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2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment Bill 2013 (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 2013 (No 2).
This Act commences on the 14th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
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.
5 Legislation amended—schs 1-3
This Act amends the legislation mentioned in schedules 1 to 3.
(see s 5)
Part 1.1 Education and Care Services National Law (ACT) Act 2011
[1.1] New section 6 (6) and (7)
insert
(6) Despite subsection (4), the Education and Care Services National Law (ACT)
is taken to be amended by the
(Vic) as if that Act—
(a) had been presented to the Legislative Assembly in accordance with subsection (2); and
(b) had not been disallowed under subsection (3).
Note That
, ss 62 to 78 made amendments of the Education and Care Services National Law set out in the schedule to the Victorian Act.
(7) Subsection (6) and this subsection expire on the day they commence.
Explanatory note
The Education and Care Services National Law is set out in the schedule to a
Victorian Act (the
(Vic)). The National Law has been applied in the ACT by the Education and Care Services National Law (ACT) Act 2011
(the ACT Act).
Under the ACT Act, section 6 any amendments of the National Law that are passed by the Victorian Parliament after the ACT Act’s notification day must be presented to the Legislative Assembly within 6 sitting days. The Assembly may disallow any amendment.
In late 2011, a series of amendments of the National Law was passed by the
Victorian Parliament (in the
(Vic), ss 62 to 78). The amendments were largely technical in nature.
Due to an oversight, the Victorian amending Act was not tabled in the Assembly as required under the ACT Act, section 6. As a result, the National Law as it applies in the ACT is taken not to include those amendments (see the ACT Act, s 6 (4)).
The purpose of this amendment is to remedy that and ensure that the amendments made by the Victorian amending Act are included in the National Law as it applies in the ACT.
[1.2] Section 50, new definition of eligible midwife
insert
eligible midwife, for a health facility—see section 52.
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.3] Section 50, definition of scope of clinical practice
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion, in section 59, of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
substitute
52 Who is a doctor, dentist or eligible midwife for a health facility?
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.5] Section 52, new definition of eligible midwife
insert
eligible midwife, for a health facility, means a midwife who—
(a) is an eligible midwife within the meaning of the Health Insurance Act 1973
(Cwlth), section 21 (Meaning of eligible midwife); and
(b) either—
(i) provides health services at the health facility; or
(ii) uses the equipment or other facilities of the health facility to provide health services elsewhere.
Explanatory note
This amendment inserts a new definition that is consequential on other amendments.
[1.6] Section 54, definition of scope of clinical practice
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
Section 59 sets out the functions of a scope of clinical practice committee, which include deciding whether to credential health practitioners for a health facility and the terms on which the health practitioner is credentialled. This amendment includes eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
doctor or dentist’s
substitute
doctor’s, dentist’s or eligible midwife’s
Explanatory note
Section 59 sets out the functions of a scope of clinical practice committee, which include deciding whether to credential health practitioners for a health facility and the terms on which the health practitioner is credentialled. This amendment includes eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
doctor or dentist’s
substitute
doctor’s, dentist’s or eligible midwife’s
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.12] Section 70 (4) (a) to (c)
omit
doctor or dentist’s
substitute
doctor’s, dentist’s or eligible midwife’s
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.14] Section 73 (2) (a) and (3) (b)
omit
doctor or dentist’s
substitute
doctor’s, dentist’s or eligible midwife’s
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.15] Sections 74 (3), 77 and 78
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
after
dentist
insert
, eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
Explanatory note
This amendment is consequential on other amendments omitting or relocating all provisions in part 9 to a new part in the Public Health Act 1997
, to which other provisions relating to pharmacy ownership and premises are being relocated.
relocate to Public Health Act 1997, new part 3B as section 66U
Explanatory note
This amendment relocates the definition of community pharmacy
to a new part in the
, to which other provisions relating to pharmacy ownership and premises are being relocated.
omit
Explanatory note
This amendment omits a provision that defines complying pharmacy corporation because most provisions relating to pharmacies are now being relocated to a new part in the Public Health Act 1997
. The definition is remade in the Public Health Regulation 2000
, section 62 (2) (because the term is currently used only in that section) and then relocated to the new part in the Public Health Act 1997
by another amendment.
omit
Explanatory note
This amendment omits a paragraph that is made redundant as a consequence of the making of the Public Health (Community Pharmacy) Code of Practice 2012 (No 1)
DI2012-211 (the code of practice). Section 128B
(1) (c) refers to standards approved by the Minister under section 128B
(2). The
NI2010-349, made under section 128B (2), was repealed when the code of practice was determined. The standard was no longer needed because the code replicates many of the requirements that were in the standard. The reference to the approval of standards under section 128B (1) is omitted to remove unnecessary duplication between the Act and the Public Health Act 1997
regarding the regulation of community pharmacy premises.
