Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Auditor-General Act 1996
omit
Explanatory note
This amendment is consequential on the inclusion of the substance of section 17 (6) in new section 21, which is inserted by another amendment.
in division 3.7, insert
21 Ministerial response to report for Legislative Assembly
(1) Within 4 months after the day a report by the auditor-general is presented to the Legislative Assembly under section 17 (Reports for Legislative Assembly), the Minister must—
(a) prepare a written response to the report; and
(b) either—
(i) present the response to the Legislative Assembly; or
(ii) give the response, and a copy for each member of the Assembly, to the Speaker.
(2) If the Minister gives the response to the Speaker—
(a) the Speaker must arrange for a copy of the response to be given to each member of the Legislative Assembly; and
(b) the Minister must present the response to the Legislative Assembly—
(i) on the next sitting day; or
(ii) if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.
(3) In this section:
"Speaker", for a response given to the Deputy Speaker or clerk under section 37A (Reports to be given to Speaker), means the Deputy Speaker or clerk.
Explanatory note
This amendment inserts new section 21 to replace current section 17 (6) (which requires the Minister to prepare a response to a report by the auditor-general under section 17). New section 21 gives the Minister more flexibility in how a response may be presented to the Legislative Assembly and also extends the period for presenting the response from 3 months to 4 months.
after
report
insert
or response
Explanatory note
This amendment is consequential on the insertion of new section 21 by another amendment, which requires the Minister to prepare a response to an auditor-general's report for the Legislative Assembly under section 17.
Part 1.2 Medicines, Poisons and Therapeutic Goods Act 2008
substitute
13 Meaning of prohibited substance and schedule 10 substance —Act
In this Act:
"prohibited substance" means a substance to which the medicines and poisons standard
, schedule 9 applies.
Note Sch 9 substances are generally illegal substances that are subject to abuse. They include some derivatives of the scheduled substances (see s 16 (2)).
schedule 10 substance means a substance to which the medicines and poisons standard
, schedule 10 applies.
Note Sch 10 substances are substances, other than those in sch 9, the sale, supply and use of which is prohibited because of the degree of danger to health they represent. The schedule includes some derivatives of the substances to which the schedule applies (see s 16 (2)).
Explanatory note
The Act refers to a number of provisions in the medicines and poisons standard in relation to the packaging and labelling of regulated substances. Section 15 (1) defines the medicines and poisons standards as meaning the poisons standard made under the Therapeutic Goods Act 1989
(Cwlth), section 52D (2), as in force from time to time and as modified by regulation (if any). In June 2015, the Commonwealth replaced the current poisons standard with Poisons Standard
June 2015 (the new poisons standard ). This amendment is consequential on the making of the new poisons standard, which renames appendix C substances as schedule 10 substances.
omit
schedule paint
substitute
group paint
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth), which renames first and second schedule paints as first and second group paints.
omit
third schedule paint
substitute
paint or tinter
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth), which replaces references to third schedule paints with references to paint or tinters of a particular kind (to be prescribed by regulation).
[1.7] Dictionary, definition of appendix C substance
omit
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
[1.8] Dictionary, new definition of schedule 10 substance
insert
schedule 10 substance —see section 13.
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
[1.9] Further amendments, mentions of appendix C
omit
appendix C
substitute
schedule 10
in
• section 10
• section 19 (1) (i)
• section 20 (2), (3) and (5), definition of administration-related dealing
• section 25, definition of "declared substance", paragraph (d)
• section 39 (1), definition of "reportable substance", paragraph (d)
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
Part 1.3 Medicines, Poisons and Therapeutic Goods Regulation 2008
omit
medicines and poisons standard, paragraphs 21 to 27
substitute
medicines and poisons standard
, sections 2.1 (2) to 2.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
omit
medicines and poisons standard, paragraphs 3 to 19
substitute
medicines and poisons standard
, sections 1.1 (2) to 1.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
omit
medicines and poisons standard, paragraphs 21 to 27
substitute
medicines and poisons standard
, sections 2.1 (2) to 2.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
omit
medicines and poisons standard, paragraphs 3 to 19
substitute
medicines and poisons standard
, sections 1.1 (2) to 1.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
[1.14] Sections 676 (f) and 686 (f)
substitute
(f) the following are kept at the supplier's business premises or, if the chief health officer approves, in writing, another place, the place approved by the chief health officer, for at least 2 years after the day the poison is supplied:
(i) the filled purchase order;
(ii) the delivery acknowledgement under paragraph (e) or section 720 (d) (ii);
(fa) the record for section 722 is kept at the supplier's business premises or, if the chief health officer approves, in writing, another place, the place approved by the chief health officer, for at least 5 years after the day the poison is supplied;
Explanatory note
The regulation refers to a number of provisions in the medicines and poisons standard in relation to the packaging and labelling of regulated substances. The Medicines, Poisons and Therapeutic Goods Act 2008
, section 15 (1) defines the medicines and poisons standard as meaning the poisons standard made under the Therapeutic Goods Act 1989
(Cwlth), section 52D (2), as in force from time to time and as modified by regulation (if any). In June 2015, the Commonwealth replaced the current poisons standard with Poisons Standard
June 2015 (the new poisons standard ). This amendment is consequential on the requirement in the new poisons standard
, part 2, section 5.1 to keep records relating to the supply of dangerous poisons for 5 years.
substitute
722 Recording supply of dangerous poisons
A person who supplies a dangerous poison on a purchase order to someone else must keep a written record of the supply in accordance with the medicines and poisons standard
, section 5.1 (1) and (2).
