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This is a Bill, not an Act. For current law, see the Acts databases.
STATUTE LAW AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law
Amendment Bill 2003
Contents
Page
Part 1.1 Health Act
1993 4
Part 2.1 Legislation
Act 2001 6
Part 3.1 Animal
Welfare Regulations 2001 30
Part 3.2 Building
and Construction Industry Training Levy Act 1999 30
Part 3.3 Building
and Construction Industry Training Levy Regulations 2001 35
Part 3.4 Bushfire
Inquiry (Protection of Statements) Act 2003 36
Part 3.5 Civil Law
(Wrongs) Act 2002 36
Part 3.6 Crimes
(Forensic Procedures) Act 2000 37
Part
3.7 Discrimination Act
1991 38
Part 3.8 Duties Act
1999 104
Part 3.9 Environment
Protection Act 1997 105
Part 3.10 Fire
Brigade (Administration) Act 1974 106
Part 3.11 First Home
Owner Grant Act 2000 108
Part 3.12 Fisheries
Act 2000 121
Part 3.13 Gas Safety
Act 2000 126
Part 3.14 Insurance
Authority Act 2000 135
Part 3.15 Legal Aid
Act 1977 137
Part
3.16 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulations
2000 142
Part 3.17 Public
Health Regulations 2000 156
Part 3.18 Road
Transport (Alcohol and Drugs) Regulations 2000 165
Part 3.19 Territory
Superannuation Provision Protection Act 2000 166
Part 3.20 Utilities
Act 2000 168
Part 3.21 Victims of
Crime Act 1994 193
Part 3.22 Victims of
Crime Regulations 2000 206
Part 3.23 Water and
Sewerage Act 2000 209
Part 3.24 Workers
Compensation Act 1951 216
Part 4.1 Companies
(Commonwealth Brickworks (Canberra) Limited) Act 1979 218
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment
Bill 2003
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.
(1) This Act commences on the 28th day after its notification
day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) However, a date or time provided by a special commencement provision
for an amendment made by this Act has effect as the commencement date or time of
the amendment.
(3) In this section:
special commencement provision, for an amendment made by this
Act, is a provision, in brackets beginning with the text
‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: the 90th day after this
Act’s notification day)’ means that the amendment commences on the
90th day after the notification day.
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).
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 Acts
and regulations amended—schs 1-3
Schedules 1 to 3 amend the Acts and regulations mentioned in
them.
Schedule 4 repeals the Act mentioned in it.
Schedule
1 Minor
amendments
(see s 5)
omit everything before subsection (2), substitute
12 Approval of Calvary Health Care ACT
committees
(1) The Minister may, in writing, declare a committee appointed by the
peak management body (however described) of Calvary Health Care ACT that
corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or
(c) to be an approved public sector quality assurance committee.
Explanatory note
Under the Health Act 1993, section 12, the Minister may declare a
committee appointed by the Board of Management of Calvary Hospital that
corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or (c)
to be an approved public sector quality assurance committee.
The reference to Calvary Hospital has been replaced with a reference to
Calvary Health Care ACT, to reflect the current name of the
organisation.
Under section 8 (1), the Minister may declare that a particular committee
is an approved public sector quality assurance committee for a health facility
or for a stated purpose. The functions of a public sector quality assurance
committee are decided by the Minister, and may include all or any of the
functions set out in section 8 (2) (a) to (c), as follows:
(a) to conduct quality assurance activities among health service providers
for the purpose of assessing and evaluating the health services provided by the
Territory, to report, and make recommendations, to the chief executive in
relation to those services and to monitor the implementation of those
recommendations;
(b) to conduct research or investigations into morbidity and mortality in
the ACT and to report, and make recommendations, to the chief executive in
relation to that research or those investigations;
(c) to investigate, assess, review and evaluate the clinical privileges
provided to health service providers and to report, and make recommendations, to
the chief executive in relation to whether those clinical privileges should be
preserved, varied or withdrawn.
A health service provider (defined in the Health Act
1993, dictionary) is a person who provides health services at a health
facility (ie an institution where health services are provided by the Territory)
or uses the equipment or other facilities of a health facility for the purpose
of providing health services elsewhere, and includes chiropractors, osteopaths,
dental technicians, dental prosthetists, dentists, doctors, nurses, optometrists
and pharmacists.
The present management body at Calvary Health Care ACT is not a board.
This amendment replaces the reference to ‘Board of Management’ to
bring the provision into line with the current management structure at Calvary
Health Care ACT.
The amendment will enable the management body at Calvary Health Care ACT to
appoint committees that can be declared to be approved public sector quality
assurance committees by the Minister.
[1.2] Dictionary,
definition of approved public sector committee
omit
(Approval of Calvary Hospital committees)
substitute
(Approval of Calvary Health Care ACT committees)
Explanatory note
This amendment is consequential on the previous amendment.
Schedule
2 Structural
amendments
(see s 5)
Part
2.1 Legislation Act
2001
[2.1] Section
19 (6) to (11)
renumber as section 19 (8) to (13)
[2.2] New
section 19 (6) and (7)
insert
(6) Without limiting subsection (3) or (5), the regulations may prescribe
requirements to be satisfied for additional material to be entered in the
register under this section, including, for example, requirements
about—
(a) the form of the material; and
(b) the making of requests for its entry in the register.
(7) The regulations may also make provision about the following in
relation to instruments (other than registrable instruments) to be entered in
the register under this section:
(a) the numbering of the instruments by the parliamentary counsel, whether
in a series of numbers allocated under section 59 (Numbering) or otherwise;
(b) the identification of the instruments, including, for example,
authorising the parliamentary counsel to—
(i) add a name to an unnamed instrument; or
(ii) amend an instrument’s name; or
(iii) add notes to an instrument to assist in its identification;
or
(iv) do anything else in relation to an instrument to assist users of the
register to identify or refer to the instrument.
Explanatory note
This amendment makes it clear that regulations can be made to improve
consistency in the entry of additional material in the legislation register.
This will help users to access the material more easily. Under the Act, section
19 (3) and (5), the parliamentary counsel may enter additional material in the
register in any way the parliamentary counsel considers will help users of the
register. The additional material includes, for example, statutory instruments
that are not registrable instruments, the administrative arrangements for the
ACT under the Australian Capital Territory (Self-Government) Act 1988,
(Cwlth) and the Australian Road Rules applying in all States and Territories
including the ACT. As this kind of material is generally similar to registrable
instruments, it is helpful to users if regulations ensure that it can be entered
and numbered in the register in a similar way to registrable
instruments.
substitute
Chapter 3 Authorised versions and evidence
of laws and legislative material
Explanatory note
This amendment and the other amendments of chapter 3 permit authorised
electronic versions of Acts, statutory instruments and republications
(legislation) to be downloaded from a web site approved under the
Act. They also allow authorised written versions of legislation to be produced
directly from authorised electronic versions of the legislation.
At present, electronic versions of legislation are only authorised when
viewed at an approved web site. Printed versions of legislation are presently
only authorised when printed by authority of the ACT government. Improvements
to the legislation register will allow digital signatures to be included in
locked pdf files of legislation accessible at an approved web site. This will
allow legislation users to verify whether downloaded copies of those files are
the same as the digitally signed pdf files authorised by the parliamentary
counsel.
The proof of authorised electronic versions of legislation is supported by
the presumptions in new section 24. Written copies of legislation produced
directly from authorised electronic versions will be authorised versions, and
proof is supported by the presumptions in new section 25.
The amendments of chapter 3 also extend the range of legislative material
for which authorised electronic and written versions will be available. The
legislative material (defined in new section 22A) includes additional material
entered in the legislation register under section 19 and material used under
chapter 14 to work out the meaning of Acts and statutory instruments.
in chapter 3, insert
22A Definitions for ch 3
In this chapter:
law means an Act or statutory instrument, whether or not it
has been amended, and includes, in relation to a republication—
(a) a collection of 2 or more Acts or statutory instruments; or
(b) all or part of an agreement or other instrument that has the force of
law or is in, or attached to, an Act or statutory instrument.
Note A reference to an Act or statutory instrument includes a
reference to a provision of the Act or instrument (see s 7 and s 13).
legislative material means material (other than a law or
provision of a law) relating to an Act or statutory instrument.
Examples of legislative
material
1 Additional material entered in the register under section 19 (3)
(Contents of register) that is not an Act or statutory instrument, for
example—
• the Australian Road Rules: These rules apply throughout Australia
and apply in the ACT under the Road Transport (Safety and Traffic Management)
Regulations 2000. They have been entered in the register as a notifiable
instrument even though they are not a statutory instrument and are not taken to
be a notifiable instrument under section 47 (Statutory instruments may make
provision by applying law or instrument);
• appointments of Ministers: Ministers are appointed by the Chief
Minister under the Self-Government Act, section 41. An instrument notifying an
appointment may be entered in the register even though the instrument is not a
statutory instrument.
2 Material that may be considered under chapter 14 in working out the
meaning of an Act or statutory instrument, for example, an explanatory statement
for the bill that became the relevant Act that was presented to the Legislative
Assembly before the Act was passed.
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).
republication includes part of a republication.
Explanatory note
See the explanatory note for the amendment of the heading to chapter
3.
This amendment relocates the definition of law from
sections 24 and 25 so that it applies generally in chapter 3. The definition
repeats the definition of law in section 107 rather than
picking it up by reference using a signpost definition. The extension of the
definition (paragraphs (a) and (b)) applies only in relation to republications,
to more clearly reflect the use of the definition in chapter 3. Paragraph (b)
has been widened to include any part of an agreement or instrument mentioned.
This brings this part of the definition into line with the position of Acts and
statutory instruments (see sections 7 and 13).
In addition, the amendment inserts a new definition of legislative
material wide enough to encompass material entered in the
legislation register under section 19 (eg additional material that the
parliamentary counsel considers likely to be useful to users of the register)
and extrinsic material that may be used under chapter 14 in working out the
meaning of an Act or statutory instrument (eg explanatory statements for bills).
The amendment also includes a new definition of
republication. This definition ensures that the chapter applies
to parts of republications in the same way as it applies to whole
republications. This means that users of legislation can print and use as an
authorised republication only the parts of the republication they need. The
definition brings the position of republications into line with the position of
Acts and statutory instruments (see sections 7 and 13). A note has been
included in the definition of law to remind users of
this.
substitute
23 Authorisation of versions by parliamentary counsel
(LRA s 8)
The parliamentary counsel may authorise written or electronic versions of a
law, republication or legislative material.
Note Written includes printed (see dict, pt 1, def
writing).
Explanatory note
See the explanatory note for the amendment of the heading to chapter
3.
This amendment remakes section 23 to widen its scope to include legislative
material as defined in new section 22A. The remade section refers to
written versions (rather than printed) to take advantage of the
definition of writing in the Legislation Act (dictionary, part 1),
that is, writing includes any way of representing or reproducing
words in visible form. In the context of the legislation register, printing is
the most common form.
substitute
24 Authorised electronic versions (LRA s 20, s
22, s 23)
(1) An electronic copy of a law, republication or legislative material is
an authorised version if—
(a) it is accessed at, or downloaded from, an approved web site in a
format authorised by the parliamentary counsel; or
(b) it is authorised by the parliamentary counsel and is in the format in
which it is authorised by the parliamentary counsel.
Example of authorised electronic
format
a locked pdf file
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).
(2) It is presumed, unless the contrary is proved—
(a) that an internet site purporting to be an approved web site is an
approved web site; and
(b) that an electronic copy of a law, republication or legislative
material accessed at, or downloaded from, an approved web site and purporting to
be authorised by the parliamentary counsel (however expressed) is an authorised
version of the law, republication or legislative material; and
(c) that any other electronic copy of a law, republication or legislative
material purporting to be authorised by the parliamentary counsel (however
expressed) is an authorised version of the law, republication or legislative
material; and
(d) that an authorised electronic version of an Act or statutory
instrument correctly shows the Act or instrument; and
(e) that an authorised electronic version of a republication of a law
correctly shows the law as at the republication date; and
(f) that an authorised electronic version of legislative material
correctly shows the material.
Examples of an electronic copy of a
republication purporting to be authorised by the parliamentary
counsel
1 The republication has the words ‘Authorised by the ACT
Parliamentary Counsel’ on the front cover and the words ‘Authorised
when accessed at www.legislation.act.gov.au or in authorised printed form’
at the foot of each page of the republication.
2 The republication has the words ‘Authorised by the ACT
Parliamentary Counsel’ on the front cover and the words ‘Authorised
by the ACT Parliamentary Counsel—also accessible at
www.legislation.act.gov.au’ at the foot of each page of the
republication.
Note A reference to an Act or statutory instrument includes a
reference to a provision of the Act or instrument (see s 7 and s 13). A
reference to a republication includes a reference to part of a republication
(see s 22A).
Explanatory note
See the explanatory note for the amendment of the heading to chapter
3.
Remade section 24 extends the form and range of authorised electronic
versions of laws, republications and legislative material. The section will
permit authorised versions to be downloaded from an approved web site. At
present electronic versions of laws are only authorised when viewed at an
approved web site. Improvements to the legislation register and the ease with
which the accuracy of downloaded files can be verified using digital signatures
have enabled this step to be made.
New section 24 (2) widens the presumptions in favour of authorised
electronic copies of legislation to include electronic copies in authorised
format downloaded from an approved web site.
The presumption of accuracy in existing section 24 (2) has been extended to
authorised electronic versions of legislative material (defined in new section
22A). New section 24 (2) (f) provides this presumption for legislative
material.
Section 24 as remade no longer defines law. The definition
has been relocated in new section 22A inserted by another amendment.
substitute
25 Authorised written versions (LRA ss 6-9, ss
20-23)
(1) A written copy of a law, republication or legislative material is an
authorised version if—
(a) it is a written copy produced directly from an authorised electronic
version of the law, republication or legislative material; or
(b) it is a written copy of another version of the law, republication or
legislative material authorised by the parliamentary counsel.
Example for par (a)
An authorised electronic version of an Act is downloaded from an approved
web site and printed. The printed copy is an authorised written version of the
Act.
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).
(2) It is presumed, unless the contrary is proved—
(a) that a written copy of a law, republication or legislative material
purporting to be authorised by the parliamentary counsel (however expressed) is
an authorised version of the law, republication or legislative material;
and
(b) that an authorised written version of an Act or statutory instrument
correctly shows the Act or instrument; and
(c) that an authorised written version of a republication of a law
correctly shows the law as at the republication date; and
(d) that an authorised written version of legislative material correctly
shows the material.
Examples of a written copy of a
republication purporting to be authorised by the parliamentary
counsel
1 The republication has the words ‘Authorised by the ACT
Parliamentary Counsel’ on the front cover and the words ‘Authorised
by the parliamentary counsel and printed by authority of the ACT
Government’ at the foot of each page of the republication.
2 The republication has the words ‘Authorised by the ACT
Parliamentary Counsel and printed by authority of the ACT Government’ on
the front cover and the words ‘Authorised by the ACT Parliamentary
Counsel—also accessible at www.legislation.act.gov.au’ at the foot
of each page of the republication.
3 The republication has the words ‘Authorised by the ACT
Parliamentary Counsel’ on the front cover and the words ‘Authorised
by the ACT Parliamentary Counsel—also accessible at
www.legislation.act.gov.au’ at the foot of each page of the
republication.
Note A reference to an Act or statutory instrument includes a
reference to a provision of the Act or instrument (see, s 7 and s 13). A
reference to a republication includes a reference to part of a republication
(see s 22A).
Explanatory note
See the explanatory note for the amendment of the heading to chapter
3.
Traditionally, the only authorised written versions of ACT legislation have
been those printed by authority of the ACT Government (eg by the government
printer). This is reflected in the presumptions in existing section 25.
However, improvements to the legislation register and the use of digital
signatures for verifying electronic material remove the need for such a narrow
approach. Consequently, remade section 25 (1) provides for a written copy of a
law, republication or legislative material to be an authorised version if it is
a written copy produced directly from an authorised electronic version. The
authorised electronic format used for ACT laws (locked pdf) enables downloaded
laws to be printed with complete accuracy, irrespective of the operating system
used in the computer into which the laws are downloaded and the system used for
printing. In practice, the same locked pdf file has been (and will continue to
be) used to publish an authorised electronic version of a law and any written
version published by authority of the ACT Government.
New section 25 (2) widens the presumptions in favour of authorised written
legislation to include written copies printed from authorised electronic
versions.
The presumption of accuracy in existing section 25 (2) has also been
extended to authorised written versions of legislative material (defined in new
section 22A). New section 25 (2) (d) provides this presumption for legislative
material.
Section 25 as remade no longer defines law. The definition
has been relocated in new section 22A inserted by another amendment.
[2.8] Section
26 (2), example 3
substitute
3 using an authorised written version of a republication
Explanatory note
This amendment brings the language of the example into line with sections
24 and 25 as remade by this part.
substitute
(4) For subsection (3), an authorised version of a law, republication or
legislative material is a reliable source of information.
Explanatory note
This amendment, consequential on the remaking of sections 24 and 25, widens
the scope of the subsection so that authorised versions of legislative material
are a reliable source of information.
[2.10] Section
28 (5) and (6)
substitute
(5) The making of the proposed law is notified in the Gazette
by—
(a) publishing the text of the law in the Gazette; or
(b) publishing in the Gazette a statement—
(i) that the law has been passed by the Legislative Assembly;
and
(ii) of the place or places where copies of the law can be obtained
(whether by purchase or otherwise).
(6) If the making of the proposed law is notified in the Gazette, the
parliamentary counsel must enter in the register—
(a) a statement that the law has been passed by the Legislative Assembly;
and
(b) a statement that the law was notified in the Gazette on a stated date;
and
(c) the text of the law.
(6A) If the making of the proposed law is notified in the Gazette by
publishing the statement mentioned in subsection (5) (b), copies of the law must
be available on the day of publication (the Gazette date), or as
soon as practicable after the Gazette date, at the place, or each of the places,
stated in the Gazette.
Explanatory note
The substituted subsections apply to cases where the making of an Act has
to be notified in the Gazette. This would only happen in exceptional cases, for
example, if some technical problem made notification using the legislation
register impracticable at the time for notification.
