2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Animal Diseases Act 2005 3

Part 1.2 Cemeteries and Crematoria Act 2003 3

Part 1.3 Government Procurement Act 2001 4

Part 1.4 Legal Profession Act 2006 5

Part 3.1 Adoption Act 1993 8

Part 3.2 Animal Diseases Regulation 2006 14

Part 3.3 Animal Welfare Act 1992 15

Part 3.4 Architects Act 2004 20

Part 3.5 Associations Incorporation Regulation 1991 21

Part 3.6 Auditor-General Act 1996 22

Part 3.7 Board of Senior Secondary Studies Act 1997 25

Part 3.8 Boxing Control Act 1993 25

Part 3.9 Canberra Institute of Technology Act 1987 26

Part 3.10 Cemeteries and Crematoria Act 2003 26

Part 3.11 Civil Law (Sale of Residential Property) Act 2003 27

Part 3.12 Civil Law (Wrongs) Act 2002 27

Part 3.13 Clinical Waste Act 1990 28

Part 3.14 Commercial Arbitration Act 1986 32

Part 3.15 Community Title Act 2001 35

Part 3.16 Construction Occupations (Licensing) Act 2004 35

Part 3.17 Consumer Credit (Administration) Act 1996 36

Part 3.18 Contractors Debts Act 1897 38

Part 3.19 Crimes (Child Sex Offenders) Act 2005 41

Part 3.20 Crimes (Sentence Administration) Act 2005 41

Part 3.21 Cultural Facilities Corporation Act 1997 42

Part 3.22 Dangerous Substances Act 2004 42

Part 3.23 Duties Act 1999 43

Part 3.24 Emergencies Act 2004 46

Part 3.25 Exhibition Park Corporation Act 1976 47

Part 3.26 Financial Management Act 1996 47

Part 3.27 Food Act 2001 48

Part 3.28 Gambling and Racing Control Act 1999 48

Part 3.29 Gaming Machine Act 2004 49

Part 3.30 Gas Safety Act 2000 50

Part 3.31 Guardianship and Management of Property Act 1991 51

Part 3.32 Health Professionals Regulation 2004 51

Part 3.33 Hemp Fibre Industry Facilitation Act 2004 52

Part 3.34 Human Rights Commission Act 2005 52

Part 3.35 Interactive Gambling Act 1998 53

Part 3.36 Juries Act 1967 53

Part 3.37 Legal Profession Act 2006 54

Part 3.38 Long Service Leave (Building and Construction Industry) Act 1981 55

Part 3.39 Long Service Leave (Contract Cleaning Industry) Act 1999 56

Part 3.40 Nature Conservation Act 1980 58

Part 3.41 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 59

Part 3.42 Ombudsman Act 1989 59

Part 3.43 Planning and Development Act 2007 61

Part 3.44 Planning and Development Regulation 2008 69

Part 3.45 Public Trustee Act 1985 70

Part 3.46 Race and Sports Bookmaking Act 2001 71

Part 3.47 Radiation Protection Act 2006 72

Part 3.48 Registrar-General Act 1993 72

Part 3.49 Remuneration Tribunal Act 1995 73

Part 3.50 Residential Tenancies Act 1997 74

Part 3.51 Road Transport (Driver Licensing) Regulation 2000 77

Part 3.52 Road Transport (General) Regulation 2000 78

Part 3.53 Spent Convictions Act 2000 79

Part 3.54 Superannuation (Legislative Assembly Members) Act 1991 79

Part 3.55 Supervised Injecting Place Trial Act 1999 80

Part 3.56 Territory Records Act 2002 81

Part 3.57 Training and Tertiary Education Act 2003 82

Part 3.58 Utilities Act 2000 83

Part 3.59 Victims of Crime (Financial Assistance) Act 1983 84

Part 3.60 Victims of Crime Regulation 2000 86

Part 3.61 Witness Protection Act 1996 86

Part 3.62 Workers Compensation Act 1951 87

Part 3.63 Workers Compensation Regulation 2002 87

2008

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 2008.

This Act commences on the 14th 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 to 3.

(e) if there are restrictions on sale in the ACT of an animal, animal product or other thing that has, at any time during a stated period, been in the area—those restrictions; and

Section 21 sets out the matters that must be included in a quarantine declaration under section 19 or section 20. This amendment makes paragraph (e) more precise by ensuring that if there are no restrictions on sale, the declaration does not need to include anything about restrictions on sale.

(b) any other charitable purpose approved by the Minister.

Section 9 (3) establishes a perpetual care trust for the maintenance of cemeteries and crematoria (see section 9 (3) (a)) and for any other purpose approved by the Minister (see section 9 (3) (b)). This amendment confirms that the Minister may approve only charitable purposes.

(1) This section applies if a perpetual care trust is dissolved.