[1.21] Section 128B (2) to (4)
omit
Explanatory note
This amendment omits provisions that are made redundant as a consequence of the making of the Public Health (Community Pharmacy) Code of Practice 2012 (No 1)
DI2012-211 (the code of practice). Section 128B (2) to (4) refer to standards approved by the Minister about premises for community pharmacies. The Health (Community Pharmacy Premises) Approved Standard 2010 (No 1)
NI2010-349, made under section 128B (2), was repealed when the code of practice was determined. The standard was no longer needed because the code replicates many of the requirements that were in the standard. The provisions are omitted to remove unnecessary duplication between the Act and the Public Health Act 1997
regarding the regulation of community pharmacy premises.
[1.22] Section 128B (as amended) and section 129
relocate to Public Health Act 1997, new part 3B as sections 66W and 66X
Explanatory note
This amendment relocates sections which deal with pharmacies and pharmacy premises to a new part in the Public Health Act 1997
, to which other provisions relating to pharmacy ownership and premises are being relocated.
omit
or dentist,
substitute
dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
substitute
131 Pt 10 obligations—no contracting out
To remove any doubt, this part applies in relation to a doctor, dentist or eligible midwife for a health facility despite anything to the contrary in a term of the doctor’s, dentist’s or eligible midwife’s engagement.
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions. This amendment also corrects a cross-reference in the heading.
substitute
189 Protection of doctor, dentist or eligible midwife from liability in emergency
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
doctor or dentist’s
substitute
doctor’s, dentist’s or eligible midwife’s
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
omit
or dentist
substitute
, dentist or eligible midwife
Explanatory note
This amendment is consequential on the inclusion in section 59 of eligible midwives as a class of health practitioner in relation to which a scope of clinical practice committee may exercise its functions.
[1.29] Dictionary, definition of community pharmacy
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of the relocation of section 128 to the Public Health Act 1997
, new part 3B by another amendment.
[1.30] Dictionary, new definition of eligible midwife
insert
eligible midwife, for part 5 (Reviewing scope of clinical practice)—see section 52.
Explanatory note
This amendment inserts a signpost definition for a new term defined elsewhere in the Act.
Part 1.3 Medicines, Poisons and Therapeutic Goods Regulation 2008
[1.31] Section 110 (2) (b) (ii)
omit
, part 9 (Pharmacists and pharmacy premises)
substitute
, part 3B (Pharmacies)
Explanatory note
This amendment is consequential on provisions relating to pharmacists and pharmacies being relocated to a new part in the Public Health Act 1997
by other amendments.
Part 1.4 Public Health Act 1997
insert
Part 3B Pharmacies
Explanatory note
This amendment inserts a heading for a new part for provisions about pharmacy
ownership and premises restrictions that are relocated to new part 3B from the
, part 9 and the
, section 62 by other amendments.
Community pharmacies are now regulated under the Act as a consequence of the declaration of the operation of a pharmacy business at a community pharmacy as a licensable public health risk activity under the Public Health (Community Pharmacy) Risk Activity Declaration 2012 (No 1)
DI2012-210 and the determination of a code of practice under the Act, section 133 for the operation of community pharmacies (see the Public Health (Community Pharmacy) Code of Practice 2012 (No 1)
DI2012-211).
Provisions in other legislation relating to pharmacies are being consolidated in part 3B to assist legislation users.
[1.33] Dictionary, new definition of community pharmacy
insert
community pharmacy, for part 3B (Pharmacies)—see section 66U.
Explanatory note
This amendment inserts a signpost definition for a new term relocated from
the
, section 128 to new part 3B by another amendment.
Part 1.5 Public Health Regulation 2000
[1.34] Section 62 (2), definition of close relative
omit everything before paragraph (a), substitute
close relative, of a pharmacist or company pharmacist, means the pharmacist’s—
Explanatory note
This amendment revises the definition to make it clear that it applies to close relatives of pharmacists who are directors of a complying pharmacy corporation as well as to other pharmacists.
[1.35] Section 62 (2), definition of community pharmacy
omit
Explanatory note
This amendment omits a signpost definition for a term defined in the Health Act 1993
, section 128. That definition is relocated to the Public Health Act 1997
, new part 3B (which deals with pharmacy ownership and premises) by another amendment. Section 62, as amended by this part, is also relocated to new part 3B by another amendment.
[1.36] Section 62 (2), definition of complying pharmacy corporation
substitute
complying pharmacy corporation means a corporation that—
(a) has a constitution that provides that—
(i) the object of the corporation is to own and control a pharmacy business; and
(ii) only an individual who is a pharmacist may be a director; and
(iii) a director cannot be a director of another pharmacy corporation without the written consent of the board; and
(iv) all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and
(v) a shareholder in the corporation must be either a pharmacist or a close relative of a pharmacist shareholder; and
(b) has a constitution that ensures that each share in the corporation is beneficially owned by a pharmacist who is a director or employee of the corporation or a close relative of the pharmacist; and
(c) for a corporation that is to own and control a pharmacy business as a trustee—is only a party to a trust deed that relates to the corporation’s ownership and control of a pharmacy business if the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and
(d) has a constitution that is appropriate to a corporation formed to own and control a pharmacy business.