Explanatory note
This amendment remakes section 722 as a consequence of the remaking of the poisons standard and to require a person supplying dangerous poisons to act in accordance with the new poisons standard
, part 2, section 5.1.
omit
medicines and poisons standard, paragraphs 21 to 27
substitute
medicines and poisons standard
, sections 2.1 (2) to 2.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
omit
medicines and poisons standard, paragraphs 3 to 19
substitute
medicines and poisons standard
, sections 1.1 (2) to 1.6 (2)
Explanatory note
This amendment updates cross-references to provisions in the medicines and poisons standard as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth).
substitute
(2) The dangerous poison must be kept in accordance with the medicines and poisons standard
, section 3.1 (1) and (2).
Explanatory note
This amendment remakes subsection (2) to apply the Poisons Standard
June 2015, part 2, section 3.1 (1) and (2) to the storage of dangerous poisons.
omit
first schedule
substitute
first group
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth), which renames first schedule paints as first group paints.
substitute
(2) A paint or tinter mentioned in the medicines and poisons standard
, section 7.1 (2) is prescribed.
Explanatory note
This amendment updates section 751 (2) as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth), part 2, section 7.1.
substitute
752 Manufacture, supply and use of paints for toys—Act, s 72 (b)
A paint that complies with the specification requirements for coating materials prescribed by the medicines and poisons standard
, section 7.1 (3) may be manufactured, supplied or used for application to toys.
Explanatory note
This amendment updates section 752 as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth), part 2, section 7.1.
[1.22] Section 753 (1) and note
substitute
(1) A pesticide mentioned in the medicines and poisons standard
, section 7.1 (4) is prescribed.
Explanatory note
This amendment updates section 753 (1) as a consequence of the making of the new Poisons Standard
June 2015 (Cwlth), part 2, section 7.1.
omit
appendix C
substitute
schedule 10
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
omit
an appendix C
substitute
a schedule 10
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
omit
Appendix C
substitute
Schedule 10
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
omit
Explanatory note
This amendment is consequential on the remaking of section 752 by another amendment.
omit
Explanatory note
This amendment is consequential on the remaking of section 752 by another amendment.
[1.28] Dictionary, definition of complying purchase order , paragraph (c)
omit
an appendix C
substitute
a schedule 10
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
[1.29] Dictionary, definition of prohibited substance
omit
appendix C
substitute
schedule 10
Explanatory note
This amendment is consequential on the making of the new Poisons Standard
June 2015 (Cwlth) which renames appendix C substances as schedule 10 substances.
Part 1.4 Road Transport (Third-Party Insurance) Act 2008
[1.30] Section 102, definition of required document , paragraphs (b) and (c)
after
a report
insert
, or surveillance film,
Explanatory note
The definition of required document lists 3 categories that are required documents for a motor accident claim under part 4.3 (which is about obligations to give documents and information). Under paragraph (a) of the definition, a report or other document about the motor accident for the claim is a required document. Paragraphs (b) and (c) of the definition, however, prescribe that only reports about certain things are required documents. This amendment revises those paragraphs to make it clear that surveillance film in relation to the things mentioned in those paragraphs is a required document.
[1.31] Section 150 (1) and (3)
omit
part
substitute
chapter
Explanatory note
Chapter 4 sets out a number of pre-litigation steps to be undertaken by each party to a third-party insurance claim, including mandatory conferences and final offers of settlement before instituting court proceedings. Under section 150, the court may grant a claimant leave to start court proceedings even if the claimant has not complied with part 4.9 (which is about court proceedings) if the proceeding is urgent. On the face of it, section 150 does not give the court power to give leave to begin a proceeding in circumstances where there has been non-compliance with the pre-litigation steps in chapter 4 and the court has not dispensed with those requirements. This amendment revises section 150 (1) and (3) to make it clear that if a court has allowed a proceeding to begin, the court may stay the proceeding and order the claimant to comply with chapter 4.
substitute
(5) If, under subsection (4), the proceeding is not stayed, the following parts do not apply to the personal injury:
(a) part 4.7 (Compulsory conferences before court proceedings);
(b) part 4.8 (Mandatory final offers);
(c) this part (other than this section).
Explanatory note
Currently, under section 150 (5), if a proceeding in relation to a motor accident claim is not stayed under section 150 (4) (and the court makes an order under that section in relation to expediting the proceeding), chapter 4 (other than part 4.9 but including section 150) applies to the personal injury that is the subject of the claim, including provisions about compulsory conferences and mandatory final offers of settlement before instituting court proceedings. This amendment clarifies that if a proceeding is not stayed in the circumstances mentioned in section 150 (4), parts 4.7, 4.8 and 4.9 (other than section 150) do not apply to the personal injury.
insert
Chapter 11 Transitional—Statute Law Amendment Act 2015 (No 2)
293 Meaning of commencement day —ch 11
In this chapter:
"commencement day" means the day the Statute Law Amendment Act 2015 (No 2) , section 5 commences.
294 Application of amendment—surveillance film
The amendment of section 102, definition of required document , made by the Statute Law Amendment Act 2015 (No 2) does not apply to a motor accident claim if the notice of claim was given under section 84, or a proceeding on the claim was started, before the commencement day.
295 Expiry—ch 11
This chapter expires 12 months after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Explanatory note
This amendment inserts a new transitional chapter in the Act to make it clear
that the amendment of section 102, definition of required document applies
only to motor accident claims made after the commencement of the amendment.