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This is a Bill, not an Act. For current law, see the Acts databases.
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
Part 1.1 Canberra Institute of Technology Act 1987 3
Part 1.2 Casino Control Act 2006 4
Part 1.3 Gaming Machine Act 2004 5
Part 1.4 Mental Health (Treatment and Care) Act 1994 5
Part 1.5 Racing Act 1999 6
Part 1.6 Work Safety Act 2008 6
Part 3.1 Age of Majority Act 1974 8
Part 3.2 Associations Incorporation Act 1991 10
Part 3.3 Bail Act 1992 16
Part 3.4 Boilers and Pressure Vessels Regulation 1954 27
Part 3.5 Building Act 2004 35
Part 3.6 Building (General) Regulation 2008 37
Part 3.7 Civil Law (Sale of Residential Property) Act 2003 38
Part 3.8 Commercial Arbitration Act 1986 39
Part 3.9 Common Boundaries Act 1981 45
Part 3.10 Coroners Act 1997 48
Part 3.11 Court Procedures Act 2004 60
Part 3.12 Crimes (Forensic Procedures) Act 2000 61
Part 3.13 Disability Services Act 1991 64
Part 3.14 Domestic Animals Act 2000 69
Part 3.15 Duties Act 1999 71
Part 3.16 Education Act 2004 71
Part 3.17 Enclosed Lands Protection Act 1943 75
Part 3.18 Environment Protection Act 1997 77
Part 3.19 Fair Trading (Motor Vehicle Repair Industry) Act 2010 78
Part 3.20 Firearms Act 1996 79
Part 3.21 Gaming Machine Act 2004 80
Part 3.22 Health Act 1993 83
Part 3.23 Health Records (Privacy and Access) Act 1997 85
Part 3.24 Independent Competition and Regulatory Commission Act 1997 87
Part 3.25 Interactive Gambling Act 1998 91
Part 3.26 Judicial Commissions Act 1994 98
Part 3.27 Lakes Act 1976 99
Part 3.28 Land Titles Act 1925 102
Part 3.29 Planning and Development Act 2007 103
Part 3.30 Road Transport (Offences) Regulation 2005 104
Part 3.31 Tree Protection Act 2005 105
2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment Bill 2010 (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 2010 (No 2).
This Act commences on the 7th 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 and 3
This Act amends the legislation mentioned in schedules 1 and 3.
(see s 5)
Part 1.1 Canberra Institute of Technology Act 1987
substitute
(c) if the director becomes bankrupt or personally insolvent; or
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
substitute
(c) if the member becomes bankrupt or personally insolvent; or
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
insert
• bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of the new term in section 15 and section 33 by other amendments.
Part 1.2 Casino Control Act 2006
substitute
(d) the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;
Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
insert
• bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of the new term in section 7 by another amendment.
Part 1.3 Gaming Machine Act 2004
substitute
(b) the individual is, or at any time in the last 5 years has been, bankrupt or personally insolvent;
Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
Part 1.4 Mental Health (Treatment and Care) Act 1994
omit
, with the Minister’s approval,
Explanatory note
This amendment makes it possible for the chief psychiatrist to delegate functions under the Act without ministerial approval. It is not usual for ministerial approval to be required before a function is delegated.
[1.8] Section 120D (3) and note
omit
Explanatory note
This amendment removes the requirement for delegation of the care coordinator’s functions to be a notifiable instrument under the Legislation Act. It is not usual for delegations to be notifiable instruments.
[1.9] Schedule 1, section 1.4 (1) (b)
substitute
(b) becomes bankrupt or personally insolvent; or
Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1. The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
substitute
(c) a serious injury to a worker or another person;
Explanatory note
Section 36 sets out what is a serious event for the purposes of the Act, division 3.3. This amendment makes it clear that a serious event includes a serious injury to a worker as well as to any other person.
Schedule 2 Legislation Act 2001
Note Statute Law Amendment Acts may include a second schedule for amendments of the Legislation Act. This Act does not provide for such amendments but the schedule heading is retained to preserve the usual numbering of schedule 3, which provides for minor and technical amendments proposed by the parliamentary counsel.
Schedule 3 Technical amendments
(see s 5)
Part 3.1 Age of Majority Act 1974
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
that person as if he or she
substitute
the person as if the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be construed
substitute
are to be interpreted
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be construed
substitute
is to be interpreted
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.2 Associations Incorporation Act 1991
substitute
9 Registers
(1) The registrar-general must keep a register of any matter the registrar-general considers necessary for this Act.
