part 3.16 Public Health Act 1997

[3.122] Section 7 (4)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.123] Sections 12 and 13, notes

substitute

Note 1 For the making of appointments (including acting appointments), see the 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 Legislation Act

, s 207).

Explanatory note

This amendment updates the notes in line with current legislative drafting practice.

[3.124] Section 15, note 1

substitute

Note 1 For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Explanatory note

This amendment updates the note in line with current legislative drafting practice.

[3.125] Section 18 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.126] Section 22 (3)

omit

or provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.127] Section 22 (3), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.128] Section 42D (3)

omit

or provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.129] Section 42D (3), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.130] Section 61 (4) and (5)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.131] Section 64 (3)

omit

pursuant to

substitute

under

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.132] Section 66 (3) (d)

omit

all or any of

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.133] Section 66F

omit

shall remain

substitute

remains

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.134] Section 66J (1)

omit

shall not, only because of that supply, be taken

substitute

is not, only because of that supply, taken

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.135] Section 66J (2)

omit

shall not, only because of that printing or publishing, be taken

substitute

is not, only because of that printing or publishing, taken

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.136] Section 73 (3) (d)

omit

all or any of

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.137] Section 89 (6)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.138] Section 89 (6) (d)

omit

all or any of

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.139] Section 92

omit

notwithstanding

substitute

despite

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.140] Section 100 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.141] Section 100 (3)

omit

or provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.142] Section 100 (3), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.143] Section 101 (1)

omit

, in writing

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.144] Section 102 (1) (a) (ii)

omit

in writing

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.145] Section 106 (1)

omit

where

substitute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.146] Section 106 (2)

omit

Where this section applies, an

substitute

The

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.147] Section 106 (2)

omit

or all

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.148] Section 108 (1)

omit

where

substitute

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.149] Section 108 (2)

omit

Where this section applies, the

substitute

The

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.150] Section 108 (5)

omit

notwithstanding

substitute

despite

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.151] Section 113 (1)

omit

Where

substitute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.152] Section 113 (1)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.153] Section 119 (1) and (4)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.154] Section 120 (2)

omit

any or all of

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.155] Section 133 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.156] Section 133 (2)

omit

or provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.157] Section 133 (2), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.158] Sections 137 (1) and 137A (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable and notifiable instruments to be in writing.

[3.159] Further amendments, mentions of shall

omit

shall

substitute

must

• section 4

• section 10 (1)

• section 16

• section 20

• sections 29 and 30

• sections 33 to 35

• section 37

• sections 39 and 40

• section 42

• section 45

• sections 47 to 50

• sections 53 and 54

• section 56

• sections 57 to 61 (3)

• sections 62 and 63

• sections 65 and 66 (4)

• section 66C

• sections 66G to 66I

• section 66K

• sections 67 to 73 (4)

• section 77

• sections 79 to 89 (2)

• sections 93 (2) and 94

• section 98

• section 99 (a) and (c)

• sections 103 to 107

• sections 109 and 110

• sections 112 and 113

• section 115

• sections 116 to 118

• sections 119 and 120

• sections 123 to 125

• section 127 (1)

• section 129

Explanatory note

This amendment updates language in line with current legislative drafting practice.

Part 3.17 Public Health Regulation 2000

[3.160] Section 4 (2)

omit

in writing

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.161] Section 5 (2)

omit

, in writing

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.162] Section 8 (1), new notes

insert

Note 1 The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.163] Section 13 (2)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.164] Section 26 (4)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.165] Section 32, notes

substitute

Note For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Explanatory note

This amendment updates the notes in line with current legislative drafting practice.

[3.166] Sections 51 (2), 52 (1) and 53 (1)

omit

, in writing,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 42 (2), which requires disallowable instruments to be in writing.

[3.167] Dictionary, note 3

omit

• authorised nurse practitioner

Explanatory note

This amendment omits a term that is no longer used in the regulation.

[3.168] Dictionary, definition of building

omit

Explanatory note

This amendment omits a term that is no longer used in the regulation.

Part 3.18 Residential Tenancies Act 1997

[3.169] Section 6F (1), note

omit

retirement villages,

Explanatory note

This amendment omits words that are now redundant because of the Justice and Community Safety Legislation Amendment Act 2013

, which omitted section 4 (a) of the Residential Tenancies Act 1997

. Section 4 (a) provided that the Act did not apply to a retirement village.

[3.170] Section 11A (7), definition of publish

omit

disseminate

substitute

distribute

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.171] Section 71C (4), note

omit

retirement villages,

Explanatory note

This amendment omits words that are now redundant because of the Justice and Community Safety Legislation Amendment Act 2013

, which omitted section 4 (a) of the Residential Tenancies Act 1997

. Section 4 (a) provided that the Act did not apply to a retirement village.

