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This is a Bill, not an Act. For current law, see the Acts databases.
STATUTE LAW AMENDMENT BILL 2003 (NO 2)
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law
Amendment Bill 2003 (No 2)
Contents
Page
Part 1.1 Building
and Construction Industry Training Levy Act 1999 3
Part 2.1 Legislation
Act 2001 5
Part 3.1 ACTEW/AGL
Partnership Facilitation Act 2000 35
Part
3.2 Administration (Interstate Agreements) Act
1997 38
Part 3.3 Artificial
Conception Act 1985 40
Part 3.4 Charitable
Collections Act 2003 42
Part 3.5 Children
and Young People Act 1999 43
Part
3.6 Confiscation of Criminal Assets Act
2003 88
Part 3.7 Criminal
Code 2002 89
Part 3.8 Drugs in
Sport Act 1999 90
Part 3.9 Financial
Management Act 1996 93
Part 3.10 First Home
Owner Grant Act 2000 93
Part 3.11 Gaming
Machine Act 1987 94
Part 3.12 Health
Professionals (Special Events Exemptions) Act 2000 97
Part 3.13 Long
Service Leave (Contract Cleaning Industry) Act 1999 99
Part
3.14 Magistrates Court Act
1930 103
Part
3.15 Magistrates Court Rules
1932 103
Part 3.16 Prisoners
(International Transfer) Act 1999 104
Part 3.17 Protection
Orders Act 2001 106
Part 3.18 Public
Health Act 1997 107
Part 3.19 Public
Sector Management Act 1994 109
Part 3.20 Race and
Sports Bookmaking Act 2001 109
Part 3.21 Racing Act
1999 110
Part 3.22 Sale of
Motor Vehicles Act 1977 120
Part 3.23 Security
Industry Regulations 2003 131
Part 3.24 Smoke-free
Areas (Enclosed Public Places) Regulations 1994 131
Part 3.25 Spent
Convictions Act 2000 132
Part 3.26 Supervised
Injecting Place Trial Act 1999 136
Part 3.27 Taxation
Administration Act 1999 141
Part 3.28 Taxation
(Government Business Enterprises) Regulations 2003 148
Part 3.29 Victims of
Crime Regulations 2000 149
Part 4.1 Institute
for the Study of Man and Society Incorporation Act 1968 150
Part 4.2 Judgment
Creditors Remedies Act 1933 151
Part 4.3 Spent
Convictions Regulations 2003 151
Part 4.4 Registrable
instruments that are no longer needed 151
Division
4.4.1 ACTION Authority Act
2001—disallowable instrument—s 36 152
Division
4.4.2 Independent Competition and Regulatory
Commission Act 1997—disallowable instruments—s 15, s
16 152
Division
4.4.3 Legislative Assembly (Members’
Staff) Act 1989—disallowable instruments—s 5, s 6, s 10, s
11 153
Division
4.4.4 Utilities Act 2000—disallowable
instruments—s 61, s 65 153
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment
Bill 2003 (No 2)
A Bill for
An Act to amend or repeal certain Acts and regulations for the purpose of
statute law revision
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Statute Law Amendment Act 2003 (No 2).
This Act commences on the 14th day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The purpose of this Act is to improve the quality of the statute law of the
Territory by amending or repealing Acts and regulations for the purpose of
statute law revision.
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Legislation
amended—schs 1—3
This Act amends the legislation mentioned in schedules 1 to 3.
6 Legislation
repealed—sch 4
(1) This Act repeals the legislation mentioned in schedule 4.
(2) The Institute for the Study of Man and Society Incorporation
Act 1968 and the instruments mentioned in part 4.4 are declared to be
laws to which the Legislation Act, section 88 (Repeal does not end effect of
transitional laws etc) applies.
Schedule
1 Minor
amendments
(see s 5)
Part
1.1 Building and Construction Industry
Training Levy Act 1999
insert
Part 8 Validation
38 Validation of appointment of members of
board
(1) The people appointed by the Minister as members of the board (whether
on an acting basis or otherwise) during the period beginning on 1 November 2002
and ending on 18 July 2003 are taken to be, and always to have been,
members of the board for the period appointed as if the appointments had been
properly—
(a) made; and
(b) notified under the Legislation Act, section 61; and
(c) presented to the Legislative Assembly under the Legislation Act,
section 64 (1).
(2) Without limiting subsection (1), and to remove any doubt, anything
done, or purporting to have been done, by the board during the period mentioned
in that subsection in exercise of the functions of the board is taken to be, and
always to have been, as valid as if the appointments had been
properly—
(a) made; and
(b) notified under the Legislation Act, section 61; and
(c) presented to the Legislative Assembly in accordance with the
Legislation Act, section 64 (1).
40 Expiry of pt 8
This part expires the same day it commences.
Note If a law validates something that is or may otherwise be
invalid, the validating effect of the law does not end merely because of the
repeal of the law (see Legislation Act, s 88 (1) (b)).
Explanatory note
This amendment inserts provisions to ensure the validity of the
appointments of members and actions of the Building and Construction Training
Fund Board during the period 1 November 2002 to 18 July 2003. It would
seem that not all of the requirements of the Legislation Act about the making,
notification and presentation of appointments were satisfied for appointments
made to the board during that period. In particular, when the appointments of
members ended on 31 October 2002, some of the members were reappointed for 2
consecutive periods of less than 6 months. The second of these reappointments
was not tabled.
To remove any ongoing doubts about the validity of appointments of members
of the board, the members were reappointed by an instrument of appointment with
effect from 19 July 2003 (see DI2003—190). The Legislative Standing
Committee on Education was consulted about the reappointments and the instrument
of appointment was presented to the Legislative Assembly on 19 August
2003.
Schedule
2 Structural
amendments
(see s 5)
Part
2.1 Legislation Act
2001
substitute
Note 1 The dictionary at the end of an Act usually defines certain
terms used in the Act, and includes references (signpost
definitions) to other terms defined elsewhere in the Act. However, in
this Act the dictionary is divided into 2 parts.
Note 2 Part 1 defines terms commonly used in Acts (including this
Act) and statutory instruments. For example, because of the definition
‘month means calendar month.’, the term
‘month’ has the defined meaning wherever the term is used in an Act
or statutory instrument unless the Act or instrument provides otherwise or the
contrary intention otherwise appears (see s 144 and s 155).
Note 3 Part 2 defines certain terms used in this Act. For example,
the signpost definition ‘administrator, for part 19.5
(Service of documents)—see section 246.’ means that the term
‘administrator’ is defined in s 246 for this Act, pt 19.5. A
definition in pt 2 applies to all of this Act unless the definition, or another
provision of this Act, provides otherwise or the contrary intention otherwise
appears (see s 155 and s 156 (1)).
Explanatory note
This amendment brings the notes into line with current drafting practice by
using ‘terms’ instead of ‘words and
expressions’.
[2.2] Section
43 (2), new example and notes
insert
Example 3
The Wombat Protection Act 2003 (hypothetical) provides that the
Minister may appoint a Wombat Advocate. The instrument making the appointment
states that the appointment is for 5 years, but the maximum term of appointment
authorised under the Act is 4 years.
The instrument is read restrictively (‘read down’) as if it
referred to 4 years. In other words, the instrument is effective but the
appointment is only valid for 4 years.
Note to example 3 The kind of interpretation indicated in
example 3 is known as a distributive interpretation of the instrument.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see s 126 and s 132).
Explanatory note
This amendment inserts another example to further illustrate the operation
of the subsection. The amendment also inserts a standard note about
examples.
[2.3] Section
43 (3), note
omit
Explanatory note
This amendment omits the note about examples, as it is now placed in
section 43 (2).
substitute
(4) If the relevant instrument makes provision about the matter by
applying a law of another jurisdiction or an instrument, the following
provisions apply:
(a) if subsection (3) is displaced by, or under authority given by, an Act
or the authorising law—the law of the other jurisdiction or instrument is
applied as in force from time to time;
Note For the displacement of s (3), see s 6, examples 1 and
2.
(b) if subsection (3) is not so displaced and the relevant instrument does
not provide that the law of the other jurisdiction or instrument is applied as
in force at a particular time—the law or instrument is taken to be applied
as in force when the relevant instrument is made.
Examples for s (4) (b)
1 The Locust Damage Compensation Determination 2003 (a
hypothetical disallowable instrument) provides for the making of claims against
a compensation fund. Clause 43 states that disputes about claims must be
decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the
NSW Act) as in force from time to time. The determination is made
on 1 August 2003. The Act under which the determination is made does not
displace subsection (3). Therefore, even though clause 43 purports to apply the
NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003
is applied by the determination.
2 The Locust Damage Compensation Determination 2003 (mentioned in
example 1), clause 43 states that disputes about claims must be decided in
accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW
Act), but does not state that the NSW Act is to be applied as in force
from time to time or at a particular time. The determination is made on
1 August 2003. The Act under which the determination is made does not
displace subsection (3). Therefore, the NSW Act as in force on 1 August 2003 is
applied by the determination.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
The amendment clarifies the effect of the displacement of section 47 (3)
and the relationship between that subsection and this subsection.
More importantly, this amendment makes it clear that a statutory instrument
may make provision about a matter by applying a law of another jurisdiction, or
an instrument, as in force from time to time only if subsection (3) is displaced
by (or under authority given by) an Act or, if the authorising law is a
subordinate law or disallowable instrument, the authorising law itself. In
other words, only an Act, or authorising law that is a subordinate law or
disallowable instrument, can authorise a statutory instrument to apply a law of
another jurisdiction, or an instrument, as in force from time to time.
The amendment ensures that displacement of subsection (3) remains subject
to the Legislative Assembly’s scrutiny and control.
[2.5] New
section 65 (4A)
insert
(4A) A disallowance under this section has effect for all purposes as if
it were a repeal made by an Act.
Explanatory note
This amendment inserts a provision similar to section 68 (6) into section
65. Section 65 provides that, if the Legislative Assembly passes a resolution
to disallow a subordinate law or disallowable instrument, the law or instrument
is taken under section 65 to be repealed. This amendment means that a deemed
repeal, once effective, will be repealed automatically under the Legislation
Act, section 89. Its effect is, however, saved under the Legislation Act,
section 84.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
after
the Act
insert
or another Act
Explanatory note
This amendment makes it clear that the commencement of an Act may be
provided for in another Act.
[2.8] Section
73 (2) and (3)
omit
subordinate law, disallowable instrument or notifiable instrument
substitute
registrable instrument
Explanatory note
This amendment applies the general commencement rules of the Legislation
Act, section 73 to commencement notices. The rules presently apply to all
other registrable instruments.
The rules for the commencement of laws by commencement notice are dealt
with in the Legislation Act, section 77. The amendment does not affect the
operation of those rules.
However, the amendment will facilitate the operation of the ACT legislation
register. When a registrable instrument is included on the register, the date
the instrument becomes effective (or commences) is indicated to assist users of
the register. The amendment confirms that the general commencement rules that
apply to other registrable instruments apply also to commencement notices as
instruments, that is, the default commencement for a commencement notice
itself is the day after the day the notice is notified. (This default
commencement date may or may not be the same date as the date fixed by the
commencement notice for the commencement of the law that it
commences).
The proposed default commencement for commencement notices is the same
default commencement that already applies to the commencement of a law made by a
commencement notice (see Legislation Act, s 77). The amendment does not change
the law, but rather confirms the way that commencement notices have been shown
on the legislation register since its establishment.
after
the day
insert
after the day
Explanatory note
This amendment brings the default commencement for non-registrable
instruments (that is, instruments not required to be notified on the ACT
legislation register) into line with the default commencement for registrable
instruments. Under the amendment the default commencement for a non-registrable
instrument will be the day after the instrument is made (or, if it is required
to be approved by an entity after making, the day after the approval
day).
The law does not generally recognise parts of days. In theory, it is
therefore presently possible for a non-registrable instrument to operate
retrospectively by default from the time of making (or approval) back to the
first moment of the day it is made (or approved). The amendment will prevent
this result.
However, under other amendments made by this schedule, a non-prejudicial
provision of a non-registrable instrument may commence on or before the day it
is made (or approved) if the instrument clearly indicates that it is to commence
retrospectively (see proposed new s 75B and existing s 76 (1)). By
contrast, a prejudicial provision of a non-registrable instrument may commence
on or before the day it is made (or approved) only if the Legislation Act,
section 76 (2) (inserted by another amendment) is displaced by, or under
authority given by, an Act.
omit
is taken to have commenced
substitute
commences
Explanatory note
This amendment removes unnecessary words.
[2.11] Section
75 (2) (b)
omit
are taken to have commenced
substitute
commence
Explanatory note
This amendment removes unnecessary words.
[2.12] New
sections 75A and 75B
insert
75A Meaning of commences
retrospectively
(1) An Act or registrable instrument commences
retrospectively if it commences on a day or at a time earlier than
the day after its notification day.
Note A reference to an Act or registrable instrument includes a
reference to a provision of an Act or registrable instrument (see s 7 (3) and s
12 (2)).
(2) A statutory instrument that is not a registrable instrument commences
retrospectively if it commences on a day or at a time earlier than
the day after the day it is made or, if it is required under an Act or statutory
instrument to be approved (however described) by the Executive, a Minister or
any other entity, the day after the day it is approved.
75B Retrospective commencement requires clear
indication
(1) In this section:
law includes any statutory instrument.
(2) A law must not be taken to provide for the law (or another law) to
commence retrospectively unless the law clearly indicates that it is to commence
retrospectively.
Example
The XYZ Act 2003 was notified on 1 July 2003. It contains the
following provision:
2 Commencement
This Act is taken to have commenced on 17 October 2001.
Section 2 clearly indicates that the Act is to commence
retrospectively.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
Explanatory note
New section 75A makes it clear what retrospective commencement means. The
language of the section follows the language of the provisions of the
Legislation Act about the notification of Acts and registrable instruments and
the making and commencement of instruments (see esp s 73 (2) and (4)).
New section 75B states that retrospective commencement requires a clear
indication, and provides an example of a clear indication. The rule in section
75B is a statutory expression of the common law presumption against
retrospectivity (see Pearce, D and Geddes, R S (2001), Statutory
Interpretation in Australia, 5th ed, Butterworths, Sydney, ch 10). The rule
presently appears in section 76 (2) and is limited in its application to section
76 (s 78 (4) presently provides a similar rule for the operation of
commencement notices). The rule restated in section 75B will apply to all the
provisions of the Legislation Act (eg s 73 (2) (c) and (d)) and will
apply whether or not the relevant law or instrument operates
prejudicially.
The amendment will facilitate the operation of the ACT legislation
register. To inform users of the register about what the law is at any time,
the register provides information about when a law or instrument, or a
particular version of a law or instrument, became effective or ceased to be
effective. In the absence of a general rule about retrospective commencements
like the rule presently in the Legislation Act, section 76 (2), it can be
difficult to work out whether a retrospective commencement of a registrable
instrument is intended or a registrable instrument is simply notified later than
the time that was envisaged. If it is simply notified late, the Legislation
Act, section 73 (3) will apply and the instrument will commence on the day after
its notification day.
