Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Structural amendments
(see s 5)
Part 2.1 Legislation Act 2001
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(b) if it is not practicable to notify the making of the proposed law in the register—notify the making of the law in the gazette.
Explanatory note
This amendment clarifies when the parliamentary counsel is required to notify the making of a proposed law in the gazette. The amendment is consistent with the Legislation Act, section 20 (which requires the parliamentary counsel to ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly) and section 22 (1) (which requires the parliamentary counsel to ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) is accessible at all times on an approved web site). Uploads from the legislation register to the approved web site are normally made during the night of the day when laws and instruments are notified in the register. Although they are invariably available at the approved web site at the beginning of the next working day, they are not always available before midnight on the day of notification.
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Explanatory note
The Legislation Act, section 28 (8) requires the parliamentary counsel to give the Minister a statement if the making of a proposed law is notified in the gazette rather than the legislation register and copies of the proposed law are not available in accordance with the gazette notice. This amendment makes it clear that a copy of the statement may be presented to the Legislative Assembly on the gazette date and need not wait until the following day.
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Explanatory note
The Legislation Act, section 34 (4) requires the relevant Minister to arrange for a regulatory impact statement to be prepared for a subordinate law if a RIS exemption for the law is disallowed by the Legislative Assembly. This amendment makes it clear that the regulatory impact statement may be presented to the Legislative Assembly on the disallowance day.
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(b) if it is not practicable to notify the making of the instrument in the register—notify the making of the instrument in the gazette.
Explanatory note
This amendment clarifies when the parliamentary counsel is required to notify the making of a registrable instrument in the gazette. The amendment is consistent with the Legislation Act, section 20 (which requires the parliamentary counsel to ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly) and section 22 (1) (which requires the parliamentary counsel to ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) is accessible at all times on an approved web site). Uploads from the legislation register to the approved web site are normally made during the night of the day when laws and instruments are notified in the register. Although they are invariably available at the approved web site at the beginning of the next working day, they are not always available before midnight on the day of notification.
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within
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Explanatory note
The Legislation Act, section 61 (7) requires the parliamentary counsel to give the Minister a statement if the making of a registrable instrument is notified in the gazette rather than the legislation register and copies of the instrument are not available in accordance with the gazette notice. This amendment makes it clear that a copy of the statement may be presented to the Legislative Assembly on the gazette date and need not wait until the following day.
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Explanatory note
This amendment makes it clear that a subordinate law or disallowable instrument can be presented to the Legislative Assembly on the day it is notified.
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Explanatory note
This amendment makes it clear that notice of a motion to disallow a subordinate law or disallowable instrument can be given in the Legislative Assembly on the day the law or instrument is presented to the Assembly.
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(b) if it is not practicable to notify the disallowance in the register—notify the disallowance in the gazette.
Explanatory note
This amendment clarifies when the parliamentary counsel is required to notify the disallowance of a subordinate law or disallowable instrument in the gazette. The amendment is consistent with the Legislation Act, section 20 (which requires the parliamentary counsel to ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly) and section 22 (1) (which requires the parliamentary counsel to ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) is accessible at all times on an approved web site). Uploads from the legislation register to the approved web site are normally made during the night of the day when laws and instruments are notified in the register. Although they are invariably available at the approved web site at the beginning of the next working day, they are not always available before midnight on the day of notification.
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Explanatory note
This amendment makes it clear that section 67 prevents an instrument the same in substance as a disallowed subordinate law or disallowable instrument being made on the day of the disallowance.
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Explanatory note
This amendment makes it clear that notice of a motion to amend a subordinate law or disallowable instrument can be given in the Legislative Assembly on the day the law or instrument is presented to the Assembly.
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(b) if it is not practicable to notify the amendment in the register—notify the amendment in the gazette.
Explanatory note
This amendment clarifies when the parliamentary counsel is required to notify in the gazette the amendment by the Legislative Assembly of a subordinate law or disallowable instrument. The amendment is consistent with the Legislation Act, section 20 (which requires the parliamentary counsel to ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly) and section 22 (1) (which requires the parliamentary counsel to ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) is accessible at all times on an approved web site). Uploads from the legislation register to the approved web site are normally made during the night of the day when laws and instruments are notified in the register. Although they are invariably available at the approved web site at the beginning of the next working day, they are not always available before midnight on the day of notification.
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Explanatory note
This amendment makes it clear that section 70 prevents an instrument the same in substance as a subordinate law or disallowable instrument amended by the Legislative Assembly being made on the day the amendment was made.
