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This is a Bill, not an Act. For current law, see the Acts databases.
STATUTE LAW AMENDMENT BILL 2009 (NO 2)
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law
Amendment Bill 2009 (No 2)
Contents
Page
Part 1.1 ACT Civil
and Administrative Tribunal (Transitional Provisions) Regulation
2009 3
Part 1.2 Casino
Control Act 2006 5
Part 1.3 Children
and Young People Act 2008 7
Part
1.4 Construction Occupations (Licensing) Act
2004 8
Part
1.5 Constructions Occupations (Licensing)
Regulation 2004 10
Part 1.6 Gaming
Machine Act 2004 11
Part 1.7 Gaming
Machine Regulation 2004 12
Part 1.8 Medicines,
Poisons and Therapeutic Goods Act 2008 15
Part 1.9 Public
Sector Management Act 1994 17
Part 3.1 Animal
Diseases Act 2005 20
Part 3.2 Architects
Act 2004 21
Part
3.3 Associations Incorporation
Act 1991 22
Part
3.4 Auditor-General Act
1996 22
Part 3.5 Births,
Deaths and Marriages Registration Regulation 1998 23
Part 3.6 Casino
Control Act 2006 24
Part 3.7 Charitable
Collections Act 2003 24
Part 3.8 Children
and Young People Act 2008 25
Part 3.9 Civil Law
(Wrongs) Act 2002 26
Part
3.10 Construction Occupations (Licensing) Act
2004 26
Part
3.11 Construction Occupations (Licensing)
Regulation 2004 27
Part 3.12 Consumer
Credit (Administration) Act 1996 28
Part 3.13 Consumer
Credit (Administration) Regulation 1996 29
Part
3.14 Cooperatives Regulation
2003 30
Part 3.15 Court
Procedures Rules 2006 31
Part 3.16 Crimes
(Restorative Justice) Act 2004 31
Part 3.17 Dangerous
Substances Act 2004 32
Part 3.18 Dangerous
Substances (Explosives) Regulation 2004 33
Part 3.19 Dangerous
Substances (General) Regulation 2004 34
Part 3.20 Domestic
Animals Regulation 2001 35
Part 3.21 Domestic
Relationships Act 1994 36
Part 3.22 Duties Act
1999 36
Part
3.23 Electricity (Greenhouse Gas Emissions)
Regulation 2004 39
Part
3.24 Electricity Safety Act
1971 39
Part
3.25 Emergencies Act
2004 40
Part 3.26 Enclosed
Lands Protection Act 1943 42
Part
3.27 Environment Protection Act
1997 43
Part
3.28 Fertilisers Act
1904 43
Part 3.29 Financial
Management Act 1996 44
Part 3.30 Firearms
Act 1996 44
Part 3.31 Firearms
Regulation 2008 45
Part 3.32 Fisheries
Act 2000 45
Part 3.33 Food Act
2001 46
Part 3.34 Government
Procurement Act 2001 47
Part
3.35 Guardianship and Management of
Property Act 1991 48
Part 3.36 Hawkers
Act 2003 49
Part 3.37 Hemp Fibre
Industry Facilitation Act 2004 49
Part 3.38 Heritage
Act 2004 50
Part 3.39 Housing
Assistance Act 2007 51
Part
3.40 Interactive Gambling Act
1998 53
Part
3.41 Interactive Gambling
Regulation 1998 53
Part
3.42 Intoxicated People (Care and Protection)
Act 1994 54
Part 3.43 Leases
(Commercial and Retail) Act 2001 55
Part 3.44 Legal
Profession Act 2006 56
Part 3.45 Limitation
Act 1985 57
Part 3.46 Liquor Act
1975 57
Part 3.47 Litter Act
2004 58
Part
3.48 Magistrates Court Act
1930 59
Part 3.49 Major
Events Security Act 2000 60
Part 3.50 Medicines,
Poisons and Therapeutic Goods Act 2008 60
Part 3.51 Medicines,
Poisons and Therapeutic Goods Regulation 2008 61
Part 3.52 Motor
Sport (Public Safety) Act 2006 62
Part 3.53 National
Environment Protection Council Act 1994 63
Part
3.54 Occupational Health and Safety Act
1989 63
Part 3.55 Pest
Plants and Animals Act 2005 64
Part 3.56 Planning
and Development Act 2007 65
Part
3.57 Prostitution Act
1992 66
Part 3.58 Public
Sector Management Act 1994 66
Part 3.59 Public
Trustee Act 1985 69
Part 3.60 Rates Act
2004 69
Part 3.61 Road
Transport (Driver Licensing) Regulation 2000 70
Part 3.62 Road
Transport (General) Act 1999 71
Part 3.63 Road
Transport (Public Passenger Services) Act 2001 71
Part 3.64 Road
Transport (Public Passenger Services)
Regulation 2002 72
Part 3.65 Road
Transport (Vehicle Registration) Act 1999 73
Part 3.66 Road
Transport (Vehicle Registration) Regulation 2000 75
Part 3.67 Sale of
Motor Vehicles Act 1977 79
Part
3.68 Second-hand Dealers Act
1906 81
Part
3.69 Second-hand Dealers
Regulation 2002 81
Part 3.70 Stock Act
2005 82
Part 3.71 Supervised
Injecting Place Trial Act 1999 82
Part 3.72 Taxation
Administration Act 1999 83
Part 3.73 Territory
Records Act 2002 84
Part 3.74 Terrorism
(Extraordinary Temporary Powers) Act 2006 84
Part 3.75 Tobacco
Act 1927 85
Part 3.76 Trade
Measurement Act 1991 86
Part 3.77 Trade
Measurement (Measuring Instruments) Regulation 1991 86
Part 3.78 Trade
Measurement (Weighbridges) Regulation 1991 87
Part 3.79 Training
and Tertiary Education Act 2003 88
Part 3.80 Tree
Protection Act 2005 88
Part 3.81 Unit
Titles Act 2001 89
Part 3.82 Victims of
Crime Act 1994 90
Part 3.83 Victims of
Crime Regulation 2000 90
Part 3.84 Waste
Minimisation Act 2001 91
Part 3.85 Water
Resources Act 2007 92
Part 3.86 Workers
Compensation Act 1951 92
Part 3.87 Work
Safety Act 2008 93
Part 4.1 Financial
Relations Agreement Act 2000 95
Part
4.2 Murray-Darling Basin Agreement Act
2007 96
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment
Bill 2009 (No 2)
A Bill for
An Act to amend 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 2009 (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.
5 Legislation
amended—schs 1–3
This Act amends the legislation mentioned in schedules 1 to 3.
6 Legislation
repealed—sch 4
This Act repeals the legislation mentioned in schedule 4.
