2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Dangerous Substances Act 2004 4

Part 1.2 Domestic Animals Act 2000 9

Part 1.3 Occupational Health and Safety Act 1989 9

Part 1.4 Road Transport (General) Act 1999 13

Part 1.5 University of Canberra Act 1989 16

Part 2.1 Legislation Act 2001 24

Part 2.2 Legislation Regulation 2003 86

Part 3.1 Agents Act 2003 88

Part 3.2 Agents Regulation 2003 91

Part 3.3 Associations Incorporation Act 1991 92

Part 3.4 Bail Act 1992 93

Part 3.5 Births, Deaths and Marriages Registration Act 1997 93

Part 3.6 Board of Senior Secondary Studies Act 1997 113

Part 3.7 Building Act 2004 136

Part 3.8 Business Names Regulation 1966 136

Part 3.9 Construction Occupations (Licensing) Act 2004 138

Part 3.10 Coroners Act 1997 139

Part 3.11 Court Procedures Act 2004 140

Part 3.12 Crimes Act 1900 143

Part 3.13 Crimes (Forensic Procedures) Act 2000 144

Part 3.14 Cultural Facilities Corporation Act 1997 144

Part 3.15 Dangerous Substances Act 2004 154

Part 3.16 Domestic Animals Act 2000 158

Part 3.17 Domestic Animals Regulation 2001 159

Part 3.18 Duties Act 1999 160

Part 3.19 Environment Protection Act 1997 162

Part 3.20 Environment Protection Regulation 1997 164

Part 3.21 Fair Trading Act 1992 164

Part 3.22 Financial Management Act 1996 165

Part 3.23 Food Act 2001 166

Part 3.24 Food Regulation 2002 168

Part 3.25 Gene Technology Regulation 2004 168

Part 3.26 Gungahlin Drive Extension Authorisation Act 2004 169

Part 3.27 Heritage Act 2004 169

Part 3.28 Hotel School Act 1996 170

Part 3.29 Intoxicated Persons (Care and Protection) Act 1994 170

Part 3.30 Judicial Commissions Act 1994 178

Part 3.31 Land (Planning and Environment) Act 1991 179

Part 3.32 Land Tax Act 2004 181

Part 3.33 Leases (Commercial and Retail) Act 2001 181

Part 3.34 Long Service Leave (Building and Construction Industry) Act 1981 182

Part 3.35 Magistrates Court Act 1930 184

Part 3.36 Magistrates Court (Land Planning and Environment Infringement Notices) Regulation 2003 239

Part 3.37 Magistrates Court (Sale of Residential Property Infringement Notices) Regulation 2004 240

Part 3.38 Magistrates Court (Security Industry Infringement Notices) Regulation 2003 241

Part 3.39 Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 242

Part 3.40 Magistrates Court (Utilities Infringement Notices) Regulation 2002 243

Part 3.41 National Environment Protection Council Act 1994 244

Part 3.42 Nature Conservation Act 1980 244

Part 3.43 Occupational Health and Safety Act 1989 246

Part 3.44 Pharmacy Act 1931 247

Part 3.45 Planning and Land Act 2002 248

Part 3.46 Public Health Regulation 2000 248

Part 3.47 Public Sector Management Act 1994 249

Part 3.48 Rates Act 2004 251

Part 3.49 Rehabilitation of Offenders (Interim) Act 2001 252

Part 3.50 Remand Centres Act 1976 252

Part 3.51 Residential Tenancies Amendment Act 2004 253

Part 3.52 Roads and Public Places Act 1937 253

Part 3.53 Road Transport (Alcohol and Drugs) Act 1977 254

Part 3.54 Road Transport (Dimensions and Mass) Act 1990 256

Part 3.55 Road Transport (Driver Licensing) Act 1999 257

Part 3.56 Road Transport (General) Act 1999 261

Part 3.57 Road Transport (Public Passenger Services) Act 2001 266

Part 3.58 Road Transport (Safety and Traffic Management) Act 1999 268

Part 3.59 Road Transport (Vehicle Registration) Act 1999 272

Part 3.60 Road Transport (Vehicle Registration) Regulation 2000 277

Part 3.61 Sale of Motor Vehicles Act 1977 278

Part 3.62 Sale of Motor Vehicles Regulation 1977 281

Part 3.63 Superannuation (Legislative Assembly Members) Act 1991 281

Part 3.64 Supreme Court Act 1933 282

Part 3.65 Supreme Court Rules 1937 282

Part 3.66 Territory Owned Corporations Act 1990 283

Part 3.67 Territory plan 283

Part 3.68 Tertiary Accreditation and Registration Act 2003 284

Part 3.69 Trustee Act 1925 285

Part 3.70 Unit Titles Act 2001 300

Part 3.71 Victims of Crime (Financial Assistance) Act 1983 304

Part 3.72 Waste Minimisation Act 2001 304

Part 3.73 Workers Compensation Act 1951 306

Part 3.74 Workers Compensation Regulation 2002 306

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend certain legislation 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 2005.

(1) This Act commences 21 days 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, or is taken to have had 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.

An amendment followed by ‘(commencement: 8 March 2005)’ means that the amendment is taken to have commenced on 8 March 2005.

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 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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This Act amends the legislation mentioned in schedules 1 to 3.

Note 1 An inspector may issue a prohibition notice in relation to the site of a dangerous occurrence (see s 109 (2) (b) (ii)).

This amendment is consequential on the remaking of section 109 by another amendment.

basis, for giving a prohibition notice, means—

(a) the contravention of this Act in relation to which the prohibition notice was given and the risk to be prevented or minimised under the notice (see section 109 (1)); or

(b) the contravention of the improvement notice in relation to which the prohibition notice was given (see section 109 (2) (a)); or

(c) the inspection, testing or monitoring to be allowed under the notice (see section 109 (2) (b) (i)); or

(d) the accident or other incident to be investigated under the notice (see section 109 (2) (b) (ii)).

This amendment is consequential on the remaking of section 109 by another amendment.

(1) An inspector may give a notice (a prohibition notice) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—

(a) someone at the premises has contravened, is contravening, or is likely to contravene, this Act in relation to the substance; and

(b) giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from a hazard at the premises associated with the substance.

(2) An inspector may also give a notice (also a prohibition notice) to a responsible person for a dangerous substance at premises if the inspector believes, on reasonable grounds, that—

(a) someone at the premises has contravened, is contravening, or is likely to contravene, an improvement notice; or

(b) giving the notice is necessary to allow—

(i) the inspection, testing or monitoring of anything at the premises used in relation to the handling of the substance; or

(ii) the investigation of an accident or other incident (including a dangerous occurrence) at the premises in relation to the substance.

to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test

Note 1 For how documents may be served, see the Legislation Act, pt 19.5.

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3 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).

Existing section 109 (a) provides for a prohibition notice to be issued if an inspector believes, on reasonable grounds, that a person at premises has contravened, is contravening, or is likely to contravene, the Act. That provision is too general and unnecessarily applies to minor contraventions. Existing section 109 (b) (i) provides for a notice to be issued if an inspector believes, on reasonable grounds, that it is necessary to prevent or minimise risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from a hazard at premises associated with a dangerous substance. The issue of a notice in those circumstances is not appropriate if there is not a contravention of the Act. This amendment (see new section 109 (1)) combines those requirements so that both requirements must be satisfied before a prohibition notice can be issued.

Existing section 109 (b) (ii) and (iii) (which are about notices given to allow inspection, testing, monitoring and investigation) are retained as independent grounds for the issue of a prohibition notice (see new section 109 (2) (b)).

The amendment also adds new section 109 (2) (a). That paragraph provides for a prohibition notice to be issued for a contravention or likely contravention of an improvement notice. This new ground recognises that a prohibition notice may need to be issued in relation to a dangerous substance even though the risk is less than that of the serious harm required for the issue of a prohibition notice under new section 109 (1). However, new section 109 (2) (a) has a considerably narrower scope than existing section 109 (a) (see above) and it is balanced by the requirement that an improvement notice must have been issued.

section 109 (a) or (b) (i) (which are about notices given in relation to contravention of this Act or to prevent or minimise risk of serious harm or substantial damage)

section 109 (1) or (2) (a) (which are about notices given to prevent or minimise risk of serious harm etc from contravention of this Act or the contravention of an improvement notice)

This amendment is consequential on the remaking of section 109 by another amendment.

section 109 (b) (ii) or (iii) (which are about

section 109 (2) (b) (which is about

This amendment is consequential on the remaking of section 109 by another amendment.

section 109 (b) (ii) or (iii)

section 109 (2) (b)

This amendment is consequential on the remaking of section 109 by another amendment.

