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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Update (A.C.T. Self-Government
(Consequential Provisions) Regulations)
Bill 2016
No. , 2016
(Infrastructure and Regional Development)
A Bill for an Act to make various amendments of
the statute law of the Commonwealth to enable the
repeal of certain provisions of the A.C.T.
Self-Government (Consequential Provisions)
Regulations, and for related purposes
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments of Acts
3
Administrative Appeals Tribunal Act 1975
3
Air Accidents (Commonwealth Government Liability) Act 1963
3
Australian Bureau of Statistics Act 1975
4
Australian Grape and Wine Authority Act 2013
4
Commonwealth Motor Vehicles (Liability) Act 1959
4
Copyright Act 1968
5
Director of Public Prosecutions Act 1983
5
Disability Services Act 1986
6
Freedom of Information Act 1982
6
Home and Community Care Act 1985
7
Public Accounts and Audit Committee Act 1951
7
Public Lending Right Act 1985
7
Public Works Committee Act 1969
7
Remuneration Tribunal Act 1973
8
Seat of Government (Administration) Act 1910
8
Superannuation Act 1976
9
Superannuation (Productivity Benefit) Act 1988
9
Urban and Regional Development (Financial Assistance) Act 1974
9
Part 2--Amendments of Regulations
10
A.C.T. Self-Government (Consequential Provisions) Regulations
10
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
1
A Bill for an Act to make various amendments of
1
the statute law of the Commonwealth to enable the
2
repeal of certain provisions of the A.C.T.
3
Self-Government (Consequential Provisions)
4
Regulations, and for related purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act is the Statute Update (A.C.T. Self-Government
8
(Consequential Provisions) Regulations) Act 2016.
9
2
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
No. , 2016
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
(1) Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
(2) The amendment of any regulation under subsection (1) does not
18
prevent the regulation, as so amended, from being amended or
19
repealed by the Governor-General.
20
Amendments Schedule 1
Amendments of Acts Part 1
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Amendments of Acts
2
Administrative Appeals Tribunal Act 1975
3
1 After section 36A
4
Insert:
5
36AA Interpretation of sections 36B, 36C and 36D
6
In sections 36B, 36C and 36D, unless the contrary intention
7
appears:
8
Attorney-General includes the Minister administering the ACT
9
Civil and Administrative Tribunal Act 2008 of the Australian
10
Capital Territory.
11
Cabinet includes the Australian Capital Territory Executive.
12
Air Accidents (Commonwealth Government Liability) Act
13
1963
14
2 After subsection 11(3)
15
Insert:
16
(3A) Subject to this section, this Part applies to the carriage in an aircraft
17
operated by a person other than the Commonwealth or a
18
Commonwealth authority of a passenger, being a person to whom
19
paragraph (1)(a), (b) or (c) would apply if the references in those
20
paragraphs to the Commonwealth were references to the Australian
21
Capital Territory and the references in those paragraphs to a
22
Commonwealth authority were omitted.
23
(3B) For the purposes of the application of this Part in accordance with
24
subsection (3A), the succeeding provisions of this Part have effect
25
as if references in those provisions to the Commonwealth (other
26
than references to a Commonwealth authority, or references to the
27
Schedule 1 Amendments
Part 1 Amendments of Acts
4
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
No. , 2016
Commonwealth in the expression whether in the Commonwealth
1
or elsewhere) were references to the Australian Capital Territory.
2
Australian Bureau of Statistics Act 1975
3
3 Subsection 19(3)
4
After "Chief Minister" (first occurring), insert "of the Australian Capital
5
Territory or".
6
4 Subsection 19(3)
7
Omit "the Northern Territory" (second occurring), substitute "that
8
Territory".
9
Australian Grape and Wine Authority Act 2013
10
5 Subsection 41A(9)
11
Repeal the subsection, substitute:
12
(9) In this section:
13
Parliament means:
14
(a) in relation to the Australian Capital Territory--the
15
Legislative Assembly for the Territory; and
16
(b) in relation to the Northern Territory--the Legislative
17
Assembly of the Territory.
18
State includes the Australian Capital Territory and the Northern
19
Territory.
20
Commonwealth Motor Vehicles (Liability) Act 1959
21
6 Subsection 3(1) (definition of Commonwealth authority)
22
Before "the Northern Territory" (wherever occurring), insert "the
23
Australian Capital Territory or".
24
Amendments Schedule 1
Amendments of Acts Part 1
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
5
Copyright Act 1968
1
7 Subsection 10(1) (definition of the Crown)
2
Before "the Northern Territory" (first occurring), insert "the Australian
3
Capital Territory and".
4
8 Subsection 10(1) (definition of the Crown)
5
Before "the Northern Territory" (second occurring), insert "the
6
Australian Capital Territory or".
7
9 Paragraph 10(3)(e)
8
Before "the Northern Territory", insert "the Australian Capital Territory
9
and".
10
10 Paragraph 10(3)(n)
11
Before "the Northern Territory" (first occurring), insert "the Australian
12
Capital Territory and".
13
11 Paragraph 10(3)(n)
14
Before "the Northern Territory" (second occurring), insert "the
15
Australian Capital Territory or".
16
12 Subsection 182B(1) (note at the end of the definition of
17
government)
18
Omit ", as modified by the A.C.T. Self-Government (Consequential
19
Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392)".
20
13 Subsection 183(11)
21
Omit "State or" (wherever occurring), substitute "State, the Australian
22
Capital Territory or".