(2) The register may include any information the registrar-general considers appropriate.
(3) The register may be kept in any form, including electronically, that the registrar-general decides.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the agent’s or attorney’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the public officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the member’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(f) was convicted or released from imprisonment for an offence mentioned in section 63 (1) within 5 years immediately before the public officer’s appointment, or is convicted of such an offence after taking office; or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.12] Section 65 (1) (a) and (4) (b)
omit
him or her
substitute
the member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in the course of the performance of his or her duties as auditor of an incorporated association
substitute
of an incorporated association
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
77 Auditor’s liability
An auditor of an incorporated association is not, in the absence of malice by the auditor, liable to any action for defamation in relation to any statement that the auditor makes, orally or in writing, in the exercise of functions as auditor of the association.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
performance of his or her duties or the exercise of his or her powers
substitute
exercise of functions
Explanatory note
This amendment updates language in line with current legislative drafting practice. In particular, the amendment omits redundant references to ‘performance’, ‘duties’ and ‘powers’ because the Legislation Act, dictionary, part 1, definition of ‘function’ includes a duty and power and the definition of ‘exercise’, a function, includes perform the function.
omit
he or she
substitute
the auditor
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.17] Section 95 (6) and 97 (2)
omit
he or she
substitute
the registrar-general
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything after
the registrar-general may
substitute
make the investigations the registrar-general thinks appropriate for the administration of this Act.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.19] Section 103 (2) (a) (iii)
omit
his or her
substitute
the registrar-general’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.20] Section 103 (2) (b) (ii)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the registrar-general
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
forthwith after being so charged
substitute
immediately after being charged
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
to bring before a court forthwith
substitute
to bring immediately before a court
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall inform the person, or cause the person to be informed,
substitute
must tell the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.28] Section 13 (1) (c) (ii)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.29] Section 13 (1) (c) (iv)
substitute
(iv) communicate with someone else of the person’s choice who may reasonably be expected to assist the person in relation to the provision of bail; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything after subparagraph (iv), substitute
if the person asks for facilities to do so, must provide the person with reasonable facilities to enable the person to communicate with a lawyer, an interpreter or someone else; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall inform the person, or cause the person to be informed, of
substitute
must tell the person about
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.32] Sections 13 (1) (e) and 13 (2)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything before paragraph (a), substitute
(4) A police officer who charges or arrests a person need not comply with subsection (1) (c) (ii), (iii) or (iv) if the police officer believes on reasonable grounds that non-compliance is necessary to prevent—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(5) If a police officer who charges or arrests a person does not comply with subsection (1) (c) (ii), (iii) or (iv) for a reason mentioned in subsection (4), the police officer must record the reason.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.35] Sections 15, 16 (1) and 16 (2)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything before paragraph (a), substitute
(3) An authorised officer who refuses to grant bail to an accused person need not comply with subsection (1) (e) or (f) and subsection (2) if the authorised officer believes on reasonable grounds that non-compliance is necessary to prevent—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(4) If an authorised officer does not comply with subsection (1) (e) or (f) and subsection (2) for a reason mentioned in subsection (3), the authorised officer must record the reason.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall, if it is reasonably practicable to do so, cause the person to be provided with, and allowed to use—
substitute
must, if it is reasonably practicable to do so, provide the person with, and allow the person to use—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(3) An application to a court in relation to bail must be dealt with as soon as practicable.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.41] Sections 21 (a) and (b) (i)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
in
• section 25
• section 26 and 27
• section 30 (3).
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall not be taken
substitute
is not taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(1) A court or authorised officer granting bail to an accused person—
(a) must give the accused person a written notice setting out—
(i) the person’s obligations under the person’s bail conditions; and
(ii) the consequences of any failure by the person to comply with the conditions; and
(b) must be satisfied, before releasing the accused person, that the person will comply with the conditions.
Note If a form is approved under s 58 for a notice under this section, the form must be used.
(2) A court or authorised officer granting bail to an accused person with a surety for the accused person’s appearance to answer the charges against the person —
(a) must give the surety written notice of—
(i) the accused person’s obligations under the person’s bail conditions; and
(ii) the consequences of any failure by the person to comply with the conditions; and
(b) must be satisfied, before releasing the accused person, that the surety understands—
(i) the nature and extent of the accused person’s obligations under the person’s bail conditions; and
(ii) the consequences of any failure by the person to comply with the conditions.
