Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 3 Technical amendments
(see s 5)
Part 3.1 Aboriginal and Torres Strait Islander Elected Body Act 2008
[3.1] Schedule 1, modification 1.27, section 118
omit
after 12 noon on the last Wednesday before polling start day for the election.
substitute
after the nominations for the candidates are declared.
Explanatory note
This amendment revises the modification of the Electoral Act 1992
, section 118 so that it is consistent with table 29 (ATSEIB election timetable) of the Act and is consequential on the replacement of that table by the Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014
Part 3.2 ACT Teacher Quality Institute Act 2010
omit
• adult
• CrimTrac
• police officer
Explanatory note
This amendment omits definitions of terms that are no longer used in the Act.
[3.3] Dictionary, definition of institute
substitute
"institute" means the ACT Teacher Quality Institute established under section 10.
Explanatory note
This amendment revises the definition to be consistent with current legislative drafting practice.
Part 3.3 Adoption Act 1993
[3.4] Section 39L (10), new definitions of adoption order and repealed law
insert
"adoption order" includes an order for the adoption of a person made under a repealed law.
"repealed law" means any of the following Acts or an Ordinance repealed by any of the following Acts:
(a) Adoption of Children Act 1965
;
(b) Adoption of Children Act 1974
;
(c) Adoption of Children (Amendment) Act 1979
;
(d) Adoption of Children (Amendment) Act 1983
;
(e) Adoption of Children (Amendment) Act 1988
;
(f) Adoption of Children (Amendment) Act 1991
.
Explanatory note
The Statute Law Amendment Act 2008
, schedule 3, section 3.1 (the 2008 amendment ) amended the Act, definition of adoption order to remove references to adoption orders made under laws that had been repealed. The explanatory note for the 2008 amendment stated that it was made as a consequence of the omission of redundant references to repealed laws made by other amendments in schedule 3, part 3.1.
An unintended consequence of the 2008 amendment was that references to ‘adoption order' in then section 26 (the equivalent provision to current section 39L) no longer included references to adoption orders made under repealed laws. Section 39L gives the court power to make an order discharging an adoption order in certain circumstances. Because of the 2008 amendment, the court no longer has power to discharge an adoption order made under a repealed law. It is clear from the explanatory notes for the 2008 amendment that it was intended to be only technical in nature and not to change the substantive effect of the law.
This amendment revises section 39L to provide that a reference to ‘adoption order' in that section includes a reference to an adoption order made under a repealed law.
Part 3.4 Agents Act 2003
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.
insert
(3) In this section:
"investigator"—see the Fair Trading (Australian Consumer Law) Act 1992
, dictionary.
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary a definition of a term used only in section 165. The dictionary definition is omitted by another amendment.
insert
• Australian Criminal Intelligence Commission
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 new term that is used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of Australian Criminal Intelligence Commission is inserted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
• CrimTrac
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act as a consequence of changes to the definition of police certificate by another amendment.
[3.9] Dictionary, definition of agent , new paragraph (c)
insert
(c) for division 8.2 (Freezing accounts)––see section 131.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.10] Dictionary, definition of investigator
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 165 by another amendment.
[3.11] Dictionary, definition of police certificate
omit
CrimTrac
substitute
the Australian Criminal Intelligence Commission
Explanatory note
This amendment updates the definition to reflect the change of the name of CrimTrac to the Australian Criminal Intelligence Commission (see explanatory note for amendment 2.2 for additional information).
Part 3.5 Building and Construction Industry (Security of Payment) Act 2009
omit
his or her
substitute
the adjudicator's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the adjudicator
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a section that is now redundant because the review period mentioned in the section has passed.
Part 3.6 Civil Law (Wrongs) Act 2002
[3.15] Section 4 , note 1
insert
• sch 4, s 4.29 (Notification of limitation of liability)
• sch 4, s 4.50 (Requirement to provide information).
Explanatory note
Section 4 is a standard information provision included in the preliminary part of all principal ACT legislation containing offences that are subject to the Criminal Code
. Because the Act commenced before the commencement of the Criminal Code
, not all offences in the Act are subject to the Criminal Code
. Note 1 lists the offences to which the Criminal Code
, chapter 2 does apply. This amendment updates the note to include references to offences in schedule 4, sections 4.29 and 4.50.
omit
written
Explanatory note
This amendment omits a word that is redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
substitute
107C Meaning of consumer claim —ch 7A
Explanatory note
This amendment corrects a cross-reference.
[3.18] Section 144, new definition of innkeeper's liability
insert
"innkeeper's liability"—see section 147.
Explanatory note
This amendment inserts a signpost definition for a term defined in section 147 for part 11.1.
[3.19] Section 156, definition of schedule 2 packaged goods
omit
(Liability of carriers for certain goods worth more than $20)
Explanatory note
This amendment omits unnecessary words to update the definition in line with current legislative drafting practice.
[3.20] Schedule 5, section 5.8 (2), new note
insert
Note The Legislation Act
, s 179 deals with the information that must be included in a statement of reasons.
Explanatory note
This amendment inserts a standard note about statements of reasons.
omit
• home address
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 omits a term that is not used in the Act.
[3.22] Dictionary, definition of contribution notice
omit
(Respondent may add someone else as contributor)
Explanatory note
This amendment omits unnecessary words to update the definition in line with current legislative drafting practice.