Explanatory note
This amendment replaces a signpost definition to the Health Act 1993
, section 128A, which is omitted by another amendment. The definition of complying pharmacy corporation is amended to provide that the object of the corporation is not to practise as a pharmacist but to own and control a pharmacy business. This makes the definition consistent with the Health Practitioner Regulation National Law (ACT)
which provides that only an individual can be a health practitioner. The requirement for a trust deed to have written approval by the National Pharmacy Board is also omitted as the Board no longer undertakes that function.
[1.37] Section 62 (as amended)
relocate to Public Health Act 1997, new part 3B as section 66V
Explanatory note
This amendment relocates a section which deals with pharmacies and pharmacy premises to a new part in the Public Health Act 1997
, to which other provisions relating to pharmacy ownership and premises are being relocated.
Community pharmacies are now regulated under the Public Health Act 1997
as a consequence of the relocation of provisions about pharmacy ownership
from the
to the
in 2012 and the declaration of the operation of a pharmacy business at a community pharmacy as a licensable public health risk activity under the Public Health (Community Pharmacy) Risk Activity Declaration 2012 (No 1)
DI2012-210.
Schedule 2 Legislation Act 2001
(see s 5)
[2.1] Dictionary, part 1, definition of Standards Australia
omit
International
Explanatory note
This amendment updates the definition to reflect the change of name of
Standards Australia International Limited to Standards Australia Limited.
Schedule 3 Technical amendments
(see s 5)
substitute
37 Continuation of existing licences until renewal applications decided
Explanatory note
This amendment updates the heading in line with current legislative drafting practice.
[3.2] Sections 37 (4) and 61 (4), new note
insert
Note Found guilty––see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment inserts a standard note in line with current legislative drafting practice.
omit
disseminated
substitute
distributed
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.4] Section 107 (4) (b) (ii)
omit
bears
substitute
has
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
[3.6] Section 116 (1), new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts standard notes about statutory declarations.
substitute
Division 10.2 Claims against compensation fund
Explanatory note
This amendment updates the heading in line with current legislative drafting practice.
[3.8] Section 151 (1), new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts standard notes about statutory declarations.
[3.9] Section 152 (2), new note 1A
insert
Note 1A It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts a standard note in relation to statutory declarations which are mentioned in another note.
[3.10] Sections 176 (1) and 177 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
[3.11] Dictionary, definition of claimant
omit
the
Explanatory note
This amendment amends a heading description in the definition and is consequential on another amendment.
Part 3.2 Children and Young People Act 2008
omit
Aboriginal and Torres Strait Islander traditions and cultural values (including kinship rules)
substitute
the traditions and cultural values (including kinship rules) of Aboriginal and Torres Strait Islander people
Explanatory note
This amendment updates the provision in line with current legislative drafting practice.
omit
written
Explanatory note
This amendment omits a word that is redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
after 1st mention of
Islander
insert
person
Explanatory note
This amendment updates the provision in line with current legislative drafting practice.
omit
any or all
substitute
1 or both
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.16] Section 141 (1) (k), example
substitute
Example––par (k)
observances and practices relating to religious or spiritual beliefs, including the spiritual beliefs of Aboriginal or Torres Strait Islander people
Explanatory note
This amendment updates the example in line with current legislative drafting practice.
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.18] Section 183 (1), example 1
substitute
1 observances and practices relating to religious or spiritual beliefs, including the spiritual beliefs of Aboriginal or Torres Strait Islander people
Explanatory note
This amendment updates the example in line with current legislative drafting practice.
omit
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.20] Section 523 (1) (d) (ii), new example
insert
Example
the foster carer has moved and reasonable efforts to locate the foster carer have been unsuccessful
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 new example to illustrate the provision.
omit
Aboriginal or a Torres Strait Islander
substitute
an Aboriginal or Torres Strait Islander person
Explanatory note
This amendment updates the provision in line with current legislative drafting practice.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.23] Dictionary, definition of Aboriginal
omit
Explanatory note
This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.
[3.24] Dictionary, new definition of Aboriginal or Torres Strait Islander person
insert
Aboriginal or Torres Strait Islander person means a person who––
(a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Explanatory note
This amendment inserts a new definition of Aboriginal or Torres Strait Islander person that is in line with current legislative drafting practice.
[3.25] Dictionary, new definition of Children and Youth Services Council
insert
Children and Youth Services Council means the Children and Youth Services Council established under section 27.
Explanatory note
This amendment inserts a new definition of Children and Youth Services Council in line with current legislative drafting practice.
[3.26] Dictionary, definition of Torres Strait Islander
omit
Explanatory note
This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.
Part 3.3 Civil Law (Wrongs) Act 2002
[3.27] Section 58 (4) etc, new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
in
• section 58 (4)
• section 64 (4)
• section 68 (4)
Explanatory note
This amendment inserts standard notes about statutory declarations.
[3.28] Section 98 (3), definition of average weekly earnings, paragraph (a)
substitute
(a) the average weekly earnings seasonally adjusted for the ACT (all employees average weekly total earnings) in Average Weekly Earnings, Australia (State and Territory Earnings) issued by the Australian statistician; or
Note Average Weekly Earnings, Australia is issued in May and November
and is available at
.