(2) The amount remaining after payment of any debts and expenses of the trust must be transferred to another perpetual care trust, or another fund, that is—

(a) established for a charitable purpose; and

(b) endorsed as exempt from income tax under the Income Tax Assessment Act 1997 (Cwlth), subdivision 50-B (Endorsing charitable entities as exempt from income tax).

This amendment provides for the distribution of the assets of a perpetual care trust if the trust is dissolved.

7

9

This amendment is consequential on another amendment that increases the membership of the Government Procurement Board to 9 members.

(c) 3 public employee members;

(d) 4 non-public employee members.

This amendment increases the membership of the Government Procurement Board to 9 members, comprising 5 public employee members (including the chair and deputy chair) and 4 non-public employee members.

(1) The costs of an examination are payable—

(a) for an examination under section 241 (1)—by the law practice that appointed the external examiner; and

(b) for an examination under section 241 (2)—out of the fidelity fund.

(2) However, for an examination under section 241 (2), the licensing body may decide—

(a) that all or part of the costs of the examination are payable by the law practice to the licensing body; and

(b) the amount payable.

This amendment corrects the Legal Profession Act 2006, section 249 (1) in relation to the costs of an external examination under that Act, subdivision 3.1.3.2 (External examinations). If a law practice appoints an external examiner under the Legal Profession Act 2006, section 241 (1) to examine its trust records, the law practice must pay the costs of the examination. However, if the licensing body appoints an external examiner under the Legal Profession Act 2006, section 241 (2) to examine a law practice’s trust records, the costs of the examination are payable out of the fidelity fund. The amount paid out of the fidelity fund is a debt owing to the licensing body by the law practice that has been examined.

The Legal Profession Regulation 2007 was amended on 1 April 2008 to include a modification of the Legal Profession Act 2006 to achieve the same effect as proposed section 249 (1). The modification will expire on the commencement of this Act, section 5.

To date, no claims for costs of an examination under section 241 (1) to be paid out of the fidelity fund have been made under section 249 (1).

Section 249 (2) is consequentially amended to make it clear that it applies to an examination under section 241 (2). The amendment also omits the existing note, which is not needed for section 249 (2).

territory authority means a body established for a public purpose under an Act, but does not include a body declared by regulation not to be a territory authority.

This amendment makes clear that, for a body to be a territory authority, it must be established under an Act for a public purpose.

adoption order means an order for the adoption of a child under section 9.

This amendment remakes the definition as a consequence of other amendments omitting redundant references to provisions of repealed laws.

charitable organisation means a body carried on for a charitable, benevolent, philanthropic or religious purpose, other than a body carried on for the financial benefit of its members.

child means an individual who is—

(a) under 18 years old; or

(b) 18 years or older but for whom an adoption order is sought or has been made.

general consent means a general consent under section 29 (2).

instrument of consent means an instrument of consent to an adoption under section 30.

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

interim order means an order under section 50.

This amendment remakes the definition as a consequence of other amendments omitting redundant references to provisions of repealed laws.

limited consent means a limited consent under section 29 (3).

principal officer, for a private adoption agency, means the person stated as its principal officer in—

(a) its application for approval under section 81; or

(b) its latest notification to the chief executive under section 83.

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

relative, of a child, means a grandparent, brother, sister, uncle or aunt of the child, whether or not the relationship is—

(a) traced through birth or depends on adoption; or

(b) for a brother or sister—of the whole blood or half-blood.

This amendment remakes the definition to incorporate the substance of existing section 4 (2) (which is omitted by another amendment) in an updated form as paragraphs (a) and (b) of the definition.

This amendment is consequential on the omission, by other amendments, of redundant references to repealed laws.

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 in this Act.

For example, the signpost definition ‘adoptive relative, for part 5 (Access to information)—see section 58.’ means that the term ‘adoptive relative’ 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.

The definitions in existing section 4 (1) are updated and relocated to the dictionary by other amendments.

Existing section 4 (2) is remade in an updated form as part of the definition of relative by another amendment.

Existing section 4 (3) provides that, unless the contrary intention appears, a reference to the birth or adoptive parents of a child, or to applicants, if there is only 1 birth or adoptive parent, or 1 applicant, is a reference to that birth or adoptive parent or that applicant. This provision is unnecessary because the Legislation Act, section 145 provides to the same effect.

Note See approved form 3.29 (Notice of application for adoption order), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

Note See approved form 3.36 (Notice of application for discharge of adoption order), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

Note See approved form 3.31 (Application for dispensing with consent to adoption), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

(6) In this section:

repealed laws means the following Acts or the Ordinances repealed by any of the following Acts:

(a) Adoption of Children Act 1965;

(b) Adoption of Children Act 1974;

(c) Adoption of Children (Amendment) Act 1979;

(d) Adoption of Children (Amendment) Act 1983;

(e) Adoption of Children (Amendment) Act 1988;

(f) Adoption of Children (Amendment) Act 1991.

