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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
A Bill for
An Act to amend legislation for the purpose of statute law revision, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Statute Law Amendment Act 2013.
This Act commences on the 21st 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.
This Act repeals the legislation mentioned in schedule 4.
(see s 5)
substitute
(b) must include a requirement that the arbitrator—
(i) be a person with experience in determining industrial awards or a barrister with mediation experience; and
(ii) have appropriate experience to enable the arbitrator to carry out the arbitrator’s role; and
Explanatory note
Section 106 provides an arbitration process to resolve matters relating to establishing core conditions for service contracts for visiting medical officers that are not resolved by negotiations under section 103 or mediation (see section 106 (2)). This amendment broadens the field from which arbitrators can be selected under section 106 (5) (b) and clarifies the reference to ‘appropriate experience’.
omit
Explanatory note
Section 23 (1) provides that the appointment of the ombudsman must not be longer than 7 years. Section 23 (2) provides that a person who is 65 years old or older must not be appointed as ombudsman, and the appointment of an ombudsman must not extend beyond the ombudsman’s 65th birthday. This amendment makes section 23 consistent with the Ombudsman Act 1976
(Cwlth), section 22 (Tenure of office) and allows the ACT to appoint a person as ombudsman who is, or will be, 65 years old or older during the term of the appointment.
The ombudsman for the ACT currently holds office under the ACT Self-Government (Consequential Provisions) Act 1988
(Cwlth), section 28. Section 28 (3) of that Act
provides that the person currently holding office as Ombudsman under the Ombudsman Act 1976
(Cwlth) is taken to be the ACT ombudsman until the appointment of the ACT ombudsman under ACT law.
Part 1.3 Road Transport (Third-Party Insurance) Act 2008
omit everything before paragraph (a), substitute
(2) However, the documents mentioned in subsection (1) (c) may be given to the insurer of a person identified in the police report as being at fault in the motor accident within the period mentioned in that subsection if the injured person—
Explanatory note
This amendment is consequential on the inclusion of new section 72 (4) to (6) by another amendment. This amendment also updates language in line with current legislative drafting practice.
omit everything before paragraph (a), substitute
(3) If the person has applied for a police report but has not received it in time to comply with the time limit mentioned in subsection (1) (c), it is sufficient if—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[1.5] New section 72 (4) to (6)
insert
(4) If the person is under a legal disability, the period mentioned in subsection (1) (c) begins when the legal disability ends.
(5) However, subsection (4) does not prevent the person, or someone acting for the person, from complying with this section while the person is under a legal disability.
(6) In this section:
legal disability—a person is under a legal
disability in the circumstances in which a person is under a disability
for the
.
Explanatory note
This amendment revises section 72 to exclude a person entitled to early payment for medical expenses under chapter 3 from the requirement to comply with the time limit under that section while the claimant is under a legal disability. This amendment brings chapter 3 into line with chapter 4. Section 98 in that chapter excludes a claimant for compensation who is under a legal disability from the requirement to comply with a time limit under chapter 4.
Schedule 2 Legislation Act 2001
(see s 5)
[2.1] Section 31, definition of scrutiny committee principles
substitute
scrutiny committee principles means the terms of reference of the Legislative Assembly standing committee performing the duties of a scrutiny of bills and subordinate legislation committee that apply to subordinate laws and disallowable instruments.
Explanatory note
This amendment updates the definition as a consequence of a change in the name of the committee.
Schedule 3 Technical amendments
(see s 5)
Part 3.1 Administrative Decisions (Judicial Review) Act 1989
[3.1] Section 10 (6), definition of relevant day, paragraph (d)
after
decision
insert
is given to the applicant
Explanatory note
remade section 10 to bring the language and structure of the section more closely into line with current legislative drafting practice. In the course of remaking section 10, some words from the definition of relevant day, paragraph (d) were inadvertently omitted. Without the words, the paragraph does not make sense. This amendment revises the definition to reinsert the missing words.
Part 3.2 Animal Diseases Regulation 2006
[3.2] Sections 8 (3) and 41 (2), new note
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.
omit
• person
insert
• person (see s 160)
Explanatory note
This amendment updates the term in line with current legislative drafting practice.
insert
• chief veterinary officer
Explanatory note
This amendment inserts a new term to assist legislation users and is consequential on another amendment.
omit
• director
Explanatory note
This amendment omits a redundant term.
[3.6] Further amendments, mentions of director
omit
director
substitute
chief veterinary officer
in
• section 15 (2) (c)
• section 28 (d) and (e)
• section 35 (1) and (2)
• section 44 (3)
• dictionary, definition of approved vaccine
Explanatory note
This amendment updates the regulation to reflect the change of title of the
Director of Veterinary Health to ‘Chief Veterinary Officer’ in the
made by the Animal Diseases Amendment Act 2009
.
[3.7] Section 14D (2), 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.
[3.8] Sections 19A (2), 19E (2) and 20 (4), new note
insert
Note An appointment must be in writing (see Legislation Act
, s 206).
Explanatory note
This amendment inserts a standard note about appointments.
[3.9] Section 26B (2), 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.
[3.10] Section 28A (5), new definition of asbestos advice
after the note, insert
asbestos advice—see the Dangerous Substances Act 2004
, section 47J.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 28A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.11] Section 32B (2), 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.
[3.12] Section 97 (2) (b), 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.
[3.13] Section 122 (1), new note
insert
Note For the making of appointments (including acting appointments),
see the
, pt 19.3.
Explanatory note
This amendment inserts a standard note about appointments.
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.
[3.15] Section 139B (4), 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.
[3.16] Dictionary, definition of asbestos advice
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment.
[3.17] Dictionary, definition of completion day
omit
section 84
substitute
section 85
Explanatory note
This amendment corrects a cross-reference.
[3.18] Dictionary, definition of eligible entity
omit
section 17
substitute
section 18
Explanatory note
This amendment corrects a cross-reference and brings the provision into line with current legislative drafting practice.
[3.19] Dictionary, definition of removal
omit
Explanatory note
This amendment omits a definition that is no longer used in the Act. The term
is, however, used in the
and has been relocated to the regulation by another amendment.
[3.20] Dictionary, definition of special actuary
omit
section 84
substitute
section 122
Explanatory note
This amendment corrects a cross-reference and brings the provision into line with current legislative drafting practice.
Part 3.4 Building and Construction Industry Training Levy Act 1999
omit
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
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.
[3.23] Dictionary, definition of authority
after
Building and Construction Industry Training Fund Authority
insert
established under section 4
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.5 Building (General) Regulation 2008
in part 1, insert
4A Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1 Criminal Code
The
, ch 2 applies to all offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Explanatory note
This amendment inserts a standard information provision that states that the
applies to all offences against this regulation.
[3.25] Section 6 (6), definition of minor maintenance
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.
[3.27] Section 13 (2) (a), new note
insert
Note AS 2601 may be purchased at www.standards.org.au
.