Explanatory note
This amendment updates the definition of average weekly earnings because the ABS publication is now issued every 6 months (in May and November) instead of quarterly.
omit
any
substitute
part
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
omit
a natural person
substitute
an individual
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
the person
substitute
the individual
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
180 Definitions—pt 14.1
Explanatory note
This amendment updates the heading in line with current legislative drafting practice and corrects a cross-reference.
omit
, in writing,
in
• section 222 (1)
• section 222A (1)
• schedule 4, section 4.28 (4)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
insert
• Australian statistician
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.36] Dictionary, new definition of act of terrorism
insert
act of terrorism, for part 3.3 (Temporary exclusion of liability for terrorism-associated risks)—see section 37.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.37] Dictionary, definitions of accommodation unit, agent, common carrier, community organisation and community work
substitute
accommodation unit, for part 11.1 (Traveller accommodation providers liability)—see section 144.
agent, of an accommodation provider, for part 11.1 (Traveller accommodation providers liability)—see section 144.
common carrier, for part 11.2 (Common carriers)—see section 156.
community organisation, for part 2.2 (Volunteers)—see section 6.
community work, for part 2.2 (Volunteers)—see section 7.
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
[3.38] Dictionary, definition of costs, paragraph (a)
omit
chapter 14 (Limitations on legal costs)
substitute
part 14.1 (Maximum costs for certain personal injury damages claims)
Explanatory note
This amendment corrects a cross-reference.
[3.39] Dictionary, new definitions of donor, fit for human consumption and food
insert
donor, for part 2.2A (Food donors)—see section 11A.
fit for human consumption, in relation to food, for part 2.2A (Food donors)—see section 11A.
food, for part 2.2A (Food donors)—see section 11A.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
[3.40] Dictionary, definitions of innkeeper’s liability, intoxicated, mediation, mediation session, neutral evaluation and neutral evaluation session
substitute
innkeeper’s liability, for part 11.1 (Traveller accommodation providers liability)—see section 147.
intoxicated, for part 7.1 (Damages for personal injuries—exclusions and limitations)—see section 92.
mediation, for part 15.1 (Mediation and neutral evaluation)—see section 192 (1).
mediation session, for part 15.1 (Mediation and neutral evaluation)—see section 192 (2).
neutral evaluation, for part 15.1 (Mediation and neutral evaluation)—see section 192 (3).
neutral evaluation session, for part 15.1 (Mediation and neutral evaluation)—see section 192 (5).
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
[3.41] Dictionary, definition of personal injury damages
omit
chapter 14 (Limitations on legal costs)
substitute
part 14.1 (Maximum costs for certain personal injury damages claims)—
Explanatory note
This amendment corrects a cross-reference and updates the definition in line with current legislative drafting practice.
[3.42] Dictionary, definition of provide
substitute
provide traveller accommodation, for part 11.1 (Traveller accommodation providers liability)—see section 144.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.43] Dictionary, new definitions
insert
unsafe, in relation to food, for part 2.2A (Food donors)—see section 11A.
unsuitable, in relation to food, for part 2.2A (Food donors)—see section 11A.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
[3.44] Dictionary, definitions of voluntary basis and volunteer
substitute
voluntary basis, for part 2.2 (Volunteers)—see section 6.
volunteer, for part 2.2 (Volunteers)—see section 6.
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
Part 3.4 Crimes (Sentence Administration) Act 2005
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
in
• section 163 (1)
• section 221 (1)
• section 323 (1)
• section 324 (1)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.47] Section 325 (2), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note about the Legislation Act
, section 14 (2) to assist legislation users.
[3.48] Dictionary, new definitions
insert
administrative fee, for chapter 6A (Court imposed fines)––see section 116A.
default, for chapter 6A (Court imposed fines)––see section 116A.
default notice, for chapter 6A (Court imposed fines)––see section 116A.
earnings redirection order, for chapter 6A (Court imposed fines)––see section 116Y (2).
enforcement officer, for chapter 6A (Court imposed fines)––see section 116A.
examination hearing, for chapter 6A (Court imposed fines)––see section 116A.
examination notice, for chapter 6A (Court imposed fines)––see section 116P.
examination warrant, for chapter 6A (Court imposed fines)––see section 116R.
fine, for chapter 6A (Court imposed fines)––see section 116A.
fine defaulter, for chapter 6A (Court imposed fines)––see section 116A.
fine enforcement order, for chapter 6A (Court imposed fines)––see section 116A.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
[3.49] Dictionary, definition of full-time detainee
substitute
full-time detainee, for chapter 4 (Full-time detention)––see section 22 (1).