[3.23] Dictionary, definition of motor vehicle
substitute
"motor vehicle"—
(a) means—
(i) a motor vehicle under the Road Transport (General) Act 1999
; or
(ii) a vehicle operated on a railway or other fixed track; and
(b) for part 11.1 (Traveller accommodation providers liability), includes a boat, caravan or trailer attached to a motor vehicle.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.24] Dictionary, definition of schedule 2 packaged goods
omit
(Liability of carriers for certain goods worth more than $20)
Explanatory note
This amendment omits unnecessary words to update the definition in line with current legislative drafting practice.
[3.25] Further amendments, mentions of any 1 or more
omit
any 1 or more
substitute
1 or more
in
• section 7 (1), definition of "community work", paragraph (a)
• section 45 (2)
• section 127 (2)
• schedule 5, sections 5.6 (2) and 5.7 (1).
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.7 Construction Occupations (Licensing) Act 2004
omit
The regulations
substitute
A regulation
Explanatory note
This amendment recasts the provision in singular form in line with current legislative drafting practice. The Legislation Act
, section 145 (b) provides that words in the singular include the plural.
omit
his or her
substitute
the licensee's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.28] Sections 29 and 30 (2) (a)
omit
his or her
substitute
the nominee's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the registrar's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the compliance auditor's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the inspector's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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 substitutes standard notes about appointments.
[3.34] Section 106 (1), new notes
insert
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 inserts standard notes about appointments.
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.
omit
Explanatory note
This amendment omits a section that is now redundant because the review period mentioned in the section has passed.
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 new term used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.38] Dictionary, definition of AS 3500 , new note
insert
Note AS 3500 may be purchased at www.standards.org.au
.
Explanatory note
This amendment inserts a standard note about Australian standards.
[3.39] Dictionary, definition of demerit disciplinary ground
omit
Explanatory note
This amendment omits a signpost definition of a term that is no longer used in the Act.
[3.40] Dictionary, new definitions
insert
"demerit ground for occupational discipline", for part 8 (Demerit points system)—see section 89.
"exemption assessment service"—see section 9 (2).
"gas appliance service"—see section 12A (2).
"gas appliance worker"—see section 12A (1).
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
[3.41] Dictionary, definition of mandatory requirements
omit
Explanatory note
This amendment omits an incorrect signpost definition.
[3.42] Dictionary, new definition of mandatory requirement
insert
"mandatory requirement", for division 3.2 (Nominees)—see section 27.
Explanatory note
This amendment inserts a new signpost definition in line with current legislative drafting practice that is consistent with the definition of the term in section 27.
[3.43] Dictionary, definition of nominee
omit
(Nominees of corporations and partnerships)
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.44] Dictionary, definition of occupation class
omit
section 15
substitute
a regulation
Note Section 15 provides that a regulation may divide a construction occupation into classes.
Explanatory note
This amendment is consequential to the amendment of section 15 by another amendment and clarifies that a regulation may divide a construction occupation into classes.
[3.45] Dictionary, definition of storey
omit
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act.
Part 3.8 Construction Occupations (Licensing) Regulation 2004
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act
, dictionary, part 1. This amendment inserts a new term used in the regulation and defined in the Legislation Act
, dictionary, part 1.
[3.47] Dictionary, new definition of storey
insert
"storey"—see the Building Act 2004
, dictionary.
Explanatory note
This amendment inserts a new definition of storey in the
regulation. This amendment is consequential on another amendment removing the
definition from the dictionary of the Act.
Part 3.9 Crimes (Child Sex Offenders) Regulation 2005
[3.48] Section 16A (2), definition of law enforcement agency , paragraph (c)
omit
Explanatory note
This amendment updates the definition by omitting a reference to CrimTrac to reflect the merge of the CrimTrac agency with the Australian Crime Commission (see explanatory note for amendment 2.2 for additional information).
omit
• CrimTrac
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act as a consequence of changes to the definition of law enforcement agency in section 16A (2) by another amendment.
Part 3.10 Director of Public Prosecutions Act 1990
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.
substitute
30 Staff of the office
Explanatory note
This amendment updates references to staff in this provision to be consistent with references elsewhere in the Act.
omit
director's staff
substitute
staff of the office
Explanatory note
This amendment updates references to staff in this provision to be consistent with references elsewhere in the Act.
[3.53] Dictionary, definition of Commonwealth Act
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment.
[3.54] Dictionary, definition of Commonwealth director
omit
Commonwealth Act
substitute
Director of Public Prosecutions Act 1983
(Cwlth)
Explanatory note
This amendment replaces a defined term with the defined meaning as the term is only used in this definition. The defined term is omitted by another amendment.
[3.55] Dictionary, definition of member of the staff , paragraph (a)
omit
(Director's staff)
substitute
(Staff of the office)
Explanatory note
This amendment updates references to staff in this provision to be consistent with references elsewhere in the Act.
Part 3.11 Energy Efficiency (Cost of Living) Improvement Act 2012
[3.56] Sections 33 and 34 (1) (a)
omit
his or her
substitute
the authorised person's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a section that is now redundant because the review period mentioned in the section has passed.
Part 3.12 Fair Trading (Motor Vehicle Repair Industry) Act 2010
insert
• Australian Criminal Intelligence Commission
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 new term that is used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of Australian Criminal Intelligence Commission is inserted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
• CrimTrac
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act as a consequence of changes to the definition of police certificate by another amendment.
