2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Emergencies Act 2004 4

Part 2.1 Legislation Act 2001 5

Part 2.2 Legislation Regulation 2003 16

Part 3.1 Births, Deaths and Marriages Registration Act 1997 19

Part 3.2 Business Names Act 1963 19

Part 3.3 Canberra Institute of Technology Act 1987 20

Part 3.4 Children and Young People Act 1999 22

Part 3.5 Civil Law (Sale of Residential Property) Regulation 2004 23

Part 3.6 Coroners Act 1997 24

Part 3.7 Court Procedures Act 2004 27

Part 3.8 Crimes (Child Sex Offenders) Act 2005 28

Part 3.9 Dangerous Substances Act 2004 29

Part 3.10 Duties Act 1999 30

Part 3.11 Guardianship and Management of Property Act 1991 39

Part 3.12 Inquiries Act 1991 40

Part 3.13 Intoxicated People (Care and Protection) Act 1994 47

Part 3.14 Judicial Commissions Act 1994 50

Part 3.15 Limitation Act 1985 63

Part 3.16 Notaries Public Act 1984 75

Part 3.17 Payroll Tax Act 1987 76

Part 3.18 Pest Plants and Animals Act 2005 78

Part 3.19 Racing Act 1999 80

Part 3.20 Royal Commissions Act 1991 89

Part 3.21 Taxation Administration Act 1999 99

Part 3.22 Territory-owned Corporations Act 1990 100

Part 3.23 Tree Protection Act 2005 101

Part 3.24 Unit Titles Act 1970 103

Part 3.25 Water and Sewerage Act 2000 104

Part 3.26 Witness Protection Act 1996 105

2006

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 2006.

(1) This Act commences on the 21st day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, 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: 12 November 2005)’ means that the amendment is taken to have commenced on 12 November 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.

(2) The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day outside the bushfire season if—

(a) the land around the material to be burnt is clear of flammable material for at least 5m in every direction; and

(b) at least 24 hours before burning the material, the owner has given notice of the intended burning to every occupier of land adjacent to the land where the material is to be burnt.

Existing paragraph (a) ends with ‘or’ and allows burning off to be undertaken outside the bushfire season if either paragraph (a) or paragraph (b) is satisfied. The intended effect of the provision was that both paragraphs must be complied with before burning off may be undertaken. This amendment changes the ‘or’ to an ‘and’.

, in writing,

The example relates to the determination of fees under an Act. Fee determinations are disallowable instruments (see s 9 (1) (b)). This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

Note 1 The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and 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 includes new note 1 to assist users of the Act.

(1) A legislative instrument is—

(a) a subordinate law; or

(b) a disallowable instrument; or

(c) a notifiable instrument; or

(d) a commencement notice.

(2) A reference to a legislative instrument includes a reference to a provision of a legislative instrument.

This amendment replaces the defined term registrable instrument with the defined term legislative instrument. It has become apparent that users of the Legislation Act do not find the term registrable instrument helpful. The amendment, therefore, replaces it with the equivalent term used in the Legislative Instruments Act 2003 (Cwlth).

Note 1 The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)).

This amendment brings the note into line with the new note for section 4 (2) which is inserted by another amendment.

(1) This section applies if a law amends another law and includes a provision (a legislation amended provision) identifying the amended law.

(2) The legislation amended provision automatically commences (or is taken to have automatically commenced)—

(a) on the commencement of the amendments; or

(b) if the amendments commence at different times—on the commencement of the earlier or earliest of the amendments.

(2) This section is a determinative provision.

Note See s 5 for the meaning of determinative provision, and s 6 for their displacement.

This amendment includes a new section to ensure that provisions identifying legislation that is amended commence when the amendments (or the earlier or earliest of the amendments) commence.

(1) The continuing operation of a transitional law or validating law is not affected only because the law is repealed.

(2) Subsection (1) does not apply to a law that is a transitional law or validating law because of modifications that it makes to another law.

This amendment and the next clarify and simplify provisions of section 88 (Repeal does not end effect of transitional laws etc). To make existing section 88 (1) more readable, details of the subsection are proposed to be moved to definitions inserted by the next amendment and the language of the subsection brought more closely into line with Legislation Act, section 86 (2). Existing section 88 (2) is only amended consequentially.

The Legislation Act, like other interpretation legislation in Australia, contains provisions dealing with the effect of the repeal and amendment of laws (see chapter 9). Despite these provisions and the general principle against the retrospective operation of legislation, transitional provisions are commonly included in legislation, particularly in legislation moving from one legislative scheme to another. It is readily apparent that not all of these transitional provisions are, on a strict analysis, legally necessary.

Transitional provisions that may not be strictly legally necessary are commonly included for at least 2 reasons. First, to put the intended effect of legislation during a transitional period completely beyond doubt. Second, to have an express statement of the transitional effect of provisions. Such a statement assists members of the Legislative Assembly and users of new or amended legislation to arrive at a clear understanding of the intended effect of the new or amended legislation.

In this regard the statement is educative rather than having an intended long-term legal effect. Hence the practice in the ACT for a number of years has been to include transitional provisions even though they may not be strictly necessary and to sunset the transitional provisions (including those that may be legally necessary) after they have become known to users. Sunsetting transitional provisions assists in avoiding unnecessary clutter in the statute book. However, because the ACT legislation register provides ready access to versions of the law at each point in time since the establishment of the register, these sunsetted transitional provisions can be readily located by looking at a version of the law for the relevant point in time or at the extensive endnotes provided for all ACT legislation. Because of the ACT drafting practice of including transitional provisions for amended legislation by amendment into the legislation being amended, it is unnecessary for users of ACT legislation to check amending legislation for transitional provisions.