By requiring a clear indication if a retrospective commencement is
intended, the amendment will enable questions of that kind to be decided more
easily and with greater certainty. It will also assist in ensuring greater
transparency in the operation of laws and instruments. Under the amendment a
retrospective commencement with non-prejudicial operation will need to be
clearly indicated in the same way as a retrospective commencement with
prejudicial operation.
substitute
(2) Unless this subsection is displaced by, or under authority given by,
an Act, a statutory instrument may not provide that a prejudicial provision of
the instrument commences retrospectively.
Example
The Locust Damage Compensation Determination 2003 (a
hypothetical disallowable instrument) sets out (among other things) the people
who are eligible for compensation under a compensation fund. Previously, there
was no restriction on who was eligible. The determination provides that it is
taken to have commenced on 1 July 2003, but it is not notified until 15 August
2003. There is nothing in the Act under which the determination is made (or any
other Act) that authorises the retrospective commencement.
The provision of the determination that limits who can apply for
compensation is a prejudicial provision (ie it adversely affects some
people’s right to receive compensation) and cannot commence
retrospectively. Instead, it would commence on the day after the
determination’s notification day (see s 73 (3)).
Explanatory note
This amendment makes it clear that a statutory instrument may not provide
for the retrospective commencement of a prejudicial provision (defined by
another amendment) of the instrument unless under the authority of an Act. The
amendment also adds a new example to further illustrate the operation of the
section.
substitute
(4) In this section:
non-prejudicial provision means a provision that is not a
prejudicial provision.
prejudicial provision means a provision that operates to the
disadvantage of a person (other than the Territory or a Territory authority or
instrumentality) by—
(a) adversely affecting the person’s rights; or
(b) imposing liabilities on the person.
Explanatory note
This amendment includes a new definition of prejudicial
provision. The new definition is the converse of the existing
definition of non-prejudicial provision, which is as
follows:
‘non-prejudicial provision means a provision that does
not operate to the disadvantage of a person (other than the Territory or a
Territory authority or instrumentality) by—
(a) adversely affecting the person’s rights; or
(b) imposing liabilities on the person.’.
This amendment also substitutes a new definition of non-prejudicial
provision.
[2.15] New
section 79 (1A)
insert
(1A) This section applies to a law unless it is displaced by, or under
authority given by, an Act or, if the postponed law is a subordinate law or
disallowable instrument, the postponed law.
Explanatory note
This amendment makes it clear that section 79 (which deals with the
automatic commencement of postponed laws) can only be displaced under the
authority of an Act or, if the postponed law is a subordinate law or
disallowable instrument, the postponed law itself. In other words, section 79
cannot be displaced by a commencement notice, which would not be subject to the
Legislative Assembly’s scrutiny and control.
[2.16] Section
79 (3), definition of postponed law
omit
or provision of a law
Explanatory note
This amendment omits unnecessary words. Law is defined for
chapter 8 (in s 72) to include a provision of a law.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.18] Section
88 (1), example for paragraph (a)
substitute
Examples for par (a)
1 a provision stating that an existing licence under a repealed Act is
taken to be a licence of a particular kind under another Act and authorising the
imposition of conditions under the other Act
2 a provision stating that a provision applies to certain applications made
before the commencement of an amendment or only to applications made after the
commencement of an amendment
Explanatory note
This amendment includes an additional example of a common transitional
provision, namely, a provision dealing with the application of
amendments.
substitute
(6) If an instrument making, or evidencing, an appointment (including an
acting appointment) is a registrable instrument, the instrument is automatically
repealed—
(a) on the day the appointment ends; or
(b) if the instrument makes 2 or more appointments that end on different
days—on the day the last-ending appointment ends.
Explanatory note
This amendment makes it clear that, if an instrument makes 2 or more
appointments that end on different days, the instrument is repealed when the
last-ending appointment ends.
[2.20] New
section 89 (7A)
insert
(7A) If apart from this subsection a law or instrument would be
automatically repealed on a day that is earlier than its notification day, the
law or instrument is instead automatically repealed on the day after its
notification day.
Explanatory note
This amendment applies to the rare case where all of the provisions of a
law or instrument to which this section applies commence retrospectively.
Without this amendment, the automatic repeal would happen before notification
day, which is potentially confusing. This amendment means that the earliest
that an automatic repeal can happen is the day after the relevant notification
day.
[2.21] Section
89 (10), definition of amending law, new example
insert
Example for par (e)
an objects provision
Explanatory note
This amendment includes a new example to make it clear that a provision
about the purposes of a law or provision includes an objects
provision.
[2.22] Section
89 (10), definition of amending provision
substitute
amending provision, of a law, means a provision of the law
that only amends or repeals a law or statutory instrument, and
includes—
(a) any other provision (for example, a schedule) of the law that only
identifies the law or instrument amended or repealed; and
(b) any other provision (for example, a part heading) of the law that only
identifies (or groups) provisions that are amended or repealed.
Explanatory note
This amendment extends the provisions that are automatically repealed to
include provisions that identify or group provisions that are amended or
repealed. The following amendment provides an example.
[2.23] Section
89, new example
insert
Example 3 for s 89—see s (10), def
amending provision
The Plant Diseases Act 2003 (hypothetical), part 6 is as
follows:
Part 6 Repeals and consequential amendment
42 Repeal of Plant Diseases Act 1934
The Plant Diseases Act 1934 No 21 A1934-21 is
repealed.
43 Repeal of Plant Diseases Regulations
1938
The Plant Diseases Regulations 1938 (made on 11
February 1938) are repealed.
44 Administrative
Decisions (Judicial Review) Act 1989, schedule 1, new clause 6
insert
6 This Act does not apply to decisions of the Minister under
the Plant Diseases Act 2003, part 3 (Measures for the control of diseases
and pests).
Under the definition of amending provision, the heading to
part 6, as well as the contents of part 6, are automatically repealed under
section 89.
Explanatory note
This amendment inserts a new example for section 89. It illustrates the
operation of the new definition of amending provision. The
definition was amended by the previous amendment.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.25] Section
99 (1) (b)
substitute
(b) the year when it was enacted and its number, together with a reference
(if necessary) to indicate that it is an Act.
Example of reference to indicate
Act
an Act may be referred to using the word Act or the letter ‘A’
eg ‘A1993-1’ is a reference to Act No 1 of 1993
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment clarifies the way in which an Act may be referred to. The
example follows the practice used on the ACT legislation register to refer to
Acts.
[2.26] Section
100 (1), new examples
insert
Examples of references to kind of instrument
for par (b)
1 a subordinate law may be referred to using the letters ‘SL’
(eg ‘SL2000-11’ is a reference to subordinate law No 11 of
2000)
2 a disallowable instrument may be referred to using the letters
‘DI’ (eg ‘DI1997-101’ is a reference to
disallowable instrument No 101 of 1997)
3 a notifiable instrument that is not an approved form may be referred to
using the letters ‘NI’ (eg ‘NI2002-226’ is a reference
to notifiable instrument No 226 of 2002)
4 an approved form may be referred to using the letters ‘AF’
(eg ‘AF2003-1’ is a reference to approved form No 1 of
2003)
5 a commencement notice may be referred to using the letters
‘CN’ (eg ‘CN2002-3’ is a reference to commencement
notice No 3 of 2002)
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment adds examples to section 100 (1) to illustrate how statutory
instruments may be referred to. The examples follow the practice used on the
ACT legislation register to refer to registrable instruments.
[2.27] New
section 102 (2A)
insert
(2A) This section is subject to section 47 (Statutory instrument may make
provision by applying law or instrument).
Explanatory note
This amendment makes it clear that section 102 is subject to section
47.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.29] Section
116 (1) (l)
substitute
(l) omits, inserts or changes a referential term; or
Explanatory note
This amendment brings the paragraph into line with current drafting
practice by using ‘term’ instead of
‘expression’.
[2.30] New
section 126 (2A)
insert
(2A) A preamble or other recital to an Act or statutory instrument is part
of the Act or instrument.
Explanatory note
This amendment provides that a preamble or other recital is part of an Act
or statutory instrument. This is the current position in Australia (see Pearce,
D and Geddes, R S (2001), Statutory Interpretation in Australia, 5th ed,
Butterworths, Sydney, par 1.27 and par 4.39).
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.32] Section
130 (a) and (b)
substitute
(a) gives a meaning to a term; or
(b) limits or extends the meaning of a term.
Explanatory note
This amendment brings the section into line with current drafting practice
by using ‘term’ instead of ‘word or
expression’.
[2.33] Section
130, example 8
substitute
8 excluded—a claim is excluded if the
claim is not brought within 1 year after the day the claimant becomes aware of
the failure to account to which the claim relates.
Explanatory note
This amendment brings the example into line with current drafting practice
by adding ‘the day’ after ‘after’.
[2.34] Section
130, example 9 and note 1
substitute
9 A term used in the XYZ Act 2003 has the same meaning in this
Act.
10 A term defined in the XYZ Act 2003 has the same meaning in this
Act.
Note 1 Examples 5 and 6 illustrate signpost definitions, that is,
definitions that do not themselves directly define a term but point the reader
to the place where the term is defined (see s 131).
Explanatory note
This amendment brings the example and note into line with current drafting
practice, including using ‘term’ instead of ‘word’ and
‘expression’. The amendment also inserts new example 10, a
variation of example 9.
substitute
(1) In an Act or statutory instrument, a definition of a term that
includes the word ‘see’ followed by a reference to a law or
instrument means the term has the same meaning as the term (or, if the reference
includes a reference to the definition of another term, that term) has in the
law or instrument, as in force from time to time.
Explanatory note
This amendment brings the subsection into line with current drafting
practice by using ‘term’ instead of ‘word or
expression’.
[2.36] New
section 131 (1A)
insert
(1A) This section is subject to section 47 (Statutory instrument may make
provision by applying law or instrument).
Explanatory note
This amendment makes it clear that section 131 is subject to section
47.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.38] Section
144 heading
substitute
144 Meaning of commonly-used
terms
Explanatory note
This amendment brings the heading into line with current drafting practice
by using ‘terms’ instead of ‘words and
expressions’.
[2.39] Section
146 (1) and (2)
omit
word or expression
substitute
term
Explanatory note
This amendment brings the subsections into line with current drafting
practice by using ‘term’ instead of ‘word or
expression’.
omit
Words and expressions
substitute
Terms
Explanatory note
This amendment brings the section into line with current drafting practice
by using ‘terms’ instead of ‘words and
expressions’.
substitute
(1) This section applies if a period of 1 day or longer is provided or
allowed for a purpose by an Act or statutory instrument.
Explanatory note
This amendment makes it clear that section 151 only applies to periods of 1
day or longer, not to periods of, for example, a few hours.
[2.42] Section
156 (1), note
substitute
Note 1 See s 144 (Meaning of commonly-used terms) for the
application of the definitions in this Act, dict, pt 1.
Note 2 Section 148 (Terms used in instruments have same meanings as
in authorising laws) provides that terms used in a statutory instrument have the
same meaning as they have in the Act or statutory instrument under which the
statutory instrument is made.
Explanatory note
This amendment of the note (now note 1) is consequential on the amendment
of the heading to section 144 by an earlier amendment.
New note 2 refers readers to section 148.
omit
word or expression
substitute
term
Explanatory note
This amendment brings the section into line with current drafting practice
by using ‘term’ instead of ‘word or
expression’.
substitute
164 References to Australian Standards
etc
(1) In an Act or statutory instrument, a reference consisting of the words
‘Australian Standard’ or ‘AS’ followed by a number is a
reference to the standard so numbered published by or on behalf of Standards
Australia.
(2) In an Act or statutory instrument, a reference consisting of the words
‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed
by a number is a reference to the standard so numbered published jointly by or
on behalf of Standards Australia and Standards New Zealand.
Examples for s 164
1 AS 4608-1999
2 AS/NZS 4906: 1994
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment updates this section to deal with the abbreviation
‘AS’ and joint Australian/New Zealand Standards (or
‘AS/NZS’).
omit
expression
substitute
term
Explanatory note
This amendment brings the subsection into line with current drafting
practice by using ‘term’ instead of
‘expression’.
substitute
182 Meaning of law in ch
17
In this chapter:
law means an Act or statutory instrument, and includes a
provision of a law.
Explanatory note
This amendment includes all statutory instruments in the definition of
law for chapter 17 (Entities and positions). This means that the
provisions of the chapter will apply to entities and positions established by
statutory instruments that are not subordinate laws or disallowable instruments.
For example, the chapter will apply to entities and positions established by
notifiable instruments, eg notifiable instruments under the Public Sector
Management Act 1994, section 13 (Constitution of administrative
units).
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of
law in section 182.
omit
an Act or statutory instrument
substitute
a law
Explanatory note
This amendment is consequential on the revised definition of
law in section 182.
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of
law in section 182.
[2.50] New
section 190 (1A)
insert
(1A) An indictable offence includes an indictable offence
that is or may be dealt with summarily.
Explanatory note
This amendment clarifies the scope of the meaning of indictable
offence by expressly providing that an indictable offence includes an
indictable offence that is or may be dealt with summarily.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[2.52] Division
19.3.1 heading
substitute
Division
19.3.1 Appointments—general
Explanatory note
This amendment changes the division heading to better reflect the
division’s contents.
[2.53] Section
231 (2) and note
substitute
(2) However, if the appointer delegates a function to a delegate, the
delegate may not subdelegate the function.
Explanatory note
This amendment recasts subsection (2) to make it clearer, and removes the
note which is turned into examples by the next amendment.
substitute
(3) Subsection (2) is a determinative provision.
Examples
1 The ABC Act 2003 provides that an appointer (X) may delegate
X’s functions to Y. The Act is silent on the subdelegation of the
functions. Y may not subdelegate X’s functions to Z.
2 The ABC Act 2003 provides that an appointer (X) may delegate
X’s functions to Y, with authority for Y to subdelegate those functions.
Because the Act authorises subdelegation, it expressly displaces this Act,
section 231 (2) (see s 6). Y can therefore subdelegate X’s
functions to Z (compare s 236, which deals with the subdelegation of a
power to delegate).
Note 1 See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment inserts examples to illustrate the operation of the
section.
substitute
236 Power to delegate may not be
delegated
(1) The appointer may not delegate the appointer’s power to
delegate.
(2) Subsection (1) is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
Examples
1 The ABC Act 2003 provides that an appointer (X) may delegate
X’s functions to Y. The Act is silent on X’s power to delegate the
power to delegate. X may not delegate X’s power to delegate to
Y.
2 The ABC Act 2003 provides that an appointer (X) may delegate
X’s functions to Y, with authority for X to delegate X’s power to
delegate. Because the Act authorises the delegation of the power to delegate,
it expressly displaces this Act, section 236 (1) (see s 6). X can therefore
delegate X’s power to delegate to Y (compare s 231, which deals with the
subdelegation of a delegated function).
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment removes existing subsection (2), which overlapped with
existing subsection (1), and turns the note into examples to better illustrate
the operation of the section.
omit
by
substitute
by or in relation to
Explanatory note
This amendment adds ‘or in relation to’ to make it clear that
things done in relation to the delegate (eg the service of notice on the
delegate) are taken to have been done in relation to the appointer (ie the
notice is taken to have been served on the appointer).
insert
310A Application of s 89 to registrable
instrument
(1) Section 89 (Automatic repeal of certain laws and provisions) applies
to a registrable instrument, whenever it was made.