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.50] Dictionary, new definitions
insert
outstanding fine, in relation to a person, for chapter 6A (Court imposed fines)––see section 116A.
penalty notice, for chapter 6A (Court imposed fines)––see section 116A.
property seizure order, for chapter 6A (Court imposed fines)––see section 116ZA.
registrar, for chapter 6A (Court imposed fines)––see section 116A.
reminder notice, for chapter 6A (Court imposed fines)––see section 116A.
territory entity, for chapter 6A (Court imposed fines)––see the Auditor-General Act 1996
, dictionary.
voluntary community work order, for chapter 6A (Court imposed fines)––see section 116ZE.
young fine defaulter, for chapter 6A (Court imposed fines)––see section 116A.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
Part 3.5 Domestic Relationships Act 1994
omit
shall be taken to affect
substitute
affects
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Australian Statistician
substitute
Australian statistician
Explanatory note
This amendment revises the term to be consistent with the definition of that
term in the
, dictionary, part 1.
omit
shall be taken to affect
substitute
affects
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
notwithstanding that the matters referred to
substitute
even though the matters mentioned
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall not be taken to
substitute
do not
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.
insert
• Australian statistician
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.60] Further amendments, mentions of shall
omit
shall
substitute
must
in
• section 6 (1)
• section 11 (1)
• section 13 (1)
• section 14
• section 19 (2) and (3)
• section 22
• section 23
• section 27 (3) and (5)
• section 29 (2)
• section 30
• section 33 (1)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.61] Section 77 (3), new note 3
insert
Note 3 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts a standard note about statutory declarations.
omit
any
substitute
part
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• Australian statistician
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
omit
Australian Statistician
substitute
Australian statistician
Explanatory note
This amendment revises the term to be consistent with the definition of that
term in the
, dictionary, part 1.
[3.65] Dictionary, part 1, definition of previous representation
substitute
previous representation—
(a) for this Act generally—means a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of the representation is sought to be presented; and
(b) for division 3.2.2 (First-hand hearsay) (other than section 62 (2))—see section 62.
Explanatory note
This amendment remakes the definition to include a signpost definition for division 3.2.2.
[3.66] Dictionary, part 1, new definition of request
insert
request, for division 4.6.1 (Requests to produce documents or call witnesses)—see section 166.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
shall be
substitute
is
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.69] Section 140A (5), definition of authorised period, paragraph (a)
omit
or
substitute
and
Explanatory note
This amendment corrects a minor typographical error.
omit
shall be
substitute
is
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall be
substitute
are
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.
omit
• CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment removes a term that is no longer used in the Act.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.75] Dictionary, definition of inoperable firearm
omit
Explanatory note
This amendment omits a term that is no longer used in the Act.
[3.76] Dictionary, definition of security organisation
omit
(2)
substitute
(4)
Explanatory note
This amendment corrects a cross-reference.
[3.77] Further amendments, mentions of shall
omit
shall
substitute
must
in
• section 76 (b) to (e)
• sections 181 to 183
• sections 199 and 200 (1)
• sections 221 to 223
• sections 229 to 236
• sections 239 (1) and 240 (1)
• sections 241 and 242
• sections 250 and 251
• sections 253 to 256
• section 264
• sections 266 (2) and 267 (1) (b)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
in part 2, insert
13A Meaning of food standards code
(1) In this Act:
food standards code means the Australia New Zealand Food Standards Code as defined in the Commonwealth Act
, section 4 (1), as in force from time to time.
(2) The
, section 47 (6) does not apply to the food standards code.
Note The food standards code does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)).
Explanatory note
This amendment relocates the definition of food standards code
from the
, section 7 to the Act to assist legislation users.
omit
any 1 or more
substitute
1 or more
in
• section 15 (1)
• section 39
• section 40 (1)
• section 51 (1)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any 1 or more
substitute
1 or more
in
• section 53 (3)
• section 59 (4)
• section 80 (1)
• section 83 (1)
• section 84 (1) and (2)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
or all
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
in
• section 149 (1)
• section 150 (1)
• section 151 (1)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
substitute
(3) A regulation may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
Explanatory note
This amendment remakes subsection (3) to omit a paragraph made redundant as a
consequence of the definition of food standards code being
relocated from the
to the Act by another amendment.
omit
Despite section 152 (3) (a), a regulation
substitute
A regulation
Explanatory note
This amendment is consequential on the omission of section 152 (3) (a) by the previous amendment.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.88] Dictionary, definition of equipment
after
all or
omit
any
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.89] Dictionary, definition of food authority
omit
section 3 (1)
substitute
section 4 (1)
Explanatory note
This amendment corrects a cross-reference.
[3.90] Dictionary, definition of food safety standard
omit
section 3 (1)
substitute
section 4 (1)
Explanatory note
This amendment corrects a cross-reference.
[3.91] Dictionary, definition of food standards code
substitute
food standards code—see section 13A.
Explanatory note
This amendment is consequential on the insertion of new section 13A by another amendment and updates the signpost definition of food standards code with the new section reference.
[3.92] Dictionary, definition of premises
substitute
premises includes—
(a) land (whether or not vacant); or
(b) any part of a building, tent, stall or other structure (whether of a permanent or temporary nature); or
(c) a pontoon; or
(d) a food transport vehicle or any other vehicle.
Explanatory note
This amendment corrects numbering and updates language in line with current legislative drafting practice.
[3.93] Further amendments, 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).
in
• section 8 (1) (c)
• section 11 (1) (b)
• section 30 (4) (b)
• section 92 (2)
• section 108 (3)
Explanatory note
This amendment inserts a standard note about examples.