As such a case is likely to be rare, it may be preferable to publish the
Act in full in the Gazette (as can be done at present for registrable
instruments—see Legislation Act, section 61 (4) (a)) or to make
copies of the Act available for free rather than setting up special arrangements
for its sale. The remade subsections, therefore, authorise these things to be
done. Under the proposed subsections, if the making of an Act is initially
notified in the Gazette, the making of the Act and its text must in any event be
entered in the register (and made available at an approved web site). This can
be expected to happen very soon after Gazette notification and any special
arrangements for making copies of the Act available are likely to be needed only
for a short time.
Existing subsection (6) (b) requires ‘later’ entries to be made
in the legislation register about an Act notified in the Gazette. As these
entries should be made as soon as possible, the express requirement for a later
entry serves no purpose and has been omitted from the remade
provision.
omit
for purchase
Explanatory note
This amendment is consequential on the remaking of section 28
(5).
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of
subsections.
omit
statutory
substitute
registrable
Explanatory note
This amendment brings the language of section 59 (2) more closely into line
with the language of section 59 (1).
[2.14] Section
60 heading
substitute
60 Correction etc of name of registrable
instrument
Explanatory note
This amendment changes the heading (by adding ‘etc’) to better
reflect the section’s contents.
[2.15] Section
60 (1) (a)
omit
made
substitute
notified
Explanatory note
Section 60 deals with the parliamentary counsel’s power to correct
the name of a registrable instrument, including in cases where the name of the
instrument includes a year that is not the year that the instrument was made
(section 60 (1) (a)). Usually a registrable instrument is made and notified in
the same year, and it includes in its name the year it was made. However, if a
registrable instrument is made at the end of a year, but is not notified until
the next year, the name it bears should include the year that it was notified,
not made.
This amendment makes that change.
[2.16] Section
61 (4) (b) (ii)
substitute
(ii) of the place or places where copies of the instrument can be obtained
(whether by purchase or otherwise).
Explanatory note
This amendment, and the amendments of sections 61 (5), (6) and (7), apply
to cases where the making of a registrable instrument has to be notified in the
Gazette. This would only happen in exceptional cases, for example, if some
technical problem made notification using the legislation register impracticable
at the time for notification.
As these cases are likely to be rare, it may be preferable to make copies
of the instrument available for free rather than setting up special
arrangements for its sale. The amendments of section 61, therefore, authorise
this to be done. Under the amended section, if the making of a registrable
instrument is initially notified in the Gazette, the making of the instrument
and its text must in any event be entered in the register (and made available at
an approved web site). This can be expected to happen very soon after Gazette
notification and any special arrangements for making copies of the instrument
available are likely to be needed only for a short time.
omit
later
Explanatory note
Existing subsection (5) requires ‘later’ entries to be made in
the legislation register about a registrable instrument notified in the Gazette.
As these entries should be made as soon as possible, the express requirement for
a later entry serves no purpose and has been omitted.
omit
If
substitute
If the making of
Explanatory note
This amendment brings the language of section 61 (6) more closely into line
with the language of section 61 (5).
[2.19] Section
61 (6) and (7)
omit
for purchase
Explanatory note
See the explanatory note for the amendment of section 61 (4) (b)
(ii).
[2.20] Sections
65A (6) and 69 (6)
omit
later
Explanatory note
These amendments omit an unnecessary word. The amended provisions apply to
cases where the disallowance or amendment of a subordinate law or disallowable
instrument by the Legislative Assembly has to be notified in the Gazette. This
would only happen in exceptional cases, for example, if some technical problem
made notification using the legislation register impracticable at the time for
notification. In these cases, the existing provisions require that
‘later’ entries be made in the legislation register about the
disallowance or amendment of the instrument. As these entries should be made as
soon as possible, the express requirement for a later entry serves no
purpose.
[2.21] Section
73 (5) (d)
substitute
(d) section 79A (Commencement of amendment of uncommenced law);
(e) section 81 (Exercise of powers between notification and
commencement).
Explanatory note
This amendment is consequential on the insertion of new section 79A by
another amendment.
omit
the notification
substitute
its notification
Explanatory note
This amendment tightens language.
insert
79A Commencement of amendment of uncommenced
law
(1) This section applies if a law (the amending law) amends
a law that has not commenced (the uncommenced law).
(2) The amendment of the uncommenced law does not of itself commence that
law.
(3) The amendment made by the amending law commences on the commencement
of the uncommenced law.
(4) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6
for their displacement.
Explanatory note
This amendment inserts proposed new section 79A to make it clear that an
amendment of a law that has not commenced does not of itself commence the law,
and that the amendment commences on the commencement of the uncommenced law.
Because of the definition of law in section 72, the proposed
section will apply to the amendment of an uncommenced provision in the same way
as it applies to an uncommenced law.
[2.24] Section
91 (9), examples 4 and 5
substitute
4 If a section numbered ‘7A’ is to be inserted (by an amending
section headed ‘New section 7A’, with the command ‘in
division 2.2, insert’) into an amended law with an existing sequence
‘section 7 [in division 2.2]—division 2.3
[heading]—section 8’, inserted section 7A is inserted between
section 7 and the heading to division 2.3 (that is, at the end of division 2.2).
5 If a section numbered ‘7A’ is to be inserted (by an amending
section headed ‘New section 7A’, with the command ‘in
division 2.3, insert’) into an amended law with an existing sequence
‘section 7 [in division 2.2]—division 2.3
[heading]—section 8’, inserted section 7A is inserted between the
heading to division 2.3 and section 8 (that is, at the beginning of
division 2.3).
Explanatory note
This amendment brings the examples into line with current drafting
practice.
[2.25] Section
94 (4), new definition of appointment
insert
appointment includes acting appointment.
Explanatory note
This amendment makes it clear that a reference to appointment in section 94
includes an acting appointment.
[2.26] Section
107, definition of law, paragraph (b)
substitute
(b) all or part of an agreement or other instrument that has the force of
law or is in, or attached to, an Act or statutory instrument.
Explanatory note
This amendment makes it clear that all or any part of an agreement or
instrument mentioned in the paragraph can be republished. In some cases,
republication of the whole agreement or instrument may not assist users of the
republication and may cause needless cost.
omit
printed
substitute
written
Explanatory note
This amendment brings the language of the section into line with sections
24 and 25 as remade by this part.
[2.28] Section
141 (5) to (7)
omit
Explanatory note
This amendment omits provisions that will be covered by the provisions of
chapter 3 as amended by this part.
[2.29] Section
142, table 1, item 1, columns 2 and 3, note
omit
(Authorised versions and evidence of Acts and statutory
instruments)
substitute
(Authorised versions and evidence of laws and legislative
material)
Explanatory note
This amendment updates a reference to the heading of chapter 3 as amended
by this part.
[2.30] Section
178 heading
omit
authority
substitute
power
Explanatory note
This amendment brings the section more closely into line with current
drafting practice. Power is defined in the Legislation Act,
dictionary, part 1 to include authority, and is the drafting term used rather
than authority.
omit
authority
substitute
power
Explanatory note
This amendment brings the section more closely into line with current
drafting practice. Power is defined in the Legislation Act,
dictionary, part 1 to include authority, and is the drafting term used rather
than authority.
[2.32] New
section 199 (1A)
insert
(1A) To remove any doubt, subsection (1) applies in relation to a function
even though a law authorises or requires the function to be exercised in
writing.
Explanatory note
This amendment makes it clear that, if a function must or may be exercised
in writing, the function may be exercised by the body by resolution.
omit
the thing
substitute
the effect of the thing
Explanatory note
This amendment clarifies the provisions.
renumber subsections when Act next republished under Legislation
Act
Explanatory note
This amendment provides for the consequential renumbering of subsections
because of the insertion of new subsection (1A).
[2.35] New
division 19.3.2A
insert
Division 19.3.2A Standing acting
arrangements
225A Application of div 19.3.2A
This division applies to a position if a law provides that a person acts in
the position in stated circumstances.
Example
The Hypothetical Act 2003 provides for the deputy director of the
hypothetical entity to act in the position of director of the entity if the
position is vacant or the director cannot for any reason exercise the functions
of the position.
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).
225B Person acting may exercise functions
etc
(1) A person acting in the position has, subject to the law providing for
the acting or any other law, all the functions of the occupant of the
position.
Note Function is defined in the dict, pt 1 to include
authority, duty and power.
(2) All Territory laws apply in relation to the person as if the person
were the occupant of the position.
Explanatory note
This amendment inserts a new division that contains provisions applying to
standing acting arrangements, that is, where a law itself provides that in
stated circumstances a person automatically acts in a position. The Planning
and Land Act 2002, section 26 (3) is an example of such a law. The
provisions of the new division are based on provisions of the Act applying to
acting appointments (see section 220).
omit
the function
substitute
a function
Explanatory note
This amendment corrects a minor drafting error.
substitute
(3) A statutory instrument (other than a subordinate law or disallowable
instrument) is taken to be made by the Executive if it is signed by 2 or
more Ministers who are members of the Executive.
(4) A statutory instrument mentioned in subsection (3) made in accordance
with the subsection is taken to be made when it is signed by the second Minister
signing.
(5) This section is subject to section 41 (Making of certain statutory
instruments by Executive).
Explanatory note
This amendment makes it clear when a statutory instrument, other than a
subordinate law or disallowable instrument, made by the Executive is made.
Section 41 deals with the making of subordinate laws and disallowable
instruments by the Executive.
[2.38] Section
255 (1), note
substitute
Note See also s 46 (3), which deals with the repeal and replacement
of forms that are registrable instruments and prevents their
amendment.
Explanatory note
This amendment makes it clear that the forms dealt with in section 46 (3)
are forms that are registrable instruments.
substitute
302 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under this Act.
(2) The regulations may make provision in relation to notification in the
Gazette under the following sections:
(a) section 28 (Notification of Acts);
(b) section 61 (Notification of registrable instruments):
(c) section 65A (Notification of disallowance by resolution of
Assembly);
(d) section 69 (Notification of amendments made by resolution of
Assembly).
(3) In particular, the regulations may make provision in relation to the
form of the Gazette and its publication, including how it may or must be
published.
Explanatory note
This amendment remakes the regulation-making power to include provision for
cases where the making of an Act or registrable instrument, or the disallowance
or amendment of a subordinate law or disallowable instrument, has to be notified
in the Gazette. This would only happen in exceptional cases, for example, if
some technical problem made notification using the legislation register
impracticable at the time for notification. This could happen after normal
business hours at the ACT Government Shopfront. In these cases, it may be
necessary to publish a special edition of the Gazette promptly and make it
available elsewhere. The regulations would set out the requirements to be
satisfied in these cases.
[2.40] Dictionary,
part 1, new definition of OH&S commissioner
insert
OH&S commissioner means the Occupational Health and
Safety Commissioner under the Occupational Health and Safety Act
1989.
Explanatory note
This amendment inserts a new definition of OH&S
commissioner.
[2.41] Dictionary,
part 1, definition of Territory authority
substitute
Territory authority means a body established under an Act,
but does not include a body declared under the regulations not to be a Territory
authority.
Explanatory note
This amendment remakes the existing definition, which was inserted in the
former Interpretation Act 1967 in 1989 and relocated to the Legislation
Act in 2001. The remade definition refers simply to a ‘body’
without mentioning whether or not it is incorporated. That amplification is no
longer necessary because it is now part of the definition of ‘body’
in the Legislation Act, dictionary, part 1. The remade definition also allows
the regulations to set out bodies that are not to be Territory authorities. For
example, a body registered under the Cooperatives Act 2002 as a
cooperative, or an association incorporated under the Associations
Incorporation Act 1991, may be declared under the regulations not to be a
Territory authority.
[2.42] Dictionary,
part 2, new definition of Act
insert
Act, for chapter 14 (Interpretation of Acts and statutory
instruments)—see section 136.
Note See also def Act in dict, pt 1.
Explanatory note
This amendment inserts a signpost definition in accordance with current
drafting practice.
[2.43] Dictionary,
part 2, definition of law, new paragraph (aa)
before paragraph (a) insert
(aa) for chapter 3 (Authorised versions and evidence of laws and
legislative material)—see section 22A; and
Explanatory note
This amendment amends a signpost definition to take account of the
definition of law in new section 22A.
[2.44] Dictionary,
part 2, definition of law
renumber paragraphs when Act next republished under Legislation
Act
[2.45] Dictionary,
part 2, new definition of legislative material
insert
legislative material, for chapter 3 (Authorised versions and
evidence of laws and legislative material)—see section 22A.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[2.46] Dictionary,
part 2, definition of republication
substitute
republication—
(a) for chapter 3 (Authorised versions and evidence of laws and
legislative material)—see section 22A; and
(b) for chapter 11 (Republication of Acts and statutory
instruments)—see section 107.
Explanatory note
This amendment revises a signpost definition to take account of the
definition of republication in new section 22A.
[2.47] Dictionary,
part 2, new definition of working out the meaning of an
Act
insert
working out the meaning of an Act, for part 14.2 (Key
principles of interpretation)—see section 138.
Explanatory note
This amendment inserts a signpost definition in accordance with current
drafting practice.
Schedule
3 Technical
amendments
(see s 5)
Part
3.1 Animal Welfare Regulations
2001
omit
subsection (1)
substitute
subregulation (1)
Explanatory note
This amendment corrects a reference to a provision.
Part
3.2 Building and Construction Industry
Training Levy Act 1999
[3.2] Section
7 (2) and (3)
substitute
(2) A member is appointed by the Minister.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(3) An appointment must not be for 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).
Explanatory note
This amendment brings the subsections into line with current drafting
practice. In particular, it removes a provision that requires the instrument of
appointment to state the period of appointment. The Legislation Act, section
206 (2) provides that, if a law provides for a maximum period of appointment,
the period of appointment must be stated in the instrument of appointment. The
amendment also updates standard appointment notes.
omit
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
11 Ending of appointment
The Minister must end the appointment of a member if the
member—
Explanatory note
This amendment updates language (replacing ‘terminate’ with
‘end’). ‘End’ is the drafting term that is now used in
relation to appointments.
[3.5] Section
15, definition of owner
omit
for
substitute
of
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.6] Section
15, definition of public authority, paragraph (b)
omit
body corporate
substitute
corporation
Explanatory note
This amendment updates language.
[3.7] Section
15, definition of value
omit
for
substitute
of
Explanatory note
This amendment brings the definition into line with current drafting
practice.
omit
(as the case requires)
Explanatory note
This amendment omits unnecessary words.
[3.9] Section
22 (2), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
substitute
29 Appointment
The board may appoint a person as an inspector for this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being made in
writing. The Legislation Act, section 206 provides that an appointment must be
made, or evidenced, in writing. The amendment also inserts standard notes about
appointments.
omit
(as the case requires)
Explanatory note
This amendment omits unnecessary words.
[3.12] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• appoint
• document
• exercise
• function
• Minister
• penalty unit (see s 133)
• State
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.13] Dictionary,
definitions of owner and project owner
substitute
owner, of land, for part 3 (Levy on building and construction
work)—see section 15.
project owner, for work, for part 3 (Levy on building and
construction work)—see section 15.
Explanatory note
This amendment brings the signpost definitions into line with current
drafting practice.
[3.14] Dictionary,
new definition of qualified valuer
insert
qualified valuer, for part 3 (Levy on building and
construction work)—see section 15.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.15] Dictionary,
definition of value
substitute
value, of work, for part 3 (Levy on building and construction
work)—see section 15.
Explanatory note
This amendment brings the signpost definition into line with current
drafting practice.
Part
3.3 Building and Construction Industry
Training Levy Regulations 2001
[3.16] Regulation
3 heading
substitute
3 Qualified valuer—Act, s 15, def qualified
valuer
Explanatory note
This amendment brings the provision heading into line with current drafting
practice.
[3.17] Regulation
3 (1) (b), new note
insert
Note State is defined in the Legislation Act, dict, pt
1.
Explanatory note
This amendment inserts a new note, to help the reader find the meaning of a
term used in the provision.
Part
3.4 Bushfire Inquiry (Protection of
Statements) Act 2003
insert
(4) This Act is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
Explanatory note
The Bushfire Inquiry (Protection of Statements) Act 2003 (the
Inquiry Act), section 4 provides a defence to an action for
defamation in relation to making of statements, or the giving of documents, to
the McLeod Inquiry into the operational response to the January 2003
bushfires in the ACT. It also provides a defence to an action for defamation
arising from the publication of certain reports of the inquiry, or a fair
summary of them or extract from them.
The Legislation Act, section 88 (2), provides that if a law (the
savings law) declares that a law (the declared law)
is a law to which that section applies, the effect of the declared law does not
end only because of the repeal of the declared law (which includes its
expiry—see Legislation Act, section 82, definition of
repeal).
The Inquiry Act, section 5 provides for the expiry of the Act on 30
September 2003, or on a later date determined by the Minister. The proposed
amendment removes any doubt about whether the defence provided by the Act would
still be available after 30 September 2003 (or after any Ministerially
declared later date).
Part
3.5 Civil Law (Wrongs) Act
2002
[3.19] Section
38 (3), definition of ABS
omit
Explanatory note
This amendment is consequential on the next amendment.
[3.20] Section
38 (3), definition of average weekly earnings
substitute
average weekly earnings means—
(a) the average weekly earnings, States and Territories, seasonally
adjusted for the ACT (all males total earnings) contained in Average Weekly
Earnings, Australia issued by the Australian Statistician; or
(b) if the Australian Statistician issues a publication (however
described) containing average weekly earnings in substitution for, or instead
of, the average weekly earnings mentioned in paragraph (a)—the substituted
average weekly earnings.
Explanatory note
This amendment replaces an incorrect reference to the ABS (the Australian
Bureau of Statistics) with a reference to the ‘Australian
Statistician’ and updates the reference to the publication issued by the
Australian Statistician.
Part
3.6 Crimes (Forensic Procedures) Act
2000
[3.21] Section
18, table, item 1, column 2
omit
17
substitute
19
Explanatory note
This amendment updates a cross-reference.
Part
3.7 Discrimination Act
1991
omit
render
substitute
make
Explanatory note
This amendment updates language.
substitute
1 Name of Act
This Act is the Discrimination Act 1991.
Explanatory note
This amendment revises the section providing for the Act’s name to
bring it into line with current drafting practice.
renumber as section 4
Explanatory note
New section 2 (Dictionary) and new section 3 (Notes) are inserted by a
later amendment, so this amendment renumbers existing section 3 as new section
4.