(2) This section expires on 12 September 2004.
Explanatory note
This amendment makes it clear that the automatic repeal provisions of
section 89 apply to registrable instruments whenever they were made. The
amendment will ensure that, as registrable instruments are backcaptured on the
ACT legislation register, clearly spent instruments will be included with the
repealed instruments and will not clutter up the instruments currently in
force.
insert
316 Delegations under Administration Act
1989
(1) To remove any doubt, if a delegation was in force under the
Administration Act 1989 immediately before its repeal, the delegation is
taken to have had effect after the repeal as if it were a delegation under this
Act, section 254A (Delegation by Minister).
(2) This section is in addition to the Legislation Amendment Act
2002, section 31 (2).
(3) This section expires on 12 September 2004.
Explanatory note
The Administration Act 1989 was repealed by the Legislation
Amendment Act 2002, section 31 (1). Section 31 (2) provided that the
Administration Act 1989 was a law to which the Legislation Act, section 88
(Repeal does not end transitional or validating effect etc) applies.
Section 31 (2) preserved the effect of the delegations made under the
Administration Act 1989, section 5. However, to remove any doubt, this
amendment confirms that the delegations have effect as if they had been made
under section 254A. The amendment also makes the relevant transitional
provision easier to find, in line with current drafting practice. Section 31
(2) was in an amending Act, which is not as easy to find as a provision in a
principal Act. Current drafting practice is to put savings and transitional
provisions into principal Acts.
[2.59] Schedule
1, part 1.1, item about Innkeepers Liability Act 1902
omit
Explanatory note
This amendment omits an Act that has been repealed from the list of former
NSW and UK Acts still in force in the ACT.
[2.60] Schedule
1, part 1.1
renumber items when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
items.
[2.61] Dictionary,
part 1, heading and note
substitute
Part 1 Meaning of commonly-used
terms
(see s 144)
Note Terms that are defined only for this Act are set out in
pt 2.
Explanatory note
This amendment brings the heading and note into line with current drafting
practice by using use ‘terms’ instead of ‘words and
expressions’.
[2.62] Dictionary,
part 1, definition of building society
substitute
building society means an authorised deposit-taking
institution that is permitted under the Banking Act 1959 (Cwlth) to
assume or use—
(a) the term ‘building society’; or
(b) any other term (whether or not in English) similar in
meaning.
Explanatory note
This amendment brings the definition into line with current drafting
practice by using ‘term’ instead of ‘expression’ and
simplifies its language.
[2.63] Dictionary,
part 1, definition of credit union
substitute
credit union means an authorised deposit-taking institution
that is permitted under the Banking Act 1959 (Cwlth) to assume or
use—
(a) the term ‘credit union’; or
(b) any other term (whether or not in English) similar in
meaning.
Explanatory note
This amendment brings the definition into line with current drafting
practice by using ‘term’ instead of ‘expression’ and
simplifies its language.
[2.64] Dictionary,
part 1, definition of document
omit
includes
substitute
means any record of information, and includes
Explanatory note
This amendment brings the definition of document more closely
into line with the definition of document in the Evidence Act
1995 (Cwlth), dictionary, part 1.
[2.65] Dictionary,
part 1, definition of indictable offence
substitute
indictable offence—see section 190.
Explanatory note
This amendment is consequential on the amendment of section 190 by an
earlier amendment.
[2.66] Dictionary,
part 1, new definition of insolvent under
administration
insert
insolvent under administration means—
(a) a person who is an undischarged bankrupt under the Bankruptcy Act
1966 (Cwlth) or the corresponding provisions of the law of an external
Territory or foreign country; or
(b) a person for whom a debt agreement has been made under the
Bankruptcy Act 1966 (Cwlth), part 9 (Debt agreements), or the
corresponding provisions of the law of an external Territory or foreign country,
if the debt agreement has not ended or been terminated; or
(c) a person who has signed a deed of arrangement or assignment under the
Bankruptcy Act 1966 (Cwlth), part 10 (Arrangements with creditors without
sequestration), or the corresponding provisions of the law of an external
Territory or foreign country, if the terms of the deed have not been fully
complied with; or
(d) a person whose creditors have accepted a composition under the
Bankruptcy Act 1966 (Cwlth), part 10, or the corresponding provisions of
the law of an external Territory or foreign country, if a final payment has not
been made under the composition.
Explanatory note
This amendment inserts a new definition of insolvent under
administration based substantially on the definition in the
Corporations Act 2001 (Cwlth).
[2.67] Dictionary,
part 1, definition of summary offence
substitute
summary offence—see section 190.
Explanatory note
This amendment is consequential on the amendment of section 190 by an
earlier amendment.
[2.68] Dictionary,
part 1, definition of working day
substitute
working day means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday in the ACT under the Holidays Act
1958.
Explanatory note
This amendment brings the definition of working day more
closely into line with the definition of business day, a related
term.
[2.69] Dictionary,
part 2, heading and note
substitute
Part 2 Terms for Legislation Act 2001
only
Note Terms that apply to all Acts and statutory instruments are set
out in pt 1.
Explanatory note
This amendment brings the heading and note into line with current drafting
practice by using ‘terms’ instead of ‘words and
expressions’.
[2.70] Dictionary,
part 2, definition of appointee, paragraph (a)
substitute
(a) for division 19.3.1 (Appointments—general)—see
section 207 (2); and
Explanatory note
This amendment is consequential on another amendment that changes the
heading to division 19.3.1.
[2.71] Dictionary,
part 2, definition of appointer, paragraph (a)
substitute
(a) for division 19.3.1 (Appointments—general)—see section
205; and
Explanatory note
This amendment is consequential on another amendment that changes the
heading to division 19.3.1.
[2.72] Dictionary,
part 2, definition of referential words
substitute
referential term means a term that identifies a provision as
a provision, or part of a provision, of the Act, statutory instrument or
provision in which it appears.
Examples
1 of this Act
2 of this section
3 hereof
4 said
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment brings the definition into line with current drafting
practice by using ‘term’ instead of ‘words’.
[2.73] Dictionary,
part 2, new definition of retrospectively
insert
retrospectively, for the commencement of
legislation—see section 75A (Meaning of commences
retrospectively).
Explanatory note
This amendment is consequential on another amendment that inserts new
section 75A.
Schedule
3 Technical
amendments
(see s 5)
Part
3.1 ACTEW/AGL Partnership Facilitation
Act 2000
omit
in addition to, and not in derogation of,
substitute
additional to, and do not limit,
Explanatory note
This amendment updates language.
after
are vested in
insert
a
Explanatory note
This amendment inserts a missing word.
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,
Explanatory note
This amendment updates language.
substitute
(1) The Minister, or a person appointed by the Minister, may certify in
writing that an asset, right or liability mentioned in the certificate has
vested under section 11 or section 13 in a person mentioned in the
certificate.
Note For the making of appointments (including acting appointments),
see Legislation Act, pt 19.3.
Explanatory note
This amendment brings the subsection into line with current drafting
practice. The reference to the appointment being made ‘in writing’
is omitted because the Legislation Act, section 206 provides that an appointment
must be made, or evidenced, in writing. This amendment also inserts a standard
note about appointments.
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,
Explanatory note
This amendment updates language.
substitute
36 Regulation of prices, access and other
matters
(1) In this section:
commencement means 6 April 2000.
ICRC Act means the Independent Competition and Regulatory
Commission Act 1997.
(2) A price direction under the ICRC Act, section 20 in effect on the
commencement applies to the joint venture entities as if a reference to ACTEW or
AGL in the price direction were a reference to ACTEW, AGL and the joint venture
entity that provides the service to which the price direction relates.
(3) An access agreement registered under the ICRC Act, part 5 in effect on
the commencement applies to the joint venture entities as if a reference to
ACTEW or AGL in the agreement were a reference to ACTEW, AGL and the joint
venture entity that owns, controls or operates the infrastructure facility to
which the access agreement relates.
(4) A determination under the ICRC Act, section 35 in effect on the
commencement applies to the joint venture entities as if a reference to ACTEW or
AGL in the determination were a reference to ACTEW, AGL and the joint venture
entity that provides the service the access for which is the subject of the
determination.
Explanatory note
This amendment brings the language and structure of the section more
closely into line with current drafting practice.
[3.7] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• asset
• corporation
• entity
• exercise
• function
• law, of the Territory
• notifiable instrument (see s 10)
• property
• State
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
Part
3.2 Administration (Interstate
Agreements) Act 1997
substitute
1 Name of Act
This Act is the Administration (Interstate Agreements) Act
1997.
Explanatory note
This amendment brings the naming section into line with current drafting
practice.
[3.9] Section
4, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment.
[3.10] Section
4, remainder
substitute
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary applies to the entire Act
unless the definition, or another provision of the Act, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard
provision explaining the status of notes.
insert
Dictionary
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Legislative Assembly
• Minister (see s 162)
• the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.3 Artificial Conception Act
1985
substitute
1 Name of Act
This Act is the Artificial Conception Act 1985.
Explanatory note
This amendment brings the naming section into line with current drafting
practice.
[3.13] Section
2, definition of adoptive parent
substitute
adoptive parent—see the Adoption Act 1993,
including especially section 4 (3).
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.14] Section
2, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment
[3.15] Section
2, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘adoptive
parent—see the Adoption Act 1993, including especially
section 4 (3).’ means that the term ‘adoptive parent’ is
defined in that Act and the definition applies to this Act.
Note 3 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard
provision explaining the status of notes.
omit
and includes
Explanatory note
This amendment corrects a minor drafting error.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• disallowable instrument (see s 9)
• Minister (see s 162)
• notifiable instrument (see s 10)
• Supreme Court
• the Territory.
associated person, in relation to a parentage order, for
division 3.4 (Access to information)—see section 19.
birth parent, of a prescribed child, for division 3.4 (Access
to information)—see section 19.
husband—see section 3.
identifying information, in relation to a parentage order for
division 3.4 (Access to information)—see section 19.
married woman—see section 3.
wife—see section 3.
Explanatory note
This amendment inserts a dictionary, signpost definitions (in line with
current drafting practice) and standard dictionary notes.
Part
3.4 Charitable Collections Act
2003
omit
(a primary offence)
Explanatory note
This amendment omits unnecessary words.
Part
3.5 Children and Young People Act
1999
substitute
1 Name of Act
This Act is the Children and Young People Act 1999.
Explanatory note
This amendment brings the naming section into line with current drafting
practice.
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘drug of
dependence—see the Drugs of Dependence Act 1989, section 3
(1).’ means that the term ‘drug of dependence’ is defined in
that subsection and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and 156).
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment brings the dictionary provision into line with current
drafting practice and includes a standard provision explaining the status of
notes.
omit
and powers
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
pt 1 defines function to include power and defines
exercise a function to include perform the function.
[3.22] Section
17 (1), definition of parental responsibility
substitute
parental responsibility, for a child or young person, means
all the duties, powers and responsibilities parents ordinarily have by law in
relation to their children.
Note Power includes authority (see Legislation Act, dict, pt
1).
Explanatory note
This amendment omits an unnecessary word. The Legislation Act, dictionary,
pt 1 defines power to include authority.
omit
appoint
substitute
give leave for
Explanatory note
This amendment brings the subsection into line with subsection (2), which
provides that a person may only be a litigation representative for a child or
young person with leave of the court.
omit everything before paragraph (a), substitute
26 Chief executive’s
functions
The chief executive has the following functions:
Explanatory note
This amendment updates a section heading consequential on the omission of
subsection (2) by another amendment.
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 196 (1). That section provides that a provision
of a law that gives a function to an entity also gives the entity the powers
necessary and convenient to exercise the function. The amendment also inserts a
standard note about the power to exercise functions.
substitute
34 Delegation by chief executive
The chief executive may delegate the chief executive’s functions
under this Act or an interstate law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision by removing the words
‘in writing’ because the Legislation Act, section 232 provides that
a delegation must be made, or evidenced, in writing.
‘Function’ is used instead of ‘power’ because
function is defined in the Legislation Act, dictionary, part 1 to
include authority, duty and power and is the drafting term used now.
A standard note about delegations is also added.
[3.27] Section
36 (1), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.28] Section
39 heading
substitute
39 Ending of appointments
Explanatory note
This amendment updates the heading, in line with current drafting
practice.
[3.29] Section
39, new note
insert
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment inserts a standard note about resignation of an
appointment.
[3.30] Section
41 (2), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
omit
Explanatory note
This amendment omits an unnecessary subsection that dealt with resignation.
The Legislation Act, section 210 provides that a person’s appointment also
ends if the person resigns.
[3.32] Section
41 (5), new note
insert
Note The official visitor’s appointment also ends if
the official visitor resigns (see Legislation Act, s 210).
Explanatory note
This amendment inserts a note because of the omission of section 41 (4) by
another amendment.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
substitute
48 Appointment of officers
(1) The chief executive may appoint a public servant as an officer for
this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) If, immediately before the commencement of this section, the duties of
an office in the public service included exercising the functions of an officer,
then, until the chief executive makes an appointment under subsection (1) in
relation to the office or the duties of the office cease to include exercising
the functions of an officer, a public servant for the time being exercising the
duties of the office is an officer.
(3) Subsection (2) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(4) Subsections (2) and (3) and this subsection expire 1 year after the
day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create
and maintain offices. The Legislation Act, section 207 provides that an
appointment may be made by naming the person appointed or by nominating the
occupant of a position (however described), at a particular time or from time to
time.
The amendment includes transitional arrangements that operate until new
appointments are made.
Standard notes about appointments are also inserted.
[3.35] Section
51 (1) (b) (ii)
substitute
(ii) cannot exercise the functions of the Childrens Court Magistrate for
another reason.
Explanatory note
This amendment changes a reference to ‘duties’ to
‘functions’. Function is defined in the Legislation
Act, dictionary, part 1 to include authority, duty and power.
Exercise a function is also defined there to include perform the
function.
substitute
Part 6.1 Interpretation for chapter
6
Explanatory note
This amendment substitutes a more specific part heading.
substitute
Part 6.2 Dealing with young offenders in
ACT
Explanatory note
This amendment substitutes a heading that better reflects the contents of
the part.
[3.38] Division
6.2.1 heading
substitute
Division 6.2.1 General provisions for part
6.2
Explanatory note
This amendment substitutes a more specific division heading.
[3.39] Section
79 (2) (a)
substitute
(a) unless 1 of the following adults (who is not a police officer) is
present:
(i) a person with parental responsibility for the young person;
(ii) a relative of the young person acceptable to the young
person;
(iii) a lawyer acting for the young person or some other suitable person
acceptable to the young person; or
Explanatory note
This amendment revises the paragraph to bring its structure into line with
current drafting practice.
[3.40] Section
85 heading
substitute
85 Detention of young people
generally
Explanatory note
This amendment is consequential on another amendment that inserts a new
section 85A.
omit
Explanatory note
This amendment is consequential on another amendment that inserts a new
section 85A.
insert
85A Taking young person to and from
court
(1) This section applies if a young person is detained at a place and it
is necessary to take the young person—
(a) from the place to a court; or
(b) from a court to the place.
(2) The young person must not be taken with an adult under detention
unless it is impracticable to avoid doing so.
(3) The young person must not be taken to the court and placed in a room
in which an adult is placed unless it is impracticable to avoid doing
so.
