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This is a Bill, not an Act. For current law, see the Acts databases.
LEGISLATION AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Legislation
Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Legislation Amendment
Bill 2002
A Bill for
An Act to amend the
Legislation Act 2001,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Legislation Amendment Act 2002.
(1) This Act commences on the day after its notification day.
(2) However, a later date or time provided (after
‘commencement:’) at the end of an amendment in schedule 2 has effect
as the commencement date or time of the amendment.
Example
An amendment followed by ‘(commencement: the commencement of section
3 of this Act or immediately after the commencement of the XYZ Act 2001,
whichever is the later)’ means the amendment commences on the commencement
of section 3 of this Act or the commencement of the XYZ Act 2001,
whichever is the later.
This Act amends the Legislation Act 2001.
Note 1 The Legislation Act 2001 is amended in the body of
this Act and in sch 1.
Note 2 Other Acts are amended in sch 2 (see s 29) and several Acts
are repealed by s 30.
4 ObjectsSection
5 (2) (b) and (c)
substitute
(b) restating the law dealing with the ‘life cycle’ of
legislation, improving its structure and content, and simplifying its provisions
where practicable; and
(c) assisting users of legislation to find, read, understand and use
legislation by—
(i) facilitating the shortening and simplification of legislation;
and
(ii) promoting consistency in the form and language of legislation;
and
(iii) providing rules about the interpretation of legislation;
and
(iv) facilitating the updating and republication of legislation to ensure
its ready availability.
(3) For this section, the ‘life cycle’ of legislation includes
the making (where relevant), notification, commencement, tabling and
disallowance (where relevant), operation, interpretation, proof, republication,
amendment and repeal of legislation and instruments made under
legislation.
renumber as sections 2, 2A and 3
substitute
4 Application of Act
(1) This Act applies to all Acts (including this Act) and statutory
instruments.
(2) In particular, Acts and statutory instruments are taken to be made on
the basis that they will operate in conjunction with this Act.
Examples
1 An Act imposes an obligation and provides that people who
‘fail’ to carry out the obligation are liable to the penalty. The
Act does not, however, define ‘fail’ or indicate that the word is
used in a special way. In accordance with the dictionary, part 1 to this Act
(see s 144), the word ‘fail’ includes ‘refuse’. In
other words, a person who refuses to carry out the obligation will be subject to
the penalty in the same way as someone who merely neglects the obligation. In
this case, the presence in an Act of a word that is defined in the
Legislation Act 2001 attracts the operation of the definition in the
dictionary.
2 The XYZ Act 2001 contains the following provision:
The Minister may, in writing, determine fees for this Act.
Because the XYZ Act authorises a fee to be determined ‘for this
Act’, section 56 of this Act applies and therefore the provisions of part
6.3 (Making of certain statutory instruments about fees) apply to the
determination of fees under the provision. In this case, the operation of
provisions of the Legislation Act 2001 is attracted because the XYZ
Act 2001 contains a provision that triggers the application of the
part.
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
5 Determinative and non-determinative
provisions
(1) This Act consists of determinative and non-determinative
provisions.
(2) A determinative provision is a provision of this Act
that is declared to be a determinative provision.
Example
Section 4 (3) provides that section 4 is a determinative
provision.
(3) A non-determinative provision is any other provision of
this Act.
Example
Section 3 does not contain a provision corresponding to section 4 (3).
Therefore section 3 is not a determinative provision.
6 Legislation Act provisions must be
applied
(1) A provision of this Act must be applied to an Act or statutory
instrument, in accordance with the terms of the provision, except so far as it
is displaced.
(2) A determinative provision may be displaced expressly or by a manifest
contrary intention.
(3) A non-determinative provision may be displaced expressly or by a
contrary intention.
Note For the distinction between a ‘manifest contrary
intention’ (see s (2)) and ‘contrary intention’ (see s (3)),
see the examples in this section.
(4) The declaration of a provision as ‘determinative’
indicates that it is the intention of the Legislative Assembly that, if the
provision is to be displaced at all in a particular case, a more deliberate
displacement is required than if the provision were a non-determinative
provision.
(5) This section applies despite any presumption or rule of
interpretation.
(6) A provision of this Act must not be taken to be displaced by a
provision of an Act or statutory instrument so far as the provisions can operate
concurrently.
(7) In particular and without limiting subsection (5), a provision of this
Act is not displaced by a provision of an Act or statutory instrument because
the provisions deal with the same or a similar subject matter.
(8) This section is a determinative provision.
Examples of different kinds of
displacement
1 Determinative provision—express displacement
The Collections Regulation Act 1999 (hypothetical), section 83
contains the following provision:
(2) The Legislation Act 2001, section 47 (3) does not apply to
regulations under this Act.
Section 83 (2) illustrates a provision expressly displacing the
Legislation Act 2001, section 47 (3), a determinative
provision.
2 Determinative provision—manifest contrary
intention
The Motor Repairers Act 2001 (hypothetical) does not contain a
provision like the Collections Regulation Act 1999, section 83, but
section 79 contains the following provision:
(3) The regulations may apply, adopt or incorporate an instrument or
provision of an instrument as in force from time to time.
Section 79 (3) illustrates a provision displacing the Legislation Act
2001, section 47 (3), a determinative provision, by a manifest contrary
intention because section 79 (3) clearly contradicts section 47 (3).
3 Non-determinative provision—contrary intention
The master of a vessel is charged with contravening the Liquor Act
2001 (hypothetical), section 126 by selling liquor on or from
‘licensed premises’ otherwise than at a time authorised by the Act.
It is claimed that the sale took place on the vessel. The Act defines
‘licensed premises’ to mean that part or those parts of a building
or buildings and of the land adjoining it or them as defined by the licensing
court. It is argued that the complaint is defective in that a vessel cannot be
‘licensed premises’. However, section 126 is expressed to
apply to ‘a licensee, servant, agent or master who sells liquor on
or from licensed premises’. In this case, the reference to
‘master’ indicates a contrary intention indicating that the section
is intended to apply to liquor sold on or from vessels.
Example of concurrent operation (no
displacement)
The Small Clubs Act 2002 (hypothetical) contains the following
provision about how notice of the club’s annual general meeting may be
served on members of a registered small club:
60 Serving notice of annual general meeting
The executive committee of a registered small club may serve notice of the
annual general meeting of the club on members by pinning the notice to a
noticeboard in the club house.
The Legislation Act 2001, section 247, a non-determinative
provision, allows a document to be served on an individual under an Act in a
number of ways (by giving the document to the individual, by sending it by
prepaid post etc), but does not mention pinning the document to a noticeboard as
a method of giving the notice.
Section 247 is not displaced by the Small Clubs Act 2002, section
60, because—
• section 60 does not expressly displace section 247 nor does it
indicate a contrary intention (see s 6 (1) and (3)) and, in particular, section
60 does not indicate an intention that the method of service it authorises is to
be the only method of serving notice of annual general meetings on members of
small clubs; and
• the application of section 247 is not displaced by any presumption
or rule of interpretation (see s 6 (5)); and
• sections 60 and 247 can operate concurrently (see s 6 (6)) by
allowing complementary methods of service; and
• the fact that sections 60 and 247 deal with the same (or a similar)
subject matter does not of itself displace section 247 (see s 6 (7) and also s 6
(5)).
It follows, therefore, that the executive committee is free to serve notice
of the annual general meeting under section 60 or section 247.
7 Contents
of registerNew section 19
(4A)
insert
(4A) The parliamentary counsel may enter additional material in the
register in any way the parliamentary counsel considers is likely to be helpful
to users of the register.
Examples
1 A uniform legislative scheme is entered into under heads of agreement
signed on behalf of the Commonwealth, States and Territories. The Legislative
Assembly later passes an Act to implement the scheme on behalf of the ACT and
the Act is notified and entered in the register. The agreement is also entered
in the register as a notifiable instrument with a notifiable instrument number
even though the instrument is not taken to be a notifiable instrument under
section 10 (Meaning of notifiable instrument). The page of the register
for the Act contains the heading ‘Registrable instruments’ and the
agreement is listed underneath. The page of the register for the agreement
gives particulars for the agreement and mentions that it is not a notifiable
instrument but is included in the register for information.
2 An instrument under the Self-Government Act notifying the appointment of
Ministers is entered in the register as a notifiable instrument even though the
instrument is not taken to be a notifiable instrument under section 10 (Meaning
of notifiable instrument). The instrument is also numbered as a
notifiable instrument. The page of the register for the notification mentions
that it is made under the Self-Government Act and is not a notifiable instrument
but is included in the register for information.
3 The Australian Road Rules that are applied in the ACT under the Road
Transport (Safety and Traffic Management) Regulations 2000 are entered in
the register as a notifiable instrument even though the instrument is not taken
to be a notifiable instrument under section 47 (Statutory instrument may make
provision by applying a law or instrument). The page of the register for the
regulations also contains the heading ‘Registrable instruments’ and
the rules are listed underneath. The page of the register for the rules
mentions that the rules are applied under the Road Transport (Safety and
Traffic Management) Regulations 2000 and that they are to be read with, and
as if they formed part of those regulations. The note also explains that
because they were applied before the commencement of the Legislation Act
2001, they are not a registrable instrument under that Act.
substitute
45 Power to make court rules (IA s
27I)
(1) The power of an entity to make rules for a court includes power to
make rules with respect to any matter necessary or convenient to be prescribed
for carrying out or giving effect to the court’s jurisdiction under any
law that authorises or requires anything to be done in or in relation to the
court.
(2) This section is additional to section 44.
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
(4) In this section:
court includes a tribunal.
disallowable instrument, for a Commonwealth Act, means a
disallowable instrument under the Acts Interpretation Act 1901 (Cwlth),
section 46A.
law means—
(a) an Act, subordinate law or disallowable instrument; or
(b) a Commonwealth Act; and
(c) any regulations, rules, ordinance or disallowable instrument under a
Commonwealth Act;
and includes a provision of such a law.