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 that is used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.61] Dictionary, definition of police certificate
omit
CrimTrac
substitute
the Australian Criminal Intelligence Commission
Explanatory note
This amendment updates the definition to reflect the change of the name of CrimTrac to the Australian Criminal Intelligence Commission (see explanatory note for amendment 2.2 for additional information).
Part 3.13 Firearms Act 1996
[3.62] Section 18 (2), definition of law enforcement agency , paragraph (e)
omit
Explanatory note
This amendment updates the definition by omitting a reference to CrimTrac to reflect the merge of the CrimTrac agency with the Australian Crime Commission (see explanatory note for amendment 2.2 for additional information).
[3.63] Section 19 (1) (b) (i), note
omit
Explanatory note
This amendment omits a note that is made redundant by the relocation of the definition of successfully appealed against from the dictionary to section 19 (2) by another amendment.
omit
• corrections officer
Explanatory note
This amendment omits a definition of a term that is used only in schedule 2 and is already defined for schedule 2.
[3.65] Dictionary, definition of successfully appealed against
relocate to section 19 (2)
Explanatory note
This amendment relocates from the dictionary a definition of a term used only in section 19.
Part 3.14 Health Act 1993
omit
Explanatory note
Section 8 defines local hospital network for the Act. This amendment is consequential on the omission of part 3A (which dealt with local hospital networks) by the Health Legislation Amendment Act 2016
.
substitute
(c) the entity is bankrupt or personally insolvent; or
Note Bankrupt or personally insolvent —see the Legislation Act
, dict, pt 1.
Explanatory note
This amendment updates language in line with current legislative drafting practice. The term ‘bankrupt or personally insolvent' is defined in the Legislation Act
, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent. The amendment also inserts a note indicating that the term bankrupt or personally insolvent can be found in the Legislation Act
, dictionary, part 1.
[3.68] Dictionary, definition of local hospital network
omit
Explanatory note
This amendment is consequential on the omission of section 8 by another amendment.
Part 3.15 Lakes Act 1976
substitute
(2) If a declaration has been signed by the Minister under section 21 (1) but has not yet been notified under section 21 (2), an inspector may, on production of a copy of the signed declaration, direct a person who is in the lake area of the lake mentioned in the declaration to leave that area.
Explanatory note
This amendment is consequential on changes made to section 21 by the Red Tape Reduction Legislation Amendment Act 2015
. That Act recast the provision by removing the requirement for the Minister to, by notice in a daily newspaper, prohibit entry to, or declare to be prohibited, a lake area. Section 21 currently provides that the Minister's declaration is a notifiable instrument and must be notified on the legislation register. Additional public notice must also be given of the declaration on an ACT government website or in a daily local newspaper. This amendment aligns section 9 (2) with section 21.
omit
notice
substitute
declaration
Explanatory note
This amendment is consequential on changes made to section 22 by the Red Tape Reduction Legislation Amendment Act 2015
. That Act recast the provision by removing the requirement for the Minister to make a declaration by notice in a daily newspaper closing a lake area. Section 22 currently provides that the Minister's declaration is a notifiable instrument and must be notified on the legislation register. Additional public notice must also be given of the declaration on an ACT government website or in a daily local newspaper. This amendment aligns subsection (4) with the revised provision.
omit
notice
substitute
declaration
Explanatory note
This amendment is consequential on changes made to sections 21 and 22 by the Red Tape Reduction Legislation Amendment Act 2015
(see explanatory note for amendment 3.68 for additional information).
omit
• function
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 omits a term that is no longer used in the Act.
Part 3.16 Leases (Commercial and Retail) Act 2001
omit
(for example, accrual accounting)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.74] Section 66 (2) (a), new example and note
insert
Example—accounting method
accrual accounting
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 updates the paragraph to recast the example and insert a standard note about examples in line with current legislative drafting practice and is consequential on another amendment.
omit
Explanatory note
This amendment omits a standard note about examples because it has been relocated by another amendment in line with current legislative drafting practice.
omit
(for example, contractors)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.77] Section 73 (2) (a), new example and note
insert
Example—others
contractors
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 updates the paragraph to recast the example and insert a standard note about examples in line with current legislative drafting practice and is consequential on another amendment.
omit
(for example, a construction site agreement)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.79] Section 73 (2) (c), new example
insert
Example—enterprise agreement
a construction site agreement
Explanatory note
This amendment updates the paragraph to recast the example in line with current legislative drafting practice and is consequential on another amendment.
omit
Explanatory note
This amendment omits a standard note about examples because it has been relocated by another amendment in line with current legislative drafting practice.
omit
(for example, reduced rent)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.82] Section 78 (d), new example
before the note, insert
Example—concession
reduced rent
Explanatory note
This amendment updates the paragraph to recast the example in line with current legislative drafting practice and is consequential on another amendment.
omit
(for example, reduced rent)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.84] Section 82, new example
before the note, insert
Example—concession
reduced rent
Explanatory note
This amendment updates the provision to recast the example in line with current legislative drafting practice and is consequential on another amendment.
