Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 3 Technical amendments
(see s 5)
Part 3.1 ACT Civil and Administrative Tribunal Act 2008
[3.1] Dictionary, definitions of mediation and mediation material
omit
Explanatory note
This amendment omits signpost definitions of terms defined in section 30A. Section 30A was omitted by the Courts Legislation Amendment Act 2015 (No 2)
.
Part 3.2 Annual Reports (Government Agencies) Act 2004
omit
subsection (1) (a)
substitute
subsection (2) (a)
Explanatory note
This amendment corrects a cross-reference. The context of the provision makes it clear that section 15 (3) is intended to apply to a report that is to be presented to the Legislative Assembly within 15 weeks after the end of the reporting year.
[3.3] Dictionary, definition of annual report direction
omit
section 9
substitute
section 8
Explanatory note
This amendment corrects a cross-reference. Section 8 deals with annual report directions, while section 9 deals with consultation about annual report directions.
[3.4] Dictionary, definition of reporting year , paragraph (b)
substitute
(b) if the entity the subject of the report did not operate for all of the period mentioned in paragraph (a)—does not include the period during which the entity did not operate.
Explanatory note
Paragraph (b) currently refers to the reporting year for an administrative unit or public authority. However, amendments under the Public Sector Management Amendment Act 2016
replaced the term ‘public authority' with ‘public sector body'. This amendment revises the language of paragraph (b) to clarify that it applies to any entity required to prepare a report under the Act.
[3.5] Dictionary, definition of responsible Minister , paragraph (c)
omit
substitute
section 9A
Explanatory note
This amendment corrects a cross-reference and is consequential on the insertion of new section 9A by another amendment. The definition of responsible Minister for a state of the service report refers users of the legislation to section 5. However, section 5 contains no reference to the responsible Minister for a state of the service report. New section 9A provides that the responsible Minister for a state of the service report is the Chief Minister.
Part 3.3 City Renewal Authority and Suburban Land Agency Act 2017
after
authority
insert
board
Explanatory note
Section 22 was amended during debate of the City Renewal Authority and Suburban Land Agency Bill 2017
to include subsection (1), which requires the authority to establish an audit and risk committee. However, the rest of section 22 makes it clear that it is the authority board that establishes authority committees. Under section 23, the authority board has the power to decide how a committee is to exercise its functions and procedures for committee meetings.
This amendment revises subsection (1) to make the provision consistent with the remainder of sections 22 and 23 and clarifies that it is the authority board that must establish an audit and risk committee.
after
establish
insert
other
Explanatory note
This amendment revises subsection (2) to make it clear that the authority board may establish other committees in addition to the committee that must be established under subsection (1). The amendment also makes section 22 (2) consistent with section 50 (2), which deals with the establishment of committees by the Suburban Land Agency board.
omit
Explanatory note
Section 22 was amended during the debate of the City Renewal Authority and Suburban Land Agency Bill 2017
to include a requirement in section 22 (1) that the City Renewal Authority establish an audit and risk committee. As a consequence of that amendment, section 22 (3) (b), which gives the authority board a discretion to establish a committee in relation to audit and risk, is no longer needed. This amendment omits the redundant paragraph.
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.
after
agency
insert
board
Explanatory note
Section 50 was amended during debate of the City Renewal Authority and Suburban Land Agency Bill 2017
to include subsection (1), which requires the agency to establish an audit and risk committee. However, the rest of section 50 makes it clear that it is the agency board that establishes agency committees. Under section 51, the agency board has the power to decide how a committee is to exercise its functions and the procedures for committee meetings.
This amendment revises subsection (1) to make the provision consistent with the remainder of sections 50 and 51 and to clarify that the agency board must establish an audit and risk committee.
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.
Part 3.4 Electoral Act 1992
substitute
340 Head of service to provide assistance etc
Explanatory note
Section 340 provides that the head of service must comply with any request by the electoral commission, the commissioner or an augmented commission for information or assistance reasonably required for the Act. This amendment revises the section heading to be consistent with the substance of the section.
Part 3.5 Evidence (Miscellaneous Provisions) Act 1991
substitute
Note The Trans-Tasman Proceedings Act 2010
(Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian proceedings) and the Court Procedures Rules 2006
, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in a proceeding in an Australian court or a prescribed Australian tribunal.
Explanatory note
This amendment updates the note as a consequence of the replacement of the Evidence and Procedure (New Zealand) Act 1994
(Cwlth) by the Trans-Tasman Proceedings Act 2010
(Cwlth) and consequential amendments of the Court Procedures Rules 2006
.