(3) If a bail condition is imposed or varied on a review under part 6 of a decision made in relation to bail, the court or authorised officer imposing or varying the condition—
(a) must give the accused person a written notice setting out—
(i) the person’s obligations under the condition; and
(ii) the consequences of any failure by the person to comply with the condition; and
(b) must be satisfied that the accused person will comply with the condition; and
(c) if there is a surety for the appearance of the accused person to answer the charges against the accused person—
(i) must give the surety a written notice setting out—
(A) the accused person’s obligations under the condition; and
(B) the consequences of any failure by the person to comply with the condition; and
(ii) must be satisfied that the surety understands—
(A) the nature and extent of the accused person’s obligations under the condition; and
(B) the consequences of any failure by the person to comply with the condition.
Explanatory note
This amendment updates language and brings the structure of the subsections more closely into line with current legislative drafting practice. In particular, the amendment omits references to ‘shall’ and substitutes ‘must’, which is the current drafting term.
The amendment also omits redundant references to the plural of ‘surety’ because of the effect of the Legislation Act, section 145 (b), which provides that words in the singular number include the plural.
omit
shall forthwith
substitute
must immediately
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
in
• section 38 (2)
• sections 45 to 47.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 58 (3) provides that certain approved forms are disallowable instruments and section 58 (4) provides that all other approved forms are notifiable instruments. Both these kinds of instrument must be in writing (see Legislation Act, s 42 (2)).
Part 3.4 Boilers and Pressure Vessels Regulation 1954
omit
do not apply
substitute
does not apply
Explanatory note
This amendment corrects a typographical error.
substitute
(i) placed so that the water level is clearly visible to the boiler attendant from the attendant’s normal working position; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(iv) is placed so that it is clearly visible to the boiler attendant from the attendant’s normal working position; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
permit of
substitute
allow
Explanatory note
This amendment updates language in line with current legislative drafting practice and corrects a typographical error.
omit
so constructed that
substitute
constructed so that
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
such
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
so arranged that
substitute
arranged so that
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(ii) arranged so that the gauges on the boiler are clearly visible to the boiler attendant from the attendant’s normal working position; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything before subparagraph (ii), substitute
(d) if the chief inspector directs in writing—
(i) exits must be provided from the boiler house in the places that the chief inspector considers necessary to allow people to escape if an accident happens; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the inspector
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
20 Pressure reducing valves
(1) This section applies if the maximum allowable working pressure of a boiler or pressure vessel (the first unit) is higher than the maximum allowable working pressure of a boiler or pressure vessel to which it is connected (the second unit).
(2) The first unit may be used or operated only if there is fitted between the first and second unit an efficient pressure reducing valve with a safety valve and pressure gauge between the pressure reducing valve and the second unit.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
such time as
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(b) ensure the certificate of inspection remains in that place while it is in force.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
so
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.63] Sections 35 (1) (f) to (h) and (2) (b)
omit
refrain from using or operating
substitute
not use or operate
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
refrain from operating
substitute
not operate
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(1) The operator of a boiler or pressure vessel must give the chief inspector written notice of the following events as soon as possible after the event happens:
(a) the boiler or pressure vessel is placed in operation for the first time;
(b) the boiler or pressure vessel is re-erected in a new permanent position;
(c) the boiler or pressure vessel is altered or repaired.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
so
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything after
must
substitute
immediately give the chief inspector written notice of the results of the test.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
accordingly
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
so
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the operator’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(a) immediately notify the chief inspector in writing; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
refrain from using or operating
substitute
not use or operate
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.75] Section 25B (3), note 1
omit
disciplinary action
substitute
occupational discipline
Explanatory note
This amendment replaces a redundant term. The term ‘disciplinary action’ was replaced with the term ‘occupational discipline’ as a consequence of the establishment of the ACT Civil and Administrative Tribunal.
omit
, in writing,
Explanatory note
This amendment omits redundant text. Section 29 (6) provides that a declaration under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
in writing
Explanatory note
This amendment omits redundant text. Section 81 (2) provides that an approval under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.78] Dictionary, definition of bonded asbestos and note
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act. However, the term ‘bonded asbestos’ is used extensively in the Building (General) Regulation 2008 and is consequently relocated to that Regulation, dictionary by another amendment.