Explanatory note
This amendment adds a note about where the standard may be purchased.
insert
(3) In this section:
removal, of a building––
(a) means the removal of the building from a place for re-erection, with or without further alteration, at another place; and
(b) includes the demolition of part of the building removed or proposed to be removed.
Explanatory note
This amendment relocates a definition of a term from the Building Act 2004
, dictionary to the regulation, section 13 because the term is used only in that section.
[3.29] Section 17 (2), example 3
omit
associated with
substitute
with associated
Explanatory note
This amendment corrects a minor typographical error.
[3.30] Section 17 (2), new note
insert
Note 1A Australian standards may be purchased at www.standards.org.au
.
Explanatory note
This amendment adds a note about where the standards may be purchased.
[3.31] Section 17 (8), definitions of AS 1684, AS 2870, AS 3623 and AS 3700
omit
Australian Standard
substitute
AS
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.32] Schedule 1, section 1.1, definition of AS 1742
substitute
AS 1742 means AS 1742 (Manual of uniform traffic control devices), as in force from time to time.
Note Australian standards may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice and adds a note about where the standards may be purchased.
[3.33] Schedule 1, section 1.1, new definition of AS 3533
insert
AS 3533 means AS 3533 (Amusement rides and devices––Design and construction), as in force from time to time.
Explanatory note
This amendment inserts a definition of a term used in the regulation, schedule 1.
[3.34] Schedule 1, section 1.1, definition of AS/NZS 3845
omit
Australian and New Zealand Standard
Explanatory note
This amendment omits unnecessary words and brings the provision into line with current legislative drafting practice.
insert
• AS (see s 164 (1))
• AS/NZS (see s 164 (2))
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment inserts new terms mentioned in the regulation and defined in the Legislation Act
, dictionary, part 1.
[3.36] Dictionary, definition of AS 1100
substitute
AS 1100 means AS 1100 (which is about technical drawing) as in force from time to time, and includes AS/NZS 1100.501.
Note Australian standards may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice and adds a note about where the standards may be purchased.
[3.37] Dictionary, new definition of AS 3533
insert
AS 3533, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the regulation.
Part 3.6 Civil Law (Sale of Residential Property) Regulation 2004
[3.38] Section 7 (8), definition of AS 4349.1 and note
substitute
AS 4349.1 means AS 4349.1 (Inspection of buildings – Pre-purchase inspections – Residential buildings), as in force from time to time.
Note AS 4349.1 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.39] Section 10 (6), definition of AS 4349.3 and note
substitute
AS 4349.3 means AS 4349.3 (Inspection of buildings – Timber pest inspections), as in force from time to time.
Note AS 4349.3 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• AS (see s 164)
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment inserts a term mentioned in the regulation and defined in the Legislation Act
, dictionary, part 1.
Part 3.7 Corrections Management Act 2007
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language 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.
[3.43] Dictionary, definition of administrative penalty
substitute
administrative penalty—see section 184.
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.44] Dictionary, definition of charge notice
substitute
charge notice—see section 159.
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.45] Dictionary, definition of corresponding corrections law
omit
Explanatory note
This amendment omits a redundant definition. A corresponding corrections law is a law of a State or another Territory declared to be a corresponding corrections law under section 225. Outside of section 225, the term is used only in section 222 and is defined in section 222 (1) for the section.
[3.46] Dictionary, definitions of disciplinary action and disciplinary breach
substitute
disciplinary action—see section 183.
disciplinary breach—see section 152.
Explanatory note
This amendment updates definitions in line with current legislative drafting practice.
[3.47] Dictionary, definition of investigator
substitute
investigator—see section 153.
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.48] Dictionary, definition of privilege
substitute
privilege, in relation to a detainee—see section 154.
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
Part 3.8 Court Procedures Act 2004
in division 7A.1, insert
68A Definitions—pt 7A and div 7A.1
(1) In this part:
care and protection chapters means the care and protection
chapters under the
.
child—see the Children and Young People Act 2008
, section 11.
director-general means the director-general responsible for the
.
young person—see the Children and Young People Act 2008
, section 12.
(2) In this division:
daily care responsibility—see the Children and Young People Act 2008
, section 19.
long-term care responsibility—see the Children and Young People Act 2008
, section 20.
victim, of an offence—see the Crimes (Sentencing) Act 2005
, section 47.
Explanatory note
This amendment inserts a new section that defines terms for part 7A and division 7A.1. Some of the definitions for part 7A are relocated from section 74J, which is omitted by another amendment. The definitions for division 7A.1 are relocated from section 71 and section 72, which are amended by other amendments.
omit
of the
Explanatory note
This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.
omit
Explanatory note
This amendment is consequential on the inclusion of the definitions of daily care responsibility, long-term care responsibility and victim in a definitions section inserted by another amendment.
substitute
(f) the director-general or an authorised person under the Children and Young People Act 2008
;
Explanatory note
This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.
omit
of the
Explanatory note
This amendment is consequential on the insertion of a definition of care and protection chapters in a definitions section inserted by another amendment.
omit
responsible for the
Explanatory note
This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.
substitute
(4) In this section:
circle sentencing—see the Magistrates Court Act 1930
, section 291L.
Explanatory note
This amendment is consequential on the relocation of 3 definitions to a definitions section by another amendment.
[3.56] Sections 74A (2), 74C (2) (a) and 74D (1)
omit
responsible for the
Explanatory note
This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.
omit
Explanatory note
This amendment omits a definitions provision that relates only to the division. The terms that were defined in the section and used throughout the part are included in a new definitions provision that is inserted by another amendment. The term in need of care and protection, used only in section 74K, is inserted in that section by another amendment.
insert
(5) In this section:
in need of care and protection, for a child or young
person—see the
, section 345.
Explanatory note
This amendment defines a term that is used only in section 74K. The definition had been included in a definitions provision, applicable to the whole division, that is omitted by another amendment.
[3.59] Section 80 (3), definition of earnings, paragraph (a)
omit
emolument
substitute
amount
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.60] Section 80 (3), definition of earnings, paragraph (b) (ii)
substitute
(ii) periodical payments in relation to compensation for the loss, or any reduction in benefits, of any office or employment; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
forth
substitute
out
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.62] Dictionary, new definitions
insert
care and protection chapters, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A.
daily care responsibility, for division 7A.1
(General)—see the
, section 19.
director-general, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A.
long-term care responsibility, for division 7A.1
(General)—see the
, section 20.
victim, of an offence, for division 7A.1 (General)—see
the
, section 47.
Explanatory note
This amendment inserts signpost definitions in line with current legislative drafting practice.
Part 3.9 Crimes (Sentencing) Act 2005
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.64] Sections 16 (1), note 1 and 19 (1), note 1
omit
Explanatory note
This amendment omits notes about the definition of found guilty. A reference to the definition of the term in the Legislation Act
, dictionary, part 1 is inserted in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act
, dictionary, part 1) by another amendment.