(1) This section applies to a prohibition notice if the notice was given under section 109 (1) or (2) (a) (which are about notices given to prevent or minimise risk of serious harm etc from contravention of this Act or the contravention of an improvement notice).

This amendment is consequential on the remaking of section 109 by another amendment.

section 109 (a) or (b) (i)

section 109 (1) or (2) (a)

This amendment is consequential on the remaking of section 109 by another amendment.

section 109 (b) (ii) or (iii) (which are about

section 109 (2) (b) (which is about

This amendment is consequential on the remaking of section 109 by another amendment.

during stated times

at all times or

This amendment makes it clear that a cat curfew can operate on a 24-hour basis.

basis, for giving a prohibition notice, means—

(a) the contravention of this Act in relation to which the prohibition notice was given and the risk to be prevented or minimised under the notice (see section 155 (1)); or

(b) the inspection, testing or monitoring to be allowed under the notice (see section 155 (2) (a)); or

(c) the accident or other incident to be investigated under the notice (see section 155 (2) (b)).

This amendment is consequential on the remaking of section 155 by another amendment.

(1) An inspector may give a notice (a prohibition notice) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that—

(a) someone at the workplace has contravened, is contravening, or is likely to contravene, this Act; and

(b) giving the notice is necessary to prevent or minimise risk of serious harm to the health or safety of people from a hazard at the workplace.

(2) An inspector may also give a notice (also a prohibition notice) to a responsible person for a workplace if the inspector believes, on reasonable grounds, that giving the notice is necessary to allow—

(a) the inspection, testing or monitoring of anything at the workplace; or

(b) the investigation of an accident or other incident (including a dangerous occurrence) at the workplace.

to allow for routine compliance testing of plant and systems if the responsible person has not voluntarily agreed to the plant or system being shut down for the test

Note 1 For how documents may be served, see the Legislation Act, pt 19.5.

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3 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).

Existing section 155 (a) provides for a prohibition notice to be issued if an inspector believes, on reasonable grounds, that a person at premises has contravened, is contravening, or is likely to contravene, the Act. That provision is too general and unnecessarily applies to minor contraventions. Existing section 155 (b) (i) provides for a notice to be issued if an inspector believes, on reasonable grounds, that it is necessary to prevent or minimise risk of serious harm to the health or safety of people from a hazard at a workplace. The issue of a notice in those circumstances is not appropriate if there is not a contravention of the Act. This amendment (see new section 155 (1)) combines those requirements so that both requirements must be satisfied before a prohibition notice can be issued.

Existing section 155 (b) (ii) and (iii) (which are about notices given to allow inspection, testing, monitoring and investigation) are retained as independent grounds for the issue of a prohibition notice (see new section 155 (2)).

section 155 (a) or (b) (i) (which are about notices given in relation to contravention of this Act or to prevent or minimise risk of serious harm)

section 155 (1) (which is about a notice given to prevent or minimise risk of serious harm from contravention of this Act)

This amendment is consequential on the remaking of section 155 by another amendment.

section 155 (b) (ii) or (iii) (which are about

section 155 (2) (which is about

This amendment is consequential on the remaking of section 155 by another amendment.

section 155 (b) (ii) or (iii)

section 155 (2)

This amendment is consequential on the remaking of section 155 by another amendment.

(1) This section applies to a prohibition notice if the notice was given under section 155 (1) (which is about a notice given to prevent or minimise risk of serious harm from contravention of this Act).

This amendment is consequential on the remaking of section 155 by another amendment.

section 155 (a) or (b) (i)

section 155 (1)

This amendment is consequential on the remaking of section 155 by another amendment.

section 155 (b) (ii) or (iii) (which are about

section 155 (2) (which is about

This amendment is consequential on the remaking of section 155 by another amendment.

(1A) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the offence.

Note For the time within which a prosecution must be begun, see the Legislation Act, s 192.

Section 24 deals with the service of infringement notices for offences against the road transport legislation generally. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted. This is implicit in the nature of an infringement notice scheme and in the provisions of the Road Transport (General) Act 1999, part 3. For example, section 22 (1) provides ‘the purpose of this part is to create a system of infringement notices ... as an alternative to prosecution’ (emphasis added). However, the point is not expressly dealt with in the part. The amendment will put the matter beyond doubt by expressly providing that infringement notices may not be served for ‘stale’ offences.

This amendment brings section 24 into line with the comparable provision of the infringement notice scheme under the Magistrates Court Act 1930 (see section 120 (2)).

This amendment is consequential on the insertion of new section 24 (1A) by another amendment.

(7A) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after—

(a) if a regulation under subsection (7) prescribes a period for the offence—the end of the prescribed period; or

(b) in any other case—the end of the time within which a prosecution may be brought against the person for the offence.

Section 36 deals with the service of infringement notices for offences against the road transport legislation involving a vehicle on the responsible person for the vehicle. The amendment makes it clear that an infringement notice cannot be served under the section for an offence that cannot be prosecuted.

Under section 36 (7) the regulations may provide that an infringement notice for an offence may only be served under section 36 within the prescribed period after the day the offence was committed. For example, the Road Transport (Offences) Regulation 2001, section 15 provides that infringement notices for camera-detected offences may only be served within 28 days after the day the offence was committed. The effect of section 36 (7) (and the regulation provision made for it) is reflected in the subsection inserted by the amendment.

This amendment brings section 36 into line with the comparable provision of the infringement notice scheme under the Magistrates Court Act 1930 (see section 131B (8)).

This amendment is consequential on the insertion of new section 36 (7A) by another amendment.

(6) To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.

Note For the time within which a prosecution must be begun, see the Legislation Act, s 192.

This amendment makes it clear that this section does not provide for an extended period within which a prosecution for an offence may be brought. The Legislation Act, section 192 limits the time for bringing prosecutions for minor summary offences to 1 year after the day of the commission of the offence unless a territory law provides for another period.

The Road Transport (General) Act 1999, section 53 (2) provides that an administering authority ‘may’ lay an information against a person for an offence for which an infringement notice has been served within 60 days after being given a notice disputing liability is received.

The better view is that the word ‘may’ in this context indicates that the laying of an information is discretionary rather than mandatory (see Legislation Act, section 146 (1)) and does not empower the laying of an information within the 60-day period after the 1-year period for bringing a prosecution has ended. This view is supported by section 53 (5) which has the effect that a prosecution for an offence must be begun within 60 days after the receipt of a notice disputing liability for the offence.

The amendment will put the matter beyond doubt by expressly providing that the section does not permit the laying of an information after the end of the 1-year period.

This amendment brings section 53 into line with the comparable provision of the infringement notice scheme under the Magistrates Court Act 1930 (see section 134 (6)).

The Higher Education Support Act 2003 (Cwlth), section 33-15 provides for increased financial assistance to universities that satisfy certain requirements, including the applicable National Governance Protocols (see www.dest.gov.au/highered/governance/nat_gov_prot.htm).

National Governance Protocol 3 (see par 7.5.15) includes the requirement that, with stated exceptions, the members of the governing body of a university must be personally appointed. The exceptions are the chancellor, the vice-chancellor and the presiding member of an academic board who may be on the governing body because of their position.

Section 11 deals with membership of the council. Paragraph (1) (b) provides that the deputy chancellor is a member of the council because of that person’s position. This amendment omits the paragraph.

This amendment is consequential on the omission of section 11 (1) (b) by another amendment.

(2) If the council considers that it is necessary to appoint extra members of the council to enable the council to exercise its functions efficiently, the council may appoint up to 3 people as members of the council.

Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

This amendment increases from 2 to 3 the number of extra people the council may appoint to exercise its functions efficiently. It is related to the omission of section 11 (1) (b) by another amendment.

(6) The maximum period that a person can be a member of the council is 12 years (whether consecutive or not) unless the council otherwise decides to extend the maximum period for the person.

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).

The Higher Education Support Act 2003 (Cwlth), section 33-15 provides for increased financial assistance to universities that satisfy certain requirements, including the applicable National Governance Protocols (see www.dest.gov.au/highered/governance/nat_gov_prot.htm).

National Governance Protocol 6 (see par 7.5.50) includes the requirement that a university’s governing body must establish the maximum period that a person may serve on the body which should not generally exceed 12 years unless otherwise specifically agreed by a majority of the governing body.

This amendment provides for a maximum period or periods of 12 years or any other period set by the council.

(1) A person is not qualified to become or remain a member of the council if the person—

(a) is under 18 years old; or

(b) is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations); or

(c) is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

(d) is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

(2) Disqualification under subsection (1) (c) or (d) ends on the later of the following:

(a) 5 years after the date of the person’s conviction;

(b) 5 years after the date of the person’s release from prison.