[3.25] Section
4 (1), definition of commissioner
substitute
commissioner means the Discrimination Commissioner.
Explanatory note
This amendment updates the definition.
[3.26] Section
4 (1), definition of contract worker
substitute
contract worker means a person (the worker) who
does work for someone else (the third person) under a contract
between the worker’s employer and the third person.
Explanatory note
This amendment revises the language of the definition to bring it more
closely into line with current drafting practice.
[3.27] Section
4 (1), new definition of disability
insert
disability—see section 5AA (Meaning of
disability).
Explanatory note
This amendment inserts a new definition of disability that
replaces the existing definition of impairment (omitted by the
next amendment). The term ‘disability’ is to be used in the Act
instead of ‘impairment’.
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
[3.28] Section
4 (1), definition of impairment
omit
Explanatory note
This amendment is consequential to the above amendment.
[3.29] Section
4 (1), definition of principal
substitute
principal means—
(a) for a commission agent—a person for whom the commission agent
does work as a commission agent; or
(b) for a contract worker—a person for whom the contract worker does
work under a contract between the contract worker’s employer and the
person.
Explanatory note
This amendment revises the language of the definition to bring it more
closely into line with current drafting practice.
[3.30] Section
4 (1), definition of relevant class of persons
substitute
relevant class of people means a class of people whose
members are identified by reference to an attribute mentioned in section
7.
Explanatory note
This amendment revises the definition to bring it more closely into line
with current drafting practice.
[3.31] Section
4 (1), definition of services, paragraph (e)
substitute
(e) services provided by a government, government authority, local
government body or corporation in which a government has a controlling interest;
and
Explanatory note
This amendment replaces the reference to ‘a company or other body
corporate’ with ‘corporation’. Corporation is
defined in the Legislation Act, dictionary, part 1 to include a body politic or
corporate.
[3.32] Section
4 (1), definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary inserted by a
later amendment.
[3.33] Section
4, 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 words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act.
For example, the signpost definition
‘discriminate—see section 8.’ means that the
word ‘discriminate’ is defined in section 8.
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 standard dictionary and notes provisions in line
with current drafting practice. A new dictionary is inserted by a later
amendment.
insert
4A Meaning of doing an
act
(1) In this Act:
doing an act includes failing to do the act.
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
(2) In this Act, a reference to doing an act
because of a particular matter includes a reference to doing an act
because of 2 or more matters that include the particular matter, whether or not
the particular matter is the dominant or substantial reason for doing the
act.
Explanatory note
This amendment converts former section 4 (2) into a new definition of
doing in new section 4A (1), and former section 4 (3) into new
section 4A (2), in line with current drafting practice.
substitute
5 Meaning of complainant and
respondent
In this Act:
complainant means—
(a) for a complaint lodged by an agent—the person or each person on
whose behalf the complaint is lodged; and
(b) for an investigation for which there are 2 or more
complainants—each complainant.
respondent means—
(a) for a complaint—the person who is alleged to have done the act
or acts to which the complaint relates; and
(b) for an investigation of a complaint for which there are 2 or more
respondents—each respondent; and
(c) for an investigation initiated by the commissioner—each person
whose actions are the subject of the investigation.
Explanatory note
This amendment brings the definitions into line with current drafting
practice.
[3.36] Section
5AA heading
omit
impairment
substitute
disability
Explanatory note
This amendment is consequential on the next amendment.
[3.37] Section
5AA (1), definition of impairment
omit
impairment
substitute
disability
Explanatory note
This amendment amends what was the definition of impairment
to make it a definition of disability. The term
‘disability’ is to be used in the Act instead of
‘impairment’.
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
omit
impairment includes an impairment
substitute
disability includes a disability
Explanatory note
This amendment is consequential on the change of terminology from
‘impairment’ to ‘disability’.
[3.39] Section
5AA (2) (a) to (c)
omit
impairment
substitute
disability
Explanatory note
This amendment is consequential on the change of terminology from
‘impairment’ to ‘disability’.
omit everything before paragraph (a), substitute
5A Meaning of potential
pregnancy
In this Act:
potential pregnancy, of a woman, includes—
Explanatory note
This amendment brings the definition into line with current drafting
practice.
substitute
6 MLAs as employers
(1) For this Act, a member of the Legislative Assembly (in his or her
capacity as an office-holder or otherwise) is taken to be an employer in
relation to a person who is, or who is seeking to be, employed under the
Legislative Assembly (Members’ Staff) Act 1989, section 5 or 10 as
a member of the staff of the member.
(2) In this section:
office-holder—see the Legislative Assembly
(Members’ Staff) Act 1989, section 3.
Explanatory note
This amendment updates language and brings the form of the provision in
line with current drafting practice. In particular, the Legislation Act,
dictionary, part 1 defines for, in relation to an Act, to include
for the purposes of the Act.
substitute
(j) disability;
Explanatory note
This amendment replaces ‘impairment’ with
‘disability’. The term ‘disability’ is to be used in
the Act instead of ‘impairment’.
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
omit everything before paragraph (a), substitute
(2) In this Act, a reference to an attribute mentioned in subsection (1)
includes—
Explanatory note
This amendment updates language.
omit
determining
substitute
deciding
Explanatory note
This amendment updates language.
substitute
(2) This section does not limit the operation of section 8 in relation to
discrimination on the ground of disability.
Explanatory note
This amendment updates language and is also consequential on the change of
terminology from ‘impairment’ to ‘disability’.
omit
Nothing in this Act shall be taken to
substitute
This Act does not
Explanatory note
This amendment updates language.
[3.47] Section
9 (4), definition of assistance animal
omit
a disability
substitute
the person’s disability
Explanatory note
This amendment is consequential on the change of terminology from
‘impairment’ to ‘disability’.
[3.48] Section
10 (1) (a) and (b)
omit
determining
substitute
deciding
Explanatory note
This amendment updates language.
[3.49] Section
12 (1) (a) and (b)
omit
determining
substitute
deciding
Explanatory note
This amendment updates language.
[3.50] Section
14 (1) (a) and (2) (a)
omit
determining
substitute
deciding
Explanatory note
This amendment updates language.
[3.51] Section
15 (2) (a)
omit
refusing or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.52] Section
15 (2), new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
omit
refusing or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.54] Section
16, new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
[3.55] Section
18 (1) (a)
omit
refusing or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.56] Section
18 (1), new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
after
premises
insert
(public premises)
Explanatory note
This amendment inserts a tagged-term definition to allow the language of
the section to be updated.
omit
any such
substitute
public
Explanatory note
This amendment updates language.
omit
such
substitute
public
Explanatory note
This amendment updates language.
substitute
(d) by refusing to allow the other person the use of any facilities
(public facilities) in public premises that the public or a
section of the public is entitled or allowed to use (whether for payment or
not); or
Explanatory note
This amendment inserts a tag-term definition to allow the language of the
section to be updated and updates language.
omit
any such
substitute
public
Explanatory note
This amendment updates language.
omit
such
substitute
public
Explanatory note
This amendment updates language.
omit 1st mention of
person
substitute
person (the provider)
Explanatory note
This amendment allows the next amendment to update language by replacing
‘firstmentioned’ with the tag term ‘provider’.
[3.64] Section
20 (b) and (c)
omit
firstmentioned person
substitute
provider
Explanatory note
This amendment updates language.
[3.65] Section
22 (1) (a)
omit
refusing or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.66] Section
22 (1), new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
[3.67] Section
22 (2) (b)
omit
refusing or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.68] Sections
24 and 25
substitute
24 Domestic duties
Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a
person (the first person) to discriminate against someone else in
relation to a position as an employee or contract worker if the duties of the
position involve doing domestic duties on the premises where the first person
lives.
25 Residential care of children
Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a
person to discriminate against someone else in relation to a position as an
employee or contract worker if the duties of the position involve the care of a
child where the child lives.
Explanatory note
This amendment updates language.
omit
Nothing in this Act prevents
substitute
This Act does not prevent
Explanatory note
This amendment updates language.
substitute
26A Preselection by employment
agencies
Part 3 or 4 does not make unlawful discrimination by an employment agency
in the selection of people as suitable for a job vacancy if, had the proposed
employer discriminated against the person in the same way, the discrimination
would not have been unlawful.
Explanatory note
This amendment updates language.
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
substitute
28 Insurance
Part 3 does not make it unlawful for a person (the first
person) to discriminate against someone else (the second
person) in relation to the terms on which an annuity or policy of
insurance is offered to, or may be obtained by, the second person, if the
discrimination is reasonable in the circumstances, having regard to any
actuarial or statistical data on which it is reasonable for the first person to
rely.
Explanatory note
This amendment updates language.
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(2) For discrimination on the ground of age, subsection (1) applies only
if—
Explanatory note
This amendment updates language.
[3.75] Section
29 (3) (a) and (4)
omit
the commencement date
substitute
4 March 1994
Explanatory note
This amendment replaces a reference to the commencement date with the
actual date to assist readers.
[3.76] Section
29 (5), definition of commencement date
omit
Explanatory note
This amendment omits the definition consequential on the substitution of
the actual date by other amendments.
[3.77] Section
29 (5), definitions of existing superannuation fund condition
and new superannuation fund condition
omit
the commencement date
substitute
4 March 1994
Explanatory note
This amendment replaces references to the commencement date with the actual
date to assist readers.
omit
Nothing in this Act renders
substitute
This Act does not make
Explanatory note
This amendment updates language.
substitute
31 Voluntary bodies
Part 3 does not make it unlawful for a voluntary body to discriminate
against a person in relation to—
(a) the admission of people as members of the body; or
(b) the provision of benefits, facilities or services to people, whether
the people are members of the body or otherwise.
Explanatory note
This amendment updates language.
omit
Nothing in part 3 applies
substitute
Part 3 does not apply
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(1) Section 10 or 13 does not make it unlawful for a person (the
first person) to discriminate against someone else in relation
to—
Explanatory note
This amendment updates language and allows a later amendment to replace
‘firstmentioned’ with the tag term ‘first
person’.
[3.82] Section
33 (1) (b)
omit
the doing of work
substitute
doing work
Explanatory note
This amendment simplifies language as a result of the new definition of
doing an act (see proposed new section 4A (Meaning of
doing an act)) inserted by an earlier amendment.
omit
firstmentioned
substitute
first
Explanatory note
This amendment updates language.
omit everything before
the provision
substitute
(2) Section 18 does not make it unlawful for a person (the first
person) to discriminate against someone else in relation to
Explanatory note
This amendment updates language.
omit
firstmentioned
substitute
first
Explanatory note
This amendment updates language.
[3.86] Section
34 heading
substitute
34 Genuine occupational
qualifications—sex
Explanatory note
This amendment distinguishes the section heading from other section
headings in the Act.
substitute
(1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b)
or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to
discriminate against someone else (the relevant person) on the
ground of sex in relation to a position as an employee, commission agent,
contract worker or partner if it is a genuine occupational qualification for the
position that the position be filled by a person of the opposite sex to the
relevant person.
Explanatory note
This amendment updates language.
omit
the generality of
Explanatory note
This amendment omits unnecessary words.
omit
Nothing in section 18 renders
substitute
Section 18 does not make
Explanatory note
This amendment updates language.
omit
refusal or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.91] Section
36, new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
substitute
37 Pregnancy, childbirth or
breastfeeding
Part 3 does not make it unlawful for a person to discriminate against a man
on the ground of sex only because the person gives a woman rights or privileges
in relation to pregnancy, childbirth or breastfeeding.
Explanatory note
This amendment updates language.
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
[3.94] Section
39 (1) (a)
omit
determined
substitute
decided
Explanatory note
This amendment updates language.
substitute
(2) Part 3 does not make unlawful discrimination on the ground of sex in
relation to the provision of accommodation if the accommodation is provided
solely for people of one sex who are students at an educational
institution.
Explanatory note
This amendment updates language.
omit
Nothing in section 22 renders
substitute
Section 22 does not make
Explanatory note
This amendment updates language.
omit
Nothing in section 22 (1) (b) or 22 (2) renders
substitute
Section 22 (1) (b) or 22 (2) does not make
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(3) In deciding any matter relating to the application of subsection (2),
the following must be taken into account:
Explanatory note
This amendment updates language.
[3.99] Section
40 (3) (a) to (c)
omit
and
Explanatory note
This amendment is consequential on another amendment of section 40
(3).
[3.100] Section
40 (3) (d)
omit
women; and
substitute
women;
Explanatory note
This amendment is consequential on another amendment of section 40
(3).
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
[3.102] Section
42 heading
substitute
42 Genuine occupational
qualifications—race
Explanatory note
This amendment distinguishes the section heading from other section
headings in the Act.
substitute
(1) Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b)
or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to
discriminate against someone else (the relevant person) on the
ground of race in relation to a position as an employee, commission agent,
contract worker or partner if it is a genuine occupational qualification for the
position that the position be filled by a person of a different race to the
relevant person.
Explanatory note
This amendment updates language.
omit
the generality of
Explanatory note
This amendment omits unnecessary words.
[3.105] Section
43 (1) and (2)
substitute
(1) Section 22 does not make unlawful discrimination on the ground of race
in relation to a club that has as its principal object providing benefits for
people of a stated race if those people are described other
than—
(a) by reference to colour; or
(b) in a way that has the effect of excluding some members of that race on
the basis of colour.
(2) In deciding what the principal object of the club is for
subsection (1), the following must be taken into account:
(a) the essential character of the club;
(b) if the people mainly enjoying the benefits of membership are of the
race stated in the principal object;
(c) any other relevant circumstance.
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
44 Religious workers
Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or
section 14 (1) (a) or (2) (a) does not make unlawful—
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
45 Political workers etc
Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or
section 14 (1) (a) or (2) (a) does not make unlawful discrimination on the
ground of political conviction in relation to employment or
work—
Explanatory note
This amendment updates language.
omit
Nothing in section 18 renders
substitute
Section 18 does not make
Explanatory note
This amendment updates language.
omit
refusal or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.110] Section
46, new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
substitute
47 Unjustifiable hardship
In deciding what is unjustifiable hardship for this division, all the
relevant circumstances of the particular case must be taken into account,
including the following:
(a) the nature of the benefit or detriment likely to accrue or be suffered
by all people concerned;
(b) the nature of the disability of the person concerned;
(c) the financial circumstances of, and the estimated amount of
expenditure by, the person claiming unjustifiable hardship.
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
48 Genuine occupational
qualifications—disability
Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or
section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against
a person on the ground of disability in relation to employment or work that
involves any of the following activities:
Explanatory note
This amendment distinguishes the section heading from other section
headings in the Act and updates language.
substitute
(c) providing people who have a particular disability with services for
the purpose of promoting their welfare, if the services can most effectively be
provided by a person with a similar disability;
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(2) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or
(b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not
make it unlawful for a person (the first person) to discriminate
against someone else on the ground of disability in relation to any setting by
the first person of terms or conditions for the performance of work that is
essential to the position concerned, if the terms or conditions are reasonable
having regard to either or both of the following:
Explanatory note
This amendment updates language.
substitute
(3) In this section:
disability, of a person, includes a disability
that the person has.
Note Disability is defined for the Act in s 5AA.
Explanatory note
This amendment amends what was the definition of impairment
for the section to make it a definition of disability. The term
‘disability’ is to be used in the Act instead of
‘impairment’.
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
substitute
(2) In this section:
disability, of a person, includes a disability
that the person has.
Note Disability is defined for the Act in s 5AA.
Explanatory note
This amendment amends what was the definition of impairment
for the section to make it a definition of disability. The term
‘disability’ is to be used in the Act instead of
‘impairment’.
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
omit
Nothing in section 18 renders
substitute
Section 18 does not make
Explanatory note
This amendment updates language.
omit
refusal or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
[3.119] Section
51 (1), new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
omit
Nothing in section 18 renders
substitute
Section 18 does not make
Explanatory note
This amendment updates language.
omit
refusal or
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines fail to include refuse.
omit
Nothing in section 19 renders
substitute
Section 19 does not make
Explanatory note
This amendment updates language.
substitute
53 Discrimination in the provision of goods and
services
(1) Section 20 does not make unlawful discrimination on the ground of
disability in relation to the provision of goods, services or facilities
if—
(a) because of a person’s disability, the goods, services or
facilities would have to be provided in a special way; and
(b) their provision in that way would impose unjustifiable hardship on the
person providing, or proposing to provide, the goods, services or
facilities.
(2) In this section:
services includes services provided by an employment
agency.
Explanatory note
This amendment updates language and brings the provision into line with
current drafting practice.
omit
Nothing in section 21 renders
substitute
Section 21 does not make
Explanatory note
This amendment updates language.
omit
Nothing in section 22 renders
substitute
Section 22 does not make
Explanatory note
This amendment updates language.
substitute
(2) In deciding what the principal object of a club is for subsection (1),
the following must be taken into account:
(a) the essential character of the club;
(b) if the people mainly enjoying the benefits of membership have the
particular disability;
(c) any other relevant circumstance.
Explanatory note
This amendment updates language.
substitute
(3) Section 22 does not make it unlawful to discriminate against a person
on the ground of disability if the discrimination is in relation to the
enjoyment of any benefit provided by a club if—
(a) because of the person’s disability, the benefit would have to be
provided to the person in a special way; and
(b) the provision of the benefit in that way would impose unjustifiable
hardship on the club.
Explanatory note
This amendment updates language.
[3.128] Sections
56 and 57 (1)
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
[3.129] Section
57 (1) (b)
substitute
(b) if the activity is conducted for, or mainly for, people who have a
particular kind of disability—the person does not have a disability of
that kind.
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
57A Genuine occupational
qualifications—age
Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or
section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against
a person on the ground of age in relation to employment or work that involves
any of the following activities:
Explanatory note
This amendment distinguishes the section heading from other section
headings in the Act and updates language.
substitute
(c) providing people belonging to a particular age group with services for
the purpose of promoting their welfare, if the services can most effectively be
provided by a person belonging to a particular age group.
Explanatory note
This amendment updates language.
[3.132] Section
57B (1) and (2)
substitute
(1) This section applies if an award provides for the payment of reduced
wages to employees under 21 years old.