[3.65] Section 33 (1) (y), note
omit
s 31
substitute
s 36
Explanatory note
This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012
.
[3.66] Sections 85, 115, 133B, 133N, 133U and 133Y headings
substitute
85 Meaning of community service condition
115 Meaning of deferred sentence obligations
133B Meaning of young offender
133N Meaning of education and training condition
133U Meaning of supervision condition
133Y Meaning of accommodation order
Explanatory note
This amendment—
• substitutes the headings to sections 85 and 115 because the definitions in those sections apply to the whole Act, not just the parts in which they appear; and
• updates the section headings to sections 133B, 133N, 133U and 133Y 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 that is mentioned in the
Act and defined in the
, dictionary, part 1.
[3.68] Dictionary, definition of correctional centre
omit
substitute
Explanatory note
This amendment corrects a cross-reference.
[3.69] Dictionary, definition of deferred sentence obligations
substitute
deferred sentence obligations, for an offender—see section 120.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
substitute
Note A defendant has an evidential burden in relation to the matters mentioned in s (1) and s (2) (see s 58 (3)).
Explanatory note
This amendment makes the wording of the note consistent with the language used in section 58.
substitute
Note A defendant has an evidential burden in relation to the matters mentioned in s (5) and s (6) (see s 58 (3)).
Explanatory note
This amendment makes the wording of the note consistent with the language used in section 58.
[3.72] Sections 404 (3) and 407 (2)
omit
In the prosecution of
substitute
In a prosecution for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.73] Division 4.1.3 heading, note
substitute
Note A defendant has an evidential burden in relation to the defences in this division (see s 58 (3)).
Explanatory note
This amendment makes the wording of the note consistent with the language used in section 58.
[3.74] Sections 415 (2) and 424 (3)
omit
In the prosecution of
substitute
In a prosecution for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
In the prosecution of
substitute
In a prosecution for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.76] Dictionary, definition of property and note
substitute
property—
(a) for this Act generally—includes the following:
(i) electricity;
(ii) gas;
(iii) water;
(iv) a wild creature that is tamed or ordinarily kept in captivity or that is, or is being taken into, someone’s possession;
(v) any organ or part of a human body and any blood, ova, semen or other substance extracted from a human body; and
(b) for part 4.1 (Property damage offences)—see section 400.
Note For further definition of property, see the Legislation Act
, dict, pt 1.
Explanatory note
The current definition of property does not refer to the definition of the term in section 400. This amendment expands the definition with a signpost definition of the term in line with current legislative drafting practice.
[3.77] Dictionary, definition of threat
substitute
threat—
(a) for this Act generally—includes a threat made by any conduct, whether explicit or implicit and whether conditional or unconditional; and
(b) for part 4.1 (Property damage offences)—see section 402.
Explanatory note
The current dictionary definition of threat does not refer to the definition of the term in section 402. This amendment expands the definition with a signpost definition of the term in line with current legislative drafting practice.
Part 3.11 Cultural Facilities Corporation Act 1997
omit
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
[3.79] Dictionary, definition of corporation
substitute
corporation means the Cultural Facilities Corporation established under section 5.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.12 Domestic Animals Act 2000
insert
(3) In this section:
animal boarding facility means a kennel, cattery, stable or other premises where animals are kept temporarily by a person other than a keeper of the animal.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 23, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.81] Section 143 (2), new note
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 standard note about the Legislation Act
, section 14 (2)) to assist legislation users.
omit
written
Explanatory note
This amendment omits a redundant word because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
[3.83] Dictionary, definition of animal boarding facility
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 23 by another amendment.
Part 3.13 Domestic Animals Regulation 2001
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 standard note about the Legislation Act
, section 14 (2)) to assist legislation users.
omit
• person
insert
• person (see s 160)
Explanatory note
This amendment updates the term in line with current legislative drafting practice.
[3.86] Dictionary, definition of corresponding law, paragraphs (c) and (d)
substitute
(c)
(Vic);
(d)
(Vic).
Explanatory note
This amendment updates the definition because the title of the Victorian Act and regulations has changed. The title of the Act was changed from the Domestic (Feral and Nuisance) Animals Act 1994
(Vic) to the
(Vic) by the
(Vic), section 3. The title of the regulations was changed from the
(Vic) to the
(Vic) by the
(Vic), section 5.
[3.87] Section 10 (3), new definition of intellectual property
insert
intellectual property means––
(a) a business name, trading name, trade mark, industrial design, patent, registered design or copyright; or
(b) a right, whether or not under a franchise arrangement, to use or exploit—
(i) a business name, trading name, trade mark or industrial design; or
(ii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 10, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.88] Section 62 (5) (e), 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.
[3.89] Section 63 (4), new definition of pooled superannuation trust
insert
pooled superannuation trust means an entity that is a pooled superannuation trust under the Superannuation Industry (Supervision) Act 1993
(Cwlth), section 44.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 63, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment. The amendment also updates the definition in line with current legislative drafting practice.
insert
(3) In this section:
non-commercial Commonwealth authority means a body corporate (other than an incorporated company, society or association) that—
(a) is incorporated for a public purpose by or under a law of the Territory or the Commonwealth; and
(b) does not have as its sole or principal function the carrying on of an activity in the nature of a business, whether or not for profit.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 64, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.91] Section 73A (4), definition of residential lease
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment.
[3.92] Section 74B (5), 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.
[3.93] Section 75AA, definition of residential lease
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of another amendment.
omit
and private unit trust scheme
Explanatory note
This amendment omits a term mentioned in the note that is relocated from the dictionary to section 78A by another amendment.
insert
(2) In this section:
private unit trust scheme means a unit trust scheme that is not a public unit trust scheme.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 78A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
omit
Explanatory note
This amendment omits a note that is made redundant as a result of another amendment.
insert
(3) In this section:
territory company means––
(a) a company incorporated (or taken to be incorporated) under the Corporations Act
that is taken to be registered in the ACT; or
(b) a corporation that is incorporated under a territory Act.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 103, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.98] Section 115H (5), 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
(5) In this section:
determined amount, of duty, means the amount determined by the Minister, or calculated in a way determined by the Minister, under the Taxation Administration Act, section 139.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 185, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment. The amendment also updates the definition in line with current legislative drafting practice.