The Higher Education Support Act 2003 (Cwlth), section 33-15 provides for increased financial assistance to universities that satisfy certain requirements, including the applicable National Governance Protocols (see www.dest.gov.au/highered/governance/nat_gov_prot.htm).

National Governance Protocol 3 (see par 7.5.25) provides that a member of a university’s governing body automatically vacates the position if the person is, or becomes, disqualified from acting as a director of a company or managing corporations under the Corporations Act, part 2D.6.

This amendment inserts new section 12 (1) (b) which provides that a person is not qualified to become or remain a member of the council if the person is disqualified under the Corporations Act, part 2D.6. The period of disqualification under existing section 12 (2) is increased from 2 years to 5 years to bring it into line with the disqualification period under the Corporations Act.

Existing section 12 does not apply to the vice-chancellor. This exception is not included in new section 12 and, accordingly, the vice-chancellor is covered by the same qualification requirements as the other members of the council.

Existing section 12 (1) (b) (which is about bankruptcy and personal insolvency agreements) is omitted because these matters are grounds for automatic disqualification under the Corporations Act, part 2D.6 (see s 206A).

Existing section 12 (1) (c) provides for disqualification if a person has been convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for 1 year or longer. It is updated in new section 12 (1) (c) and (d) in accordance with current drafting practice. In particular, a person is disqualified if the person is convicted of an offence committed outside Australia that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

(1) In exercising the functions of a member of the council, a council member must—

(a) act always in the best interests of the university as a whole; and

(b) act honestly and for a proper purpose; and

(c) exercise reasonable care and diligence.

(2) Also, a member of the council—

(a) must avoid conflicts of interest; and

(b) must disclose to the council, in accordance with section 14 and the statutes, any conflict between the member’s interests and the university’s interests; and

(c) must not improperly use the member’s position, or information obtained because of the member’s position, to—

(i) gain an advantage for the member or someone else; or

(ii) cause detriment to the university or someone else.

(3) The duty under subsection (1) (a) must be observed in priority to any duty a member may owe to those electing or appointing the member.

(4) The council may, by resolution passed by ²/3 of the members of the council for the time being, remove a council member from office if the member fails to comply with a duty under subsection (1).

The Higher Education Support Act 2003 (Cwlth), section 33-15 provides for increased financial assistance to universities that satisfy certain requirements, including the applicable National Governance Protocols (see www.dest.gov.au/highered/governance/nat_gov_prot.htm).

This amendment gives effect to National Governance Protocol 3 (see par 7.5.20). It also includes in subsection (2) (c) the additional elements of the improper use of information and the improper use of position or information to cause detriment to the university or someone else (see section (2) (c) (ii)).

a direct or indirect pecuniary interest

an interest

Section 14 is about the disclosure of interests by council members. This amendment brings the references to interest into line with new section 12A (2) (a) and (b) which is inserted by another amendment. Section 14 operates subject to the University’s statutes (see section (4)). Accordingly, details of council members’ obligations etc in relation to disclosure of interests (including, for example, conformity with a director’s obligations under the Corporations Act) can be set-out in the statutes.

(other than the vice-chancellor)

This amendment is related to the removal of an exception for the vice-chancellor from section 12 by another amendment.

(ab) is removed from office under section 12A (4) (Duties of members of council); or

This amendment provides that the office of a member of the council becomes vacant if the member is removed from office under new section 12A (4) which is inserted by another amendment.

Section 15 (1) (e) provides that the office of a member of the council (other than the vice-chancellor) becomes vacant if the member, without reasonable excuse, contravenes section 14 (1). That section is about the disclosure of interests by council members.

This amendment omits the paragraph because a council member (including the vice-chancellor) who fails to disclose a conflict of interest may be removed under new section 12A (4) which is inserted by another amendment.

This amendment is consequential on the insertion of new section 15 (1) (ab) and the omission of section 15 (1) (e).

(3) A person is not eligible to be appointed as the chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).

The chancellor is automatically a member of the university’s council (see section 11 (1) (a)). This amendment is related to new section 12 (1) (b) which provides that a person is not qualified to become or remain a member of the council if the person is disqualified under the Corporations Act, part 2D.6.

or another person

This amendment restricts the people who may be appointed as the deputy chancellor to members of the council. It is related to the omission of section 11 (1) (b) by another amendment.

(4) A person is not eligible to be appointed as the vice-chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).

The vice-chancellor is automatically a member of the university’s council (see section 11 (1) (c)). This amendment is related to new section 12 (1) (b) which provides that a person is not qualified to become or remain a member of the council if the person is disqualified under the Corporations Act, part 2D.6.

pecuniary interests

interests

This amendment brings the reference to pecuniary interests into line with that in new section 12A (2) (a) and (b) which is inserted by another amendment.

Note 2 Section 100 (1) deals with references to particular Acts.

This amendment replaces a note to section 7 consequential on the remaking of chapter 10 (Referring to laws) by another amendment.

This amendment omits an example that is no longer appropriate. The Australian Road Rules currently in force were notified as a notifiable instrument on 16 July 2004.

1 Additional material entered in the register under section 19 (3) (Contents of register) that is not an Act or statutory instrument, for example, 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.

This amendment omits part of an example that is no longer appropriate. The Australian Road Rules currently in force were notified as a notifiable instrument on 16 July 2004.

(h) amendments or other changes made under chapter 11 (Republication of Acts and statutory instruments); or

This amendment adds a reference to amendments made under chapter 11 to more accurately reflect the wording used in chapter 11.

, in writing,

This amendment is consequential on the insertion of new section 42 (2) by another amendment.

issued under this section

This amendment omits words that are unnecessary in the context of the section.

, in writing,

This amendment is consequential on the insertion of new section 42 (2) by another amendment.

in whole or in part

This amendment removes unnecessary words.

after the disallowance of the RIS exemption

after the day the RIS exemption is disallowed

This amendment expressly provides that, in working out the period within which a regulatory impact statement must be presented to the Legislative Assembly after a RIS exemption is disallowed, the day on which the RIS exemption is disallowed is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).

(d) the commencement of an Act or statutory instrument;

This amendment revises the paragraph to omit unnecessary words. Under the definitions of Act and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.

in whole or part

This amendment removes unnecessary words.

(2) If an Act or statutory instrument gives power to make an instrument that would be a registrable instrument, the power can only be exercised by making an instrument.

See examples to section 56 (3) and section 255 (3).

This amendment provides that power to make an instrument that would be a registrable instrument (eg a disallowable instrument) can only be exercised by making an instrument. The amendment removes any possibility that the safeguards attaching to these instruments (notification and, for disallowable instruments, presentation in the Legislative Assembly and possible disallowance or amendment) could be avoided by exercising the power orally rather than in writing. The amendment will remove the need to state in provisions giving power to make a registrable instrument that the power must be exercised in writing. For example, see the amendments of section 33 (1) and section 34 (2).

This amendment is consequential on the insertion of new section 42 (2) by another amendment.

(or for the purposes of)

This amendment omits words that are no longer necessary. For, in relation to an Act or statutory instrument, is defined in the dictionary, part 1 to include for the purposes of the Act or statutory instrument.

disallowable instrument, for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.

This amendment updates the definition to take account of the enactment of the Legislative Instruments Act 2003 (Cwlth).

law means—

(a) an Act, subordinate law or disallowable instrument; or

(b) a Commonwealth Act or a disallowable instrument under a Commonwealth Act (or a provision of such an Act or instrument).

This amendment is consequential on the revised definition of disallowable instrument substituted by another amendment. The amendment also revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law and disallowable instrument in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

ACT law means an Act, subordinate law or disallowable instrument.

Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).

The amendment revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law and disallowable instrument in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

disallowable instrument, for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.

This amendment updates the definition to take account of the enactment of the Legislative Instruments Act 2003 (Cwlth).

(a) a Commonwealth Act or a disallowable instrument under a Commonwealth Act; or

This amendment is consequential on the revised definition of disallowable instrument substituted by another amendment.

available for inspection

(on the internet or otherwise)

This amendment makes it clear that it is sufficient for this section if the map, plan or register is available for inspection on the internet and does not need to be physically available for inspection.

(1) This section applies if an Act (the authorising law) authorises fees to be determined for an Act or statutory instrument (the relevant law).

This amendment makes it clear that an Act can authorise fees to be determined for a number of laws (see also Legislation Act, section 49 (Single instrument may exercise several powers or satisfy several requirements) and section 145 (Gender and number)).

The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval. However, the Act, section 79 (1) provides:

(1) The Minister may determine fees for this Act.

Because section 79 (1) permits a fee to be determined ‘for this Act’, this Act, section 56 applies in relation to section 15 and the Minister may, in writing, determine an application fee for the approval.

Note 1 The determination must be in writing (see s 42 (2)).