Schedule
1 Minor
amendments
(see s 5)
Part
1.1 ACT Civil and Administrative
Tribunal (Transitional Provisions) Regulation 2009
omit
sections
substitute
section
Explanatory note
This amendment is consequential on the amendment of section 67 (1) by
another amendment.
omit
301B Modification—Construction Occupations
(Licensing) Act 2004
(1) The Construction Occupations (Licensing) Act 2004 is modified
as set out in the ACAT (TP) Regulation, schedule 1.
(2) This section and the ACAT (TP) Regulation, schedule 1 expire on the
day the ACAT (TP) Regulation expires.
(3) In this section:
ACAT (TP) Regulation means the ACT Civil and
Administrative Tribunal (Transitional Provisions) Regulation 2009.
301C Modification—Construction Occupations
(Licensing) Regulation 2004
(1) The Construction Occupations (Licensing) Regulation 2004 is
modified as set out in the ACAT (TP) Regulation, schedule 2.
(2) This section and the ACAT (TP) Regulation, schedule 2 expire on the
day the ACAT (TP) Regulation expires.
(3) In this section:
ACAT (TP) Regulation means the ACT Civil and
Administrative Tribunal (Transitional Provisions) Regulation 2009.
Explanatory note
This amendment omits modified section 301B and modified section 301C from
the ACT Civil and Administrative Tribunal Act 2008 and is consequential
on other amendments that substantively incorporate the modifications into the
Construction Occupations (Licensing) Act 2004 and the
Construction Occupations (Licensing) Regulation 2004. Section 301B
modified the Construction Occupations (Licensing) Act 2004, and section
301C modified the Construction Occupations (Licensing) Regulation 2004.
Both sections 301B and 301C are due to expire on 2 February 2010. This
amendment ensures that the modifications will instead expire on the commencement
of this Act, section 5, when the substantive provisions take effect.
omit
Explanatory note
This amendment removes schedule 1 and is consequential on the omission, by
another amendment, of the modified provisions contained in schedule 1.
omit
Explanatory note
This amendment removes schedule 2 and is consequential on the omission, by
another amendment, of the modified provision contained in schedule 2.
Part
1.2 Casino Control Act
2006
substitute
(h) the level of supervision that is appropriate and reasonable for a
casino employee in relation to the employee’s prescribed
functions;
(ha) job descriptions (including responsibilities) of casino
employees;
Explanatory note
This amendment provides that control procedures under section 75 must
include operational details in relation to supervision for casino employees, and
applies the job description requirement to licensed staff (ie casino employees)
only.
[1.6] New
section 76 (4) (f)
insert
(f) tell the casino licensee that a further stated reasonable time is
needed to consider the proposed change.
Explanatory note
This amendment gives the commission the option of taking time additional to
the 1 week allowed at present, to consider proposed changes to control
procedures before the changes are automatically approved under subsection
(6).
[1.7] Section
100 (1) and (2)
substitute
(1) A casino official commits an offence if—
(a) the official conducts, or allows someone else to conduct, an
authorised game in the casino; and
(b) a condition is included in the declaration of the authorised game
under section 95; and
(c) the game is not conducted in accordance with the condition.
Maximum penalty:
(a) for the casino licensee—100 penalty units; and
(b) for a casino employee—20 penalty units.
(2) A casino official commits an offence if—
(a) the official conducts, or allows someone else to conduct, an
authorised game in the casino; and
(b) either—
(i) there are no approved rules for the authorised game under section 96;
or
(ii) the game is not conducted in accordance with the rules approved under
section 96 (including any amendment of the rules under section 97).
Maximum penalty:
(a) for the casino licensee—100 penalty units; and
(b) for a casino employee—20 penalty units.
(3) An offence against this section is a strict liability
offence.
Explanatory note
This amendment makes clear that games must not be conducted except in
accordance with approved rules.
omit
Explanatory note
The effect of this amendment is to prohibit casino employees from accepting
gratuities for any service they provide at the casino.
[1.9] Section
110 (2) (a) (ii)
substitute
(ii) an EFTPOS facility (other than an EFTPOS debit facility that is used
only for payment for food or beverages); or
Explanatory note
This amendment will make it possible for casino patrons to pay for food or
beverages using an EFTPOS debit facility. The prohibition on the casino
operator providing for cash advances to be taken from an EFTPOS facility
remains.
Part
1.3 Children and Young People
Act 2008
omit everything after
the child or young person,
substitute
or his or her family members—
(a) under this Act; or
(b) for a criminal proceeding under another territory law; or
(c) for the administration of a sentence or order under another territory
law.
Examples—par (c)
1 administration of a sentence under the Crimes (Sentence
Administration) Act 2005
2 administration of a mental health order under the Mental Health
(Treatment and Care) Act 1994
3 administration of a treatment order under the Drugs of Dependence Act
1989
Explanatory note
This amendment provides that a care team for a child or young person can
include someone who is responsible for coordinating or delivering a service or
care to the child or young person, or his or her family members, in relation to
the administration of a sentence or order.
Part
1.4 Construction Occupations
(Licensing) Act 2004
substitute
(1) If the registrar believes on reasonable grounds that a ground for
occupational discipline exists in relation to a licensee, the registrar
may—
(a) apply to the ACAT for an occupational discipline order in relation to
the licensee; or
(b) take the following disciplinary action:
(i) reprimand the licensee;
(ii) require the licensee, or, if the licensee is a corporation or
partnership, a nominee of the licensee, to complete a stated course of training
to the satisfaction of the registrar or another stated person;
(iii) impose a condition on the licence, or amend an existing
condition.
Explanatory note
This amendment allows the registrar under the Construction Occupations
(Licensing) Act 2004 to continue to exercise the registrar’s
disciplinary powers as an alternative to commencing occupational discipline
proceedings in the ACAT.
The Construction Occupations (Licensing) Act 2004 was amended on 2
February 2009 by the ACT Civil and Administrative Tribunal (Transitional
Provisions) Regulation 2009 to include section 56 (1) as a modification. The
modification was necessary because of amendments made to the Construction
Occupations (Licensing) Act 2004 by the ACT Civil and Administrative
Tribunal Act 2008. This amendment enables the modification to be
substantively incorporated into the Construction Occupations (Licensing) Act
2004 before the modification expires on 2 February 2010.
[1.12] Section
123 (1) (a)
substitute
(a) if satisfied that a ground for occupational discipline exists in
relation to the complaint—
(i) do both of the following:
(A) apply to the ACAT for an occupational discipline order in relation to
the licensee;
(B) tell the complainant in writing that the application has been made;
or
(ii) take the following disciplinary action:
(A) reprimand the licensee or former licensee;
(B) require the licensee, or, if the licensee is a corporation or
partnership, a nominee of the licensee, to complete a stated course of training
to the satisfaction of the registrar or another stated person;
(C) impose a condition on the licence, or amend an existing condition;
or
Explanatory note
This amendment allows the registrar under the Construction Occupations
(Licensing) Act 2004 to continue to exercise the registrar’s
disciplinary powers as an alternative to commencing occupational discipline
proceedings in the ACAT.