Explanatory note
This amendment remakes section 85 (5) as section 85A to bring it
structurally more closely into line with current drafting practice.
[3.43] Section
88 (2) and (3)
omit
a court
substitute
the Childrens Court
Explanatory note
This amendment changes the references to ‘a court’ to bring the
subsections into line with section 88 (1). That subsection presently refers to
‘the court’ (defined in the dictionary to mean the Childrens Court).
Another amendment changes the reference to ‘court’ in section 88 (1)
to state the full name of the Childrens Court, in line with current drafting
practice of using a name for the court that allows the reader to easily identify
which court is being referred to.
substitute
(1) Subject to this section and section 91 (Young person may elect to be
committed for trial), the Childrens Court may hear and decide a charge against a
young person summarily if—
(a) the charge is an indictable offence; and
(b) the court is of the opinion that the case can properly be disposed of
summarily.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the provision to bring it more closely into line with
current drafting practice.
substitute
90 Committal for trial in certain
cases
(1) This section applies if a young person is charged before the Childrens
Court with an indictable offence.
(2) The Childrens Court must deal with the charge in accordance with the
provisions of the Magistrates Court Act 1930 relating to indictable
offences if—
(a) the court has no power to hear and decide the charge summarily;
or
(b) the court has the power, but decides not to hear and decide the charge
summarily.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure and language of the provision to bring them more closely
into line with current drafting practice.
substitute
98 Disposition without proceeding to
conviction
(1) This section applies if the Childrens Court is satisfied that a charge
against a young person is proved but, having regard to the relevant criteria,
the court is of the opinion that it should not proceed to a
conviction.
(2) The Childrens Court must, as soon as practicable but in any event
within 6 months—
(a) dismiss the charge; or
(b) even though no conviction is entered, make 1 or more of the orders
mentioned in section 96 (1) (a), (b), (f), (g) or (h) (which is about the
disposition of young offenders).
(3) In this section:
relevant criteria means the following:
(a) the welfare of the young person;
(b) the facts of the case;
(c) the seriousness of the offence;
(d) the circumstances in which the offence was committed;
(e) the age of the young person;
(f) the apparent maturity of the young person;
(g) the apparent mental capacity of the young person;
(h) the health of the young person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
brings the structure of the section more closely into line with current drafting
practice.
substitute
103 Breach of certain orders for reparation or
compensation
(1) This section applies if—
(a) an order for reparation or compensation is made under section 96 (1)
(f) (Disposition of young offenders) in relation to a young offender in favour
of a person other than the Territory; and
(b) the young person in relation to whom the order is made fails to obey
the order.
(2) The Childrens Court may, at any time, by order served on the young
person or on a person with parental responsibility for the young person, direct
that the young person appear before the court at the time and place stated in
the order.
(3) If the young person does not appear before the Childrens Court as
directed, the court may issue a warrant for the apprehension of the young
person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the section to bring it more closely into line with
current drafting practice.
omit
a court
substitute
the Childrens Court
Explanatory note
This amendment changes a reference to ‘a court’ to bring the
subsection into line with section 104 (2) and (3). Those subsections presently
refer to ‘the court’ (defined in the dictionary to mean the
Childrens Court). Another amendment changes the references to
‘court’ in section 104 (2) and (3) to state the full name of the
Childrens Court, in line with the current drafting practice of using a name for
the court that allows the reader to easily identify which court is being
referred to.
[3.49] Section
105 (2) (b)
omit
this section
substitute
section 105A
Explanatory note
This amendment is consequential on another amendment to insert a new
section 105A.
[3.50] Section
105 (3) and (4)
omit
Explanatory note
This amendment is consequential on another amendment to insert a new
section 105A.
insert
105A Issue of warrant to enter and
inspect
(1) This section applies if an information on oath is laid before a
magistrate—
(a) alleging that there are reasonable grounds for suspecting
that—
(i) a young person who is the subject of a probation order is living on
premises other than with a person who has parental responsibility for the young
person; and
(ii) it is necessary in the interests of the young person for the premises
to be inspected and to meet and talk with the person; and
(b) setting out those grounds.
(2) The magistrate may issue a search warrant authorising the supervisor
of a young person, with reasonable and necessary assistance and force, to enter
the premises—
(a) to inspect the premises; and
(b) to meet and talk with the young person on the premises.
(3) However, a magistrate must not issue a warrant under this section
unless—
(a) the informant or someone else has given to the magistrate, either
orally or by affidavit, any further information the magistrate requires about
the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for
issuing the warrant.
Explanatory note
This amendment inserts a new section to remake section 105 (3) and (4) and
bring their structure more closely into line with current drafting
practice.
[3.52] Section
139 (2) (a)
substitute
(a) a police officer; or
Explanatory note
This amendment changes the reference to a member of the police force to
police officer, which is defined in the Legislation Act, dictionary, part 1
to mean a member or special member of the Australian Federal
Police.
[3.53] Section
146 (8) (b) (ii)
substitute
(ii) a police officer of the sending State;
Explanatory note
This amendment changes a reference to a member of the police force to
police officer, in line with current drafting practice.
[3.54] Section
159 (1) (b)
substitute
(b) a dentist; or
Explanatory note
This amendment updates a reference to ‘dentist’ which is now
defined in the Legislation Act, dictionary, part 1.
[3.55] Section
163 (3) (b)
omit
a duty, function or power
substitute
a function
Explanatory note
Function is defined in the Legislation Act, dictionary, part
1 to include authority, duty and power. Exercise a function is
also defined there to include perform the function.
omit
, in writing,
Explanatory note
This amendment omits unnecessary words. The Legislation Act, section 206
provides that an appointment must be made, or evidenced, in writing.
[3.57] Section
166 (1), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
Explanatory note
This amendment inserts standard notes about appointments.
substitute
(3) This division does not prevent the chief executive from taking action
under another division of this part or under part 7.3 (Care and protection
orders and emergency action) in relation to a child or young person.
Explanatory note
This amendment clarifies the application of section 174 (3) by changing the
reference to part 7.2 to other divisions of part 7.2. Section 174 is in
division 7.2.1.
substitute
(1) This section applies if—
(a) a conference has resulted in a signed agreement in relation to a child
or young person; and
(b) the agreement proposes that parental responsibility for the child or
young person—
(i) be transferred from a person to someone else (other than the chief
executive); or
(ii) be shared with a person (other than the chief executive) who would
not otherwise have it.
Note If a form is approved under s 416A
for an agreement, the form must be used.
(1A) The chief executive may apply to the Childrens Court to register the
signed agreement.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of subsection (1) to bring it more closely into line
with current drafting practice.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[3.61] Section
192 (1) and (2)
omit
commissioner of police
substitute
chief police officer
Explanatory note
This amendment changes ‘commissioner of police’ to ‘chief
police officer’ in accordance with current drafting practice. The
Legislation Act, dictionary, part 1 defines chief police officer
to be the police officer responsible to the commissioner of police for the
day-to-day administration and control of police services in the ACT.
omit
court’s
substitute
Childrens Court’s
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
omit 1st mention of
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to the first mention of the court
(defined in the dictionary to mean the Childrens Court) to state the full name
of the Childrens Court, in line with the current drafting practice of using a
name for the court that allows the reader to easily identify which court is
being referred to.
[3.64] Section
205 heading
substitute
205 When Childrens Court may make interim protection
order
Explanatory note
This amendment updates the section heading and is consequential on the
changes to references to the court to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
[3.65] Section
205A heading
substitute
205A When Childrens Court may make final protection
order
Explanatory note
This amendment updates the section heading and is consequential on the
changes to references to the court to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
substitute
(4) However, the Childrens Court
may extend or vary an order only if—
(a) the effect of the extension or variation does not make the total
period of the order extended or varied (including any extension, whether under
subsection (3) (d) or otherwise) longer than the relevant period; or
(b) the court is satisfied that there are exceptional circumstances that
justify the extension or variation.
(5) In subsection (4):
relevant period means—
(a) in relation to an assessment order or therapeutic protection
order—8 weeks; or
(b) in any other case—18 weeks.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of section 214 (4), in line with current
drafting practice.
omit
The court
substitute
The Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the
dictionary to mean the Childrens Court) to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
[3.68] Section
248 (2) (c) (i)
substitute
(i) the chief police officer; and
Explanatory note
This amendment changes ‘commissioner of police’ to ‘chief
police officer’ in accordance with current drafting practice. The
Legislation Act, dictionary, part 1 defines chief police officer
to be the police officer responsible to the commissioner of police for
the day-to-day administration and control of police services in the
ACT.
substitute
(5) If the Childrens Court gives a direction for service by a police
officer, the chief police officer must, when requested to do so by the
registrar, arrange for the document to be served by a police officer.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
This amendment also changes ‘commissioner of police’ to
‘chief police officer’ in accordance with current drafting practice.
The Legislation Act, dictionary, part 1 defines chief police
officer to be the police officer responsible to the commissioner of
police for the day-to-day administration and control of police services in the
ACT.
[3.70] Section
260 (2) (b)
substitute
(b) an order giving parental responsibility for the day-to-day and
long-term care, welfare and development of the child or young person to the
proposed carer while the order is in force.
Explanatory note
This amendment revises the language of the paragraph to bring it more
closely into line with current drafting practice.
substitute
(1) This section applies if, under a final care and protection order in
force for a period longer than 6 months in relation to a child or young
person—
(a) the chief executive has parental responsibility for the child or young
person; or
(b) the child or young person is subject to the supervision of the chief
executive.
(1A) The chief executive must give a report under this section to each of
the following people:
(a) the child or young person;
(b) each person with parental responsibility for the child or young
person;
(c) a carer caring for the child or young person;
(d) the community advocate;
(e) the Childrens Court.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the section to bring it more closely into line with
current drafting practice.
omit
subsection (1) (c), (d) or (e)
substitute
subsection (1A) (a), (b) or (c)
Explanatory note
This amendment is consequential on the previous amendment.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
substitute
(1) The chief executive may apply to the Childrens Court for an order
waiving the need to comply with section 267 (1A) in relation to someone
mentioned in section 267 (1A) (a), (b) or (c) if—
(a) the chief executive considers that to give the report to the person
would not be in the best interests of the child or young person; or
(b) the person cannot be found after reasonable inquiries.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the subsection to bring it more closely into line with
current drafting practice, and updates cross-references consequentially on
amendments of section 267.
substitute
(6) An application under subsection (1) may be heard in the absence of a
party.
Explanatory note
This amendment brings the language of the subsection more closely into line
with current drafting practice by substituting a plain English expression for
the Latin ex parte.
substitute
(1) The community advocate may apply to the Childrens Court for an order
requiring the chief executive to give a report to a person to whom a report is
required to be given under section 267 if the chief executive has
not—
(a) given the report in accordance with the section; and
(b) obtained an order waiving the requirement to give the report to the
person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the subsection to bring it more closely into line with
current drafting practice.
substitute
(4) The Childrens Court may extend the period of a final care and
protection order so that it ends not more than 1 month after the day the order
is made if—
(a) the court orders the chief executive to give a report in relation to
the final care and protection order; and
(b) the final care and protection order ends within a month after the day
the order is made.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the subsection, in line with current drafting practice,
and brings the language of the subsection more closely into line with section
269 (3).
[3.78] Section
271 heading
substitute
271 Childrens Court’s power in relation to
child or young person taken into safe custody
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
omit
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
[3.80] Section
273 heading
substitute
273 Childrens Court may inform itself of
child’s or young person’s wishes
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
omit
The court
substitute
The Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the
dictionary to mean the Childrens Court) to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
substitute
279 Hearing of applications in party’s
absence
If someone makes an application under this part, the person may, at the
same time, seek the leave of the Childrens Court to have the application heard
in the absence of any other party.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
This amendment also brings the language of the subsection more closely into
line with current drafting practice by substituting a plain English expression
for the Latin ex parte.
substitute
282 Joining parties—court
initiated
(1) If, in a proceeding on an application under this part, the Childrens
Court is satisfied that it should make an order binding on or affecting someone
who is not a party to the proceeding, the court may join that person as a party
to the proceeding.
(2) However, the court must allow the person a reasonable opportunity to
make representations to the court about why the order should not be
made—
(a) before making the order; or
(b) if, because of the urgency of the case it is not possible to do so
before making the order—within a reasonable time after making the
order.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the section to bring it more closely into line with
current drafting practice.
omit
(1) If the court makes
substitute
If the Childrens Court makes
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the subsection to omit an unnecessary subsection number.
substitute
(1) This section applies if, on application by a party to a proceeding or
on its own initiative, the Childrens Court is satisfied that a party to a
proceeding—
(a) has been improperly or unnecessarily joined; or
(b) has ceased to be a proper or necessary party.
(1A) The Childrens Court may—
(a) order that the party cease to be a party; and
(b) make any other orders or directions for the conduct of the proceeding
that the court considers appropriate.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
revises the structure of the section to bring it more closely into line with
current drafting practice.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[3.87] Section
299 (1), definition of Childrens Court
omit
Explanatory note
This amendment omits the definition of Childrens Court because of the
amendments made by this schedule. The term ‘Childrens Court’ will
be used consistently throughout the Act to refer to the ACT Childrens Court.
The definition is reinserted in another amendment as a definition of State
Childrens Court.
[3.88] Section
299 (1), new definition of State Childrens Court
insert
State Childrens Court, of a State, means the court with
jurisdiction to hear and decide a child care and protection proceeding in the
State at first instance.
Explanatory note
This amendment renames the Childrens Court for this chapter as the State
Childrens Court. The amendment is consequential on the use of Childrens Court
consistently throughout the Act to mean the ACT Childrens Court.
substitute
310 When Childrens Court may make order under pt
8.3
(1) The Childrens Court may make an order (the transfer
order) under this part transferring a child care and protection
proceeding pending in the court to the State Childrens Court of a participating
State if—
(a) the chief executive applies for the making of the order; and
(b) the relevant interstate officer has consented to the
transfer.
(2) The proceeding is discontinued in the Childrens Court when the
transfer order is registered in the State Childrens Court of the participating
State in accordance with the interstate law.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in
relation to a State as the State Childrens Court and changes the reference to
court (defined in the dictionary to mean the Childrens Court) to state the full
name of the Childrens Court, in line with the current drafting practice of using
a name for the court that allows the reader to easily identify which court is
being referred to.
omit
Childrens Court in
substitute
State Childrens Court of
Explanatory note
This amendment is consequential on the renaming of Childrens Court in
relation to a State as the State Childrens Court.
[3.91] Section
312 heading
substitute
312 Childrens Court to have regard to certain
matters
Explanatory note
This amendment updates the section heading and is consequential on the
changes to references to the court to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
omit
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the
dictionary to mean the Childrens Court) to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
[3.93] Sections
313 (4), 314 (1) and 316 (1)
omit
Childrens Court in
substitute
State Childrens Court of
Explanatory note
These amendments are consequential on the renaming of Childrens Court in
relation to a State as the State Childrens Court.
substitute
(1) An application for revocation of the registration of a document filed
under section 315 (Filing and registration of interstate documents) may be made
to the Childrens Court by—
(a) the chief executive; or
(b) the child or young person concerned; or
(c) someone with parental responsibility for the child or young person
concerned; or
(d) a party to the proceeding in the State Childrens Court in the sending
State in which the decision to transfer the order or proceeding was
made.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in
relation to a State as the State Childrens Court.