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 s 126 and s 132).

This amendment is consequential on the insertion of a new section 42 (2) by another amendment.

specifying

stating

This amendment updates language.

specified

stated

This amendment updates language.

specifying

stating

This amendment updates language.

(in whole or part)

(completely or partly)

This amendment updates language.

1 a provision that a levy is payable within 30 days after the day goods are sold

This amendment brings the language of the example into line with current drafting practice.

(in whole or part)

(completely or partly)

This amendment updates language.

could

may

This amendment makes the language of the example consistent with example 1.

the maker of, or the appropriate person for,

an authorised person for making a notification request for

This amendment simplifies the subsections by substituting a single self-explanatory concept for the people who can request notification of the making of a registrable instrument. The amendment also recognises that, under the replacement of section 61 (12) by another amendment, usually a notification request can be made by 1 of a number of people.

the maker of, or appropriate person for,

an authorised person for making a notification request for

This amendment is consequential on the amendment of section 61 (1).

(10) The notification of a registrable instrument is valid even if—

(a) a prescribed requirement was not complied with; or

(b) the notification was made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument.

This amendment ensures the legal effectiveness of the notification of a registrable instrument made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument. Once a registrable instrument is notified it will not matter that there may have been, for example, a defect in a delegation relied on to make the notification request. The amendment will remove any need for people seeking to rely on a notified registrable instrument to check the validity of a delegation used in making the notification request. The amendment complements the judicial notice provision about notification made by the Legislation Act, section 26 (1) (b) and section 242 (Delegation not affected by defect etc).

(12) In this section:

authorised person, for making a notification request for a registrable instrument, means—

(a) the maker of the instrument; or

(b) for a registrable instrument made by the Executive—a Minister or chief executive; or

(c) for a registrable instrument made by a Minister—a chief executive; or

(d) for a registrable instrument made by the rule-making committee—

(i) the secretary of the committee; or

(ii) the registrar of a court or tribunal in relation to which the instrument applies; or

(e) for any other registrable instrument made by a court or tribunal, or by a member (however described) of a court or tribunal—the registrar of the court or tribunal; or

(f) for any other registrable instrument (other than an instrument prescribed by regulation for this paragraph)—a chief executive; or

(g) for a registrable instrument prescribed by regulation for this paragraph—a person prescribed by regulation as an authorised person for making a notification request for the instrument.

rule-making committee means the rule-making committee established under the Court Procedures Act 2004.

This amendment simplifies existing section 61 by including the maker of a registrable instrument within the definition of authorised person for making a notification request for the instrument. It also broadens, in a number of respects, the people who (apart from the maker) can request the notification of registrable instruments.

First, the definition of authorised person, paragraph (b) will allow any Minister or chief executive to request the notification of a registrable instrument made by the Executive. Under the existing definition of appropriate person a notification request for an Executive instrument can only be made by a Minister. However, in practice registrable instruments made by the Executive are notified under a delegation made by a Minister (usually the Chief Minister) to a chief executive (usually the Chief Executive, Chief Minister’s Department) and a subdelegation made by the chief executive to the public servants who in fact make the notification requests. Paragraph (b) will allow this process to be simplified.

Second, the definition of authorised person, paragraph (c) will allow any chief executive to request the notification of a registrable instrument made by a Minister. Under the Legislation Regulation 2003, section 11 a notification request for a Ministerial instrument can only be made by the chief executive of the administrative unit responsible for the provision under which the instrument is made. In practice this has been unnecessarily restrictive. For example, it can be more convenient for concurrent notification requests to be made for a Ministerial instrument (eg a disallowable instrument or commencement notice) that is made as part of a package with an Executive instrument (eg a regulation). At present this can only be achieved through delegations between administrative units.

Third, the definition of authorised person, paragraph (d) will allow notification requests for registrable instruments made by the rule-making committee under the Court Procedures Act 2004 to be made by the secretary of the committee or the registrar of a court or tribunal in relation to which the instrument applies. This will remove the need for the Chief Justice to appoint people for making notification requests. The amendment inserts a definition of rule-making committee for the paragraph.

Fourth, the definition of authorised person, paragraph (e) will allow notification requests for any other registrable instruments made by a court or tribunal (or a member of the court or tribunal) to be made by the registrar of the court or tribunal.

Fifth, the definition of authorised person, paragraphs (f) and (g) will allow a notification request for any other registrable instrument to be made by any chief executive or someone prescribed by regulation. Under the Legislation Regulation 2003, section 11 such a notification request can only be made by the chief executive of the administrative unit responsible for the provision under which the instrument is made. In practice this has been unnecessarily restrictive.

Although the amendment broadens the people who can request the notification of registrable instruments, it does not affect the power to make registrable instruments (nor the people who can make registrable instruments).

under

in accordance with

This amendment tightens language.

(a) on the day after the day the disallowance is notified; or

This amendment brings the default repeal commencement provision for disallowances of subordinate laws or disallowable instruments arising from Legislative Assembly resolutions into line with the default commencement provision for Acts and registrable instruments under the Legislation Act, section 73.

after the disallowance

after the day of the disallowance

This amendment expressly provides that, in working out the period within which a law the same in substance as a disallowed law must not be made, the day of the disallowance is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).

(a) on the day after the day the amendment is notified; or

This amendment brings the default commencement provision for amendments of subordinate laws or disallowable instruments arising from Legislative Assembly resolutions into line with the default commencement provision for Acts and registrable instruments under the Legislation Act, section 73.

after the making of the amendment

after the day the amendment is made

This amendment expressly provides that, in working out the period within which a law the same in substance as a subordinate law or disallowable instrument amended by resolution of the Legislative Assembly must not be made, the day the amendment is made is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).

after the instrument

after the day the instrument

This amendment clarifies how to work out a period required for the application of this section. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).

after the notice

after the day the notice

This amendment clarifies how to work out a period required for the application of this section. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).

law means 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).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.

2 A disallowable instrument may provide that it commences on the commencement of a stated law or a stated provision of a stated law.

This amendment amends the example to reflect current drafting practice and brings the example into line with the Legislation Act, section 79A (3).

may not

cannot

This amendment tightens language.

law means an Act, subordinate law, disallowable instrument or notifiable instrument.

Note A reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8, s 9 and s 10).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law, disallowable instrument and notifiable instrument in sections 7 to 10, a reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

the notification day

its notification day

This amendment tightens language.

1 power to delegate a function

2 power to give or issue an approval, consent, licence, permit or other authority (however described)

3 power to make an acting appointment

4 power to issue guidelines

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).

This amendment includes examples of powers to which section 81 applies. The examples are largely drawn from section 94 (Continuance of appointments etc made under amended provisions).

law means 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).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.

begun

started

This amendment updates language.

law means an Act or subordinate law.

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 8).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act and subordinate law in sections 7 and 8, a reference to an Act or subordinate law includes a reference to a provision of the Act or law. The amendment also inserts a note to this effect.

otherwise

This amendment omits an unnecessary word.

(1A) Subsection (1) does not apply to a declaration or validation that is made by a law modifying another law.

This amendment makes it clear that the effect of a modification ends when the modification ends and is not saved by section 88 (1).

This amendment is consequential on the insertion of new section 88 (1A) by another amendment.

(b) a preamble or recital (however described);

This amendment expands the paragraph to include recitals (which are sometimes used in statutory instruments) in the definition of amending law.

Note A note itself is not part of an Act or statutory instrument (see s 127).

This amendment includes a note drawing attention to the legal status of notes.

12 April 2002.

The Act is automatically repealed under section 89 on the day after all of its provisions have commenced, 13 April 2002.

This amendment adds material to the example to explain when the Act given in the example is automatically repealed.

subsection (1).

It is, therefore, not automatically repealed under section 89.

This amendment adds material to the example to state expressly that the Act given in the example is not automatically repealed under section 89.

(8) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.

This amendment remakes subsection (8) so that it is expressed to apply to a law that is divided otherwise than into sections. Existing subsection (8) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of law in section 82 (and the definitions of Act and statutory instrument in sections 7 and 13), the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).

and twice in section 20 (3)

, twice in section 20 (3), once in an example to section 20 (4) and twice in a note to section 20 (5)

This amendment amends an example to expressly cover notes and examples.

(10) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.

This amendment remakes subsection (10) so that it is expressed to apply to a law that is divided otherwise than into sections. Existing subsection (10) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of law in section 82 (and the definitions of Act and statutory instrument in sections 7 and 13), the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).

made to

, or in relation to,

This amendment recognises that the operation of a relocated provision may be affected by changes made to other provisions of the law to which the provision is relocated and by existing provisions of that law.