(2) If this section applies, section 10 (1) or 10 (2) (a) or (b) does not
make it unlawful for an employer to discriminate against a person on the ground
of age—
(a) if the person is 21 years old or older—in relation to the offer
of employment to a person under 21 years old; or
(b) if the person is under 21 years old—in relation to the payment
of reduced wages to the person in accordance with the award.
Explanatory note
This amendment updates language.
substitute
57C Employment and work—health and
safety
(1) Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or
(b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not
make it unlawful to discriminate against a person on the ground of age in
relation to employment or work, or qualifications for employment or work, if the
discrimination is practised in order to comply with reasonable health and safety
requirements relevant to the employment or work.
(2) In deciding what health and safety requirements are reasonable for
subsection (1), all the relevant circumstances of the particular case must be
taken into account, including the effects of the discrimination on the person
discriminated against.
Explanatory note
This amendment updates language.
substitute
(1) Section 18 does not make it unlawful to discriminate against a person
on the ground of age in relation to the admission of the person to an
educational institution if the level of education or training sought is provided
only for students older than a particular age.
Explanatory note
This amendment updates language.
omit
Nothing in section 18 renders it unlawful to refuse or fail
substitute
Section 18 does not make it unlawful to fail
Explanatory note
This amendment updates language and omits unnecessary words. The
Legislation Act, dictionary, part 1 defines fail to include
refuse.
[3.136] Section
57E (2), new note
insert
Note The Legislation Act, dict, pt 1 defines fail to
include refuse.
Explanatory note
This amendment inserts a note to remind readers about the extended meaning
of fail.
substitute
57G Legal incapacity
Part 3 does not make it unlawful to discriminate against a person on the
ground of age in relation to a transaction if the person is subject to a legal
incapacity because of his or her age and the incapacity is relevant to the
transaction.
Explanatory note
This amendment updates language.
substitute
57H Benefits and concessions
Division 3.2 does not make it unlawful to discriminate against a person in
relation to the provision of genuine benefits, including concessions, to someone
else because of his or her age.
Explanatory note
This amendment updates language.
omit
Nothing in section 19 or 20 renders
substitute
Section 19 or 20 does not make
Explanatory note
This amendment updates language.
substitute
(2) In deciding what health and safety requirements are reasonable for
subsection (1), all the relevant circumstances of the particular case must be
taken into account, including the effects of the discrimination on the person
discriminated against.
Explanatory note
This amendment updates language.
omit
Nothing in section 20 or 21 renders
substitute
Section 20 or 21 does not make
Explanatory note
This amendment updates language.
substitute
57L Clubs
(1) Section 20 or 22 does not make it unlawful for a club to discriminate
against a person on the ground of age if the club’s principal object is
providing benefits for people belonging to a particular age group.
(2) In deciding what the principal object of a club is for subsection (1),
the following must be taken into account:
(a) the essential character of the club;
(b) if the people mainly enjoying the benefits of membership belong to the
particular age group stated in the club’s objects;
(c) any other relevant circumstances.
Explanatory note
This amendment updates language.
substitute
57M Sport
(1) Part 3 does not make it unlawful to discriminate against a person on
the ground of age by his or her exclusion from participation in any competitive
sport if competition is only allowed between people belonging to a particular
age group.
(2) This section does not apply in relation to the exclusion of people
from participation in—
(a) coaching people doing any sporting activity; or
(b) umpiring or refereeing any sporting activity; or
(c) administering any sporting activity; or
(d) any sporting activity prescribed under the regulations.
Explanatory note
This amendment updates language.
omit
Nothing in part 3 renders
substitute
Part 3 does not make
Explanatory note
This amendment updates language.
substitute
58 Meaning of sexual harassment for pt
5
(1) In this part:
sexual harassment—a person subjects someone else to
sexual harassment if the person makes an unwelcome sexual advance,
or an unwelcome request for sexual favours, to the other person or engages in
other unwelcome conduct of a sexual nature in circumstances in which the other
person reasonably feels offended, humiliated or intimidated.
(2) In this section:
conduct, of a sexual nature, includes the making of a
statement of a sexual nature to, or in the presence of, a person, whether the
statement is made orally or in writing.
Explanatory note
This amendment brings the form of the provision into line with current
drafting practice.
[3.146] Section
65 heading
substitute
65 Meaning of public act for pt
6
Explanatory note
This amendment brings the heading into line with current drafting
practice.
[3.147] Section
65, definition of public act, paragraph (b)
omit
not being
substitute
other than
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(2) This section does not make unlawful—
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
(1) It is unlawful for a person (the first person) to
subject someone else to any detriment on the ground that the other person
has—
Explanatory note
This amendment updates language and allows a later amendment to update
language by replacing ‘firstmentioned’ with the tag term
‘first person’.
[3.150] Section
68 (1) (c)
substitute
(c) given information or produced a document to a person exercising a
function under or for this Act; or
Explanatory note
This amendment omits unnecessary words and updates language.
Function is defined in the Legislation Act, dictionary, to include
authority, duty and power.
omit
firstmentioned
substitute
first
Explanatory note
This amendment updates language.
[3.152] Section
70 heading
substitute
70 Meaning of party for pt
8
Explanatory note
This amendment brings the heading into line with current drafting
practice.
omit everything before
conduct
substitute
(2) If, apart from an exception, excuse, qualification or exemption under
this Act,
Explanatory note
This amendment updates language and omits unnecessary words. The
Legislation Act, dict, pt 1 defines under to include ‘by
virtue of’.
omit everything before paragraph (b), substitute
(2) A person must not act as an agent unless the person
is—
(a) authorised in writing to act on behalf of the aggrieved person or
people concerned; or
Explanatory note
This amendment updates language.
omit everything before paragraph (a), substitute
73 Investigation
The commissioner must investigate a complaint made in accordance with
section 72 to decide—
Explanatory note
This amendment updates language.
substitute
74 Notice of investigation
Before beginning an investigation in relation to a complaint, the
commissioner must give each party written notice that the complaint is to be
investigated.
Explanatory note
This amendment updates language.
substitute
(1) Subject to this part, an investigation is to be conducted in the way
the commissioner considers appropriate.
Explanatory note
This amendment updates language.
[3.158] Section
79 heading
omit
precluded
substitute
prevented
Explanatory note
This amendment updates language.
omit
Nothing in section 78 prevents
substitute
Section 78 does not prevent
Explanatory note
This amendment updates language.
omit
of his or her own motion
substitute
on his or her own initiative
Explanatory note
This amendment updates language.
substitute
(1) If, because of the investigation of a complaint lodged under
section 72, the commissioner decides that a relevant ground exists in
relation to the complaint, the commissioner must decline the
complaint.
Explanatory note
This amendment updates language.
omit
the purposes of
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines for, in relation to an Act, to include for the
purposes of the Act.
substitute
(3) A conference must be held in private and is to be conducted in the way
the commissioner considers appropriate.
Explanatory note
This amendment updates language.
[3.164] Section
82 (4) (a)
substitute
(a) an individual is not entitled to be represented at a conference by
someone else; and
Explanatory note
This amendment updates language and replaces ‘natural person’
with ‘individual’. Individual is defined in the
Legislation Act, dictionary, part 1 to mean a natural person.
[3.165] Section
82 (4) (b)
omit
of persons (whether incorporated or unincorporated)
Explanatory note
This amendment omits an unnecessary reference to body ‘of persons
(whether incorporated or unincorporated)’. Body is defined
in the Legislation Act, dictionary, part 1 to include any group of people joined
together for a common purpose, whether incorporated or unincorporated.
omit
determined
substitute
decided
Explanatory note
This amendment updates language.
substitute
84 Conduct of conciliation
Conciliation is to be conducted in the way the commissioner considers
appropriate.
Explanatory note
This amendment updates language.
[3.168] Section
91 (1) (c) and (d)
omit
determine
substitute
decide
Explanatory note
This amendment updates language.
substitute
(2) The tribunal may, on application or its own initiative, direct that a
hearing or part of a hearing take place in private and give directions about the
people who may be present.
Explanatory note
This amendment updates language.
substitute
(1) The tribunal may sit in the places in the ACT that the president
decides.
Explanatory note
This amendment updates language. In particular, when ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
substitute
(2) Subsection (1) does not prevent the representation of a party that is
a body by a member, officer or employee of the party.
Explanatory note
This amendment updates language and omits an unnecessary reference to body
‘of persons’. Body is defined in the Legislation Act,
dictionary, part 1 to include any group of people joined together for a common
purpose, whether incorporated or unincorporated.
[3.172] Section
102 (3) (b) and (4) (b)
omit
determined
substitute
decided
Explanatory note
This amendment updates language.
omit
Nothing in this division permits
substitute
This division does not permit
Explanatory note
This amendment updates language.
omit
commencement
substitute
beginning
Explanatory note
This amendment updates language.
omit everything after paragraph (c), substitute
must not be published, or must not be published except in the way, or to
the people, the commissioner or tribunal specifies.
Explanatory note
This amendment updates language.
[3.176] Section
108C (4) (c)
substitute
(c) must permit a person who would be entitled to inspect the document (if
it was not in the possession of the commissioner or tribunal) to inspect the
document at any reasonable time during the period.
Explanatory note
This amendment updates language.
omit
nothing in this Act confers on
substitute
this Act does not give
Explanatory note
This amendment updates language.
omit
shall, for the purposes of this Act, be taken
substitute
is taken, for this Act,
Explanatory note
This amendment updates language. The Legislation Act, dictionary, part 1
defines for, in relation to an Act, to include for the purposes of
the Act.
omit
determines
substitute
decides
Explanatory note
This amendment updates language.
[3.180] Section
110A, new note
insert
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 inserts a new note, consequent on the omission of section
110B (2) by the next amendment. Section 110B (2) stated that the tribunal has
the powers necessary and convenient to exercise the tribunal’s
function.
omit
Explanatory note
This amendment omits an unnecessary provision. Section 110B (1) states
that the tribunal has the functions and powers given to it under the Act. It is
not necessary to state that.
Section 110B (2) is not necessary, because the Legislation Act, section 196
provides that a provision of a law that gives a function to an entity
(including a person) also gives the entity powers necessary and convenient to
exercise the function.
[3.182] Section
110C (2), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, 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.
[3.183] Section
110E heading
substitute
110E Conditions of appointment
generally
Explanatory note
This amendment updates language (replacing ‘terms’ with
‘conditions’) in line with current drafting practice.
omit
terms
substitute
conditions
Explanatory note
This amendment updates language in line with current drafting
practice.
omit
Explanatory note
This amendment removes a provision that requires the instrument of
appointment to state the period of appointment. The Legislation Act, section
206 (2) provides that, if a law provides for a maximum period of appointment
(see section 110G (1)), the period of appointment must be stated in the
instrument of appointment.
renumber as section 110F (b)
Explanatory note
This amendment provides for the consequential renumbering of a
provision.
[3.187] Section
110G (2), 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 the ending of an
appointment.
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
substitute
(4) The registrar may delegate the registrar’s functions under this
Act 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, as follows:
• the words ‘in writing’ have been omitted because the
Legislation Act, section 232 provides that a delegation must be made, or
evidenced, in writing;
• 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 ‘all or any’ (of the registrar’s
functions) have been 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.
This amendment also inserts a standard note about delegations.
[3.190] Section
110K (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
omit everything before subsection (1) (a), substitute
111 The Discrimination
Commissioner
There is to be a Discrimination Commissioner.
112 Functions of commissioner
The commissioner has the following functions:
Explanatory note
This amendment updates language and is consequential on other amendments of
the section and existing section 112. Existing section 111 is also renumbered
as section 112 by the amendment.
[3.192] Section
111 (1) (f) and (g)
substitute
(f) to exercise any other function given to the commissioner under this
Act or another Territory law;
(g) to exercise any functions of the Commonwealth commission given to the
commissioner under an arrangement made under the Human Rights and Equal
Opportunity Commission Act 1986 (Cwlth);
Explanatory note
This amendment updates language and brings the paragraphs into line with
current drafting practice.
[3.193] Section
111 (1), new note
insert
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 inserts a new note, consequent on the omission of section
111 (2) by the next amendment. Section 111 (2) stated that the commissioner has
the powers necessary and convenient to exercise the commissioner’s
function.
omit
Explanatory note
This provision is not necessary, because the Legislation Act, section 196
provides that a provision of a law that gives a function to an entity
(including a person) also gives the entity powers necessary and convenient to
exercise the function.
[3.195] Sections
112 and 114
substitute
113 Appointment of commissioner
The discrimination commissioner is appointed by the Executive.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
114 Term of appointment of
commissioner
The commissioner must be appointed for a term of not longer than
7 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).
Explanatory note
Existing section 112 (1) is remade, in an updated form, as new section 113.
Standard notes about appointments are also inserted.
The part of section 112 setting up the office of Discrimination
Commissioner has been moved to a separate section in accordance with current
drafting practice (see new section 111).
Existing section 112 (2) is remade, in an updated form, as new section 114.
The existing subsection included an unnecessary reference to the commissioner
holding office for the period stated in the instrument of appointment. The
Legislation Act, section 206 (2) provides that, if a law provides for a maximum
period of appointment (which this provision does), the instrument of appointment
must state the period for which the appointment is made.
Existing section 112 (2) also included an unnecessary reference to
reappointment. 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 section 114 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 note to this effect is inserted in section 115 by
the next amendment.
[3.196] Sections
115 to 117
substitute
115 Ending of appointment of
commissioner
The Executive may end the appointment of the commissioner for misbehaviour
or physical or mental incapacity.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
116 Conditions of appointment of
commissioner
The commissioner holds the position on the conditions (if any) about
matters not provided for by this Act that are decided by the Minister in
writing.
Explanatory note
This amendment updates language and inserts a standard note about the
ending of an appointment.
Existing section 117 (about acting appointments) is no longer necessary,
for the following reasons:
• the Legislation Act, section 209 provides that a power to make an
appointment includes the power to make an acting appointment during vacancies
and when the holder of the position is not available; and
• the bar on acting for longer than 1 year is contained in the
Legislation Act, section 221 (1); and
• the Legislation Act, section 225 states that an acting appointment
is not affected by a defect etc.
substitute
120 Delegation
The commissioner may delegate the commissioner’s functions under
section 80 or 82 to a member of the commissioner’s staff.
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 words ‘in writing’ have been omitted because the
Legislation Act, section 232 provides that a delegation must be made, or
evidenced, in writing;
• 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 word ‘any’ (of the commissioner’s functions)
has been 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.
This amendment also inserts a standard note about delegations.
omit
or an acting president
Explanatory note
This amendment omits unnecessary words. The Legislation Act, section 220
(b) states that where a person is acting in a position, all Territory laws apply
in relation to the person as if the person were the occupant of the
position.
omit
or power
Explanatory note
This amendment omits unnecessary words. Function is defined
in the Legislation Act, dictionary, to include authority, duty and
power.
[3.200] Section
122 (1), definition of person to whom this section applies, paragraph
(a)
omit
or an acting president
Explanatory note
This amendment omits unnecessary words. The Legislation Act, section 220
(b) states that where a person is acting in a position, all Territory laws apply
in relation to the person as if the person were the occupant of the
position.
[3.201] Section
122 (1), definition of person to whom this section applies, paragraph (e)
and definition of protected information, paragraph
(b)
omit
or power
Explanatory note
This amendment omits unnecessary words. Function is defined
in the Legislation Act, dictionary, to include authority, duty and
power.
omit
think
substitute
consider
Explanatory note
This amendment updates language.
omit
shall be deemed, for the purposes of this Act
substitute
is taken, for this Act
Explanatory note
This amendment updates language and omits unnecessary words. The
Legislation Act, dictionary, part 1 defines for, in relation to an
Act, to include for the purposes of the Act.
[3.204] Section
126A (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• body
• chief executive
• corporation
• domestic partner (see s 169)
• domestic partnership (see s 169)
• external Territory
• fail
• for
• individual
• in relation to
• State
• Territory authority
• the Territory
• under.
complainant—see section 5.
doing an act—see section 4A.
party, for part 8 (Complaints)—see section
70.
public act, for part 6 (Racial vilification)—see
section 65.
respondent—see section 5.
sexual harassment, for part 5 (Sexual harassment)—see
section 58.
Explanatory note
This amendment inserts a new dictionary and standard dictionary notes. The
amendment also includes signpost definitions in the dictionary in line with
current drafting practice. The signpost definitions help readers locate terms
defined elsewhere in the Act.
[3.206] Further
amendments, mentions of persons
omit
persons
substitute
people
in
• section 3 (d)
• section 4 (1), definition of committee of
management
• section 4 (1), definition of employment
agency
• section 7 (2) (a) and (b)
• section 8 (1) (b)
• section 9 (1)
• section 11 (a)
• section 14 (1)
• section 25A (a)
• section 26
• section 27 (1) (a) and (b)
• section 32 (b) and (c)
• section 34 (2)
• section 39 (1) (a)
• section 40 (1)
• section 41
• section 42 (2) (c) and (d)
• section 49 (2) (b)
• section 55 (1)
• section 57 (2)
• section 59 (6)
• section 66 (1)
• section 72 (1) (b)
• section 72 (3)
• section 78 (a)
• section 127 (2)
Explanatory note
These amendments update language.
[3.207] Further
amendments, mentions of impairment etc
column 1
item
|
column 2
provision
|
column 3
omit
|
column 4
substitute
|
1
|
section 9 heading
|
Impairment
|
Disability
|
2
|
section 9 (1) to (3)
|
impairment
|
disability
|
3
|
division 4.5 heading
|
impairment
|
disability
|
4
|
section 48 (a) and (b)
|
impairment
|
disability
|
5
|
section 49 (1) (1st mention)
|
impairment
|
disability
|
6
|
section 49 (1)
|
an impairment
|
a disability
|
7
|
section 49 (1) (b)
|
impairment
|
disability
|
8
|
section 49 (2) (a)
|
impairment
|
disability
|
9
|
section 49 (2) (b)
|
an impairment
|
a disability
|
10
|
section 50 (1) (1st mention)
|
impairment
|
disability
|
11
|
section 50 (1)
|
an impairment
|
a disability
|
12
|
section 51 (1) (1st mention)
|
impairment
|
disability
|
13
|
section 51 (1)
|
an impairment
|
a disability
|
14
|
section 51 (2) (1st mention)
|
impairment
|
disability
|
15
|
section 51 (2)
|
an impairment
|
a disability
|
16
|
section 52 (1) (1st mention)
|
impairment
|
disability
|
17
|
section 52 (1) (a)
|
an impairment
|
a disability
|
18
|
section 54 (1st mention)
|
impairment
|
disability
|
19
|
section 54
|
an impairment
|
a disability
|
20
|
section 55 (1)
|
impairment
|
disability
|
21
|
section 56
|
impairment
|
disability
|
22
|
section 57 (1) (1st mention)
|
impairment
|
disability
|
23
|
section 57 (1) (a)
|
an impairment
|
a disability
|
Explanatory note
This amendment replaces references to ‘impairment’ with
‘disability’ The term ‘disability’ is to be used in the
Act instead of ‘impairment’, and earlier amendments replaced
definitions of impairment with definitions of
disability (see the amendments of sections 5AA, 49 and
50).