[3.79] Further amendments, mentions of in writing
omit
, in writing,
in
• section 96 (1)
• section 99 (1)
• section 102 (1)
• section 103 (1)
• section 107 (3)
• section 108 (1) (1st mention)
• section 136 (2)
• section 143 (1)
• section 150 (1)
• section 151 (1).
Explanatory note
This amendment omits redundant text in the mentioned sections. The text is unnecessary because the relevant sections provide that an instrument under the section is a notifiable or disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
Part 3.6 Building (General) Regulation 2008
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 7 (2) provides that an exemption under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 47 (2) provides that an exemption under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
• bonded asbestos
Explanatory note
This amendment is consequential on the omission of a defined term from the Building Act 2004, dictionary, by another amendment.
[3.83] Dictionary, new definition of bonded asbestos
insert
bonded asbestos means asbestos in a form where the asbestos fibres are held within another material (for example, cement) but does not include friable asbestos.
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).
Explanatory note
This amendment inserts a definition of a term that is widely used in the regulation but is defined in the Building Act 2004. The defined term is not used in the Building Act 2004 so has been omitted from that Act, dictionary by another amendment.
Part 3.7 Civil Law (Sale of Residential Property) Act 2003
[3.84] Section 7, definitions of building and compliance inspection report and pest inspection report
omit
Explanatory note
This amendment is consequential on the relocation of the definitions to the dictionary by another amendment.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 39 (2) provides that an approved form under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.86] Dictionary, definitions of building and compliance inspection report and pest inspection report
substitute
building and compliance inspection report means a building and compliance inspection report prescribed by regulation.
pest inspection report means a pest inspection report prescribed by regulation.
Explanatory note
This amendment remakes the definitions of ‘building and compliance inspection report’ and ‘pest inspection report’. Building and compliance inspection report and pest inspection report are currently defined in section 7 for part 2 of the Act only. However, the terms are also used in section 37 (in part 5 of the Act) so it is necessary to define the terms for the whole Act.
Part 3.8 Commercial Arbitration Act 1986
omit
shall be taken
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be served
substitute
must be served
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall lapse
substitute
lapses
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.93] Section 8 (3) (b) (iii)
omit
shall be construed
substitute
is to be interpreted
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall cease
substitute
cease
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall prevail
substitute
prevails
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
notwithstanding
substitute
despite
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall enter
substitute
enter
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(b) must, if the arbitrator or umpire requires, be given on oath or by affidavit.
Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be taken
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.9 Common Boundaries Act 1981
omit
his or her
substitute
the occupier’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(2) If 2 or more people are the occupiers of a parcel of land, a document that has been served on one of them is taken to have been served on all of them.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Territory law
substitute
territory law
Explanatory note
This amendment updates a reference to a term defined in the Legislation Act.
substitute
(2) If 2 or more people occupy a parcel of land as joint tenants, tenants in common or joint lessees and an order requires them to make a payment—
(a) they are jointly and severally liable for the payment of the amount payable under the order; and
(b) as between themselves, the liability to pay the amount must, in the absence of agreement to the contrary, be borne in equal proportions; and
(c) one of them who pays more than his or her proportionate amount may recover the excess as a debt due by the others.
Explanatory note
This amendment updates a reference to a term defined in the Legislation Act.
[3.107] Sections 25 and 26 (b)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything before subparagraph (i), substitute
(a) the lessee of each parcel of land may, during the term of the lease—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
is to
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(c) if the lessee of 1 parcel of land (the first lessee) has at the lessee’s expense erected a party wall—the lessee of the other parcel of land must immediately after beginning to erect a building on the other parcel of land pay to the first lessee a proportion of the cost of the erection of the party wall; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be
substitute
is
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• territory law
Explanatory note
This amendment inserts a term to assist users of legislation. Dictionary, note 2 is an aid to users which list examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.
omit
holding or
Explanatory note
This amendment omits redundant text. The Legislation Act, dictionary, part 1 definition of occupy includes, among other things, holding a position.
substitute
(2) The appointment is on the conditions not provided for by this Act or another territory law that are stated in the deputy coroner’s instrument of appointment.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the deputy coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her, with such assistance as
substitute
the police officer, with the assistance
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
specified
substitute
stated
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
such assistance as he or she
substitute
the assistance the police officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the police officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the police officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her sureties
substitute
the person’s surety
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.132] Sections 52 (3) and 54
omit
his or her
substitute
the coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.134] Sections 56 (2) (b) (ii) and 58 (2) (a)
omit
his or her
substitute
the coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.135] Section 58 (4) (b) (ii)
omit
his or her
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the investigator’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(3) The investigator’s instrument of appointment must state—
(a) details of the matters into which the investigator must inquire and report; and
(b) any conditions of the appointment; and
(c) any remuneration the investigator is entitled to receive.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the Chief Coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her own
substitute
the Chief Coroner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the coroner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• occupy
Explanatory note
Dictionary, note 2 is an aid to users that lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a new defined term in the list of terms defined in the Legislation Act, as a consequence of another amendment.