The ACT legislative drafting practice is supported by section 88 which enables transitional provisions to be removed from current versions of legislation after a period sufficient to allow users to become familiar with them, whether or not they may have a continuing legal effect. The operation of this legislative drafting practice is reflected in the sunsetting of every transitional provision that was included in the Legislation Act when it was enacted. It is also demonstrated in many other Acts enacted by the Legislative Assembly in recent years. For example, see—

• Unit Titles Act 2001, part 16

• Food Act 2001, part 12

• Civil Law (Wrongs) Act 2002, chapter 16 (previously ch 12)

• Security Industry Act 2003, part 6

• Rates Act 2004, part 9

• Animal Diseases Act 2005, part 9.

(8) To remove any doubt and without limiting section 6 (Legislation Act provisions must be applied), the application of this section to a law is not displaced only because the law is repealed and, in particular, the repeal of the law does not of itself imply an intention to displace the application of this section to the law.

(9) In this section:

transitional law means—

(a) a law made or expressed to be made for a transitional purpose; or

(b) a law that makes provision consequential on a law mentioned in paragraph (a).

1 a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act

2 a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment

3 a declaration made for subsection (3)

Note 1 Transitional is defined in the dictionary to include application and savings.

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).

validating law means—

(a) a law that validates something that is or may be invalid; or

(b) a law that makes provision consequential on a law mentioned in paragraph (a).

1 a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done

2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way

This amendment inserts 2 new subsections into section 88.

Proposed section 88 (8) is included to ensure that the repeal or expiry of a transitional or validating law does not, of itself, displace section 88 or give rise to an implication that section 88 is intended to be displaced. As mentioned in the explanatory note to the previous amendment of section 88, transitional provisions may be included in legislation even though they may not be strictly legally necessary. Their repeal (or expiry) should not, therefore, give rise to an implication that any legal effect that they had was to be ended.

Proposed section 88 (9) defines the terms transitional law and validating law. The details of the definitions (including examples) are largely taken from existing section 88 (1).

(1) An amending law is automatically repealed on the day after—

(a) all of its provisions have commenced; or

(b) the last of its provisions that have not commenced are omitted or cannot commence.

The ABC Act 2005 includes a provision that amends the XYZ Act 2000. Before the provision commences, the XYZ Act 2000 is repealed. The provision can, therefore, no longer commence.

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).

This amendment makes it clear that an amending law is automatically repealed if the last of its uncommenced amendments are repealed before they commence or can no longer commence. Amendments can no longer commence if, for example, they amend a law or provisions that are repealed before the amendments commence. The amendment will help to remove unnecessary clutter from the statute book.

until

to or

Section 151 deals with working out periods of time generally. Section 151 (4) provides for the inclusion of the last day of a stated period in that period. The amendment makes it clear that section 151 (4) covers cases where the period is described as ‘to’ a stated day. For example, the period described as ‘1 January 1974 to 31 December 1980’ means that 31 December 1980 is included in the period.

(6A) Despite subsection (3), if, under an Act or statutory instrument, something must or may be done within a particular period of time after a stated day, the thing may be done on the stated day.

This amendment makes it clear that, if something must or may be done, within a particular period of time after a stated day, then, despite section 151 (3) (which would otherwise exclude the day), the thing may be done on that day.

(ii) a public holiday at the place where the thing must or may be done; or

(iii) if the thing is to be done by or in relation to an authorised deposit-taking institution—a day observed by the institution as a bank holiday at the place where the thing must or may be done.

This amendment amends the definition of working day in section 151A (Periods of time ending on non-working days) to take into account the effect of bank holidays.

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.

Section 80 (3) provides that the approval of a form is a notifiable instrument.

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 Because the approval is a notifiable instrument, it 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 clarifies the example by including references to the approval being a notifiable instrument.

change includes change by alteration, omission, substitution or addition.

This amendment revises the definition of change to expressly include change by alteration. Alteration is a common kind of change and its express inclusion in the definition should assist users to better understand the scope of the definition.

foreign country means a country (whether or not an independent sovereign country) outside Australia and the external territories, and includes a state, province or other part of such a country.

This amendment revises the definition of foreign country to ensure that a reference to a foreign country includes a reference to a state, province or other part of the foreign country. The amendment will, for example, ensure that a reference to the law of a foreign country includes, for a foreign country that has states or provinces, a reference to the relevant law of the states or provinces.

legislative instrument—see section 12.

This amendment is consequential on another amendment in this part that replaces the defined term registrable instrument with the defined term legislative instrument.

modification includes modification by alteration, omission, substitution and addition.

This amendment revises the definition of modification to expressly include modifications by alteration. Alteration is a common kind of modification and its express inclusion in the definition should assist users to better understand the scope of the definition.

This amendment is consequential on another amendment in this part that replaces the defined term registrable instrument with the defined term legislative instrument.

registrable instrument

legislative instrument

• section 19 (11)

• section 42 (2)

• section 46 (3)

• section 59 (2) (b)

• sections 60 to 63

• section 73

• section 75 (3)

• section 75A

• section 81 (6) (a) and (8)

• section 89 (6) and (9)

• dictionary, part 1, definition of notification

This amendment is consequential on another amendment in this part.

registrable instruments

legislative instruments

• section 19 (4), (5) and (7)

• part 6.4 heading

• section 59

• section 60 (1)

• section 61 heading

• section 63 heading

• section 255 (1), note

• section 302 (2) (b)

This amendment is consequential on another amendment in this part.

registrable instruments

legislative instruments

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

registrable instrument

legislative instrument

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

registrable instrument

legislative instrument

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

• legislative instrument (see s 12)

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

• registrable instrument

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

notification number, for part 2 (Notification of legislative instruments)—see section 5.