This is a textual change that brings terminology used in the Act into line
with other legislation (including the Disability Services Act 1991
(ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common
usage.
[3.208] Further
amendments, mentions of shall etc
column 1
item
|
column 2
provision
|
column 3
omit
|
column 4
substitute
|
1
|
section 75 (2) and (3)
|
shall
|
must
|
2
|
section 76 (1) and (2)
|
shall
|
must
|
3
|
section 80 (2)
|
shall
|
must
|
4
|
section 81 (3) and (4)
|
shall
|
must
|
5
|
section 82 (2)
|
shall
|
must
|
6
|
section 83 (1)
|
shall
|
must
|
7
|
sections 86, 87, 88 and 90
|
shall
|
must
|
8
|
section 91 (1)
|
shall
|
is to
|
9
|
section 91 (2) and (3)
|
shall
|
must
|
10
|
section 93 (2)
|
The tribunal shall
|
However, the tribunal must
|
11
|
section 96 (3)
|
shall be
|
is
|
12
|
section 96 (4)
|
shall
|
must
|
13
|
section 96A (3)
|
shall be
|
is
|
14
|
sections 99 (3) and 100 (4)
|
shall cause a copy of the order to be served
|
must serve a copy of the order
|
15
|
section 101
|
shall remit
|
must remit
|
16
|
section 101
|
shall be
|
is
|
17
|
section 102 (2) and (5)
|
shall
|
must
|
18
|
section 108 (2) and (4)
|
shall
|
must
|
19
|
section 108C (2)
|
shall
|
must
|
20
|
section 108D (2)
|
shall
|
must
|
21
|
section 109 (3), (5) and (6)
|
shall
|
must
|
22
|
section 118 (1)
|
shall be
|
are
|
23
|
section 124 (4)
|
shall
|
must
|
Explanatory note
These amendments update language.
[3.209] Further
amendments, mentions of where etc
column 1
item
|
column 2
provision
|
column 3
omit
|
column 4
substitute
|
1
|
section 29 (4)
|
where
|
if
|
2
|
section 34 (2) (i)
|
where
|
if
|
3
|
section 40 (2)
|
where
|
if
|
4
|
section 42 (2) (d)
|
where
|
if
|
5
|
section 51 (2)
|
where
|
if
|
6
|
section 57E (2)
|
where
|
if
|
7
|
section 57J (1)
|
where
|
if
|
8
|
section 57N
|
where
|
if
|
9
|
section 76 (1)
|
Where
|
If
|
10
|
section 80 (3)
|
Where
|
If
|
11
|
section 81 (3)
|
Where
|
If
|
12
|
section 83 (1)
|
Where
|
If
|
13
|
section 86 (1) and (2)
|
Where
|
If
|
14
|
sections 87 and 88
|
Where
|
If
|
15
|
section 96A (1)
|
where
|
if
|
16
|
section 96A (2)
|
Where
|
If
|
17
|
section 99 (1) and (3)
|
Where
|
If
|
18
|
section 100 (1) and (4)
|
Where
|
If
|
19
|
section 101
|
Where
|
If
|
20
|
section 102 (4) and (5)
|
Where
|
If
|
21
|
section 106
|
Where
|
If
|
22
|
section 108C (1), (3) and (4)
|
Where
|
If
|
23
|
section 109 (3) (b)
|
where
|
if
|
24
|
section 109 (5)
|
Where
|
If
|
25
|
section 122 (4)
|
where
|
if
|
Explanatory note
These amendments update language.
omit
consumer price index last issued
substitute
CPI number last published
Explanatory note
This amendment clarifies a reference to an increase in the consumer price
index number.
omit
consumer price index last issued
substitute
CPI number last published
Explanatory note
This amendment clarifies a reference to a decrease in the consumer price
index number.
omit
index.
substitute
CPI number.
Explanatory note
This amendment is consequential on the previous amendment.
substitute
(7) In this section:
CPI number means the number appearing for Canberra in the
Consumer Price Index (All Groups Index) published by the Australian
Statistician.
Explanatory note
This amendment clarifies a reference to the consumer price index number and
replaces an incorrect reference to the Australian Bureau of Statistics with a
reference to the ‘Australian Statistician’.
Part
3.9 Environment Protection Act
1997
[3.214] Section
4 (1), definition of development
substitute
development—see the Land Act, section 222.
Explanatory note
This amendment updates a cross-reference.
omit
part 4
substitute
part 6 (Approvals and orders)
Explanatory note
This amendment updates a cross-reference.
[3.216] Section
149 (2) (a)
substitute
(a) the application under the Land Act, division 6.2 (Approvals) for
approval to undertake the relevant development; or
Explanatory note
This amendment updates a cross-reference and replaces the incorrect
reference to controlled activity with ‘development’. An approval
under the Land (Planning and Environment) Act 1991, division 6.2 is for a
development, not for a controlled activity.
Part
3.10 Fire Brigade (Administration) Act
1974
substitute
19B Equal employment opportunity
program
(1) For section 19A (1) (b), the commissioner must—
(a) develop an equal employment opportunity program for the brigade;
and
(b) review the program.
(2) The commissioner must consult with the staff organisation, and other
people the commissioner considers appropriate, before developing or reviewing
the equal employment opportunity program.
(3) As soon as practicable after the development or review of the equal
employment opportunity program, the commissioner must give the commissioner for
public administration written particulars of the program.
(4) The commissioner for public administration may give written guidelines
to the commissioner about—
(a) the matters to be included in the equal employment opportunity
program; and
(b) the development, implementation or review of the program.
(5) The commissioner must take any action necessary to give effect to the
equal employment opportunity program and to comply with any guidelines given
under subsection (4).
(6) A report presented by the commissioner, or information given by the
commissioner, under the Annual Reports (Government Agencies) Act 1995,
section 8 must include particulars of the operation of this section during the
period to which the report or information relates.
Explanatory note
This amendment updates language and replaces an obsolete reference to the
‘Head of Administration’ with the ‘commissioner for public
administration’.
The amendment also removes—
• a spent provision that required the commissioner to do a thing
within 12 months of the commencement of the section; and
• a reference to reviewing a program ‘from time to time’.
The Legislation Act, section 197 provides that if a law gives a function to a
person, the function may be exercised from time to time.
Part
3.11 First Home Owner Grant Act
2000
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 words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act.
For example, the signpost definition ‘identity
card—see the Taxation Administration Act 1999, section
3.’ means that the expression ‘identity card’ 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 renumbers the dictionary provision as section 2 and updates
the example to note 1. The amendment also inserts a standard notes provision in
line with current drafting practice.
omit
relevant interest
substitute
relevant interest
Explanatory note
This amendment makes it clear that the use of the term ‘relevant
interest’ in the subsection is part of the defined meaning of the term in
line with the signpost definition of it in the dictionary:
‘relevant interest in land—see section 5 (2), (3) and
(4).’.
omit
section (2) and (3)
substitute
subsections (2) and (3)
Explanatory note
This amendment corrects a minor misdescription.
omit
relevant interest
substitute
relevant interest
Explanatory note
This amendment makes it clear that the use of the term ‘relevant
interest’ in the subsection is part of the defined meaning of the term in
line with the signpost definition of it in the dictionary:
‘relevant interest in land—see section 5 (2), (3) and
(4).’.
[3.222] Division
2.2 heading
substitute
Division 2.2 Eligibility criteria for
applicants
Explanatory note
This amendment brings the heading into line with current drafting
practice.
[3.223] New
section 11 (4)
insert
(4) In this section:
residential property—land in Australia is
residential property at a particular time if there is, at that
time, a building on the land lawfully occupied as a place of residence or
suitable for occupation as a place of residence.
Explanatory note
This amendment reproduces the dictionary definition of an expression that
is used only in this section. The dictionary definition is omitted by a later
amendment.
[3.224] Section
13 heading
substitute
13 Meaning of eligible transaction
etc
Explanatory note
This amendment brings the heading into line with current drafting
practice.
omit
eligible transaction
substitute
eligible transaction
Explanatory note
This amendment makes it clear that the use of the term ‘eligible
transaction’ in the subsection is part of the defined meaning of the term
in line with the signpost definition of it in the dictionary:
‘eligible transaction—see section 13 (1) and
(2).’.
omit
Explanatory note
This amendment omits the definition of contract for the purchase of a
home consequent on the insertion of new section 13 (7) by a later
amendment.
[3.227] Section
13 (4) to (7)
renumber as section 13 (3) to (6)
Explanatory note
This amendment is consequential on the omission of subsection (3) by an
earlier amendment.
[3.228] Section
13 (5), new note
insert
Note For when certain transactions related to moveable buildings are
completed, see s (5).
Explanatory note
This amendment inserts a note to draw a reader’s attention to a
related provision.
[3.229] New
section 13 (7)
insert
(7) In this section:
comprehensive home building contract means a contract under
which a builder undertakes to build a home on land from the inception of the
building work to the point where the home is ready for occupation and if, for
any reason, the work to be carried out under such a contract is not completed,
includes any further contract under which the work is to be completed.
contract for the purchase of a home means a contract for the
acquisition of a relevant interest in land on which a home is built.
option to purchase includes a right of pre-emption or a right
of first refusal.
owner-builder means an owner of land who builds a home, or
has a home built, on the land without entering into a comprehensive home
building contract.
Note For when a person is taken to be an owner-builder in relation
to a moveable building, see s (5).
Explanatory note
This amendment reproduces the dictionary definitions of expressions that
will be used only in this section after the expiry of section 13A. The
dictionary definitions are omitted by later amendments.
renumber as section 13A (13)
Explanatory note
This amendment is consequential on the next amendment.
[3.231] New
section 13A (12)
insert
(12) In this section:
comprehensive home building contract—see section 13
(7).
contract for the purchase of a home—see section 13 (7).
owner-builder—see section 13 (7).
Explanatory note
The defined terms are used only in sections 13 and 13A. Section 13A
expires on 1 July 2004. When the section expires the inclusion of the
definitions in the dictionary will not be in accordance with current drafting
practice. This amendment removes the need for further technical amendments
after the expiry of section 13A.
[3.232] Section
14 (1), note 2
substitute
Note 2 For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment removes a non-standard note and substitutes a standard note
about service of documents.
[3.233] Section
25 (1), note
substitute
Note 1 For how documents may be given, see Legislation Act,
pt 19.5.
Note 2 A fee may be determined under s 54 (Determination of fees)
for this section.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.234] Section
36 (1) (a)
after
first home owner
insert
grant
Explanatory note
This amendment corrects an error in a reference to the first home owner
grant scheme.
[3.235] Section
39 (1), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
omit
conferred
substitute
given
Explanatory note
This amendment updates language.
[3.237] New
section 50 (3) (b) (iii)
substitute
(iii) a Commonwealth or State law for the assessment or imposition of a
tax; or
Explanatory note
This amendment incorporates the substance of the dictionary definition of
taxation law. The expression is used only in this
section. The dictionary definition is
omitted by a later amendment.
omit
performance
substitute
exercise
Explanatory note
This amendment brings the subsection 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.
[3.239] Section
55 (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
omit
(see s 3)
substitute
(see s 2)
Explanatory note
This amendment is consequential on the renumbering of section 3 by an
earlier amendment.
[3.241] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative unit
• commissioner for revenue
• contravene
• corporation
• exercise
• fail
• function
• penalty unit
• State
• writing.
Explanatory note
This amendment inserts standard dictionary notes.
[3.242] Dictionary,
definition of Australian citizen
substitute
Australian citizen means a person who is an Australian
citizen under the Australian Citizenship Act 1948 (Cwlth).
Explanatory note
This amendment updates the definition.
[3.243] Dictionary,
definition of commencement date
omit
section 13 (4) and (6)
substitute
section 13 (3) and (5)
Explanatory note
This amendment is consequential on the renumbering of section 13 by an
earlier amendment.
[3.244] Dictionary,
definition of commissioner, note
omit
Explanatory note
This amendment omits a note that is made redundant by the standard
dictionary notes inserted by an earlier amendment.
[3.245] Dictionary,
definition of completed
omit
section 13 (5) and (6)
substitute
section 13 (4)
Explanatory note
This amendment omits the reference to existing subsection (6) which does
not define the term but states when a particular transaction is taken to be
completed and is consequential on the renumbering of section 13 by an earlier
amendment.
[3.246] Dictionary,
definition of comprehensive home building contract
omit
This amendment is consequential on the incorporation of the definition into
section 13 by an earlier amendment.
[3.247] Dictionary,
definition of consideration
omit
section 13 (7)
substitute
section 13 (6)
Explanatory note
This amendment is consequential on the renumbering of section 13 by an
earlier amendment.
[3.248] Dictionary,
definition of contract for the purchase of a home
omit
Explanatory note
This amendment is consequential on the incorporation of the definition into
section 13 by an earlier amendment
[3.249] Dictionary,
definition of corresponding law, note
omit
Explanatory note
This amendment omits a note that is made redundant by the standard
dictionary notes inserted by an earlier amendment.
[3.250] Dictionary,
definition of function
omit
Explanatory note
This amendment omits an unnecessary definition. Function is
defined in the Legislation Act, dictionary, part 1 to include authority, duty
and power.
[3.251] Dictionary,
definition of home owner
substitute
home owner—see section 5 (1).
Explanatory note
This amendment updates the reference to the relevant provision.
[3.252] Dictionary,
definition of identity card
omit
section 3 (1)
substitute
section 3
Explanatory note
This amendment updates the reference to the relevant provision.
[3.253] Dictionary,
definition of option
omit
Explanatory note
This amendment is consequential on the incorporation of the definition into
section 13 by an earlier amendment.
[3.254] Dictionary,
definition of owner, paragraph (b)
substitute
(b) of a home—see section 5 (1).
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.255] Dictionary,
definition of owner-builder
omit
Explanatory note
This amendment is consequential on the incorporation of the definition into
section 13 by an earlier amendment
[3.256] Dictionary,
definition of partner
substitute
partner, of an applicant—see section 6.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.257] Dictionary,
definition of residential property
omit
Explanatory note
This amendment is consequential on the incorporation of the definition into
section 11 by an earlier amendment
[3.258] Dictionary,
definition of taxation law
omit
Explanatory note
This amendment is consequential on the incorporation of the definition into
section 50 by an earlier amendment
[3.259] Dictionary,
definition of tribunal
omit
Explanatory note
This amendment omits an unnecessary definition. In each relevant use of
the term it is clear that the reference is to the administrative appeals
tribunal.
Part
3.12 Fisheries Act
2000
[3.260] Section
7 (1) (c), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.261] Section
23, new note
insert
Note 3 For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.262] Sections
24 (1), 31 (2), 33 (1) and 34 (2), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.263] Section
38, new note
insert
Note 3 For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.264] Sections
41 and 49 (1), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.265] Sections
60 (c) and 61 (1) (e)
omit
persons
substitute
people
Explanatory note
This amendment updates language.
omit
(commencement: the 90th day after this Act’s notification
day)
Explanatory note
This amendment omits a part that deals with infringement notices. The
Magistrates Court Act 1930, part 8 (Infringement notices for certain
offences) provides a system of infringement notices for offences against various
Acts. Regulations are made under the Magistrates Court Act 1930 that
contain the detail for the infringement notice scheme for a particular
Act.
The commencement of this amendment is delayed in order to allow the
Fisheries Regulations 2001 to be amended and to allow new Magistrates
Court (Fisheries Infringement Notices) Regulations 2003 to be
prepared.
substitute
109 Delegation
The conservator may delegate the conservator’s functions under this
Act to a conservation officer.
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 omitting the words
‘in writing’ because the Legislation Act, section 232 provides that
a delegation must be made, or evidenced, in writing.
The reference to the conservator’s ‘powers’ is replaced
with ‘functions’, because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
This amendment also inserts a standard note about delegations.
[3.268] Section
115 (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about forms.
omit
(commencement: the 90th day after this Act’s notification
day)
Explanatory note
This amendment is consequential on the omission of part 9 by an earlier
amendment. The commencement of this amendment is delayed because the omission
of part 9 is delayed.
[3.270] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• conservator of flora and fauna
• contravene
• disallowable instrument
• document
• function
• magistrate
• Magistrates Court
• penalty unit (see s 133)
• power.
Explanatory note
This amendment inserts standard dictionary notes.
[3.271] Dictionary,
new definition of commercial fishing licence
insert
commercial fishing licence means a licence mentioned in
section 20.
Explanatory note
This amendment inserts a definition of a term used in the Act.
[3.272] Dictionary,
definition of conservator
substitute
conservator means the conservator of flora and
fauna.
Explanatory note
This amendment updates the definition consequent on the insertion of a
definition of conservator of flora and fauna into the Legislation Act,
dictionary, part 1 by earlier legislation.
[3.273] Dictionary,
new definition of import and export licence
insert
import and export licence means a licence mentioned in
section 22.
Explanatory note
This amendment inserts a definition of a term used in the Act.
[3.274] Dictionary,
definition of licence
substitute
licence means any of the following licences issued under
section 25:
(a) a commercial fishing licence;
(b) a scientific licence;
(c) an import and export licence.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.275] Dictionary,
new definition of occupier
insert
occupier, of a place, for division 7.1 (Powers for
places)—see section 53.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.276] Dictionary,
new definition of scientific licence
insert
scientific licence means a licence mentioned in
section 21.
Explanatory note
This amendment inserts a definition of a term used in the Act.
Part
3.13 Gas Safety Act
2000
[3.277] Section
22 (2), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.278] Section
29 (2) (a)
omit
manner specified
substitute
way stated
Explanatory note
This amendment updates language.