[3.100] Section 201 (3), new definition of international trade insurance
insert
international trade insurance means any of the following:
(a) insurance of freight against loss or damage in the course of, or incidental to, international transport of the freight;
(b) insurance of an aircraft or ship (a carrier) against loss or damage during a particular period when the carrier is under construction or undergoing refitting, maintenance or repairs if when the insurance was effected, the carrier’s owner intended to use the carrier––
(i) entirely or mainly for the international transport of freight; and
(ii) for an indefinitely continuing period beginning immediately after the completion of the construction, refitting, maintenance or repairs;
(c) insurance of a carrier against loss or damage in the course of, or incidental to, a particular journey if, when the insurance was effected, the owner intended that the journey would be entirely or mainly for the international transport of freight;
(d) insurance of a carrier against loss or damage during a particular period if, when the insurance was effected, the carrier’s owner intended the carrier to be used during that period entirely or mainly for the international transport of freight.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 201, in line with current legislative drafting practice. The amendment also updates the definition in line with current legislative drafting practice.
omit
all or any of the people in whose names
substitute
each person in whose name
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.102] Section 208 (3), new note
insert
Note 2A 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.
omit
For this section:
substitute
In this section:
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.104] Section 211A (3), new definition of person with a disability
insert
person with a disability means a person who has a disability that—
(a) is attributable to an intellectual, psychiatric, sensory, physical or neurological impairment, or acquired brain injury; and
(b) is likely to be permanent; and
(c) results in substantially reduced capacity in self-care, self-management, mobility or communication requiring significant ongoing, or long-term episodic, support.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 211A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.105] Section 213 (5), 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
(4) In this section:
demonstrator––see section 208A.
trading stock––see section 208A.
Explanatory note
This amendment inserts signpost definitions for terms used in the section and defined elsewhere.
omit
• GST
Explanatory note
This amendment omits a redundant term.
omit the definitions of
Australian register
determined amount
foreign resident
franchisor
intellectual property
international trade insurance
non-commercial Commonwealth authority
person with a disability
pooled superannuation trust
private unit trust scheme
replica
Explanatory note
This amendment omits the redundant terms Australian register, foreign resident, franchisor and replica. The other terms are omitted consequential on the relocation of the definitions to other sections by another amendment.
[3.109] Dictionary, definition of residential lease
substitute
residential lease means a lease granted for residential purposes only.
Explanatory note
This amendment recasts the definition so that it applies to the whole Act instead of being a signpost definition to a part of the Act.
[3.110] Dictionary, definition of territory company
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 103 by another amendment.
Part 3.15 Enclosed Lands Protection Act 1943
omit
shall lie
substitute
lies
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
(other than a public gate as defined in the Public Gates Act 1901 (NSW) in its application to the ACT)
Explanatory note
This amendment omits an obsolete reference to repealed NSW legislation.
Part 3.16 Environment Protection Act 1997
insert
3B Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The
, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 92 (Fuel sales––provision of information)
• s 92A (Confidential commercial information must not be disclosed)
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Explanatory note
This amendment inserts a standard provision about the application of the Criminal Code
to certain offences against the Act. The Criminal Code
, chapter 2 sets out the general principles of criminal responsibility (including burdens of proof and general defences) and defines terms used for offences to which the Code applies.
[3.114] Section 39 (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.
[3.115] Section 51 (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.
[3.116] Sections 91B (3) and 130
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.117] Section 162 (1), new note
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
, or any 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.
[3.119] Section 166 (2), note 1
omit
(or a provision of a law or instrument)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, sections 7 (3), 13 (3) and 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.
[3.120] Section 166 (2), note 2
omit
(or a provision of a law or instrument), the law, instrument or provision
substitute
, the law or instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, sections 7 (3), 13 (3) and 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.
[3.121] Section 166 (2), new note
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.
[3.122] Schedule 2, section 2.1, definition of AS 4013
omit
Explanatory note
This amendment omits a definition. The definition is updated in another amendment.
[3.123] Schedule 2, section 2.1, new definition of AS/NZS 4013
insert
AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.
Note AS/NZS 4013 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates the title and language of the standard in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.
[3.124] Schedule 2, section 2.1, definition of solid fuel-burning equipment
omit
AS 4013
substitute
AS/NZS 4013
Explanatory note
This amendment updates the title of the standard.
[3.125] Schedule 2, sections 2.4 and 2.5
omit
AS 4013
substitute
AS/NZS 4013
Explanatory note
This amendment updates the title of the standard.
insert
• AS (see s 164 (1))
• 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 Legislation Act
, dictionary, part 1.
omit
• heritage register
Explanatory note
This amendment omits a redundant term.
[3.128] Dictionary, definition of AS 4013
omit
Explanatory note
This amendment omits a definition. The definition is updated in another amendment.
[3.129] Dictionary, definition of AS/NZS 4013
insert
AS/NZS 4013, for schedule 2 (Specific offences)—see schedule 2, section 2.1.
Explanatory note
This amendment updates the title of the standard and language in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.
[3.130] Dictionary, definition of blank fire firearm
omit
see schedule 1, section 1.1
substitute
see the
, dictionary
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.131] Dictionary, definition of clinical waste
omit
see schedule 1, section 1.1
substitute
see the
, dictionary
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.132] Dictionary, definition of consultation period
omit
section 23B
substitute
section 25 (1)
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.133] Dictionary, definition of National Electricity (ACT) Law
omit
Explanatory note
This amendment omits a redundant signpost definition because the term is
defined in the
, dictionary, part 1.
[3.134] Dictionary, definition of regulated waste
omit
section 1.1
substitute
section 1.1A
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.135] Dictionary, definition of road transport legislation
omit
see schedule 1, section 1.1
substitute
see the
, section 6
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.136] Dictionary, definition of stock
omit
see schedule 1, section 1.1
substitute
see the
, dictionary
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
Part 3.17 Environment Protection Regulation 2005
omit
Australian Standard
substitute
AS
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Environmental and Planning Assessment Act 1979 (NSW)
substitute
Environmental Planning and Assessment Act 1979
(NSW)
Explanatory note
This amendment corrects a reference to a NSW law.
[3.139] Section 68 (3), definition of incorporated document
omit
Australian standard
substitute
AS
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
written
Explanatory note
This amendment omits a redundant word because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
[3.141] Schedule 2, table 2.3, item 6
omit
Australian Standard
substitute
AS
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• AS (see s 164 (1))
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment inserts a term mentioned in the regulation and defined in the Legislation Act
, dictionary, part 1.
omit
• national scheme laws
Explanatory note
This amendment omits a redundant term.
[3.144] Dictionary, new definition of AS 2436
insert
AS 2436 means AS 2436 (Guide to noise and vibration control on construction, demolition and maintenance sites), as in force from time to time.
Note AS 2436 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates the title and language of the standard in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.
[3.145] Dictionary, definition of major road
omit
schedule 2 (Noise zones, noise standards and conditions)
substitute
schedule 2, part 2.3 (Noise conditions)
Explanatory note
This amendment corrects a signpost entry in the dictionary. The definition applies to Schedule 2, part 2.3 rather than the whole of schedule 2.
[3.146] Dictionary, new definition of national scheme laws
insert
national scheme laws––see the Act
, section 2 (3).
Explanatory note
This amendment updates the dictionary by inserting a signpost definition for a term defined in the Act, section 2 (3) and used in several places in the regulation.