9 Power
to make instrument includes power to amend or
repealSection 46 (3)
substitute
(3) Despite subsection (1), a form that is a registrable instrument may be
repealed or repealed and remade (with or without changes), but may not be
amended.
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
47 Statutory instrument may make provision by
applying a law or instrument (SLA s 8)
(1) This section applies if an Act, subordinate law or disallowable
instrument (the authorising law) authorises or requires the making
of a statutory instrument (the relevant instrument) about a
matter.
(2) The relevant instrument may make provision about the matter by
applying an ACT law—
(a) as in force at a particular time; or
(b) as in force from time to time.
(3) The relevant instrument may make provision about the matter by
applying a law of another jurisdiction, or an instrument, as in force only at a
particular time.
Note For information on the operation of s (3), see the examples to
s (9).
(4) For subsection (3), if—
(a) the relevant instrument makes provision about a matter by applying a
law of another jurisdiction or an instrument; but
(b) subsection (3) is not displaced and the law or instrument is not
applied as in force from time to time;
the relevant instrument is taken to have applied the law or instrument as
in force when the instrument is made.
Example
The Bushfire Compensation Determination 2002 (hypothetical) provides
for the making of claims against a compensation fund. Clause 43 provides that
disputes about claims under clause 42 must be decided in accordance with the
Commercial Arbitration Act 1984 (NSW). The determination is made on 1
February 2002. Neither the Act under which the determination is made nor the
determination indicates that the NSW Act is applied as in force at a particular
date or from time to time. Therefore, the NSW Act as in force on 1 February
2002 is applied by the determination.
(5) If a law of another jurisdiction or an instrument is applied as in
force at a particular time, the text of the law or instrument (as in force at
that time) is taken to be a notifiable instrument made under the relevant
instrument by the entity authorised or required to make the relevant
instrument.
(6) If subsection (3) is displaced and a law of another jurisdiction or an
instrument is applied as in force from time to time, the text of each of the
following is taken to be a notifiable instrument made under the relevant
instrument by the entity authorised or required to make the relevant
instrument:
(a) the law or instrument as in force at the time the relevant instrument
is made;
(b) each subsequent amendment of the law or instrument;
(c) if the law or instrument is repealed and remade (with or without
changes)—the law or instrument as remade and each subsequent amendment of
the law or instrument;
(d) if a provision of the law or instrument is omitted and remade (with or
without changes) in another law or instrument—the provision as remade and
each subsequent amendment of the provision.
(7) The authorising law or, if the relevant instrument is a subordinate
law or disallowable instrument, the relevant instrument, may provide
that—
(a) subsection (5) or (6) does not apply to the relevant instrument;
or
(b) subsection (5) or (6) applies with the modifications stated in the
authorising law or relevant instrument.
(8) If a provision of an Act, subordinate law or disallowable instrument
authorises or requires the application of a law or instrument, the provision
authorises the making of changes or modifications to the law or instrument for
that application.
(9) This section is a determinative provision.
Examples for s (3) and s
(9)
Here are 2 examples about the operation of subsections (3) and (9): the
first illustrates how subsection (3) might be displaced and the second
illustrates how a law of another jurisdiction that applies as in force from time
to time would operate—
1 The effect of subsections (3) and (9), and the definition of
applying in subsection (10), is that if it is intended to apply,
adopt or incorporate a law or instrument as in force from time to time, the
authorising law would need to expressly displace subsection (3) (as illustrated
in s 6, examples of different kinds of displacement, example 1) or
indicate a manifest contrary intention (as illustrated in example 2 in those
examples).
2 The ABC Regulations 2001 (made under a provision like those
illustrated in section 6, examples of different kinds of displacement, examples
1 and 2) provide that noise measurements are to be taken in accordance with the
NSW noise control manual as in force from time to time. The effect of the
ABC Regulations 2001 is that whenever the NSW noise control manual is
amended in future, the noise measurements must be taken in accordance with the
manual as last amended.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
(10) In this section:
ACT law means an Act, subordinate law or disallowable
instrument, and includes a provision of an Act, subordinate law or disallowable
instrument.
applying includes adopting or incorporating.
Note See also s 157 (Defined terms and other parts of speech and
grammatical forms).
disallowable instrument, for a Commonwealth
Act, means a disallowable instrument under the Acts Interpretation Act
1901 (Cwlth), section 46A.
instrument includes a provision of an instrument, but does
not include an ACT law or a law of another jurisdiction.
law of another jurisdiction means—
(a) a Commonwealth Act, or any regulations, rules, ordinance or
disallowable instrument under a Commonwealth Act; or
(b) a State Act, or any regulations or rules under a State Act;
or
(c) a New Zealand or Norfolk Island Act, or any regulations or rules under
a New Zealand or Norfolk Island Act; or
(d) a provision of a law mentioned in paragraphs (a) to (c).
11 Notification
of registrable instrumentsNew section 61
(8A), (8B) and (8C)
insert
(8A) Despite subsection (2), the parliamentary counsel may notify the
making of a registrable instrument even though a requirement prescribed under
the regulations for subsection (2) (a prescribed requirement) is
not complied with.
(8B) Failure to comply with a prescribed requirement in relation to a
registrable instrument does not affect the validity of the instrument’s
notification.
(8C) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
12 General
rules about commencementSection 73 (1) (a)
and (2) (a)
substitute
(a) on the day after its notification day; or
substitute
(b) the instrument commences on the day after its notification
day.
substitute
74 Time of commencement (IA s
10A)
(1) If an Act commences on a day, it commences at the beginning of the day
unless a different time of commencement is provided by the Act, another Act, or
a commencement notice providing for the commencement of the Act.
(2) If a statutory instrument commences on a day, it commences at the
beginning of the day unless a different time of commencement is provided by the
instrument, an Act, or a commencement notice providing for the commencement of
the instrument.
15 Commencement
of naming and commencement provisions on notification
daySection 75 (2)
substitute
(2) However, if any of the provisions of a law commence retrospectively,
the provisions providing for its name and commencement automatically commence
when the earlier or earliest of those provisions commence.
Example
The XYZ Act 2001 was notified on 1 September 2001. It contains the
following provision:
2 Commencement
(1) This Act, other than sections 9 and 10, commences on a day fixed by the
Minister.
(2) Section 9 is taken to have commenced on 1 July 2001.
(3) Section 10 is taken to have commenced on 1 August 2001.
The provisions of the XYZ Act 2001 providing for its name and
commencement are taken to have commenced on 1 July 2001.
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
16 Commencement
by commencement noticeSection 77
(2)
substitute
(2) A commencement notice for a law or notifiable instrument is valid even
if the day or time fixed or otherwise determined by the notice happens before
the notice’s notification day.
(3) If the day or time fixed or otherwise determined by a commencement
notice for a law or notifiable instrument happens on or before the
notice’s notification day, the law or instrument commences on the day
after the notice’s notification day.
(4) However, subsection (3) does not apply to the commencement notice
if—
(a) the notice clearly indicates that the law or statutory instrument is
to commence at an earlier date or time; and
(b) the notice provides for the earlier date or time under authority given
by an Act.
Example of par (a)
The commencement notice provides that the law or statutory instrument is
‘taken to have commenced’ at the earlier date or time.
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
85 When repeal takes effect (IA s
38)
(1) This section applies if a law is repealed on a day.
(2) If the law is remade on that day (with or without changes), the repeal
takes effect when the remade law commences.
Note Under s 74, if a law commences on a day, it commences at the
beginning of the day unless otherwise provided.
(3) If the law is not remade on that day (with or without changes), the
law continues in force until the end of the day and the repeal takes effect at
midnight on the day.
insert
121 Binding effect of Acts (IA s
7)
(1) An Act binds everyone, including all governments.
Note See the Self-Government Act, s 27 which provides that, except
as provided by the regulations under that Act, an ACT enactment does not bind
the Crown in right of the Commonwealth. See also s 120.
(2) However, an Act does not bind the Territory to the extent that it
requires or otherwise provides for the payment of money that, on payment, would
form part of the public money of the Territory.
(3) Also, subsection (1) does not make a government liable to be
prosecuted for an offence.
(4) To the extent that an Act does not bind a government, the same degree
of immunity extends to a government entity in relation to an authorised act or
omission of the entity.
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
(6) In this section:
authorised—an act or omission of a government entity is
authorised if—
(a) for an instrumentality—the act or omission relates to a matter
within the scope of the instrumentality’s functions; and
(b) for an officer or employee of the government—the act or omission
relates to a matter within the scope of the duties of the officer or employee;
and
(c) for a contractor who exercises a function on behalf of the
government—the act or omission relates to a matter within the scope of the
contract; and
(d) for anyone else who exercises a function on behalf of the
government—the act or omission relates to a matter within the scope of the
person’s engagement.
government entity includes—
(a) an instrumentality, officer or employee of the government;
and
(b) a contractor or anyone else who exercises a function on behalf of the
government.
government includes the Territory, the Commonwealth, a State,
another Territory or New Zealand.
insert
Chapter 14 Interpretation of Acts and
statutory instruments
Part 14.1 Purpose and
scope
137 Meaning of Act in ch
14
In this chapter:
Act includes a statutory instrument.
Note Section 7 (3) provides that a reference to an Act includes
a reference to a provision of an Act. Section 13 (3) provides that a reference
to a statutory instrument includes a reference to a provision of a statutory
instrument.
138 Purpose and scope of ch 14
(1) The purpose of this chapter is to provide guidance about the
interpretation of Acts.
(2) This chapter is not intended to be a comprehensive statement of the
law of interpretation applying to Acts.
(3) In particular, this chapter assumes that rules and presumptions of
common law operate in conjunction with this chapter to the extent that they are
not inconsistent with this chapter, or another provision of this Act.