(1) In this chapter:

ACT law means 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).

law means an ACT law or a law of another jurisdiction.

law of another jurisdiction means an Act or statutory instrument of another jurisdiction, and includes a provision of an Act or statutory instrument of another jurisdiction.

Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2).

(2) In this section:

Act, in relation to another Territory, includes ordinance.

statutory instrument, of another jurisdiction, means an instrument (whether or not legislative in nature) made under—

(a) an Act of the other jurisdiction; or

(b) another statutory instrument of the other jurisdiction; or

(c) power given by an Act or statutory instrument of the other jurisdiction and also power given otherwise by law.

In an ACT law, a reference in general terms to an ACT law of the same kind includes a reference to the law itself.

The ABC Act 2001, section 27 gives a power to confiscate property under certain circumstances. Section 93 of the same Act provides ‘If an Act authorises the confiscation of property, the owner of the property has a right of appeal to the Magistrates Court.’ The right of appeal under section 93 also applies to the power given by section 27 because the reference to ‘an Act’ in section 93 includes a reference to the ABC Act 2001.

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).

In a statutory instrument, a reference to Act or the Act, without mentioning a particular Act, is a reference to the Act under which the instrument is made or in force.

(1) An Act may be referred to by—

(a) the name the Act gives to itself; or

(b) the year it was passed and its number, together with a reference (if necessary) to indicate that it is an Act.

An Act may be referred to using the word Act or the letter ‘A’ (eg ‘A1993-1’ is a reference to Act No 1 of 1993).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

(2) A statutory instrument may be referred to by—

(a) any name the instrument gives to itself; or

(b) if the instrument was notified in the register or gazette and was numbered under this Act or another territory law—the year it was notified and its number, together with a reference (if necessary) to the kind of instrument; or

(c) if the instrument was not notified but was numbered under a territory law—the year it was made and its number, together with a reference (if necessary) to the kind of instrument; or

(d) if the instrument was notified in the gazette before the commencement of this Act—the number, date and page of the gazette where it was notified; or

(e) the date it was made, together with a reference to the Act or statutory instrument under which it was made.

1 A subordinate law may be referred to using the letters ‘SL’ (eg ‘SL2000-11’ is a reference to subordinate law No 11 of 2000).

2 A disallowable instrument may be referred to using the letters ‘DI’ (eg ‘DI1997-101’ is a reference to disallowable instrument No 101 of 1997).

3 A notifiable instrument that is not an approved form may be referred to using the letters ‘NI’ (eg ‘NI2002-226’ is a reference to notifiable instrument No 226 of 2002).

4 An approved form may be referred to using the letters ‘AF’ (eg ‘AF2003-1’ is a reference to approved form No 1 of 2003).

5 A commencement notice may be referred to using the letters ‘CN’ (eg ‘CN2002-3’ is a reference to commencement notice No 3 of 2002).

(1) In an ACT law, a law of another jurisdiction (the relevant law) may be referred to—

(a) by the name the relevant law gives to itself; or

(b) in any other way sufficient in a law of the other jurisdiction for referring to the relevant law; or

(c) in any way that, under current legislative drafting practice, would be sufficient for referring to the relevant law if it were an ACT law;

together with a reference to the jurisdiction (or an abbreviation of the jurisdiction).

(2) In an ACT law, a provision of a law of another jurisdiction may be referred to—

(a) in a way sufficient in a law of the other jurisdiction for referring to the provision; or

(b) in any way that, under current legislative drafting practice, would be sufficient for referring to the provision if it were a provision of an ACT law.

(3) Subsection (2) does not limit any other provision of this chapter.

(1) In an ACT law, a reference to a law includes a reference to the following:

(a) the law as originally made, and as amended from time to time since it was originally made;

(b) if the law has been repealed and remade (with or without changes) since the reference was made—the law as remade (or last remade), and as amended from time to time since it was remade (or last remade);

(c) if a relevant provision of the law has been omitted and remade (with or without changes) in another law since the reference was made—the law in which the provision was remade (or last remade), as in force when the provision was remade (or last remade), and as amended from time to time since the provision was remade (or last remade).

(2) In an ACT law, a reference to a provision of a law includes a reference to the following:

(a) the provision as originally made, and as amended from time to time since it was originally made;

(b) if the provision has been omitted and remade (with or without changes and whether in the law or another law) since the reference was made—the provision as remade (or last remade), and as amended from time to time since it was remade (or last remade).

(3) To remove any doubt, if the name of a law is amended, a reference in an ACT law to the law by its name before the amendment includes a reference to the law by its name as amended.

(4) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).

(5) In this section:

made includes enacted.

In an ACT law, a reference to a law as repealed is a reference to the law as in force immediately before it was repealed.

A reference to the ‘XYZ Act 2000 (repealed)’ is a reference to the XYZ Act 2000 immediately before it was repealed.

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).

(1) In an ACT law, a reference (either generally or specifically) to a law includes a reference to the statutory instruments made or in force under the law.

(2) In subsection (1), a reference to the statutory instruments made or in force under the law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law.

(3) This chapter applies to an instrument applied, adopted or incorporated under a law as if—

(a) the instrument were a law; and

(b) any other necessary changes were made.

(4) In this section:

statutory instrument, of another jurisdiction—see section 97 (2).

In an ACT law, a provision of a law may be referred to by reference to the provision of the law in which it is contained.

Paragraph (b) of subsection (2) of section 10 of an Act may be referred to by reference to the section, subsection and paragraph, that is, as section 10 (2) (b).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

In an ACT law, a reference to any part of a law is a reference to the following:

(a) the provision of the law that begins the part;

(b) the provision of the law that ends the part;

(c) any provision of the law between the beginning and end of the part.

1 A reference to ‘sections 5 to 9’ includes both section 5 and section 9.

2 A reference to ‘sections 260 to 264’ includes a provision such as a part heading between section 260 and section 261.

3 A reference to ‘from child to adult’ includes both the word ‘child’ and the word ‘adult’.

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).

(1) In an ACT law, a reference to a paragraph of a provision of a law includes any words in the provision before or after the paragraph that are necessary or desirable to make the reference meaningful.

A subsection may be divided into paragraphs as follows:

‘(2) An application must be—

(a) in writing; and

(b) accompanied by a copy of the advertisement of the applicant’s intention to apply.’

Paragraphs form part of the sentence in which they are contained. A reference to paragraph (a) in this example that did not include the preceding words ‘An application must be’ would be meaningless. Section 106A therefore allows the paragraph to be read with those words so that it makes sense.

Note 1 Although this section contains a reference to an ACT law and a reference to a law, s 98 makes it clear that the references can be to the same law.

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 s 126 and s 132).

(2) In this section:

paragraph includes a subparagraph and a sub-subparagraph.

This amendment remakes chapter 10 (Referring to laws) to simplify its provisions and reorganise them into a more logical arrangement. The simplification is achieved largely by the insertion of new definitions of ACT law, law and law of another jurisdiction for the chapter in new section 97.

The definition of ACT law includes all statutory instruments. At present a number of provisions of the chapter distinguish between subordinate laws and disallowable instruments and other statutory instruments (see eg existing section 97). There is no reason in principle why this distinction needs to be maintained as a general rule. There is in fact considerable advantage to users of ACT legislation in having the provisions of the chapter apply as consistently as possible to all statutory instruments.

The definitions of law and law of another jurisdiction are inserted to enable the provisions of the chapter to be simplified. The definition of law of another jurisdiction provides a definition for certain other jurisdictions equivalent to the definition of ACT law. The definition of statutory instrument in new section 97 (2) mirrors the existing definition of statutory instrument in the Legislation Act, section 13. Another jurisdiction is defined (in a definition being inserted in the dictionary, part 2 by another amendment) to include the Commonwealth, a State, another Territory, the United Kingdom and New Zealand. The application of the definition has the effect of extending the operation of the chapter to references to United Kingdom and New Zealand laws. Most, but not all, of the provisions of the chapter already operate in relation to references to laws of the Commonwealth, a State or a Territory. Presently only existing section 99 (Referring to particular Acts) and existing section 100 (Referring to statutory instruments) apply to United Kingdom laws. None of the provisions of the chapter presently apply to New Zealand laws even though New Zealand laws are occasionally referred to in ACT laws.

The new definitions are inserted at the beginning of the chapter as new section 97. The subsequent sections of new chapter 10 are organised as follows:

• new sections 98 to 100 deal with references to ACT laws only

• new section 101 deals with references to laws of other jurisdictions only

• new sections 102 to 104 deal with references to laws generally (ie ACT laws and laws of other jurisdictions)

• new sections 105 to 106A also apply to references to laws generally but focus on references to provisions of those laws.

The following table lists the provisions of existing chapter 10 and the corresponding provision of the new chapter.