The Construction Occupations (Licensing) Act 2004 was amended on 2
February 2009 by the ACT Civil and Administrative Tribunal (Transitional
Provisions) Regulation 2009 to include section 123 (1) (a) as a
modification. The modification was necessary because of amendments made to the
Construction Occupations (Licensing) Act 2004 by the ACT Civil and
Administrative Tribunal Act 2008. This amendment enables the modification to
be substantively incorporated into the Construction Occupations (Licensing)
Act 2004 before the modification expires on
2 February 2010.
Part
1.5 Constructions Occupations
(Licensing) Regulation 2004
[1.13] Schedule
4, new item 13A
insert
13A
|
Act, 56 (1) (b)
|
take disciplinary action
|
licensee
|
Explanatory note
This amendment allows for administrative review of the registrar’s
decision to take disciplinary action against a licensee under the
Construction Occupations (Licensing) Act 2004,
section 56 (1) (b).
The Construction Occupations (Licensing) Regulation 2004 was amended
on 2 February 2009 by the ACT Civil and Administrative Tribunal (Transitional
Provisions) Regulation 2009 to include this amendment as a modification. The
modification was necessary because of amendments made to the Construction
Occupations (Licensing) Act 2004 and the Construction Occupations
(Licensing) Regulation 2004 by the ACT Civil and Administrative Tribunal
Act 2008. This amendment enables the modification to be substantively
incorporated into the Construction Occupations (Licensing) Regulation
2004 before the modification expires on 2 February 2010.
Part
1.6 Gaming Machine Act
2004
substitute
158 Audit of financial statements
etc
(1) A licensee must, as soon as practicable (but not later than
6 months) after the end of each financial year—
(a) if the licensee’s gross revenue for the year is at least
$200 000—
(i) ensure that the licensee’s financial statements for the year are
audited by a qualified accountant; and
(ii) ensure that the audited financial statements identify the
licensee’s gross revenue during the year; and
(b) if the licensee’s gross revenue for the year is less than
$200 000—
(i) prepare an income and expenditure statement for the year that
identifies the licensee’s gross revenue during the year; and
(ii) certify that the statement is true; and
(c) give the commission a copy of the audited financial statements or
certified income and expenditure statement.
Note Gross revenue—see the dictionary.
(2) The audited financial statements or certified income and expenditure
statement must be accompanied by—
(a) if the licensee is a club—a report stating the number of club
members at the end of the relevant financial year and, if different classes of
members exist, the number of members in each class; and
Examples—classes of
member
life member, social member, voting member
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).
(b) any other details the commission requires in writing.
Explanatory note
This amendment removes the requirement for smaller licensees (ie those with
an annual gaming machine revenue of less than $200 000) to have gaming machine
accounts audited. Smaller licensees will still be required to provide the
commission with certified income and expenditure statements for the financial
year. It also introduces the requirement that club membership information be
presented by class in the membership report if different classes of members
exist.
Part
1.7 Gaming Machine Regulation
2004
substitute
(2) The club secretary must, at the same time, give the commission a copy
of the following documents:
(a) the notice proposed to be published under section 18 (a);
(b) the notice proposed to be displayed under section 18 (b);
(c) all documents mentioned in section 20 (a) to (e).
Explanatory note
This amendment streamlines processes by obliging the secretary to give the
commission a copy of all documents mentioned in section 20, not just those
mentioned in section 20 (c) as at present.
substitute
(3) In this section:
ballot document means a document mentioned in section 17
(2).
Explanatory note
This amendment is consequential on the amendment of section 17 (2) by
another amendment.
[1.17] New
section 20 (2)
after the note, insert
(2) A notice under subsection (1) (c) may include a recommendation that
members vote in a particular way on the question.
Explanatory note
This amendment allows the club to recommend how members vote.
after
club secretary
insert
(or, if there is an alternative person under section 22A for the club, the
alternative person)
Explanatory note
This amendment gives functions under the section to someone other than the
secretary if section 22A applies. New section 22A is inserted by another
amendment.
substitute
22 Counting votes for ballot
(1) The club secretary (or, if there is an alternative person under
section 22A for the club, the alternative person) must work out the result
of the ballot and, as soon as practicable after working out the
result—
(a) display the result at each premises to which the ballot relates;
and
(b) give the commission written notice of the result.
(2) A vote must not be counted in the ballot if—
(a) the secretary receives the voting paper after the voting close date;
or
(b) the member voting has already voted in the ballot; or
(c) the vote has been made by someone other than a voting
member.
Explanatory note
This amendment gives the vote counting function under the section to
another person if one has been decided under section 22A, inserted by another
amendment.
[1.20] New
sections 22A and 22B
insert
22A Alternative person
The commission may decide that a person other than the secretary may
exercise functions under section 21 or section 22 for a club.
22B Supervisory role of
commission
(1) The commission may attend when functions are exercised under section
21 or section 22 or may check that the functions have been properly
exercised.
(2) If the commission considers that a function has not been properly
exercised, the commission may direct that the function be properly
exercised.
Explanatory note
This amendment inserts new sections 22A and 22B. The new provisions
introduce the procedure for someone other than the secretary to exercise
functions under sections 21 and 22, and gives the commission a supervisory role
in ensuring that the functions are properly exercised. The combined effect of
the new provisions and the amendments to sections 21 and 22 will be to enhance
the transparency of the voting process.
Part
1.8 Medicines, Poisons and Therapeutic
Goods Act 2008
omit
A licence must include the following information:
substitute
A licence must be in writing and include the following
information:
Explanatory note
This amendment revises the subsection to make it explicit that a licence
must be in writing.
omit everything before subsection (2), substitute
93 Licensee to keep chief health officer
informed
(1) This section applies if a licence-holder believes that there will be a
change (the anticipated change) to anything stated
in—
(a) the licence; or
(b) the application for the licence; or
(c) an application to amend the licence.
Note Failure to comply with this section contravenes a condition of
the licence (see s 89 (b)).
Explanatory note
This amendment substitutes a new section heading and adds new section 93
(1) (b). The new section heading better reflects the operation of the section.
The new paragraph requires a licence-holder to tell the chief health officer
about a change to a material particular in the application for the licence that
might affect the basis on which it was issued, eg a change in the nominated
individual for the supervision of dealings with regulated substances under the
licence or to the security arrangements for the licensed premises. The examples
of changes in section 93 indicate that the section was intended to include
changes to matters in licence applications.