[3.147] Dictionary, new definitions
insert
network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000
, dictionary.
territory network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000
, dictionary.
Explanatory note
This amendment inserts signpost definitions for terms defined in another Act in line with current legislative drafting practice.
[3.148] Dictionary, definition of territory service
omit
Explanatory note
This amendment omits a redundant definition.
[3.149] Dictionary, definition of utility service
omit
Explanatory note
This amendment omits a redundant definition.
[3.150] Further amendments, dictionary definitions
omit
schedule 2 (Noise zones, noise standards and conditions)
substitute
schedule 2, part 2.1 (Noise zones)
in
broadacre zone
Central National Area (City Hill Precinct)
Central National Area (Fairbairn)
Central National Area (Parliamentary Zone and Other Areas)
city centre
commercial CZ4 zone
commercial CZ5 zone
group centre
industrial zone
leisure and accommodation zone
office site
Queanbeyan city business zone
Queanbeyan city industrial zone
Queanbeyan city special uses zone
restricted access recreation zone
town centre
TSZ2 services zone
Explanatory note
This amendment corrects the signpost entries in the dictionary. The definitions apply to schedule 2, part 2.1 rather than the whole of schedule 2.
Part 3.18 Evidence (Miscellaneous Provisions) Act 1991
[3.151] Section 16, definition of territory court, paragraph (g)
omit
Corrections Management Act 2006
substitute
Explanatory note
This amendment corrects a reference to an 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.
Part 3.19 Exhibition Park Corporation Act 1976
omit
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
[3.154] Dictionary, definition of corporation
substitute
corporation means the Exhibition Park Corporation established under section 4.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.20 Fair Trading (Australian Consumer Law) Act 1992
[3.155] Section 34 (2), definition of consumer credit legislation
omit
Explanatory note
This amendment omits a redundant definition.
[3.156] Dictionary, new definition of credit
insert
credit, for part 6 (Maximum annual percentage rate and disclosure)—see section 62.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
Part 3.21 Financial Management Act 1996
[3.157] Section 11 (6), new definition of appropriation unit
insert
appropriation unit means a class of outputs, or a group of output classes, for which an appropriation is made by an Appropriation Act.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 11, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
omit
shall
substitute
must
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
(10) In this section:
superannuation banking account—see the Territory Superannuation Provision Protection Act 2000
, section 7.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 38, in line with current legislative drafting practice. The definition is omitted from the dictionary by another 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 Legislation Act
, dictionary, part 1.
[3.161] Dictionary, definitions of appropriation unit and superannuation banking account
omit
Explanatory note
This amendment omits definitions that are made redundant as a result of other amendments.
[3.162] Further amendments, mentions of , in writing,
omit
, in writing,
in
• section 19C (2)
• section 59 (5)
• section 103 (1)
• section 133 (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.
Part 3.22 Gambling and Racing Control Act 1999
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
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
[3.165] Section 12 (2), new note
insert
Note Found guilty—see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment inserts a standard note about the definition of found guilty.
substitute
(c) limiting facilities that make it easy for a gambler to spend more than the gambler originally intended;
Examples—facilities
• automatic teller machines
• credit facilities
• allowing people to pay by cheque or credit card
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 updates language in line with current legislative drafting practice.
[3.167] Sections 22A (1), 47 (1) and 53D (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.
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.
[3.169] Dictionary, definition of commission
substitute
commission means the ACT Gambling and Racing Commission established under section 5.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.170] Dictionary, definition of executive officer
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.23 Gaming Machine Act 2004
omit
For example, the signpost definition ‘associated entity—see the Electoral Act 1992
, section 198.’ means that the term ‘associated entity’ is defined in that section and the definition applies to this Act.
substitute
For example, the signpost definition ‘general licence—see the Liquor Act 2010
, section 17.’ means that the term ‘general licence’ is defined in that section and the definition applies to this Act.
Explanatory note
This amendment updates note 1 as a consequence of the relocation of the definition of associated entity from the dictionary to section 164 by another amendment. The term ‘associated entity’ is used only in section 164, whereas the term ‘general licence’ is used throughout the Act.
[3.172] Section 38E (1) (c) (ii) (A)
omit
or (3) (d)
Explanatory note
This amendment omits an incorrect cross-reference.
omit
38D (3)
substitute
38D (2)
Explanatory note
This amendment corrects a cross-reference.
omit
section 38T, section 38U or section 38V
substitute
section 38U, section 38V or section 38W
Explanatory note
This amendment corrects cross-references.
[3.175] Section 66 (1), definition of centralised monitoring system, paragraph (a)
omit
approved gaming machines
substitute
gaming machines approved under section 69
Explanatory note
This amendment clarifies the reference to gaming machines.
insert
(3) In this section:
qualified accountant means—
(a) a member of the Institute of Chartered Accountants in Australia, the Institute of Public Accountants or the Australian Society of Certified Practising Accountants; or
(b) a person registered as a registered company auditor under the Corporations Act
.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 158, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.177] Section 164 (3), new definition of associated entity
insert
associated entity—see the Electoral Act 1992
, section 198.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in section 164, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.178] Dictionary, definition of acquisition approval application
omit
Explanatory note
This amendment omits the definition of a term that is not used in the Act.
[3.179] Dictionary, definition of approved gaming machine
omit
Explanatory note
This amendment is consequential on the clarification of the reference to gaming machines in section 66 by another amendment.
[3.180] Dictionary, definition of associated entity
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 164 by another amendment.
[3.181] Dictionary, definition of charitable organisation
omit
Explanatory note
This amendment omits the definition of a term that is not used in the Act.
[3.182] Dictionary, definitions of disciplinary action and disciplinary notice
substitute
disciplinary action, for part 4 (Disciplinary action)—see section 58.
disciplinary notice, for part 4 (Disciplinary action)—see section 61.
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
[3.183] Dictionary, definition of financial arrangement
omit
101
substitute
101 (2)
Explanatory note
This amendment clarifies the definition.
[3.184] Dictionary, definition of ground for disciplinary action
substitute
ground for disciplinary action against a licensee, for part 4 (Disciplinary action)—see section 57.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.185] Dictionary, definition of initial licence application
substitute
initial licence application, for part 2 (Licences)—see section 9.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.186] Dictionary, definition of inquiry
omit
Explanatory note
This amendment omits the definition of a term that is not used in the Act.
[3.187] Dictionary, definition of licence, new paragraph (aa)
insert
(aa) for part 4 (Disciplinary action)—see section 56; and
Explanatory note
This amendment revises the definition to insert a signpost for a definition of licence for part 4, in line with current legislative drafting practice.
[3.188] Dictionary, definition of licence amendment application
substitute
licence amendment application, for part 2 (Licences)—see section 9.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.189] Dictionary, definition of operator
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act.
[3.190] Dictionary, definition of qualified accountant
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 158 by another amendment.