Part 3.11 Court Procedures Act 2004
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 8 (4) provides that an approved form is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 13 (3) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
shall be
substitute
are to be
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit everything after
valid
substitute
despite any formal defect or any irregularity.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.12 Crimes (Forensic Procedures) Act 2000
omit
(such as a police officer)
substitute
(for example, a police officer)
Explanatory note
This amendment updates language in line with current drafting practice.
omit
Explanatory note
This amendment omits a provision that is made redundant by the insertion in the dictionary of a signpost definition for ‘agreed retention period’ by another amendment.
omit
Explanatory note
This amendment omits a provision that is made redundant by the insertion in the dictionary of a signpost definition for ‘agreed retention period’ by another amendment.
[3.155] Section 94, definition of corresponding DNA index and corresponding statistical index
omit
Explanatory note
Section 94 contains a number of terms defined for the Act. This amendment omits 2 terms that are used only in section 94. The terms are included in a new subsection (2) in section 94, inserted by another amendment, that contains terms defined for section 94 only, in line with current drafting practice.
insert
(2) In this section:
corresponding DNA index means an index of DNA profiles established, kept or maintained under a law, or a provision of a law, of the Commonwealth or a State, whether or not the law or provision is a corresponding law.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
corresponding statistical index means an index of information obtained from the analysis of forensic material that is established, kept or maintained under a law, or a provision of a law, of the Commonwealth or a State, whether or not the law or provision is a corresponding law.
Explanatory note
Section 94 contains a number of terms defined for the Act. However, the terms corresponding DNA index and corresponding statistical index are used in section 94 only. This amendment inserts a new subsection in section 94 that includes definitions of terms used only in section 94, in line with current drafting practice.
[3.157] Section 98 (6), definition of agreed retention period
omit
Explanatory note
This amendment omits a signpost definition that is made redundant by the insertion of a signpost definition for ‘agreed retention period’ in the dictionary by another amendment.
[3.158] Dictionary, note 2, new dot point
insert
• territory law
Explanatory note
This amendment inserts a term to assist users of legislation. Dictionary, note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.
[3.159] Dictionary, new definition of agreed retention period
insert
agreed retention period—see section 80A (3).
Explanatory note
This amendment inserts a signpost definition in the dictionary for a term that is used in several places in the Act.
[3.160] Dictionary, definition of another Territory
omit
Explanatory note
This amendment omits a term that is not used in the Act.
Part 3.13 Disability Services Act 1991
omit
in respect of
substitute
for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
and this Act shall be construed and administered accordingly
Explanatory note
This amendment omits unnecessary wording.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
7 Conditions of grants
omit
regarding the terms and
substitute
about the
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
in the case of
substitute
for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(3) An agreement mentioned in subsection (1)—
(a) if it relates to the provision of services—must state the objectives to be achieved by or in relation to the person receiving the services; and
(b) may include provisions relating to the payment by the grantee to the Minister of an amount equal to the amount of the grant or part of the grant if there is a contravention of a condition.
(4) An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with any guidelines mentioned in section 10 (1) (b) that apply to the grantee.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
referred to
substitute
mentioned
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
8 Review of effectiveness of grants
At intervals not exceeding 5 years, the Minister must review the extent to which—
(a) a grantee has fulfilled the conditions of grants received by the grantee; and
(b) the objectives stated in the conditions of a grant have been achieved.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 9 (2) provides that an approval under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 10 (4) provides a guideline under the section is a disallowable instrument, which must be in writing (see Legislation Act, section 42 (2)).
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice
insert
• administrative unit
• body
• may (see s 146)
• must (see s 146)
• territory authority
Explanatory note
This amendment inserts new terms to assist users. Dictionary note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.