This amendment is consequential on the omission, by another amendment, of the definition of repealed laws in the general interpretation provision. As a consequence of the omission of redundant references to repealed laws in other amendments, section 44 (4) is the only provision that refers to repealed laws.

This amendment omits a transitional provision which is redundant because of the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc).

Existing section 120 (1) deals with orders and proceedings made or begun before the commencement of the Act.

Existing section 120 (2) deals with consents for adoption given before the commencement of the Act.

Existing section 120 (3) and (4) deals with the application of the Act, section 43 and section 44 to an adoption order made under the repealed laws and the effect of disposition of property in relation to an adoption order made under the repealed laws.

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

• administrative unit

• chief executive (see s 163)

• contravene

• document

• domestic partner (see s 169 (1))

• Executive

• file

• function

• instrument (see s 14)

• proceeding

• Supreme Court.

adoptive relative, for part 5 (Access to information)—see section 58.

associated person, for part 5 (Access to information)—see section 58.

birth parent, for part 5 (Access to information)—see section 58.

birth relative, for part 5 (Access to information)—see section 58.

country, for part 4 (Recognition of adoptions)—see section 53.

identifying information, for part 5 (Access to information)—see section 58.

information, for part 5 (Access to information)—see section 58.

relevant authority, for part 5 (Access to information)—see section 58.

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

reasonably suspects

suspects on reasonable grounds

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

reasonably believes

believes on reasonable grounds

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

(1) The animal ethics committee must give a person who holds an authorisation an identity certificate stating the person’s name and that the person is an authorisation holder.

Note If a form is approved under s 110A for an identity certificate, the form must be used.

This amendment is consequential on the replacement of authorised person with authorisation holder by another amendment.

(6) For this section, if a person holds more than 1 authorisation, the person stops being an authorisation holder only if each authorisation that the person holds is suspended or cancelled, or has been surrendered, under this Act.

This amendment is consequential on the replacement of authorised person with authorisation holder by another amendment.

(1) A person is not personally liable for conduct done honestly and without recklessness—

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

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

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

(3) In this section:

conduct means an act or an omission to do an act.

This amendment replaces the current indemnity provision with a protection from liability provision in line with current legislative drafting practice.

(1A) This section applies to a person holding any of the following positions:

(a) inspector (other than a police officer);

(b) authorised officer;

(c) the authority;

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

This amendment inserts a new provision consequential on the omission of the definition of authorised person in section 78 by another amendment.

an authorised person

the person

This amendment omits the reference to ‘authorised person’ as a consequence of the omission of the definition of authorised person in section 78 by another amendment.

an authorised person

a person to whom this section applies

This amendment omits the reference to ‘authorised person’ as a consequence of the omission of the definition of authorised person in section 78 by another amendment.

This amendment omits the definition of authorised person to help distinguish references to people to whom section 78 applies from references to ‘authorised officers’ appointed under section 77 and authorisation holders under the Act generally.

authorisation holder means the holder of an authorisation.

This amendment is consequential on the replacement of authorised person with authorisation holder by another amendment.

This amendment is consequential on the replacement of authorised person with authorisation holder by another amendment.

These amendments are to provide for more precise references to the holders of research or teaching authorisations, and to help distinguish them from references to authorised officers appointed under section 77.

(a) the individual is bankrupt, has executed a personal insolvency agreement or is otherwise applying to take the benefit of any law for the relief of bankrupt or insolvent debtors;

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.

(a) the person becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

(d) if the member becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors.

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.

These provisions are redundant. The Legislation Act, section 199 (5) provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership. 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.

For these rules, the association may serve a notice on a member by sending it by post to the member at the member’s address shown in the register of members.

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

This amendment brings the section into line with current legislative drafting practice. In particular, it omits subsection (2), which dealt with how a document under subsection (1) may be served, and replaces it with a standard note about service of documents.

(1) A protected person is not personally liable for conduct 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 conduct 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 protected person attaches instead to the Territory.

(3) In this section:

conduct means an act or an omission to do an act.

protected person means a person who is or has been—

(a) the auditor-general; or

(b) a member of the staff of the auditor-general.

This amendment replaces the current indemnity provision with a protection from liability provision in line with current legislative drafting practice.

(2) The Executive must remove the auditor-general from office if the auditor-general becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors.

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.

shall

must

• section 4

• section 6

• section 8 (first mention)

• section 11

• section 13

• section 18

• section 23

• sections 29 to 31

• schedule 1, section 1

• schedule 1, section 5

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

shall

may

• section 8 (2nd mention)

• section 12

• section 22

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

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

(5) Compliance with the code of practice (if any) is a condition of an approval.

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

This amendment omits a reference to a decision that the Minister cannot make under the Act, section 8 (1).

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

the report

the statement or report

This amendment makes the terminology of section 19 (1) (c) and (2) consistent with section 19 (1) (b), which refers to a statement or report under section 9 (1) (h) (ii), (iii) or (iv).