[3.191] Dictionary, definition of relevant premises
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act.
[3.192] Dictionary, definition of warning notice
substitute
warning notice, for an associated organisation, for part 9 (Club administration)—see section 147B.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.24 Gaming Machine Regulation 2004
[3.193] Section 7 (3), definition of GM, paragraph (b)
omit
for a
substitute
for a large-scale machine relocation amendment application or a
Explanatory note
Section 7 was amended by the Gaming Machine Amendment Act 2012
to include the working out of the number of club members for the purposes of
the
, including the following provisions:
• section 12 (5) (section 12 applies to an initial licence application under section 11);
• section 26C (2) (c) (section 26C applies if a licensee applies for a large-scale relocation amendment);
• section 26D (6) (d) (i) (section 26D applies if a licensee applies for a new venue amendment under section 22 (1) (g)).
The definitions of GM and TGM, used in the formula for working out the number of club members for a club with a membership agreement, currently define those terms for an initial licence application and a new venue amendment application. The amendments of the definitions of GM and TGM by the Gaming Machine Amendment Act 2012
inadvertently failed to include references to a large-scale relocation amendment application. It is clear from the heading to section 7 that large-scale relocation amendment applications were intended to be covered by section 7. This amendment revises the definition of GM, paragraph (b) to include a reference to a large-scale machine relocation amendment application.
[3.194] Section 7 (3), definition of TGM, paragraph (b)
omit
for a
substitute
for a large-scale machine relocation amendment application or a
Explanatory note
Section 7 was amended by the Gaming Machine Amendment Act 2012
to include the working out of the number of club members for the purposes of
the
, including the following provisions:
• section 12 (5) (section 12 applies to an initial licence application under section 11);
• section 26C (2) (c) (section 26C applies if a licensee applies for a large-scale relocation amendment);
• section 26D (6) (d) (i) (section 26D applies if a licensee applies for a new venue amendment under section 22 (1) (g)).
The definitions of GM and TGM, used in the formula for working out the number of club members for a club with a membership agreement, currently define those terms for an initial licence application and a new venue amendment application. The amendments of the definitions of GM and TGM by the Gaming Machine Amendment Act 2012
inadvertently failed to include references to a large-scale relocation amendment application. It is clear from the heading to section 7 that large-scale relocation amendment applications were intended to be covered by section 7. This amendment revises the definition of TGM, paragraph (b) to include a reference to a large-scale machine relocation amendment application.
Part 3.25 Gas Safety Regulation 2001
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
(Australian Standard 3814)
substitute
(AS 3814 (Industrial and commercial gas-fired appliances))
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.197] Section 18B (c), new note
insert
Note AS 3814 may be purchased at www.standards.org.au
.
Explanatory note
This amendment inserts a new note in line with current legislative drafting practice.
insert
• AS/NZS (see s 164)
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment inserts a term that is mentioned in the regulation and defined in the Legislation Act
, dictionary, part 1.
[3.199] Dictionary, new definition of AS/NZS 5601
insert
AS/NZS 5601 means AS/NZS 5601 (Gas installations).
Note AS/NZS 5601 may be purchased at www.standards.org.au
.
Explanatory note
This amendment inserts a new definition of a term that is mentioned in other definitions in the dictionary.
Part 3.26 Long Service Leave (Portable Schemes) Act 2009
omit
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
omit
reasonably
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.203] Schedule 1, section 1.5, formula
omit
0.13
substitute
1.3
Explanatory note
This amendment corrects an error in the formula for calculating the long service leave entitlement for a worker in the building and construction industry. When the formula was amended by the Long Service Leave (Portable Schemes) Amendment Act 2012
, the decimal point was inadvertently located in the wrong place.
[3.204] Dictionary, definition of authority
substitute
authority means the Long Service Leave Authority established under section 16.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.205] Dictionary, new definition of internally reviewable decision
insert
internally reviewable decision, for part 9 (Notification and review of decisions)—see section 80A (1).
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
Part 3.27 Magistrates Court (Liquor Infringement Notices) Regulation 2010
omit
‘investigator—see the Fair Trading (Consumer Affairs) Act 1973
, dictionary.’
substitute
‘investigator—see the Fair Trading (Australian Consumer Law) Act 1992
, dictionary.’
Explanatory note
This amendment corrects a reference to the Fair Trading (Consumer Affairs) Act 1973
. That Act was repealed by the Fair Trading (Australian Consumer Law) Amendment Act 2010
, and its provisions were relocated to the Fair Trading (Australian Consumer Law) Act 1992
.
omit
director-general
substitute
director-general for that Act
Explanatory note
This amendment clarifies that the director-general mentioned is the
director-general for the
.
[3.208] Dictionary, definition of investigator
substitute
investigator—see the Fair Trading (Australian Consumer Law) Act 1992
, dictionary.
Explanatory note
This amendment updates the definition to correct a reference to the Fair Trading (Consumer Affairs) Act 1973
. That Act was repealed by the Fair Trading (Australian Consumer Law) Amendment Act 2010
, and its provisions were relocated to the Fair Trading (Australian Consumer Law) Act 1992
.
Part 3.28 Magistrates Court Regulation 2009
omit everything before paragraph (b), substitute
(3) In working out the amount—
(a) a reference to the registrar is taken to be a reference to the court or the parties; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.29 Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010
omit
director-general
substitute
director-general for that Act
Explanatory note
This amendment clarifies that the director-general mentioned is the
director-general for the
.
Part 3.30 Magistrates Court (Tobacco Infringement Notices) Regulation 2010
omit
director-general
substitute
director-general for that Act
Explanatory note
This amendment clarifies that the director-general mentioned is the
director-general for the
.
omit
NEMMCO
substitute
AEMO
Explanatory note
This amendment updates a term to reflect its change of name.
[3.213] Section 3C (2), new definition of AEMO
insert
AEMO––see the National Electricity (ACT) Law
.
Explanatory note
This amendment inserts a signpost definition for a term defined in another Act in line with current legislative drafting practice.
[3.214] Section 3C (2), definition of NEMMCO
omit
Explanatory note
This amendment omits a redundant definition and is consequential on another amendment.
Part 3.32 Planning and Development Act 2007
omit
to be
substitute
as
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.216] Section 24 (1), new note
insert
Note Found guilty—see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment inserts a standard note about the definition of found guilty.
omit
s 78 (5) (b)
substitute
s 78 (7) (b)
Explanatory note
This amendment corrects a cross-reference.
[3.218] Section 138F (2), 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
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.
omit
any or all
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.221] Section 228 (4), except note
substitute
(4) If the Minister establishes an inquiry panel to inquire about an EIS, the Minister must—
(a) prepare terms of reference for the inquiry; and
(b) give written notice of the inquiry to the proponent of the development proposal to which the EIS relates.
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), while clarifying that notice under section 228 (4) (b) must still be given in writing.
[3.222] Section 234, definition of registered lease
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act or
the
.