Part 3.10 Food Regulation 2002
omit
Explanatory note
This amendment omits the definition of food standards code as a consequence of the definition being relocated to the Food Act 2001
by another amendment.
omit
pt 9
substitute
pt 10
Explanatory note
This amendment corrects a cross-reference.
omit
determined after 31 December 2003
Explanatory note
This amendment omits a transitional arrangement that no longer has any practical application.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
omit
• sitting day
• territory authority
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment removes terms that are no longer used in the Act.
Part 3.12 Interactive Gambling Act 1998
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.100] Dictionary, new note 3
insert
Note 3 The Control Act contains definitions relevant to this Act. For example, the following terms are defined in the Control Act, dictionary:
• authorised officer
• code of practice
• commission
• gaming officer.
Explanatory note
The Act, section 7 provides that the Gambling and Racing Control Act 1999
is incorporated and must be read as one with the Act. This amendment inserts
a new note in the Act, dictionary to assist users in interpreting the Act.
Dictionary, new note 3 lists examples of terms used in the Act and defined in
the
.
Part 3.13 Lands Acquisition Act 1994
omit
Notwithstanding
substitute
Despite
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
a natural person
substitute
an individual
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• Australian statistician
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
Part 3.14 Medicines, Poisons and Therapeutic Goods Act 2008
[3.105] Section 83 (2), new note 1A
insert
Note 1A It is an offence to make a false or misleading statement,
give false or misleading information or produce a false or misleading document
(see
, pt 3.4).
Explanatory note
This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.
[3.106] Section 95 (2), new note 3
insert
Note 3 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.
[3.107] Section 97 (2), new note 2
insert
Note 2 It is an offence to make a false or misleading statement,
give false or misleading information or produce a false or misleading document
(see
, pt 3.4).
Explanatory note
This amendment inserts a standard note about making a false or misleading statement in a statutory declaration.
[3.108] Section 190 (3) (b) and (4)
omit
subsection (1) (a)
substitute
subsection (1) (b)
Explanatory note
This amendment corrects cross-references.
insert
• chief health officer
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts new terms used in the Act
and defined in the
, dictionary, part 1.
[3.110] Dictionary, definition of chief pharmacist
relocate to Medicines, Poisons and Therapeutic Goods Regulation 2008, dictionary
Explanatory note
This amendment relocates to the Medicines, Poisons and Therapeutic Goods Regulation 2008
, dictionary a term that is used only in that regulation.
[3.111] Dictionary, definition of declared substance
omit
Supply of certain
substitute
Dealings with
Explanatory note
This amendment corrects the reference to the heading to the Act, part 4.1.
[3.112] Dictionary, definition of drug-dependent person
relocate to Medicines, Poisons and Therapeutic Goods Regulation 2008, dictionary
Explanatory note
This amendment relocates to the Medicines, Poisons and Therapeutic Goods Regulation 2008
, dictionary a term that is used only in that regulation.
[3.113] Dictionary, definition of medicines advisory committee
omit
by
substitute
under
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.114] Dictionary, definition of prescribe
substitute
prescribe a medicine means issue a prescription for the medicine.
Explanatory note
This amendment revises the definition to make it clear that the reference to prescribe means prescribe a medicine. Other references to prescribe in the Act relate to prescribe something in a regulation under the Act.
[3.115] Dictionary, definition of vending machine
omit
(Other offences—vending machines)
substitute
(Vending machines—offences)
Explanatory note
This amendment corrects the reference to the heading to division 4.3.5.
Part 3.15 Prohibited Weapons Act 1996
omit
firearm
substitute
weapon or article
Explanatory note
Section 3 is about possession of a prohibited weapon or prohibited article. This amendment revises the language of section 3 (1) (c) to be consistent with the remainder of the provision.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.118] Sections 11 to 13 and 15
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.119] Section 16 (2), new note
insert
Note Found guilty—see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment inserts a standard note to assist users of the legislation.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term used in the Act and
defined in the
, dictionary, part 1.
Part 3.16 Public Health Act 1997
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
[3.123] Sections 12 and 13, notes
substitute
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
, s 207).
Explanatory note
This amendment updates the notes in line with current legislative drafting practice.
substitute
Note 1 For the making of appointments (including acting appointments),
see the
, pt 19.3.