(e) becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

subject to section 24,

This amendment restructures the section to bring it more closely into line with current legislative drafting practice.

(3A) This section is subject to section 24.

This amendment inserts a subsection to bring the section more closely into line with current legislative drafting practice.

(1) This section applies if a licensee—

(a) is found guilty of an offence against this Act; or

(b) contravenes a condition of the licence; or

(c) contravenes a requirement in the manual.

(2) If the controller believes on reasonable grounds that it is necessary to do so in the interests of the health or safety of any person affected by the licensee’s activities, the controller may, by written notice to the licensee—

(a) suspend the licence for a stated period of not longer than 6 months; or

(b) cancel the licence.

(3) The suspension or cancellation of the licence takes effect—

(a) on the day the notice of the suspension or cancellation is given to the licensee; or

(b) if a later day is stated in the notice—the later day.

(4) This section is subject to section 24.

This amendment restructures the section to bring it more closely into line with current legislative drafting practice.

(1) This section applies if—

(a) a licensee—

(i) is found guilty of an offence under this Act; or

(ii) contravenes a condition of the licence; or

(iii) contravenes a requirement in the manual; and

(b) the controller believes on reasonable grounds that it is necessary, to prevent or remove an imminent risk of death, serious illness or serious injury to a person (whether identified or not), to suspend the licence.

(2) The controller may, by written notice to the licensee, suspend the licence for a stated period of not longer than 6 months.

(3) The suspension takes effect on the day the notice is given to the licensee.

This amendment restructures the section to bring it more closely into line with current legislative drafting practice.

(d) under section 23 (2) (a) or section 25 (2) to suspend a licence; or

(e) under section 23 (2) (b) to cancel a licence.

This amendment is consequential on other amendments.

with such assistance and by such force as is necessary and reasonable

with any assistance and force that is necessary and reasonable

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

clinical waste means any of the following, other than waste the treatment of which is completed in accordance with the manual:

(a) waste consisting of a catheter, hypodermic needle, intravenous set, pipette or scalpel;

(b) waste consisting of any other instrument or object that has been used in the taking of blood, the testing, processing or handling of blood or blood products, the investigation of human or animal diseases or in analysis or research that involves the use of tissue or fluid specimens, whether human or animal;

(c) sanitary waste that originates from or has been in contact with a person who has a transmissible notifiable condition within the meaning of the Public Health Act 1997;

(d) waste resulting from the investigation or analysis of tissue or fluid specimens, whether human or animal;

(e) biological or chemical waste resulting from the investigation of human or animal diseases;

(f) waste derived from a prescribed activity, being waste that includes or included human blood, or animal blood in any form other than food waste;

(g) human or animal tissue or body fluids, removed during surgery or an autopsy;

(h) waste consisting of a cytotoxic substance or waste that is, or is likely to be, contaminated by a cytotoxic substance;

(i) waste consisting of anything that has been in contact with waste mentioned in a previous paragraph;

(j) waste derived from the preparation of a human body for burial or cremation;

(k) waste declared by the Minister under section 3 (Declarations of clinical waste and prescribed activity) to be clinical waste.

This amendment restructures the definition to bring it more closely into line with current legislative drafting practice.

shall do so forthwith

must do so

This amendment updates language in line with current legislative drafting practice and the Legislation Act, section 151B (Doing things for which no time is fixed).

forthwith

This amendment updates language in line with current legislative drafting practice and the Legislation Act, section 151B (Doing things for which no time is fixed).

(1) Unless a contrary intention is expressed in an arbitration agreement, a party to the agreement, or the arbitrator or umpire, may apply to the court for an order under this section against a person who—

(a) fails to appear before the arbitrator or umpire when required by subpoena or the arbitrator or umpire; or

(b) as a witness, fails to do any of the following when required by the arbitrator or umpire:

(i) take an oath;

(ii) make an affidavit;

(iii) answer a question;

(iv) produce a document or thing;

(v) any other thing.

(1A) On the hearing of the application, the court may order the person to attend before the court—

(a) for examination; or

(b) to produce the document or thing; or

(c) to do the relevant thing.

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

subsection (1)

subsection (1A)

This amendment updates a cross-reference, consequential on the insertion of a new subsection by another amendment.

(3) Subsection (4) applies if a party to an arbitration agreement—

(a) fails to attend before the umpire or arbitrator for examination when required by subpoena or the arbitrator or umpire; or

(b) fails to comply with a requirement of the arbitrator or umpire within a stated time or, if no time is stated, a reasonable time.

(4) The umpire or arbitrator may continue an arbitration proceeding in a case mentioned in subsection (3) if, in a similar default in a proceeding before the Supreme Court, the court could continue the proceeding.

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

thereupon the arbitrator or umpire shall

on receiving the application, the arbitrator or umpire must

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

• oath

This amendment inserts a new term 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.

(5) The documents that comprise the scheme must comply with any requirement prescribed by regulation.