Part
1.9 Public Sector Management
Act 1994
[1.23] Section
56 (1) (a)
substitute
(a) an industrial agreement is in force in relation to an officer holding
an office having that classification, and the agreement states the salary
payable in relation to offices having that classification; or
Explanatory note
This amendment replaces a reference to the approval of classifications
under management standards with a reference to industrial agreements. This
reflects the fact that classifications are now set out in industrial
agreements.
[1.24] Dictionary,
definition of non-appellable promotion, paragraph
(b)
substitute
(b) a classification equivalent to a classification mentioned in paragraph
(a), other than a classification for an office for appointment to which teaching
qualifications are required.
Explanatory note
This amendment removes a redundant reference to the prescribing of
classifications under management standards which are now set out in industrial
agreements.
Schedule
2 Legislation Act
2001
(see s 5)
[2.1] Dictionary,
part 1, new definition of bankrupt or personally
insolvent
insert
bankrupt or personally insolvent—an individual is
bankrupt or personally insolvent if the
individual—
(a) under the Bankruptcy Act 1966 (Cwlth)—
(i) is bankrupt; or
(ii) is a party to a debt agreement as a debtor; or
(iii) is a party to a personal insolvency agreement as a debtor and the
obligations created by the agreement remain undischarged; or
(iv) authorises a controlling trustee to control the individual's
property, whether or not the individual has entered into a personal insolvency
agreement as a debtor; or
(b) has a status under a law of a foreign country substantially similar to
an individual mentioned in paragraph (a); or
(c) otherwise applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors.
Explanatory note
This amendment inserts a new definition of bankrupt or personally
insolvent, establishing a single term to cover the range of
circumstances by which an individual may be considered bankrupt or insolvent
under the Bankruptcy Act 1966 (Cwlth). The definition also covers
individuals who have a substantially similar status in a foreign country.
Paragraph (c) covers any other circumstances of bankruptcy or insolvency of
individuals not expressly stated in the preceding paragraphs.
[2.2] Dictionary,
part 1, definition of gazette
substitute
gazette means—
(a) the Australian Capital Territory Gazette; or
(b) for a notice or other information that must or may be notified or
published in the gazette under the Public Sector Management Act
1994—an internet site approved by the commissioner for public
administration.
Explanatory note
This amendment changes the definition of gazette to include
an approved internet site to enable employment notices and related material to
be published on the internet.
[2.3] Dictionary,
part 1, new definition of home address
insert
home address, for an individual, means the address of the
place where the individual usually lives.
Explanatory note
This amendment inserts a definition of home address, a
commonly-used term. The insertion of the definition in the Legislation Act,
dictionary, part 1, will avoid its unnecessary duplication in Acts and statutory
instruments.
Schedule
3 Technical
amendments
(see s 5)
Part
3.1 Animal Diseases Act
2005
[3.1] Section
42 (1) (b) (v)
omit
residential addresses
substitute
home addresses
Explanatory note
This amendment replaces a reference to a ‘residential’ address
with ‘home’ address as the standard term to be used in ACT
legislation to refer to the place where a person normally lives.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.2 Architects Act
2004
substitute
(a) the individual is bankrupt or personally insolvent;
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
substitute
(a) the person becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
substitute
(d) if the member becomes bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.3 Associations Incorporation
Act 1991
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.4 Auditor-General Act
1996
[3.10] Schedule
1, section 1.4 (2)
substitute
(2) The Executive must remove the auditor-general from office if the
auditor-general becomes bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.11] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.5 Births, Deaths and Marriages
Registration Regulation 1998
substitute
(a) the name and last home address of the deceased;
Note Home address is defined in the Legislation Act,
dict, pt 1.
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives, and adds a new note.
substitute
(a) the name and last home address of the deceased;
Note Home address is defined in the Legislation Act, dict, pt
1.
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives, and adds a new note.
Part
3.6 Casino Control Act
2006
[3.14] Section
76 (2) (b)
omit
made
substitute
given
Explanatory note
This amendment updates language in line with current legislative drafting
practice.
Part
3.7 Charitable Collections Act
2003
[3.15] Section
23 (4) (a) (ii)
substitute
(ii) the person is bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.16] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.8 Children and Young People
Act 2008
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.18] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.19] Dictionary,
new definition of parent
insert
parent—see section 16 (2).
Explanatory note
This amendment inserts a signpost definition to definitional matter in
accordance with current drafting practice.
Part
3.9 Civil Law (Wrongs) Act
2002
[3.20] Schedule
4, section 4.43 (1) (e)
substitute
(e) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.21] Dictionary,
note 2
insert
• bankrupt or personally insolvent
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of definitions of bankrupt or personally
insolvent and home address, by other amendments.
Part
3.10 Construction Occupations
(Licensing) Act 2004
[3.22] Section
48 (2) (b)
substitute
(b) becomes bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.23] Section
91 (3) (a)
after
in relation to
insert
which
Explanatory note
This amendment inserts a missing word.
[3.24] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.11 Construction Occupations
(Licensing) Regulation 2004
[3.25] Section
5 (d) (ii)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.26] Dictionary,
note 2
substitute
Note 2 For example, the Legislation Act, dictionary, pt 1, defines
the following terms:
• Act
• home address.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.12 Consumer Credit (Administration)
Act 1996
[3.27] Section
24AB (1) (a) (i)
substitute
(i) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.28] Section
55AB (1) (a) (i)
substitute
(i) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.29] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.13 Consumer Credit (Administration)
Regulation 1996
[3.30] Section
5 (a) (ii)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
Part
3.14 Cooperatives Regulation
2003
[3.31] Section
19 (c) (iii)
omit
full residential address
substitute
home address
Explanatory note
This amendment replaces a reference to a ‘residential address’
with a reference to a ‘home address’ as the standard term to be used
in ACT legislation to refer to the place where a person normally lives. It also
omits the adjective ‘full’ which is superfluous to the meaning of
the address and is consistent with current drafting practice.
[3.32] Sections
32, 34 and 38
omit
residential address
substitute
home address
Explanatory note
These amendments replace ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.33] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.15 Court Procedures Rules
2006
[3.34] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.16 Crimes (Restorative Justice)
Act 2004
[3.35] Section
12, definition of commission, note
substitute
Note Offence is defined to include an offence that is alleged
to have been committed. Offender is defined in similar terms.
See definitions of offence and offender in this
section.
Explanatory note
This amendment corrects the note by adding a missing word.
[3.36] Section
25 (d) and (e)
substitute
(d) that no-one is under an obligation to take part, or continue to take
part, in restorative justice after it has started; and
(e) if the offender has not entered a plea for the offence—that the
acceptance of responsibility for the commission of the offence by the offender
for the purpose of restorative justice does not prevent the offender from
pleading not guilty to the offence; and
Explanatory note
This amendment updates language in line with current legislative drafting
practice.