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

This amendment omits a redundant signpost definition. The relevant definition was omitted by an earlier amendment.

(1) Except with the Minister’s consent, a business name must not be registered under this Act if the business name is a name that is—

(a) in the registrar-general’s opinion, undesirable; or

(b) unacceptable for registration under the Corporations Regulations 2001 (Cwlth).

This amendment improves the structure of the subsection and updates the reference to the relevant Commonwealth legislation.

(d) if the business name is registered in relation to a corporation only and the corporation is deregistered under the Corporations Act or dissolved.

This amendment brings the language of the paragraph into line with the Corporations Act.

This amendment omits subsections that were retained in this section in error when the Act was amended by the Financial Management Legislation Amendment Act 2005, schedule 1, part 1.4. The omitted subsections relate to directions given by the Minister to the Canberra Institute of Technology. Directions are now dealt with in the Canberra Institute of Technology 1987, section 6. The omitted subsections are inserted into that section by another amendment.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

(3) A direction is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) If the Minister gives the institute a direction under this section, a copy of the direction must be presented to the Legislative Assembly within 5 sitting days after the day the direction is given.

This amendment inserts provisions omitted from section 5 by another amendment.

(5) The members are to be appointed by the Minister.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

This amendment omits from subsection (5) the requirement that appointments be in writing, which is required by the Legislation Act, section 206 (1). The amendment also adds standard appointment notes.

This amendment omits a redundant provision in relation to the employment and promotion of staff of the institute. The section relates to equal employment opportunity and was inserted into the Act when the staff of the institute were not public servants to give them similar protection to Commonwealth employees under the Public Service Act 1922 (Cwlth). In 1994 the staff of the institute were brought under the Public Sector Management Act 1994 which provides for equal employment opportunity programs (see that Act, s 40).

registrable instruments

legislative instruments

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

registrable instrument

legislative instrument

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

(a) a statement about any registration in the heritage register in relation to the property;

This amendment updates a reference to the heritage places register. The register is now called the heritage register (see Heritage Act 2004, s 20) .

This amendment omits a redundant definition of heritage places register.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

• heritage register

This amendment is consequential on other amendments in this part. Dictionary note 2 is an aid to users that lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1.

shall not perform a function or duty

must not exercise a function

This amendment brings the subsection more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines function as including duty and power.

This amendment updates language to bring it into line with current drafting practice.

exercising a power or performing a function or duty under this Act

exercising a function under this Act

This amendment brings the subsection more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines function as including duty and power.

This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

This amendment inserts a new provision into part 11 which deals with transitional matters in relation to the repealed Coroners Act 1956. The provision ensures that any ongoing effect of the transitional provisions is preserved after their repeal by the next amendment.

This amendment omits a redundant part dealing with transitional provisions in relation to the repealed Coroners Act 1956. Any ongoing effect of the transitional provisions is preserved after their repeal by this amendment.

This amendment substitutes a descriptive a schedule heading in accordance with current drafting practice.

• doctor

• lawyer

• registrar-general

This amendment is consequential on other amendments in this part. Dictionary note 2 is an aid to users that lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

This amendment omits a redundant definition. The term registrar-general is defined in the Legislation Act, dictionary, part 1.

legal practitioner

lawyer

• section 39

• section 42

• section 72

This amendment updates language to bring it into line with current drafting practice.

medical practitioner

doctor

• section 9 (3)

• section 13 (1) (f) and (g)

• sections 21 to 23

• section 25

• section 32

• section 70 (1) (d)

This amendment updates language to bring it into line with current drafting practice.

registrable instruments

legislative instruments

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

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

For example, the signpost definition ‘witness protection program—see the Witness Protection Act 1996, dictionary.’ means that the term ‘witness protection program’ is defined in that dictionary and the definition applies to this Act.

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

Witness Protection Act 1996, section 3

Witness Protection Act 1996, dictionary

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

Witness Protection Act 1996, section 3

Witness Protection Act 1996, dictionary

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

in writing

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

(a) the knowledge, experience and training of the person in relation to the kinds of dangerous substances to which the application relates;

This amendment adds the words ‘to which the application relates’ to make it clear that it is only the dangerous substances to which the application relates that are relevant.

(5) For the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern), the information published by the chief executive under this section about disciplinary action is taken to be a fair report of proceedings of public concern.

This amendment updates a cross-reference and terminology consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

, in writing,

• section 218 (1)

• section 219 (1)

• section 221 (1)

• section 222 (1)

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

voting share—see the Corporations Act, section 9.

This amendment brings the definition into line with current drafting practice.

paid, for a premium or an instalment of a premium—see section 176.

This amendment inserts a signpost definition of paid to assist users.

This definition, and the omission of section 220 by the amendment below, omits 2 separate (but effectively identical) definitions of licensed vehicle dealer for different parts of the Act. The definitions are made redundant by a new definition of the term for the Act which is inserted into the dictionary by another amendment.

This amendment omits a definition of licensed vehicle dealer and is consequential on the insertion of a new definition of the term into the dictionary by another amendment.

acquired, for an interest in a landholding private corporation, for part 3.2 (Acquisition of interests in certain landholders)—see section 84.

acquisition statement, for chapter 3 (Certain transactions treated as transfers)—see section 76.

asset, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

bankrupt includes having executed a personal insolvency agreement.