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

scheme—

(a) for this Act generally—means a community title scheme; and

(b) for division 12.2—see section 88.

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

(d) if the licensee is an individual—the licensee has executed 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.

(a) becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

or under the corresponding law of a State or of another Territory

This amendment omits a redundant cross-reference to a law of a State or Territory corresponding to the Corporations Act.

or under the corresponding law of a State or of another Territory

This amendment omits a redundant cross-reference to a law of a State or Territory corresponding to the Corporations Act.

• lawyer

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.

legal practitioner

lawyer

• section 29 (c)

• section 83

• section 98 (2)

• section 111 (2) (b)

• section 113 (3) (b)

• section 114 (3) (b) (ii)

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

chattel

article of property

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

(1) This section applies if—

(a) a court has given a certificate under section 3 to a plaintiff (the worker or tradesperson) in relation to an amount; and

(b) the amount is, or may become, payable to the defendant (the contractor) by a third person (the contractee) under a contract with the contractee for all or part of the work done, or materials supplied, by the worker or tradesperson.

(1A) The worker or tradesperson may claim the amount mentioned in the certificate from the contractee by serving on the contractee—

(a) a written notice of the debt; and

(b) a copy of the certificate.

Note 1 If a form is approved under s 15 for this provision, the form must be used.

Note 2 For how documents may be served, see the Legislation Act, pt 19.5.

This amendment restructures the subsection to bring it more closely into line with current legislative drafting practice.

at the time of service of the notice of debt

when the notice of debt is served

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

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

issues an originating process

starts a proceeding

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

action

proceeding

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

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

action

proceeding

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

This amendment is consequential on the remaking of section 4 (1) by another amendment.

reasonably satisfied

satisfied on reasonable grounds

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

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

(3) If a sample of a substance taken by an inspector is in the form of separate or severable objects, the inspector may—

(a) take a number of the objects; and

(b) divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and

(c) deal with the sample under subsection (2) (b) to (d).

This amendment restructures the subsection so that the introductory words clearly apply to all 3 paragraphs.

section 299

section 300

This amendment is consequential on the reordering of the Planning and Development Act 2007, sections 299 and 300 by other amendments.

This amendment is consequential on the renaming of the Financial Sector (Transfers of Business) Act 1999 (Cwlth) as the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth) by the Financial Sector Legislation Amendment (Restructures) Act 2007 (Cwlth), schedule 3, item 3.

FS (BTGR) Act means the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth).

This amendment is consequential on the renaming of the Financial Sector (Transfers of Business) Act 1999 (Cwlth) as the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth) by the Financial Sector Legislation Amendment (Restructures) Act 2007 (Cwlth), schedule 3, item 3.

FS (TB) Act

FS (BTGR) Act

This amendment is consequential on the substitution of a new definition of the Act by another amendment.

FS (TB) Act

FS (BTGR) Act

This amendment is consequential on the substitution of a new definition of the Act by another amendment.

FS (BTGR) Act, for part 3.6 (Voluntary transfers under Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth))—see section 115A.

This amendment is consequential on the substitution of a new definition of the Act by another amendment.

Financial Sector (Transfers of Business) Act 1999 (Cwlth)

Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth)

• dictionary, definition of asset

• dictionary, definition of business

• dictionary, definition of receiving body

• dictionary, definition of voluntary transfer

This amendment is consequential on the substitution of a new definition of the Act by another amendment.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

This amendment omits a redundant cross-reference to ‘trust’ and replaces it with ‘corporation’. The Act (formerly the National Exhibition Centre Trust Act 1976) was amended by the Financial Management Legislation Amendment Act 2005 to establish the Exhibition Park Corporation and to make consequential changes, including to the name of the Act.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

(3) If a sample of food taken by an authorised officer is in the form of separate or severable objects, the authorised officer may—

(a) take a number of the objects; and

(b) divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and

(c) deal with the sample under subsection (2) (b) to (d).

This amendment restructures the subsection so that the introductory words apply to all 3 paragraphs.

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

gaming officer—

(a) for this Act generally—means any of the following:

(i) a member of the governing board;

(ii) any other authorised officer;

(iii) anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a gaming law; and

(b) for division 4.4 (Secrecy)—see section 34.

This amendment amends the definition of gaming officer to include a signpost definition in the dictionary about the extended meaning of gaming officer in division 4.4.

(b) the individual is an undischarged bankrupt or has obligations under a personal insolvency agreement or, at any time in the last 5 years—

(i) was an undischarged bankrupt; or

(ii) executed a personal insolvency agreement; or

(iii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors;

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.

(3) A person is not personally liable for conduct done honestly and without recklessness—

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

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

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

(5) In this section:

conduct means an act or an omission to do an act.

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

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).

This amendment adds standard notes about appointments.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

(b) has executed a personal insolvency agreement; or

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.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

(h) the licensed provider is bankrupt, has executed a personal insolvency agreement or otherwise taken, or applied to take, advantage of any law relating to bankruptcy; or

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.