Part
3.17 Dangerous Substances Act
2004
substitute
(3) If a sample of a substance taken by an inspector is in the form of
separate or severable objects, the inspector—
(a) may take a number of the objects; and
(b) if the inspector takes a number of the objects, must—
(i) 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
(ii) deal with the sample under subsection (2) (b) to (d).
Explanatory note
Under the existing provision the word ‘may’ qualifies an
inspector’s actions about dividing and dealing with the samples. Once a
sample is taken, the procedure for dividing and dealing with the sample should
be mandatory. This amendment brings the provision into line with the Work
Safety Act 2008, section 113 (3) which provides that if a sample is taken,
it ‘must’ be divided and dealt with in the stated way.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.39] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.18 Dangerous Substances (Explosives)
Regulation 2004
[3.40] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.41] Dictionary,
definition of identification papers,
paragraph (b)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.42] Dictionary,
definition of identification papers, example and
note
substitute
Example—identification
papers
a proof of age card under the Liquor Act 1975, s 175, together with
a bank statement showing the cardholder’s home address
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Explanatory note
This amendment replaces the reference to ‘residential address’
with ‘home address’ in the example. It is consequential upon the
replacement of ‘residential address’ with ‘home address’
in ACT legislation, as well as the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by other
amendments.
Part
3.19 Dangerous Substances (General)
Regulation 2004
[3.43] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.44] Dictionary,
definition of identification papers,
paragraph (b)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
Part
3.20 Domestic Animals
Regulation 2001
[3.45] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.21 Domestic Relationships Act
1994
omit
if it were granted.
substitute
would be caused to the respondent if leave were granted.
Explanatory note
This amendment corrects an error. The intended effect of the provision is
that the relative hardships of the applicant and respondent be considered in
deciding whether the leave should be granted.
Part
3.22 Duties Act
1999
omit everything after paragraph (c), substitute
the duty chargeable on the new lease is the amount of duty that would have
been chargeable on the new lease under part 2.3 less the amount of duty that
would have been chargeable under part 2.3 on the grant of a Crown lease over the
land that was comprised in the development lease, if the Crown lease had been
granted on the same terms as the new lease.
Explanatory note
This amendment updates language.
substitute
65 Transfer of land under Fair Work (Registered
Organisations) Act
Duty of $20 is chargeable on a transfer of land made in accordance with the
Fair Work (Registered Organisations) Act 2009 (Cwlth), section
82.
Explanatory note
This amendment updates a cross-reference as a consequence of amendments to
the Workplace Relations Act 1996 (Cwlth). The Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009 (Cwlth) amended the name
of the Workplace Relations Act 1996 (Cwlth) to the Fair Work
(Registered Organisations) Act 2009 and made other amendments.
substitute
(e) made in accordance with the Fair Work (Registered Organisations)
Act 2009 (Cwlth), section 84.
Explanatory note
This amendment updates a cross-reference as a consequence of amendments to
the Workplace Relations Act 1996 (Cwlth). The Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009 (Cwlth) amended the name
of the Workplace Relations Act 1996 (Cwlth) to the Fair Work
(Registered Organisations) Act 2009 and made other amendments.
substitute
215 Organisations registered under Fair Work
(Registered Organisations) Act
Duty under this chapter is not chargeable on an application to register a
motor vehicle made by an organisation registered under the Fair Work
(Registered Organisations) Act 2009 (Cwlth) if the registration is to happen
in accordance with that Act, section 85.
Explanatory note
This amendment updates a cross-reference as a consequence of amendments to
the Workplace Relations Act 1996 (Cwlth). The Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009 (Cwlth) amended the name
of the Workplace Relations Act 1996 (Cwlth) to the Fair Work
(Registered Organisations) Act 2009 and made other amendments.
substitute
(3) In this section:
historic vehicle—see the Road Transport (Vehicle
Registration) Regulation 2000, dictionary.
veteran vehicle—see the Road Transport (Vehicle
Registration) Regulation 2000, dictionary.
vintage vehicle—see the Road Transport (Vehicle
Registration) Regulation 2000, dictionary.
Explanatory note
This amendment brings the subsection into line with current drafting
practice.
Part
3.23 Electricity (Greenhouse Gas
Emissions) Regulation 2004
[3.52] Section
29 (1) (d)
substitute
(d) the person becomes bankrupt or personally insolvent;
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.53] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.24 Electricity Safety Act
1971
[3.54] Section
14 (5) (b)
substitute
(b) for an individual—the person becomes bankrupt or personally
insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.56] Dictionary,
note 2
insert
• bankrupt or personally insolvent
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of definitions of bankrupt or personally
insolvent and home address, by other amendments.
Part
3.25 Emergencies Act
2004
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.58] Section
132 (c) (i)
substitute
(i) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.59] Section
196 (7), definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.60] Schedule
1, section 1.8 (5) (b)
substitute
(b) the Road Transport (Third-Party Insurance) Act 2008,
chapter 2 (Compulsory third-party insurance (CTP insurance));
Explanatory note
This amendment updates a cross-reference. The provision being replaced
refers to the Road Transport (General) Act 1999, part 10 which has been
omitted and the operation of the part incorporated in the Road Transport
(Third Party Insurance) Act 2008.
[3.61] Dictionary,
note 2
insert
• bankrupt or personally insolvent
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of definitions of bankrupt or personally
insolvent and home address, by other amendments.
Part
3.26 Enclosed Lands Protection
Act 1943
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.63] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.27 Environment Protection Act
1997
substitute
(1) The Minister may, in writing, declare a licence, authorisation,
permit, notice or approval issued, granted or given under a law of a State or
another Territory to conduct a class of activity specified in schedule 1,
section 1.2 to be a recognised environmental authorisation to which this
division applies.
Explanatory note
This amendment updates language in line with current legislative drafting
practice and corrects a cross-reference.
[3.65] Section
67A (as amended)
in part 8, relocate after section 67
Explanatory note
This amendment reorders existing sections 67A and 67 in line with the usual
sequence of provisions and, because section 67A applies to the whole of division
8.2, it more properly belongs at the end of the division.
Part
3.28 Fertilisers Act
1904
substitute
1 Name of Act
This Act is the Fertilisers (Labelling and Sale) Act 1904.
Explanatory note
This amendment changes the name of the Act to better reflect the scope of
the Act.
Part
3.29 Financial Management Act
1996
[3.67] Dictionary,
definition of outcomes
omit
Explanatory note
This amendment omits a redundant definition. The term does not appear
elsewhere in the Act.
[3.68] Dictionary,
new definition of the Territory
insert
the Territory, for division 3.1 (Financial reports of the
Territory)—see section 21.