[3.174] Dictionary, definition of grantee
substitute
grantee, for an agreement entered into by a person on behalf of an organisation that is an unincorporated association, means the organisation and the person, separately.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.175] Dictionary, definition of organisation
substitute
organisation—
(a) means a body (whether or not incorporated); and
(b) includes—
(i) an administrative unit; and
(ii) a territory authority; but
(c) does not include a body carried on for the purpose of profit or gain to its individual members.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.176] Dictionary, definition of research and development activity, paragraph (a)
omit
with respect to
substitute
in relation to
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.14 Domestic Animals Act 2000
omit
, in writing,
Explanatory note
This amendment omits redundant words. Section 40 (3) provides that a declaration under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
119
substitute
120
Explanatory note
This amendment corrects a cross-reference.
omit
, in writing,
Explanatory note
This amendment omits redundant words. Section 143 (3) provides that a code of practice approved under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant words. Section 144 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
Explanatory note
This amendment omits a redundant paragraph. Section 91 (2) (j) referred to section 63 (3), which expired on 30 June 2010.
omit
Explanatory note
This amendment omits a redundant definition of passenger motor vehicle. The term is not used elsewhere in the Act.
[3.183] Section 10 (4), new note
insert
Note If a form is approved under s 154 for this provision, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for the section, the form must be used.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 40 (5) provides that a declaration under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
must be in writing and
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 43 (11) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.186] Section 83 (2), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for the section, the form must be used.
substitute
(7) The chief executive must make a copy of the Minister’s reasons available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the chief executive.
Explanatory note
This amendment revises the provision to make it consistent with other similar provisions by clarifying that, for practical purposes, a copy of the Minister’s reasons for approving, or refusing to approve, an application for in-principle approval for the provisional registration of a school must be made available at an office administered by the chief executive and not specifically at the chief executive’s office, as currently required.
[3.188] Section 85 (3), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.189] Section 87 (2), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.190] Section 88A (2), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.191] Section 89 (2), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.192] Section 96 (1), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.193] Section 130 (1), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
[3.194] Section 137 (1), new note
insert
Note If a form is approved under s 154 for the application, the form must be used.
Explanatory note
This amendment inserts a note to assist users of the Act to make it clear that if a form is approved for an application under the section, the form must be used.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 151 (6) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
Part 3.17 Enclosed Lands Protection Act 1943
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(a) if there is a reasonably defined track commonly used by people passing through those lands—the centre of the track is taken, for this Act, to be the centre of the road; or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
does
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(1) If the owner, occupier or person in charge of enclosed lands believes on reasonable grounds that another person is committing an offence against this Act, the owner, occupier or person in charge may require the other person to give the person’s full name and home address.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.201] Dictionary, definition of enclosed lands
omit
, such as a river or cliff,
substitute
(for example, a river or cliff)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.202] Dictionary, definition of enclosed lands, new note
insert
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).
Explanatory note
This amendment inserts a standard note about examples.
Part 3.18 Environment Protection Act 1997
omit
, in writing,
Explanatory note
This amendment omits redundant text. Section 165 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. Section 165A (3) provides that an approved form under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
substitute
(a) by—
(i) amending activities mentioned in the schedule, or
(ii) adding activities to, or deleting activities from, the schedule; and
Explanatory note
This amendment amends section 166 (8) (a) to make it clear that a regulation can amend an activity in schedule 1, as well as add or delete an activity.
Part 3.19 Fair Trading (Motor Vehicle Repair Industry) Act 2010
omit
licence disqualified
substitute
licensee disqualified
Explanatory note
This amendment corrects an incorrect reference to ‘licence’.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 38 (2) provides that a declaration under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.208] Section 40 (1), new notes
insert
Note 1 If a form is approved under s 271 for this provision, the form must be used.
Note 2 A fee may be determined under s 270 for this provision.
Explanatory note
This amendment inserts notes to assist users of the Act to make it clear that—
• if a form is approved for an application under s 40, the form must be used; and
• the registrar may determine a fee for this provision.
[3.209] Dictionary, definition of blank fire firearm
substitute
blank fire firearm means a device that is designed for firing blank cartridges only.
Example
a starting pistol
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).
Explanatory note
This amendment relocates the example in line with current legislative drafting practice.