This amendment also changes the reference to the court (defined in the
dictionary to mean the Childrens Court) to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred
to.
[3.95] Section
318 (3) and (4)
substitute
(3) The Childrens Court may revoke the registration of a document filed
under section 315 only if satisfied that it was inappropriately registered
because, under the interstate law—
(a) the decision of the interstate officer or the order of the State
Childrens Court of the sending State to transfer the order or proceeding was
subject to appeal or review, or a stay, at the time of registration;
or
(b) the time for beginning an appeal or seeking a review had not
ended.
(4) The registrar of the Childrens Court must send each document filed
under section 315 to the State Childrens Court of the sending State if the
registration of the document is revoked.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in
relation to a State as the State Childrens Court.
This amendment also changes the reference to court (defined in the
dictionary to mean the Childrens Court) to state the full name of the Childrens
Court, in line with the current drafting practice of using a name for the court
that allows the reader to easily identify which court is being referred to. The
amendment also brings the language of the subsections more closely into line
with current drafting practice.
substitute
320 Transfer of Childrens Court
file
The registrar of the Childrens Court must send all documents filed in the
court in relation to a child care and protection proceeding, and an extract from
any part of the register that relates to a child care and protection proceeding,
to the State Childrens Court of a participating State if, under this
chapter—
(a) the child care and protection order or proceeding is transferred to
the State Childrens Court; and
(b) the transfer decision or order is not subject to appeal or review or a
stay; and
(c) the time for beginning an appeal or seeking a review has
ended.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court, in line
with the current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to. The amendment also
changes references to the Childrens Court in a participating State to the State
Childrens Court. In addition, the amendment brings the language of the section
more closely into line with current drafting practice.
[3.97] Sections
322 and 323
substitute
322 Deciding transferred
proceeding
In deciding a child care and protection proceeding transferred to the
Childrens Court under an interstate law, the court—
(a) is not bound by a finding of fact made in the proceeding in the State
Childrens Court of the sending State before its transfer; and
(b) may have regard to the transcript of, or evidence presented in, the
proceeding mentioned in paragraph (a).
323 Disclosure of information
(1) The chief executive may disclose to an interstate officer information
that has come to the chief executive’s notice in the exercise of functions
under this Act if the chief executive considers it necessary to disclose the
information to allow the interstate officer to exercise functions under a child
welfare law or an interstate law.
Note Function includes authority, duty and power (see
Legislation Act, dict, pt 1).
(2) This section has effect despite any other provision of this
Act.
Explanatory note
This amendment changes the reference in section 322 to court (defined in
the dictionary to mean the Childrens Court) to state the full name of the
Childrens Court, in line with the current drafting practice of using a name for
the court that allows the reader to easily identify which court is being
referred to. The amendment also changes references to Childrens Court to the
State Childrens Court.
In addition, the amendment omits unnecessary words from section 323 and
brings the language of the section more closely into line with current drafting
practice.
The Legislation Act, dictionary, part 1 defines function to
include power and defines exercise a function to include perform
the function.
[3.98] Section
330 (i) (ii)
substitute
(ii) a private hospital; or
Explanatory note
This amendment omits a reference to regulations that have been
repealed.
substitute
(3) In any proceeding in a court, evidence may be given about the grounds
contained in a report for the belief that this chapter or a condition of a
licence is being contravened.
(3A) However, the following evidence is admissible in a proceeding only if
the court in which the proceeding is brought gives leave for the evidence to be
given or if the person who made the report (the reporter) consents
in writing to the admission of the evidence:
(a) evidence that a particular matter is contained in a report;
(b) evidence that identifies the reporter or is likely to lead to the
identification of the reporter.
Explanatory note
This amendment brings the structure of the section more closely into line
with current drafting practice and clarifies the meaning of a reference to the
court.
[3.100] Section
353 (6) (b)
substitute
(b) in relation to a charge or allegation made in a proceeding against
someone in the exercise of his or her functions under this Act; or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines function to include authority, duty and power and
defines exercise a function to include perform the
function.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
[3.102] Sections
367, 370 (1), 371 (1) and 372
omit
this part
substitute
this chapter
Explanatory note
These amendments correct incorrect provision references.
[3.103] Section
378 heading
substitute
378 Ch 10 subject to certain provisions of Education
Act 1937
Explanatory note
This amendment corrects an incorrect provision reference.
omit
This part
substitute
This chapter
Explanatory note
This amendment corrects an incorrect provision reference.
omit
this part
substitute
this chapter
Explanatory note
This amendment corrects an incorrect provision reference.
[3.106] Section
380 (1) (a)
omit
part 6.2 (Within the Territory)
substitute
part 6.2 (Dealing with young offenders in ACT)
Explanatory note
This amendment is consequential on the amendment of the heading to part 6.2
by an earlier amendment.
[3.107] Sections
380 (5) and 382
omit
this part
substitute
this chapter
Explanatory note
These amendments correct incorrect provision references.
omit
or a judge sitting in chambers
Explanatory note
This amendment omits an outdated reference to a judge sitting in chambers.
The distinction between court and chambers has been abolished in the ACT (see
Supreme Court Act 1933, s 21).
omit
court
substitute
court hearing the charge
Explanatory note
This amendment clarifies a reference to the court.
omit
duty or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines function to include duty and defines
exercise a function to include perform the function.
[3.111] Section
407 (2) (a)
substitute
(a) an act done or omitted to be done honestly and without negligence by
the person in the exercise, or purported exercise, of a function under or in
relation to this Act; or
Explanatory note
This amendment updates language and omits unnecessary words. The
Legislation Act, dictionary, part 1 defines function to include
duty and defines exercise a function to include perform the
function.
omit
The Minister
substitute
(1) The Minister
Explanatory note
This amendment is consequential on the insertion of new section 412 (2) by
another amendment.
[3.113] New
section 412 (2)
insert
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Explanatory note
This amendment makes the declaration that a place is an attendance centre,
an institution or a shelter an instrument that must be publicly notified under
the Legislation Act.
substitute
(2) If the chief police officer, or a police officer authorised by the
chief police officer, believes on reasonable grounds that someone has suffered
loss because of an act or offence by the child or young person, the officer may
give the person the name, age and address of the child or young person and
particulars of the act or offence.
Explanatory note
This amendment changes references to the ‘commissioner of
police’ to the ‘chief police officer’ and updates language.
The Legislation Act, dictionary, part 1 defines chief police
officer to be the police officer responsible to the commissioner of
police for the day-to-day administration and control of police services in the
ACT.
omit
court
substitute
court that disposed of the charge
Explanatory note
This amendment clarifies a reference to the court.
[3.116] Section
417 (2) (a) and (b)
omit
for or with respect to
substitute
in relation to
Explanatory note
These amendments revise language in accordance with current drafting
practice. The Legislation Act, dictionary, part 1, defines in relation
to to include ‘for or with respect to’.
omit
The Minister
substitute
(1) The Minister
Explanatory note
This amendment is consequential on the next amendment.
[3.118] New
section 418 (2)
insert
(2) This section expires on 10 May 2004.
Explanatory note
This amendment includes an expiry for a section with transitional effect,
bringing it into line with current drafting practice.
[3.119] Dictionary,
heading
substitute
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• administrative appeals tribunal
• chief executive (see s 163)
• disallowable instrument (see s 9)
• Executive
• individual
• lawyer
• mental health tribunal
• Minister (see s 162)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• police officer
• State
• the Territory
• working day.
Explanatory note
This amendment updates the cross-reference to the dictionary section and
inserts standard dictionary notes.
[3.120] Dictionary,
definition of body
substitute
body includes an agency or organisation.
Explanatory note
This amendment brings the language of the definition more closely into line
with current drafting practice.
[3.121] Dictionary,
definition of Childrens Court
substitute
Childrens Court—see section 53.
Explanatory note
This amendment is consequential on an amendment to section 299 omitting the
definition of Childrens Court.
[3.122] Dictionary,
definition of court
omit
Explanatory note
This amendment omits the definition of court in line with the
current drafting practice of using a name for the court that allows the reader
to easily identify which court is being referred to.
[3.123] Dictionary,
definition of mental health tribunal
omit
Explanatory note
This amendment omits a definition of a term now defined in the Legislation
Act, dictionary, part 1.
[3.124] Dictionary,
new definition of State Childrens Court
insert
State Childrens Court, for chapter 8—see section
299.
Explanatory note
This amendment inserts a signpost definition for State Childrens
Court in accordance with current drafting practice.
[3.125] Dictionary,
definition of working day
omit
Explanatory note
This amendment omits a definition of a term now defined in the Legislation
Act, dictionary, part 1.
[3.126] Further
amendments, mentions of court
omit
court
substitute
Childrens Court
in the following provisions:
• section 23 (1) (b), (2) and (3)
• section 24 (1) (1st mention)
• sections 24 (2) (b) (i), (3) and (4) and 25 (1)
• section 25 (2) (1st mention)
• sections 54 (1) and 56 (2)
• section 57 (1st mention)
• section 59
• section 60 (1) (1st mention)
• section 60 (2) (b)
• section 60 (3) (1st mention)
• section 60 (4) (1st mention)
• section 61 (1st mention)
• sections 62 and 69 (1)
• section 69 (2) (1st mention)
• section 69 (3) (1st mention)
• section 75 (1) (1st mention)
• section 75 (2) (1st mention)
• section 75 (3) (1st mention)
• section 75 (4)
• section 75 (6) (1st mention)
• section 75 (8) (1st mention)
• sections 83 (1) (c) and 87
• section 88 (1) (1st mention)
• section 89 (3) (1st mention)
• section 91
• section 95 (1) (1st mention)
• section 95 (2) and (3)
• section 95 (4) (1st mention)
• section 95 (6)
• section 96 (1) (1st mention)
• section 97
• section 99 (1) (1st mention)
• section 99 (2)
• section 100 (1st mention)
• section 101 (1) and (2)
• section 101 (3) (1st mention)
• sections 102 (1) and (2), 104 (2), (3) and (4), 106 (3) and (6) and
107 (6)
• section 109 (1) (1st mention)
• section 109 (2) (1st mention)
• section 109 (3) and (4)
• section 109 (5) (1st mention)
• sections 109 (6), 110 (3) and (6), 111 (6) and 114
• section 116 (2) (1st mention)
• section 116 (3) (1st mention)
• section 116 (4) (1st mention)
• section 116 (5) (a)
• section 117 (1) (1st mention)
• section 117 (2) (d)
• section 117 (3) (1st mention)
• section 117 (4)
• section 117 (5) (1st mention)
• section 118 (1) (a) and (2)
• section 118 (3) (1st mention)
• sections 118 (4) and 124 (1)
• section 124 (2) (1st mention)
• sections 124 (3) and 125 (1) and (2)
• section 127 (1st mention)
• section 128 (3)
• section 128 (4) (1st mention)
• sections 135 (1) (d) and (4) (d), 148 (1), 153 (1), 154
• section 163 (3) (a) (1st and last mention)
• sections 176, 177, 178 (3), 187 (2) (b) and (3), 193, 196 (1) and
(2) and 199 (1)
• section 199 (2) (1st mention)
• sections 199 (3), 201 (2), 202 and 203
• section 205 (1) (1st mention)
• section 205 (2) and example
• section 205A (1)
• section 205A (2) (1st mention)
• sections 206 (2) and (4) and 207 (2)
• section 207 (3) (1st mention)
• sections 211, 212, 214 (2) and 214 (3) (b)
• section 215
• section 217 (2) (1st mention)
• section 218
• section 220 (b) (1st mention)
• section 225 (1) (b)
• section 225 (2) (1st mention)
• section 226 (1) (c)
• section 228 (1) (1st mention)
• sections 231 and 235 (1)
• section 235 (2) (1st mention)
• section 236 (1)
• section 236 (2) (1st mention)
• sections 236 (3) and 239
• section 240 (1) (1st mention)
• section 246 (1) and (3) (e) (ii) and (h)
• section 248 (2) (1st mention)
• section 248 (3) (1st mention)
• section 248 (4) (1st mention)
• sections 249 and 251
• section 252 (1) (1st mention)
• sections 252 (2), (3) and (4), 253, 254, 255, 258, 259 (3),
260 (1) and 261
• section 263 (1) (1st mention)
• section 263 (2)
• section 263 (3) (1st mention)
• section 263 (4) (a)
• section 264 (1) (1st mention)
• sections 264 (2), (3), (4) and (5) and 265 (1)
• section 265 (2) (1st mention)
• section 265 (3) (1st mention)
• sections 268 (3) and (5)
• section 269 (3) (1st mention)
• section 270 (4)
• section 270 (5) (1st mention)
• section 272 (1st mention)
• sections 274
• section 277 (1st mention)
• section 278
• section 280 (1) (d) (i)
• section 281 (1st mention)
• sections 283, 285 (2) and 286
• section 287 (1) (1st mention)
• section 287 (2), (3) and (4)
• section 288 (2) (1st mention)
• section 289 (1) (1st mention)
• sections 289 (2), 290 and 291 (1) and (2)
• section 292 (1) (1st mention)
• section 292 (2) (1st mention)
• section 292 (3) (1st mention)
• section 292 (5) (1st mention)
• section 293 (1)
• section 293 (2) (1st mention)
• section 294 (1st mention)
• sections 295 (1), 296 (1) and 304
• section 306 (1) (1st mention)
• sections 306 (2), (3), (4) and (5) (b), 307 and 308
• section 313 (1) (1st mention)
• section 315
• section 317 (1) (1st mention)
• section 317 (2) (1st mention)
• sections 317 (3), 319 (1), 321 and 380 (1)
Explanatory note
This amendment changes the reference to court (defined in the dictionary to
mean the Childrens Court) to state the full name of the Childrens Court in line
with current drafting practice of using a name for the court that allows the
reader to easily identify which court is being referred to.
Part
3.6 Confiscation of Criminal Assets
Act 2003
[3.127] Section
80, definition of benefits, paragraphs (a) and (b)
substitute
(a) tainted property, except tainted property that was used, or was
intended by the offender to be used, in relation to the commission of an
offence, and property derived by anyone from that property; or
(b) artistic profits allowed under section 81 (3) in relation to the
offence; or
Explanatory note
This amendment substitutes the disjunctive ‘or’ for the
conjunctive ‘and’ at the end of each of the paragraphs of a
‘means’ definition in accordance with current drafting practice.
Each paragraph of the definition clearly provides an alternative (rather than
cumulative) meaning of the defined term.
Part
3.7 Criminal Code
2002
omit
In this Act:
substitute
(1) In this Act:
Explanatory note
This amendment is consequential on the next amendment.
[3.129] New
section 10 (2)
insert
(2) This section expires on the default application date.
Explanatory note
This amendment is in line with current drafting practice of providing for
the expiry of transitional provisions when they are spent.
Part
3.8 Drugs in Sport Act
1999
omit
confer functions and powers on
substitute
give functions to
Explanatory note
This amendment brings the language of the long title more closely into line
with current drafting practice. Function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and
power.
[3.131] Section
3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment.
[3.132] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary applies to the entire Act
unless the definition, or another provision of the Act, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
Explanatory note
This amendment inserts a standard dictionary provision.