(4) Subsection (3) also applies to rules and presumptions of common law
that come into existence after the commencement of this chapter.
Part 14.2 Key principles of
interpretation
139 Meaning of working out the meaning of an
Act
In this part:
working out the meaning of an Act means—
(a) resolving an ambiguous or obscure provision of the Act; or
(b) confirming or displacing the apparent meaning of the Act; or
(c) finding the meaning of the Act when its apparent meaning leads to a
result that is manifestly absurd or is unreasonable; or
(d) finding the meaning of the Act in any other case.
140 Interpretation best achieving Act’s
purpose (IA s 11A)
(1) In working out the meaning of an Act, the interpretation that would
best achieve the purpose of the Act is to be preferred to any other
interpretation.
(2) This section applies—
(a) whether or not the Act’s purpose is expressly stated in the Act;
and
(b) despite any presumption or rule of interpretation.
141 Legislative context
In working out the meaning of an Act, the provisions of the Act must be
read in the context of the Act as a whole.
Examples
1 The long title of an Act provides that it is an Act to give certain
benefits to the holders of pensioner cards. Section 4 of the Act provides,
‘This Act applies to a holder of a pensioner card’. Section 22 of
the Act provides that the commissioner may grant ‘a person’ an
exemption from payment of rates. The Act does not contain a definition of
‘person’. Section 22 must be read in the context of the Act as a
whole so that the commissioner may only grant exemptions to people who are
holders of pensioner cards.
2 The Drug Testing Regulations 2001 (made under the Drug Testing
Act 2000 (hypothetical)), regulation 6 contains the following
heading:
6 Corresponding law—Act, s 100, def of corresponding
law
The heading indicates that the regulation has been made for the definition
of corresponding law in the Drug Testing Act 2000,
section 100.
3 Regulation 12 (1) of a subordinate law refers to ‘an order
under the Crimes Act 1900, section 402’. No other kind of
order is mentioned in the regulation and the word ‘order’ is not
otherwise defined in the subordinate law. Subregulations (2), (4), (7) and (9)
of the same regulation, which merely refer to ‘the order’, are to be
understood as referring to the order mentioned in subregulation (1).
Note See s 126 and s 127 for material that is, or is not, part of an
Act or statutory instrument.
142 Non-legislative context (IA s
11B)
(1) In working out the meaning of an Act, any relevant material not
forming part of the Act may be considered.
Note 1 Examples 1 to 7 in this section are relevant to s
(1).
Note 2 See s 126 and s 127 for material that is, or is not, part of
an Act or statutory instrument.
(2) If an Act provides that stated material may be considered in working
out the meaning of the Act, this does not by implication prevent other relevant
material of the same or a similar kind being considered in working out the
meaning of the Act or another Act.
Note Example 8 is relevant to s (2).
Examples
1 The Registration of Deeds Act 1989 (hypothetical), section 8 is
based on a provision of a corresponding law of another jurisdiction but has been
revised to incorporate the effect of court decisions on the other provision.
The explanatory memorandum indicates that section 8 is intended to operate in
the same way as the other provision and to make explicit what is implicit in the
other provision. The explanatory memorandum may be considered to confirm the
apparent meaning of section 8.
2 The Legislation Act 2001, section 126 (1) does not apply to the
Hypothetical Act 1958 and therefore the headings to its sections do not
form part of the Act. However, the headings may be considered in working out
the meaning of the Act.
3 The Roads Act 1999 (hypothetical), section 11 uses the word
‘road’ without defining it. During her presentation speech the
Minister referred to misunderstandings on the part of some honourable members
about the provisions of the Bill and implied that ‘road’ was not
intended to apply to stock routes. The views expressed by the Minister may be
considered in working out the meaning of the word in section 11.
4 During debate on a Bill an amendment of clause 6 of the Bill was moved
but opposed by the government on the ground that it was unnecessary. The
amendment was defeated. In interpreting section 6 of the Act resulting from the
Bill, the views expressed by the Minister in opposing the amendment may be taken
into account in working out the intended operation of the Act.
5 The Health Act 1998 (hypothetical) was reviewed by a committee of
inquiry and most of its recommendations were implemented by amendments in an Act
passed in 2000. The amendments do not deal with a proposal that the committee
rejected at the inquiry and in his presentation speech the Minister accepted the
committee’s response to the proposal. A court interpreting the Health
Act 1998 may draw the inference that the Legislative Assembly intended that
the Act should operate consistently with the view expressed by the
committee.
6 The Financial Advisers Act 2001 (hypothetical), section 14
provides that a member of a profession may advertise using a notice of a
particular kind and size. The presentation speech for the Financial Advisers
Bill 2001 indicated that the professions intended to be covered were restricted
to professions subject to a particular statutory registration scheme. A court
may have regard to the presentation speech of the Minister even if it is of the
view that there is no ambiguity or obscurity in the word
‘profession’, and that the result flowing from the apparent meaning
is not manifestly absurd or unreasonable. Also, after considering the
presentation speech, the court may give the provision a meaning that it can bear
even though this may differ from the meaning of the provision apparent on its
face.
7 The Serious Offences (Forfeiture) Act 2002 (hypothetical) provides
for the automatic forfeiture of a person’s property to the Territory if
the person is convicted of a ‘serious offence’ (as defined).
Sections 20 and 50 of the Act each provide for an application to be made to a
court for various kinds of orders to provide relief against forfeiture.
Following her conviction of a serious offence, X is unsuccessful in an
application under section 20 of the Act. X then seeks relief under section 50.
The Act does not expressly prevent applications under both sections but its
language gives some support for the view that the remedies are intended to be
alternatives. Australia is a party to the Universal Declaration of Human
Rights (though the declaration is not mentioned in the Act). Because of the
drastic consequences of the application of the Act and its impact on property
rights, it may be appropriate for the court hearing the section 50 application
to have regard to the property rights recognised by the declaration and conclude
that the Act allows successive rights of relief against forfeiture.
8 The Computer Crime Act 2000 (hypothetical) contains the following
provision:
4 Report may be used as an aid to
interpretation
The Community Law Reform Report on Computer
Crime (CLRC No X) may be considered in working out the
meaning of this Act.
This does not, however, limit access to other extrinsic material for
working out the meaning of the Computer Crime Act 2000 (see s
(2)).
20 Part
15.1, new sections 151 and 152
insert
151 Reckoning of time (IA s 36)
(1) This section applies if a period is provided or allowed for a purpose
by an Act or statutory instrument.
(2) In working out whether the purpose has been fulfilled within the
period provided or allowed, the period is taken to begin at the start
point.
(3) For this section—
(a) if a period is to begin from a particular day—the start
point is the beginning of the next day; and
(b) if the period is to begin when an act or event happens—the
start point is the beginning of the day after the act or event
happens.
Examples
1 The ABC Act 1995 provides that a person who ceases to be an
inspector must return his or her identity card to the authority within 21 days
after ceasing to be an inspector. X is notified that his appointment as
inspector ends on Friday 1 November. The period of 21 days starts on Saturday 2
November.
2 The XYZ Act 2001 requires an application for review to be lodged
not later 28 days after service on the licensee of the decision objected to.
The period of 28 days begins with the day following the day of
service.
(4) If the last day of the period is not a working day, the last day of
the period is the first working day after the end of the period.
Example
The Hypothetical Act 2000 requires the board to give a copy of its
business plan to the Minister not later than 14 days after its preparation. The
14th day is Good Friday (a public holiday) and the following Monday is also a
public holiday. Under section 151 (4) of this Act, the last day to give a copy
of the business plan is the Tuesday following Easter (the first working day
after the 14th day).
152 Continuing effect of obligations (IA s 33B
(1))
If, under a provision of an Act or statutory instrument, an act is required
to be done within a particular period or before a particular time, the
obligation to do the act continues each day after the end of the period or time
until the act is done.
insert
Part 15.4 Preservation of certain common law
privileges
170 Privileges against selfincrimination and exposure
to civil penalty
(1) An Act or statutory instrument must be interpreted to preserve the
common law privileges against selfincrimination and exposure to the imposition
of a civil penalty.
(2) However, this section does not affect the operation of the Evidence
Act 1995 (Cwlth).
Note The Evidence Act 1995 (Cwlth), s 128 contains provisions
that apply if a witness raises these privileges in a proceeding. The section
applies to proceedings in ACT courts (see Evidence Act 1995 (Cwlth), s
4). However, the privileges have been abolished for bodies corporate (see
Evidence Act 1995 (Cwlth), s 187).
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
171 Client legal privilege
(1) An Act or statutory instrument must be interpreted to preserve the
common law privilege in relation to client legal privilege (also known as legal
professional privilege).
(2) However, this section does not affect the operation of the Evidence
Act 1995 (Cwlth).
Note The Evidence Act 1995 (Cwlth), pt 3.10, div 1 contains
provisions about client legal privilege. The provisions apply to proceedings in
ACT courts (see Evidence Act 1995 (Cwlth), s 4).
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
Note Current Legislation Act 2001, ch 18 is renumbered as ch
19 by this Act.
insert
Chapter 18 Offences
Note See also s 133 to s 135 (which relate to penalty units and
penalty provisions) and s 161 (Corporations liable to offences).
188 Meaning of Territory law in ch
18
In this chapter:
Territory law means an Act or subordinate law, and includes a
provision of a Territory law.
189 Reference to offence includes reference to
related ancillary offences
A reference to an offence against a Territory law includes a reference to
an offence against the Crimes Act 1900, part 9 that relates to the
Territory law.