[2.13] Section 71 (1) (a) and (b)
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Explanatory note
The amendment of section 71 (a) is consequential on an identical amendment made to section 65 (1) and section 68 (2).
The amendment of section 71 (1) (b) makes it clear that section 71 applies if the Legislative Assembly is dissolved or expires on the day a notice of motion to disallow or amend a subordinate law or disallowable instrument is given in the Assembly.
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151 Working out periods of time generally
(1) This section applies in working out periods of 1 day or longer for an Act or statutory instrument, whether the period is a period in the future or the past.
Note 1 The following definitions in the dictionary, pt 1 are also relevant to periods of time:
• business day
• calendar month
• calendar year
• financial year
• midnight
• month
• named month
• quarter
• working day
• year .
Note 2 The Standard Time and Summer Time Act 1972 deals with the meaning of a reference to a time.
(2) A period of time described as beginning at, on or with a stated day, act or event includes the stated day or the day of the stated act or event.
(3) A period of time described as beginning from or after a stated day, act or event does not include the stated day or the day of the stated act or event.
(4) A period of time described as ending at, by, on or with, or as continuing until, a stated day, act or event includes the stated day or the day of the stated act or event.
(5) A period of time described as ending before a stated day, act or event does not include the stated day or the day of the stated act or event.
(6) A reference to a number of days between 2 events does not include the days when the events happen.
Example
A court rule requires a notice of motion to be served 2 days before the return date for the application. If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days. For service to be valid, the application must be served on or before the Tuesday before the return date.
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).
(7) This section is a determinative provision so far as it applies to an applicable law or applicable provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
(8) In this section:
"applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006.
"applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law.
"inserted", for a provision, includes inserted in substitution for another provision.
(9) This section does not apply to a period beginning before the commencement of this section.
(10) Subsection (9) and this subsection are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional law etc) applies.
(11) Subsections (9) and (10) and this subsection expire 1 year after the day this section commences.
151A Periods of time ending on non-working days
(1) This section applies if—
(a) under an Act or statutory instrument, something must or may be done on a particular day or within a particular period of time; and
(b) the day, or the last day of the period, is not a working day.
(2) The thing must or may be done on the next day that is a working day.
(3) This section is a determinative provision so far as it applies to an applicable law or applicable provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
(4) In this section:
"applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006.
"applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law.
"inserted", for a provision, includes inserted in substitution for another provision.
"public entity" means—
(a) a court or tribunal; or
(b) an administrative unit; or
(c) a statutory-office holder; or
(d) any other entity established for a public purpose under a law.
"working day" means—
(a) for doing something at an office (however described) of a public entity where the thing must or may be done—a day when the office is open; and
(b) for doing anything else—a day that is not—
(i) a Saturday or Sunday; or
(ii) a public holiday at the place where the thing must or may be done.
Example for par (a)
filing a document at a court registry
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).
(5) This section does not apply to something that must or may be done within a period beginning before the commencement of this section.
(6) Subsection (5) and this subsection are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional law etc) applies.
(7) Subsections (5) and (6) and this subsection expire 1 year after the day this section commences.
151B Doing things for which no time is fixed
(1) This section applies if—
(a) under an Act or statutory instrument, something must or may be done; but
(b) no time is provided for doing the thing.
(2) The thing must or may be done as soon as possible and as often as needed.
151C Power to extend time
(1) This section applies if, under an Act or statutory instrument—
(a) something must or may be done on a particular day or within a particular period of time; but
(b) a court or other entity has power to extend the time (the relevant time ) for doing the thing.
(2) A person may apply to the court or other entity for the relevant time to be extended even though the relevant time has ended.
(3) The court or other entity may extend the relevant time even though the relevant time has ended.
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
(5) This section applies only to an applicable law or applicable provision.
(6) In this section:
"applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006.
"applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law.
"inserted", for a provision, includes inserted in substitution for another provision.
Explanatory note
General
This amendment remakes section 151 to provide comprehensively for working out the time for doing something required or allowed to be done under an Act or statutory instrument.
The sections substituted by this amendment do not significantly change the law presently applying under section 151, but rather deal with a range of cases not dealt with by the existing section. Because the days on which periods begin and end are usually expressly dealt with under current ACT drafting practice and the substituted sections largely reflect the position at common law (see Pearce and Geddes, Statutory Interpretation in Australia (5 th ed), pars 6.45-6.50), this amendment will not have a significant impact on the interpretation of the existing ACT statute book. The impact has, in any event, been minimised by application provisions in the substituted sections. Nevertheless, the substituted sections should produce greater clarity in the operation of the statute book and lead to a better understanding of how time is worked out for statutory provisions. Over time existing provisions of the ACT statute book will be reviewed for consistency with the substituted sections and revised as necessary.