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

business, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

capital reduction, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

chapter 3 transaction, for chapter 3 (Certain transactions treated as transfers)—see section 76.

company, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

consideration—see section 21.

declaration of trust, for chapter 2 (Transactions concerning dutiable property)—see section 6.

demonstrator, for part 9.2 (Exemptions)—see section 208A.

dutiable entitlement, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

equipment financing arrangement, for chapter 6 (Hire of goods)—see section 151.

first executed, for an instrument (including a contract)—see section 243.

FS (TB) Act, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

goods, for chapter 6 (Hire of goods)—see section 151.

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

hire of goods—see section 152 and section 153.

This amendment adds a reference to section 153 which also deals with the meaning of hire of goods.

hiring charges—see section 155 and section 156.

This amendment adds a reference to section 156 which also deals with the meaning of hiring charges.

insurance intermediary—see the Insurance Contracts Act 1984 (Cwlth), section 11.

This amendment updates a signpost definition.

interest—

(a) includes an estate, an interest under a lease or a sublease, a proprietary right and a beneficial interest; and

(b) for a private corporation, for part 3.2 (Acquisition of interests in certain landholders)—see section 83 (1).

The dictionary at present contains separate definitions of this term. The substituted definition combines both in accordance with current drafting practice. It also updates a reference to a land-rich corporation.

landholding, for part 3.2 (Acquisition of interests in certain landholders)—see section 80.

lease instrument, for chapter 5 (Lease instruments)—see section 133.

lessee, for chapter 5 (Lease instruments)—see section 133.

lessor, for chapter 5 (Lease instruments)—see section 133.

licensed vehicle dealer means a licensed dealer under the Sale of Motor Vehicles Act 1977.

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act. It also inserts a definition of licensed vehicle dealer for the Act to replace the definitions in section 208A and section 220 which are omitted by other amendments.

life company—see the Life Insurance Act 1995 (Cwlth), schedule.

This amendment brings a signpost definition into line with current drafting practice.

majority interest, in a private corporation—see section 83 (2).

paid, for a premium or an instalment of a premium, for chapter 8 (Insurance)—see section 176.

person, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

property transferred, by a dutiable transaction—see section 8 (2).

receiving body, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

relevant acquisition, for division 3.2.3 (Charging of duty)—see section 86.

rights alteration, in relation to voting shares, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

This amendment omits an unnecessary definition. The term solicitor is defined in the Legislation Act, dictionary, part 1.

subsidiary—see section 81 (3) to (5).

This amendment adds a reference to section 81 (5) which also deals with the meaning of subsidiary.

time, of transfer of dutiable property—see section 8 (2).

This amendment inserts into the dictionary, in accordance with current drafting practice, a signpost definition for a term defined elsewhere in the Act.

trading stock, for part 9.2 (Exemptions)—see section 208A.

This amendment brings the definition into line with current drafting practice.

(a) includes—

(i) assignment; and

(ii) exchange; and

(iii) vesting of an interest in property under a law of the Territory, the Commonwealth, a State or another Territory, unless the interest does not exist before it is vested; and

(iv) vesting of an interest in property under a court order, unless the interest did not exist before it is vested; and

(b) for chapter 2 (Transactions concerning dutiable property)—see section 6.

This amendment updates the definition of transfer by adding to the definition, in accordance with current drafting practice, a signpost definition to a term defined elsewhere in the Act.

transferee, of dutiable property—see section 8 (2).

unascertainable, for an amount of a cost component, for part 5.4 (Unascertainable lease costs)—see section 143 (2).

voluntary transfer, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

voting share, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see the Corporations Act, section 9.

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

, in writing,

• section 4 (2)

• section 4A (1)

• section 70A (4)

• section 91A (4)

• section 115G (1)

• section 201A (1)

• section 208AA (4)

• section 214A (5)

• section 230 (2)

• section 252A (1)

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

(c) is bankrupt or has executed a personal insolvency agreement (and, if so, has given particulars to the tribunal).

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

(b) if the member becomes bankrupt or executes a personal insolvency agreement.

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

This Act is the Inquiries Act 1991.

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.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

This amendment renumbers sections.

The Executive may appoint 1 or more people as a board of inquiry to inquire into a matter stated in the instrument of appointment.

Note For the making of appointments, see the Legislation Act, pt 19.3.

This amendment updates the appointment section by removing the words ‘by instrument’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.

The amendment also inserts a note about appointments.

This amendment omits a redundant provision about the appointment of a member not being invalid because of a defect or irregularity in connection with the member’s appointment. The provision is unnecessary because of the Legislation Act, section 212 which is to the same effect.

Note A member’s appointment also ends if the person resigns (see Legislation Act, s 210).

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

Section 10 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 9 by another amendment.

calendar month

month

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1, defines month as meaning calendar month.

performance or exercise of any function or power

exercise of any function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

performance or exercise of a function or power

exercise of a function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

furnished

provided

This amendment updates language.

Except as otherwise provided by this Act, the procedure at a hearing may be decided by the board.

This amendment updates language.