Part 3.21 Gaming Machine Act 2004
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 35 (3) provides that a declaration under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.211] Section 66 (1), definition of centralised monitoring system
omit
in writing
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 66 (2) provides that an approval mentioned in the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 69 (3) provides that an approval under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 70 (3) provides that a cancellation or suspension under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 126 (2) provides that an approval under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 145 (2) provides that an approval under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 151 (5) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
Explanatory note
This amendment omits a provision which is expressed to remove doubt about the capacity to give a return by email. The provision is unnecessary because the Electronic Transactions Act 2001, section 8 provides for electronically giving information required or allowed to be in writing. The Legislation Act, part 19.5 also deals with how documents may be given.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 169 (4) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 177 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
the Territory shall have regard
substitute
the Territory must have regard
Explanatory note
This amendment updates language in line with current drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 83 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 102 (3) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 106 (6) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
Explanatory note
This amendment omits an unnecessary note.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 192 (3) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
in writing
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 193 (3) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
[3.227] Section 194 (1)
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 194 (3) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
Part 3.23 Health Records (Privacy and Access) Act 1997
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 34 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 35 (3) provides that an approved form under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
shall not
substitute
is not to
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.231] Dictionary, definition of personal health information, paragraph (b)
omit
health provider
substitute
health service provider
Explanatory note
This amendment corrects an incorrect reference. The term ‘health service provider’ is defined in the dictionary and mentioned extensively in the Act while the term ‘health provider’ is used only in the definition of ‘personal health information’ and is not defined.
[3.232] Further amendments, mentions of shall
omit
shall
substitute
must
in
• section 6 (1)
• section 10 (4)
• section 11 (4)
• section 12 (2)
• section 15
• section 17
• section 30
• section 33 (2).
Explanatory note
These amendments update language in line with current legislative drafting practice.
Part 3.24 Independent Competition and Regulatory Commission Act 1997
omit
written
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 19D (2) provides that a notice under the section is a notifiable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
(for example, by reference to price indices)
Explanatory note
This amendment omits text that is redundant as a consequence of another amendment.
substitute
Example for par (c)—method
by reference to price indices
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).
Explanatory note
This amendment relocates the example in line with current legislative drafting practice.
omit
such as
substitute
like
Explanatory note
This amendment updates language in line with current legislative drafting style.
omit
such
substitute
those
Explanatory note
This amendment updates language in line with current legislative drafting style.
omit
such fees and expenses
substitute
the arbitrator’s fees and expenses
Explanatory note
This amendment updates language in line with current legislative drafting style.
omit
such
substitute
the
Explanatory note
This amendment updates language in line with current legislative drafting style.
[3.240] Dictionary, definition of access regime, paragraphs (a) and (b)
omit
such as
substitute
for example,
Explanatory note
This amendment updates language in line with current legislative drafting practice
[3.241] Dictionary, definition of access regime, new note
insert
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).
Explanatory note
This amendment inserts a note about examples, with current legislative drafting practice.
[3.242] Dictionary, new definition of direction
insert
direction, for part 9 (Enforcement of prior directions and arbitration determinations)— see section 51.
Explanatory note
This amendment inserts a signpost definition into the dictionary for a term defined for part 9 of the Act.
[3.243] Further amendments, mentions of in writing
omit
, in writing,
in
• section 4 (1)
• section 4C (1)
• section 16 (1)
• section 19F
• section 19G
• section 57.
Explanatory note
This amendment omits text that is redundant. Because the instruments under the mentioned sections are disallowable instruments or, in the case of section 57, notifiable instruments, they must be in writing (see the Legislation Act, s 42 (2)).
Part 3.25 Interactive Gambling Act 1998
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 9 (3) provides that a declaration under the section is a disallowable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall
substitute
must
in
• sections 10 to 14
• section 20.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 22 (3) provides that an exemption scheme approved under the section is a notifiable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 23 (4) provides that a cancellation under the section is a notifiable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
in
• sections 27 to 31
• section 34
• section 37 (3)
• section 38 (3)
• sections 40 to 44
• sections 46 to 49
• section 51 (1)
• section 52
• sections 54 (2)
• section 55
• sections 58 to 59
• sections 62 to 66
• sections 68 to 71
• sections 77 to 80
• sections 83 to 84.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 85 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
system
insert
(a control system submission)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(2) A control system submission must be in writing.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.255] Section 93 (3) and (4)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
system
insert
(a control system submission)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.257] Section 94 (2) and (3)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall remit
substitute
must pay
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
in
• section 102
• sections 105 to 111
• sections 113 to 121
• sections 123 to 139
• section 143.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 145 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.26 Judicial Commissions Act 1994
omit
pursuant to
substitute
under
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be taken to have been completed where
substitute
is taken to have been completed if
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 5 (2) provides that a declaration under the section is a notifiable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall not be liable
substitute
is not liable
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.268] Section 13 (3) and 14 (1)
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
is to
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 25A (3) provides that a determination under the section is a notifiable instrument, which must be in writing (see Legislation Act section 42 (2)).