[3.85] Section 99 (2), 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
(for example, legal or financial advisers)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.87] Section 129 (2) (g), new example and note
insert
Example—professional advisers
legal or financial advisers
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 updates the paragraph to recast the example and insert a standard note about examples in line with current legislative drafting practice and is consequential on another amendment.
omit
Explanatory note
This amendment omits a standard note about examples because it has been relocated by another amendment in line with current legislative drafting practice.
substitute
(e) in working out what is reasonable compensation consideration must be given to any concession given to the tenant because the lease contains a relocation provision.
Example—concession
reduced rent
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 corrects a typographical error and updates the paragraph to recast the example in the provision in line with current legislative drafting practice.
[3.90] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 24 (1)
• section 34
• section 79 (2)
• section 90 (1)
• section 93 (1)
• section 97 (6)
• section 104 (3)
• section 107 (3)
• section 109 (3)
• section 110 (2)
• section 118
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.17 Legislative Assembly (Office of the Legislative Assembly) Act 2012
substitute
7 Staff of the office
Explanatory note
This amendment updates references to staff in this provision to be consistent with references elsewhere in the Act.
omit
clerk's
substitute
office's
Explanatory note
This amendment updates references to staff in this provision to be consistent with references elsewhere in the Act.
Part 3.18 Liquor Act 2010
[3.93] Section 170 (2), new note
insert
Note For how documents may be served, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about the service of documents.
[3.94] Section 193, definition of RSA certificate
omit
approved RSA training course provider
substitute
approved RSA training provider
Explanatory note
This amendment updates an incorrect reference to a defined term.
substitute
194 RSA training providers must give RSA certificates
Explanatory note
This amendment updates an incorrect reference to a defined term.
omit
approved RSA training course provider
substitute
approved RSA training provider
Explanatory note
This amendment updates an incorrect reference to a defined term.
insert
• Australian Criminal Intelligence Commission
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 new term that is used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of Australian Criminal Intelligence Commission is inserted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
• business day
• CrimTrac
Explanatory note
This amendment omits definitions of terms that are no longer used in the Act.
[3.99] Dictionary, new definition of liquor advisory board
insert
"liquor advisory board" means the liquor advisory board established under section 215.
Explanatory note
This amendment inserts a standard definition in line with current legislative drafting practice.
[3.100] Dictionary, definition of permit-holder
substitute
"permit-holder" means a person who holds a permit mentioned in part 3 (Liquor permits).
Explanatory note
This amendment revises the definition to omit an incorrect signpost definition and to reflect the language used in the Act.
[3.101] Dictionary, definition of police certificate
omit
CrimTrac
substitute
the Australian Criminal Intelligence Commission
Explanatory note
This amendment updates the definition to reflect the change of the name of CrimTrac to the Australian Criminal Intelligence Commission (see explanatory note for amendment 2.2 for additional information).
[3.102] Dictionary, definition of reviewable decision
omit
part 14
substitute
part 16
Explanatory note
This amendment corrects a cross-reference.
Part 3.19 Nature Conservation Act 2014
substitute
(b) need not comply with the requirements in—
(i) section 84 (Nominations—public consultation) to section 90A (Minister may include or transfer nationally threatened items without nomination); or
(ii) section 90C (Conservation advice) to section 90E (Conservation advice—adopting advice for nationally threatened item); and
Explanatory note
This amendment updates the paragraph so that it refers only to those provisions that include requirements in relation to the preparation of a list under the Act, part 4.4. Neither section 90B nor section 91 contains a requirement with which the Minister could comply.
Part 3.20 Prostitution Act 1992
[3.104] Section 5 , definition of police report
omit
CrimTrac
substitute
the Australian Criminal Intelligence Commission
Explanatory note
This amendment updates the definition to reflect the change of the name of CrimTrac to the Australian Criminal Intelligence Commission (see explanatory note for amendment 2.2 for additional information).
omit
shall
substitute
must
in
• section 17
• section 19
• section 21 (1)
• sections 23 to 25
• section 27
Explanatory note
This amendment updates language in line with current drafting practice.
[3.106] Sections 29 (1) and 30 (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.
insert
• Australian Criminal Intelligence Commission
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 new term that is used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of Australian Criminal Intelligence Commission is inserted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
• chief health officer
• CrimTrac
• director-general (see s 163)
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 omits terms that are no longer used in the Act.
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 that is used in the Act and defined in the Legislation Act
, dictionary, part 1.
Part 3.21 Public Health Regulation 2000
in division 2.2, insert
7A Meaning of pre-secondary school —div 2.2
In this division:
"pre-secondary school" means a childcare centre, preschool, kindergarten or primary school.
Explanatory note
This amendment inserts a new definition section and relocates from the dictionary a definition of a term used only in division 2.2. The dictionary definition of the term is replaced with a signpost definition by another amendment.
insert
(9) In this section:
"non-immunised child", for a vaccine preventable disease, means—
(a) a child who does not have an immunisation record for the disease; or
(b) a child whose immunisation record for the disease indicates that the child is not immunised against the disease.
Explanatory note
This amendment relocates from the dictionary a definition of a term used only in section 13. The definition is omitted from the dictionary by another amendment.
insert
(3) In this section:
"return to school notice"—see section 13 (5).
"school health direction"—see section 13 (2).
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary definitions of terms used only in sections 13 and 14. The definitions are omitted from the dictionary by another amendment.
substitute
22 Definitions—pt 3
Explanatory note
This amendment is consequential on the relocation of a number of definitions from the dictionary to section 22 by other amendments.
omit
In this division:
substitute
In this part:
Explanatory note
This amendment is consequential on the revision of the heading to section 22 by another amendment.