A board may delegate any of its functions under this Act with the written consent of the Chief Minister.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

This amendment brings the provision into line with current drafting practice.

a proceeding of public concern for the Civil Law (Wrongs) Act 2002, section 128

proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern)

This amendment updates a cross-reference and terminology consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

Civil Law (Wrongs) Act 2002, section 129

Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents)

This amendment updates a cross-reference consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• Executive

• exercise

• function

• month

• under.

authorised person means a person declared in writing by the chairperson to be an authorised person for this Act.

board means—

(a) a board of inquiry appointed under section 5; and

(b) in relation to an inquiry—the board of inquiry appointed to conduct that inquiry.

chairperson means—

(a) the chairperson of a board appointed under section 6 (1) or (3); or

(b) for a board constituted by 1 person—that person.

member means—

(a) for a board constituted by 1 person—that person; or

(b) for a board constituted by 2 or more people—each of those people.

premises includes—

(a) a building or other structure; and

(b) an aircraft, vehicle or vessel; and

(c) a place, whether or not enclosed or built on.

This amendment inserts a new dictionary consequent on the omission of the interpretation provision (existing section 3) by another amendment. The language and structure of the definitions is updated to bring them into line with current drafting practice.

legal practitioner

lawyer

• sections 15 to 17

• section 24 (c)

• section 25 (a)

This amendment updates language.

persons

people

• section 6 (1) to (3)

• section 21 (3) and (4)

• section 24, heading

This amendment updates language.

A proceeding does not lie against a person who is or has been a licensee, manager of a licensed place or carer in relation to anything honestly done or omitted to be done by the person as licensee, manager of a licensed place or carer for the exercise, or purported exercise, of a function for this Act or another territory law.

This amendment updates language.

(i) if the applicant is an individual—a written statement signed by the applicant stating that the applicant has never been bankrupt or executed a personal insolvency agreement; or

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

(2) A condition takes effect 28 days after the day the licensee is given notice of the condition or, if the notice states a later date of effect, that date.

This amendment brings the language of the provision more closely into line with current drafting practice, particularly by ensuring that a condition does not take effect until the required time after a licensee is given notice of the condition.

(a) if the licensee is an individual—the licensee becomes bankrupt or executes a personal insolvency agreement;

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

(c) if the licensee is an incorporated association or any other kind of entity—that the entity is unable to meet its debts;

This amendment brings the language of the grounds on which a licence may be cancelled under section 23 into line with the language of section 15 (2) (c) (iii) which is about applications for a licence. In particular, the reference to ‘a body established by or under a law of the Territory or elsewhere’ is changed to ‘any other kind of entity’.

(d) inviting the licensee to make submissions to the Minister, not later than 28 days after the day the licensee is given the notice, why the licence should not be cancelled.

(3) After considering any submissions made in accordance with the notice, the Minister may cancel the licence in relation to any licensed place stated in the notice on any ground stated in the notice.

This amendment brings the language of the provision more closely into line with current drafting practice, particularly by ensuring that a licensee is given a minimum time to make submissions about a proposed licence cancellation.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

This Act is the Judicial Commissions Act 1994.

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.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

This amendment renumbers sections.

laid a copy of that report before

presented a copy of the report to

This amendment updates language.

laid that statement before

presented the statement to

This amendment updates language.

A judicial commission must consist of a presiding member and 2 other members appointed by the Executive.

Note For the making of appointments, see the Legislation Act, pt 19.3.

This amendment updates the appointment section by removing the words ‘in writing’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.

The amendment also inserts a note about appointments.

This amendment omits a redundant provision about the appointment of a member not being invalid because of a defect or irregularity in connection with the member’s appointment. The provision is unnecessary because of the Legislation Act, section 212 which is to the same effect.

Note A commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

Section 11 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 10 by another amendment.

performing

exercising

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

performance

exercise

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

laid the commission’s report before

presented the commission’s report to

This amendment updates language.

perform

exercise

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

performs

exercises

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

performed

exercised

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

lay a copy of the report before

present a copy of the report to

This amendment updates language.

shall, on laying a copy of the report before

must, on presenting a copy of the report to

This amendment updates language.

laid the report before

presented the report to

This amendment updates language.

lay a copy of the statement before

present a copy of the statement to

This amendment updates language.

performance or exercise of any function or power

exercise of any function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

performance or exercise of a function or power

exercise of a function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

furnished

provided

This amendment updates language.

furnish

give

This amendment updates language.

performance

exercise

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

This amendment is consequent on the omission of section 36 by another amendment.

refuses or

This amendment omits unnecessary words. Fail is defined in the Legislation Act, dictionary, part 1 to include refuse.

This amendment omits section 36 which states that a commission has power to do all things necessary or incidental to the performance of its functions. This is unnecessary because the Legislation Act, section 196 states that a provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function.

Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.

This amendment updates language.

in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on

honestly in the exercise or purported exercise of any function—given to

This amendment brings the language of the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include authority and power.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

Note For other provisions about forms, see the Legislation Act, s 255.

This amendment inserts a standard note to bring the provision into line with current drafting practice.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• administrative appeals tribunal

• chief police officer

• Executive

• exercise

• fail

• function

• sitting day

• under.

authorised person means a person declared in writing by the presiding member to be an authorised person for this Act.

commission means—

(a) a judicial commission appointed under section 16 (3) or section 18; and

(b) for a complaint—the commission appointed to examine the complaint.

complaint means—

(a) a complaint made in accordance with section 14 (1) and (2); or

(b) an allegation, notice of which has been given to the Attorney-General in accordance with section 14 (3) (b).

head of jurisdiction means—

(a) for a judge or the master of the Supreme Court—the Chief Justice; or

(b) for a magistrate—the Chief Magistrate; or

(c) for a member of the administrative appeals tribunal—the president of the tribunal.

judge—

(a) means—

(i) a judge of the Federal Court or Family Court; or

(ii) a judge of the Supreme Court of a State or the Northern Territory; and

(b) includes a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A.

judicial officer means—

(a) a judge of the Supreme Court, other than a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A; or

(b) the master of the Supreme Court; or

(c) a magistrate; or

(d) a member of the administrative appeals tribunal, other than a person who is also a member of the Commonwealth administrative appeals tribunal.

magistrate does not include a registrar.

member, of a commission, means a member of the commission, and includes the presiding member.

premises includes—

(a) a building or other structure; and

(b) an aircraft, vehicle or vessel; and

(c) a place, whether or not enclosed or built on.

presiding member means the presiding member of a commission appointed under section 6 or section 7 (3).