Part 3.6 Family Violence Act 2016
omit
section 123
substitute
section 124
Explanatory note
This amendment corrects a cross-reference.
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.
[3.16] Dictionary, definition of court
omit
section 122
substitute
section 131
Explanatory note
This amendment corrects a cross-reference.
[3.17] Dictionary, new definition of family violence proceeding
insert
"family violence proceeding", for part 8 (Court-initiated actions)—see section 111.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
Part 3.7 Food Regulation 2002
in part 1, insert
3A Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1 Criminal Code
The Criminal Code
, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Explanatory note
This amendment inserts a standard provision about offences against the regulation.
substitute
4A Circumstances of payment to volunteers—Act, s 7A (4), def volunteer , par (b)
Explanatory note
This amendment corrects a cross-reference.
substitute
6 Food businesses exempt from registration—Act, s 90
Explanatory note
This amendment corrects a cross-reference.
substitute
19 Food safety supervisor must hold valid statement of attainment for food safety training courses—Act, s 152 (2) (d)
Explanatory note
This amendment corrects a cross-reference.
substitute
20 Notice of commencement of food safety supervisor—Act, s 152 (2) (d)
Explanatory note
This amendment corrects a cross-reference.
substitute
21 Notice of change to contact details of food safety supervisor—Act, s 152 (2) (d)
Explanatory note
This amendment corrects a cross-reference.
Part 3.8 Lifetime Care and Support (Catastrophic Injuries) Act 2014
omit
• insured motor vehicle (see s 15)
Explanatory note
Dictionary, note 3 lists terms defined in the Road Transport (Third-Party Insurance) Act 2008
that are used in the Act. This amendment omits a term that is not used in the Act.
insert
• uninsured motor vehicle (see s 60).
Explanatory note
Dictionary, note 3 lists terms defined in the Road Transport (Third-Party Insurance) Act 2008
that are used in the Act. This amendment inserts a term that is used in the Act.
Part 3.9 Mental Health Act 2015
insert
(2) In this section:
"ACAT mental health provision", in a care and protection order or interim care and protection order—see the Children and Young People Act 2008
, section 491.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 37. The definition is omitted from the dictionary by another amendment.
omit
section 85 (5)
substitute
section 85 (3)
Explanatory note
This amendment corrects a cross-reference.
[3.28] Dictionary, definition of ACAT mental health provision
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 37 by another amendment.
[3.29] Dictionary, definition of affected person register
substitute
"affected person register", for part 7.2 (Affected people)—see section 130.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.10 Official Visitor Act 2012
insert
(5) In this section:
"investigative entity" means an entity with power to require the production of documents or the answering of questions including, for example, the chief police officer, the human rights commission and the ombudsman.
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 relocates from the dictionary a definition of a term that is used only in section 17. The definition is omitted from the dictionary by another amendment.
omit
subsection (1) (d)
substitute
subsection (1) (c)
Explanatory note
This amendment corrects a cross-reference. Section 23B (1) was amended in 2016 by the Protection of Rights (Services) Legislation Amendment Act 2016 (No 2)
to omit section 23B (1) (b). The paragraphs in section 23B (1) were renumbered on republication of the Act, however, the reference to subsection (1) (d) in section 23B (3) was not consequentially amended.
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.
[3.33] Dictionary, definition of investigative entity
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 17 by another amendment.
Part 3.11 Planning and Development Act 2007
omit
Explanatory note
This amendment omits a redundant note. The note refers to obligations of the planning and land authority under the Australian Capital Territory (Planning and Land Management) Act 1988
(Cwlth), sections 74 and 75. Those sections deal with varying a National Capital Development Commission policy during the transition period for that Act and public consultation in relation to a variation. The transition period ended on 12 March 1991 so the note is no longer required.
omit
section 277D (Lease variation charge under s 277—requirements for reconsideration application)
substitute
section 277C (Lease variation charge under s 277—application for reconsideration)
Explanatory note
Section 276B (3) refers to a person's right to apply, under section 277D, for reconsideration of a decision made under section 277. However, an application for reconsideration of a decision under section 277 is made under section 277C. This amendment corrects the cross-reference.
Part 3.12 Powers of Attorney Act 2006
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
(2) In this section:
"will" includes a codicil.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 36. The definition is omitted from the dictionary by another amendment.
[3.38] Sections 43 (2) and 46A (5), new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
omit
person
substitute
principal
Explanatory note
This amendment corrects a minor error made when the provision was amended by the Civil Partnerships Act 2008
. The word ‘principal' was inadvertently replaced with ‘person', making the provision illogical. This amendment restores the provision to its original intent.