Explanatory note
This amendment inserts a new signpost definition of the
Territory in the dictionary for division 3.1.
Part
3.30 Firearms Act
1996
[3.69] Section
254 (1) (c)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.70] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.31 Firearms Regulation
2008
[3.71] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.72] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
Part
3.32 Fisheries Act
2000
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.74] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
substitute
(3) If a sample of food taken by an authorised officer is in the form of
separate or severable objects, the authorised officer—
(a) may take a number of the objects; and
(b) if the authorised officer takes a number of the objects,
must—
(i) 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
(ii) deal with the sample under subsection (2) (b) to (d).
Explanatory note
Under the existing provision the word ‘may’ qualifies an
authorised officer’s actions about dividing and dealing with the samples.
Once a sample is taken, the procedure for dividing and dealing with the sample
should be mandatory. This amendment brings the provision into line with the
Work Safety Act 2008, section 113 (3) which provides that if a sample is
taken, it ‘must’ be divided and dealt with in the stated way.
Part
3.34 Government Procurement
Act 2001
substitute
3A Application of Act to land sales
etc
This Act does not apply to the grant of a licence or lease of land, or the
sale of a lease of land, under the Planning and Development
Act 2007.
Explanatory note
This amendment updates the section consequent on the repeal of the Land
(Planning and Environment) Act 1991 and the Planning and Land Act
2002 by the Planning and Development Act 2007.
[3.77] Section
16 (3) (b) (i)
substitute
(i) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.78] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.35 Guardianship and Management
of Property Act 1991
substitute
(4) In this section:
corresponding law means a law of a State or of another
Territory, or a law of a prescribed country, that corresponds, or substantially
corresponds, to this Act.
Explanatory note
This amendment brings the subsection into line with current drafting
practice. In particular, it updates the definition to bring it into line with
section 32A, definition of protected person, paragraph (b)
(ii).
omit
are a health attorney
substitute
is a health attorney
Explanatory note
This amendment corrects a grammatical error.
Part
3.36 Hawkers Act
2003
substitute
(b) the operation of a public passenger service under the Road
Transport (Public Passenger Services) Act 2001;
Explanatory note
This amendment omits a cross-reference to the Road Transport General Act
1999, part 10 that has been repealed.
Part
3.37 Hemp Fibre Industry Facilitation
Act 2004
substitute
(b) is bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
substitute
(b) is bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
substitute
(b) if the licensee is an individual—the licensee is bankrupt or
personally insolvent;
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.85] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.86] Dictionary,
definition of affected by bankruptcy action
omit
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.38 Heritage Act
2004
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.88] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.39 Housing Assistance Act
2007
substitute
6 Objects of Act
Explanatory note
This amendment brings the heading into line with current drafting
practice.
[3.90] Section
32 (5), definition of unleased territory land
substitute
unleased territory land means territory land that is not
leased under the Planning and Development Act 2007 or the Unit Titles
Act 2001.
Explanatory note
This amendment updates the definition consequent on the repeal of the
Land (Planning and Environment) Act 1991 by the Planning and
Development Act 2007.
[3.91] Section
33 (2) (f), note 2
substitute
Note 2 See also the Planning and Development Act 2007, s 312
for the recovery of land from a former licencee.
Explanatory note
This amendment updates the note consequent on the repeal of the Land
(Planning and Environment) Act 1991 by the Planning and Development Act
2007.
omit
a departmental banking account or territory banking account within the
meaning of the Financial Management Act 1996
substitute
a departmental banking account, or territory banking account, within the
meaning of the Financial Management Act 1996
Explanatory note
The subsection relates to amounts paid to or by the housing commissioner
for the Housing Assistance Act 2007. Both of the terms
‘departmental banking account’ and ‘territory banking
account’ are defined in the Financial Management Act 1996. This
amendment makes it clear that the reference to ‘within the meaning
of’ applies to both of these terms.
[3.93] Dictionary,
note 2
omit
• commissioner for revenue
Explanatory note
This amendment omits a redundant term in the note. The term does not
appear elsewhere in the Act.
[3.94] Dictionary,
note 2
omit
• human rights commission
Explanatory note
This amendment omits a redundant term in the note. The term does not
appear elsewhere in the Act.
Part
3.40 Interactive Gambling Act
1998
[3.95] Section
39 (1) (h)
substitute
(h) the licensed provider is bankrupt or personally insolvent;
or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.96] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.41 Interactive Gambling
Regulation 1998
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.98] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.42 Intoxicated People (Care and
Protection) Act 1994
[3.99] Section
15 (3), definition of name and address,
paragraph (b)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.100] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.43 Leases (Commercial and Retail)
Act 2001
[3.101] Section
23 (3) and note
substitute
(3) For this section, if the lessor has a mortgagee, lessor’s costs
include any fee for, or incidental to obtaining, the mortgagee’s consent
to the lease.
Note If the lessor requires the lease to be registered, the lessor
must pay the costs under s (2) also.
Explanatory note
This amendment omits the reference to stamp duty in lessor’s costs.
The requirement to stamp commercial leases has been abolished.
substitute
(a) if the lease is not to be registered—within 21 days after the
lease is signed by the lessor and tenant; or
Explanatory note
This amendment amends the starting point for the 21-day period for a lessor
to give a copy of a lease to a tenant to omit the reference to stamping the
lease. The requirement to stamp commercial leases has been abolished.
Part
3.44 Legal Profession Act
2006
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.105] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.45 Limitation Act
1985
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.107] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.46 Liquor Act
1975
[3.108] Section
30 (1) (c)
substitute
(c) subject to subsection (3), require the young person to give the young
person’s name, home address and age to the inspector or officer;
and
Explanatory note
This amendment replaces ‘address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives, and updates language in line with
current drafting practice.
omit
residential address
substitute
home address
in
• section 69
• section 73
• section 74 (1) (a)
• section 132
Explanatory note
These amendments replace ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.110] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.47 Litter Act
2004
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.112] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.48 Magistrates Court Act
1930
[3.113] Section
117, definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.114] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.115] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
Part
3.49 Major Events Security Act
2000
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.117] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.50 Medicines, Poisons and
Therapeutic Goods Act 2008
[3.118] Section
24, definition of supply, paragraph (a) (ii), note
substitute
Note Dispense means supply on prescription (see
dict).
Explanatory note
This amendment corrects the note by bringing it into line with the
definition of dispense in the dictionary.