23
Director of Public Prosecutions Act 1983
24
14 Subsection 3(1) (before paragraph (a) of the definition of
25
law of the Commonwealth)
26
Insert:
27
(aa) the Australian Capital Territory (Self-Government) Act 1988;
28
Schedule 1 Amendments
Part 1 Amendments of Acts
6
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
No. , 2016
15 Subsection 3(1) (paragraph (c) of the definition of law of
1
the Commonwealth)
2
After "paragraph", insert "(aa),".
3
16 Subsection 3(1) (definition of State)
4
After "includes", insert "the Australian Capital Territory and".
5
17 Subsection 3(1) (definition of Territory)
6
After "include", insert "the Australian Capital Territory or".
7
Disability Services Act 1986
8
18 Section 7 (definition of State)
9
Repeal the definition, substitute:
10
State includes the Australian Capital Territory and the Northern
11
Territory.
12
19 Subsection 23(10)
13
After "States,", insert "of the Australian Capital Territory,".
14
20 Subsection 27(5)
15
After "States,", insert "of the Australian Capital Territory,".
16
Freedom of Information Act 1982
17
21 After section 16
18
Insert:
19
16A Requests transferred from the ACT
20
Where a request under the Freedom of Information Act 1989 of the
21
Australian Capital Territory is transferred to an agency in
22
accordance with section 33 of that Act, it becomes a request under
23
this Act at the time at which it is received by the agency.
24
Amendments Schedule 1
Amendments of Acts Part 1
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
7
Home and Community Care Act 1985
1
22 Subsection 3(4)
2
After "includes", insert "the Australian Capital Territory and".
3
Public Accounts and Audit Committee Act 1951
4
23 Paragraph 8(2)(a)
5
Before "the Northern Territory", insert "the Australian Capital Territory
6
or".
7
24 Subparagraph 8(2)(b)(i)
8
Before "the Northern Territory", insert "the Australian Capital Territory
9
or".
10
25 Subsection 8(6) (definition of State)
11
After "includes", insert "the Australian Capital Territory and".
12
Public Lending Right Act 1985
13
26 Subsection 8(2)
14
After "a State, by", insert "the Australian Capital Territory or".
15
Public Works Committee Act 1969
16
27 Section 5 (at the end of the definition of authority of the
17
Commonwealth)
18
Add "or a body established by or under an enactment within the
19
meaning of section 3 of the Australian Capital Territory
20
(Self-Government) Act 1988".
21
28 Section 5 (definition of State)
22
After "includes", insert "the Australian Capital Territory and".
23
29 Before paragraph 6(2)(a)
24
Insert:
25
(aa) a work:
26
Schedule 1 Amendments
Part 1 Amendments of Acts
8
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
No. , 2016
(i) that is proposed to be carried out by or for the
1
Australian Capital Territory; and
2
(ii) in respect of the carrying out of which moneys of that
3
Territory are proposed to be expended by that Territory;
4
or
5
Remuneration Tribunal Act 1973
6
30 Subsection 3(1)
7
Insert:
8
enactment has the same meaning as in section 3 of the Australian
9
Capital Territory (Self-Government) Act 1988.
10
31 Subsection 3(1) (at the end of the definition of public
11
statutory corporation)
12
Add "or a corporation established for a public purpose by a law of the
13
Australian Capital Territory".
14
32 Paragraph 3(4)(b)
15
After "Territory", insert "(other than an enactment)".
16
33 After paragraph 3(4)(fa)
17
Insert:
18
(fb) an executive education office;
19
Seat of Government (Administration) Act 1910
20
34 Paragraph 12(2)(b)
21
Before "take", insert "subject to subsection (2AA),".
22
35 After subsection 12(2)
23
Insert:
24
(2AA) An Ordinance that:
25
(a) makes provision in relation to a matter arising from,
26
connected with or consequential upon the establishment of
27
the Territory as a body politic under the Crown; and
28
Amendments Schedule 1
Amendments of Acts Part 1
No. , 2016
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
9
(b) is made on or before Self-Government Day within the
1
meaning of the A.C.T. Self-Government (Consequential
2
Provisions) Act 1988;
3
may be expressed to take effect from the date of commencement of
4
a provision of the Australian Capital Territory (Self-Government)
5
Act 1988.
6
Superannuation Act 1976
7
36 Subparagraph 120(a)(i)
8
After "State or of", insert "the Legislative Assembly for the Australian
9
Capital Territory or".
10
37 Subsection 125(3)
11
After "by a person of", insert "the Legislative Assembly for the
12
Australian Capital Territory or".
13
Superannuation (Productivity Benefit) Act 1988
14
38 Subsection 3(1) (paragraph (c) of the definition of qualified
15
employee)
16
After "Ordinance", insert "or enactment".
17
Urban and Regional Development (Financial Assistance) Act
18
1974
19
39 Section 3
20
Insert:
21
State includes the Australian Capital Territory.
22
Schedule 1 Amendments
Part 2 Amendments of Regulations
10
Statute Update (A.C.T. Self-Government (Consequential Provisions)
Regulations) Bill 2016
No. , 2016
Part 2--Amendments of Regulations
1
A.C.T. Self-Government (Consequential Provisions)
2
Regulations
3
40 Regulation 2
4
Repeal the regulation.
5
41 Schedule 1
6
Repeal the Schedule.
7