[3.133] Section
6 heading
substitute
6 Giving of functions to ASDA
Explanatory note
This amendment brings the language of the section’s heading into line
with current drafting practice. Function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and
power.
omit
and powers
Explanatory note
This amendment omits unnecessary words. Function is defined
in the Legislation Act, dictionary, part 1 to include authority, duty and
power.
omit
, functions and powers
substitute
and functions
Explanatory note
This amendment omits unnecessary words. Function is defined
in the Legislation Act, dictionary, part 1 to include authority, duty and
power.
[3.136] Section
6 (4) (b)
substitute
(b) section 8 (Agreement with ASDA about exercise of functions under
Act).
Explanatory note
This amendment is consequential on the amendment of the heading to section
8 by the next amendment.
substitute
8 Agreement with ASDA about exercise of functions
under Act
(1) The Minister may enter into an agreement with ASDA about the exercise
of its functions under this Act.
(2) The agreement may provide that ASDA must exercise its functions under
this Act as provided under the agreement.
Explanatory note
This amendment brings the language of the section more closely into line
with current drafting practice. Function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and
power.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Commonwealth
• Executive
• exercise
• Federal Court
• function.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.9 Financial Management Act
1996
after
may
insert
, in writing,
Explanatory note
The Legislation Act defines an instrument as any writing or other document.
The insertion of ‘in writing’ ensures that financial management
guidelines fall within that definition (see Legislation Act, s 14 (1)) and will
be disallowable instruments as envisaged by the Financial Management Act
1996, section 67 (2).
Part
3.10 First Home Owner Grant Act
2000
[3.140] Section
3, note 1
omit
For example, the signpost definition ‘identity
card—see the Taxation Administration Act 1999, section 3
(1)’ means that the term ‘identity card’ is defined in section
3 (1) of that Act and the definition applies to this Act.
substitute
For example, the signpost definition ‘identity
card—see the Taxation Administration Act 1999,
dictionary.’ means that the term ‘identity card’ is defined in
that dictionary and the definition applies to this Act.
Explanatory note
This amendment updates a reference consequential on another amendment to
insert a dictionary in the Taxation Administration Act 1999.
[3.141] Dictionary,
definition of identity card
substitute
identity card—see the Taxation Administration Act
1999, dictionary.
Explanatory note
This amendment updates a reference consequential on another amendment to
insert a dictionary in the Taxation Administration Act 1999.
Part
3.11 Gaming Machine Act
1987
[3.142] Section
4, definition of bar-room
substitute
bar-room—see the Liquor Act 1975,
dictionary.
Explanatory note
This amendment updates a cross-reference.
[3.143] Section
4, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment.
[3.144] Section
4, remainder
substitute
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘bar-room—see the Liquor Act 1975,
dictionary.’ means that the term
‘bar-room’ is defined in that dictionary
and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard
provision explaining the status of notes.
omit
30C (g)
substitute
30C (1) (f)
Explanatory note
This amendment updates a cross-reference that was not updated following the
amendment of section 30C by the Gaming Machine Amendment Act 2000,
section 7 and the subsequent renumbering of paragraphs in the next
republication.
omit
the commencement of the Gaming Machine (Amendment) Act 1993, section
18
substitute
1 November 1993
Explanatory note
This amendment substitutes the actual date of commencement of the Gaming
Machine (Amendment) Act 1993, section 18.
substitute
(2) A return must be in writing.
Note If a form is approved under the Gambling and Racing Control
Act 1999, s 53D for a return, the form must be used.
Explanatory note
This amendment makes it clear that the return is in a form approved for a
gaming law under the Gambling and Racing Control Act 1999, s 53D rather
than independently under the Gaming Machine Act 1987.
insert
Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Commonwealth
• Corporations Act
• disallowable instrument (see s 9)
• Executive
• financial year
• Legislative Assembly
• month
• the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.12 Health Professionals (Special
Events Exemptions) Act 2000
[3.149] Section
3, definition of restricted substance, paragraph (a)
omit
schedule 4;
substitute
schedule 4; or
Explanatory note
This amendment inserts an ‘or’ at the end of a paragraph in
accordance with current drafting practice.
[3.150] Section
3, definition of special event
substitute
special event means an event that is declared to be a special
event under section 5 (1).
Explanatory note
This amendment converts the definition from a signpost definition in
accordance with current drafting practice.
[3.151] Section
3, definition of supply
substitute
supply—see the Poisons and Drugs Act 1978,
dictionary.
Explanatory note
This amendment adds ‘dictionary’ to the end of the definition,
in line with current drafting practice, so that the definition can be more
easily located.
[3.152] Section
3, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment.
[3.153] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘drugs and poisons
standard—see the Poisons and Drugs Act 1978,
dictionary.’ means that the term ‘drugs and poisons
standard’ is defined in that dictionary and
the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
Explanatory note
This amendment inserts a standard dictionary provision.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• dental prosthetist
• dental technician
• dentist
• doctor
• Minister (see s 162)
• notifiable instrument (see s 10)
• nurse
• penalty unit (see s 133)
• pharmacist.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.13 Long Service Leave (Contract
Cleaning Industry) Act 1999
insert
2A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard provision about notes.
substitute
9 Delegation by board
The board may delegate the board’s functions to a public
servant.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision by removing the words
‘in writing’ because the Legislation Act, section 232 provides that
a delegation must be made, or evidenced, in writing. Also, the reference to the
‘common seal’ of the board is unnecessary because the signature of a
person authorised by the board for the purpose of making a delegation is taken
to be the signature of the board (see Legislation Act, section 199
(2)).
Function is defined in the Legislation Act, dictionary, part
1 to include authority, duty and power.
A standard note about delegations is also added.
substitute
11 Term of appointment of
members
A member is appointed for a term of not longer than 5 years.
Explanatory note
This amendment remakes the section to omit an unnecessary subsection and
note. The Legislation Act, section 206 (2) provides if a law provides for a
maximum term of appointment, the instrument of appointment must state the period
for which the appointment is made.
[3.158] Section
13 heading
substitute
13 Ending of appointment
Explanatory note
This amendment updates the heading in line with current drafting
practice.
[3.159] Section
13, new note
insert
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment updates the section by inserting a standard note about
resignation. The Legislation Act, section 210 provides that a person’s
appointment also ends if the person resigns.
[3.160] Sections
19 and 20
substitute
19 Long Service Leave Registrar
(1) The chief executive must appoint a public servant as Long Service
Leave Registrar.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) The registrar has the functions given under this Act or another
Territory law.
(3) Until the chief executive makes an appointment under
subsection (1), the registrar is the public servant for the time being
exercising the duties of the public service office the duties of which include
exercising the functions of the registrar.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
20 Deputy Long Service Leave
Registrar
(1) The chief executive must appoint a public servant as Deputy Long
Service Leave Registrar.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) The deputy registrar may exercise any function of the registrar,
subject to any direction of the registrar.
(3) Until the chief executive makes an appointment under subsection (1),
the deputy registrar is the public servant for the time being exercising the
duties of the public service office the duties of which include exercising the
functions of the deputy registrar.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
Explanatory note
This amendment remakes the sections and removes the requirement that the
chief executive must create and maintain offices for a registrar and deputy
registrar in the public service. The Legislation Act, section 207
provides that an appointment may be made by naming the person appointed or by
nominating the occupant of a position (however described), at a particular time
or from time to time.
The amendment includes transitional arrangements that operate until new
appointments are made.
The amendment also inserts standard notes about appointments in each of the
sections.
Part
3.14 Magistrates Court Act
1930
substitute
1 Name of Act
This Act is the Magistrates Court Act 1930.
Explanatory note
This amendment brings the naming section into line with current drafting
practice.
[3.162] Section
116H (1) (a), (2) (a) and (3)
omit
116A (3)
substitute
116AA (1)
Explanatory note
This amendment updates a cross-reference.
Part
3.15 Magistrates Court Rules
1932
substitute
Part 6 Australian register of
judgments
31 Entry of Australian judgments in
register
A judgment required to be registered in the court under the Service and
Execution of Process Act 1992 (Cwlth), section 105 (Enforcement of
judgments) must be entered in the Australian register of judgments kept by the
registrar.
Explanatory note
This amendment updates part 6 of the rules to bring it into line with the
Service and Execution of Process Act 1992 (Cwlth), section 105
(Enforcement of judgments).
omit
Explanatory note
This amendment omits a redundant part. All former New South Wales Acts in
force in the ACT have been fully assimilated into ACT law (see Legislation Act,
dict, pt 1, def former NSW Act).
Part
3.16 Prisoners (International
Transfer) Act 1999
[3.165] Section
4, definition of function
omit
Explanatory note
This amendment omits a redundant definition. Function is
defined in the Legislation Act, dictionary, part 1 to include authority, duty or
power.
[3.166] Section
4, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment
[3.167] Section
4, remainder
substitute
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary applies to the entire Act
unless the definition, or another provision of the Act, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4A Terms defined in Commonwealth
Act
A term defined in the Commonwealth Act has the same meaning in this
Act.
4B Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision, remakes an
interpretative provision in accordance with current drafting practice and
inserts a standard notes provision.
[3.168] Section
5 heading
substitute
5 Minister’s functions
Explanatory note
This amendment updates the heading in line with current drafting
practice.
[3.169] Section
6 heading
substitute
6 Functions of prison officers, police officers and
others
Explanatory note
This amendment updates the heading in line with current drafting
practice.
insert
Dictionary
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Australia
• Commonwealth
• Executive
• Federal Court
• function
• Minister (see s 162)
• State
• the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.17 Protection Orders Act
2001
[3.171] Section
32 (1) (b)
omit
section 205 (When may the court make a protection order?)
substitute
section 205 (When Childrens Court may make interim protection
order)
Explanatory note
This amendment is consequential on the amendment of the heading to the
Children and Young People Act 1999, section 205 by an earlier
amendment.
Part
3.18 Public Health Act
1997
[3.172] Section
101 (2) (a) and (b)
substitute
(a) commences—
(i) on the day after its notification day; or
(ii) if a later commencement day is stated in the declaration—on the
day stated; and
(b) remains in force—
(i) for a stated period of not longer than 6 months; or
(ii) if no period is stated in the declaration—for 6 months
beginning on its notification day.
Explanatory note
This amendment restructures paragraphs, and provides for the declaration to
commence on the day after it is notified on the legislation register (or later),
in line with the commencement rules for registrable instruments in the
Legislation Act, section 73.
This amendment also provides for a declaration to automatically remain in
force for 6 months if the declaration does not state a period for which it
is to remain in force. The amendment will provide for greater administrative
certainty.
[3.173] Section
121 (3) (b)
substitute
(b) for a public health officer—his or her authorisation under
section 12A (1) and identity card; or
Explanatory note
This amendment updates a cross-reference and makes the language more
precise.
[3.174] Section
121 (4), definition of authorised person, paragraph
(b)
omit
14 (2)
substitute
12A (1)
Explanatory note
This amendment updates a cross-reference.
[3.175] Dictionary,
definitions of occupier
substitute
occupier—
(a) for this Act (other than part 5)—of a place,
includes—
(i) an owner of the place; and
(ii) a person in charge of the place; and
(iii) a person authorised to be present at the place as an agent of an
occupier, owner or person in charge of the place; and
(b) for part 5 (Inspection and analysis)—see section 75.
Explanatory note
This amendment combines the 2 definitions of
occupier.
Part
3.19 Public Sector Management Act
1994
[3.176] Section
3, definition of Territory instrumentality, paragraph
(e)
omit
subsection (2)
substitute
section 3A
Explanatory note
This amendment updates a cross-reference.
[3.177] Schedule
3, amendment 3.19, new section 57A (1) (a)
omit
employers
substitute
employees
Explanatory note
This amendment corrects a minor drafting error.
Part
3.20 Race and Sports Bookmaking Act
2001
[3.178] Dictionary,
definition of controlling body
substitute
controlling body—see the Racing Act 1999,
dictionary.
Explanatory note
This amendment updates a reference consequential on another amendment to
insert a dictionary in the Racing Act 1999.
Part
3.21 Racing Act
1999
substitute
1 Name of Act
This Act is the Racing Act 1999.
Explanatory note
This amendment brings the naming section into line with current drafting
practice.
[3.180] Section
3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment
[3.181] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘licensed
racecourse—section 5.’ means that the term ‘licensed
racecourse’ is defined in that section and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard
provision explaining the status of notes.
omit
Explanatory note
This amendment omits a spent provision in line with current drafting
practice. The omission does not end the transitional effect of section 5 (2)
(see Legislation Act, s 88 (1)).
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 196 (1). That section provides that a provision
of a law that gives a function to an entity also gives the entity the powers
necessary and convenient to exercise the function. The amendment also inserts a
standard note about the power to exercise functions.
substitute
17 Delegation by racing club
The racing club may delegate its functions under this Act to a member,
officer or employee of the racing club.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
• the word ‘any’ (of the club’s functions) is
omitted because the Legislation Act, section 234 provides that the delegation
instrument may provide that the delegation has effect in stated circumstances or
subject to stated conditions, limitations or directions or that all of the
function, or a stated part of the function, is delegated;
• the word ‘powers’ is omitted because
function is defined in the Legislation Act, dictionary, part 1 to
include authority, duty and power, and is the drafting term used now;
• the words ‘except this power of delegation’ are omitted
because the Legislation Act, section 236 provides that the person who can
delegate cannot delegate the power to delegate unless the legislation creating
the power to delegate states that it can be;
• the words ‘A delegation under this section may be revoked at
any time’ are unnecessary because the Legislation Act, section 237
provides that the person who has delegated can amend or revoke the delegation in
whole or part;
• the words ‘and does not derogate from the power of the racing
club to act itself in any matter’ are unnecessary because the Legislation
Act, section 240 provides that the person who has delegated a function can
exercise the delegated function.
This amendment also inserts a standard note about delegations.
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 196 (1). That section provides that a provision
of a law that gives a function to an entity also gives the entity the powers
necessary and convenient to exercise the function. The amendment also inserts a
standard note about the power to exercise functions
substitute
23 Delegation by harness club
The harness club may delegate its functions under this Act to a member,
officer or employee of the harness club.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
• the word ‘any’ (of the club’s functions) is
omitted because the Legislation Act, section 234 provides that the delegation
instrument may provide that the delegation has effect in stated circumstances or
subject to stated conditions, limitations or directions or that all of the
function, or a stated part of the function, is delegated;
• the word ‘powers’ is omitted because
function is defined in the Legislation Act, dictionary, part 1 to
include authority, duty and power, and is the drafting term used now;
• the words ‘except this power of delegation’ are omitted
because the Legislation Act. section 236 provides that the person who can
delegate cannot delegate the power to delegate unless the legislation creating
the power to delegate states that it can be;
• the words ‘A delegation under this section may be revoked at
any time’ are unnecessary because the Legislation Act, section 237
provides that the person who has delegated can amend or revoke the delegation in
whole or part;
• the words ‘and does not derogate from the power of the
harness club to act itself in any matter’ are unnecessary because the
Legislation Act, section 240 provides that the person who has delegated a
function can exercise the delegated function.
This amendment also inserts a standard note about delegations.