[3.115] Section 22, new definitions
insert
"abnormal", in relation to test results for a cervical smear, means test results that indicate abnormal cell development and appearances in the cervix of the uterus.
"management committee" means the committee maintained by the chief health officer under section 31.
"pathology request form "means a pathology request form requesting a pathological (cytology) examination of a cervical smear or a pathological (histology) examination of cervical material.
"refusal of consent marker", on a pathology request form in relation to a cervical smear or cervical tissue taken from a woman, means a clearly visible marker that may be placed on the form to indicate that the cervical cancer information about the woman is not to be registered on the cervical cancer register.
"test results", for a woman, means the results of—
(a) a pathological (cytology) examination of a cervical smear taken from her; or
(b) a histological examination of cervical tissue taken from her.
Explanatory note
This amendment relocates from the dictionary definitions of terms used only in part 3. The dictionary definitions are replaced with signpost definitions by another amendment.
insert
Note 2 In particular, 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 inserts a standard note about appointments.
substitute
Division 5.1 General
Explanatory note
This amendment revises the heading as a consequence of the insertion of new section 49A by another amendment.
in division 5.1, insert
49A Meaning of prepare —pt 5
In this part:
"prepare" a drug means to prepare the drug for supply, and includes manufacture, manipulate, handle (including with implements), pack and dispense.
Explanatory note
This amendment inserts a new definition section and relocates from the dictionary a definition of a term used only in part 5. The dictionary definition of the term is replaced with a signpost definition by another amendment.
insert
(4) In this section:
"label" means a label, tag, brand, mark or written statement, including pictorial or other descriptive matter.
"package "includes any means by which goods are encased, covered, enclosed, contained or packed.
Explanatory note
This amendment relocates from the dictionary definitions of terms used only in section 53. The definitions are omitted from the dictionary by another amendment.
insert
(6) In this section:
"domestic bird "includes fowl, duck, goose, turkey, guinea fowl and pigeon.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 66. The definition is omitted from the dictionary by another amendment.
before section 69, insert
68A Definitions—div 6.3
In this division:
"septic tank" means a tank or series of tanks for the sedimentation, disintegration or digestion of sewage.
"septic tank system" means a septic tank and associated plumbing work, including—
(a) upstream drainage (including each toilet) that reticulates waste into the tank; and
(b) the effluent disposal system downstream from the tank.
"toilet" means a structure for receiving human urine or faeces, and includes a flushing toilet, chemical toilet and composting toilet.
Explanatory note
This amendment inserts a new definition section and relocates from the dictionary definitions of terms used only in division 6.3. The dictionary definition of the terms are replaced with signpost definitions by other amendments.
omit
sewerage system,
substitute
sewerage system in the ACT,
Explanatory note
This amendment is consequential on the omission of the definition of sewerage system from the dictionary by another amendment.
insert
• contact
• occupier
• place
• premises
• public health
• public health officer
Explanatory note
Dictionary, note 3 lists examples of terms used in the regulation that are defined in the Act, dictionary. This amendment inserts terms used in the regulation and defined in the Act.
[3.124] Dictionary, definition of abnormal
substitute
"abnormal", in relation to test results for a cervical smear, for division 3.1 (Cervical cytology register)—see section 22.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in section 22 by another amendment.
omit the definitions of
domestic bird
equipment
immunisation record
label
Explanatory note
The definitions of domestic bird and label are omitted because they are relocated to other sections by other amendments.
The definitions of equipment and immunisation record are omitted because they are no longer needed.
[3.126] Dictionary, definition of management committee
substitute
"management committee", for division 3.2 (The management committee)—see section 22.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in section 22 by another amendment.
omit the definitions of
non-immunised child
occupier
package
Explanatory note
The definitions of non-immunised child and package are omitted because they are relocated to other sections by other amendments.
The definition of occupier is omitted because it is a term defined in the Act. Dictionary, note 3 is updated by another amendment to include a reference to the term.
[3.128] Dictionary, definition of pathology request form
substitute
"pathology request form", for division 3.1 (Cervical cytology register)—see section 22.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in section 22 by another amendment.
[3.129] Dictionary, definition of place
omit
Explanatory note
This amendment omits a definition of a term that is defined in the Act. Dictionary, note 3 is updated by another amendment to include a reference to the term.
[3.130] Dictionary, definition of pre-secondary school
substitute
"pre-secondary school", for division 2.2 (Immunisation)—see section 7A.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in new section 7A by another amendment.
[3.131] Dictionary, definition of premises
omit
Explanatory note
This amendment omits a definition of a term that is defined in the Act. Dictionary, note 3 is updated by another amendment to include a reference to the term.
[3.132] Dictionary, definition of prepare
substitute
"prepare "a drug, for part 5 (Drug preparation and supply)—see section 49A.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in new section 49A by another amendment.
[3.133] Dictionary, definition of refusal of consent marker
substitute
"refusal of consent marker", for division 3.1 (Cervical cytology register)—see section 22.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in section 22 by another amendment.
[3.134] Dictionary, definitions of return to school notice and school health direction
omit
Explanatory note
This amendment is consequential on the relocation of the definitions to section 14 by another amendment.