Example
X is the holder of a licence under the Plant Development Act 2001
(hypothetical). Section 23 of the Act provides for the cancellation of a
licence if a licence holder commits an offence against the Act. While his
business premises are being inspected, X incites an employee to obstruct the
inspector. As a result, the employee obstructs the inspector (which is an
offence against the Act). X is later convicted of incitement against the
Crimes Act 1900, section 183 (which is an offence in the Crimes Act, part
9). Because of the Legislation Act, section 189, X is taken to have committed
an offence against the Plant Development Act and is therefore liable to have his
licence cancelled.
Note The result would be the same if X had been convicted of any of
the following offences in the Crimes Act, part 9 that related to the offence of
obstruction in the Plant Development Act:
• accessory after the fact (s 181)
• conspiracy (s 184).
Apart from the Legislation Act, section 189, the other offences in
the Crimes Act, part 9 could also apply to the offence in the Plant Development
Act. These are:
• aiding and abetting (s 180)
• attempts (s 182).
190 Indictable and summary offences (IA s 33D and
33E)
(1) An offence is an indictable offence if—
(a) it is punishable by imprisonment for longer than 1 year; or
(b) it is declared by a law to be an indictable offence.
(2) Any other offence is a summary offence and is punishable
on summary conviction.
191 Offences against 2 or more laws (IA s
33F)
(1) If an act or omission by a person is an offence against 2 or more
Territory laws, the person may be prosecuted and convicted for any of the
offences, but is not liable to be punished more than once for the act or
omission.
(2) If—
(a) an act or omission by a person is an offence against both a Territory
law and a law of another jurisdiction; and
(b) the person has been punished for the offence against the law of the
other jurisdiction;
the person is not liable to be punished for the offence against the
Territory law.
(3) In this section:
law of another jurisdiction means a law of the Commonwealth,
a State, another Territory or New Zealand.
192 When must prosecutions begin? (IA s
33H)
(1) A prosecution for any of the following offences against a Territory
law may be begun at any time:
(a) an offence by an individual punishable by imprisonment, on a first
conviction, for longer than 6 months;
(b) an offence by a corporation punishable, on a first conviction, by a
fine of more than 150 penalty units;
(c) an aiding and abetting offence by an individual in relation to an
offence by a corporation punishable, on a first conviction, by a fine of more
than 150 penalty units;
(d) an offence against the Crimes Act 1900, section 90 (Minor
theft).
(2) A prosecution for any other offence against a Territory law may be
begun only within—
(a) 1 year after the day of commission of the offence; or
(b) if a Territory law provides for another period—that
period.
(3) However, if a coroner’s inquest or inquiry, or an inquiry under
the Inquiries Act 1991 or the Royal Commissions Act 1991, is held
into a matter that relates to an offence mentioned in subsection (2), a
prosecution for the offence may be begun within 1 year after the day
when—
(a) the coroner’s report is made; or
(b) the report of the board of inquiry or royal commission is given to the
Chief Minister.
(4) In this section:
aiding and abetting offence means—
(a) an offence arising under the Crimes Act 1900, section 180
(Aiding and abetting); or
(b) another offence against a Territory law dealing with aiding and
abetting.
193 Continuing offences (IA s 33B
(2))
(1) This section applies to a requirement to do an act if—
(a) the act is required to be done under a law within a particular period
or before a particular time; and
(b) failure to comply with the requirement is an offence against the
law.
(2) A person who fails to comply with the requirement commits an offence
for each day until the act is done.
(3) A day mentioned in subsection (2) includes any day of conviction for
an offence and any later day.
Note See also s 152 (Continuing effect of obligations).
23 Chapters
18, 19 and 20
renumber as follows:
• chapters 18, 19 and 20 as chapters 19, 20 and 21
• parts 18.1 to 18.6 as parts 19.1 to 19.6
• divisions 18.3.1 and 18.3.2 as divisions 19.3.1 and
19.3.2
substitute
206 Appointments must be in writing etc (IA s 28
(7))
(1) An appointment must be made, or evidenced, by writing (the
instrument of appointment) signed by the appointer.
(2) If a law provides for a maximum or minimum period of appointment, the
instrument of appointment must state the period for which the appointment is
made.
Examples of stated appointment
periods
1 2 years
2 until age 65
substitute
216 Acting appointments must be in writing etc
(IA s 28 (7))
(1) An acting appointment must be made, or evidenced, by writing (the
instrument of appointment) signed by the appointer.
(2) If a law provides for a maximum or minimum period of appointment, the
instrument of appointment must state the period for which the acting appointment
is made.
Examples of stated appointment
periods
1 1 year
2 until 31 December 2002 (a period of 9 months)
Note See also s 219 (Appointer may decide terms of acting
appointment etc) and s 221 (How long does an acting appointment
operate?)
insert
Division 19.3.3 Appointments—Assembly
consultation
226 Meaning of statutory position in div
19.3.3(SAA s 3)
In this division:
statutory position means a position (including as a member of
a Territory authority) established under an Act.
Note Position includes office (see dict, pt 1, def of
position).
227 Application of div 19.3.3 (SAA s 4 (1), s
6)
(1) This division applies if a Minister has the power under an Act to
appoint a person to a statutory position.
(2) However, this division does not apply to an appointment
of—
(a) a public servant to a statutory position (whether or not the Act under
which the appointment is made requires that the appointee be a public servant);
or
(b) a person to act in a statutory position for not longer than
6 months, unless the appointment is of the person to act in the position
for a 2nd or subsequent consecutive period; or
(c) a person to a statutory position if the only function of the position
is to advise the Minister.
228 Consultation with appropriate Assembly committee
(SAA s 4 (1))
(1) Before making an appointment to a statutory position, a Minister must
consult—
(a) a standing committee of the Legislative Assembly nominated by the
Speaker for the purpose; or
(b) if no nomination under paragraph (a) is in force—the standing
committee of the Legislative Assembly responsible for the scrutiny of public
accounts.
(2) The committee may make a recommendation to the Minister about the
proposed appointment.
(3) The Minister must not make the appointment until the Minister has
received a recommendation or 30 days have passed since the consultation took
place, whichever happens first.
(4) In making the appointment, the Minister must have regard to any
recommendation received.
229 Disallowable instrument (SAA s
5)
The instrument making, or evidencing, an appointment to which this division
applies is a disallowable instrument.
Note A disallowable instrument must be notified and presented to the
Legislative Assembly (see ch 7 (Presentation, amendment and disallowance of
subordinate laws and disallowable instruments)).
substitute
Part 19.7 Other matters
insert
Part 19.6 Functions of Executive and
Ministers
253 Exercise of functions of Executive (AA s
3A)
(1) A function given to the Executive under an Act may be exercised by any
2 Ministers acting in concert.
Example
If an Act requires or authorises the Executive to make an instrument, it
only has to be made by 2 Ministers signing the instrument.
(2) The exercise of a function under subsection (1) is taken to be the
exercise of the function by the Executive.
254 Administration of matters not allocated (AA s
4)
If a matter relating to the Executive’s functions is not allocated
under the Self-Government Act, section 43 (1), the Chief Minister administers
the matter.
254A Delegation by Minister (AA s
5)
A Minister may delegate the Minister’s functions under an Act or
statutory instrument to anyone else.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act 2001, pt 19.4.
29 Consequential
amendments—sch 2
Schedule 2 amends the Acts mentioned in it.
(1) The following Acts are repealed:
• Administration Act 1989 No 41
• Interpretation Act 1967 No 48
• Statutory Appointments Act 1994 No 32
(2) Each Act mentioned in subsection (1) is declared to be a law to which
the Legislation Act 2001, section 88 (Repeal does not end transitional or
validating effect etc) applies.
Schedule
1 Minor and consequential amendments
of Legislation Act 2001
(see s 3)
[1.1] Section
4 (2), note, dot points
substitute
• AA: Administration Act 1989
• EA: Evidence Act 1971
• IA: Interpretation Act 1967
• LRA: Legislation (Republication) Act 1996
• SAA: Statutory Appointments Act 1994
• SLA: Subordinate Laws Act 1984.
omit
However, the
substitute
The
renumber subsections when Act next republished under Legislation Act
2001
[1.4] Section
24 (3) (b) and (c)
omit
to be authorised by the parliamentary counsel
substitute
to be authorised
insert
(9) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
41 Making of statutory instruments by
Executive
A statutory instrument made by the Executive is taken to be made when it is
signed by the second Minister who is a member of the Executive.
Note See also s 253, which permits the 2 Ministers to make the
statutory instrument.
insert
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
insert
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
, except so far as the authorising law otherwise expressly
provides
[1.10] New
section 44 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.11] New
section 48 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.12] New
section 49 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
If
substitute
(1) If
[1.14] New
section 50 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.15] New
section 52 (2A)
insert
(2A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
omit
If
substitute
(1) If
[1.18] New
section 53 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.19] New
section 54 (3)
insert
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.20] Section
56 (4) (c)
omit
a combination
substitute
by a combination
[1.21] New
section 56 (6)
insert
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.22] New
section 57 (5)
insert
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.23] New
section 58 (7A)
insert
(7A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
after
regulations
insert
(whether in relation to the form of the instrument, in relation to the
making of the request or otherwise)
renumber subsections when Act next republished under Legislation Act
2001
omit
A registrable
substitute
(1) A registrable
[1.28] New
section 62 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.29] Section
64 heading
substitute
64 Presentation of subordinate laws and disallowable
instruments
[1.30] New
section 64 (3)
insert
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.31] New
section 65 (5)
insert
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.32] New
section 65A (7)
insert
(7) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.33] New
section 66 (3)
insert
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.34] New
section 67 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.35] New
section 68 (8)
insert
(8) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.36] New
section 69 (7)
insert
(7) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.37] New
section 70 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.38] New
section 71 (3)
insert
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.39] Section
73 (5) (d)
insert
(d) section 81 (Exercise of powers between notification and
commencement).