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 196 (1). That section provides that a provision
of a law that gives a function to an entity also gives the entity the powers
necessary and convenient to exercise the function. The amendment also inserts a
standard note about the power to exercise functions.
substitute
29 Delegation by greyhound club
The greyhound club may delegate its functions under this Act to a member,
officer or employee of the greyhound club.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
• the word ‘any’ (of the club’s functions) is
omitted because the Legislation Act, section 234 provides that the delegation
instrument may provide that the delegation has effect in stated circumstances or
subject to stated conditions, limitations or directions or that all of the
function, or a stated part of the function, is delegated;
• the word ‘powers’ is omitted because
function is defined in the Legislation Act, dictionary, part 1 to
include authority, duty and power, and is the drafting term used now;
• the words ‘except this power of delegation’ are omitted
because the Legislation Act. section 236 provides that the person who can
delegate cannot delegate the power to delegate unless the legislation creating
the power to delegate states that it can be;
• the words ‘A delegation under this section may be revoked at
any time’ are unnecessary because the Legislation Act, section 237
provides that the person who has delegated can amend or revoke the delegation in
whole or part;
• the words ‘and does not derogate from the power of the
greyhound club to act itself in any matter’ are unnecessary because the
Legislation Act, section 240 provides that the person who has delegated a
function can exercise the delegated function.
This amendment also inserts a standard note about delegations.
substitute
(b) to exercise the functions given to the tribunal by this Act or another
Act.
Explanatory note
This amendment brings the paragraph into line with current drafting
practice. The Legislation Act, dictionary, part 1 defines
exercise a function to include perform the function, and is the
drafting term used now.
substitute
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 196 (1). That section provides that a provision
of a law that gives a function to an entity also gives the entity the powers
necessary and convenient to exercise the function. The amendment also inserts a
standard note about the power to exercise functions.
substitute
(a) by a lawyer; or
Explanatory note
This amendment replaces a reference to ‘legal practitioner’
with ‘lawyer’, in line with current drafting practice.
Lawyer is defined in the Legislation Act, dictionary, part
1.
substitute
62 Immunity from liability
A member of the tribunal is not civilly liable for an act or omission done
honestly in the exercise, or purported exercise, of a function under this
Act.
Explanatory note
This amendment updates language and brings the section into line with
current drafting practice. In particular—
• ‘performance’ is omitted, because
exercise a function is defined in the Legislation Act, dictionary,
part 1 to include perform the function. It is the drafting term that is now
used in relation to functions; and
• ‘powers’ is omitted, because function is
defined in the Legislation Act, dictionary, part 1 to include authority, duty
and power, and is the drafting term used now.
[3.194] Schedule
1, clause 1 (1), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.195] Schedule
1, clause 1 (2)
omit
legal practitioners
substitute
lawyers
Explanatory note
This amendment replaces a reference to ‘legal practitioners’
with ‘lawyers’, in line with current drafting practice.
Lawyer is defined in the Legislation Act, dictionary, part
1.
[3.196] Schedule
1, clause 1 (4)
substitute
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 208. That section provides that a person may be
reappointed to a position if the person is eligible to be appointed to the
position. This amendment also inserts a standard note about section
208.
[3.197] Schedule
1, clause 2 (4)
omit
Explanatory note
This amendment omits a provision that is unnecessary because of the
Legislation Act, section 225. That section states that an acting appointment is
not affected by a defect etc.
[3.198] Schedule
1, clauses 3, 4 and 5
substitute
3 Term of office
A member of the tribunal must be appointed for a term not longer than 3
years.
4 Ending of appointment
(1) The Minister must end the appointment of a member of the tribunal if
the member—
(a) ceases to be eligible for membership in the relevant capacity;
or
(b) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(c) fails to disclose an interest as required by clause 7.
(2) The Minister may end the appointment of a member of the tribunal for
misbehaviour or physical or mental incapacity.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment updates the clauses and omits unnecessary
provisions.
New clause 3 does not include the words ‘specified in the instrument
of appointment’. This is because the Legislation Act, section 206 (2)
states that, if a law provides for a maximum period of appointment, the period
of appointment must be stated in the instrument of appointment.
New clause 4 is remade in an updated form. The existing clause 4 (1) (a)
dealt with resignation. This is unnecessary, because the Legislation Act,
section 210 provides that a person’s appointment also ends if the person
resigns. A standard note to this effect is inserted in the clause.
Existing clause 5 is unnecessary because the entitlements of members of the
tribunal are subject to determinations of the Remuneration Tribunal under the
Remuneration Tribunal Act 1995.
[3.199] Schedule
2, clause 1, new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.200] Schedule
2, clauses 2, 3 and 4
substitute
2 Term of office
An assessor must be appointed for a term not longer than 3 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
3 Ending of appointments
(1) The Minister must end the appointment of an assessor if the assessor
fails to disclose an interest as required by clause 5.
(2) The Minister may end the appointment of an assessor for misbehaviour
or physical or mental incapacity.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment updates the clauses and omits unnecessary
provisions.
New clause 2 does not include the words ‘specified in the instrument
of appointment, and is eligible for re-appointment’. This is because the
Legislation Act, section 206 (2) states that, if a law provides for a maximum
period of appointment, the period of appointment must be stated in the
instrument of appointment. The Legislation Act, section 208 provides that a
person may be reappointed to a position if the person is eligible to be
appointed to the position. A standard note about section 208 is also
inserted.
Existing clause 3 (1) (a) deals with resignation. This is unnecessary,
because the Legislation Act, section 210 provides that a person’s
appointment also ends if the person resigns. A standard note to this effect is
inserted in the clause.
The existing clause 4 (1) (a) dealt with resignation. This is unnecessary,
because the Legislation Act, section 210 provides that a person’s
appointment also ends if the person resigns. A standard note to this effect is
inserted in the clause
Existing clause 4 is unnecessary because the entitlements of assessors are
subject to determinations of the Remuneration Tribunal under the Remuneration
Tribunal Act 1995.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Legislative Assembly
• Minister (see s 162)
• penalty unit (see s 133).
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.22 Sale of Motor Vehicles Act
1977
[3.202] Sections
5 and 5A
substitute
5 Registrar of Motor Vehicles
(1) The chief executive must appoint a public servant as Registrar of
Motor Vehicles.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
(2) Until the chief executive makes an appointment under subsection (1),
the registrar is the public servant for the time being exercising the duties of
the public service office the duties of which include exercising the functions
of the registrar.
(3) Subsection (2) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(4) Subsections (2) and (3) and this subsection expire 1 year after the
day this section commences.
5A Deputy Registrar of Motor
Vehicles
(1) The chief executive must appoint a public servant as Deputy Registrar
of Motor Vehicles.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
(2) The deputy registrar may exercise any function of the registrar,
subject to any direction of the registrar.
(3) Until the chief executive makes an appointment under subsection (1),
the deputy registrar is the public servant for the time being exercising the
duties of the public service office the duties of which include exercising the
functions of the deputy registrar.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create
and maintain offices for the registrar and deputy registrar in the public
service. The Legislation Act, section 207 provides that an appointment may be
made by naming the person appointed or by nominating the occupant of a position
(however described), at a particular time or from time to time.
The amendment includes transitional arrangements that operate until new
appointments are made.
The amendment also inserts standard notes about appointments in each of the
sections.
substitute
5B Inspectors
(1) The chief executive may appoint a public servant as an inspector for
this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) The following are also inspectors:
(a) the registrar;
(b) the deputy registrar;
(c) a police officer of or above the rank of sergeant;
(d) a police officer below the rank of sergeant nominated in writing by
the chief police officer for this Act.
(3) If, immediately before the commencement of this section, the duties of
an office in the public service included exercising the functions of an
inspector, then, until the chief executive makes an appointment under subsection
(1) in relation to the office or the duties of the office cease to include
exercising the functions of an inspector, a public servant for the time being
exercising the duties of the office is an inspector.
(4) Subsection (3) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(5) Subsections (3) and (4) and this subsection expire 1 year after the
day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create
and maintain offices for inspectors in the public service. The Legislation Act,
section 207 provides that an appointment may be made by naming the person
appointed or by nominating the occupant of a position (however described), at a
particular time or from time to time.
This amendment also—
• removes the reference in existing subsection (3) (now new s (2)) to
‘a public servant for the time being exercising the functions of a public
service office’ (ie an acting inspector) as a consequence of the amendment
described above and because the Legislation Act, section 220 provides that a
person acting in a position has, subject to the instrument making or evidencing
the appointment, all the functions of the occupant of the position;
and
• changes the reference in existing subsection (3) to a member of the
police force to police officer, which is defined in the Legislation Act,
dictionary, part 1 to mean a member or special member of the Australian
Federal Police.
The amendment includes transitional arrangements that operate until new
appointments are made.
Standard notes about appointments are also inserted.
[3.204] Section
10 (1) (c) (iii) and 11 (1) (d)
omit
resided
substitute
lived
Explanatory note
These amendments update language.
omit everything after paragraph (a), substitute
(b) if paragraph (a) does not apply—a copy of the
corporation’s accounts for the period beginning on the day of its
incorporation and ending no more than 1 month immediately before the day it
applies for the grant of the licence.
(3) The accounts mentioned in subsection (2) must have been audited by a
qualified accountant.
Explanatory note
This amendment restructures the subsection in line with current drafting
practice.
[3.206] Section
11 (3) and (4)
substitute
(4) An application under subsection (1) must be notified in accordance
with section 11B (Notification of application).
(5) In this section:
accounts—see the Corporations Act, section 9
(Dictionary), definition of financial records.
accounts in relation to a period (the first
period) includes accounts for each of 2 periods whose total length
corresponds to the length of the first period.
Explanatory note
This amendment restructures the subsections to bring them more closely into
line with current drafting practice, including turning existing subsection (3)
(an interpretation provision) into the definitions contained in new subsection
(5).
The amendment also updates the definition of accounts. That
term is not defined in the Corporations Act, so the defined term financial
records is used for the definition of accounts.
[3.207] Section
11A (2) (d)
omit
certificate, diploma or testamur
substitute
degree, diploma or certificate
Explanatory note
This amendment updates language.
substitute
18 Telling people about Act’s
requirements
(1) If a person gives information to a licensee in relation to any matter
that a licensee must enter in a dealings register, the licensee must tell the
person about the requirements of section 17.
(2) In this section:
licensee includes someone acting for the licensee.
Explanatory note
This amendment updates the structure and language of the section.
[3.209] Section
24 (1), definition of defect notice
omit
, being a notice
Explanatory note
This amendment updates language.
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
[3.211] Section
32A, new definition of NSW Act
insert
NSW Act means the Registration of Interests in Goods Act
1986 (NSW).
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.212] Section
32A, definition of the NSW Act
omit
Explanatory note
This amendment is consequential on the previous amendment.
omit
refuse or
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines fail to include refuse.
omit
refusing or
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines fail to include refuse.
substitute
54 Protection of registrar and deputy
registrar
The registrar and deputy registrar are not civilly or criminally liable for
an act done honestly by them in, or in relation to, an inquiry.
Explanatory note
This amendment brings the section more closely into line with current
drafting practice and updates language.
omit
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
relocate as section 71 (7)
Explanatory note
This amendment relocates the subsection to bring the order of subsections
into line with current drafting practice.
omit
Explanatory note
This amendment omits a subsection as a consequence of other amendments that
renumber and relocate section 71’s subsections.
renumber as section 71 (4)
Explanatory note
This amendment renumbers the subsection consequentially on another
amendment.
omit
(7) In making a decision under subsection (6)
substitute
(5) In making a decision under subsection (4)
Explanatory note
This amendment renumbers the subsection consequentially on another
amendment and updates a cross-reference.
omit
(8) Subsection (7)
substitute
(6) Subsection (5)
Explanatory note
This amendment renumbers the subsection consequentially on another
amendment and updates a cross-reference.
[3.222] New
section 71 (8)
insert
(8) An executive officer of a corporation is taken to have committed a
disqualifying act if the executive officer was an executive officer of a
corporation when the corporation committed the disqualifying act.
Explanatory note
This amendment brings the language of existing subsection (5) more closely
into line with current drafting practice and relocates the subsection
consequentially on another amendment.
omit
Explanatory note
This amendment omits an unnecessary provision. The Legislation Act, part
19.5 now deals comprehensively with service of documents.
[3.224] Section
89A (2) (c) (iii)
omit
resided
substitute
lived
Explanatory note
This amendment updates language.
omit
cause to be served on
substitute
give
Explanatory note
This amendment updates language.
[3.226] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• administrative appeals tribunal
• chief executive (see s 163)
• corporation
• disallowable instrument (see s 9)
• Executive
• individual
• lawyer
• Minister (see s 162)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• police officer
• State
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.227] Dictionary,
definition of executive officer
omit
means the person
substitute
means a person
Explanatory note
This amendment brings the definition into line with current drafting
practice.
Part
3.23 Security Industry Regulations
2003
[3.228] Regulation
6 (3), definition of custodial officer, paragraph
(h)
omit
section 6 (Powers and functions of prison officers, police officers and
others)
substitute
section 6 (Functions of prison officers, police officers and
others)
Explanatory note
This amendment is consequential on the amendment of the heading to the
Prisoners (International Transfer) Act 1999, section 6 by an earlier
amendment.
Part
3.24 Smoke-free Areas (Enclosed Public
Places) Regulations 1994
[3.229] Regulation
4 (1) and (2)
omit
section 14 (3)
substitute
section 16 (3)
Explanatory note
This amendment updates a cross-reference.
Part
3.25 Spent Convictions Act
2000
[3.230] Section
3 (2), note
omit
s 7 (k)
substitute
s 7 (1) (o)
Explanatory note
This amendment updates a cross-reference.
substitute
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain
terms used in this Act, and includes references
(signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition
‘conviction—see section 6.’ means that the term
‘conviction’ is defined in that section and the definition applies
to this Act.
Note 2 A definition in the dictionary
(including a signpost definition) applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the contrary
intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
Explanatory note
This amendment brings the section and notes into line with current drafting
practice.
[3.232] Section
6, examples 3 and 4
substitute
3 The court dismisses the charge under the Children and Young People
Act 1999, section 98 (2) (a).
4 The court makes an order mentioned in the Children and Young People
Act 1999, section 98 (2) (b).
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment is consequential on the restructure of the Children and
Young People Act 1999, section 98 by an earlier amendment. It
also adds an example note in accordance with current drafting
practice.
omit
section 98 (i)
substitute
section 98 (2) (a)
Explanatory note
This amendment is consequential on the restructure of the Children and
Young People Act 1999, section 98 by an earlier
amendment.
[3.234] Section
12 (5), (6) and (7)
omit
98 (j)
substitute
98 (2) (b)
Explanatory note
This amendment is consequential on the restructure of the Children and
Young People Act 1999, section 98 by an earlier
amendment.
omit
crime-free period
substitute
crime-free period
Explanatory note
This amendment brings the term, which is a defined term, into line with
current drafting practice.
[3.236] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative unit
• entity
• exercise
• function
• law, of the Territory
• penalty unit (see s 133)
• State
• Territory authority
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.237] Dictionary,
definition of ACT offence, note
omit
Explanatory note
This amendment omits a note made redundant by the insertion of standard
dictionary notes by another amendment.