Explanatory note
This amendment updates the note in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
or provision of an instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.127] Section 22 (3), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
or provision of an instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.129] Section 42D (3), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
[3.130] Section 61 (4) and (5)
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
pursuant to
substitute
under
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any of
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall remain
substitute
remains
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall not, only because of that supply, be taken
substitute
is not, only because of that supply, taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
shall not, only because of that printing or publishing, be taken
substitute
is not, only because of that printing or publishing, taken
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any of
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any of
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
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
or provision of an instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.142] Section 100 (3), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
, in writing
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
[3.144] Section 102 (1) (a) (ii)
omit
in writing
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
omit
where
substitute
if
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Where this section applies, an
substitute
The
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
or all
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
where
substitute
if
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
Where this section applies, the
substitute
The
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
Where
substitute
If
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.153] Section 119 (1) and (4)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
omit
any or all of
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
or provision of an instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.157] Section 133 (2), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
[3.158] Sections 137 (1) and 137A (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.159] Further amendments, mentions of shall
omit
shall
substitute
must
in
• section 4
• section 10 (1)
• section 16
• section 20
• sections 29 and 30
• sections 33 to 35
• section 37
• sections 39 and 40
• section 42
• section 45
• sections 47 to 50
• sections 53 and 54
• section 56
• sections 57 to 61 (3)
• sections 62 and 63
• sections 65 and 66 (4)
• section 66C
• sections 66G to 66I
• section 66K
• sections 67 to 73 (4)
• section 77
• sections 79 to 89 (2)
• sections 93 (2) and 94
• section 98
• section 99 (a) and (c)
• sections 103 to 107
• sections 109 and 110
• sections 112 and 113
• section 115
• sections 116 to 118
• sections 119 and 120
• sections 123 to 125
• section 127 (1)
• section 129
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.17 Public Health Regulation 2000
omit
in writing
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
, in writing
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
[3.162] Section 8 (1), new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts standard notes about statutory declarations.
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
substitute
Note For the making of appointments (including acting appointments),
see the
, pt 19.3.
Explanatory note
This amendment updates the notes in line with current legislative drafting practice.
[3.166] Sections 51 (2), 52 (1) and 53 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
• authorised nurse practitioner
Explanatory note
This amendment omits a term that is no longer used in the regulation.
[3.168] Dictionary, definition of building
omit
Explanatory note
This amendment omits a term that is no longer used in the regulation.
Part 3.18 Residential Tenancies Act 1997
omit
retirement villages,
Explanatory note
This amendment omits words that are now redundant because of the Justice and Community Safety Legislation Amendment Act 2013
, which omitted section 4 (a) of the Residential Tenancies Act 1997
. Section 4 (a) provided that the Act did not apply to a retirement village.
[3.170] Section 11A (7), definition of publish
omit
disseminate
substitute
distribute
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
retirement villages,
Explanatory note
This amendment omits words that are now redundant because of the Justice and Community Safety Legislation Amendment Act 2013
, which omitted section 4 (a) of the Residential Tenancies Act 1997
. Section 4 (a) provided that the Act did not apply to a retirement village.
after
,
insert
dict,
Explanatory note
This amendment corrects a cross-reference.
Part 3.19 Road Transport (Alcohol and Drugs) Act 1977
omit
Road Transport (Safety and Traffic Management) Act 1999
(NSW), section 33 (4), (5) or (6)
substitute
(NSW), schedule 3, clause 36
Explanatory note
This amendment updates the name of an Act and cross-references because the Road Transport (Safety and Traffic Management) Act 1999
(NSW) has been repealed and replaced with the Road Transport Act 2013
(NSW).
omit
Road Transport (Safety and Traffic Management) Act 1999
(NSW), section 33B, section 33D or section 35
substitute
(NSW), schedule 3, clause 36
Explanatory note
This amendment updates the name of an Act and cross-references because the Road Transport (Safety and Traffic Management) Act 1999
(NSW) has been repealed and replaced with the Road Transport Act 2013
(NSW).
omit
Explanatory note
This amendment omits the provision as a consequence of the insertion of a definition of road related area in the dictionary by another amendment. The inserted definition includes the substance of section 51 (2).
[3.176] Dictionary, new definition of road related area
insert
road related area—
(a) means an area that is a road related area under the Road Transport (General) Act 1999
; and
(b) includes an area prescribed by regulation as a road related area for this Act.
Explanatory note
This amendment inserts a new definition of road related area to assist users of the legislation. The substance of paragraph (b) is relocated from section 51 (2), which is omitted by another amendment.
Part 3.20 Road Transport (Public Passenger Services) Regulation 2002
omit
, or a provision of an instrument,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.178] Section 68 (4), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
, or a provision of an instrument,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.180] Section 156 (4), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
, or a provision of an instrument,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.182] Section 219 (4), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
, or a provision of an instrument,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.184] Section 303 (4), new note 3
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
Part 3.21 Road Transport (Safety and Traffic Management) Act 1999
omit
section 15
substitute
schedule 1, section 1.2
Explanatory note
This amendment corrects a cross-reference.
insert
(5) In this section:
registered interest, in relation to a motor vehicle, means an interest in the vehicle that is registered under the Personal Property Securities Act 2009
(Cwlth).
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 10D. The definition is omitted from the dictionary by another amendment.
[3.187] Section 25 (3) (c), 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.
omit
bears
substitute
has
Explanatory note
This amendment updates language to make the wording of the provision
consistent with the
, section 58 (which deals with evidential burden of proof).
omit
• another jurisdiction
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. This amendment omits a term that is no longer used in the Act.
insert
• Australian driver
• driver licence
• external driver licence
• infringement notice
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. This amendment inserts terms that are used in the Act and
defined in the
, dictionary.
omit
• jurisdiction
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. This amendment omits a term that is no longer used in the Act.
insert
• registered operator
• responsible person
• rider
• traffic
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. This amendment inserts terms that are used in the Act and
defined in the
, dictionary.
omit the definitions of
Australian driver licence
driver licence
external driver licence
infringement notice
registered interest
registered operator
responsible person
rider
traffic
Explanatory note
This amendment omits commonly-used terms (other than registered interest) which are defined in the Road Transport (General) Act 1999
, dictionary. It is consequential on the insertion, by another amendment, of
the omitted terms in dictionary, note 3. Dictionary, note 3, refers users to the
, dictionary for the definitions of words and expressions commonly used in road transport legislation. The definition of registered interest is omitted as a consequence of its relocation to section 10D by another amendment.