Most provisions of existing chapter 10 have been consequentially amended and substantially simplified (eg by removing section definitions and redundant words) because of the new definitions.

In addition, the headings of a number of sections have been changed to more accurately indicate their scope and content. For example, the heading to existing sections 97, 99 and 105 have been changed to make it clear to the reader that the sections are only about ACT laws.

Additional changes made to particular sections are noted below.

New section 100 has been revised to bring the section more closely into line with the provisions of the Legislation Act about the numbering of Acts and registrable instruments (see section 27 and section 59). In particular, new section 100 (2) now deals separately with instruments that have been notified and numbered under a territory law and instruments that have not been notified but have been numbered under a territory law. For an instrument that is notified, the year of notification rather than the year of making is used in referring to the instrument (see Legislation Act, section 59 (1) and section 60 (1) (a)). The existing provision has been simplified by omitting subsection (1) (c) (iii). That provision is no longer necessary as all instruments notified in the register are numbered and so are covered by new section 100 (2) (b).

New section 101 is about referring to laws, and provisions of laws, of other jurisdictions. The section replaces in a simplified form the existing provisions of section 99 (2) to (4) and section 100 (2) to (4). Subsection (1) recognises that current ACT legislative drafting practice is used in referring to all laws (including laws of other jurisdictions). For example, ACT legislative styles in the use of italics in legislation names are used rather than any different style of another jurisdiction. Subsection (2) recognises that current ACT legislative drafting practice is used in referring to the provisions of all laws (including laws of other jurisdictions). For example, Commonwealth provisions are referred to using ACT legislative reference styles rather than Commonwealth styles eg ‘section 20 (1)’ rather than ‘subsection 20 (1)’.

Existing section 99 (2) to (4) covers references to Acts and ordinances of the Commonwealth, a State, another Territory and the United Kingdom. Existing section 100 (2) to (4) covers references to instruments of the Commonwealth, a State, another Territory and the United Kingdom. The amendment broadens the existing provisions to include references to laws of New Zealand.

New subsection (3) makes it clear that other provisions of the chapter apply to references to provisions of laws of other jurisdictions eg new section 102 (References to laws include references to laws as in force from time to time), new section 105 (Referring to provisions of laws), new section 106 (References to provisions of laws are inclusive) and new section 106A (References to paragraphs etc of laws).

New section 102 (1) and (2) has been revised to clarify its operation to laws and provisions that have been remade more than once. In this case, a reference to the law or provision includes a reference to the law or provision as last remade, and as amended from time to time since then.

New section 102 (3)—under existing section 103, if the name of a law is amended, a reference to the name includes a reference to the name as amended. It is likely that this is already covered under the terms of existing (and proposed replacement) section 102 (1) (a). However, to remove any doubt the provision is included expressly as new section 102 (3).

New section 104 (3) has been included to apply the provisions of the chapter to instruments applied, adopted or incorporated under laws. The subsection will, for example, ensure that new section 106 (References to provisions of laws are inclusive) applies to a reference to a part of an applied instrument. This result is achieved in existing chapter 10 by the definitions of instrument contained in most of the sections of the chapter (see eg section 101A (2)).

New section 106A extends the operation of existing section 101B to references to a paragraph of a law of another jurisdiction. The amendment brings the section into line with other provisions of the chapter that already apply to references to provisions of laws of other jurisdictions eg existing section 101 (Referring to provisions of laws or instruments) and existing section 101A (Reference to provisions of law or instrument is inclusive).

Existing section 98 is not reproduced in new chapter 10. This is because the existing section does not add anything that is not already covered in the Act as amended so separate provision for it is not necessary. For example, existing section 98 (1) states that an Act may be referred to by the word ‘Act’ alone. However, the combined effect of the definition of the term Act in section 7 and the provisions of new sections 98 and 100 (1) now cover this point. Similarly, the combined effect of the definition of statutory instrument in section 13 and the provisions of new sections 98 and 100 (2) cover what existing section 98 (2) provides. In addition, under the Legislation Act, section 122 (1) (b) a reference to anything by name or description is a reference to the thing of that name or description in or for the Territory (unless the provision is displaced). A reference to an ‘Act’ or ‘statutory instrument’ without more is, therefore, a reference to an ‘ACT Act’ or ‘ACT 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).

This amendment inserts a new note for consistency with other amendments.

This amendment is consequential on the amendments of section 116.

This amendment is consequential on the omission of section 111 (3) by another amendment.

(o) is consequential on any amendment made to the law by another law; or

The effect of this amendment is to relocate the power to make editorial amendments consequential on substantive amendments made by laws from part 11.2 (Substantive amendments made by laws) to part 11.3 (Editorial changes). This power is more appropriately located in part 11.3. In part 11.3 the following provisions will apply to consequential amendments made under the relocated power:

• section 115 (Amendments not to change effect)

• section 117 (Legal effect of editorial changes)

• section 118 (Reference to editorial amendments).

Examples of the kinds of amendments that could be made under the power are inserted by another amendment of section 116.

This amendment is consequential on the insertion of new section 116 (1) (o) by another amendment.

1 If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted.

2 If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted.

3 If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3).

4 If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6).

5 If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c).

6 If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d).

7 If an amendment makes a change mentioned in any of examples 1 to 6, a cross-reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered.

8 If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg ‘and’), the conjunction may be added after the semicolon.

9 If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted.

10 If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered.

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).

This amendment includes examples of some of the more common consequential editorial amendments that are authorised by new section 116 (1) (o), which is inserted by another amendment.

(2) In this section:

law includes a law of another jurisdiction.

law of another jurisdiction—see section 97 (1).

This amendment remakes the existing definition of law using the term ‘another jurisdiction’. A definition of that term is inserted in the dictionary, part 2 by another amendment. The amendment also inserts a definition of law of another jurisdiction to clarify the meaning of that term.

law means an Act, subordinate law or disallowable instrument.

Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law and disallowable instrument in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

(8) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or 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).

This amendment remakes subsection (8) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (8) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).

(6) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or 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).

This amendment remakes subsection (6) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (6) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).

This amendment omits an unnecessary provision as the provisions to which this section would apply are now all called sections or subsections.

This amendment is consequential on the omission of section 134 (7) by another amendment.

This amendment omits an unnecessary provision as the provisions to which this section would apply are now all called sections or subsections.

This amendment is consequential on the omission of section 135 (6) by another amendment.

body

entity

This amendment updates language. Entity is defined in the Legislation Act, dictionary, part 1.

applicable law means an Act enacted, or statutory instrument made, after the application date.

applicable provision means a provision inserted after the application date into an Act or statutory instrument that is not an applicable law.

application date means—

(a) for an Act, subordinate law or disallowable instrument—1 January 2000; and

(b) for any other statutory instrument—1 January 2006.

This amendment has the effect of extending the operation of section 146 (3), from 1 January 2006, to statutory instruments that are not subordinate laws or disallowable instruments. Section 146 (3) has applied to Acts, subordinate laws and disallowable instruments since 1 January 2000.

As a result of section 146 (3), section 146 (which deals with the meaning of may and must) is a determinative provision in relation to laws and provisions to which section 146 (3) applies (but not other laws or provisions). Determinative provisions may only be displaced expressly or by a manifest contrary intention (see Legislation Act, section 6).

3 In part 6 of an Act (which is headed ‘Part 6 Complaints’), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words ‘In this part:’. However, the dictionary to the Act contains the following definition:

a—see section 50.

The definition of a applies to the entire Act (compare s (2) eg 2).

This amendment inserts a new example to clarify the application of definitions in dictionaries. The example is consistent with current drafting practice.

2 In part 6 of an Act (which is headed ‘Part 6 Complaints’), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words ‘In this part:’. However, the dictionary to the Act contains the following definition:

a, for part 6 (Complaints)—see section 50.

The definition of a applies to all of part 6, but not to provisions of the Act outside part 6 (compare s (1) eg 3).

This amendment revises an example to clarify the application of definitions that are not in dictionaries. The revised example complements section 156 (1), new example 3 and is consistent with current drafting practice.

(4) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section is a reference to a corresponding provision of the Act or 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).

This amendment remakes subsection (4) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (4) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).

law means an Act, subordinate law or disallowable instrument.

Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law and disallowable instrument in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

law means 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).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.

(1) If a law changes the name of an entity established under a law, the entity continues in existence under the new name and its identity is not affected by the change.

(2) If the name of an entity is changed, a reference in a law to the entity by its previous name is taken, after the change, to be a reference to the entity by its new name.

(3) To remove any doubt, subsection (2) applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction.

Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2).