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be entitled, upon
substitute
is entitled, on
omit
shall afford
substitute
must provide
[3.275] Sections 54 (1) and 55 (1)
omit
, in writing,
Explanatory note
This amendment omits redundant text. The text is unnecessary because section 54 (2) provides that a determination under section 54 (1) is a disallowable instrument and section 55 (3) provides that an approved form under section 55 (1) is a notifiable instrument. Disallowable instruments and notifiable instruments must be in writing (see Legislation Act section 42 (2)).
Part 3.28 Land Titles Act 1925
omit
section 172
substitute
the Corporations Act, section 127 (Execution of documents (including deeds) by the company itself).
Explanatory note
This amendment corrects an incorrect cross-reference. Section 172 provided for the method of execution by corporations of documents dealing with land. The execution of documents, including documents dealing with land, is now dealt with by the Corporations Act, section 127. Section 172 was omitted by the Land Titles Legislation Amendment Act 2000 (A2000-82), section 19, however, the cross-reference to that section in section 73 (3) (b) was not amended as a consequence of the omission.
[3.277] Section 86 (10) and (11)
omit
section 91B
substitute
section 91A
Explanatory note
This amendment corrects an incorrect cross-reference.
insert
• Corporations Act
Explanatory note
Dictionary, note 2 is an aid to users which list examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of the term in section 73 (3) (b) by another amendment.
Part 3.29 Planning and Development Act 2007
[3.279] Section 28 (1) (a) (viii)
omit
Explanatory note
The Act, section 28 (1) sets out the information about development applications that must be included on the public register kept under section 27. This amendment omits a paragraph that incorrectly refers to amendments of development applications under the Act, section 197. Section 197 deals with applications to amend development approvals (that is, development applications that have not been granted); it does not deal with development applications. Section 28 (a) (vi) correctly refers to development applications amended under section 144, which deals with amending development applications. Section 28 (1) (b) (v) correctly refers to development approvals amended under section 197.
omit
, in writing,
Explanatory note
This amendment omits redundant text. Section 424 (2) provides that a determination under the section is a disallowable instrument, which must be in writing (see Legislation Act, s 42 (2)).
omit
, in writing,
Explanatory note
This amendment omits redundant text. Section 425 (3) provides that an approved form under the section is a notifiable instrument, which must be in writing (see Legislation Act, s 42 (2)).
Part 3.30 Road Transport (Offences) Regulation 2005
[3.282] Schedule 1, part 1.6 item 49
substitute
|
49
|
116 (3) (b)
|
change learner driver logbook in way calculated to deceive
|
20
|
|
|
Explanatory note
This amendment updates item 49 to better reflect the wording of Road Transport (Driver Licensing) Regulation 2000, section 116 (3) (b).
[3.283] Schedule 1, part 1.6 items 50 and 51
omit
Explanatory note
This amendment is consequential on amendment of the Road Transport (Driver Licensing) Regulation 2000 made by the Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004, schedule 2, amendment 2.170, which omitted section 116 (3) (c) and (d).
Part 3.31 Tree Protection Act 2005
[3.284] Section 108 (3) (a) (ii)
omit
such an assessment
substitute
an assessment under subparagraph (i)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.285] Schedule 1, part 1.2, item 6
substitute
|
6
|
107
|
confirm, vary or set aside first decision
|
entity who is given internal review notice for decision mentioned in
schedule 1, part 1.1, in relation to decision to be reviewed
|
Explanatory note
This amendment corrects an incorrect table reference in column 4. This amendment also updates the language of column 3 to be consistent with the language of section 107.
[3.286] Further amendments, mentions of in writing
omit
, in writing,
in
• section 7 (2)
• section 21 (1)
• section 31 (1)
• section 38 (1)
• section 39 (1)
• section 45 (1)
• section 61 (2)
• section 75 (1)
• section 109 (1)
• section 110 (1).
Explanatory note
This amendment omits text that is redundant. Because the instruments under the sections are disallowable or notifiable instruments, they must be in writing.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2010.
2 Notification
Notified under the Legislation Act on 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010
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