[3.172] Dictionary, note 2

after

Legislation Act

insert

dict,

Explanatory note

This amendment corrects a cross-reference.

Part 3.19 Road Transport (Alcohol and Drugs) Act 1977

[3.173] Section 41 (1) (f)

omit

Road Transport (Safety and Traffic Management) Act 1999

(NSW), section 33 (4), (5) or (6)

substitute

Road Transport Act 2013

(NSW), schedule 3, clause 36

Explanatory note

This amendment updates the name of an Act and cross-references because the Road Transport (Safety and Traffic Management) Act 1999

(NSW) has been repealed and replaced with the Road Transport Act 2013

(NSW).

[3.174] Section 41AE

omit

Road Transport (Safety and Traffic Management) Act 1999

(NSW), section 33B, section 33D or section 35

substitute

Road Transport Act 2013

(NSW), schedule 3, clause 36

Explanatory note

This amendment updates the name of an Act and cross-references because the Road Transport (Safety and Traffic Management) Act 1999

(NSW) has been repealed and replaced with the Road Transport Act 2013

(NSW).

[3.175] Section 51 (2)

omit

Explanatory note

This amendment omits the provision as a consequence of the insertion of a definition of "road related area "in the dictionary by another amendment. The inserted definition includes the substance of section 51 (2).

[3.176] Dictionary, new definition of road related area

insert

"road related area"—

(a) means an area that is a road related area under the Road Transport (General) Act 1999

; and

(b) includes an area prescribed by regulation as a road related area for this Act.

Explanatory note

This amendment inserts a new definition of road related area to assist users of the legislation. The substance of paragraph (b) is relocated from section 51 (2), which is omitted by another amendment.

Part 3.20 Road Transport (Public Passenger Services) Regulation 2002

[3.177] Section 68 (4)

omit

, or a provision of an instrument,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.178] Section 68 (4), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.179] Section 156 (4)

omit

, or a provision of an instrument,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.180] Section 156 (4), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.181] Section 219 (4)

omit

, or a provision of an instrument,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.182] Section 219 (4), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.183] Section 303 (4)

omit

, or a provision of an instrument,

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.184] Section 303 (4), new note 3

insert

Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

Part 3.21 Road Transport (Safety and Traffic Management) Act 1999

[3.185] Section 10AA (3)

omit

section 15

substitute

schedule 1, section 1.2

Explanatory note

This amendment corrects a cross-reference.

[3.186] New section 10D (5)

insert

(5) In this section:

"registered interest", in relation to a motor vehicle, means an interest in the vehicle that is registered under the Personal Property Securities Act 2009

(Cwlth).

Explanatory note

This amendment relocates from the dictionary a definition of a term that is used only in section 10D. The definition is omitted from the dictionary by another amendment.

[3.187] Section 25 (3) (c), new note

insert

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 Legislation Act

, s 126 and s 132).

Explanatory note

This amendment inserts a standard note about examples.

[3.188] Section 33 (3)

omit

bears

substitute

has

Explanatory note

This amendment updates language to make the wording of the provision consistent with the Criminal Code

, section 58 (which deals with evidential burden of proof).

[3.189] Dictionary, note 3

omit

• another jurisdiction

Explanatory note

Dictionary, note 3 lists examples of terms used in the Act that are defined in the Road Transport (General) Act 1999

, dictionary. This amendment omits a term that is no longer used in the Act.

[3.190] Dictionary, note 3

insert

• Australian driver

• driver licence

• external driver licence

• infringement notice

Explanatory note

Dictionary, note 3 lists examples of terms used in the Act that are defined in the Road Transport (General) Act 1999

, dictionary. This amendment inserts terms that are used in the Act and defined in the Road Transport (General) Act 1999

, dictionary.

[3.191] Dictionary, note 3

omit

• jurisdiction

Explanatory note

Dictionary, note 3 lists examples of terms used in the Act that are defined in the Road Transport (General) Act 1999

, dictionary. This amendment omits a term that is no longer used in the Act.

[3.192] Dictionary, note 3

insert

• registered operator

• responsible person

• rider

• traffic

Explanatory note

Dictionary, note 3 lists examples of terms used in the Act that are defined in the Road Transport (General) Act 1999

, dictionary. This amendment inserts terms that are used in the Act and defined in the Road Transport (General) Act 1999

, dictionary.

[3.193] Dictionary

omit the definitions of

Australian driver licence

driver licence

external driver licence

infringement notice

registered interest

registered operator

responsible person

rider

traffic

Explanatory note

This amendment omits commonly-used terms (other than registered interest ) which are defined in the Road Transport (General) Act 1999

, dictionary. It is consequential on the insertion, by another amendment, of the omitted terms in dictionary, note 3. Dictionary, note 3, refers users to the Road Transport (General) Act 1999

, dictionary for the definitions of words and expressions commonly used in road transport legislation. The definition of registered interest is omitted as a consequence of its relocation to section 10D by another amendment.

