Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Dictionary
(see s 2)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• exercise
• Magistrates Court
• oath
• person
• Supreme Court
• tribunal.
"arbitration agreement" means an agreement in writing to refer present or future disputes to arbitration.
"arbitrator" includes, where there are 2 or more arbitrators, the arbitrators.
"award" means final or interim award.
"court" means—
(a) the Supreme Court; or
(b) the Magistrates Court if—
(i) an arbitration agreement provides that the Magistrates Court has jurisdiction under this Act; or
(ii) the parties to an arbitration agreement that is in force have agreed in writing that the Magistrates Court has jurisdiction under this Act.
"misconduct" includes corruption, fraud, partiality, bias and a breach of the rules of natural justice.
"party", in relation to an arbitration agreement, includes any person claiming through or under a party to the arbitration agreement.
"power of appointment", in relation to an arbitrator or umpire, means a power to—
(a) appoint an arbitrator or umpire; or
(b) join in the appointment of an arbitrator or umpire; or
(c) concur in or approve of the appointment of an arbitrator or umpire; or
(d) take any other step for the appointment of an arbitrator or umpire.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
LRA = Legislation (Republication) Act 1996 |
underlining = whole or part not commenced |
|
mod = modified/modification |
or to be expired |
This Act was originally a Commonwealth ordinance—the Commercial Arbitration Ordinance A1986-84(Cwlth).
The Australian Capital Territory (Self-Government) Act 1988
(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910
(Cwlth), s 12).
Legislation before becoming Territory enactment
Commercial Arbitration Act 1986 A1986-84
notified 22 December 1986
commenced 2 March 1987 (s 2 and Cwlth Gaz 1987 No G6)
as amended by
Administrative Arrangements (Consequential Amendments) Ordinance 1988
Ord1988-17 sch 2
notified 22 April 1988
commenced 22 April 1988
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
remainder commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Commercial Arbitration (Amendment) Act 1990
A1990-32 s 4
notified 2 October 1990 (Gaz 1990 No S69
)
s 1, s 2 commenced 2 October 1990 (s 2 (1))
s 4 commenced 1 January 1992 (s 2 (2))
Commercial Arbitration (Amendment) Act 1991
A1991-36
notified 26 August 1991 (Gaz 1991 No S83
)
commenced 26 August 1991
Acts Revision (Position of Crown) Act 1993
A1993-44 sch 2
notified 27 August 1993 (Gaz 1993 No S165
)
commenced 27 August 1993 (s 2)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999
A1999-22 pt 4
notified 14 April 1999 (Gaz 1999 No S16
)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
pt 4 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35
)
Justice and Community Safety Legislation Amendment Act 2000 (No 3)
A2000-17 sch 1
notified 1 June 2000 (Gaz 2000 No 22
)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 66
notified 26 July 2001 (Gaz 2001 No 30
)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 66 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65
)
Evidence (Miscellaneous Provisions) Amendment Act 2003
A2003-48 sch 2 pt 2.1
notified LR 31 October
2003
s 1, s 2 commenced 31 October 2003 (LA s 75
(1))
sch 2 pt 2.1 commenced 30 April 2004 (s 2 and
