Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2017 (NO 2) (NO. 28 OF 2017) - SCHEDULE 2

Schedule 2     Structural amendments

(see s 5)

Part 2.1     Legislation Act 2001

[2.1]     Section 8 (1)

omit

regulation, rule or by-law

substitute

regulation or rule

Explanatory note

Section 8 defines a subordinate law as follows:

(1)     A subordinate law is a regulation, rule or by-law (whether or not legislative in nature) made under—

        (a)     an Act; or

        (b)     another subordinate law; or

        (c)     power given by an Act or subordinate law and also power given otherwise by law.

The substance of the definition of subordinate law in section 8 was adapted from the definition used in the dictionary to the Interpretation Act 1967

and paragraph (a) of the definition of subordinate law in section 6 (19) of the Subordinate Laws Act 1989

. The general meaning of ‘subordinate law' is a rule of law made by an authority such as the Executive under power given by Parliament.

Regulations are the most common type of subordinate law in the ACT, and generally refer to laws made by the Executive that set out the detail of a legislative scheme. Rules are primarily concerned with matters of procedure, for example, rules of court. By-laws typically operate in a particular geographical area, most often in relation to laws of local government. In the ACT, no by-laws have been made since self-government.

These are matters of usage only. It is often the case, for example, that regulations will deal with matters of procedure.

This amendment omits the reference to ‘by-law' because the term has no ongoing relevance in the ACT. The last by-laws known to have operated in the ACT as subordinate laws, the Canberra Community Hospital By-laws, lapsed on the repeal of the Canberra Hospitals Ordinance 1938

on 1 July 1975. Matters that might once have been dealt with in by-laws are now more likely to be dealt with by way of regulation or disallowable instrument.

[2.2]     Section 163 (1)

omit

the Public Sector Management Act

, section 28 (Directors-general—engagement) or section 30 (Directors-general—temporary contracts)

substitute

the Public Sector Management Act

, section 31 (Engagement of SES member)

Explanatory note

This amendment corrects cross-references. The Public Sector Management Act 1994

, sections 28 and 30 were replaced by section 31 when that Act was extensively amended by the Public Sector Management Amendment Act 2016

.

[2.3]     Section 163 (4), definition of director-general

omit

the Public Sector Management Act

, section 28 or section 30

substitute

the Public Sector Management Act

, section 31 (Engagement of SES member)

Explanatory note

This amendment corrects cross-references. The Public Sector Management Act 1994

, sections 28 and 30 were replaced by section 31 when that Act was extensively amended by the Public Sector Management Amendment Act 2016

.

[2.4]     Dictionary, part 1, definition of by-law

omit

Explanatory note

This amendment is consequential on the omission of a reference to ‘by-law' in the definition of subordinate law in section 8 by another amendment.

[2.5]     Dictionary, part 1, definition of work safety commissioner

substitute

"work safety commissioner "means the Work Safety Commissioner under the Work Health and Safety Act 2011

, schedule 2, part 2.2.

Explanatory note

This amendment revises the definition to be consistent with the definition of work safety commissioner in the Work Health and Safety Act 2011

, dictionary.

Part 2.2     Legislation Regulation 2003

[2.6]     Section 8 (4) (e) (iii)

omit

Explanatory note

This amendment is consequential on the omission of a reference to ‘by-law' in the definition of subordinate law in the Legislation Act

, section 8 by another amendment.