[3.279] Section
29 (2), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
substitute
(3) A person is not personally liable for an honest act or omission in
relation to the exercise or purported exercise of a function under this
section.
Explanatory note
This amendment updates language. In particular, exercise a
function is defined in the Legislation Act, dictionary, part 1 to include
perform the function, and is the drafting term that is used now.
substitute
(2) A person is not personally liable for an honest act or omission in
relation to the exercise or purported exercise of a function under this
section.
Explanatory note
This amendment updates language. In particular, 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.
[3.282] Section
36, new definition of connected
insert
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, or is intended to be used, to commit the
offence.
Explanatory note
This amendment brings the form of the definition of this term in section 37
more closely into line with current drafting practice and updates
language.
omit
Explanatory note
This amendment is consequential on the insertion of a revised definition of
connected into section 36 by the previous amendment.
[3.284] Section
38 (1), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
substitute
(1) The chief executive may appoint a person as an inspector for the gas
safety legislation.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being ‘in
writing’ and brings the provision into line with current drafting
practice. The Legislation Act, section 206 provides that an appointment must be
made, or evidenced, in writing.
The amendment also inserts standard notes about appointments.
omit
perform his or her
substitute
exercise the inspector’s
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.287] Section
40 (3) (c)
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
omit
ascertain
substitute
find out
Explanatory note
This amendment updates language.
substitute
(2) Unless the appliance is made safe and compliant with the gas safety
legislation, the inspector may give the person a written
direction—
(a) not to use the appliance; or
(b) to arrange for it to be disconnected from the consumer piping system;
or
(c) not to sell the appliance.
Note For how documents may be served, see Legislation Act,
pt 19.5.
Explanatory note
This amendment brings the structure of the section into line with current
drafting practice and inserts a standard note about the service of
documents.
[3.290] Section
53 (2) (a)
omit
inform
substitute
tell
Explanatory note
This amendment updates language.
[3.291] Section
53 (2) (b)
omit
thereafter
substitute
after telling the person
Explanatory note
This amendment updates archaic language.
omit
performance, or purported performance,
substitute
exercise or purported exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
performance or purported performance
substitute
exercise or purported exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.294] Section
63 (3), new note
insert
Note For other ways documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
omit
performance, or purported performance
substitute
exercise, or purported exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.296] Section
68 (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about forms.
[3.297] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• chief executive
• contravene
• disallowable instrument
• document
• magistrate
• notifiable instrument
• penalty unit (see s 133)
• State
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.298] Dictionary,
new definition of business premises
insert
business premises, for part 6 (Enforcement)—see section
36.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.299] Dictionary,
definition of code
omit
varied and
Explanatory note
This amendment omits redundant text.
[3.300] Dictionary,
new definition of connected
insert
connected, with an offence, for part 6
(Enforcement)—see section 36.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.301] Dictionary,
definition of daily newspaper
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.302] Dictionary,
new definition of offence
insert
offence, for part 6 (Enforcement)—see section
36.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.303] Dictionary,
definition of owner
substitute
owner, of premises, means the lessor.
Explanatory note
This amendment omits a reference to land held in fee simple. Freehold land
does not exist in the ACT.
[3.304] Dictionary,
new definitions
insert
relevant utility, in relation to a serious gas accident, for
part 5 (Serious gas accidents)—see section 31.
sell, for part 4 (Regulation of appliances)—see section
18.
trader, for part 4 (Regulation of appliances)—see
section 18.
Explanatory note
This amendment inserts signpost definitions in line with current drafting
practice.
Part
3.14 Insurance Authority Act
2000
[3.305] Section
6 (2), definition of Territory owned corporation
substitute
Note Territory owned corporation is defined in the
Legislation Act, dict, pt 1.
Explanatory note
This amendment omits the definition of an expression that is now defined in
the Legislation Act, dictionary, part 1 and substitutes a note to explain the
omission.
omit
, (if any)
substitute
(if any),
Explanatory note
This amendment corrects a typographical error.
[3.307] Section
19 (1), notes
substitute
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
Explanatory note
This amendment updates standard notes about appointments.
substitute
(2) The instrument appointing, or evidencing the appointment of, an
appointed director must state that the appointed director is the government
member, a client member or a specialist member.
Explanatory note
This amendment removes a requirement that the instrument of appointment
state the period of appointment. The Legislation Act, section 206 (2) provides
that, if a law provides for a maximum period of appointment (which this Act
does, see section 20 (1)), the period of appointment must be stated in the
instrument of appointment.
[3.309] Section
29 (1), note
substitute
Note For the making of appointments (including acting appointments),
see Legislation Act, div 19.3.
Explanatory note
This amendment updates the standard note about appointments.
[3.310] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative unit
• Minister
• Territory authority
• Territory owned corporation
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.311] Dictionary,
new definitions
insert
client members––see section 19 (2) (Appointment
of appointed directors).
government member––see section 19 (2)
(Appointment of appointed directors).
specialist members––see section 19 (2)
(Appointment of appointed directors).
Explanatory note
This amendment inserts signpost definitions in line with current drafting
practice.
Part
3.15 Legal Aid Act
1977
substitute
68 Conditions of employment of
staff
(1) The commission may determine the conditions of employment of the
commission’s staff.
(2) The commissioner for public administration must approve the conditions
before the commission determines them.
(3) The conditions of employment of the commission’s staff are as
determined under this section.
Explanatory note
This amendment brings the provision into line with current drafting
practice and replaces an obsolete reference to the ‘head of
administration’ with the ‘commissioner for public
administration’.
The amendment also removes a reference to determining terms and conditions
‘from time to time’. The Legislation Act, section 197 provides that
if a law gives a function to a person, the function may be exercised from time
to time.
substitute
68A Personnel management
(1) The commission’s powers in relation to employment matters must
be exercised—
(a) without patronage, favouritism or unjustified discrimination;
and
(b) with regard to the equal employment opportunity program for the
commission.
(2) For the selection of a person for employment for longer than
3 months or for promotion, the commission’s powers must also be
exercised in accordance with procedures that ensure that—
(a) all people who are eligible have, as far as practicable, a reasonable
opportunity to apply for selection; and
(b) the selection is made on the basis of an assessment of the relative
suitability of the applicants having regard to—
(i) the type of duties to be exercised; and
(ii) the abilities, qualifications, experience, personal qualities and
potential for development of each applicant that are relevant to the exercise of
the duties.
(3) For subsection (1) (b), the commission must—
(a) develop an equal employment opportunity program for the commission;
and
(b) review the program.
(4) The commission must consult with each relevant staff organisation and
other people the commission considers appropriate before developing or reviewing
the equal employment opportunity program.
(5) As soon as practicable after the development or review of the equal
employment opportunity program, the commission must give the commissioner for
public administration written particulars of the program.
(6) The commissioner for public administration may give written guidelines
to the commission about—
(a) the matters to be included in the equal employment opportunity
program; and
(b) the development, implementation or review of the program.
(7) The commission must take any action necessary to give effect to the
equal employment opportunity program and to comply with any guidelines given
under subsection (6).
(8) The commission must give the Minister a written report about the
operation of this section during each financial year.
(9) In this section:
designated group means any of the following classes of
people:
(a) members of the Aboriginal race of Australia or people who are
descendants of indigenous inhabitants of the Torres Strait Islands;
(b) people who have migrated to Australia and whose first language is a
language other than English, and their children;
(c) people with physical or mental disabilities;
(d) any other class of people declared by the regulations to be a
designated group for this definition.
employment means—
(a) appointment as a statutory officer of the commission under section 17;
or
(b) employment as a member of the staff of the commission under section
20.
employment matter, in relation to the commission,
means—
(a) the selection of people by the commission for employment or promotion;
or
(b) the transfer of employees; or
(c) training and staff development for employees; or
(d) the conditions of service of employees; or
(e) any other matter related to the employment of people.
equal employment opportunity program, in relation to the
commission, means a program designed to ensure that—
(a) appropriate action is taken to eliminate unjustified discrimination
against women and people in designated groups in relation to employment matters;
and
(b) measures are taken to enable employees who are women or people in
designated groups to do the following as effectively as other people and to have
equal opportunities with others in relation to other employment
matters:
(i) to compete for employment, transfer or promotion;
(ii) to pursue careers.
exercise, of a power, includes making a report or
recommendation in relation to the exercise of the power.
promotion means movement within the commission resulting in
an employee doing work, and being paid, at a higher level than
previously.
relevant staff organisation means an
organisation—
(a) within the meaning of the Workplace Relations Act 1996 (Cwlth);
and
(b) that people employed by the commission are eligible to join;
and
(c) that is a party to an industrial award that applies in relation to the
salary payable for that employment.
unjustified discrimination includes—
(a) discrimination that is unlawful under the Discrimination
Act 1991; and
(b) unjustified discrimination on the ground of age or social
origin;
but does not include—
(c) discrimination that is essential for the effective exercise of the
relevant duties, is not unlawful under the Discrimination Act 1991
and is prescribed under the regulations; or
(d) discrimination that is not unlawful under the Discrimination Act
1991 and is in accordance with the equal employment opportunity program for
the commission or with a program prescribed under the regulations.
Explanatory note
This amendment updates language, brings the provision into line with
current drafting practice and replaces an obsolete reference to the ‘head
of administration’ with the ‘commissioner for public
administration’.
The amendment also removes—
• a spent provision that required the commission to do a thing within
12 months of the commencement of the section; and
• a reference to reviewing a program ‘from time to time’.
The Legislation Act, section 197 provides that if a law gives a function to a
person, the function may be exercised from time to time.
Part
3.16 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulations
2000
[3.314] Regulation
3, note 1
substitute
Note 1 The dictionary at the end of these regulations defines
certain words and expressions used in these regulations, and includes references
(signpost definitions) to other words and expressions defined
elsewhere in these regulations.
For example, the signpost definition
‘backhoe—see schedule 1, part 1, clause 7.’
means that the expression ‘backhoe’ is defined in that
clause.
Explanatory note
This amendment is consequential on the amendment of the definition of
backhoe by another amendment in this part.
[3.315] Regulation
4, note
substitute
Note A fee may be determined under the Act, s 96A
(Determination of fees) for an application under this regulation for
assessment by an assessor who is a public employee.
Explanatory note
This amendment limits the operation of the standard fees note to
applications to assessors who are public employees.
[3.316] Regulation
6 (2) (b)
after
guidelines
insert
under regulation 10
Explanatory note
This amendment makes it clear which guidelines are referred to in the
provision and is related to the omission of the definition of
guidelines by a later amendment in this part.
[3.317] Regulation
7, new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
substitute
8 Non-public employee assessor—notice of
refusal to issue satisfactory assessment
(1) This regulation applies if an assessor who is not a public employee
makes a decision to refuse to issue a notice of satisfactory assessment to a
person.
Note For notice of a decision made by an assessor who is a public
employee, see pt 5.
(2) The assessor must give the person written notice of the
decision.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(3) The notice must include a statement telling the person that the person
may apply to an assessor, who is a public employee, for another
assessment.
Explanatory note
This amendment brings the regulation into line with current drafting
practice. In particular, the regulation’s heading is made more
descriptive of its contents and the note to new subregulation (1) is included to
assist users to locate relevant provisions about a related concept.
[3.319] Regulation
20 (1) (b)
omit
certificate
substitute
person’s certificate of accreditation
Explanatory note
This amendment removes any doubts about which certificate the paragraph
refers to.
[3.320] Regulation
26, note
omit
Crimes Act 1900, s 345
substitute
Criminal Code, s 45
Explanatory note
This amendment updates a cross-reference.
[3.321] Regulation
26, note
omit
deemed
substitute
taken
Explanatory note
This amendment updates the language to bring it into line with the language
of the Criminal Code, section 45.
[3.322] Regulation
27 (2) (c) (i)
substitute
(i) otherwise than in accordance with the guidelines under regulation 10;
or
Explanatory note
This amendment brings the provision into line with current drafting
practice and is related to the omission of the definition of
guidelines by a later amendment in this part.
[3.323] Regulation
27 (3) (b)
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment brings the paragraph more closely into line with current
drafting practice by including a specific reference to the day when the period
begins.
[3.324] Regulation
27 (6)
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment brings the provision more closely into line with current
drafting practice by including a specific reference to the day when the period
begins.
[3.325] Regulation
28 (1)
omit
suspend a certificate or an endorsement immediately
substitute
suspend immediately a certificate of accreditation or competency, or an
endorsement on a certificate,
Explanatory note
This amendment makes it clear which certificates and endorsements are
referred to in the provision.
[3.326] Regulation
28 (2) (c)
omit
notice under subregulation (4)
substitute
suspension notice
Explanatory note
This amendment brings the paragraph into line with current drafting
practice by using a defined expression instead of a cross-reference.
substitute
Part 5 Review of
decisions
29 Meaning of reviewable decision for pt
5
In this part:
reviewable decision means—
(a) a decision of the commissioner mentioned in schedule 3, column 3
under a provision of these regulations mentioned in schedule 3, column 2 in
relation to the decision; and
(b) a decision of an assessor who is a public employee to refuse to issue
a notice of satisfactory assessment.
Note For a decision mentioned in par (b) made by an assessor who is
not a public employee, see reg 8.
29A Notice of decisions
(1) The commissioner must give written notice of a reviewable decision
mentioned in schedule 3 to the person mentioned in schedule 3, column 4 in
relation to the decision.
Note For how documents may be given, see Legislation Act,
pt 19.5.
(2) The commissioner must also give written notice of a decision of an
assessor who is a public employee to refuse to issue a notice of satisfactory
assessment.
(3) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
30 Review by administrative appeals tribunal of
reviewable decisions
A person may apply in writing to the administrative appeals tribunal for
review of a reviewable decision within 28 days after the day the person receives
notice of the decision.
Explanatory note
This amendment brings the review provisions into line with current drafting
practice. In particular, the commissioner is required to give notice in
accordance with the code of practice under the Administrative Appeals
Tribunal Act 1989 and the period for making an application for review is
increased from 14 days to 28 days. Also, the note to regulation 29 is
included to assist users to locate a relevant provision about a related
concept.
[3.328] Regulation
31, new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.329] Regulation
32 (1)
omit
persons from the operation of any of the provisions of
substitute
people from
Explanatory note
This amendment brings the subregulation more closely into line with current
drafting practice.
[3.330] Regulation
32 (1), new note
insert
Note A reference to a subordinate law includes a reference to a
provision of the subordinate law (see Legislation Act, s 8).
Explanatory note
This amendment inserts a note to assist in the interpretation of the
subregulation.
[3.331] Regulation
34 (2) (b), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.332] Schedule
1, part 1, clause 2 (1)
omit
is capable of
substitute
is a crane capable of
Explanatory note
This amendment brings the definition of bridge crane into
line with current drafting practice.
omit
New South Wales
Occupational Health and Safety Act 1983
Occupational Health and Safety (Certificates of Competency)
Regulation 1996
substitute
New South Wales
Occupational Health and Safety Act 2000
Occupational Health and Safety Regulation 2001
Explanatory note
This amendment updates the references to corresponding laws.
insert
Schedule 3 Reviewable decisions made by
commissioner
(see reg 29)
Note For decisions of assessors to refuse to issue a notice of
satisfactory assessment, see reg 8 and reg 29.
column 1
item
|
column 2
regulation provision
|
column 3
reviewable decision
|
column 4
person to be notified
|
1
|
12 (1) (c)
|
refusing to issue certificate of competency
|
applicant for certificate
|
2
|
12 (1) (c)
|
refusing to vary certificate of competency to include an
endorsement
|
applicant for endorsement
|
3
|
13
|
including condition in certificate of competency
|
applicant for certificate / certificate holder
|
4
|
21 (1) (c)
|
refusing to accredit person as an assessor
|
applicant for accreditation
|
5
|
21 (1) (b)
|
refusing to vary certificate of accreditation to include an
endorsement
|
applicant for endorsement
|
6
|
22
|
including condition in certificate of accreditation
|
applicant for certificate / certificate holder
|
7
|
27 (1)
|
suspending or cancelling certificate of competency/ endorsement
|
certificate holder
|
8
|
27 (2)
|
suspending or cancelling certificate of accreditation/
endorsement
|
certificate holder
|
9
|
28 (1)
|
immediately suspending certificate of accreditation / endorsement
|
certificate holder
|
10
|
28 (1)
|
immediately suspending certificate of competency/ endorsement
|
certificate holder
|
11
|
32 (2) (b)
|
refusing to give exemption
|
applicant for exemption
|
Explanatory note
This amendment restates the reviewable decisions mentioned in existing
regulation 29 (1) in accordance with current drafting practice. In particular,
the list of reviewable decisions includes the provision under which the relevant
decision is made.
[3.335] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• found guilty
• public employee.
Note 3 Words and expressions used in these regulations have the same
meaning that they have in the Occupational Health and Safety Act 1989
(see Legislation Act, s 148). In particular, the following term is defined in
the Occupational Health and Safety Act 1989, s 5:
• commissioner.
Explanatory note
This amendment inserts standard dictionary notes.
This amendment also inserts a standard note into the dictionary about terms
defined in the Act under which the regulations are made.
[3.336] Dictionary,
definition of assessor
omit
appointed
substitute
accredited
Explanatory note
This amendment revises the definition to bring it into line with regulation
19, which deals with the accreditation of assessors.
[3.337] Dictionary,
definition of backhoe
substitute
backhoe—see schedule 1, part 1, clause 7.
Explanatory note
This amendment brings the definition into line with current drafting
practice by defining it for the purposes of the regulations as a whole, rather
than only for schedule 1.
[3.338] Dictionary,
definition of boom-type elevating work platform
substitute
boom-type elevating work platform, for schedule 1 (Scheduled
work)––see schedule 1, part 1, clause 8.
Explanatory note
This amendment brings the definition into line with other definitions in
the dictionary.
[3.339] Dictionary,
new definition of certificate of accreditation
insert
certificate of accreditation means a certificate issued under
regulation 21.
Explanatory note
This amendment inserts the definition of an expression used in the
regulations.