This amendment inserts a new dictionary consequent on the omission of the interpretation provision (existing section 3) by another amendment. The language and structure of the definitions is updated to bring them into line with current drafting practice.

laid before

presented to

• section 5 (2) (b)

• section 22 (3) and (5)

• section 23 (5)

This amendment updates language.

legal practitioner

lawyer

• section 5 (3) (c)

• sections 26 to 28

• sections 40 to 42

This amendment updates language.

persons

people

• section 5 (4)

• section 24 (2)

• section 37 (3) and (4)

• section 41 heading

This amendment updates language.

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 ‘government—see the Legislation Act 2001, section 121 (Binding effect of Acts).’ means that the term ‘government’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

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 amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.

(other than a law repealed or omitted by this Act)

This amendment removes redundant words.

a purchaser of the goods in good faith

an honest purchaser of the goods

This amendment updates language.

mineral includes petroleum.

This amendment relocates the definition to the relevant provision in accordance with current drafting practice.

For this Act—

(a) a person claims through someone else in relation to any property or right if the person is entitled to the property or a right by, through, under or by the act of the other person, but a person entitled to property or a right because of an appointment under a special power of appointment does not, because of the appointment, claim the property or right through the appointor; and

(b) a thing done to or by or suffered by an agent is done to or by or suffered by the agent’s principal.

The provisions of this Act that relate to the date of accrual of a cause of action have effect for this Act but not for any other purpose.

This amendment omits the interpretation section. The definitions in section 8 (1) (with 1 exception), and a new definition of person under a disability based on section 8 (3), are included in the new dictionary which is inserted by another amendment. The exception is the definition of mineral, which is included in section 7 by another amendment.

Section 8 (2) and (4) are remade in accordance with current drafting practice as new sections 8 and 8A.

(1) An action on a cause of action to enforce a claim or lien against a vessel (the former vessel) or its owners in relation to any damage or loss to another vessel, its cargo or freight, or any property on board the other vessel, or damage for loss of life or personal injuries suffered by anyone on board the other vessel, caused by the fault of the former vessel, whether the former vessel, is completely or partly at fault, is not maintainable if brought after the end of a limitation period of 2 years running from the date when the damage, loss or injury is caused.

This amendment updates language.

(4) In this section:

freight includes passage money and hire.

vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or similar vessel.

(5) In this section, a reference to damage or loss caused by the fault of a vessel includes salvage or other expenses, consequent on that fault, recoverable at law by way of damages.

This amendment brings the language and structure of existing subsection (4) more closely into line with current drafting practice.

(including a law repealed or omitted by this Act)

This amendment removes redundant words.

if the amount would have been legally owing if the provision under which it was paid had been valid.

This amendment updates language.

(without derogating from the generality of the foregoing)

, for example,

This amendment brings the provision into line with current drafting practice.

(f) the steps (if any) taken by the plaintiff to obtain medical, legal or other expert advice and the nature of the advice the plaintiff may have received.

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 updates language and inserts a standard example note.

(without derogating from the generality of the foregoing)

, for example,

This amendment brings the provision into line with current drafting practice.

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 inserts a standard example note.

(without derogating from the generality of the foregoing)

, for example,

This amendment brings the provision into line with current drafting practice.

(g) the steps (if any) taken by the person to obtain, for the cause of action, medical, legal or other expert advice, and the nature of the advice.

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 updates language and inserts a standard example note.

(without derogating from the generality of the foregoing)

, for example,

This amendment brings the provision into line with current drafting practice.

(without derogating from the generality of the foregoing)

, for example,

This amendment brings the provision into line with current drafting practice.

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 inserts a standard example note.

(a) gives it to the party to whom it is to be given; or

(b) leaves it at the usual or last known business or residential address of the party to whom it is to be given; or

(c) posts it to the person to whom it is to be given at the person’s usual or last-known business or residential address; or

This amendment updates language.

if the amount would have been legally owing if the provision under which it was paid had been valid.

This amendment updates language.

, in writing,

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• Commonwealth

• instrument (see s 14)

• interest

• under.

action includes any proceeding in a court.

administrator—see the Administration and Probate Act 1929, section 5.

cause of action means the fact or combination of facts that gives rise to a right to bring a civil proceeding.

deed includes—

(a) an instrument having the effect of a deed under a law in force in the ACT; or

(b) for an instrument executed under the law of any of the following jurisdictions—an instrument having the effect of a deed under the law under which it is executed:

(i) the Commonwealth;

(ii) a State;

(iii) another Territory;

(iv) the United Kingdom;

(v) New Zealand;

defendant means a person against whom a cause of action lies, whether or not a proceeding has been started for the cause of action.

government—see the Legislation Act 2001, section 121 (Binding effect of Acts).

income includes interest on a judgment and other interest, rent, annuities and dividends, but does not include arrears of interest secured by a mortgage and lawfully treated as principal.