LA s 79)
Court Procedures (Consequential Amendments) Act 2004
A2004-60 sch 1 pt 1.9
notified LR 2 September
2004
s 1, s 2 commenced 2 September 2004 (LA s 75
(1))
sch 1 pt 1.9 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004
A2004-59, s 2 and CN2004-29
)
A2006-25 sch 2 pt 2.2
notified LR 21 June 2006
s 1, s 2 commenced 21 June 2006 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 July 2006 (s 2)
Justice and Community Safety Legislation Amendment Act 2006
A2006-40 sch 2 pt 2.9
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.9 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007
A2007-3 sch 3 pt 3.19
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.19 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2008
A2008-28 sch 3 pt 3.14
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.14 commenced 26 August 2008 (s 2)
Justice and Community Safety Legislation Amendment Act 2010 (No 3)
A2010-40 sch 1 pt 1.2, sch 2 pt 2.2
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3, sch 1 pt 1.2 commenced 6 October 2010 (s 2 (1))
sch 2 pt 2.2 commenced 2 November 2010 (s 2 (2))
Statute Law Amendment Act 2011
A2011-3 sch 3 pt 3.8
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.8 commenced 1 March 2011 (s 2)
Justice and Community Safety Legislation Amendment Act 2015
A2015-11 sch 1 pt 1.2
notified LR 20 May 2015
s 1, s 2 commenced 20 May 2015 (LA s 75 (1))
sch 1 pt 1.2 commenced 21 May 2015 (s 2 (1))
as repealed by
Commercial Arbitration Act 2017
A2017-7 s 42
notified LR 4 April 2017
s 1A, s 1B commenced 4 April 2017 (LA s 75 (1))
s 42 commenced 1 July 2017 (s 1B and CN2017-1
)
Name of
Act
s 1 sub A2007-3
amdt 3.84
Dictionary
s
2 om A2001-44
amdt
1.758
ins A2007-3
amdt 3.85
Notes
s
3 hdg sub A2001-44
amdt
1.759
s 3 am A1990-32
s 4; A2001-44
amdts 1.760-1.762; ss renum R4 LA (see A2001-44
amdt
1.763)
sub A2007-3
amdt 3.85
Application of
Act
s 4 prev s
4
am A1991-36
s
4
defs reloc to dict A2007-3
amdt
3.88
om A2007-3
amdt
3.89
def power of appointment
or power to appoint om A2007-3
amdt
3.87
pres s
4
ins A2007-3
amdt
3.85
am A2010-40
amdt 1.2
Crown to be
bound
s 5 am Ord1989-38
sch
1
om A1993-44
sch 2
Presumption of single
arbitrator
s 6 sub A1991-36
s 5
am
A2011-3
amdt 3.87
Presumption as to joint appointment of
arbitrator
s 7 am A1991-36
s 6; A2011-3
amdt 3.88
Default in the exercise of power to appoint
arbitrator
s 8 am A2007-3
amdt 3.90; A2011-3
amdts 3.89-3.93
Power to appoint new arbitrator or
umpire
s 9 am A2007-3
amdt 3.91
Power of court where arbitrator or umpire is
removed
s 11 am A2011-3
amdt 3.94
Appointment of
umpire
s 12 am A1991-36
s 7; A2008-28
amdt 3.50
Position of person appointed by court
etc
s 13 am A2011-3
amdt 3.95
How decisions are
made
s 15 sub A1991-36
s 8
am
A2011-3
amdt 3.96
Circumstances in which umpires may enter on
arbitration
s 16 am A1991-36
s 9; A2008-28
amdt 3.51; A2011-3
amdt 3.97, amdt 3.98
Subpoenas to attend
etc
s 17 sub A2004-60
amdt
1.33
am A2006-40
amdt 2.71
Failure to attend before arbitrator or
umpire etc
s 18 hdg sub A2004-60
amdt
1.34
s 18 am A1991-36
s 10
am
A2004-60
amdts 1.35-1.40; A2008-28
amdts 3.52-3.54; ss renum R10 LA; A2011-3
amdt 3.99
Evidence before arbitrator or
umpire
s 19 am A1991-36
s 11; A2011-3
amdt 3.100
Representation
s
20 sub A1991-36
s 12
am
A2006-25
amdt 2.2, amdt 2.3; A2011-3
amdt 3.101
Appearance by audiovisual or audio