Part 3.22 Taxation Administration Act 1999
omit
shall
substitute
must
in
• section 40 (2)
• section 42 (3)
• section 54 (3)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.195] Section 82 (3), new notes
insert
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts standard notes about statutory declarations.
insert
• Australian statistician
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts terms mentioned in the Act and
defined in the
, dictionary, part 1.
Part 3.23 Tree Protection Act 2005
omit
or provision of an instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
insert
Note A reference to an instrument includes a reference to a provision
of an instrument (see
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
written
Explanatory note
This amendment omits a word that is redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
[3.200] Dictionary, definition of incorporated document
omit
(or provision of an instrument)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.201] Dictionary, definition of incorporated document, new note
insert
Note A reference to an instrument includes a reference to a provision
of an instrument (see
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
Part 3.24 Work Health and Safety Act 2011
omit
external review body
substitute
ACAT
Explanatory note
In the equivalent provision in the model bill for the Act, the term ‘external review body’ was used, with a jurisdictional note to the effect that each jurisdiction should specify the external review body for the jurisdiction. Section 229 (1) provides that a person may apply to the ACAT for review of certain decisions, making it clear that the external review body is intended to be the ACAT. This amendment corrects the reference.
substitute
Note The power to approve a code of practice includes the power to amend or repeal the approval of the code of practice. The power to amend or repeal the approval is exercisable in the same way, and subject to the same conditions, as the power to make it (see Legislation Act
, s 46).
Explanatory note
Under section 274 (1), the Minister may approve a code of practice. This amendment revises the note to clarify that the power to approve a code of practice includes the power to amend or repeal the approval.
[3.204] Section 274 (4), note 2
substitute
Note 2 An amendment or repeal of an approval of a code of practice is also a notifiable instrument (see Legislation Act
, s 46 (2)).
Explanatory note
This amendment revises a note about the effect of an amendment or repeal of an approval. The revised note makes it clear that the amendment or repeal of the approval of a code of practice is a notifiable instrument.
Part 3.25 Work Health and Safety Regulation 2011
[3.205] Section 7 (4), definition of strata title body corporate
omit
, section 38 (Establishment of owners corporations)
substitute
, section 8 (Owners corporation—establishment)
Explanatory note
This amendment updates a cross-reference. The Unit Titles Act 2001
was amended by the
to omit section 38 and remake it as section 8 in the Unit Titles (Management) Act 2011
.
Part 3.26 Workers Compensation Act 1951
[3.206] Section 16 (1) (a), 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.
[3.207] Section 20 (1), definition of CPI
omit
Australian Statistician
substitute
Australian statistician
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.208] Section 129 (5), new note 2
insert
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
Explanatory note
This amendment inserts a standard note about statutory declarations.
omit
shall not be
substitute
is not
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
chapter
substitute
part
in
• section 179A (1) and (2)
• section 179B
• section 179C (1)
• section 179D (1) and (2)
• section 179E (1)
• section 179F (a)
Explanatory note
The Act, chapter 15 was amended by the Workers Compensation (Terrorism) Amendment Act 2012
and the chapter, as amended, was relocated as part 8.3. This amendment corrects references to ‘chapter’ in part 8.3 that are necessary as a consequence of that relocation.
insert
• Australian statistician
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment inserts a term mentioned in the Act and
defined in the
, dictionary, part 1.
[3.212] Dictionary, definition of AWE, paragraph (a)
substitute
(a) the average weekly earnings seasonally adjusted for the ACT (all employees average weekly total earnings) in Average Weekly Earnings, Australia (State and Territory Earnings) issued by the Australian statistician; or
Note Average Weekly Earnings, Australia is issued in May and November
and is available at
.
Explanatory note
This amendment updates the definition of AWE because the ABS publication is now issued every 6 months (in May and November) instead of quarterly.
[3.213] Dictionary, definition of awe indexed
substitute
awe indexed, for an amount, for chapter 4 (Entitlement to compensation)—see section 20.
Explanatory note
This amendment updates a signpost definition for a term defined elsewhere in the Act.
[3.214] Dictionary, definition of cpi indexed
substitute
cpi indexed, for an amount, for chapter 4 (Entitlement to compensation)—see section 20.
Explanatory note
This amendment updates a signpost definition for a term defined elsewhere in the Act.
[3.215] Dictionary, definition of workplace injury
substitute
workplace injury, for chapter 5 (Injury management process)—see section 86.
Explanatory note
This amendment updates a signpost definition for a term defined elsewhere in the Act.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 September 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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