Section 151
New section 151 deals with working out periods of time generally. Like existing section 151 the new section applies in working out periods of 1 day or longer for an Act or statutory instrument (see section 151 (1)). The new section applies in working out periods in the past (backwards) as well as in the future (forwards).
New section 151 is modelled on the Interpretation Act 1999 (NZ), section 35. The new section is also consistent with the Interpretation Act 1984 (WA), section 61 (1) (a) to (h) with 1 exception discussed below in relation to new section 151 (6).
New section 151 (2) and (3) provide how the beginning of a period of time is worked out. New section 151 (4) and (5) provide how the end of a period of time is worked out. Under the subsections the relevant day at the beginning or end of the period is excluded or included depending on how the period is described.
Although new section 151 (2) is fully consistent with the equivalent New Zealand and Western Australian provisions mentioned above, the application of the subsection to a period described as beginning ‘on' a day, act or event is different to the outcome achieved under equivalent Victorian and Queensland provisions (see Interpretation of Legislation Act 1984 (Vic), s 44 (1) and Acts Interpretation Act 1954 (Qld), s 38 (1)). However, new section 151 (2) is consistent with existing provisions of the Legislation Act (see eg s 74 (Time of commencement)).
By contrast, new section 151 (3) is consistent with the equivalent provision of most other Australian jurisdictions in relation to a period described as beginning ‘from' a day, act or event (see existing s 151 (3) (a) and Acts Interpretation Act 1901 (Cwlth), s 36 (1); Interpretation Act 1987 (NSW), s 36 (1); Interpretation of Legislation Act 1984 (Vic), s 44 (1); Interpretation Act 1984 (WA), s 61 (1) (b); Acts Interpretation Act 1931 (Tas), s 29 (1); Interpretation Act (NT), s 28 (1)).
New section 151 (6) provides that a reference to a number of days between events does not include the days when the events happen. The subsection follows the Interpretation Act 1999 (NZ), section 35 (5). By contrast, the equivalent Western Australian provisions ( Interpretation Act 1984 , s 61 (1) (f) and (g)) provide for the same outcome but only if the reference includes the expression ‘clear' days, ‘at least' or ‘not less than'. If the reference does not include one of these expressions, the day when the first event happens is included, but the day when the second event happens is excluded. Queensland (see Acts Interpretation Act 1954 , s 38 (1)) and Tasmania (see Acts Interpretation Act 1931 , s 29 (2)) have interpretation provisions similar to the Western Australian provisions. The New Zealand approach has been followed because of its simplicity. The Western Australian, Queensland and Tasmanian provisions require the use of a particular expression to achieve the outcome that would usually be wanted in provisions for working out periods of time, namely, allowing a specified period in full. In the unusual case where this is not the outcome wanted, this can be achieved in the drafting of the relevant provisions (eg by reducing the allowed period by 1 day).
New section 151 (7) provides that new section 151 is a determinative provision so far as it applies to an applicable law or applicable provision. The terms applicable law and applicable provision are defined in new section 151 (8). New section 151 (7) affects the application of new section 151 and, in particular, its displacement. Laws and provisions enacted after 1 January 2006 will have been drafted in the light of the new section and the section will, therefore, need to be displaced expressly or by manifest ‘contrary intention' (see Legislation Act, s 6 (2)). Laws and provisions enacted on or before 1 January 2006 will not have been drafted in the light of the new section and the section will, therefore, be able to be displaced fairly readily by a ‘contrary intention' (see Legislation Act , s 6 (3)).
New section 151 (9) ensures that new section 151 does not have retrospective effect. The subsection is a transitional provision and is expired by subsection (11). However, to remove any doubt about its continuing effect after the expiry, subsection (9) is declared by subsection (10) to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional law etc) applies.
Section 151A
New section 151A deals with extending the time for something to be done if the day or the last day of the period for the thing to be done is not a working day (see new s 151A (1)). New section 151A (2) provides for the thing to be done on the next day that is a working day. Although new section 151A (2) is fully consistent with existing section 151 (4), the definition of working day (see new s 151A (4), def working day ) has been changed for this section to specifically deal with the time for doing something at an office of a public entity where the thing must or may be done (see also new s 151A (4), def public entity ). Under the new definition, a working day for doing something at the office of a public entity is a day when the entity's office is open. In any other case, a ‘working day' is a day that is not a Saturday, Sunday or a public holiday at the place where the thing must or may be done.