links
s 20A ins A1999-22
s 8
am
A2000-17
sch 1; A2003-48
amdt 2.1; A2010-40
amdt 2.2; A2011-3
amdt 3.102
Effect of appointment of new arbitrator or
umpire on evidence previously given and awards and determinations previously
made
s 21 am A1991-36
s 13
Determinations to be made according to law
or as amiable compositeur or ex aequo et bono (see UNCITRAL
Arbitration Rules art 33, par 2)
s
22 am A1991-36
s 14
Interim
awards
s 23 am A1991-36
s 15
Specific
performance
s 24 am A1991-36
s 16
Consolidation of arbitration
proceedings
s 26 sub A1991-36
s 17
Settlement of disputes otherwise than by
arbitration
s 27 sub A1991-36
s 17
Award to be
final
s 28 am A1991-36
s 18
Form of
award
s 29 am A1991-36
s 19
Interest up to making of
award
s 31 am A1991-36
s 20
Interest on debt under
award
s 32 am A1991-36
s 21
Enforcement of
award
s 33 am A1991-36
s 22
Costs
s
34 am A1991-36
s 23; A2006-40
amdts 2.72-2.74; A2008-28
amdt 3.55
Assessment of arbitrator's or
umpire's fees or expenses
s 35
hdg sub A2006-40
amdt
2.75
s 35 am A1991-36
s 24; A2006-40
amdts 2.76-2.79
Costs of abortive
arbitration
s 36 am A1991-36
s 25
Judicial review of
awards
s 38 am A1991-36
s 26; A2006-40
amdt 2.80, amdt 2.81
Exclusion agreements not to apply in certain
cases
s 41 am A1991-36
s 27
Delay in prosecuting
claims
s 46 am A1991-36
s 28
Death of
party
s 52 am A1991-36
s 29
Power to stay court
proceedings
s 53 am A1991-36
s 30; A2006-40
amdt 2.82; A2015-11
amdt 1.21
Effect of Scott v Avery
clauses
s 55 am A1991-36
s 31
Power to stay court
proceedings
s 56 om A2006-40
amdt 2.83
Regulation-making
power
s 58 am Ord1988-17
sch 2; Ord1989-38
sch
1
sub A2001-44
amdt 1.764
Dictionary
dict ins
A2007-3
amdt
3.92
am A2008-28
amdt 3.56; A2015-11
amdt 1.22
def arbitration
agreement reloc from s 4 A2007-3
amdt
3.88
def arbitrator ins A2007-3
amdt
3.92
def award reloc from s
4 A2007-3
amdt
3.88
def court sub A2007-3
amdt
3.86
reloc from s 4 A2007-3
amdt
3.88
def misconduct reloc
from s 4 A2007-3
amdt
3.88
def party reloc from s
4 A2007-3
amdt
3.88
def power of appointment
ins A2007-3
amdt
3.87
reloc from s 4 A2007-3
amdt 3.88
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
26 Aug
1991– |
initial republication since self-government
R1
(RI)
10 Dec 2013
26 Aug
1991–
26 Aug 1993
reissue of printed version
R2
31 Jan
1994
27 Aug
1993–
31 Aug 1999
amendments by A1993-44
R2
(RI)
10 Dec 2013
27 Aug
1993–
31 Aug 1999
reissue of printed version
R2A
10
Dec 2013
1 Sept
1999–
31 May 2000
amendments by A1999-22
R3
1 June
2000
1 June
2000–
11 Sept 2001
amendments by A2000-17
R3
(RI)–
10 Dec 2013
1 June
2000–
11 Sept 2001
reissue of printed version
R4
13 Feb
2002
12 Sept
2001–
29 Apr 2004
amendments by A2001-44
R5
30 Apr
2004
30 Apr
2004–
9 Jan 2005
amendments by A2003-48
R6
10 Jan
2005
10 Jan
2005–
30 June 2006
amendments by A2004-60
R7
1 July
2006
1 July
2006–
28 Sept 2006
amendments by A2006-25
R8
29
Sept 2006
29 Sept
2006–
11 Apr 2007
amendments by A2006-40
R9
12 Apr
2007
12 Apr
2007–
25 Aug 2008
amendments by A2007-3
R10*
26
Aug 2008
26 Aug
2008–
5 Oct 2010
amendments by A2008-28
R11
6 Oct
2010
6 Oct
2010–
1 Nov 2010
amendments by A2010-40
R12
2 Nov
2010
2 Nov
2010–
28 Feb 2011
amendments by A2010-40
R13
1 Mar
2011
1 Mar
2011–
20 May 2015
amendments by A2011-3
R14
21
May 2015
21 May
2015–
30 June 2017
amendments by A2015-11
© Australian Capital
Territory 2017