[1.40] New
section 73 (6)
insert
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.41] New
section 76 (2A)
insert
(2A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
after
law
insert
or notifiable instrument
substitute
78 Separate commencement of
amendments
(1) Amendments made by a provision of a law may be given separate
commencements, whether or not the provision is self-contained.
Examples
1 A provision of an amending law inserts 2 sections. The sections may be
given separate commencements.
2 A provision of an amending law inserts a section that is divided into
paragraphs. The paragraphs may be given separate commencements.
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.46] Section
81 (1) (a) and (b)
substitute
(a) the power is given by a law (the authorising law) that
has been notified but has not commenced;
(b) the power is given by a law (the authorising law) as
amended by another law (the amending law) and the laws have been
notified, but all or any of them have not commenced.
[1.47] Section
81 (4) (a)
substitute
(a) for an appointment or statutory instrument that is a registrable
instrument—the day after its notification day; or
[1.48] New
section 81 (6)
insert
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
If
substitute
(1) If
[1.50] New
section 83 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.51] New
section 84 (4A)
insert
(4A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
substitute
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.54] New
section 86 (3A)
insert
(3A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
[1.56] New
section 87 (4)
insert
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.57] New
section 88 (6)
insert
(6) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.58] New
section 89 (7A)
insert
(7A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.59] Section
89 (8), definition of appropriation Act
substitute
appropriation Act—see the Financial Management Act
1996, dictionary.
[1.60] Section
89, example 1, last dot point
substitute
• a provision requiring an amended Act (the XYZ Act 1990), or
a provision of the XYZ Act 1990, to be renumbered in the next
republication of the Act under this Act.
renumber subsections when Act next republished under Legislation Act
2001
[1.62] Section
91 (9) (e)
omit
ACT
[1.63] New
section 91 (9A)
insert
(9A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.64] Section
91 (9), examples 4 and 5
substitute
4 If a section numbered ‘7A’ is to be inserted, by an amending
section headed ‘division 2.2, new section 7A’, into an amended law
with an existing sequence ‘section 7 [in division 2.2]—division 2.3
[heading]—section 8’, inserted section 7A is inserted between
section 7 and the heading to division 2.3 (that is, at the end of division
2.2).
5 If a section numbered ‘7A’ is to be inserted, by an amending
section headed ‘division 2.3, new section 7A’, into an amended law
with an existing sequence ‘section 7 [in division 2.2]—division 2.3
[heading]—section 8’, inserted section 7A is inserted between the
heading to division 2.3 and section 8 (that is, at the beginning of division
2.3).
renumber subsections when Act next republished under Legislation Act
2001
omit
If
substitute
(1) If
omit
unless the law otherwise expressly provides
[1.68] Section
92, new example
insert
Example
The XYZ Amendment Act 2002 is expressed to omit the word
‘authorised’ from the ABC Act 1998, section 20. The word
‘authorised’ is used once in the heading to section 20, 3 times in
subsection (1) of section 20 and twice in subsection (3) of section 20. The
amendment omits each of those references to the word
‘authorised’.
[1.69] New
section 92 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.70] New
section 93 (11)
insert
(11) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.71] New
section 94 (2A)
insert
(2A) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber subsections when Act next republished under Legislation Act
2001
omit
If
substitute
(1) If
[1.74] New
section 95 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.75] New
section 96 (5)
insert
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.76] Section
98 (1), example
substitute
Example
A former NSW Act may be referred to by using the name of the NSW Act to
which it corresponds eg ‘Truck Act 1900’. In other words, it
is not necessary to add words indicating that it is a former NSW Act.
omit
renumber as section 102 (3)
omit
(1) In
substitute
In
omit
[1.81] New
section 120 (5)
insert
(5) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
, except so far as the contrary intention appears
[1.83] New
section 126 (8)
insert
(8) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.84] New
section 127 (7)
insert
(7) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.87] New
section 134 (8)
insert
(8) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.88] New
section 135 (7)
insert
(7) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
[1.90] Chapter
15, note to chapter heading
omit
omit
, except so far as the contrary intention appears
[1.92] Section
146 (3), (4) and (5)
substitute
(3) This section is a determinative provision so far as it applies
to an applicable law or an applicable provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
renumber as section 146 (4)
[1.94] New
section 147 (8)
insert
(8) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
Except so far as the contrary intention appears, words
substitute
Words
omit
, except so far as the contrary intention appears
omit
, except so far as the contrary intention appears
omit
A definition
substitute
(1) A definition
[1.99] New
section 155 (2)
insert
(2) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
157 Defined terms—other parts of speech and
grammatical forms (IA s 11E)
If an Act or statutory instrument defines a word or expression, other parts
of speech and grammatical forms of the word or expression have corresponding
meanings.
Example
The Publication (Grants) Act 2001 contains a definition of
publish and also contains other forms of the same word
(‘published’, ‘publisher’, ‘publishes’,
‘publishing’ and ‘publication’). Because of this
section, all forms of the word will have the same meaning except so far as the
Act otherwise expressly provides or a contrary intention appears (see s 6
(2)).
omit
, except so far as the contrary intention appears
[1.102] New
section 160 (3)
insert
(3) Subsection (2) does not limit the operation of section 6.
Note Section 6 deals with the displacement of a provision of this
Act.
omit
, except so far as the contrary intention appears
omit
, except so far as the contrary intention appears
substitute
(3) The jurisdiction so vested is not limited by any limits to which any
other jurisdiction of the court or tribunal may be subject.
Note See also s 45 which relates to the making of rules carrying out
or giving effect to the court’s jurisdiction.
substitute
If an amount is owing under a law to a person (the creditor)
by another person (the debtor), the creditor may recover the
amount as a debt owing by the debtor to the creditor in a court of competent
jurisdiction.
omit
(1) A court
substitute
A court
omit
substitute
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
renumber as section 182
omit
[1.113] Sections
187 to 191
renumber as sections 183 to 187
omit
(1) If
substitute
If
omit
[1.116] Section
199 (3), new example
insert
Example
The ACT Conference Organisers Registration Board is a statutory body
consisting of 5 members. At a meeting of the board it is agreed to exempt a
conference organiser from registration on certain conditions. On the day after
the meeting, 1 of the members of the board (X) resigns and another person (Y) is
appointed to the board in X’s place. At the next meeting of the board,
the board considers additional information submitted by the conference organiser
and agrees to amend the conditions of exemption. Because of subsection (3), the
board’s ability to use its power of exemption is not affected by a change
in the membership of the board.
[1.117] New
section 199 (4A)
insert
(4A) Subsections (3) and (4) do not affect any quorum requirement applying
to the body.
Example
The Act establishing the board mentioned in the example to subsection (3)
provides that the quorum for a meeting of the board is the chairperson or deputy
chairperson and 2 other members. If the quorum requirement was complied with at
each meeting mentioned in the example, the result mentioned in the example would
be the same whether or not X attended the first meeting and whether or not Y
attended the second meeting.
renumber subsections when Act next republished under Legislation Act
2001
[1.119] Division
18.3.1, new note
insert
Note for div 18.3.1
Certain statutory appointments made by a Minister require consultation with
a Legislative Assembly committee and are disallowable (see div 19.3.3
(Appointments—Assembly consultation)).
omit
(1) This
substitute
This
omit
omit
(1) This
substitute
This
omit
[1.124] Section
219 (1), new example
insert
Example for par (b)
A appoints X to act in a position for 10 months. Two months after X begins
to act, A ends the appointment.
[1.125] Section
221 (2), new example
insert
Example for s (2)
A appoints X to act in Y’s position for a year while Y is on
secondment in another agency. Three months after X begins to act, Y is
permanently transferred to the other agency. One month later, Z is appointed to
the position in which X is acting. The appointment of Z brings X’s acting
appointment to an end.
omit
substitute
(2) However, if a law authorises or requires an entity to delegate a
function, the function may not be subdelegated by the delegate.
Note Section 231 (2) envisages a law that would allow the appointer
(Y) to delegate Y’s functions to X with authority for X to further
delegate those functions (see, for example, Public Sector Management Act
1994, s 36). However, X’s authority to subdelegate those functions
would not in itself give X the authority to delegate Y’s power of
delegation. X could only exercise this power if the law also gave this
authority. Compare s 236 which deals with the subdelegation of a power to
delegate.
(3) Subsection (2) is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
substitute
(2) A power to delegate may not be delegated by the appointer.
Note Section 236 (2) envisages a law that would allow the delegate
(X) to exercise the power of delegation of the appointer (Y). However,
X’s authority to exercise Y’s power of delegation would not in
itself give X the authority to exercise any of the functions to which Y’s
power of delegation applies. X could only exercise these functions if the law
also gave this authority or Y delegated those functions to X. Compare s 231
which deals with the subdelegation of a delegated function.
(3) Subsection (2) is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
omit
adduced
substitute
given
[1.130] Section
251 (2) (b)
omit
provide
[1.131] Section
255 (1), new note
insert
Note See also s 46 (3) which deals with the repeal and replacement
of forms and prevents their amendment.
substitute
(9) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
[1.133] Sections
260 and 261
substitute
300 Delegation by parliamentary
counsel
(1) The parliamentary counsel may delegate the parliamentary
counsel’s functions under this Act to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act 2001, pt 19.4.
(2) However, the parliamentary counsel may only delegate a function under
part 11.3 (Editorial changes) to:
(a) a person performing the duties of deputy parliamentary counsel in the
public service; or
(b) a public servant prescribed under the regulations.
301 References to Administration Act 1989
etc
(1) In any Act, statutory instrument or document, a reference to the
Administration Act 1989, the Interpretation Act 1967, the
Legislation (Republication) Act 1996 or the Subordinate
Laws Act 1989 is, in relation to anything dealt with in this Act, a
reference to this Act.
(2) In any Act, statutory instrument or document, a reference to a
particular provision of the Administration Act 1989, the
Interpretation Act 1967, the Legislation (Republication) Act 1996
or the Subordinate Laws Act 1989 is, in relation to anything dealt with
in this Act, a reference to the corresponding provision of this Act.