[3.40] Section 64 (1) (b), note
omit
Explanatory note
This amendment is consequential on the relocation of a definition of a term to this section by another amendment.
insert
(3) In this section:
"liquidator", of an attorney, includes—
(a) the official manager of the attorney; or
(b) the receiver of the attorney's property; or
(c) the receiver and manager of the attorney's property; or
(d) the managing controller of the attorney's property.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 64. The definition is omitted from the dictionary by another amendment.
substitute
83 Assistance by public trustee and guardian
Explanatory note
This amendment updates the heading to reflect the change of name of the Public Trustee to the Public Trustee and Guardian by the Protection of Rights (Services) Legislation Amendment Act 2016
.
[3.43] Dictionary, definitions of decision-making principles, liquidator and will
omit
Explanatory note
This amendment omits from the dictionary definitions of terms that are used only in 1 section. The definition of decision-making principles is a tag-term in section 41B. The definition of liquidator has been relocated to section 64 and the definition of will has been relocated to section 36 by other amendments.
Part 3.13 Road Transport (Driver Licensing) Regulation 2000
[3.44] Table 10, item 4, column 2
omit
interlock ignition
substitute
ignition interlock
Explanatory note
This amendment corrects a reference to ‘alcohol ignition interlock device'.
[3.45] Section 12 (9), definition of judicial officer
omit
principal registrar of the ACT Law Courts and Tribunal
substitute
principal registrar appointed under the Court Procedures Act 2004
, section 11A
Explanatory note
This amendment corrects a reference to the principal registrar. The principal registrar is appointed under the Court Procedures Act 2004
, section 11A (1), which provides that the Executive must appoint a person as the ‘Principal Registrar and Chief Executive Officer of the ACT Courts and Tribunals'.
[3.46] Dictionary, definition of alcohol ignition interlock device
omit
section 73ZL
substitute
section 73S
Explanatory note
This amendment corrects a cross-reference.
[3.47] Dictionary, definition of articulated bus
substitute
"articulated bus"—see the Heavy Vehicle National Law (ACT)
Explanatory note
This amendment corrects a cross-reference.
[3.48] Dictionary, definition of automatic disqualifying circumstance
omit
exemptions
substitute
drivers
Explanatory note
This amendment corrects a cross-reference.
[3.49] Dictionary, definition of breath alcohol interlock device
omit
Explanatory note
This amendment omits a definition of a term that is not used in the regulation.
[3.50] Dictionary, definition of drug awareness course
omit
section 73K
substitute
section 73R
Explanatory note
This amendment corrects a cross-reference.
Part 3.14 Road Transport (Public Passenger Services) Act 2001
substitute
(1) A regulation may—
(a) exempt a vehicle or person from this Act; or
(b) authorise the road transport authority to exempt a vehicle or person from this Act.
Note 1 Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act
, s 48).
Note 2 A reference to an Act includes a reference to a provision of an Act (see Legislation Act
, s 7 (3)).
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.15 Road Transport (Third-Party Insurance) Act 2008
[3.52] Section 72 (3) (a) (ii), note 1
omit
Explanatory note
This amendment omits a note that refers to a website that no longer exists. The Canberra Connect website has been replaced by the Access Canberra website. To avoid having to update the Act in the event of future changes to the website, the note is omitted. The reference in the example for section 72 (3) (a) (ii) is sufficient to alert users of the legislation to the existence of a website for reporting motor accidents.
Part 3.16 Utilities Act 2000
omit
ACT Civil and Administrative Tribunal Act 2008
, section 13 (Help with applications etc)
substitute
ACT Civil and Administrative Tribunal Act 2008
, section 112 (1) (b) (Functions of registrar—other)
Explanatory note
This amendment corrects a cross-reference. The ACT Civil and Administrative Tribunal Act 2008
, section 13 was repealed by the Justice and Community Safety Legislation Amendment Act 2012
(the Amendment Act ). The ACT Civil and Administrative Tribunal Act 2008
, section 112 (1) was also amended by the Amendment Act to include the substance of section 13.
omit
ACT Civil and Administrative Tribunal Act 2008
, section 14 (Advising Attorney-General about systemic problems)
substitute
ACT Civil and Administrative Tribunal Act 2008
, section 105A (Advising Attorney-General about systemic problems)
Explanatory note
This amendment corrects a cross-reference. The ACT Civil and Administrative Tribunal Act 2008
, section 14 was repealed by the Justice and Community Safety Legislation Amendment Act 2012
(the Amendment Act ). The substance of section 14 was relocated to new section 105A by the Amendment Act.