[3.135] Dictionary, definitions of septic tank and septic tank system
substitute
"septic tank", for division 6.3 (Toilets)—see section 68A.
"septic tank system", for division 6.3 (Toilets)—see section 68A.
Explanatory note
This amendment is consequential on the insertion of definitions of the terms in new section 68A by another amendment.
[3.136] Dictionary, definition of sewerage system
omit
Explanatory note
This amendment omits a definition of a term that appears only in section 69.
[3.137] Dictionary, definition of test results
substitute
"test results", for a woman, for division 3.1 (Cervical cytology register)—see section 22.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in section 22 by another amendment.
[3.138] Dictionary, definition of toilet
substitute
"toilet", for division 6.3 (Toilets)—see section 68A.
Explanatory note
This amendment is consequential on the insertion of a definition of the term in new section 68A by another amendment.
Part 3.22 Public Sector Management Act 1994
omit
Chief Minister
substitute
responsible Minister
Explanatory note
This amendment reflects changes to the Ministerial responsibility for Access Canberra.
[3.140] Section 21 (8), definition of Access Canberra
substitute
"Access Canberra" means the business unit known as Access Canberra.
Explanatory note
This amendment is consequential on the insertion of a new definition of responsible Minister by another amendment .
[3.141] Section 21 (8), definition of relevant matter , paragraph (a)
omit
Chief Minister
substitute
responsible Minister
Explanatory note
This amendment reflects changes to the Ministerial responsibility for Access Canberra.
[3.142] Section 21 (8), new definition of responsible Minister
insert
"responsible Minister" means the Minister responsible for Access Canberra.
Explanatory note
This amendment reflects changes to the Ministerial responsibility for Access Canberra.
omit
under this part
substitute
given to the public sector employer under this section
Explanatory note
This amendment corrects a cross-reference.
Part 3.23 Public Trustee and Guardian Act 1985
insert
3A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code
, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 65A (Use and disclosure of protected information).
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 Act and the application of the Criminal Code
.
[3.145] Sections 6 (1) and 9 (1), new notes
insert
Note 1 For the making of appointments (including acting appointments), see the Legislation Act
, pt 19.3.
Note 2 In particular, 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 inserts standard notes about appointments.
omit
his or her
substitute
the person's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
a natural person
substitute
an individual
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(a) the public trustee and guardian and that other person jointly have and may exercise any function that the public trustee and guardian, if acting alone, would have or be entitled to exercise; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.151] Sections 16 and 17 (1)
omit
a natural person
substitute
an individual
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Notwithstanding subsection (1), the public trustee and guardian shall
substitute
However, the public trustee and guardian must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Notwithstanding that
substitute
Even though
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
on its own motion
substitute
on its own initiative
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the consular officer or official
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
46 Establishment of board
The Public Trustee and Guardian Investment Board is established.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any
substitute
any
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any or all
substitute
any
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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.
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 new term used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.162] Dictionary, definition of board
substitute
"board" means the Public Trustee and Guardian Investment Board established under section 46.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.24 Public Unleased Land Act 2013
substitute
9A Meaning of carries on business as a hawker
Explanatory note
This amendment revises the heading to align it with the term being defined in section 9A.
[3.164] Section 45 (3), except notes
omit
Explanatory note
This amendment omits a section definition that is no longer used in the section or elsewhere in the Act.
[3.165] Sections 53 (2) and 68 (1), 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.
[3.166] Dictionary, new definitions
insert
"carries on business as a hawker"—see section 9A.
"proposed new permit holder"—see section 71 (1) (Public unleased land permit—application to transfer permit).
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act. The definition of carries on business as a hawker is consequential on another amendment.
[3.167] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 12 (2)
• section 19 (2)
• section 25 (2)
• section 38 (5)
• section 48 (2)
• section 51 (2)
• section 52 (2)
• section 54 (2)
• section 55 (2)
• section 56 (2)
• section 62 (1)
• section 65 (1)
• section 66 (2)
• section 81 (1)
• section 82 (2)
• section 103 (1)
• section 106 (2)
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.25 Residential Tenancies Act 1997
omit
(such as gas, oil or wood)
Explanatory note
This amendment omits the example in line with current legislative drafting practice.
[3.169] Section 31 (c), new example and note
insert
Examples—fuel
• gas
• oil
• wood
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 updates the paragraph to recast the example and add a standard note about examples in line with current legislative drafting practice and is consequential on another amendment.
[3.170] Sections 58 (1) (b) and 59 (1) (b)
substitute
(b) the notice is not—
(i) in the form approved under section 133 (Approved forms—Minister) for a termination notice; or
(ii) served as prescribed by regulation; and
Explanatory note
This amendment corrects a minor typographical error by replacing the word ‘form' (first-mentioned) with ‘notice' consistent with the context of the provision and recasts the provision in line with current legislative drafting practice.
insert
(2) In this section:
"periodic agreement" means a residential tenancy agreement that is not a fixed term agreement.
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary a definition of a term that is used only in section 63. The definition is omitted from the dictionary by another amendment.
omit
• oath
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 omits a term that is no longer used in the Act.
[3.173] Dictionary, definition of periodic agreement
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 63 by another amendment.
Part 3.26 Retirement Villages Act 2012
[3.174] Section 7 (2), 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 giving documents.