[1.134] Sections
262 and 263
renumber as sections 302 and 303 when Act next republished under
Legislation Act 2001
[1.135] Section
264 heading
substitute
264 Application of s 47 (3) to
(6)
omit
a particular time or from time to time, section 47 (2) and (3)
substitute
at a particular time or from time to time, section 47 (3) to (6)
[1.137] Sections
264 to 274
renumber beginning at section 304 when Act next republished under
Legislation Act 2001
omit
or the Statute Law Amendment Act 2001 (No 2), schedule 2
substitute
, the Statute Law Amendment Act 2001 (No 2), schedule 2 or the
Legislation Amendment Act 2002
[1.139] Section
267 (2) (b)
omit
part 2.1
substitute
part 2.1; or
[1.140] New
section 267 (2) (c)
insert
(c) the provisions of the Administration Act 1989, the
Interpretation Act 1967, and the Statutory Appointments Act 1994,
in force immediately before the commencement of the Legislation Amendment Act
2002.
substitute
(5) This section expires 1 year after the commencement of the
Legislation Amendment Act 2002.
substitute
(2) This section expires 1 year after the commencement of the
Legislation Amendment Act 2002.
[1.143] Dictionary,
part 1, new definitions
insert
by-laws, in relation to an Act, means by-laws made or in
force under the Act.
environment protection authority means the Environment
Protection Authority under the Environment Protection Act 1997.
for, in relation to an Act or statutory instrument, includes
for the purposes of the Act or statutory instrument.
Note Under s 7 (3) and s 10 (2) a reference to an Act or statutory
instrument includes a reference to a provision of an Act or statutory
instrument.
[1.144] Dictionary,
part 1, definitions of former NSW Act and former UK
Act
substitute
former NSW Act means an Act corresponding to a NSW Act
mentioned in schedule 1.
Note 1 The Crimes Act 1900 is taken to have been enacted by
the Legislative Assembly because of the Crimes Legislation (Status and
Citation) Act 1992. The 1992 Act was repealed by the Law Reform
(Miscellaneous Provisions) Act 1999, but its previous operation was saved
(see s 5 (2)).
Note 2 The other former NSW Acts are taken to have been enacted by
the Legislative Assembly because of the Interpretation Act 1967, s 65.
Section 65 has expired, but its previous operation was saved (see
s 65 (3)).
former UK Act means an Act corresponding to a UK Act
mentioned in schedule 1.
Note Former UK Acts are also taken to have been enacted by the
Legislative Assembly because of the Interpretation Act 1967, s
65.
[1.145] Dictionary,
part 1, definition of indictable offence
substitute
indictable offence—see section 190 (1).
[1.146] Dictionary,
part 1, definition of judge
omit
, of the Supreme Court,
[1.147] Dictionary,
part 1, new definition of national capital
authority
insert
national capital authority means the National Capital
Authority under the Australian Capital Territory (Planning and Land
Management) Act 1988 (Cwlth).
[1.148] Dictionary,
part 1, definition of repeal, paragraphs (d) and
(e)
renumber as paragraphs (e) and (f)
[1.149] Dictionary,
part 1, definition of repeal, new paragraph
(d)
insert
(d) for a statutory instrument—revoke the instrument (or part of
it); and
[1.150] Dictionary,
part 1, definition of rules
substitute
rules means—
(a) of a court or tribunal—rules made by the person or body having
power to make rules (however described) regulating the practice and procedure of
the court or tribunal; and
(b) in relation to an Act—rules made or in force under the
Act.
[1.151] Dictionary,
part 1, definition of statutory office- holder
substitute
statutory office-holder means a person occupying a position
under an Act or statutory instrument (other than a position in the public
service).
[1.152] Dictionary,
part 1, definition of summary offence
substitute
summary offence—see section 190 (2).
[1.153] Dictionary,
part 1, new definition of working day
insert
working day means a day that is not a Saturday, Sunday or
public holiday.
[1.154] Dictionary,
part 2, new definition of determinative
provision
insert
determinative provision—see section 5 (2).
[1.155] Dictionary,
part 2, definition of law, paragraph (a)
omit
[1.156] Dictionary,
part 2, definition of law, paragraphs (b) to (h)
renumber as paragraphs (a) and (g)
[1.157] Dictionary,
part 2, new definition of
non-determinative
provision
insert
non-determinative provision—see section 5
(3).
Schedule
2 Consequential
amendments
(see s 29)
Part
2.1 Associations Incorporation
Regulations 1991
[1.1] Schedule
1, rule 1 heading
substitute
1 Definitions for model rules
[1.2] Schedule
1, rule 1 (1)
omit
(1)
[2.158] Schedule
1, rule 1 (2) and (3)
substitute
1A Application of Legislation Act
2001
The Legislation Act 2001 applies to these rules in the same way as
it would if they were an instrument made under the Act.
Part
2.2 Auditor-General Act
1996
[2.159] Schedule
1, new clause 7
insert
7 Application of Legislation Act, div
19.3.3
The Legislation Act 2001, division 19.3.3
(Appointments—Assembly consultation) applies to the appointment of a
person to be auditor-general, or to act as auditor-general, as if the power to
make the appointment were vested in a Minister, and in that application a
reference in the division to a Minister is taken to be a reference to the
Executive.
[2.160] Section
3 (1), definition of domestic violence offence, paragraph
(c)
omit
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Protection Orders (Consequential Amendments)
Act 2001, whichever is the later)
[2.161] Section
3 (1), definition of domestic violence offence
renumber paragraphs when Act next republished under Legislation Act
2001
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Protection Orders (Consequential Amendments)
Act 2001, whichever is the later)
Part
2.4 Building Act
1972
substitute
(2) Subsection (1) has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
(3) This section expires on 1 July 2004.
[2.163] Section
63B (1), new notes
insert
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act 2001, s 104).
Note 2 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
omit
Part
2.5 Casino Control Act
1988
omit
[2.166] Section
100 (1) (b), new note
insert
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Part
2.6 Children and Young People Act
1999
[2.167] Section
192 (3) (d), new note
insert
Note The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.7 Classification (Publications,
Films and Computer Games) (Enforcement) Act 1995
[2.169] Section
54A, definition of offence
omit
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Classification (Publications, Films and
Computer Games) (Enforcement) Amendment Act 2001, schedule 1, amendment
1.12, whichever is the later)
Part
2.8 Clinical Waste Act
1990
[2.170] Section
2, new definition of offence against
this Act
insert
offence against this Act includes an offence against this Act
that there are reasonable grounds for believing has been, or will be,
committed.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
omit
Part
2.9 Competition Policy Reform Act
1996
omit
Interpretation Act 1967
substitute
Legislation Act 2001
Part
2.10 Consumer Credit (Administration)
Act 1996
[2.173] Section
121 (4), new note
insert
Note The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.11 Coroners Act
1997
substitute
102 Annual report of court
(1) The Chief Coroner must give a report relating to the activities
of the court during each financial year to the Attorney-General for presentation
to the Legislative Assembly.
(2) The report must include particulars of—
(a) reports prepared by coroners into deaths in custody and findings
contained in those reports; and
(b) notices given under section 14 (3); and
(c) recommendations made under section 57 (3); and
(d) responses of agencies under section 76, including correspondence about
the responses.
(3) The Chief Coroner must give the report to the Attorney-General as soon
as practicable after the end of the financial year and, in any event, within 6
months after the end of the financial year.
(4) If the Chief Coroner is of the opinion that it will not be reasonably
practicable to comply with subsection (3), the Chief Coroner may within that
period apply, in writing, to the Attorney-General for an extension of the
period.
(5) The application must include a statement of reasons for the
extension.
(6) The Attorney-General may give the extension (if any) the
Attorney-General considers reasonable in the circumstances.
(7) If the Attorney-General gives an extension, the Attorney-General must
present to the Legislative Assembly, within 3 sitting days after the day the
extension is given—
(a) a copy of the application given to the Attorney-General under
subsection (4); and
(b) a statement by the Attorney-General stating the extension given and
the Attorney-General’s reasons for giving the extension.
(8) The Attorney-General must present a copy of a report under this
section to the Legislative Assembly within 15 sitting days after the day the
Attorney-General receives the report.
(9) If the Chief Magistrate fails to give a report to the Attorney-General
in accordance with this section, the Chief Magistrate must give the
Attorney-General a written statement explaining why the report was not given to
the Attorney-General.
(10) The statement must be given to the Attorney-General within 14 days
after the end of the period within which the report was required to be given to
the Attorney-General.
(11) The Attorney-General must present a copy of the statement to the
Legislative Assembly within 3 sitting days after the day the Attorney-General
receives the statement.
Part
2.12 Crimes Act
1900
[2.176] Part
10, new note
after part heading, insert
Note for pt 10
The Legislation Act 2001, s 171 deals with the application of client
legal privilege.
[2.177] Section
185, definition of summary offence
omit
omit
substitute
336 How Magistrates Court may be
informed
For this division, the Magistrates Court may inform itself as it considers
appropriate.
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
[2.180] Part
22, new sections 434A and 434B
insert
434A Application of certain sections of Commonwealth
Crimes Act to Territory laws
The provisions of the Crimes Act 1914 (Cwlth), sections 13, 15, 17,
19A, 21B and 21C, so far as they are applicable, apply in relation to all
Territory laws as if a Territory law were a law of the Commonwealth.
434B Joinder of charges
(1) Charges against the same person for any number of offences against the
same provision of a Territory law may be joined in the same information or
summons if the charges are founded on the same facts or form, or are part of, a
series of offences of the same or a similar character.