Note See approved form 1 (Jury precept), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

Note See approved form 2 (Jury summons), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

Note See approved form 3 (Warrant), approved under the Court Procedures Act 2004, s 8.

This amendment inserts a note to help users of the legislation find the relevant approved form under the Court Procedures Act 2004.

(a) $1 500 (exclusive of GST and disbursements); or

This amendment brings the section into line with the treatment of GST under section 272.

This amendment omits a paragraph that is redundant because there is no appeal under section 514 against the appointment of a receiver.

terminated

ended

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

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

designated day means—

(a) if the registered worker is taking long service leave—the day the leave begins; and

(b) if the registered worker is being paid instead of taking long service leave—the day the payment is made.

This amendment brings the definition of designated day into line with the Long Service Leave (Contract Cleaning Industry) Act 1999, section 78 (2) (the corresponding provision in that Act).

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).

This amendment inserts a standard note to assist users of legislation.

(2) In this section:

D means the number of days service credited to the registered worker in the workers register to which the payment relates.

designated day means—

(a) if the registered worker is taking long service leave—the day the leave begins; and

(b) if the registered worker is being paid instead of taking long service leave—the day the payment is made.

R is the highest of the weekly averages of the ordinary remuneration received by the registered worker during each of the following periods that applies to the worker:

(a) the most recent 2 quarters of service as a registered worker before the designated day;

(b) the most recent 4 quarters of service as a registered worker before the designated day;

(c) the most recent 20 quarters of service as a registered worker before the designated day;

(d) the most recent 40 quarters of service as a registered worker before the designated day.

Henry has worked in the cleaning industry for 7 years. The periods in paragraphs (a), (b) and (c) apply to Henry because he has completed more than 20 quarters (or 5 years), but less than 40 quarters (or 10 years), relevant service.

Henry’s average weekly income for the 2 quarters before the designated day is $283. His weekly averages for the 4 and 20 quarters before the designated day are $427 and $375, respectively. Accordingly, R is $427 because it is the highest of the weekly averages.

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 replaces employee with worker to bring it into line with the rest of the Act. It also brings the definition of designated day into line with the Long Service Leave (Building and Construction Industry) Act 1981, section 74 (2) (the corresponding provision in that Act), which is being amended by another amendment.

contractor

worker

This amendment replaces contractor with worker to be consistent with the terminology of the Act.

77

78

This amendment corrects a cross-reference.

serious harm—

(a) to a reserved area—

(i) for division 8.2 (Clearing native vegetation in reserved areas)—see section 75; and

(ii) for division 8.3 (Damaging land in reserved areas)—see section 84; and

(b) to a person—see the Criminal Code, dictionary.

This amendment combines 2 existing definitions of serious harm in the dictionary in line with current legislative drafting practice.

reasonably believes

believes on reasonable grounds

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

(1) This section applies if—

(a) the ombudsman forms the opinion that the action to which a complaint under this Act relates is such that—

(i) a complaint about the action, or an application or request for the action to be investigated or reviewed, could have been made to a statutory office-holder other than the ombudsman; and

(ii) the matter could be more conveniently or effectively dealt with by the statutory office-holder; and

(iii) it would otherwise be appropriate in all the circumstances for the complaint to be referred to the statutory office-holder; and

(b) the statutory office-holder consents to the reference.

(2) The ombudsman may decide not to investigate, or further investigate, the action.

(3) If the ombudsman decides not to investigate, or further investigate, the action, the ombudsman must refer the complaint, together with any relevant documents or information in the ombudsman’s possession or control, to the statutory office-holder.

(4) In this section:

statutory office-holder means the holder of an office established by a law of the Territory, the Commonwealth, a State or another Territory.

This amendment restructures the section in line with current legislative drafting practice to improve its clarity and readability. In particular, it ensures that existing section (1) (d), see new section (1) (b), follows on from the section’s headwords.

This amendment updates the heading to make it more explanatory and to bring it into line with the heading to section 6A.

(ix) whether the Minister has decided to establish an inquiry panel to inquire about an EIS for the development proposal to which the application relates;

Note Inquiry panels are established under pt 8.3.

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing subparagraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

if a panel conducts an inquiry

if an inquiry panel inquires

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing paragraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

This amendment omits redundant definitions. The terms are defined for the section but are not otherwise used in it.

This amendment omits an unnecessary paragraph. Section 139 applies to an application for development approval. Section 139 (2) (h) purports to impose information requirements on an application for approval of a development that is a lease variation to pay out land rent for land. However, the Act, section 7 (1), definition of development, paragraph (f) makes it clear that a variation that reduces the rent payable to a nominal rent is not development for the purposes of the Act. The pay out of land rent is dealt with under the Act, section 272A to section 273 so there are no circumstances in which section 139 (2) (h) can apply.