[3.175] Section 23 (1), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about giving documents.
[3.176] Section 24 (3), new note
insert
Note 3 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about giving documents.
omit
Explanatory note
This amendment omits a section that is now redundant because the review period mentioned in the section has passed.
Part 3.27 Road Transport (Driver Licensing) Act 1999
substitute
5A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code
, sch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 31A (Offence—driving while right to drive suspended)
• s 33A (Contravening interlock condition).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for an offence 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 updates the section as a consequence of an amendment to note 1 made by the Road Transport Legislation Amendment Act 2013 (No 2)
to add another offence. Note 1 lists the offences to which the Criminal Code
applies.
Part 3.28 Road Transport (Public Passenger Services) Act 2001
insert
• s 111 (Public passenger vehicle insurance compulsory)
• s 112 (Police officer or authorised person may require evidence of public passenger vehicle insurance)
Explanatory note
Section 4A, note 1 lists the offences in the Act to which the Criminal Code
, chapter 2 applies. The Criminal Code
, chapter 2 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. This amendment updates the list by adding 2 offences that have been included in the Act.
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.
insert
(2) In this section:
"registered operator", for a vehicle—see the Road Transport (Vehicle Registration) Act 1999
, dictionary.
Explanatory note
This amendment inserts a signpost definition for a term used in this section and defined in another Act.
[3.182] Sections 117 (4) and 118 (2)
omit
any 1 or more
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.29 Road Transport (Public Passenger Services) Regulation 2002
[3.183] Section 221I (2) (b) (ii)
omit
hiring; or
substitute
hiring; and
Explanatory note
This amendment corrects a minor typographical error.
omit
• Australian Design Rule
Explanatory note
Dictionary, note 4 lists examples of terms used in the regulation that are defined in the Road Transport (General) Act 1999
, dictionary. This amendment omits a term that is no longer used in the regulation.
insert
• authorised person
• driver licence
Explanatory note
Dictionary, note 4 lists examples of terms used in the regulation that are defined in the Road Transport (General) Act 1999
, dictionary. This amendment inserts terms that are used in the regulation and defined in the Road Transport (General) Act 1999
, dictionary.
[3.186] Dictionary, definitions of authorised person and driver licence
omit
Explanatory note
This amendment omits commonly-used terms that are defined in the Road Transport (General) Act 1999
, dictionary. It is consequential on the insertion, by another amendment, of new terms in note 4 in the regulation, dictionary, which refers users to the Road Transport (General) Act 1999
, dictionary for the definitions of words and expressions commonly used in road transport legislation.
[3.187] Dictionary, definitions of pre-approval , stand-by hire car and usual hire car
substitute
"pre-approval", for a standard taxi licence or a wheelchair-accessible taxi licence—see section 83.
"stand-by hire car", for subdivision 3A.4.1.3 (Stand-by hire cars)—see section 177B.
"usual hire car", for subdivision 3A.4.1.3 (Stand-by hire cars)—see section 177B.
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
Part 3.30 Second-hand Dealers Act 1906
before section 2A, insert
2AA Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act
, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts a standard section about notes.
omit
• CrimTrac
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act.
Part 3.31 Security Industry Act 2003
relocate before section 6
Explanatory note
This amendment relocates the heading for part 2 to a more appropriate location in the Act.
insert
• Australian Criminal Intelligence Commission
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 new term that is used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of Australian Criminal Intelligence Commission is inserted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
• CrimTrac
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act as a consequence of changes to the definition of police certificate by another amendment.
[3.193] Dictionary, definition of police certificate , paragraph (a)
omit
CrimTrac
substitute
the Australian Criminal Intelligence Commission
Explanatory note
This amendment updates the definition to reflect the change of the name of CrimTrac to the Australian Criminal Intelligence Commission (see explanatory note for amendment 2.2 for additional information).
Part 3.32 Spent Convictions Act 2000
omit
• CrimTrac
Explanatory note
This amendment omits a definition of term that is no longer used in the Act as a consequence of changes to the definition of law enforcement agency by another amendment.
[3.195] Dictionary, definition of law enforcement agency , paragraph (e)
omit
Explanatory note
This amendment updates the definition by omitting a reference to CrimTrac to reflect the merge of the CrimTrac agency with the Australian Crime Commission (see explanatory note for amendment 2.2 for additional information).
Part 3.33 Trustee Act 1925
[3.196] Section 5 , note 1
substitute
Note 1 Criminal Code
The Criminal Code
, ch 2 applies to all offences against this Act (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 ).
Explanatory note
This amendment substitutes a standard note about the application of the Criminal Code
.
insert
(11) In this section:
"joint tenant "includes joint owner.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 9. The definition is omitted from the dictionary by another amendment.
[3.198] Dictionary, definition of joint tenant
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 9 by another amendment.
Part 3.34 University of Canberra Act 1989
[3.199] Schedule 1, modification 1.1, section 56 (3) (d) and modification 1.6, section 63 (3)
omit
generally accepted accounting principles
substitute
accounting standards
Explanatory note
The Act, schedule 1 modifies the Financial Management Act 1996
, part 8 in its application to the University of Canberra. This amendment is consequential on changes to the Financial Management Act 1996
by another amendment.
Part 3.35 Utilities (Technical Regulation) Act 2014
[3.200] Sections 18 (5) and 20 (3), new note
insert
Note For what must be included in a statement of reasons, see the Legislation Act
, s 179.