(2) If a person is convicted of 2 or more offences mentioned in subsection
(1), and the offences relate to doing or failing to do the same act, the court
may impose 1 penalty in relation to both or all the offences, but the penalty
must not exceed the total of the maximum penalties that could be imposed if a
separate penalty were imposed in relation to each offence.
insert
Part 23 Transitional
445 Operation and meaning of s
434A
(1) Section 434A (Application of certain sections of Commonwealth Crimes
Act to Territory laws) has the same meaning and operation as if its
provisions—
(a) had formed part of the Interpretation Act 1967, section 33G;
and
(b) had been relocated from that Act to this Act immediately before the
commencement of this section.
(2) This section expires 6 months after it commences.
Note Under the Legislation Act 2001, s 96 the relocation of a
provision does not affect its operation or meaning.
Part
2.13 Crimes (Forensic Procedures) Act
2000
[2.182] Dictionary,
note 2, new dot point
insert
• summary offence
[2.183] Dictionary,
definition of summary offence
omit
Part
2.14 Criminal Code
2001
[2.184] Schedule
1, part 1
omit
Part
2.15 Debits Tax Act
1997
substitute
(1) The Legislation Act 2001, section 121 (2) does not apply to
this Act.
Note Section 121 (2) provides that an Act does not bind the
Territory to the extent that it requires or otherwise provides for the payment
of money that, on payment, would form part of the public money of the
Territory.
Part
2.16 Discrimination Act
1991
omit
(1) A person
substitute
A person
[2.187] Section
108E (1) (d) and (e)
substitute
(d) any other offence in relation to the falsity of the information,
document or answer.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
omit
Part
2.17 Electoral Act
1992
renumber as section 105 (11)
substitute
(9) If the time by which a nomination under subsection (3) is to be made
falls on a public holiday, the nomination must be made no later than that time
on the public holiday.
(10) Subsection (9) has effect despite the Legislation Act 2001,
section 151 (4) (Reckoning of time).
substitute
(4) If the hour mentioned in subsection (3) falls on a public holiday,
anything that under this Act is to be done by the hour of nomination must be
done by that time on the public holiday.
(5) Subsection (4) has effect despite the Legislation Act 2001,
section 151 (4) (Reckoning of time).
Part
2.18 Electricity Safety Act
1971
[2.192] Section
112 (3) (b) and (c)
substitute
(b) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.19 Environment Protection Act
1997
substitute
10 Criminal liability of government
entities
(1) Except as expressly provided by this Act, a government entity is not
immune from criminal liability under this Act in relation to an authorised act
or omission of the entity.
(2) Subsection (1) does not apply in relation to a prosecution
for—
(a) an offence against any of the following provisions:
• section 45 (Compliance with an authorisation)
• section 137 (3) (which is about polluting the environment causing
serious environmental harm)
• section 138 (3) (which is about polluting the environment causing
material environmental harm)
• section 139 (3) (which is about polluting the environment causing
environmental harm)
• section 141 (Causing an environmental nuisance)
• section 142 (Placing a pollutant where it could cause harm);
or
(b) a minor environmental offence within the meaning of
division 13.1.
(3) This section has effect despite the Legislation Act 2001,
section 121 (4).
Note Section 121 (4) extends the effect of the immunity that a
government has from an Act to government entities.
(4) A word or expression defined in the Legislation Act 2001,
section 121 has the same meaning in this section.
Part
2.20 Fair Trading (Consumer Affairs)
Act 1973
[2.195] Section
12I (3) (b) and (c)
substitute
(b) any other offence in relation to the falsity or misleading nature of
the information or document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Fair Trading Legislation Amendment Act
2001, section 17, whichever is the later)
omit
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Fair Trading Legislation Amendment Act
2001, section 17, whichever is the later)
Part
2.21 First Home Owner Grant Act
2000
[2.197] Section
43 (2), new note
insert
Note The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.22 Fisheries Act
2000
after part heading, insert
Note for pt 7
The Legislation Act 2001, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
omit
Part
2.23 Forfeiture and Validation of
Leases Act 1905
substitute
5A Pt 3 does not bind Territory
(1) This part does not bind the Territory.
(2) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
Part
2.24 Gas Safety Act
2000
[2.202] Section
58 (3) (b) and (c)
substitute
(b) any other offence relating to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.25 Guardianship and Management of
Property Act 1991
[2.204] Section
50 (2) (d) and (e)
substitute
(d) any other offence in relation to the falsity of the answer, document
or information.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Part
2.26 Health Records (Privacy and
Access) Act 1997
after part heading, insert
Note for pt 6
The Legislation Act 2001, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
omit
Part
2.27 Imperial Acts (Repeal) Act
1988
substitute
An Act about the interpretation of former UK Acts
substitute
1 Name of Act
This Act is the Former UK Acts (Interpretation) Act 1988.
substitute
2 Purpose
The purpose of this Act is to assist in the interpretation of former UK
Acts.
Note The former UK Acts are listed in the Legislation Act
2001, sch 1.
3 Application
(1) Schedule 1 applies to all former UK Acts according to its
terms.
(2) However, if a year is set out in brackets at the end of a provision of
schedule 1, the provision applies only to former UK Acts passed after the
year.
(3) Also, if schedule 1 makes some other provision, the schedule applies
in accordance with that provision.
(4) A year set out as mentioned in subsection (2) does not form part of
schedule 1.
4 Meaning of certain references
In this Act, a reference to a former UK Act passed at a particular time is
a reference to the former UK Act that immediately before it became a former UK
Act was a UK Act passed at that time.
5 Relationship with Legislation Act
2001
(1) If a provision of schedule 1 is inconsistent with a provision of the
Legislation Act 2001, the provision of the schedule prevails to the
extent of the inconsistency.
(2) Without limiting subsection (1), if a provision of schedule 1 dealing
with a matter does not apply to all former UK Acts and a provision of the
Legislation Act 2001 also deals with the matter (whether or not in the
same way), then, for that subsection, the provision of the schedule is taken to
be intended to deal exclusively with the matter.
insert
Schedule 1 Rules for interpreting former UK
Acts
(see s 3)
Part 1.1 Interpretation
1 Definitions for pt 1.1
In a former UK Act:
Bank of England means, as the context requires, the Governor
and Company of the Bank of England or the bank of the Governor and Company of
the Bank of England.
British Islands means—
(a) in a former UK Act passed after the year 1889 and before the
establishment of the Irish Free State—the United Kingdom, the Channel
Islands and the Isle of Man; and
(b) in a former UK Act passed after the establishment of the Irish Free
State—the United Kingdom, the Channel Islands, the Isle of Man and the
Republic of Ireland.
British possession means any part of the dominions of the
Crown outside the United Kingdom. (1889)
British subject means—
(a) an Australian citizen; or
(b) any other person who because of his or her citizenship of another
country would, if the Australian Citizenship Act 1948 (Cwlth), part 2 had
continued in force after 30 April 1987, have been a person who has the status of
a British subject under that part.
colonial legislature, of a British possession, means the
authority, other than the United Kingdom Parliament or the Crown in Council,
competent to make laws for the possession. (1889)
colony means any part of the dominions of the Crown outside
the British Islands and, in a former UK Act passed in or after 1889 (the
first Act), includes any part of those dominions that has, after
the passing of the first Act, ceased, under a provision of a later UK Act, to be
a colony, but only in the application of the first Act before the commencement
of the provision of the later Act, but does not include—
(a) countries having fully responsible status within the Commonwealth of
Nations; and
(b) associated states. (1889)
Commonwealth citizen means a person other than a British
subject who would, if the Australian Citizenship Act 1948 (Cwlth), part 2
had continued in force after 30 April 1987, have been a person who has the
status of a British subject under that part.
Comptroller and Auditor-General means the Comptroller-General
of the receipt and issue of the Crown’s Exchequer and Auditor-General of
Public Accounts appointed under the Imperial Exchequer and Audit Departments
Act 1866 (UK).
consular officer has the same meaning as in the Vienna
Convention, article 1 (which is set out in the Consular Privileges and
Immunities Act 1972 (Cwlth), schedule).
Governor-General, of a British possession, includes any
person who for the time being has the powers of the Governor-General of the
possession. (1889)
Governor, of a British possession, includes the officer for
the time being administering the government of the possession. (1889)
legislature—see colonial legislature.
(1889)
Lord Chancellor means the Lord High Chancellor of Great
Britain.
person includes a body. (1889)
Privy Council means the Lords and others of the Crown’s
Most Honourable Privy Council.
Secretary of State means a Principal Secretary of State of
the Crown.
statutory declaration includes a declaration made under a law
of a State, Territory or foreign country that authorises a declaration to be
made otherwise than in the course of a legal proceeding.
2 References to courts
In a former UK Act, a reference to any court (however described) other than
a court of summary jurisdiction is a reference to the Supreme Court.
3 Dominions under central and local
legislature
For clause 1, definitions of British possession and
colony, if any part of the dominions of the Crown outside the
United Kingdom are under both a central and local legislature, all parts under
the central legislature are taken to be a single British possession or colony,
as the case requires. (1889)
4 Gender and number
(1) In a former UK Act—
(a) words importing the masculine gender include the feminine;
and
(b) words importing the feminine gender include the masculine;
and
(c) words in the singular include the plural and words in the plural
include the singular.
(2) This clause applies—
(a) to former UK Acts passed before 1851 only in relation to offences
punishable on indictment or summary conviction; and
(b) to former UK Acts passed after 1850.