[3.238] Dictionary,
definition of casino
omit
Explanatory note
This amendment omits a redundant definition. The uses of the term in
section 19 (1) (b) (iv) and (6) are clear from their context.
[3.239] Dictionary,
definition of correctional agency
omit
Explanatory note
This amendment omits a definition made redundant by the insertion of a new
definition of prison officer by another amendment.
[3.240] Dictionary,
definition of function
omit
Explanatory note
This amendment omits the definition of a term that is defined in the
Legislation Act, dictionary, part 1 and which is mentioned in the standard
dictionary notes inserted by another amendment.
[3.241] Dictionary,
definition of law enforcement agency, paragraph (f)
substitute
(f) the CrimTrac Agency, established under the Public Service
Act 1999 (Cwlth), section 65 (Establishment etc. of Executive
Agencies);
Explanatory note
This amendment omits a reference to the abolished National Exchange of
Police Information and substitutes a reference to the corresponding new
agency.
[3.242] Dictionary,
definition of law enforcement agency, paragraphs (i) and
(j)
substitute
(i) the Attorney-General for the Territory, the Commonwealth, a State or
another Territory;
(j) people employed in a government department of the Commonwealth, a
State or another Territory and whose primary functions are the beginning or
conduct of proceedings for offences;
Explanatory note
This amendment improves syntax and updates language in accordance with
current drafting practice.
[3.243] Dictionary,
definition of prison officer
substitute
prison officer includes a person employed in an entity
responsible under the law of the Territory, or of the Commonwealth, a State or a
foreign country, for providing correctional services for offenders.
Explanatory note
This amendment subsumes the substance of the definition of
correctional agency, which is omitted by another
amendment.
[3.244] Dictionary,
definition of public authority, note
omit
Explanatory note
This amendment omits a note made redundant by the insertion of standard
dictionary notes by another amendment.
Part
3.26 Supervised Injecting Place Trial
Act 1999
[3.245] Section
3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment
[3.246] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘drug of
dependence—see the Drugs of Dependence Act, section 3 (1).’
means that the term ‘drug of dependence’ is defined in that section
and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard
provision explaining the status of notes.
omit
Explanatory note
This amendment omits a spent provision.
substitute
19 Committee’s functions
The functions of the advisory committee are—
(a) to make written recommendations to the Minister about the matters
mentioned in section 29 (1) (Minister must consult committee); and
(b) to exercise other functions given to the advisory committee by this
Act or another Territory law.
Note 1 A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Explanatory note
This amendment updates language and omits a provision that is unnecessary
(s 19 (2)) because of the Legislation Act, section 196 (1). That section
provides that a provision of a law that gives a function to an entity also gives
the entity the powers necessary and convenient to exercise the
function.
The amendment also inserts a standard note about the power to exercise
functions.
substitute
(3) Each member of the advisory committee is appointed by the Minister for
a term of not longer than 3 years.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
Explanatory note
This amendment updates language and brings the subsection into line with
current drafting practice, as follows:
• the reference to the appointment being ‘by instrument’
is omitted because the Legislation Act, section 206 provides that an appointment
must be made, or evidenced, in writing; and
• the words ‘may be re-appointed’ are not included. This
is because the Legislation Act, section 208 provides that a person may be
reappointed to a position if the person is eligible to be appointed to the
position.
The amendment also inserts standard notes about appointments and section
208.
substitute
(4) A member holds office on the terms (if any) in relation to matters not
provided for by this Act that are stated in the instrument of
appointment.
Explanatory note
The reference in existing subsection (4) to a member holding office for the
term stated in the instrument of appointment is omitted. This is because the
Legislation Act, section 206 (2) states that, if a law provides for a
maximum period of appointment, the period of appointment must be stated in the
instrument of appointment.
omit
Explanatory note
This amendment omits an unnecessary subsection. The Legislation Act,
section 199 (4) provides that the exercise of a function by a body is not
affected only because of a vacancy in the body’s membership.
omit
in writing
Explanatory note
The reference to the appointment being made ‘in writing’ is
omitted because the Legislation Act, section 206 provides that an appointment
must be made, or evidenced, in writing.
[3.253] Sections
22 and 23
substitute
22 Ending of appointments
(1) The Minister may end the appointment of a member for misbehaviour or
physical or mental incapacity.
(2) The Minister must end the appointment of a member if the
member—
(a) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(b) is absent for 3 consecutive meetings without leave; or
(c) is convicted in Australia or elsewhere of an offence punishable by
imprisonment for 1 year or longer.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment updates language and brings section 22 into line with
current drafting practice. Section 23 is unnecessary, because the Legislation
Act, section 210 provides that a person’s appointment also ends if the
person resigns. A standard note to this effect is inserted in the
section.
[3.254] Section
29 (1) (d)
substitute
(d) the terms on which people under 18 years old may attend the facility;
and
Explanatory note
This amendment updates language and brings the paragraph into line with
current drafting practice.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Attorney-General
• DPP
• Executive
• Legislative Assembly
• Minister (see s 162)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• regulations.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.27 Taxation Administration Act
1999
[3.256] Section
3, definition of corporation
substitute
corporation—see the Corporations Act, section
57A.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.257] Section
3, definition of function
omit
Explanatory note
This amendment omits a redundant definition. Function is
defined in the Legislation Act, dict, pt 1 to include authority, duty or
power.
[3.258] Section
3, definition of tax officer
omit
Explanatory note
This amendment omits the definition. A new definition of tax
officer is inserted in the dictionary by the amendment that inserts the
new dictionary.
[3.259] Section
3, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is
inserted by another amendment
[3.260] Section
3, remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘group—see
section 112.’ means that the term ‘group’ is defined in that
section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
Explanatory note
This amendment inserts a standard dictionary provision.
[3.261] Section
4 (i) and (j)
substitute
(i) an Act declared under the regulations to be a tax law.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Explanatory note
This amendment omits paragraph (j) (that referred to a regulation under any
of the Acts mentioned in the other paragraphs of section 4). Paragraph (j) is
no longer necessary because the Legislation Act, section 104 provides that a
reference to an Act includes a reference to the statutory instruments made or in
force under the Act.
The amendment also inserts a standard note about section 104.
[3.262] Section
8 (3), definition of tax avoidance scheme, paragraph
(a)
omit
manner
substitute
way
Explanatory note
This amendment updates language.
relocate as section 8 (6)
Explanatory note
This amendment relocates a subsection that contains definitions to the end
of the section, in line with current drafting practice.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
substitute
(3) In subsection (1):
Territory includes an officer, Minister and Territory
authority.
Explanatory note
This amendment brings the subsection into line with current drafting
practice.
substitute
(3) In this section:
ground of invalidity means—
(a) the ground of invalidity of a tax law; or
(b) the ground of mistake (whether law or a fact) about the validity or
invalidity of a tax law; or
(c) any other restitutionary ground relating to the validity or invalidity
of a tax law.
non-legislative change of the law means a change of the law
or of legal principles, or a change in what is generally perceived to be the
state of the law or legal principles, but does not include a change made by
legislation.
Territory includes an officer, Minister and Territory
authority.
Explanatory note
This amendment brings the structure and language of the subsection more
closely into line with current drafting practice.
omit
refuses or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
substitute
Note 1 The Legislation Act, dict, pt 1 defines fail to
include refuse.
Note 2 The following table contains a summary of the effect
of s 31 to s 34:
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
[3.269] Section
67 (1) to (3)
omit
or refuse
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines fail to include refuse.
omit
any function or power of the commissioner
substitute
the commissioner’s functions
Explanatory note
This amendment updates the delegation provision, as follows:
• the word ‘any’ (of the commissioner’s functions)
is omitted because the Legislation Act, section 234 provides that the delegation
instrument may provide that the delegation has effect in stated circumstances or
subject to stated conditions, limitations or directions or that all of the
function, or a stated part of the function, is delegated;
• the word ‘power’ is omitted because
function is defined in the Legislation Act, dictionary, part 1 to
include authority, duty and power, and is the drafting term used now.
[3.271] Section
78, new note
insert
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment inserts a standard note about delegations.
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
omit
refuse or
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines fail to include refuse.
substitute
(2) The powers given by this section are additional to, and do not limit,
any other powers given under a law.
Explanatory note
This amendment updates language.
omit
refuse or
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines fail to include refuse.
omit
Explanatory note
This amendment omits a provision that is unnecessary. The matter is
adequately dealt with by the Evidence Act 1995 (Cwlth), part 4.3
(Facilitation of proof).
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• Commonwealth
• Executive
• individual
• Magistrates Court
• penalty unit (see s 133)
• State
• Supreme Court
• Legislative Assembly
• Minister (see s 162)
• the Territory.
tax officer—
(a) for this Act, means—
(i) the commissioner; or
(ii) an authorised officer; or
(iii) anyone else engaged (whether as an officer or employee or otherwise)
in the administration or enforcement of a tax law; and
(b) for division 9.4 (Secrecy)—see section 94.
Explanatory note
This amendment inserts a dictionary, a new definition of tax
officer that includes its meaning for division 9.4 (in line with current
drafting practice), and standard dictionary notes.
Part
3.28 Taxation (Government Business
Enterprises) Regulations 2003
omit
• Canberra Tourism and Events Corporation
substitute
• Australian Capital Tourism Corporation
Explanatory note
This amendment updates a reference to a body.
Part
3.29 Victims of Crime Regulations
2000
[3.279] Regulation
8 (4), notes
substitute
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Note 4 A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
Explanatory note
This amendment updates the standard notes about appointments.
Schedule
4 Repeal of redundant or obsolete
legislation
(see s 6)
Part
4.1 Institute for the Study of Man and
Society Incorporation Act 1968
Explanatory note
This part repeals an Act that is no longer needed.
The Institute for the Study of Man and Society Incorporation Act
1968 provided for the incorporation of the institute known as The Institute
for the Study of Man and Society.
The institute was set up by an organisation called Australian Frontier
(itself established by the Australian Council of Churches as an independent
body) to promote the understanding and study of society. Incorporation of the
institute was part of the preparatory work for the institute undertaken in the
late 1960s and early 1970s. Other preparatory work included defining the
objects, structure and methods of the institute, identifying the buildings and
resources needed and fundraising. Land was granted to the institute by the
National Capital Development Commission for the construction of buildings for
the institute.
Though enough funds were raised for the building, there were insufficient
funds for ongoing costs. As the Reverend Frank Engel states in his book 21
years of Australian Frontier (published in 1988 by Australian Frontier)
‘in spite of the generous support of a number of individuals, groups and
companies, it was not surprising, indeed it was inevitable, that in 1974 the
Australian Frontier Commission had to decide that the time had come to abandon
the plan for an Institute in Canberra and to surrender the choice site to the
National Capital Development Commission’ (p 73).
As the institute ‘never became a reality’ (Engel op
cit), the Act has no ongoing operation and can be repealed. Its previous
operation is saved by this Act, section 6 (2) (Legislation repealed—sch
4).
Institute for the Study of Man and Society Incorporation Act 1968
A1968-35
Part
4.2 Judgment Creditors Remedies Act
1933
Explanatory note
This part repeals an Act that is no longer needed.
The Judgment Creditors Remedies Act 1933 deals with the enforcement
of High Court judgments. It provides that a person in whose favour a High Court
judgment is given is entitled to the same remedies for enforcement against a
judgment debtor’s ACT property or a judgment debtor resident or present in
the ACT that a person in whose favour an ACT Supreme Court judgment is
given.
The Act is no longer necessary because the Commonwealth has legislated in
the Judiciary Act 1903 (Cwlth), section 77M (Enforcement of judgments) to
the same effect.
Judgment Creditors Remedies Act 1933 A1933-8
Part
4.3 Spent Convictions Regulations
2003
Explanatory note
This part repeals regulations that are no longer needed.
The Spent Convictions Regulations 2003 are made obsolete by an
amendment in this Act, schedule 3 of the Spent Convictions Act 2000,
dictionary, definition of law enforcement agency, paragraph
(f).
Spent Convictions Regulations 2003 SL2003-15
Part
4.4 Registrable instruments that are
no longer needed
Explanatory note
This part repeals registrable instruments that are spent. Any ongoing
effect of the instruments is preserved by section 6.
Registrable instruments made since 12 September 2001 are required to be
notified on the ACT legislation register. To assist users of the register to
find the current law more easily, registrable instruments are divided in the
register between current and repealed instruments, as is the case with Acts. To
avoid unnecessary clutter in the current instruments on the register, the
Legislation Act, section 89 provides for the automatic repeal of certain
instruments once they are spent. However, not all spent instruments are
automatically repealed, for example, if the instrument contains a substantive
provision. Accordingly, this part of the schedule repeals some spent
instruments made since 12 September 2001.
The Parliamentary Counsel’s Office has started a process of including
in the legislation register registrable instruments made before 12 September
2001. The office is giving priority in the current financial year to including
all earlier disallowable instruments on the register. An amendment to the
Legislation Act in schedule 2 will make it clear that the automatic repeal
provisions apply to registrable instruments whenever they were made. This will
enable many earlier spent registrable instruments to be included in the
repealed, rather than the current, part of the register as they are
backcaptured. Accordingly, this part of the schedule also provides for the
repeal of the ‘backcaptured instruments’ identified so far as being
spent.
Division
4.4.1 ACTION Authority Act
2001—disallowable instrument—s 36
• Transfer of Employees to ACTION Authority DI2002-3
Division
4.4.2 Independent Competition and
Regulatory Commission Act 1997—disallowable instruments—s 15, s
16
• Reference for an investigation under section 15 and specified
requirements in relation to investigation under section 16
DI2001-65
• Reference for investigation under section 15 and specified
requirements in relation to investigation under section 16
DI2001-69
• Reference for investigation under section 15 and specified
requirements in relation to investigation under section 16
DI2001-291
• Industry reference for investigation into full retail
contestability for electricity DI2001-346
• Independent Competition and Regulatory Commission Reference for
Investigation DI2002-11
• Independent Competition and Regulatory Commission (Reference for
Investigation) 2002 (No 2) DI2002-185
• Independent Competition and Regulatory Commission (Reference for
Investigation) Determination 2002 (No 3) DI2002-227
Division
4.4.3 Legislative Assembly
(Members’ Staff) Act 1989—disallowable instruments—s 5, s 6, s
10, s 11
• Terms and conditions of employment of staff of office-holders
pursuant to section 6 (2) DI2001-161
• Arrangements under sub-section 10 (2) for the employment of
staff by members DI2001-169
• Arrangements under sub-section 5 (2) for the employment of staff
by the Speaker DI2001-170
• Terms and conditions of employment of staff of members pursuant
to section 11 (2) 2002 (No 2) DI2002-209
• Terms and conditions of employment of staff of the Speaker
pursuant to section 6 (2) 2002 (No 2) DI2002-210
• Terms and conditions of employment of staff of office-holders
pursuant to section 6 (2) 2002 (No 2) DI2002-211
Division
4.4.4 Utilities Act
2000—disallowable instruments—s 61, s 65
• Utilities (Dam Safety Code) Variation Determination 2003
DI2003-27
• Utilities (Emergency Planning Code) Determination 2003
DI2003-32
• Utilities (Variation of Franchise Customer Electricity Metering
Code) Approval 2003 (No 1) DI2003-256
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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