Commonwealth Numbered Regulations - Explanatory Statements
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AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) REGULATIONS 2021 (F2021L01019)
EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
Australian Capital Territory (Self-Government) Act 1988
Australian Capital Territory (Self-Government) Regulations 2021
Authority
The Australian Capital Territory (Self-Government) Act 1988 (the Act) provides for the government of the Australian Capital Territory and related purposes. Section 74 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out of giving effect to this Act.
The Australian Capital Territory (Self-Government) Regulations 2021 (the Regulations) are made under section 27 of the Act which provide that, except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.
Purpose and operation
The Regulations replace the Australian Capital Territory (Self-Government) Regulations 1989 which are due to sunset on 1 April 2022. The Regulations have been amended to remove provisions which are no longer required and to update the list of enactments which bind the Crown in right of the Commonwealth.
Consultation
The ACT Government and Australian Government agencies were consulted about the list of enactments in the Regulations which bind the Crown in right of the Commonwealth.
Other
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations commence the day after registration on the Federal Register of Legislation.
Details of the Regulations are set out in the Attachment.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Capital Territory (Self-Government) Regulations 2021
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Regulations
Purpose and operation
The Regulations replace the Australian Capital Territory (Self-Government) Regulations 1989 which are due to sunset on 1 April 2022. The Regulations have been amended to remove provisions which are no longer required and to update the list of enactments which bind the Crown in right of the Commonwealth.
Human rights implications
The Regulations do not engage any of the applicable rights or freedoms.
Conclusion
The Regulations are compatible with human rights as they do not raise any human rights issues.
Assistant Minister for Regional Development and Territories,
Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
The Hon Nola Marino MP
ATTACHMENT--NOTES ON CLAUSES
This attachment explains the operation of individual provisions in the Australian Capital Territory (Self-Government) Regulations 2021.
Part 1--Preliminary
Section 1 - Name
This section provides that the name of the Regulations is the Australian Capital Territory (Self-Government) Regulations 2021 (the Regulations).
Section 2 - Commencement
This section provides for the Regulations to commence on the day after the Regulations are registered on the Federal Register of Legislation.
Section 3 - Authority
This section provides that the Regulations are made under the Australian Capital Territory (Self-Government) Act 1988.
Section 4 - Schedule 1
This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.
Part 2--Enactments that bind the Crown in right of the Commonwealth
Section 5 - Enactments that bind the Crown in right of the Commonwealth
Subsection 5(1) provides that the following enactments bind the Crown in right of the Commonwealth if the enactment would do so apart from section 27 of the Act:
a) the Adoption Act 1993 (ACT);
b) the Commercial Arbitration Act 2017 (ACT);
c) the Common Boundaries Act 1981 (ACT);
d) the Dangerous Substances Act 2004 (ACT);
e) the Domestic Animals Act 2000 (ACT);
f) the Environment Protection Act 1997 (ACT);
g) the Limitation Act 1985 (ACT);
h) the Machinery Act 1949 (ACT);
i) the Nature Conservation Act 2014 (ACT);
j) the Road Transport (General) Act 1999 (ACT);
k) the Sale of Goods (Vienna Convention) Act 1987 (ACT);
l) the Scaffolding and Lifts Act 1912 (ACT);
m) the Water Resources Act 2007 (ACT).
Section 27 of the Act provides that, except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.
Subsection 5(2) provides that nothing in an enactment which binds the Crown in right of the Commonwealth, specified in subsection (1) makes the Crown in right of the Commonwealth liable to be prosecuted for an offence.
Schedule 1--Repeals
Australian Capital Territory (Self-Government) Regulations 1989
Item 1--The whole of the instrument
Item 1 of Schedule 1 repeals the Australian Capital Territory (Self-Government) Regulations 1989.