Queensland (see Acts Interpretation Act 1954 , s 38 (2) and (5)) and Tasmania (see Acts Interpretation Act 1931 , s 29 (4)) achieve the same outcome in relation to the filing or registration of documents (and, for Tasmania, instruments). In those jurisdictions, if the time or period of time for the filing or registration of a document ends on a day when the office where the filing or registration is to happen is closed, the time is extended to the next day when the office is open. In all other cases, if the time or last day of the period falls on a Saturday, Sunday or public holiday in the place where the thing is to be done the time is extended to the next day that is not a Saturday, Sunday or public holiday.
By contrast, other jurisdictions (see Acts Interpretation Act 1901 (Cwlth), s 36 (2); Interpretation Act 1987 (NSW), s 36 (2); Interpretation of Legislation Act 1984 (Vic), s 44 (3); Interpretation Act 1984 (WA), s 61 (1) (h) and (2); Acts Interpretation Act 1915 (SA), s 27 (2); Interpretation Act (NT), s 28 (2); Interpretation Act 1999 (NZ), s 35 (6)) provide for time to be extended only if the last day of a prescribed period falls on a weekend or public holiday at the place where the thing is to be done (or bank holiday in the Commonwealth or New South Wales and bank holiday or public service holiday in Western Australia).
New section 151A (3) and (5) operate in a corresponding way to new section 151 (7) and (9). The operation of new section 151 (7) and (9) is explained above. Section 151A (5) is a transitional provision and is expired by subsection (7). However, to remove any doubt about its continuing effect after the expiry, subsection (5) is declared by subsection (6) to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional law etc) applies.
Section 151B
If something must or may be done under an Act or statutory instrument, and no time is provided for doing the thing, new section 151B provides that the thing must be done as soon as possible and as often as needed (see new s 151B (2)). New section 151B follows the approach taken in Queensland which requires the thing to be done ‘as soon as possible, and as often as the relevant occasion happens' (see Acts Interpretation Act 1954 , s 38 (4)). South Australia and Western Australia have similar provisions, requiring the thing to be done ‘with all convenient speed and as often as the prescribed occasion arises' (see Acts Interpretation Act 1915 (SA), s 27 (3)) or ‘with all convenient speed and as often as occasion arises' (see Interpretation Act 1984 (WA), s 63).
Section 151C
New section 151C provides that, if something must or may be done under an Act or statutory instrument on a particular day, or within a particular period of time, and a court or other entity has power to extend the time within which the thing must or may be done, an application may be made for an extension of time, and the court or other entity may extend the time for doing the thing, even though the time for doing the thing has ended before the extension of time is given. This provision follows the approach taken in New South Wales (see Interpretation Act 1987 , s 36 (3)) and Western Australia (see Interpretation Act 1984 , s 64). The new section will remove the need for provisions of this kind to be included in legislation.
New section 151C (4) provides that new section 151C is a determinative provision. New section 151C (4) affects the application of section 151C and, in particular, its displacement. Because new section 151C may (in some cases at least) represent a change in the law, the section will apply only to laws and provisions enacted after 1 January 2006 (see section 151C (5) and (6)). Laws and provisions enacted after 1 January 2006 will have been drafted in the light of the new section and the section will, therefore, need to be displaced expressly or by manifest ‘contrary intention' (see Legislation Act, s 6 (2)).
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Explanatory note
This amendment makes it clear that a prosecution for an offence to which section 192 (2) applies may be begun on the day the offence is committed. The amendment also brings the language of the subsection into line with current drafting practice (see Legislation Act, s 146).
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Explanatory note
This amendment makes it clear that a prosecution for an offence to which section 192 (2) applies may be begun on the day the relevant report is made or given.
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(6) In this section:
"Act "includes an Act of the Commonwealth.
"statutory instrument" includes an instrument (whether or not legislative in nature) made under—
(a) an Act of the Commonwealth; or
(b) another statutory instrument of the Commonwealth ; or
(c) power given by an Act or statutory instrument of the Commonwealth and also power given otherwise by law.
Explanatory note
This amendment extends the operation of section 253 to functions given to the Executive by or under Commonwealth laws. The Self-Government Act, section 38A provides that an enactment (that is, a law made by the Legislative Assembly) may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under a Commonwealth Act.
[2.18] Dictionary, part 1, new definition of territory law
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"territory law" — see law , of the Territory.
Explanatory note
This amendment inserts
a signpost definition of territory law to assist readers of the
Legislation Act.