[3.340] Dictionary,
definitions of forklift truck, front-end loader and front-end
loader of the skid-steer type
substitute
forklift truck, for schedule 1 (Scheduled
work)––see schedule 1, part 1, clause 13.
front-end loader—see schedule 1, part 1, clause 14
(1).
front-end loader of the skid-steer type, for schedule 1
(Scheduled work)—see schedule 1, part 1, clause 14 (2).
Explanatory note
This amendment brings the definitions into line with other definitions in
the dictionary.
[3.341] Dictionary,
definition of guidelines
omit
Explanatory note
This amendment omits a redundant definition.
[3.342] Dictionary,
definition of mobile crane
substitute
mobile crane, for schedule 1 (Scheduled
work)––see schedule 1, part 1, clause 16.
Explanatory note
This amendment brings the definition into line with other definitions in
the dictionary.
[3.343] Dictionary,
definition of record of training
omit
Explanatory note
This amendment omits a redundant definition.
[3.344] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 5—see regulation
29.
Explanatory note
This amendment is consequential on the substitution of a new part 5 by
another amendment.
[3.345] Dictionary,
definitions of scaffold and scaffolding
substitute
scaffold, for schedule 1 (Scheduled work)––see
schedule 1, part 1, clause 22 (1).
scaffolding––see schedule 1, part 1, clause
22 (2).
Explanatory note
This amendment brings the definitions into line with other definitions in
the dictionary.
[3.346] Dictionary,
definition of supervisor
substitute
supervisor, for a trainee doing scheduled work, for division
2.3 (Trainees)—see regulation 16.
Explanatory note
This amendment brings the signpost definition into line with current
drafting practice.
[3.347] Dictionary,
definition of the Act
omit
Explanatory note
This amendment omits an unnecessary definition. The Legislation Act,
section 105 provides that in a statutory instrument, a reference to the
Act is a reference to the Act under which the instrument is
made.
Part 3.17 Public Health Regulations
2000
substitute
2 Dictionary
The dictionary at the end of these regulations is part of these
regulations.
Note 1 The dictionary at the end of these regulations defines
certain words and expressions used in these regulations, and includes references
(signpost definitions) to other words and expressions defined
elsewhere in these regulations or in other legislation.
For example, the signpost definition ‘child-care
centre—see the Children and Young People Act 1999, section
328.’ means that the expression ‘child care centre’ is defined
in that section and the definition applies to these regulations.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulations unless
the definition, or another provision of the regulations, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Explanatory note
This amendment renumbers the regulation, brings the regulation heading into
line with current drafting practice and updates the standard notes.
This amendment also inserts a standard notes provision in line with current
drafting practice.
[3.349] Regulation
13 (2), new note
insert
Note For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
omit everything before paragraph (a), substitute
22 Meaning of registrable information for div
3.1
In this division:
registrable information means the following information about
a woman and her cervical smear or cervical tissue:
Explanatory note
This amendment brings the provision into line with current drafting
practice.
[3.351] Regulation
23 (4)
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.352] Regulation
25 (1)
substitute
(1) The chief health officer must maintain a cervical cytology
register.
Explanatory note
This amendment brings the provision into line with current drafting
practice.
substitute
31 Establishment
The chief health officer must maintain a management committee in accordance
with this division.
Explanatory note
This amendment brings the provision into line with current drafting
practice.
[3.354] Regulation
35 (1), new note
insert
Note For the making of appointments (including acting appointments),
see Legislation Act, div 19.3.
Explanatory note
This amendment inserts a standard note about appointments.
substitute
37 Ending of appointment
The chief health officer may end the appointment of a
member—
(a) for misbehaviour or physical or mental incapacity; or
(b) on written notice from the organisation who nominated the
member.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
This amendment updates language (replacing ‘terminate’ with
‘end’). ‘End’ is the drafting term that is now used in
relation to appointments. It also inserts a standard note about the ending of
an appointment.
[3.356] Regulation
42 (1)
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.357] Regulation
42 (1), note
substitute
Note 1 If a form is approved under the Act, s 137A (Approved forms)
for a notice, the form must be used.
Note 2 For how documents may be given, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
[3.358] Regulations
43 (1) and 55 (4) (a)
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
omit
(see reg 3)
substitute
(see reg 2)
Explanatory note
This amendment is consequential on the renumbering of regulation 3 by an
earlier amendment.
[3.360] Dictionary,
note 2
substitute
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• administrative appeals tribunal
• appoint
• chief health officer
• disallowable instrument
• doctor
• document
• function
• nurse
• State
• the Territory.
Note 3 Words and expressions used in these regulations have the same
meaning that they have in the Public Health Act 1997 (see Legislation
Act, s 148). In particular, the following terms are defined in the
Public Health Act 1997, dict:
• authorised officer
• authorised medical officer
• insanitary condition
• transmissible notifiable condition.
Explanatory note
This amendment inserts standard dictionary notes.
This amendment also inserts a standard note into the dictionary about terms
defined in the Act under which the regulations are made.
[3.361] Dictionary,
definitions of authorised officer and authorised medical
officer
omit
Explanatory note
This amendment omits signpost definitions of terms defined in the Public
Health Act 1997, dictionary. It is not legally necessary to include the
signpost definitions (see the Legislation Act, section 148), but they were
included to help readers find the meaning of the terms. Instead of including
signpost definitions, current drafting practice is to include a note that states
that terms used in the regulations are defined in the Act, dictionary under
which the regulation is made, and to list some of those terms.
[3.362] Dictionary,
definition of cancer register
substitute
cancer register means the register maintained by the chief
health officer under regulation 46.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.363] Dictionary,
definition of Cervical Cytology Register
substitute
cervical cytology register means the register maintained by
the chief health officer under regulation 25.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.364] Dictionary,
definition of immunisation
substitute
immunised—see regulation 4.
Explanatory note
This amendment replaces the definition with the actual term used in
regulation 4. The Legislation Act, section 157 provides that if a word is
defined in an Act or regulations, other parts of speech and grammatical forms of
the word have corresponding meanings eg immunisation.
[3.365] Dictionary,
definition of insanitary condition
omit
Explanatory note
This amendment omits a signpost definition of a term defined in the
Public Health Act 1997, dictionary. It is not legally necessary to
include the signpost definition (see the Legislation Act, section 148), but it
was included to help readers find the meaning of the term. Instead of including
a signpost definition, current drafting practice is to include a note that
states that terms used in the regulations are defined in the Act, dictionary
under which the regulation is made, and to list some of those terms.
[3.366] Dictionary,
definition of laboratory
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.367] Dictionary,
definition of management committee
substitute
management committee means the committee maintained by the
chief health officer under regulation 31.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.368] Dictionary,
definition of occupier
substitute
occupier—see the Act, section 75.
Explanatory note
This amendment corrects a mistake by inserting ‘the Act’ into
the definition. This signpost definition is retained because it is still
necessary. The definition is defined in the Act only for part 5 of the Act.
The signpost definition in the regulations has the effect of applying the
definition to the whole regulations.
[3.369] Dictionary,
definition of registrable information
substitute
registrable information, for division 3.1 (Cervical cytology
register)—see regulation 22.
Explanatory note
This amendment is consequent on the earlier amendment of regulation 22 and
brings the definition into line with current drafting practice.
[3.370] Dictionary,
definition of sewerage system
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.371] Dictionary,
definition of store
substitute
store a drug means store the drug for supply.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.372] Dictionary,
definition of transmissible notifiable condition
omit
Explanatory note
This amendment omits a signpost definition of a term defined in the
Public Health Act 1997, dictionary. It is not legally necessary to
include the signpost definition (see the Legislation Act, section 148), but it
was included to help readers find the meaning of the term. Instead of including
signpost definitions, current drafting practice is to include a note that states
that terms used in the regulations are defined in the Act, dictionary under
which the regulation is made, and to list some of those terms.
Part
3.18 Road Transport (Alcohol and
Drugs) Regulations 2000
[3.373] Regulation
4 heading
omit
s 12 (5)
substitute
s 12 (6)
Explanatory note
This amendment is consequential on the renumbering of a subsection of the
Road Transport (Alcohol and Drugs) Act 1977, section 12.
omit
subsection 12 (5)
substitute
section 12 (6) (Breath analysis)
Explanatory note
This amendment is consequential on the renumbering of a subsection of the
Road Transport (Alcohol and Drugs) Act 1977, section 12 and brings the
reference into line with current drafting practice.
Part
3.19 Territory Superannuation
Provision Protection Act 2000
omit
the commencement of this Act
substitute
1 July 2000
Explanatory note
This amendment replaces references to the commencement of the Act with the
actual date to assist readers.
[3.376] Section
15, new note
insert
Note 1 July 2000 was the day the Act commenced.
Explanatory note
This amendment inserts a note to explain the significance of the date to
assist readers.
[3.377] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• authorised deposit-taking institution
• chief executive
• Commonwealth
• disallowable instrument
• Legislative Assembly
• State
• Territory owned corporation
• the Territory
• Treasurer.
Explanatory note
This amendment inserts standard dictionary notes.
[3.378] Dictionary,
definition of superannuation appropriation, paragraph
(a)
omit
the commencement of this Act
substitute
1 July 2000
Explanatory note
This amendment replaces references to the commencement of the Act with the
actual date of commencement to assist readers.
[3.379] Dictionary,
definition of superannuation appropriation, new note
insert
Note 1 July 2000 was the day the Act commenced.
Explanatory note
This amendment inserts a note to explain the significance of the date to
assist readers.
[3.380] Dictionary,
definition of superannuation provision account
omit
the commencement of this Act
substitute
1 July 2000
Explanatory note
This amendment replaces references to the commencement of the Act with the
actual date of commencement to assist readers.
[3.381] Dictionary,
definition of superannuation provision account, new
note
insert
Note 1 July 2000 was the day the Act commenced.
Explanatory note
This amendment inserts a note to explain the significance of the date to
assist readers.
[3.382] Dictionary,
definition of Treasurer
omit
Explanatory note
This amendment omits the definition because Treasurer is
defined in the Legislation Act, dictionary, part 1.
Part
3.20 Utilities Act
2000
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.384] Section
20 (2) (e)
substitute
(e) the Gas Safety Act 2000;
Explanatory note
This amendment corrects a reference to an Act’s name.
substitute
(b) for 1 or more classes of people.
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 language and inserts a standard note about
examples.
[3.386] Section
25 (2) (d) (i)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
In subsection (1):
substitute
In this section:
Explanatory note
This amendment brings the provision into line with current drafting
practice.
[3.388] Section
36 (2) (c) (ii)
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment brings the provision more closely into line with current
drafting practice by including a specific reference to the day when the period
begins.
[3.389] Section
41 (2) (a)
omit
after the written notice
substitute
after the day the written notice
Explanatory note
This amendment brings the provision more closely into line with current
drafting practice by including a specific reference to the day when the period
begins.
omit
in the performance of functions under this Act or the regulations in
relation to the relevant utility service.
substitute
in the exercise of functions under this Act in relation to the relevant
utility service.
Explanatory note
This amendment replaces ‘performance’ with
‘exercise’ and omits ‘or the regulations’.
Exercise a function is defined in the Legislation Act, dictionary,
part 1 to include perform the function, and is the drafting term used now. 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, including
regulations.
[3.391] Section
45 (3), new note
insert
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 inserts a standard note about examples.
[3.392] Section
45 (4) (b)
omit
manner in which
substitute
way
Explanatory note
This amendment updates language.
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment brings the provision more closely into line with current
drafting practice by including a specific reference to the day when the period
begins.
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.395] Section
49 (2) (c), (d) and (f)
omit
manner
substitute
way
Explanatory note
This amendment updates language.
[3.396] Sections
49 (2), 55 (2) and 59 (2), new note
insert
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 inserts a standard note about examples.
substitute
(1) The chief executive may appoint a person holding the qualifications
mentioned in subsection (2) as a technical inspector.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being made in
writing. The Legislation Act, section 206 provides that an appointment must be
made, or evidenced, in writing. The amendment also inserts standard notes about
appointments.
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
substitute
69 Inspectors—functions
For this Act, a technical inspector may exercise the functions given to the
inspector under part 10 (Enforcement).
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
[3.400] Section
103, definition of network operations
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
performing
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
insert
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 inserts a standard note about examples.
insert
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 inserts a standard note about examples.
[3.404] Section
111 (4) (a)
omit
manner in which
substitute
way
Explanatory note
This amendment updates language.
[3.405] Division
7.4 heading
substitute
Division 7.4 Authorised
people
Explanatory note
This amendment updates language (replacing ‘persons’ with
‘people’).
substitute
(1) A utility may appoint a person as an authorised person for the utility
for this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being made in writing
and replaces ‘for the purposes of’ with ‘for’. The
Legislation Act, section 206 provides that an appointment must be made, or
evidenced, in writing. The Legislation Act, dictionary, part 1 defines
for, in relation to an Act, to include for the purposes of the
Act.
The amendment also inserts standard notes about appointments.
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.408] Section
119 heading
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
[3.409] Section
119 (1) (a)
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.410] Section
119 (1) (b)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
performed
substitute
exercised
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
substitute
133 Extended meaning of
network
(1) In sections 130, 131 and 132:
network includes related infrastructure between the network
boundary and a customer meter.
(2) In this section:
customer meter, in relation to the supply of electricity, gas
or water, means a meter used to measure the supply to a customer’s
premises.
Explanatory note
This amendment brings the structure of the section into line with current
drafting practice.
[3.413] Section
135 (2), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 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.
substitute
(4) A controller holds the position on the conditions stated in the
instrument of appointment.
Explanatory note
This amendment brings the provision into line with current drafting
practice.
[3.415] Section
135 (5), 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 the ending of an
appointment.
[3.416] Section
136 heading
substitute
136 Controller’s functions
Explanatory note
This amendment updates the section heading to more accurately reflect the
section’s contents.
[3.417] Section
136 (2), new note
insert
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 inserts a new note, consequent on the omission of section
136 (3) by the next amendment. Section 136 (3) stated that the controller has
the powers necessary and convenient to exercise the controller’s
function.
omit
Explanatory note
This amendment omits an unnecessary provision. The Legislation Act,
section 196 provides that a provision of a law that gives a function to
an entity (including a person) also gives the entity powers necessary and
convenient to exercise the function.
[3.419] Sections
139 (1), 142 (1) and 149 (c)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
substitute
(1) ICRC may appoint a person as an ICRC inspector for this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being made in writing
and replaces ‘for the purposes of’ with ‘for’. The
Legislation Act, section 206 provides that an appointment must be made, or
evidenced, in writing. The Legislation Act, dictionary, part 1 defines
for, in relation to an Act, to include for the purposes of the
Act.
The amendment also inserts standard notes about appointments.
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
[3.423] Division
10.4 heading
substitute
Division 10.4 Authorised people for
utility
Explanatory note
This amendment updates language (replacing ‘persons’ with
‘people’).
[3.424] Section
170, note
substitute
Note 1 The Legislation Act, s 196 (1) provides that a provision of
an Act that gives an entity (including the council) a function also gives the
entity the powers necessary and convenient to exercise the function.
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 a standard note about examples.
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
in writing
Explanatory note
This amendment omits the reference to an appointment being made in writing.
The Legislation Act, section 206 provides that an appointment must be made, or
evidenced, in writing.
[3.427] Section
174 (1), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see 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.
[3.428] Section
174 (2), note
substitute
Note The Legislation Act, s 199 (4) provides that if an Act gives a
function to a body (including the council), the exercise of the function is not
affected only because of vacancies in the body’s membership.
Explanatory note
This amendment updates a note.
substitute
(1) A member of the council holds office on the conditions (if any) stated
in the member’s appointment about matters not provided for in this
Act.
Explanatory note
This amendment removes an unnecessary reference to a member holding office
for the period stated in the member’s appointment. The Legislation Act,
section 206 (2) provides that if a law provides for a maximum period of
appointment (which this provision does, see section 175 (2) and (3)), the
instrument of appointment must state the period for which the appointment is
made.
[3.430] Section
175 (3), note
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 updates a note.
substitute
178 Registrar
The chief executive may appoint a public servant as the registrar of the
council.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Explanatory note
This amendment removes the requirement that the chief executive must create
and maintain an office for the registrar etc 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.
Standard notes about appointments are also inserted.
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
substitute
180 Immunity from personal
liability
(1) The following are not personally liable for an honest act or omission
in relation to the exercise or purported exercise of a function of the council
under this Act:
(a) a person who is, or has been, a member of the council;
(b) a person who is, or has been, the registrar;
(c) a person who is, or has been, a public servant acting under an
arrangement mentioned in section 179.
(2) Subsection (1) does not affect any liability that the Territory would
have in relation to the act or omission apart from that subsection.
Explanatory note
This amendment updates language. In particular, exercise a
function is defined in the Legislation Act, dictionary, part 1 to include
perform the function, and is the drafting term used now.
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.435] Section
182 heading
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
omit
powers
substitute
functions
Explanatory note
The reference to ‘powers’ is replaced with
‘functions’ because function is defined in the
Legislation Act, dictionary, part 1 to include authority, duty and power, and is
the drafting term used now.
[3.437] Section
189 (1) (b), new note
insert
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 inserts a standard note about examples.
[3.438] Section
191 (1) (b)
substitute
(b) may conduct its consideration of a complaint in the way it considers
appropriate.
Explanatory note
This amendment updates language.
[3.439] Section
198 (1) (a)
omit
body politic or corporate, by an officer of the body
substitute
corporation, by a proper officer of the corporation
Explanatory note
This amendment updates language. Corporation is defined in
the Legislation Act, dictionary, part 1 to include a body politic or
corporate.
omit
manner, or to the persons
substitute
way, or to the people
Explanatory note
This amendment updates language.
[3.441] Section
205 (3) (b)
omit
manner
substitute
way
Explanatory note
This amendment updates language.
[3.442] Section
207 (3), new note
insert
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 inserts a standard note about examples.
[3.443] Section
209 (4) (b)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
[3.444] Section
219, new note
insert
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 inserts a standard note about examples.
[3.445] Section
221 (2), new note
insert
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 inserts a standard note about examples.
[3.446] Sections
229A (1) and 229B (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
[3.447] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• corporation
• disallowable instrument
• exercise
• function
• magistrate
• Magistrates Court
• Minister
• national land
• notifiable instrument
• public servant
• State
• Supreme Court
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.448] Dictionary,
definition of data storage device
insert
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 inserts a standard note about examples.