Existing section 183 deals with the effect of a change of the name on the status of an entity established under an ACT law. The section also deals with the operation of references in ACT laws to the entity by its previous name. The amendment remakes the section to deal with the operation of references in ACT laws to an entity that is not established under ACT law. The remade section will, for example, deal with references in ACT laws to an entity established under a Commonwealth law by a previous name.

(1) In a law, a reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise.

(2) To remove any doubt, this section applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction.

This amendment inserts a new section to make it clear that a reference in an ACT law to an entity established otherwise than under ACT law includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise. The Legislation Act, section 239 (2) already deals with delegates and subdelegates of entities established under ACT law. The amendment complements the amendments of section 185.

In

(1) In

This amendment is consequential on the insertion of new section 185 (2) by another amendment.

(2) To remove any doubt, this section applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction.

This amendment makes it clear that section 185 (which is about the meaning of references to the occupant of a position) applies to all positions and not just positions established under ACT law. Although section 185 is presently expressed in sufficiently general terms to cover all positions, it is arguable that, because of the Legislation Act, section 122 (1) (b), the section only applies to positions in or for the Territory. On this basis, the section may not, for example, presently apply to references in ACT law to positions established under Commonwealth law eg the commissioner of police or chief police officer. The amendment will remove any doubt that the section applies to all references in ACT law to the occupants of positions, whether or not the positions are established under ACT law.

(1) If a law changes the name of a position established under a law, the position continues in existence under the new name and its identity is not affected by the change.

(2) If the name of a position is changed, a reference in a law to the position by its previous name is taken, after the change, to be a reference to the position by its new name.

(3) To remove any doubt, subsection (2) applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction.

Existing section 186 deals with the effect of a change of the name on the status of a position established under an ACT law. The section also deals with the operation of references in ACT laws to the position by its previous name. The amendment remakes the section to deal with the operation of references in ACT laws to a position that is not established under ACT law. The remade section will, for example, deal with references in ACT laws to a position established under a Commonwealth law by a previous name.

(1) If a law establishes a position of chair or chairperson of an entity, the chair or chairperson may be referred to as chairman, chairwoman, chairperson or chair.

(2) If a law establishes a position of deputy chair or deputy chairperson of an entity, the deputy chair or deputy chairperson may be referred to as deputy chairman, deputy chairwoman, deputy chairperson or deputy chair.

This amendment updates the provision to allow for laws that establish a position of ‘chair’ or ‘deputy chair’.

In this chapter:

ACT law means an Act or subordinate law.

Note A reference to an Act or subordinate law includes a reference to a provision of the Act or law (see s 7 and s 8).

This amendment changes the defined term from territory law to ACT law for consistency with the equivalent defined term proposed for chapter 10 by another amendment. The replacement definition has been simplified by omitting unnecessary words.

a territory law

an ACT law

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

the territory law

the ACT law

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

a law

an ACT law

This amendment ensures that the definition of ACT law proposed for section 188 applies to the paragraph.

territory laws

ACT laws

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

a territory law

an ACT law

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

the territory law

the ACT law

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

This amendment omits a subsection that contains a definition made redundant by the definition of another jurisdiction inserted into the dictionary, part 2 by another amendment.

a territory law

an ACT law

This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law.

a law

an ACT law

This amendment ensures that the definition of ACT law proposed for section 188 applies to the paragraph.

law means an Act, subordinate law or disallowable instrument.

Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).

This amendment revises the definition to omit unnecessary words. Under the definitions of Act, subordinate law and disallowable instrument in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.

42 (2)

42 (3)

This amendment is consequential on the renumbering of section 42 (2) and (3) by another amendment.

(2) The power to suspend the appointee, end the appointment or reappoint the appointee is exercisable in the same way, and subject to the same conditions, as the power to make the appointment.

If the appointment power is exercisable only on the recommendation of a body, the power to suspend, end the appointment or reappoint is exercisable only on the recommendation of the body.

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).

Section 208 provides that the power to appoint a person includes the power to suspend the person, end the person’s appointment or reappoint the person. It also provides that the power to suspend or end the appointment is exercisable in the same way and subject to the same conditions as the power to make the appointment. This amendment will extend the section so that the power to reappoint a person will also be exercisable in the same way and subject to the same conditions as the power to make the appointment. The example is consequentially updated.

This amendment revises the section heading to more clearly reflect the scope of the section.

(1)

This amendment is consequential on the omission of section 230 (2) by another amendment.

This amendment omits a subsection that is no longer necessary because of the express way in which delegations (and subdelegations) are created in ACT law. The omission of the subsection will remove any argument that the subsection itself creates a delegation power.

in whole or part

completely or partly

This amendment updates language.

This amendment updates language.

(1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law) authorises or requires a form to be approved or prescribed under an Act or statutory instrument (the relevant law).

Note See also s 46 (3), which deals with the repeal and replacement of forms that are registrable instruments and prevents their amendment.

This amendment extends the operation of the section to cases where a subordinate law or disallowable instrument authorises or requires a form to be approved or prescribed.

The X Act, section 23 provides for a person to apply for registration but makes no mention of a form for the application. However, the Act, section 80 (1) provides:

(1) The Minister may approve forms for this Act.

Because section 80 (1) permits a form to be approved ‘for this Act’, this Act, section 255 applies in relation to section 23 and the Minister may, in writing, approve a form for the application.

Note 1 The approval must be in writing (see s 42 (2)).

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 s 126 and s 132).

This amendment is consequential on the insertion of a new section 42 (2) by another amendment.

a law requires the person

the person is required under a law

This amendment widens the language of the provision so that it applies to a requirement made under a law as well as a requirement made by the law (see Legislation Act, dictionary, part 1, definition of under).

Note See also s 102 (References to laws include references to laws as in force from time to time) and s 104 (References to laws include references to instruments under laws).

This amendment is consequential on the amendment of the section heading to section 102 by another amendment.

alter; and

alter.

This amendment is consequential on the next amendment.

This amendment omits a paragraph of the definition of amend that only applies within the Legislation Act. The paragraph is remade as a definition in the dictionary, part 2 by another amendment. The dictionary, part 2 defines terms that apply only to the Legislation Act.

auditor-general means the Auditor-General for the Territory under the Auditor-General Act 1996.

This amendment remakes the definition in accordance with current drafting practice.

Australian statistician means the Australian Statistician under the Australian Bureau of Statistics Act 1975 (Cwlth).

This amendment inserts a new definition that will apply across the ACT statute book.

by regulation includes under a regulation.

This amendment defines by in relation to a regulation to include under a regulation. Current drafting practice is to use the expression ‘prescribed by regulation’ instead of ‘prescribed under the regulations’. The amendment ensures that the expression keeps the wider meaning provided by the definition of under in the dictionary, part 1.

by-law, in relation to an Act, means a by-law made or in force under the Act.

This amendment changes the defined term to the singular consistent with the amendment of the definition of the term regulations by another amendment.

chief planning executive means the Chief Planning Executive under the Planning and Land Act 2002.

This amendment remakes the definition in accordance with current drafting practice.

This amendment is consequential on the remaking of chapter 10 (Referring to laws) by another amendment.

commissioner for fair trading means the Commissioner for Fair Trading of the Australian Capital Territory under the Fair Trading (Consumer Affairs) Act 1973.

This amendment remakes the definition in accordance with current drafting practice.

Commonwealth DPP means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 (Cwlth).

This amendment inserts a new definition that will apply across the ACT statute book.

construction occupations registrar means the Australian Capital Territory Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004.

This amendment remakes the definition in accordance with current drafting practice.

credit tribunal means the Australian Capital Territory Credit Tribunal established under the Consumer Credit (Administration) Act 1996.

This amendment remakes the definition in accordance with current drafting practice.

Deputy Speaker means the Deputy Presiding Officer of the Legislative Assembly.

Note The Deputy Presiding Officer is elected under the Self-Government Act, s 21 (2).

This amendment inserts a new definition that will apply across the ACT statute book.

This amendment omits a redundant definition.

land development agency means the Land Development Agency established under the Planning and Land Act 2002.

This amendment remakes the definition in accordance with current drafting practice.

occupy a position includes hold the position, act in the position or exercise functions of the position (including under a delegation or subdelegation).

This amendment remakes the definition to make it clear that occupying a position includes acting in the position under an acting appointment or standing acting arrangement and exercising functions of the position under a delegation or subdelegation. The amendment makes explicit the position that is currently implicit in a number of provisions of the Legislation Act (see section 220 (b), section 225B (2) and section 239 (2)).

office of fair trading means the Office of Fair Trading of the Australian Capital Territory established under the Fair Trading (Consumer Affairs) Act 1973.

This amendment remakes the definition in accordance with current drafting practice.

planning and land authority means the Planning and Land Authority established under the Planning and Land Act 2002.