This amendment is consequential on the omission of section 139 (2) (h) by another amendment.

(a) to direct that an EIS be prepared; or

(b) to establish an inquiry panel to inquire about the EIS.

Note Inquiry panels are established under pt 8.3.

This amendment brings the reference to an environmental impact statement in existing paragraph (a) into line with similar references in chapter 8 to the term. The term ‘EIS’ is defined in section 208.

Paragraph (b) is amended to make it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing paragraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

(b) the Minister has not decided to establish an inquiry panel to inquire about the EIS; or

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing paragraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

Note If a form is approved under s 425 for the application, the form must be used.

This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.

(c) the Minister decides not to establish an inquiry panel to inquire about the EIS.

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing paragraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

(a) decide whether to establish a panel (an inquiry panel) to inquire about the EIS; and

(b) if the Minister decides to establish an inquiry panel—tell the planning and land authority about the decision.

Note If the Minister decides not to establish an inquiry panel and not to present the EIS to the Legislative Assembly, the Minister must give the planning and land authority written notice of the decision (see s 226).

This amendment inserts a new signpost definition of inquiry panel for the Act.

a panel to conduct an inquiry

an inquiry panel to inquire

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing paragraph into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

must establish a panel to conduct an inquiry

must establish an inquiry panel to inquire

This amendment is consequential on the insertion into section 228 (1) of a new signpost definition of inquiry panel by another amendment.

(4) If the Minister establishes an inquiry panel to inquire about an EIS, the Minister must, in writing—

(a) prepare terms of reference for the inquiry; and

(b) give notice of the inquiry to the proponent of the development proposal to which the EIS relates.

Note The power to prepare terms of reference for the inquiry includes the power to amend or repeal the terms of reference (see Legislation Act, s 46).

This amendment simplifies language consequent on the insertion into section 228 (1) of a new signpost definition of inquiry panel by another amendment and makes it clear that the reference to ‘the proponent’ in existing section (4) (b) is to the proponent of the development proposal to which the EIS relates.

(1) This section applies if the Minister establishes an inquiry panel to inquire about an EIS.

This amendment makes it clear that the panel mentioned in the provision is an inquiry panel established under the Act, part 8.3 (see the new signpost definition of inquiry panel which is inserted into section 228 (1) by another amendment) and brings the reference to the panel in the existing subsection into line with other references in the Act to inquiry panels (eg see s 209 (1) (c)).

Minister

planning and land authority

This amendment is for the paragraph to refer correctly to the approved form for land management agreements being approved by the planning and land authority under section 425.

This amendment, and the next, reorder existing sections 299 and 300 in line with the more typical sequence of events: ie the surrender or termination of a lease happening before any associated refund.

This amendment, and the previous, reorder existing sections 299 and 300 in line with the more typical sequence of events: ie the surrender or termination of a lease happening before any associated refund.

This amendment is consequential on the reordering of sections 299 and 300 by other amendments.

inquiry panel—see section 228 (1) (a).

This amendment is consequential on the insertion into section 228 (1) of a new signpost definition of inquiry panel by another amendment.

This amendment is consequential on the insertion into the Planning and Development Act 2007, section 228 (1) of a new signpost definition of inquiry panel by another amendment.

This amendment is consequential on the reordering of the Planning and Development Act 2007, sections 299 and 300 by other amendments.

This amendment is consequential on the reordering of the Planning and Development Act 2007, sections 299 and 300 by other amendments.

• inquiry panel

This amendment is consequential on the insertion into the Planning and Development Act 2007, section 228 (1) of a new signpost definition of inquiry panel by another amendment.

This amendment is consequential on the insertion into the Planning and Development Act 2007, section 228 (1) of a new signpost definition of inquiry panel by another amendment.

(b) money payable as compensation under the Workers Compensation Act 1951 by way of a weekly payment.

This amendment is consequential on the omission of the Workers Compensation Act 1951, schedule 1, clause 9A by a previous amendment of that Act.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

agent, for division 6.2 (Betting disputes referred to commission)—see section 56.

betting dispute, for division 6.2 (Betting disputes referred to commission)—see section 56.

bookmaker, for division 6.2 (Betting disputes referred to commission)—see section 56.

This amendment inserts signpost definitions in the dictionary for division 6.2 definitions.

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

(1) A protected person is not personally liable for conduct engaged in honestly and without recklessness—

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

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

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

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

(3) In this section:

protected person means a person who is, or has been—

(a) the registrar-general; or

(b) the deputy registrar-general.

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

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).

This amendment adds standard notes about appointments.

(3) An appointment must be for a term of 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 appoint).

This amendment updates language in line with current legislative drafting practice and adds a standard note about appointments.

due and payable

that has become payable

This amendment updates language in line with current drafting practice.

due and payable

that has become payable

This amendment updates language in line with current drafting practice.