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.
[3.224] Schedule 4, section 4.1, definitions of correctional centre and Corrections Management Act 2007
omit
Explanatory note
This amendment omits definitions that are redundant as a consequence of the expiry of transitional provisions in the Crimes (Sentence Administration) Act 2005
. A reference to the definition of correctional centre in the
, dictionary, part 1, is inserted in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act
, dictionary, part 1) by another amendment.
insert
• correctional centre
• 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.
[3.226] Dictionary, definition of certification of occupancy
omit
Explanatory note
This amendment corrects a typographical error.
[3.227] Dictionary, new definition of certificate of occupancy
insert
certificate of occupancy means a certificate issued under the
, section 69.
Explanatory note
This amendment corrects a typographical error.
[3.228] Dictionary, definition of complaint
omit
chapter 11 (Compliance)
substitute
chapter 11 (Controlled activities)
Explanatory note
This amendment corrects an incorrect reference to a chapter heading.
[3.229] Dictionary, definition of correctional centre
omit
Explanatory note
This amendment omits a redundant definition. The term is included in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act
, dictionary, part 1) by another amendment.
[3.230] Dictionary, definition of heritage direction
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act or
the
.
[3.231] Dictionary, definition of municipal waste
substitute
municipal waste, for schedule 4 (Development proposals in impact track because of need for EIS)—see schedule 4, section 4.1.
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.232] Dictionary, definition of registered lease
omit
Explanatory note
This amendment omits a definition of a term that is not used in the Act or
the
.
Part 3.33 Planning and Development Regulation 2008
[3.233] Section 14 (a) (iv), example 2
substitute
2 environmental values identified or targeted in relevant:
• plans (eg the Territory Plan 2008
)
• strategies (eg the ACT Planning Strategy
)
• threatened species management plans
Explanatory note
This amendment revises the example to include current examples of a plan and a strategy.
[3.234] Schedule 1, section 1.4 (2) (b)
substitute
(b) section 1.15 (Criterion 5—compliance with lease and agreement collateral to lease).
Explanatory note
This amendment updates a reference to the heading to section 1.15, which was amended by the Planning and Development Amendment Regulation 2010 (No 3)
, section 4.
[3.235] Schedule 1, section 1.10 (d)
substitute
(d) section 1.15 (Criterion 5—compliance with lease and agreement collateral to lease);
Explanatory note
This amendment updates a reference to the heading to section 1.15, which was amended by the Planning and Development Amendment Regulation 2010 (No 3)
, section 4.
[3.236] Schedule 1, section 1.11 (4), definition of utility infrastructure access or protection space, paragraph (b)
omit
such as
substitute
, for example,
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.237] Schedule 1, section 1.100B (a)
omit
heritage and tree protection
substitute
heritage, tree and environment protection
Explanatory note
This amendment revises paragraph (a) as a consequence of a change to the heading to section 1.14, made by the Planning and Development Amendment Regulation 2012 (No 1)
, section 8.
[3.238] Dictionary, definition of educational establishment
omit
section 100.
substitute
the
(13 Definitions).
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
Part 3.34 Retirement Villages Act 2012
[3.239] Section 8 (1), definition of residence right, paragraph (a) (iii) (B)
after
residential premises;
insert
or
Explanatory note
This amendment inserts a missing conjunction.
[3.240] Section 11, definition of ingoing contribution, paragraph (b) (ii)
substitute
(ii) a recurrent charge;
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
resident
substitute
occupant
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
omit
within the meaning of this Act
Explanatory note
This amendment omits unnecessary words.
[3.243] Section 22 (2), note 1
omit
(Cwlth)
substitute
(Cwlth)
Explanatory note
This amendment corrects a reference to an Act. The Trade Practices Act 1975
(Cwlth) was renamed the Competition and Consumer Act 2010
(Cwlth) by the
(Cwlth).
omit
for the village
substitute
of the village
Explanatory note
This amendment revises the paragraph to be consistent with the dictionary definition of accounts.
substitute
Note Section 258 prohibits the operator of a retirement village from charging for making a document mentioned in s (1) available.
Explanatory note
This amendment brings the note into line with current legislative drafting practice.
omit
the village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
a retirement village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
that person
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.249] Section 38 (4) and (5), new note
insert
Note A defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code
, s 58).
Explanatory note
This amendment inserts a standard note about evidential burden.
omit
holding deposit paid
substitute
holding deposit
Explanatory note
This amendment corrects a typographical error.
omit
a residential premises
substitute
residential premises
Explanatory note
This amendment corrects a typographical error.
substitute
(3) Subsection (2) does not apply if the inconsistent term is a term of a standard form contract.
Note Standard form contract—see s 67.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(3) Subsection (1) does not apply if the resident requested the amendment or new contract.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
Explanatory note
This amendment updates language in line with current legislative drafting practice and inserts a standard note about evidential burden.
omit
sections 12 to 17
substitute
section 12 to section 17
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
are
substitute
is
Explanatory note
This amendment corrects a grammatical error.
insert
(2) In this section:
development—see the Planning and Development Act 2007
, section 7.
Explanatory note
This amendment revises section 65 to bring the provision into line with current legislative drafting practice.
omit
standard form
substitute
standard form contract
Explanatory note
This amendment inserts a missing word.
[3.258] Section 68 (4) (b) (i), new note
insert
Note A regulation may prescribe a matter that must be excluded from a village contract (see s 66).
Explanatory note
This amendment inserts a note alerting the reader to the exclusions under section 66.
omit
(i) and (ii)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.260] Section 71, definition of end of the settling-in period
substitute
end of the settling-in period, for a village contract, means the latest of the following days:
(a) the day that is 90 days after the day when the resident is entitled to occupy the residential premises under the residence contract for the premises;
(b) if the resident occupies the premises before the day mentioned in paragraph (a)—the day that is 90 days after the resident first occupies the residential premises;
(c) another day agreed to by the operator of the retirement village and the resident.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(b) if another period is ordered by the ACAT—the ordered period.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(c) the cost of refurbishment of residential premises the subject of the residence contract;
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(2) In this section:
refurbishment, of residential premises the subject of a residence contract—see section 218.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
77A Meaning of resident—pt 6
In this part:
resident, of a retirement village, includes a former occupant of the retirement village.
Note Resident is defined for the Act in the dictionary.
Explanatory note
The dictionary definition of resident provides that, for part 6, resident includes a former occupant. This amendment inserts a definition of resident in pt 6, consistent with current legislative drafting practice.
[3.265] Section 85 (1), (2) and note
omit
an amendment
substitute
a proposed amendment
Explanatory note
This amendment inserts a missing word.
substitute
(4) If the residents refuse to consent to the proposed amendment of the approved annual budget, the operator may apply to the ACAT for an order in relation to the proposed amendment.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
Note The ACAT may make various orders in relation to compliance with the village rules (see s 181). It may also end a resident’s residence contract for serious or persistent breaches of the village rules (see s 188).