This amendment remakes the definition in accordance with current drafting practice.

planning and land council means the Planning and Land Council established under the Planning and Land Act 2002.

This amendment remakes the definition in accordance with current drafting practice.

under regulations

by regulation

This amendment is consequential on the change mentioned under the definition of regulations and brings the definition into line with current drafting practice.

public health officer means a public health officer under the Public Health Act 1997.

This amendment remakes the definition in accordance with current drafting practice.

regulation, in relation to an Act, means a regulation made or in force under the Act.

This amendment changes the defined term to the singular to reflect the recent name change of ACT regulations to the singular ‘Regulation’ rather than the plural ‘Regulations’.

cancel it; and

cancel it.

This amendment is consequential on the next amendment.

This amendment omits a paragraph of the definition of repeal that only applies within the Legislation Act. The paragraph is remade as a definition in the dictionary, part 2 by another amendment. The dictionary, part 2 defines terms that apply only to the Legislation Act.

person or body

entity

This amendment updates language. Entity is defined in the dictionary, part 1.

transitional includes application and saving.

This amendment remakes the definition to expressly include ‘application’. Transitional provisions frequently deal with the application of new laws and provisions as well as the saving of old laws and provisions.

or a provision of an Act or statutory instrument

This amendment omits unnecessary words. Under the definitions of Act and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or 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).

This amendment includes a note consequential on the amendment of the definition of under by another amendment.

ACT law—

(a) for chapter 10 (Referring to laws)—see section 97 (1); and

(b) for chapter 18 (Offences)—see section 188.

This amendment inserts new signpost definitions in accordance with current drafting practice.

amend, for chapter 9 (Repeal and amendment of laws)—see section 82.

This amendment inserts a definition of amend for chapter 9. The material covered by the definition is currently in a definition in the dictionary, part 1 and is omitted from that definition by another amendment.

another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand.

This amendment inserts a new definition to enable the provisions of the Act to be simplified.

(ca) for chapter 10 (Referring to laws)—see section 97 (1); and

This amendment is consequential on the insertion of a new definition of law for chapter 10 by another amendment.

section 185

section 182

This amendment corrects a cross-reference.

This amendment is consequential on the insertion of new paragraph (ca) by another amendment.

law of another jurisdiction, for chapter 10 (Referring to laws)—see section 97 (1).

This amendment is consequential on the insertion of a new definition of law of another jurisdiction for chapter 10 by another amendment.

This amendment relocates the definition to section 116 (2) because the term is used only in that section.

repeal, for chapter 9 (Repeal and amendment of laws)—see section 82.

This amendment inserts a definition of repeal for chapter 9. The material covered by the definition is currently in a definition in the dictionary, part 1 and is omitted from that definition by another amendment.

This amendment relocates the definition to the dictionary, part 1 as it is appropriate to apply this definition across the ACT statute book.

(d) whether the person is making the request as an authorised person for making the request or a delegate.

This amendment is consequential on amendments of the Legislation Act, section 61.

(d) whether the person is making the request as an authorised person for making the request or a delegate.

This amendment is consequential on amendments of the Legislation Act, section 61.

(d) whether the person is making the request as an authorised person for making the request or a delegate.

This amendment is consequential on amendments of the Legislation Act, section 61.

This amendment omits a section made redundant by the remaking of the Legislation Act, section 61 (12).

authorised person, for making a notification request—see the Act, section 61 (12).

This amendment is consequential on amendments of the Legislation Act, section 61.

(6) Subsections (4) and (5) apply whether or not anyone has been convicted of an offence against subsection (1).

This amendment corrects a cross-reference and is made to confirm an editorial correction made under the Legislation Act, section 114.

1 finance broker

2 financial adviser

3 financier

4 property valuer

5 lawyer

6 real estate agent

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).

This amendment removes ‘seller’ as an example for section 81 (c). The seller is expressly excluded from the paragraph.

the agent’s audit period

an audit period of the agent

Section 113 (1) provides that the commissioner for fair trading may fix a period as an agent’s audit period. Section 113 (2) provides that, if no period is fixed, the audit period is each financial year. This amendment makes it clear that the audit requirements under section 115 apply whether or not an audit period is fixed under section 113 (1).

, by written notice

(2) The commissioner for fair trading may

This amendment corrects a typographical error and is made to confirm an editorial correction made under the Legislation Act, section 114.

trustee)—

trustee), the commissioner must

This amendment corrects a typographical error.

—decide that the applicant is not entitled to any amount.

, the commissioner must reject the application.

This amendment corrects a minor drafting error.

This amendment omits an unnecessary definition of claim period. The period for making a claim is set out in section 151 (3).

(b) the making of an objection to the issue of a licence or the granting of registration;

This amendment brings the reference in the paragraph to registration into line with similar references to registration elsewhere in the Act.

(4) Subsection (3) and this subsection expire on 1 November 2007.

This amendment expires section 8A (3). The sections to which section 8A (3) apply all expire by 1 November 2007.

property manager means—

(a) for part 8.2 (General rules applying to all licensees and registered salespeople)—a person employed by an agent in relation to the management of property to which division 8.3.3 or division 8.4.2 applies; and

(b) for division 8.3.3 (Property management—real estate agents)—a person employed by an agent in relation to the management of property to which the division applies; and

(c) for division 8.4.2 (Property management—stock and station agents)—a person employed by an agent in relation to the management of property to which the division applies.

This amendment corrects the references to ‘this part’ in paragraphs (b) and (c) of the definition to ‘this division’.

This amendment revises the heading to more accurately reflect the division’s application.

This amendment revises the heading to more accurately reflect the division’s application.

(1) Section 129 to section 140 are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(2) This part expires on the day this section commences.

This amendment expires a transitional part. The amendment makes it clear that the effect of the provisions is saved under the Legislation Act, section 88.

the Magistrates Court Act 1930, section 42 (1)

the Magistrates Court Act 1930, section 42 (2) (Issue of warrant and summons)

This amendment is consequential on the amendment of the Magistrates Court Act 1930, section 42 by another amendment.

This Act is the Births, Deaths and Marriages Registration Act 1997.

This amendment brings the naming section into line with current drafting practice.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘sexual reassignment surgery—see section 23.’ means that the term ‘sexual reassignment surgery’ is defined in that section.

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)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

In this Act:

adult means a person who—

(a) is at least 18 years old; or

(b) is under 18 years old, but is or has been married.

child means a person other than an adult, and includes a stillborn child.

This amendment adds standard dictionary and notes provisions. The definitions in existing section 4 that are still needed (other than the definitions of adult and child) are included in the new dictionary which is inserted by another amendment. The definitions of adult and child are defined in a separate section because they are important terms for the Act.

(2) The birth of a child may be registered under this Act if the child—

(a) is born outside Australia; and

(b) is to become a resident of the ACT.

This amendment brings the structure of the subsection into line with current drafting practice.

(2) However, the registrar-general may accept a birth registration statement—

(a) that is signed by only 1 of the parents, if satisfied that it is not practicable to obtain the signature of the other parent; or

(b) that does not set out particulars required under subsection (1), if satisfied that it is not practicable to obtain the missing particulars.

(2A) If the registrar-general accepts a birth registration statement for a child under subsection (2), a person’s obligation to have the child’s birth registered under this Act is taken to be discharged.

This amendment brings the language and structure of the subsection into line with current drafting practice.

This amendment is consequential on the insertion of new section 9 (2A) by another amendment.

subsection (2) and

This amendment updates the subsection consequentially on the remaking of section 11 (2) by the next amendment.

(2) However, if not all the prescribed particulars are available to the registrar-general, the registrar-general may register a birth by including in the entry the prescribed particulars that are available to the registrar-general.

This amendment brings the language of the subsection into line with current drafting practice.

(2) An application to the registrar-general for the addition of registrable information in the register must—

(a) be made in writing; and

(b) include the information required by the registrar-general; and

(c) if the registrar-general requires verification of the information in the application—be accompanied by a statutory declaration verifying the information and any other evidence that the registrar-general requires.

This amendment brings the structure of the subsection into line with current drafting practice.

A person who is an adult may apply to the registrar-general for registration of a change of the person’s name if—

(a) the person is domiciled or resident in the ACT; or

(b) the person’s birth is registered in the ACT.

Note 1 If a form is approved under s 69 for an application, the form must be used.

Note 2 A fee may be determined under s 67 for this section.

This amendment brings the structure of the subsection into line with current drafting practice.

(1) The parents of a child may apply to the registrar-general for registration of a change of the child’s name if—

(a) the child is domiciled or resident in the ACT; or

(b) the child’s birth is registered in the ACT.

Note 1 If a form is approved under s 69 for an application, the form must be used.

Note 2 A fee may be determined under s 67 for this section.