[3.449] Dictionary,
definitions of installation and interference
substitute
installation, of a network facility, for part 7 (Network
operations)—see section 103.
interference, with a network or network facility, for part 8
(Protection of networks)—see section 123.
Explanatory note
This amendment brings the definitions into line with current drafting
practice.
[3.450] Dictionary,
definition of party
substitute
party, to a complaint, for part 12 (Complaints)—see
section 184.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.451] Dictionary,
definition of respondent
substitute
respondent, to a complaint, for part 12
(Complaints)—see section 184.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.452] Dictionary,
definition of utility service, paragraph (e)
substitute
(e) a service prescribed to be a utility service under section 15
(Prescribed utility services).
Explanatory note
This amendment corrects an incorrect reference to prescribed services in
the existing definition.
[3.453] Dictionary,
definition of withdrawal
substitute
withdrawal, of a utility service, for part 12
(Complaints)—see section 184.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.454] Further
amendments, mentions of persons
omit
persons
substitute
people
in
• section 33 (5), definition of group, paragraph
(b)
• section 60 (1) (a) (iii)
• section 64 (1) (b) and (2)
• section 105 (4)
• section 109 (5) (b)
• section 110 (8) (b)
• section 111 (6) (b)
• section 115 (1)
• section 116 (1) (a)
• section 125 (9), definition of urgent circumstances,
paragraph (b)
• section 159 (1) (d)
• section 170 (c)
• section 221 (2)
• dictionary, definition of owner
Explanatory note
These amendments update language.
Part
3.21 Victims of Crime Act
1994
substitute
1 Name of Act
This Act is the Victims of Crime Act 1994.
Explanatory note
This amendment revises the section providing for the Act’s name to
bring it into line with current drafting practice.
[3.456] Section
3 (1), definition of coordinator
substitute
coordinator means the Victims of Crime Coordinator.
Explanatory note
This amendment brings the definition into line with current drafting
practice.
[3.457] Section
3 (1), definition of offence
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.458] Section
3 (1), definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary inserted by
another amendment.
[3.459] 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 words
and expressions 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)).
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 standard dictionary and notes provisions in line
with current drafting practice.
omit
shall
substitute
are to
Explanatory note
This amendment updates language.
omit
manner
substitute
way
Explanatory note
This amendment updates language.
omit
due
substitute
appropriate
Explanatory note
This amendment updates language.
substitute
(b) a victim should be told at reasonable intervals (generally not more
than 1 month) of the progress of police investigations about the relevant
offence, except if the disclosure might jeopardise the investigation, and, in
that case, the victim should be told accordingly;
Explanatory note
This amendment updates language.
[3.464] Section
4 (c), (d) and (e)
omit
informed of
substitute
told about
Explanatory note
This amendment updates language.
substitute
(f) if any victim’s property is held by the Territory for the
purposes of investigation or evidence—inconvenience to the victim should
be minimised and the property returned promptly;
Explanatory note
This amendment updates language.
omit
informed
substitute
told
Explanatory note
This amendment updates language.
substitute
(j) a victim should not have to appear at preliminary hearings or
committal proceedings unless the court directs the victim to appear;
Explanatory note
This amendment updates language.
omit
informed of
substitute
told about
Explanatory note
This amendment updates language.
substitute
5 Compliance with principles
A person who exercises a function in the administration of justice must
have regard to the governing principles mentioned in section 4, as well as other
relevant matters.
6 Giving information to coordinator—legal
immunity
(1) This section applies—
(a) to a person who exercises, or has exercised, a function in the
administration of justice; and
(b) if the person—
(i) gives information to the coordinator that the person believes on
reasonable grounds is required by the coordinator for this Act; and
(ii) the information is given honestly.
(2) A civil proceeding in relation to the information does not lie against
the person.
(3) Subsection (2) does not affect any liability that the Territory would
have in relation to the giving of information apart from that
subsection.
Explanatory note
This amendment brings the provisions into line with current drafting
practice. ‘Perform’ a function is replaced with ‘exercise,
because exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and ‘exercise’
is the drafting term used now. The amendment also updates language.
omit
referred to
substitute
mentioned
Explanatory note
This amendment updates language.
omit
law of the Territory
substitute
Territory law
Explanatory note
This amendment brings the phrase into line with current drafting
practice.
[3.472] Section
7, new note
insert
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 inserts a new note, consequent on the omission of section 10
by a later amendment. Section 10 stated that the coordinator has the powers
necessary and convenient to exercise the coordinator’s function.
omit
referred to
substitute
mentioned
Explanatory note
This amendment updates language.
substitute
(2) A person who exercises, or has exercised, a function in the
administration of justice must, as far as practicable, give the coordinator the
information asked for by the coordinator for an investigation.
Explanatory note
This amendment brings the provisions into line with current drafting
practice. ‘Perform’ a function is replaced with ‘exercise,
because exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and ‘exercise’
is the drafting term used now. The amendment also updates language.
omit
shall
substitute
must
Explanatory note
This amendment updates language.
omit
Explanatory note
This amendment omits an unnecessary provision. The Legislation Act,
section 196 provides that a provision of a law that gives a function to
an entity (including a person) also gives the entity powers necessary and
convenient to exercise the function.
omit
performance of a function under or in relation to this Act or another
law.
substitute
exercise of a function under this Act or another law in force in the
ACT.
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now. This amendment also omits the unnecessary reference to ‘in
relation to’ and makes it clear that the reference to another law means a
law in force in the ACT.
omit everything before paragraph (a), substitute
(2) In a disclosure mentioned in subsection (1), the coordinator must
not—
Explanatory note
This amendment updates language.
substitute
13 Protection of coordinators
etc
(1) This section applies to a person who is, or has been—
(a) the coordinator; or
(b) a person acting under the direction or authority of the
coordinator.
(2) A civil proceeding does not lie against the person in relation to
loss, damage or injury of any kind to someone else because of an act done, or
omitted to be done, honestly in the exercise (or purported exercise) of a
function under this Act or another law.
(3) Subsection (2) does not affect any liability that the Territory would
have in relation to the giving of information apart from that
subsection.
Explanatory note
This amendment brings the provisions into line with current drafting
practice. ‘Performance’ of a function is replaced with
‘exercise, because exercise a function is defined in the
Legislation Act, dictionary, part 1 to include perform the function, and
‘exercise’ is the drafting term used now. The amendment also
updates language.
substitute
Division 3.2 The
coordinator
14 The Victims of Crime
Coordinator
There is to be a Victims of Crime Coordinator.
15 Appointment of coordinator
The coordinator is appointed by the Minister.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
16 Term of appointment of
coordinator
The coordinator must be appointed for a term of 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).
17 Conditions of appointment of
coordinator
The coordinator holds the position on the conditions (if any) not provided
for by this Act that are stated in the instrument of appointment.
18 Ending of appointment of
coordinator
The Minister may end the coordinator’s appointment—
(a) for misbehaviour or physical or mental incapacity; or
(b) under the instrument of appointment.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Explanatory note
New section 14: This section restates existing section 14 (1).
New section 15: This section restates existing section 14 (2). The new
section omits the reference to the appointment being made in writing. The
Legislation Act, section 206 provides that an appointment must be made, or
evidenced, in writing. The amendment also inserts standard notes about
appointments.
New section 16: This section restates existing section 15 (a). The new
section removes a provision that requires the instrument of appointment to state
the period of appointment. The Legislation Act, section 206 (2) provides that,
if a law provides for a maximum period of appointment, the period of appointment
must be stated in the instrument of appointment. It also removes a reference to
reappointment and a note about this is inserted. 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.
Existing section 16: This section is unnecessary, because the Legislation
Act, section 210 provides that a person’s appointment also ends if the
person resigns. A note to this effect is inserted in new section 18.
New section 17: This section restates existing section 15 (b) and brings
it into line with current drafting practice.
New section 18: This section restates existing section 17 and brings the
provision into line with current drafting practice. It also inserts a standard
note about the ending of an appointment by resignation.
Existing section 18: This provision deals with acting coordinators. It is
no longer necessary, for the following reasons:
• the Legislation Act, section 209 provides that a power to make an
appointment includes the power to make an acting appointment during vacancies
and when the holder of the position is not available; and
• the bar on acting for longer than 1 year is contained in the
Legislation Act, section 221 (1); and
• the Legislation Act, section 225 states that an acting appointment
is not affected by a defect etc.
omit
shall
substitute
must
Explanatory note
This amendment updates language.
omit
the purposes of
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines for, in relation to an Act, to include for the
purposes of the Act.
[3.483] Section
19 (2) (e)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act,
dictionary, part 1 to include perform the function, and is the drafting term
used now.
omit
the purposes of
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines for, in relation to an Act, to include for the
purposes of the Act.
substitute
(a) the annual reporting authority nominated in accordance with the
regulations were a public authority under that Act; and
Explanatory note
This amendment updates language.
[3.486] Sections
21 (c) and 22 (a)
omit
the purposes of
Explanatory note
This amendment omits unnecessary words. The Legislation Act, dictionary,
part 1 defines for, in relation to an Act, to include for the
purposes of the Act.
omit
within the meaning of
substitute
under
Explanatory note
This amendment updates language.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• law, of the Territory
• Minister
• penalty unit (see s 133)
• police officer
• the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary
notes.
Part
3.22 Victims of Crime Regulations
2000
[3.489] Regulation
7 (2), new notes
insert
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 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
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.491] Regulation
8 (4), notes
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 note 2, which provided that a power to appoint a
person to a position includes power to appoint a person to act in the position.
The note about acting appointments is incorporated in the standard note about
appointments (see the amendment of reg 7 (2), new note 1).
[3.492] Regulation
11 (1)
substitute
(1) An appointed member must not be appointed for longer than
2 years.
Explanatory note
This amendment brings the provision into line with current drafting
practice.
omit
Explanatory note
This amendment removes an unnecessary reference to the instrument of
appointment stating the term for which an appointed member is appointed. The
Legislation Act, section 206 (2) provides that if a law provides for a maximum
period of appointment (which these regulations do, see reg 11 (1)), the
instrument of appointment must state the period for which the appointment is
made.
[3.494] Regulation
24 (5), definition of found guilty
omit
Explanatory note
This amendment omits an unnecessary definition. Found guilty
is defined in the Legislation Act, dictionary, part 1.
omit
Territory
substitute
ACT
Explanatory note
This amendment is in line with current drafting practice. When ‘the
Territory’ is used in the geographical sense, current drafting practice is
to use ‘ACT’ instead. ACT is defined in the
Legislation Act, dictionary, part 1.
[3.496] Regulation
51 (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
[3.497] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• chief executive
• chief police officer
• commissioner for health complaints
• dentist
• disallowable instrument
• doctor
• DPP
• entity
• found guilty
• lawyer
• Magistrates Court
• Minister
• Supreme Court.
Note 3 Words and expressions used in these regulations have the same
meaning that they have in the Victims of Crime Act 1994 (see Legislation
Act, s 148). In particular, the following terms are defined in the
Victims of Crime Act 1994, dict:
• harm
• victim.
Explanatory note
This amendment inserts standard notes into the dictionary about terms
defined in the Legislation Act and in the Act under which the regulations are
made.
[3.498] Dictionary,
definitions of harm and victim
omit
Explanatory note
This amendment omits signpost definitions of terms defined in the
Victims of Crime Act 1994, section 3 (1). It is not legally necessary to
include the signpost definitions (see the Legislation Act, section 148), but
they were included to help readers find the meaning of the terms. Instead of
including signpost definitions, current drafting practice is to include a note
that states that terms used in the regulations are defined in the Act,
dictionary under which the regulation is made, and to list some of those terms
(see the above amendment).
Part
3.23 Water and Sewerage Act
2000
omit
the Act
substitute
this Act
Explanatory note
This amendment brings the dictionary provision into line with the standard
dictionary provision.
renumber as sections 2 and 3
Explanatory note
This amendment renumbers the sections.
insert
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 notes provision in line with current
drafting practice.
substitute
(1) The owner of premises on which it is proposed to do plumbing or
sanitary drainage work must appoint a certifier in relation to the
work.
Note For the making of appointments, see Legislation Act,
div 19.3.
Explanatory note
This amendment omits the reference to the appointment being made in
writing. The Legislation Act, section 206 provides that an appointment must be
made, or evidenced, in writing. The amendment also inserts a standard note
about appointments.
[3.503] Section
5 (3) and (4)
substitute
(3) A certifier’s appointment ends if the certifier ceases to be
entitled to be appointed as a certifier in relation to the relevant
work.
Note 1 A person’s power to make an appointment includes the
power to end the appointment (see Legislation Act, s 208).
Note 2 A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
(4) The Legislation Act, section 209 (Power of appointment includes power
to make acting appointment) does not apply to the appointment of a certifier
under this section.
Explanatory note
Existing section 5 (3) (a) is omitted because the Legislation Act, section
208 provides that a person’s power to make an appointment includes the
power to end the appointment.
Existing section 5 (3) (b) is omitted because the Legislation Act, section
210 provides that a person’s appointment also ends if the person resigns.
A note to this effect is inserted by this amendment.
Existing section 5 (4) is remade as section 5 (3). This amendment brings
the subsection into line with current drafting practice.
New section 5 (4) displaces the Legislation Act, section 209, because it is
not appropriate to appoint an acting certifier under this section. If a
certifier appointed under this section cannot continue to be the certifier, the
owner of the premises would appoint a new certifier.
omit
by virtue of section 5 (3) or (4) (Appointment of certifiers)
Explanatory note
This amendment is consequential on the amendment of section 5 (3) and (4)
by an earlier amendment.
omit
AS1100
substitute
Australian Standard 1100
Explanatory note
This amendment makes it clear that the reference is to an Australian
Standard.
[3.506] Section
18, new definitions
insert
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, or is intended to be used, to commit the
offence.
offence includes an offence that there are reasonable grounds
for believing is being, has been or will be committed.
Explanatory note
This amendment brings the form of the definitions (previously contained in
section 19) more closely into line with current drafting practice.
omit
Explanatory note
The definitions contained in section 19, a thing connected
with an offence and offence, have been relocated to section 18 by
the previous amendment.
insert
Note For how documents may be served, see Legislation Act,
pt 19.5.
Explanatory note
This amendment inserts a standard note about service of
documents.
substitute
(1) The chief executive may appoint a person as an inspector for this
Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 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 omits the reference to the appointment being made in writing
and ‘for a provision of this Act’. The Legislation Act, section 206
provides that an appointment must be made, or evidenced, in writing, and section
7 (3) provides that a reference to an Act includes a reference to a provision of
an Act. The amendment also inserts standard notes about appointments.
substitute
26 Delegation—chief
executive
The chief executive may delegate the chief executive’s functions
under this part (other than section 23 (Appointment of inspectors)) to an
inspector or 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 omitting the words
‘all or any’ (of the chief executive’s functions). This is
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 delegated functions, is delegated.
The reference to the chief executive’s ‘powers’ is
replaced with ‘functions’, because function is defined
in the Legislation Act, dictionary, part 1 to include authority, duty and power,
and is the drafting term used now.
This amendment also inserts a standard note about delegations.
[3.511] Section
48 (1), new note
insert
Note For other provisions about forms, see Legislation Act, s
255.
Explanatory note
This amendment inserts a standard note about approved forms.
omit
(see s 3)
substitute
(see s 2)
Explanatory note
This amendment is consequential on the renumbering of section 3 by an
earlier amendment.
[3.513] Dictionary,
new notes
insert
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative appeals tribunal
• appoint
• chief executive
• disallowable instrument
• document
• function
• magistrate
• penalty unit (see s 133)
• the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.514] Dictionary,
new definition of connected
insert
connected, with an offence, for part 4
(Enforcement)—see section 18.
Explanatory note
This amendment inserts a signpost definition in line with current drafting
practice.
[3.515] Dictionary,
definition of function
omit
Explanatory note
This amendment omits an unnecessary definition. Function is
defined in the Legislation Act, dictionary, pt 1 to include authority, duty and
power.
[3.516] Dictionary,
new definitions
insert
occupier, of premises, for part 4 (Enforcement)—see
section 18.
offence, for part 4 (Enforcement)—see section
18.
reasonably believes, for part 4 (Enforcement)—see
section 18.
Explanatory note
This amendment inserts signpost definitions in line with current drafting
practice.
[3.517] Dictionary,
definition of this Act
omit
Explanatory note
This amendment omits an unnecessary definition. 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, including
regulations.
Part
3.24 Workers Compensation Act
1951
[3.518] Section
20 (1), definition of CPI
omit
ABS
substitute
Australian Statistician
Explanatory note
This amendment replaces an incorrect reference to the ABS (the Australian
Bureau of Statistics) with a reference to the ‘Australian
Statistician’.
[3.519] Section
20 (1), note
substitute
Note AWE is defined in the dict.
Explanatory note
This amendment removes the reference to the ABS, and is
consequential on the previous amendment.
[3.520] Dictionary,
definition of ABS
omit
Explanatory note
This amendment omits an unnecessary definition. All of the references in
the Act to the ABS are replaced with references to the Australian Statistician
by amendments in this part.
[3.521] Dictionary,
definition of AWE
substitute
AWE means—
(a) the average weekly earnings, States and Territories, seasonally
adjusted for the ACT (all males total earnings) contained in Average Weekly
Earnings, Australia issued by the Australian Statistician; or
(b) if the Australian Statistician issues a publication (however
described) containing average weekly earnings in substitution for, or instead
of, the average weekly earnings mentioned in paragraph (a)—the substituted
average weekly earnings.
Explanatory note
This amendment replaces an incorrect reference to the ABS (the Australian
Bureau of Statistics) with a reference to the ‘Australian
Statistician’ and updates the reference to the publication issued by the
Australian Statistician.
Schedule
4 Repeal of redundant
Act
(see s 6)
Part
4.1 Companies (Commonwealth Brickworks
(Canberra) Limited) Act 1979
Explanatory note
This part repeals an Act that is no longer needed.
The Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979
authorised the Commonwealth Brickworks (Canberra) Limited to pass a resolution
about altering the company’s memorandum of association. The Act required
the company to lodge the resolution with the registrar of companies for
registration. The alteration of the memorandum of association would take effect
on registration.
The operation of the Act is spent. The resolution was passed on 10 August
1979, and was registered soon after.
Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 No
22
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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