judgment includes a judgment of a court of the ACT and of any other place.

land—see the Land Titles Act 1925, section 6 (1).

mortgage includes—

(a) a charge or lien on any property for securing money or money’s worth, other than a possessory lien on goods or any binding effect on property arising under an enforcement order of a court; and

(b) for land registered under the Land Titles Act 1925—a charge within the meaning of that Act.

mortgagee includes a person claiming a mortgage through an original mortgagee.

mortgagor includes a person claiming property subject to a mortgage through an original mortgagor.

personal injury includes any disease and any impairment of the physical or mental condition of a person.

personal representative—see the Civil Law (Wrongs) Act 2002, dictionary.

plaintiff means a person who has a cause of action, whether or not a proceeding has been started for the cause of action.

principal money, for a mortgage, means all money secured by the mortgage, including arrears of interest lawfully treated as principal, but does not include other interest.

successor, for a person liable on a cause of action, means someone on whom the person’s liability devolves, whether or not—

(a) as personal representative or otherwise on death; or

(b) bankruptcy, disposition of property, or ending of a limited interest in property.

trust—

(a) includes—

(i) an express, implied and constructive trust, whether or not the trustee has a beneficial interest in the trust property, and whether or not the trust arises only because of a transaction impeached; and

(ii) the duties incident to the office of personal representative; but

(b) does not include the duties incident to the estate or interests of a mortgagee in mortgaged property.

under a disability—a person is under a disability—

(a) while the person is under 18 years old; or

(b) while the person is, for a continuous period of 28 days or longer, incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in relation to the limitation period for which the question of disability arises because of—

(i) intellectual retardation or disability, mental illness or disorder, brain damage, senility or physical disability; or

(ii) war or warlike operations; or

(iii) circumstances arising out of war or warlike operations.

This amendment inserts a new dictionary consequent on the omission of the interpretation provision (existing section 8 (1)) by another amendment. The language and structure of the definitions is updated to bring them into line with current drafting practice.

The significant changes are:

• a new definition of under a disability for a person (based on section 8 (3)) is included;

• the definition of mineral is not included in the dictionary because it is inserted in the provision where it is used (section 7) by another amendment;

• the definition of trustee is omitted because of the Legislation Act, section 157 which provides that, for a defined term, other parts of speech and grammatical forms have a corresponding meaning.

Supreme Court, in accordance with the form in schedule 2.

Supreme Court.

Note 1 If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.

Note 2 A fee for the application may be determined under the Court Procedures Act 2004, section 13.

This amendment is consequential on the Court Procedures Act 2004 and brings the provision into line with current drafting practice.

This amendment substitutes a descriptive schedule heading in accordance with current drafting practice.

I shall know

I know

This amendment updates language.

This amendment is consequential on the amendment of section 10 (1) by another amendment.

deemed

taken

This amendment updates language.

This amendment bring the heading into line with current drafting practice.

For this Act, the value of any benefits

For this Act, the value of any benefits

This amendment brings the reference to ‘value’ into line with current drafting practice.

value, of benefits—see section 3.

This amendment inserts a signpost definition of value of benefits into the dictionary.

shall be deemed

are taken

• section 2D (2) and (3)

• section 5 (1) (b) and (c)

This amendment updates language.

(commencement: 12 November 2005)

Amendment 1.1 amends the Land (Planning and Environment) Act 1991, section 254 which relates to applications for orders for enforcement purposes. Until it was amended by the Pest Plants and Animals Act 2005, the Land (Planning and Environment) Act dealt with the control of pest plants and animals and an order could be made under it in relation to their control. The Pest Plants and Animals Act commenced on 12 November 2005.

The Heritage Act 2004 amended the Land (Planning and Environment) Act, section 254 (3) by inserting a new paragraph (ba) which, under another amendment, was renumbered as paragraph (c). The amendments related to a place or object that was registered, or nominated for provisional registration, under the Heritage Act. The effect of the renumbering was to renumber then paragraph (c), which dealt with orders sought for the control of pest plants and animals, as paragraph (d).

The Pest Plants and Animals Act 2005, schedule 1 consequentially amended the Land (Planning and Environment) Act to remove pest plants and animals from the orders regime. However, the relevant amendment omitted section 254 (3) (c) (about heritage matters) rather than paragraph (d) (about pest plants and animals). Accordingly, by editorial amendment under the Legislation Act, section 114, the reference to section 254 (3) (c) was changed to a reference to section 254 (3) (d). This ensured that the correct paragraph was omitted.

This amendment confirms the editorial amendment.

(commencement: 12 November 2005)

Amendment 1.4 amends the Land (Planning and Environment) Act 1991, section 255 which states the entities to whom notice of a proposal to make an order on the planning and land authority’s initiative must be given. Until it was amended by the Pest Plants and Animals Act 2005, the Land (Planning and Environment) Act dealt with the control of pest plants and animals and an order could be made under it in relation to their control. The Pest Plants and Animals Act commenced on 12 November 2005.

The Heritage Act 2004 amended the Land (Planning and Environment) Act, section 255 (2) by inserting a new paragraph (ba) which, under another amendment, was renumbered as paragraph (c). The amendments related to the giving of notice to the heritage council of a proposed order relating to a place or object registered, or nominated for provisional registration, under the Heritage Act. The effect of the renumbering was to renumber then paragraph (c), which dealt with the giving of notice of orders for the control of pest plants and animals, as paragraph (d).

The Pest Plants and Animals Act 2005, schedule 1 consequentially amended the Land (Planning and Environment) Act to remove pest plants and animals from the orders regime. However, the relevant amendment omitted section 255 (2) (c) (about heritage matters) rather than paragraph (d) (about pest plants and animals). Accordingly, by editorial amendment under the Legislation Act, section 114, the reference to section 255 (2) (c) was changed to a reference to section 255 (2) (d). This ensured that the correct paragraph was omitted..

This amendment confirms the editorial amendment.

, in writing,

• section 7 (1)

• section 16 (1)

• section 51 (1)

• section 52 (1)

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

This amendment gives the section a unique heading within the Act.

This amendment gives the section a unique heading within the Act.

Note For the making of appointments, see the Legislation Act, pt 19.3.

This amendment inserts a standard note about the making of appointments.

(3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

This amendment clarifies the operation of the section for the user of the legislation.

This amendment gives the section a unique heading within the Act.

This amendment gives the section a unique heading within the Act.

Note For the making of appointments, see the Legislation Act, pt 19.3.

This amendment inserts a standard note about the making of appointments.

(3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

This amendment clarifies the operation of the section for the user of the legislation.

This amendment gives the section a unique heading within the Act.

This amendment gives the section a unique heading within the Act.

Note For the making of appointments, see the Legislation Act, pt 19.3.

This amendment inserts a standard note about the making of appointments.

(3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

This amendment clarifies the operation of the section for the user of the legislation.

(1) The chief executive must appoint a public servant as the registrar of the tribunal.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

(2) Until the chief executive makes an appointment under subsection (1), the registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the registrar.

(3) Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(4) Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.

This amendment removes the requirement that the chief executive must create and maintain an office of registrar in the public service. The Legislation Act, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.

The amendment includes transitional arrangements that operate until new appointments are made. Proposed section 46 (3) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 46 (2) to (4). The amendment also inserts standard notes about appointments.

(1) A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a function under this Act.

(2) Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory.

This amendment remakes existing section 62 (Immunity from liability) to bring it into line with current drafting practice and relocates it from part 6 (Miscellaneous) of the Act to the part dealing with the racing appeals tribunal. Existing section 62 is omitted by another amendment.

persons and bodies

entities

This amendment updates language.

The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under the following sections:

• section 20 (Racing club—appointment of administrator)

• section 26 (Harness club—appointment of administrator)

• section 32 (Greyhound club—appointment of administrator).

This amendment remakes existing section 67 (which is omitted by another amendment) in accordance with current drafting practice and relocates the provision in a more appropriate place in the Act. The amendment omits the actual delegation power in the existing section because it is now covered by the Legislation Act, section 254A. The references to section 5 (3) (Licensed racecourses) and section 35 (Variation of conditions or approved rules) in existing section 67 are not included in the functions that cannot be delegated because the relevant functions were transferred from the Minister to the gambling and racing commission by the Gambling and Racing Control (Consequential Provisions) Act 1999.

(1) Application may be made to the administrative appeals tribunal for review of a decision of the commission mentioned in table 63.

(2) The commission must give a written notice of a decision mentioned in table 63 to each person affected by the decision.

(3) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

This amendment brings the provision into line with current drafting practice and changes the reference to the Minister to the commission because the relevant functions were transferred from the Minister to the gambling and racing commission by the Gambling and Racing Control (Consequential Provisions) Act 1999. It also includes the standard provision (see s (3)) about how notice of a reviewable decision must be given.

This amendment is consequential on the insertion of a new section 62 by another amendment.

This amendment omits a provision about acting appointments. The Legislation Act, section 209 deals with acting appointments. Section 1.1 (1) already includes a standard note referring to the Legislation Act, section 209.

(b) becomes bankrupt or executes a personal insolvency agreement; or

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

• entity

• sitting day

This amendment inserts new terms to assist users. Dictionary note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

laid before

presented to

• section 20 (2) (b)

• section 26 (2) (b)

• section 32 (2) (b)

This amendment updates language.

persons

people

• section 16 (1) (e)

• section 22 (1) (e)

• section 28 (1) (e)

• schedule 2, section 2.1

This amendment updates language.

This Act is the Royal Commissions Act 1991.

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.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

This amendment renumbers sections.

(1) The Executive may appoint 1 or more people as a royal commission to inquire into a matter stated in the instrument of appointment.

Note For the making of appointments, see the Legislation Act, pt 19.3.

(2) An appointment is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

This amendment updates the appointment section by removing the words ‘in writing’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.

The amendment also inserts a note about appointments.

(b) is a lawyer and has been a lawyer for at least 5 years.

This amendment updates language.

This amendment omits a redundant provision about the appointment of a member not being invalid because of a defect or irregularity in connection with the member’s appointment. The provision is unnecessary because of the Legislation Act, section 212 which is to the same effect.

Note A commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

Section 10 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 9 by another amendment.

Except as otherwise provided by this Act, an inquiry may be conducted in the way the commission decides.

This amendment updates language.

calendar month

month

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1, defines month as meaning calendar month.

performance or exercise of any function or power

exercise of any function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

performance or exercise of a function or power

exercise of a function

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

furnished

provided

This amendment updates language.

furnish

give

This amendment updates language.

performance

exercise

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

This amendment is consequent on the omission of section 27 by another amendment.

This amendment omits section 27 which states that a commission has power to do all things necessary or incidental to the performance of its functions. This is unnecessary because the Legislation Act, section 196 states that a provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function.

Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.

This amendment updates language.

in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on

honestly in the exercise or purported exercise of any function given to

This amendment brings the language of the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include authority and power.