(a) the tenant has paid any rent that has become payable and is, in the tribunal’s opinion, reasonably likely to pay future rent as it becomes payable; and

This amendment updates language in line with current drafting practice.

(3) Subsection (3A) applies if—

(a) the tenant is, in the tribunal’s opinion, reasonably likely to pay the rent that has become payable as well as pay future rent as it becomes payable; and

(b) the tenant agrees to pay the rent that has become payable, and undertakes to pay future rent as it becomes payable, as required by the tribunal.

(3A) Instead of making a termination and possession order under subsection (1), the tribunal may order (conditional termination and possession order) that if the tenant fails to pay the rent that has become payable, or future rent as it becomes payable, as required by the tribunal—

(a) the tenancy terminates at a stated hour on the day after the day when any rent becomes payable and is not paid; and

(b) the lessor becomes entitled to possession of the premises and all rent payable is payable immediately.

This amendment updates language and structure in line with current drafting practice.

(1) The president must be a magistrate 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, 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).

(2) An appointment must be for a term of 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 appoint).

This amendment updates language in line with current legislative drafting practice and adds standard notes about appointments.

, in writing,

This amendment omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1).

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 included in section 112 by another amendment.

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, section 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, section 207).

This amendment inserts standard notes about appointments.

This amendment omits the requirement for appointments and ending of appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1) and section 208.

This amendment omits a provision about deputy registrars. Section 114 already deals with deputy registrars.

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

This amendment inserts a standard note about forms.

• public vehicle

This amendment inserts a term in the list of terms used in the regulation that are defined in the Road Transport (Driver Licensing) Act 1999.

This amendment omits the definition of public vehicle, which is defined by reference to the Road Transport (General) Act 1999, section 158. That section is in the Road Transport (General) Act 1999, part 10, which is to be omitted by the Road Transport (Third-party Insurance) Act 2008. The Road Transport (Driver Licensing) Act 1999, dictionary currently defines public vehicle by reference to the Road Transport (Public Passenger Services) Act 2001. Consequently, another amendment inserts the term ‘public vehicle’ in the dictionary, note 3. That note lists terms used in the regulation that are defined in the Road Transport (Driver Licensing) Act 1999.

reasonably believes

believes on reasonable grounds

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

Section 6

Section 16

This amendment corrects a cross-reference.

The Speaker or, in the absence of the Speaker, the Deputy Speaker is the chair of the board.

The chief executive of the administrative unit responsible for the Financial Management Act 1996 is the secretary of the board.

This amendment updates these sections in line with current drafting practice. In particular:

• ‘chair’ rather than ‘chairperson’ is used in section 8;

• section 8 is clarified by omitting the reference to ‘where applicable’ and substituting ‘in the absence of the Speaker’ for consistency with section 7;

• the redundant reference to ‘under Treasurer’ in section 9 is updated.

chairperson

chair

This amendment is consequential on the remaking of section 9 and section 10 by another amendment.

Crimes Act 1900, part 9

Criminal Code, section 717 (Accessory after the fact)

This amendment updates a cross-reference to the Crimes Act 1900, part 9 (which dealt only with the offence of being an accessory after the fact in relation to an offence). That part was omitted by the Criminal Code (Administration of Justice Offences) Amendment Act 2005.

(a) becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

(b) if the director becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

(d) if the member becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors.

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.

reasonably satisfied

satisfied on reasonable grounds

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

(1) A protected person is not personally liable for conduct engaged in honestly and without recklessness—

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

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

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

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

(3) In this section:

protected person means a person who is, or has been—

(a) a member of the council; or

(b) the registrar; or

(c) a public servant acting under an arrangement mentioned in section 179.

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

This amendment corrects the heading.

amount of financial assistance, if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (c).

applicant, if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (a).

application—

(a) for this Act generally—means an application to the Magistrates Court for an award of financial assistance under this Act; and

(b) if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (b).

assisted person, for part 4 (Recovery of financial assistance)—see section 52.

convicted, of an offence—

(a) if section 6 (References to convictions—finding of proof without proceeding to conviction) applies—see section 6 (2) (a); and

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

conviction, if section 6 (References to convictions—finding of proof without proceeding to conviction) applies—see section 6 (2) (b).

defendant, for part 4 (Recovery of financial assistance)—see section 52.

notice of objection, for part 4 (Recovery of financial assistance)—see section 52.

order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

provisional order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

recovery proceedings, for part 4 (Recovery of financial assistance)—see section 52.

related crime, for part 4 (Recovery of financial assistance)—see section 52.

This amendment revises definitions to correct references to the relevant provisions.

(b) if the member becomes bankrupt, executes a personal insolvency agreement or otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

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.

(1) A person is not personally liable for conduct engaged in honestly and without recklessness—

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

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

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

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

(3) In this section:

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

a phone link, a satellite link, an internet or intranet link

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 examples in line with current legislative drafting practice.

reasonably believes

believes on reasonable grounds

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

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

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