[3.119] Section
64 (4) (a)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.120] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.51 Medicines, Poisons and
Therapeutic Goods Regulation 2008
[3.121] Section
612 (1) (a)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.122] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.52 Motor Sport (Public Safety)
Act 2006
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.124] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.53 National Environment Protection
Council Act 1994
[3.125] Section
44 (2) (c)
substitute
(c) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.126] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.54 Occupational Health and Safety
Act 1989
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.128] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.55 Pest Plants and Animals
Act 2005
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.130] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.56 Planning and Development Act
2007
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.133] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.57 Prostitution Act
1992
[3.134] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.58 Public Sector Management
Act 1994
omit
, in writing,
Explanatory note
This amendment omits text that is redundant. Because the declaration is a
notifiable instrument, it must be in writing.
omit
may, from time to time, in writing—
substitute
may—
Explanatory note
This amendment omits redundant text because under the Legislation Act,
section 42 (3) a power to make an instrument may be exercised from time to time.
Also, because the instrument is a notifiable instrument, it must be in
writing.
omit
, in writing
Explanatory note
This amendment omits text that is redundant. Because the instrument is a
notifiable instrument, it must be in writing.
omit
, in writing,
Explanatory note
This amendment omits text that is redundant. Because the declaration is a
notifiable instrument, it must be in writing.
[3.139] Section
28 (3) (d)
omit
, being a day
Explanatory note
This amendment omits redundant text.
[3.140] Section
67, notes
omit
Explanatory note
This amendment omits redundant notes which refer to provisions of the Act
that related to Totalcare and the fire and emergency services. The relevant
provisions expired on 31 December 2005 and 30 June 2006,
respectively.
[3.141] Section
72 (3) (d)
omit
, being a day
Explanatory note
This amendment omits redundant text.
omit
, in writing,
Explanatory note
This amendment omits text that is redundant. Because the declaration is a
notifiable instrument, it must be in writing.
[3.143] Section
114 (a) and (b)
omit
, whether before or after the commencement of this section,
Explanatory note
This amendment omits redundant transitional text.
omit
, whether before or after the commencement of this subsection,
Explanatory note
This amendment omits redundant transitional text.
Part
3.59 Public Trustee Act
1985
[3.145] Section
74 (2) (b)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.146] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.147] Section
75 (2) (a)
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.148] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.61 Road Transport (Driver Licensing)
Regulation 2000
[3.149] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.150] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
Part
3.62 Road Transport (General)
Act 1999
[3.151] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.152] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
Part
3.63 Road Transport (Public Passenger
Services) Act 2001
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.154] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.64 Road Transport (Public Passenger
Services) Regulation 2002
[3.155] Sections
88, 173 and 238
omit
residential address
substitute
home address
Explanatory note
These amendments replace ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.156] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.157] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
Part
3.65 Road Transport (Vehicle
Registration) Act 1999
[3.158] Dictionary,
definition of garage address
substitute
garage address, of a vehicle, means—
(a) if the vehicle is normally kept at a depot or base of operations when
not in use—the main depot or base of operations of the vehicle;
or
(b) if the vehicle is normally kept at a place (other than a depot or base
of operations) when not in use—the place where the vehicle is normally
kept.
Explanatory note
This amendment simplifies the definition of garage address
and removes references in the definition that are not necessary for the
administration of the vehicle registration scheme.
[3.159] Dictionary,
new definition of GCM
insert
GCM––see gross combination
mass.
Explanatory note
This amendment adds a signpost definition to another definition in the
dictionary.
[3.160] Dictionary,
definition of GCM (or gross combination mass)
omit
GCM (or gross combination mass)
substitute
gross combination mass (or GCM)
Explanatory note
This amendment is consequential on the insertion into the Act, dictionary,
of a signpost definition for GCM, by another amendment.
[3.161] Dictionary,
new definition of GVM
insert
GVM––see gross vehicle
mass.
Explanatory note
This amendment adds a signpost definition to another definition in the
dictionary.
[3.162] Dictionary,
definition of GVM (or gross vehicle mass)
omit
GVM (or gross vehicle mass)
substitute
gross vehicle mass (or GVM)
Explanatory note
This amendment is consequential on the insertion into the Act, dictionary,
of a signpost definition for GVM, by another amendment.
[3.163] Dictionary,
definition of home address
omit
Explanatory note
This amendment omits the definition of home address and is
consequential on a modification of the definition of garage
address in the Road Transport (Vehicle Registration) Act 1999
(the Act) by another amendment. The definition of home
address is no longer needed because the modification of garage
address removes the only occurrence of home address in the
Act.
Part
3.66 Road Transport (Vehicle
Registration) Regulation 2000
substitute
(a) for an individual seeking to be recorded (or on whose behalf an agent
is seeking to be recorded) as the registered operator of the registrable
vehicle—the individual’s identity and home address; and
(aa) for a corporation seeking to be recorded (or on whose behalf an agent
is seeking to be recorded) as the registered operator of the registrable
vehicle—the corporation’s identity and business address;
and
Explanatory note
This amendment brings the structure of the provision in line with current
drafting practice. This amendment also clarifies the particulars required of a
corporation applying for registration of a registrable vehicle, eg information
about its business address. The definition of business address is
inserted by another amendment.
omit
Explanatory note
This amendment omits a redundant note. The note referred to a definition
of home address for a corporation. The term home
address is no longer used in relation to corporations. The amendment is
consequential on the insertion into the Legislation Act, dictionary, part 1, of
a definition of home address, by another amendment.
substitute
(c) if the registered operator is an individual—the
individual’s name, home address, and address for the service of notices
(if any); and
(ca) if the registered operator is a corporation—the
corporation’s name, business address, and address for the service of
notices (if any); and
Explanatory note
This amendment brings the structure of the provision in line with current
drafting practice. This amendment also clarifies the particulars that the road
transport authority must record in the registrable vehicles register if a
corporation applies for registration of a registrable vehicle eg a business
address. The definition of business address is inserted by
another amendment.
omit
Explanatory note
This amendment omits a redundant note. The note referred to a definition
of home address for a corporation. The term home
address is no longer used in relation to corporations. The amendment is
consequential on the insertion into the Legislation Act, dictionary, part 1, of
a definition of home address, by another amendment.
[3.168] Section
69 (1) (b)
substitute
(b) the operator is an individual and the individual has changed his or
her name or home address or address for service of notices; or
(c) the operator is a corporation and the corporation has changed its name
or business address or address for service of notices.
Explanatory note
This amendment brings the structure of the provision in line with current
drafting practice. This amendment also clarifies the obligation of a corporate
registered operator of a registered vehicle to tell the road transport authority
about changes in the operator’s circumstances eg a change in business
address. The definition of business address is inserted by
another amendment.
[3.169] Section
69 (1), note
omit
Explanatory note
This amendment omits a redundant note. The note referred to a definition
of home address for a corporation. The term home
address is no longer used in relation to corporations. The amendment is
consequential on the insertion into the Legislation Act, dictionary, part 1, of
a definition of home address, by another amendment.