Explanatory note
This amendment inserts a standard note about statements of reasons.
[3.201] Section 32 (2), 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
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.203] Section 48 (1), 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.
[3.204] Section 55 (6), new note
insert
Note For what must be included in a statement of reasons, see the Legislation Act
, s 179.
Explanatory note
This amendment inserts a standard note about statements of reasons.
[3.205] Section 84 (3), definition of part of the premises used only for residential or private business purposes
substitute
part of the premises used only for residential or private business purposes —
(a) includes—
(i) the inside of a residential building; and
(ii) the inside of a building used to conduct a private business; but
(b) does not include the front yard, back yard or side yards of premises on which a residential building or a building used to conduct a private business are located.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.206] Section 95, definition of utility infrastructure work , paragraphs (c) and (d)
substitute
(c) a gas distribution network;
(d) a gas transmission network;
Explanatory note
This amendment changes the order of the paragraphs in line with current legislative drafting practice.
insert
(2) In this section:
"electricity distribution network"—see the Utilities Act 2000
, section 7.
"electricity transmission network"—see the Utilities Act 2000
, section 7.
"gas distribution network"—see the Utilities Act 2000
, section 10.
"gas transmission network"—see the Utilities Act 2000
, section 10.
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary definitions of terms that are used only in section 95. The definitions are omitted from the dictionary by another amendment.
omit the definitions of
electricity distribution network
electricity transmission network
gas distribution network
gas transmission network
network protection notice
Explanatory note
This amendment omits the first four definitions because they have been relocated to section 95 by another amendment. The term network protection notice is omitted because it is no longer used in the Act.
[3.209] Dictionary, definition of technical code for listed dam
substitute
"technical code for listed dam", for part 8 (Dams safety)—see section 57.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.210] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 17 (2)
• section 18 (2)
• section 22 (1)
• section 49 (2)
• section 54 (2)
• section 55 (2)
• section 96 (2)
Explanatory note
This amendment inserts a standard note about how documents may be given.
Part 3.36 Workers Compensation Act 1951
omit
"Work injury"—see the LTCS Act, dictionary.
Explanatory note
This amendment omits part of a note relating to a definition that is no longer used in the section.
substitute
(5) In this section:
"hire car"—see the Road Transport (Public Passenger Services) Act 2001
, section 67.
"public bus"—see the Road Transport (Public Passenger Services) Act 2001
, section 10A.
"public transport" means a public bus, taxi, rideshare vehicle or hire car.
"rideshare vehicle"—see the Road Transport (Public Passenger Services) Act 2001
, section 60A.
"taxi"—see the Road Transport (Public Passenger Services) Act 2001
, section 45.
Explanatory note
This amendment inserts new definitions that are consequential on amendments made to the Road Transport (Public Passenger Services) Act 2001
about ridesharing.
insert
(5) In this section:
"compensation for costs", for a worker, means compensation to which the worker is entitled under part 4.5 (Compensation for medical treatment, damage and other costs).
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary a definition of a term that is used only in section 134. The definition is omitted from the dictionary by another amendment.
insert
(3) In this section:
"recognised auditor", for the DI fund, means an auditor who is not employed or engaged by the DI fund.
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary a definition of a term that is used only in section 167C. The definition is omitted from the dictionary by another amendment.
insert
(3) In this section:
"earned premium", for a period, means the total billed underwritten premium for compulsory insurance policies for the period.
Explanatory note
This amendment inserts a new definition subsection and relocates from the dictionary a definition of a term that is used only in section 168. The definition is omitted from the dictionary by another amendment.
omit
• law, of the Territory
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 omits a term that is no longer used in the Act.
omit the definitions of
compensation for costs
earned premium
recognised auditor
work injury
Explanatory note
This amendment omits the first three definitions because they have been relocated to other sections by other amendments. The term work injury is omitted because it is no longer used in the Act.
Part 3.37 Work Health and Safety Regulation 2011
[3.218] Section 48 (3), definition of assistance
omit
emergency service workers
substitute
emergency services workers
Explanatory note
This amendment is consequential to the insertion of a definition of emergency services worker in the dictionary made by another amendment.
substitute
63 Application to emergency services workers
Explanatory note
This amendment is consequential to the insertion of a definition of emergency services worker in the dictionary made by another amendment.
omit
emergency service worker
substitute
emergency services worker
Explanatory note
This amendment is consequential to the insertion of a definition of emergency services worker in the dictionary made by another amendment.
omit
emergency service worker
substitute
emergency services worker
Explanatory note
This amendment is consequential to the insertion of a definition of emergency services worker in the dictionary made by another amendment.
[3.222] Dictionary, definition of emergency service worker
omit
Explanatory note
This amendment is consequential to the insertion of a definition of emergency services worker in the dictionary made by another amendment.
[3.223] Dictionary, new definition of emergency services worker
insert
"emergency services worker "means—
(a) a police officer; or
(b) a member of an emergency service.
Note An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act
, dict, pt 1).
Explanatory note
The Work Health and Safety Act 2011
, section 108 (4) includes a definition of emergency services worker the substance of which is identical to the definition of emergency service worker which is omitted by another amendment. This amendment inserts a new definition of emergency services worker that is consistent with the definition in the Work Health and Safety Act 2011
.