Schedule 1 Minor amendments
(see s 5)
Part 1.1 Corrections Management Act 2007
[1.1] Section 177 (2)
Section 177 provides that the Minister may appoint at least 1 adjudicator for the purposes of the Act. An adjudicator reviews disciplinary matters and segregation decisions under the Act. Currently, adjudicators are required to be magistrates. This amendment will broaden the field from which an adjudicator may be appointed to include judges, retired judges or magistrates, or someone who has been a legal practitioner for not less than 5 years.
[1.2] New section 177 (4)
(4) For this section, each of the following are judicially qualified :
(a) a judge or retired judge;
(b) a magistrate or retired magistrate;
(c) a person who has been a legal practitioner for not less than 5 years.
This amendment inserts a definition as a consequence of another amendment.
Part 1.2 Cultural Facilities Corporation Act 1997
[1.3] Section 15
This section omits section 15. Under section 15, the Cultural Facilities Corporation ( the corporation ) must, at the end of each quarter, give the Minister a report on the quarter about its and the Act's operation. The Minister is required to present the report to the Legislative Assembly within 6 sitting days after receiving it. The report is not usually the subject of discussion in the Assembly. The requirement for quarterly reporting is to be removed as the information about the corporation's activities that the report generally contains is also available in other publications produced by the corporation, for example, the corporation's annual report, seasonal calendars of events and the 2 websites maintained by the corporation for the Canberra Theatre Centre and the ACT Museums and Galleries.
The corporation will continue to report on its activities and performance under the Annual Reports (Government Agencies) Act 2004
[1.4] Dictionary, note 2
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment omits a term used in the Act and is consequential on the omission of a provision by another amendment.
Part 1.3 Dangerous Substances Act 2004
[1.5] Section 8 (2) and (3)
another territory law
, other than the WHS Act
This amendment is consequential on the insertion of new section 8A about the relationship of the Act to the Work Health and Safety Act 2011
by another amendment.
[1.6] New section 8A
8A Relationship of Act to WHS Act
(1) A person is taken to have complied with a duty under this Act in relation to a substance, thing or circumstance if the person—
(a) has a corresponding duty under the WHS Act
in relation to the substance, thing or circumstance; and
(b) has complied with the duty under the WHS Act
(2) A duty or power under this Act in relation to a dangerous substance has no effect to the extent that it is inconsistent with a duty under the WHS Act
in relation to the substance.
(3) However, a duty or power under this Act in relation to a dangerous substance must not be taken to be inconsistent with a duty under the WHS Act
to the extent that they can operate concurrently.
This amendment is consequential on the enactment of the Work Health and Safety Act 2011
(the WHS Act ). The enactment of the WHS Act
made it possible for a person to have corresponding or inconsistent duties under the Act and the WHS Act
in relation to dangerous substances, including asbestos and hazardous chemicals.
New section 8A (1) makes it clear that a person with corresponding duties under this Act and the WHS Act
will be complying with the person's duties under this Act if the person complies with their duties under the WHS Act
. New section 8A (2) makes it clear if a duty in relation to a dangerous substance under this Act is inconsistent with a duty under the WHS Act
in relation to the dangerous substance, the duty under this Act has no effect to the extent of the inconsistency. However, to the extent that the 2 duties can operate concurrently, they are not taken to be inconsistent (see s 8A (3)).
[1.7] Dictionary, new definition of WHS Act
"WHS" Act means the Work Health and Safety Act 2011
This amendment inserts a definition and is consequential on other amendments about the Work Health and Safety Act 2011