Part 3.22 Taxation Administration Act 1999

[3.194] Section 40 (2) etc

omit

shall

substitute

must

• section 40 (2)

• section 42 (3)

• section 54 (3)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.195] Section 82 (3), new notes

insert

Note 1 The Statutory Declarations Act 1959

(Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.196] Dictionary, note 2

insert

• Australian statistician

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts terms mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

Part 3.23 Tree Protection Act 2005

[3.197] Section 112

omit

or provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.198] Section 112, new note

insert

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

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.199] Section 114 (2)

omit

written

Explanatory note

This amendment omits a word that is redundant because of the Legislation Act

, section 42 (2), which requires notifiable instruments to be in writing.

[3.200] Dictionary, definition of incorporated document

omit

(or provision of an instrument)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act

, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.201] Dictionary, definition of incorporated document , new note

insert

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

, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

Part 3.24 Work Health and Safety Act 2011

[3.202] Section 229 (2) (c)

omit

external review body

substitute

ACAT

Explanatory note

In the equivalent provision in the model bill for the Act, the term ‘external review body' was used, with a jurisdictional note to the effect that each jurisdiction should specify the external review body for the jurisdiction. Section 229 (1) provides that a person may apply to the ACAT for review of certain decisions, making it clear that the external review body is intended to be the ACAT. This amendment corrects the reference.

[3.203] Section 274 (1), note

substitute

Note The power to approve a code of practice includes the power to amend or repeal the approval of the code of practice. The power to amend or repeal the approval is exercisable in the same way, and subject to the same conditions, as the power to make it (see Legislation Act

, s 46).

Explanatory note

Under section 274 (1), the Minister may approve a code of practice. This amendment revises the note to clarify that the power to approve a code of practice includes the power to amend or repeal the approval.

[3.204] Section 274 (4), note 2

substitute

Note 2 An amendment or repeal of an approval of a code of practice is also a notifiable instrument (see Legislation Act

, s 46 (2)).

Explanatory note

This amendment revises a note about the effect of an amendment or repeal of an approval. The revised note makes it clear that the amendment or repeal of the approval of a code of practice is a notifiable instrument.

Part 3.25 Work Health and Safety Regulation 2011

[3.205] Section 7 (4), definition of strata title body corporate

omit

Unit Titles Act 2001

, section 38 (Establishment of owners corporations)

substitute

Unit Titles (Management) Act 2011

, section 8 (Owners corporation—establishment)

Explanatory note

This amendment updates a cross-reference. The Unit Titles Act 2001

was amended by the Unit Titles (Management) Act 2011

to omit section 38 and remake it as section 8 in the Unit Titles (Management) Act 2011

Part 3.26 Workers Compensation Act 1951

[3.206] Section 16 (1) (a), new note

insert

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 Legislation Act

, s 126 and s 132).

Explanatory note

This amendment inserts a standard note about examples.

[3.207] Section 20 (1), definition of CPI

omit

Australian Statistician

substitute

Australian statistician

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.208] Section 129 (5), new note 2

insert

Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

Explanatory note

This amendment inserts a standard note about statutory declarations.

[3.209] Section 164 (5)

omit

shall not be

substitute

is not

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.210] Section 179A etc

omit

chapter

substitute

part

• section 179A (1) and (2)

• section 179B

• section 179C (1)

• section 179D (1) and (2)

• section 179E (1)

• section 179F (a)

Explanatory note

The Act, chapter 15 was amended by the Workers Compensation (Terrorism) Amendment Act 2012

and the chapter, as amended, was relocated as part 8.3. This amendment corrects references to ‘chapter' in part 8.3 that are necessary as a consequence of that relocation.

[3.211] Dictionary, note 2

insert

• Australian statistician

• found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act

, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act

, dictionary, part 1.

[3.212] Dictionary, definition of AWE , paragraph (a)

substitute

Note Average Weekly Earnings, Australia is issued in May and November and is available at www.abs.gov.au

Explanatory note

This amendment updates the definition of AWE because the ABS publication is now issued every 6 months (in May and November) instead of quarterly.

[3.213] Dictionary, definition of awe indexed

substitute

"awe indexed", for an amount, for chapter 4 (Entitlement to compensation)—see section 20.

Explanatory note

This amendment updates a signpost definition for a term defined elsewhere in the Act.

[3.214] Dictionary, definition of cpi indexed

substitute

"cpi indexed", for an amount, for chapter 4 (Entitlement to compensation)—see section 20.

Explanatory note

This amendment updates a signpost definition for a term defined elsewhere in the Act.

[3.215] Dictionary, definition of workplace injury

substitute

"workplace injury", for chapter 5 (Injury management process)—see section 86.

Explanatory note

This amendment updates a signpost definition for a term defined elsewhere in the Act.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback