2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Environment Protection Act 1997 3

Part 1.2 Environment Protection Regulation 2005 4

Part 3.1 Anglican Church of Australia Trust Property Act 1917 6

Part 3.2 Animal Diseases Act 2005 7

Part 3.3 Animal Diseases Regulation 2006 8

Part 3.4 Animal Welfare Act 1992 8

Part 3.5 Boxing Control Act 1993 10

Part 3.6 Clinical Waste Act 1990 10

Part 3.7 Community Title Act 2001 11

Part 3.8 Contractors Debts Act 1897 13

Part 3.9 Discrimination Act 1991 14

Part 3.10 Domestic Violence Agencies Act 1986 14

Part 3.11 Eggs (Labelling and Sale) Act 2001 18

Part 3.12 Electricity Safety Act 1971 18

Part 3.13 Environment Protection Act 1997 23

Part 3.14 Environment Protection Regulation 2005 23

Part 3.15 Evidence Act 1971 24

Part 3.16 Executive Documents Release Act 2001 24

Part 3.17 Fair Trading Act 1992 25

Part 3.18 First Home Owner Grant Act 2000 31

Part 3.19 Health Professionals Act 2004 32

Part 3.20 Independent Competition and Regulatory Commission Act 1997 34

Part 3.21 Jurisdiction of Courts (Cross-vesting) Act 1993 42

Part 3.22 Legal Profession Act 2006 43

Part 3.23 Lotteries Act 1964 43

Part 3.24 Mental Health (Treatment and Care) Act 1994 43

Part 3.25 Payroll Tax Act 1987 48

Part 3.26 Taxation Administration Act 1999 51

Part 3.27 Unlawful Games Act 1984 51

Part 3.28 Victims of Crime (Financial Assistance) Act 1983 53

2007

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 2007 (No 2).

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)).

The purpose of this Act is to improve the quality of the statute law of the Territory by amending legislation 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 and 3.

This amendment is consequential on the omission of schedule 1, table 1.2, item 1 by another amendment.

This amendment omits a redundant provision that regulated certain dealings with ozone-depleting substances or things containing those substances if the dealing had been a prescribed activity. No relevant dealings are prescribed and ozone-depleting substances are now regulated under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth).

This amendment is consequential on the omission of schedule 2, part 2.4 by another amendment.

This amendment omits redundant provisions that regulated petrol quality. Schedule 2, part 2.4 was enacted in the context of the introduction of unleaded petrol. Fuel quality is now regulated under the Fuel Quality Standards Act 2000 (Cwlth).

This amendment is consequential on the omission of schedule 2, part 2.4 by another amendment.

This amendment is consequential on the omission of the definition of ozone-depleting substance from the Environment Protection Act 1997, schedule 1, section 1.1 by another amendment. The definition refers to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth).

Statute law amendment bills may include a second schedule for amendments of the Legislation Act. This bill does not provide for such amendments but the schedule heading is retained to preserve the usual numbering of schedule 3, which provides for minor and technical amendments proposed by the parliamentary counsel.

This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.

This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.

This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.

This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.

This amendment revises the item to refer correctly to the relevant provision number and text.

(B) an authorised person decides it is impractical or too dangerous to tag the animal;

This amendment changes a reference to authorised officer to authorised person, a defined term. The term authorised officer is not used in the Act.

This section and section 78 deal with issuing identity cards to certain people. The people covered by this section are to be included in section 78 by another amendment, making this section redundant.

(c) the authority;

(d) delegate of the authority with any delegated powers of an inspector.

This amendment amends the definition to extend the class of people to whom identity cards may be issued under this section. The effect of this amendment is that this section will now cover people who could be issued cards under section 6A, which is being omitted by another amendment.

purporting to be

This amendment omits unnecessary words that might give the impression that a forgery is admissible evidence. The fact that a document is taken to be genuine unless proven otherwise, is made clear by another amendment.

Note A document that purports to be signed by an office holder such as the authority is presumed to have been signed by the office holder unless the contrary is proved (see Evidence Act 1995 (Cwlth), s 150).

This amendment inserts a note that makes clear that if a document is forged, it will not have evidentiary value. The amendment clarifies the effect of words omitted by another amendment.

identity card means—

(a) in relation to an inspector (other than a police officer), an authorised officer or a delegate of the authority—an identity card issued to the person under section 78; or

(b) in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.

This amendment is consequent on the omission of section 6A, and combining the effect of section 6A and section 78 into a single provision, by other amendments.

This amendment omits definitions of terms that are no longer used in the Act.

authorised insurer means a person carrying on an insurance business in Australia under—

(a) an authorisation under the Insurance Act 1973 (Cwlth), part 3 (Authorisation to carry on insurance business); or

(b) a determination under that Act, section 7 (Determination that certain provisions do not apply).

This amendment corrects a reference to a provision in the Insurance Act 1973 (Cwlth), and extends the meaning of the term to take account of someone who carries on insurance business in Australia because a determination under that Act, section 7 is in force in relation to the person.

parts of the land

lots

This amendment brings the terminology of the section into line with the rest of the Act.

or common property

This amendment omits a reference to common property, in the context of ‘a lot or common property’, which is redundant because common property must comprise a lot. The mention of lot is sufficient.

or the common property

This amendment omits a reference to common property, in the context of ‘the lot or the common property’, which is redundant because common property must comprise a lot. The mention of lot is sufficient.

This amendment substitutes the heading to the section to omit a reference to common property and substitute ‘lot’. The section provides for the use of lots, including lots that do not comprise common property. Common property must comprise a lot, therefore, the mention of lot is sufficient.

or the common property

This amendment omits references to common property, in the context of ‘another lot or the common property’, which are redundant because common property must comprise a lot. The mention of lot is sufficient.

• Territory owned corporation

This amendment omits a redundant reference to a term that is no longer used in the Act.

or common property

This amendment omits a reference to common property, in the context of ‘a lot or common property’, which are redundant because common property must comprise a lot. The mention of lot is sufficient.

the common property

the lot

This amendment omits a reference to common property, in the context of ‘an easement over the common property’, and substitutes ‘lot’. Common property must comprise a lot and, for the purpose of the definition of eligible person, there is no difference between lots that are common property and lots that are not common property.

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:

• Magistrates Court

• notifiable instrument (see s 10)

• penalty unit (see s 133)

• Supreme Court.

This amendment inserts dictionary notes in accordance with current legislative drafting practice.

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

This amendment brings the paragraph into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.

The Domestic Violence Prevention Council is established.

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

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

This amendment adds a standard note about the powers of an entity.

The Minister must appoint a Domestic Violence Project Coordinator.

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).

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

This amendment brings the section into line with current legislative drafting practice. In particular, it omits a reference to the appointment being in writing because the Legislation Act, section 206 requires appointments to be made or evidenced in writing. Standard notes about appointments are also added.

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 of entity).

This amendment adds a standard note about the powers of an entity.

The coordinator must be appointed—

(a) for a term not longer than 3 years; and

(b) on terms and conditions stated in the instrument of appointment unless otherwise provided for in this Act or another territory law.

This amendment brings the section into line with current legislative drafting practice. The amendment omits the note on resignation. That note is inserted with the termination provision by another amendment.

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

This amendment inserts a note on resignation with the relevant termination provision.

This amendment omits an unnecessary provision. The Legislation Act, section 209 provides for the making of acting appointments. A standard note about acting appointments has been is included in section 11 by another amendment.

(1) The coordinator, or a person acting under the direction of the coordinator, is not personally liable for anything done, or omitted to be done honestly and without recklessness—

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

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

(2) Any liability that would, apart from this section attach to the coordinator, or a person acting under the direction of the coordinator, attaches instead to the Territory.

This amendment simplifies the language of the provision to bring it more closely into line with current legislative drafting practice.

, in writing,

Section 17 provides for the Minister to approve crisis support organisations and provides that an approval is a disallowable instrument. 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 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:

• police officer

• public servant

• statutory office-holder

• territory law.

This amendment inserts 2 standard notes in the dictionary.

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

• may (see s 146)

• must (see s 146)

• person

• Territory law.

This amendment brings the dictionary notes in line with current legislative drafting practice.

(3) A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—

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

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

(4) Any liability that would, apart from this section, attach to a person attaches instead to the Territory.

This amendment brings the language and structure of the subsections more closely into line with current legislative drafting practice.

(2) A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—

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

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

(3) Any liability that would, apart from this section, attach to a person attaches instead to the Territory.

This amendment brings the language and structure of the subsections more closely into line with current legislative drafting practice.

(1) The construction occupations registrar may appoint a person to be an inspector for this Act.

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).

This amendment brings the language of existing section 41 (1) into line with current legislative drafting practice and adds standard notes about appointments. It also omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (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.

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

This amendment inserts a standard note to help users of the legislation.

• planning and land authority

This amendment inserts a reference to a term used in the Act.

approved first seller, for part 3 (Prescribed articles of electrical equipment)—see section 9.

This amendment updates the dictionary by including a signpost definition for a term defined for part 3.

; and

; or

This amendment substitutes the correct conjunction for the definition to bring the definition into line with current legislative drafting practice.

business premises, for part 7 (Enforcement)—see section 37.

connected with, for part 7 (Enforcement)—see section 38 (1).

corresponding law, for part 3 (Prescribed articles of electrical equipment)—see section 9.

declaration of compliance, for part 3 (Prescribed articles of electrical equipment)—see section 9.

This amendment updates the dictionary by including signpost definitions for terms defined for part 3 and part 7.

inspector means a person appointed as an inspector under section 41.

This amendment is consequent on the remaking of section 41 (1) by another amendment.

offence, for part 7 (Enforcement)—see section 38 (2).

This amendment updates the dictionary by including a signpost definition for a term defined for part 7.

prohibited, in relation to an article of electrical equipment, means an article that is prohibited under section 28 (1).

This amendment brings the definition into line with current legislative drafting practice, replacing a signpost definition with a more accurate definition of the term.

relevant distributor, for part 6 (Serious electrical accidents)—see section 32.

relevant safety standard, for part 3 (Prescribed articles of electrical equipment)—see section 9.

serious electrical accident, for part 6 (Serious electrical accidents)—see section 32.

This amendment updates the dictionary by including signpost definitions for terms defined for part 3 and part 6.

This amendment omits a redundant provision. The section requires the Minister to review the operation of the Act and to table a report on the outcome of the review in the Legislative Assembly. The report was tabled in the Legislative Assembly on 22 June 2004.

This amendment omits a redundant provision. The term is defined by reference to the Income Tax Assessment Act 1936 (Cwlth) which no longer defines the term. Also, the term is not otherwise used in the Environment Protection Act. The term is used in the Environment Protection Regulation 2005 and a separate amending regulation will define the term for the regulation.

This amendment omits redundant provisions. Section 67 displaces the operation of the Legislation Act, section 47 which provides that laws or instruments applied, adopted or incorporated by an Act, regulation or disallowable instrument must be notified on the legislation register. If the operation of section 47 is displaced, the laws or instruments need not be published on the register. Subsection (1) (d) refers to the Ozone Protection Act 1989 (NSW) and subsection (2) (c) to the Civil Aviation Regulations 1988 (Cwlth). Neither piece of legislation is otherwise referred to in the Environment Protection Act 1997 or the regulation.

This amendment omits redundant definitions. The terms are not otherwise used in the regulation.

and to have been attested by a person other than a person referred to in section 17

This amendment omits a redundant cross-reference to section 17. That provision was omitted by the Justice and Community Safety Legislation Act 2005 (No 2).

(1) Application may be made to the administrative appeals tribunal for review of a release restraint determination.

(2) The chief executive must give notice of a release restraint determination to each person affected by the determination.

(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 remakes existing section 10 as new subsection 10 (1) and adds standard provisions about giving notice of reviewable decisions.

(1) In this Act—

(a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods under a supply of the goods; and

(b) a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services; and

(c) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services (or both); and

(d) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services (or both); and

(e) a reference to the resupply of goods acquired from a person includes a reference to—

(i) a supply of the goods (the first goods) to another person in an altered form or condition; and

(ii) a supply to another person of goods in which the first goods have been incorporated; and

(f) a reference to the disposal or acquisition of an interest in land includes a reference to—

(i) an agreement to dispose of or acquire the interest; and

(ii) the disposal or acquisition of the interest together with goods.

(2) For this Act:

(a) the obtaining of credit by a person for the acquisition of goods or services by the person is an acquisition by the person of services; and

(b) any amount by which the price of the goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit.

This amendment brings the form of the definitions more closely into line with current legislative drafting practice.

In this Act:

In this division:

This amendment revises the opening words of section 25C (1) because the term pyramid selling scheme is used only in division 2.2.

legal practitioner

lawyer

This amendment updates language in line with current legislative drafting practice.

in pursuance of

following

This amendment updates language in line with current legislative drafting practice.

in good faith

honestly

This amendment updates language in line with current legislative drafting practice.

, on or after the commencing date,

This amendment omits words that are now redundant. The commencement date was 1 January 1993.

, being

that are

This amendment updates language in line with current legislative drafting practice.

, without limiting the generality of the foregoing,

This amendment omits redundant words in line with current legislative drafting practice.

, being interests

that are interests

This amendment updates language in line with current legislative drafting practice.

or information of a kind, so specified, being information that is in the possession of the person to whom the order is directed or to which that lastmentioned person has access

or information of a stated kind that is in the possession of, or available to, the person to whom the order is directed

This amendment brings the language more closely into line with current legislative drafting practice.

(4) An order under this section must not be expressed to operate for a period longer than 30 days if the order is made on an application that was made in the absence of a party to the proceeding.

This amendment updates language in line with current legislative drafting practice.

Note See s 7 for a more detailed definition of acquisition.

This amendment inserts a note to help users of the legislation.

, and proposed covenant has a corresponding meaning

This amendment omits words that are redundant. The term proposed covenant is not used in the Act.

disposal—see section 7.

resupply—see section 7.

This amendment inserts definitions of terms defined in section 7 for the Act.

and without limiting the generality of the foregoing, includes

including

This amendment updates language in line with current legislative drafting practice.

benefits being the supply

benefits comprising the supply

This amendment updates language in line with current legislative drafting practice.

Note See s 7 for a more detailed definition of supply.

This amendment inserts a note to help users of the legislation.

(2) This section does not apply

(3) This section does not apply

This amendment corrects the numbering of the subsection.

, 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.

(2) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

This amendment brings language into line with current legislative drafting practice.

(2) To remove any doubt, each of the following is a health professional:

(a) a chiropractor;

(b) a dental hygienist;

(c) a dental prosthetist;

(d) a dental technician;

(e) a dental therapist;

(f) a dentist;

(g) an enrolled nurse;

(h) a medical practitioner;

(i) a medical radiation scientist;

(j) a midwife;

(k) a nurse;

(l) an optometrist;

(m) an osteopath;

(n) a pharmacist;

(o) a physiotherapist;

(p) a podiatrist;

(q) a psychologist;

(r) a veterinary surgeon.

This amendment updates the section to add references to a chiropractor, a medical radiation scientist and an osteopath so that the list includes every health profession regulated under the Act.

This amendment omits a provision that requires judicial notice to be taken of the commission’s seal on a document. It is unnecessary because the Evidence Act 1995 (Cwlth), section 150 provides that if the imprint of a seal appears on a document and purports to be the imprint of the seal of a stated kind of body, including a body created under a Territory law, it is presumed that the imprint is the imprint of that seal and that the document was duly sealed. The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.

This amendment omits a provision that gives the commission powers that are necessary and convenient for the exercise of its functions. It is redundant because the Legislation Act, section 196 provides that 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. A note to that effect is included for the section by another amendment.

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

This amendment brings the section into line with current legislative drafting practice. In particular, existing subsection (2) (c), which gives the commission the powers that are necessary and convenient for the exercise of its functions, is omitted because the Legislation Act, section 196 provides that 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. A note to that effect is inserted by the amendment.

Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

This amendment adds a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

(2) However, the commission must not delegate—

(a) its function of making price directions, reports or providing advice about proposed access agreements; and

(b) if the commission is conducting an arbitration—its function of making a determination in relation to the arbitration

This amendment updates language in line with current legislative drafting practice.

(1) A person is not personally 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 was in the exercise of a function under this Act.

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

This amendment brings the language and structure of the section more closely into line with current legislative drafting practice.

(1) A person who is or has been a member of an industry panel is not personally 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 was in the exercise of a function under this Act.

(2) Any liability that would, apart from this section, attach to a person who is or has been a member of an industry panel attaches instead to the Territory.

(3) A person who is or has been a party to an application or a representative of a party is not personally liable for anything done, or omitted to be done, honestly and without recklessness, as a party to an application or a representative of a party.

This amendment brings the language and structure of the section more closely into line with current legislative drafting practice.

in good faith

honestly

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

performance

exercise

This amendment brings the language into line with current legislative drafting practice. Exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function.

For the avoidance of doubt,

To remove any doubt,

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

(1) The Executive must appoint the following commissioners (standing commissioners):

(a) 1 senior commissioner;

(b) 2 assistant commissioners.

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

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

(1A) The instrument making or evidencing the appointment must state whether a standing commissioner is appointed as a senior commissioner or assistant commissioner.

(2) A standing commissioner holds office (subject to this Act) for a term not longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).

This amendment remakes the provisions in accordance with current legislative drafting practice. It omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1). The amendment also adds standard notes about appointments.

The existing reference to holding office for the period specified in the instrument of appointment is omitted. It is unnecessary because the Legislation Act, section 206 (2) provides that if a law provides for a maximum period of appointment, the instrument of appointment must state the period for which the appointment is made.

The existing reference to eligibility for reappointment is unnecessary because the Legislation Act, section 208 (1) (c) provides that if a person is eligible for appointment the person may be reappointed. A standard note about reappointment is added.

This provision is redundant. The Legislation Act, section 212 provides that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment.

(6) A commissioner ceases to hold office if the commissioner becomes bankrupt or executes a personal insolvency agreement.

This amendment brings the provision into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.

This provision is redundant. The Legislation Act, section 209 provides that a power of appointment includes power to make an acting appointment during any period when an appointee cannot for any reason exercise functions of the position. The Legislation Act, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.

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

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

Note 3 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 of appoint).

The amendment adds standard notes about appointments.

This provision is redundant. The Legislation Act, section 212 provides that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment. The Legislation Act, section 199 (5) provides that the function of a body may still be exercised if there is a vacancy in the body’s membership.

(6) A member of a panel ceases to hold office if the member becomes bankrupt or executes a personal insolvency agreement.

This amendment brings the provision into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.

access provider, for part 6 (Arbitration of access regime disputes)—see section 30.

eligible person, for part 4C (Review of price directions)—see section 24J.

This amendment adds signpost definitions for terms defined in the Act.

price direction—

(a) for this Act generally, means a direction under section 20 about prices for the provision of regulated services, as varied (if at all) under part 4B (Variation of price directions); and

(b) for part 4C (Review of price directions)—see section 24J.

This amendment adds a signpost definition for the term in part 4C.

third party, for part 6 (Arbitration of access regime disputes)—see section 30.

This amendment adds a signpost definition for the term.

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:

• Commonwealth

• Executive

• Federal Court

• notifiable instrument (see s 10)

• Supreme Court.

This amendment inserts dictionary notes in accordance with current legislative drafting practice.

This amendment omits a redundant definition. Federal Court is defined in the Legislation Act, dict, pt 1.

This amendment inserts a note to make it clear that, in accordance with the definition of jurisdiction in the dictionary, another jurisdiction is a State or another Territory.

unlawful game—see the Unlawful Games Act 1984, dictionary.

This amendment is consequential on the insertion of a new dictionary into the Unlawful Games Act 1984 by another amendment.

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 of entity).

This amendment adds a standard note about the powers of an entity and is consequential on the omission of section 12 by another amendment.

This amendment omits an unnecessary section. The Legislation Act, section 196 provides that a provision of law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A standard note about necessary and convenient powers is added to section 11 by another amendment.

, in writing,

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

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

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

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

This amendment adds standard notes about appointments.

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

This amendment brings the paragraph into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.

(4) The registrar may delegate the registrar’s functions under this Act to a public servant.

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

This amendment updates the delegation provision and adds a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

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

This amendment adds a standard note about appointments.

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

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

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

This amendment adds standard notes about appointments.

perform the duties

exercise the functions

This amendment brings language into line with current legislative drafting practice by substituting the current drafting terms. Exercise a function is defined in the Legislation Act dictionary, part 1 to include perform the function. Function is defined to include authority, duty and power.

This amendment brings language into line with current legislative drafting practice by omitting a reference to ‘duties’. Function is defined in the Legislation Act, dictionary, part 1, to include duty.

inspector means an inspector appointed under section 132.

This amendment defines the term for part 12 (Private psychiatric institutions).

(1) The Minister may appoint a person as an inspector for this part.

(2) An inspector must exercise functions for this part that the chief psychiatrist directs.

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

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

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

This amendment brings the section into line with current legislative drafting practice. In particular, it omits a reference to the appointment being ‘by instrument’ because the Legislation Act, section 206 requires appointments to be made or evidenced in writing. Standard notes about appointments are also added.

, in writing,

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

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

This amendment adds a standard note about approved forms.

inspector, for part 12 (Private psychiatric institutions)—see section 123.

This amendment inserts a signpost definition, consequent on the insertion of a new definition by another amendment.

, as the case may be

This amendment omits redundant language and brings the provision more closely into line with current legislative drafting practice.

in writing

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

, in writing,

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

This amendment omits the definitions, consequent on the insertion of a new definition into section 11 (4) by another amendment.

DFY means the number of days in the financial year in which the group period falls or in the group year.

This amendment inserts a new definition of the term, consequent on the omission of the definition of this term from section 11 (3) by another amendment. It also omits a reference to ‘as the case requires’ to bring the definition into line with current legislative drafting practice.

, as the case requires,

This amendment omits redundant language and brings the provision more closely into line with current legislative drafting practice.

, as the case requires

This amendment omits redundant language and brings the language more closely into line with current legislative drafting practice.

in writing

This amendment omits redundant language and brings the language more closely into line with current legislative drafting practice.

section 16 (1)

section 7

This amendment updates a cross-reference to a provision in the Payroll Tax 1987 that was inserted by the Revenue Legislation Amendment Act 2006, section 23.

This amendment relocates the definitions to a new dictionary that is inserted by another amendment.

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)).

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.

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

• Executive

• penalty unit (see s 133)

• prescribed.

This amendment inserts a new dictionary in accordance with current legislative drafting practice.

(b) a person who would have been wholly or partly dependent for economic support on the victim’s income at the time of the victim’s death but for the incapacity of the victim because of the criminal injury that resulted in the victim’s death; or

This amendment brings the language and structure of the definition more closely into line with current legislative drafting practice.

This amendment relocates the definitions to a new dictionary that is inserted by another amendment.

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

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

For example, the signpost definition ‘criminal injury—see section 4.’ means that the term ‘criminal injury’ 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.

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

Each of the following is a violent crime:

(a) an offence against a section of the Crimes Act 1900 mentioned in table 3, column 2;

(b) an offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery);

(c) an offence against any other law prescribed by regulation.

This amendment updates the section by omitting references to sections 45 and 182 of the Crimes Act 1900 that are no longer in force and bringing the language and structure of the section into line with current legislative drafting practice.

This amendment omits a redundant provision. The section required the Minister to commission an independent review of the operation of the Act and to table a report on the outcome of the review in the Legislative Assembly. The report was tabled to the Legislative Assembly on 7 March 2002.

, 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 adds a standard note about approved forms.

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

• chief officer (fire brigade)

• chief officer (rural fire service)

• Criminal Code

• fire brigade

• individual

• Magistrates Court

• person

• Supreme Court

• the Territory.

amount of financial assistance—see section 5 (2) (c).

applicant—see section 5 (2) (a).

application—see section 5 (2) (b).

assisted person—see section 52.

convicted—see section 6 (2) (a).

conviction—

(a) for this Act generally—see section 6 (2) (b); and

(b) for part 5 (Compensation levy)—see section 67.

defendant—see section 52.

levy—for part 5 (Compensation levy)—see section 65.

notice of objection—see section 52.

order for restriction—see section 52.

provisional order for restriction—see section 52.

recovery proceedings—see section 52.

related crime—see section 52.

This amendment inserts a new dictionary in accordance with current legislative drafting practice. It includes signpost definitions for defined terms that are not included in the existing interpretation section.

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.