[3.170] Section
72 (1) (c)
substitute
(c) if the operator is an individual—the individual’s name,
home address, and address for the service of notices (if any); and
(ca) if the operator is a corporation—the corporation’s name,
business address, and address for the service of notices (if any); and
Explanatory note
This amendment brings the structure of the provision in line with current
drafting practice. This amendment also clarifies matters about which the road
transport authority may request evidence from a corporate registered operator eg
the operator’s business address. The definition of business
address is inserted by another amendment.
[3.171] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
[3.172] Dictionary,
new definition of business address
insert
business address, for a corporation, includes the address of
the corporation’s registered office.
Explanatory note
This amendment inserts an extending definition of business
address into the dictionary to provide that that term includes a
corporation’s registered office.
Part
3.67 Sale of Motor Vehicles Act
1977
[3.173] Sections
10 and 11
omit
residential address and any other addresses
substitute
home address and any other address
Explanatory note
These amendments replace references to ‘residential address’
with ‘home address’ as the standard term to be used in ACT
legislation to refer to the place where a person normally lives, and update
language in line with current drafting practice.
[3.174] Sections
11B and 45
omit
residential address
substitute
home address
Explanatory note
These amendments replace ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.175] Section
46 (2) (b)
substitute
(b) state the current home address of the new executive officer and any
other home address of the officer in the last 3 years; and
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives, and updates language in line with
current drafting practice.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.177] Section
89A (2) (c) (iii)
omit
residential address and any other addresses
substitute
home address and any other address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives, and updates language in line with
current drafting practice.
[3.178] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.68 Second-hand Dealers Act
1906
[3.179] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.69 Second-hand Dealers
Regulation 2002
[3.180] Schedule
2, part 2.2, item 9, column 3, paragraph (b), examples
substitute
1 a rates notice
2 a registration certificate for a dog
Explanatory note
This amendment brings the examples into line with current drafting practice
by removing references to specific ACT government entities that may change over
time. In particular, a redundant reference to the former Department of Urban
Services is removed from example 2.
[3.181] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.183] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.71 Supervised Injecting Place Trial
Act 1999
[3.184] Section
22 (2) (a)
substitute
(a) becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.185] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.72 Taxation Administration Act
1999
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.187] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.73 Territory Records Act
2002
substitute
(b) if the director becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.189] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.74 Terrorism (Extraordinary
Temporary Powers) Act 2006
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.191] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.75 Tobacco Act
1927
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.193] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.76 Trade Measurement Act
1991
omit
residential address
substitute
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.195] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.77 Trade Measurement (Measuring
Instruments) Regulation 1991
omit
residential address
insert
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.197] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.78 Trade Measurement (Weighbridges)
Regulation 1991
omit
residential address
insert
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.199] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.79 Training and Tertiary Education
Act 2003
[3.200] Section
13 (2) (d)
substitute
(d) if the member becomes bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.201] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.80 Tree Protection Act
2005
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.203] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.81 Unit Titles Act
2001
[3.204] Section
55C (1) (c)
substitute
(c) if the person becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.205] Section
55O (1) (c)
substitute
(c) if the service contractor becomes bankrupt or personally insolvent;
or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.206] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.82 Victims of Crime Act
1994
omit
residential address
insert
home address
Explanatory note
This amendment replaces ‘residential address’ with ‘home
address’ as the standard term to be used in ACT legislation to refer to
the place where a person normally lives.
[3.208] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.83 Victims of Crime Regulation
2000
[3.209] Section
11 (3) (b)
substitute
(b) if the member becomes bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.210] Dictionary,
note 2
insert
• bankrupt or personally insolvent
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
Part
3.84 Waste Minimisation Act
2001
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.212] Dictionary,
note 2
omit
• environment protection authority
Explanatory note
This amendment omits a redundant term in the note. The term does not
appear elsewhere in the Act.
[3.213] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.85 Water Resources Act
2007
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.215] Dictionary,
note 2
insert
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of home address, by another
amendment.
Part
3.86 Workers Compensation Act
1951
omit
, in writing,
Explanatory note
This amendment omits text that is redundant. Because the determination is
a notifiable instrument, it must be in writing.
[3.217] Section
76 (4), definition of public ruling
substitute
public ruling—see the Taxation Administration Act
1953 (Cwlth), schedule 1, section 358-5 (What is a public
ruling?).
Explanatory note
This amendment updates a cross-reference.
[3.218] Further
amendments, mentions of in writing
omit
, in writing,
in
• section 110 (1)
• section 188 (1)
• section 208 (1)
• section 221 (1)
• section 222 (1)
Explanatory note
This amendment omits text that is redundant. Because the instruments under
the sections (other than section 188) are disallowable or notifiable
instruments, they must be in writing. Section 188 deals with an
appointment, which under the Legislation Act, section 206 (1), must be
in writing.
Part
3.87 Work Safety Act
2008
omit
Explanatory note
This amendment omits the definition of the term home address
and is consequential on the insertion of a definition of home
address into the Legislation Act, dictionary, part 1, by another
amendment.
[3.220] Section
192 (2) (a)
substitute
(a) has become bankrupt or personally insolvent; or
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
substitute
(2) The Executive must remove the commissioner from office if the
commissioner becomes bankrupt or personally insolvent.
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of a definition of bankrupt or personally
insolvent, by another amendment.
[3.222] Dictionary,
note 2
insert
• bankrupt or personally insolvent
• home address
Explanatory note
This amendment is consequential on the insertion into the Legislation Act,
dictionary, part 1, of definitions of bankrupt or personally
insolvent and home address, by other amendments.
Schedule
4 Repeal of redundant or obsolete
legislation
(see s 6)
Part
4.1 Financial Relations Agreement Act
2000
Explanatory note
This part repeals an Act that is no longer needed.
The Financial Relations Agreement Act 2000 gave effect to a
commitment under the 1999 Intergovernmental Agreement on the Reform of
Commonwealth-State Financial Relations. This agreement was superseded by
the 2008 Intergovernmental Agreement on Federal Financial Relations.
Obligations under the 1999 agreement have now been met and the Act is now
redundant.
The operation of the Act is spent. The 2008 agreement commenced on 1
January 2009 and does not require legislation to give it effect.
Financial Relations Agreement Act 2000 (A2000-33)
Part
4.2 Murray-Darling Basin Agreement Act
2007
Explanatory note
This part repeals an Act that is no longer needed.
The Act provided for the approval and implementation of an interstate
agreement about the water, land and other environmental resources of the
Murray-Darling Basin. This agreement has been superseded by a new agreement,
which is now incorporated into the Water Act 2007 (Cwlth), schedule 1.
The new agreement established the Murray-Darling Basin Authority which is a
Commonwealth agency, instead of a joint State-Commonwealth body.
Murray-Darling Basin Agreement Act 2007 (A2007-36)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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