5 References to service by post
If a former UK Act authorises or requires a document to be served by post
(whether the expression ‘serve’, ‘give’ or
‘send’ or any other expression is used), the service is taken to be
made by properly addressing, prepaying and posting a letter containing the
document. (1889)
Part 1.2 Miscellaneous
6 Citation of other UK Acts
If a former UK Act cites another UK Act by year, statute, session or
chapter, or a provision of another UK Act by number or letter, the reference is
a reference—
(a) for Acts included in any revised edition of the UK statutes printed by
authority—to that edition; and
(b) for Acts not so included but included in the edition prepared under
the direction of the Record Commission—to that edition; and
(c) in any other case—to the Acts printed by the Printer to the
Crown, or under the superintendence or authority of the Crown’s Stationary
Office. (1889)
7 References to other enactments
(1) If a former UK Act refers to an enactment, the reference is a
reference to the enactment as amended, and includes a reference to that
enactment as extended or applied under any other enactment, including any other
provision of that Act. (1889)
(2) However, if a former UK Act refers to another UK Act, the reference is
a reference to the other Act as for the time being amended and in force in the
Territory.
Part
2.28 Independent Competition and
Regulatory Commission Act 1997
substitute
(3) The Legislation Act 2001, division 19.3.3
(Appointments—Assembly consultation) does not apply in relation to an
appointment to an industry panel.
[2.212] Section
41 (3), penalty
omit
Maximum penalty:
substitute
Maximum penalty (subsection (3)):
[2.213] Section
41 (3), new note
insert
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
omit
[2.215] Section
50 (1), new note
insert
Note The Legislation Act 2001, s 170 and 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
omit
renumber subsections when Act next republished under Legislation Act
2001.
substitute
4B Application of Act to
Territory
(1) The following provisions do not bind the Territory:
• section 16 (Prohibitions relating to boats etc)
• section 17 (Prohibitions relating to swimming etc)
• section 18 (Interference with signs)
• section 19 (2) and (3) (Approved buoys, wharves and
jetties)
• section 20 (2) (Restrictions on mooring)
• section 24 (Anchoring of boats)
• section 25 (3) (Mooring of boats)
• section 29 (2) (Restriction on use of hovercraft)
• section 32 (Camping etc).
(2) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
Part
2.30 Landlord and Tenant Act
1899
substitute
2 Act does not bind Territory
(1) This Act does not bind the Territory.
(2) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
Part
2.31 Land (Planning and Environment)
Act 1991
substitute
(3) The Legislation Act 2001, division 19.3.3
(Appointments—Assembly consultation) applies to the appointment of a
public servant as commissioner.
(4) Subsection (3) has effect despite the Legislation Act 2001,
section 227 (2) (a) (Application of div 19.3.3).
Part
2.32 Limitation Act
1985
omit
the Crown
substitute
a government
substitute
7 Application of Act to
governments
(1) For this Act, an action by a government entity is an action by the
government.
(2) This Act does not apply to an action by the Territory—
(a) for the recovery of a penalty, tax or duty or of interest on a
penalty, tax or duty; or
(b) in relation to the forfeiture of a ship.
(3) This Act does not affect the prerogative right of the Territory to
mineral rights.
(4) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
(5) In this section:
government entity—see the Legislation Act 2001,
section 121 (6).
[2.223] Section
8 (1), definition of Crown
omit
[2.224] Section
8 (1), new definition of government
insert
government—see the Legislation Act
2001, section 121 (Binding effect of Acts).
Part
2.33 Liquor Act
1975
[2.225] Dictionary,
definition of offence against this Act
omit
Part
2.34 Low-Alcohol Liquor Subsidies Act
2000
omit everything after
criminal proceedings other than
substitute
proceedings for an offence in relation to the false, misleading or
incorrect nature of the information, answer or document.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Part
2.35 Occupational Health and Safety
Act 1989
omit
renumber subsections when Act next republished under Legislation Act
2001.
[2.229] Section
93 (1), new note
insert
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Part
2.36 Perpetuities and Accumulations
Act 1985
substitute
4 Application of Act to
Territory
(1) The rule against perpetuities and the rule against perpetual trusts
bind the Territory.
(2) However, nothing in the rule against perpetuities, in the rule against
perpetual trusts or in this Act affects any settlement made by the
Territory.
(3) Subsection (1) has effect except so far as another Territory law
otherwise provides.
(4) Subsection (2) has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
Part
2.37 Public Health Act
1997
[2.231] Section
82 (2), new note
insert
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
omit
Part
2.38 Public Interest Disclosure Act
1994
substitute
7 Criminal liability of government
entities
(1) A government entity is not immune from criminal liability under this
Act in relation to an authorised act or omission of the entity.
(2) This section has effect despite the Legislation Act 2001,
section 121 (4).
Note Section 121 (4) extends the effect of the immunity that a
government has from an Act to government entities.
(3) A word or expression defined in the Legislation Act 2001,
section 121 has the same meaning in this section.
Part
2.39 Public Sector Management Act
1994
substitute
(3) However, subsection (2) does not apply to the appointment if the
Legislation Act 2001, division 19.3.3 (Appointments—Assembly
consultation) applies to the appointment.
Note Under the Legislation Act 2001, s 229 the appointment is
a disallowable instrument.
[2.235] Section
22 (3), new note
insert
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
omit
[2.237] Schedule
3, clause 3.20, modification of
Occupational Health and Safety Act
1989, section 60D (2), new note
insert
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
[2.238] Schedule
3, clause 3.20, modification of
Occupational Health and Safety Act
1989, section 60D (3)
omit
Part
2.40 Race and Sports Bookmaking Act
2001
substitute
(3) Subsection (2) does not apply to a proceeding for any offence in
relation to the false or misleading nature of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.41 Residential Tenancies Act
1997
substitute
(6) The Legislation Act 2001, division 19.3.3
(Appointments—Assembly consultation) applies to a selection by the
Minister under subsection (5) as if—
(a) a reference to the appointment of a person to a statutory office were
a reference to a selection by the Minister; and
(b) a reference to an appointment were a reference to a selection;
and
(c) all other necessary changes were made.
Part
2.42 Roads and Public Places Act
1937
substitute
2A Application of Act to
Territory
(1) The following provisions do not bind the Territory:
• section 6 (Drains for surface water)
• section 7 (Damage to or interference with public places and
property on them).
(2) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
Part
2.43 Sale of Motor Vehicles Act
1977
substitute
4A Application of Act to motor dealings by
Territory
(1) This Act does not apply in relation to dealings in motor vehicles by
the Territory.
(2) This section has effect despite the Legislation Act 2001,
section 121 (Binding effect of Acts).
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Justice and Community Safety Legislation
Amendment Act 2001, amendments 1.81 and 1.82, whichever is the
later)
Part
2.44 Surveyors Act
2001
[2.244] Section
7 (2), other than the notes
substitute
(2) The Legislation Act 2001, division 19.3.3
(Appointments—Assembly consultation) applies to the appointment of a
public servant as commissioner.
(3) Subsection (2) has effect despite the Legislation Act 2001,
section 227 (2) (a) (Application of div 19.3.3).
[2.245] Section
7 (2), notes
relocate to section 7 (1)
Part
2.45 Taxation Administration Act
1999
substitute
5 Act binds Territory
(1) This Act applies to the Territory so far as it requires or otherwise
provides for the payment of money that, on payment, would form part of the
public money of the Territory.
(2) This section has effect despite the Legislation Act 2001,
section 121 (2).
Note Section 121 (2) provides that an Act does not bind the
Territory to the extent that it requires or otherwise provides for the payment
of money that, on payment, would form part of the public money of the
Territory.
omit
part 18.5
substitute
part 19.5 (Service of documents)
Part
2.46 Tobacco Act
1927
omit
[2.249] Section
38 (3), new note
insert
Note The Legislation Act 2001, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
renumber subsections when Act next republished under Legislation Act
2001
Part
2.47 Tree Protection (Interim Scheme)
Act 2001
[2.251] Section
40 (3) (b) and (c)
substitute
(b) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.48 Utilities Act
2000
[2.253] Section
74 (2) (d) and (e)
substitute
(d) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
[2.255] Section
166 (2) (d) and (e)
substitute
(d) any other offence in relation to the falsity of the information,
document or answer.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
[2.257] Section
201 (2) (d) and (e)
substitute
(d) any other offence in relation to the falsity of the information,
document or answer.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
substitute
(b) proceeding for an offence against this Act.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
substitute
(1) This section does not apply to a proceeding for an offence against
section 21 (Requirement for licence).
Part
2.49 Victims of Crime (Financial
Assistance) Act 1983
[2.261] Section
2, definition of serious crime, paragraph (e)
substitute
(e) an offence against a law of the Commonwealth, a State or another
Territory corresponding to a provision of the Crimes Act 1900, part 9 in
relation to an offence mentioned in paragraphs (a) to (d).
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
[2.262] Section
2, definition of sexual crime
substitute
sexual crime means any of the following offences:
(a) an offence against the Crimes Act 1990, part 3 (an ACT
sexual offence);
(b) an offence against a law of the Commonwealth, a State or another
Territory corresponding to an ACT sexual offence;
(c) an offence against a law of the Commonwealth, a State or another
Territory corresponding to a provision of the Crimes Act 1900, part 9 in
relation to an offence mentioned in paragraph (b).
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Part
2.50 Waste Minimisation Act
2001
[2.263] Section
48 (3) (b) and (c)
substitute
(b) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.51 Water and Sewerage Act
2000
[2.265] Section
39 (3) (b) and (c)
substitute
(b) any other offence in relation to the falsity of the information or
document.
Note 1 A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
Note 2 The Legislation Act 2001, s 171 deals with the
application of client legal privilege.
omit
Part
2.52 Workers Compensation Act
1951
omit
defined offence
substitute
offence against this Act
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Workers Compensation Amendment Act 2001,
section 4, whichever is the later)
substitute
(2) This section applies to a prosecution for an offence against this
Act.
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1990, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Workers Compensation Amendment Act 2001,
section 4, whichever is the later)
[2.269] Dictionary,
definition of defined offence
omit
(commencement: the commencement of section 3 of this Act or immediately
after the commencement of the Workers Compensation Amendment Act 2001,
section 4, whichever is the later)
Endnote
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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