Explanatory note
This amendment brings the note into line with current legislative drafting practice.
omit
the village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
development consent
substitute
development approval
Explanatory note
This amendment corrects an incorrect reference.
omit everything before paragraph (a), substitute
(3) Subsection (1) does not apply if the operator prohibits a goods or service provider from entry (or further entry) into the retirement village because the provider has—
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.271] Section 97 (3), new note
insert
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
Explanatory note
This amendment inserts a standard note about evidential burden.
omit
domestic and financial
substitute
domestic or financial
Explanatory note
This amendment corrects a conjunction.
omit
is
Explanatory note
This amendment omits a redundant word.
omit
person, enter
substitute
person enters
Explanatory note
This amendment corrects a grammatical error.
omit
Explanatory note
This amendment omits a redundant paragraph to bring the provision into line with current legislative drafting practice (see also the amendment of section 100 (3)).
omit everything before paragraph (a), substitute
(3) Subsection (1) does not apply if the operator or authorised person enters the residential premises in any of the following circumstances:
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.277] Section 100 (3), new note
insert
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
Explanatory note
This amendment inserts a standard note about evidential burden.
omit
for an order
Explanatory note
This amendment omits redundant words.
[3.279] Section 102 (1) (c), note
omit
(Charging for certain information)
Explanatory note
This amendment brings the note into line with current legislative drafting practice.
substitute
(4) Only a resident of a retirement village may be a member of the residents committee for the village.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
financial year of the village
substitute
financial year for the village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
residents
insert
of a retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.283] Section 116 (1), new note
insert
Note If a form is approved under s 263 for this provision, the form must be used.
Explanatory note
This amendment inserts a standard note about forms.
omit
residents of the village
substitute
residents of the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
in division 7.1, insert
133A Meaning of resident—pt 7
In this part:
resident, of a retirement village, includes a former occupant of the retirement village.
Explanatory note
The dictionary definition of resident provides that, for part 7, resident includes a former occupant. This amendment inserts a definition of resident in part 7, consistent with current legislative drafting practice.
substitute
134 Financial year for retirement village
Explanatory note
This amendment brings the heading into line with current legislative drafting practice.
omit
charges for the village
substitute
charges for the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
must cover the full replacement value of the village
substitute
in the retirement village must cover the full replacement value of the buildings
Explanatory note
This amendment clarifies the provision.
substitute
(a) the operator sells a capital item for which the operator is responsible; and
(aa) the sale is to a resident of the village; and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
This section
substitute
Subsection (1)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.291] Section 146 (4), new note
insert
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
Explanatory note
This amendment inserts a standard note about evidential burden.
substitute
(b) the amended charges are less than the recurrent charges amended in proportion to the variation in the CPI (since the recurrent charges were last amended) and rounded to the nearest whole dollar.
Note See also the offence in s 152.
Explanatory note
This amendment updates language in line with current legislative drafting practice and inserts a note to assist legislation users.
omit
is given
substitute
was given
Explanatory note
This amendment corrects a grammatical error.
omit
under this section
Explanatory note
This amendment omits unnecessary words, in line with current legislative drafting practice.
omit
mentioned in subsection (1)
Explanatory note
This amendment omits unnecessary words, in line with current legislative drafting practice.
substitute
(b) the amended charges are more than the recurrent charges amended in proportion to the variation in the CPI (since the recurrent charges were last amended) and rounded to the nearest whole dollar.
Note See also the offence in s 152.
Explanatory note
This amendment updates language in line with current legislative drafting practice and inserts a note to assist legislation users.
omit
is given
substitute
was given
Explanatory note
This amendment corrects a grammatical error.
omit
(ACAT Orders—recurrent charges)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
for this subsection
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
not exceeding
substitute
of not longer than
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
This section
substitute
Subsection (1)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.302] Section 156 (4), new note
insert
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
Explanatory note
This amendment inserts a standard note about evidential burden.
omit
(Ending of residence contract if premises uninhabitable etc)
Explanatory note
This amendment brings the note into line with current legislative drafting practice.
omit
as
substitute
for
Explanatory note
This amendment updates language in line with current legislative drafting practice.
before
village must
insert
retirement
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
financial year of the village
substitute
financial year for the village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
type
substitute
kind
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
direction or makes a recommendation for further action under subsection (2)
substitute
direction under subsection (2) (b) or makes a recommendation for further action under subsection (2) (c)
Explanatory note
This amendment clarifies the provision.
after
operator
insert
of a retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
A resident may apply to the ACAT for
substitute
A resident of the retirement village may apply to the ACAT for (and the ACAT may make)
Explanatory note
This amendment clarifies the provision and revises it to be consistent with section 176 (1).
omit
accounts for the village
substitute
accounts of the village
Explanatory note
This amendment revises the provision to be consistent with the dictionary definition of accounts.
substitute
(5) Subsection (3) does not apply if the operator of the retirement village need not give the residents of the village a copy of the quarterly accounts for the village under section 171 (Quarterly accounts need not be given to residents in certain circumstances).
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code
, s 58).
Explanatory note
This amendment updates language in line with current legislative drafting practice and inserts a standard note about evidential burden.
[3.313] Section 168 (8), definition of quarterly accounts
omit
Explanatory note
This term is used outside section 168, so the definition has been relocated to the dictionary by another amendment.
omit
the village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
operator
insert
of a retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
the operator’s
substitute
an operator of a retirement village’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
(Copies of annual accounts to be given to residents)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
operator of the village
substitute
operator of the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
accounts for the village
substitute
accounts of the village
Explanatory note
This amendment revises the provision to be consistent with the dictionary definition of accounts.
omit
Explanatory note
Section 172 defines ‘surplus’, a term used only in section 173. The definition is relocated to section 173 by another amendment. Because section 172 has no other function and no other definitions are included in the section, this amendment omits the section.
omit
village must
substitute
village for a financial year (a surplus) must
Explanatory note
This amendment relocates the definition of surplus from section 172. ‘Surplus’ is not mentioned in any other section.
after
the village
insert
for a financial year of the village (a deficit)
Explanatory note
This amendment clarifies the section.
after
operator
insert
of a retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.324] Section 174 (2) (a), (c) and (d)
after
year
insert
for the village
Explanatory note
This amendment clarifies the section.
omit
the operator may
substitute
an operator of a retirement village may
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
residents
insert
of the village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
year
insert
for the village
Explanatory note
This amendment clarifies the section.
omit
operator must not charge the residents
substitute
operator of a retirement village must not charge the residents of the village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
in division 8.1, insert
174A Meaning of resident—pt 8
In this part:
resident, of a retirement village, includes a former occupant of the retirement village.
Explanatory note
The dictionary definition of resident provides that, for part 8, resident includes a former occupant. This amendment inserts a definition of resident in part 8, consistent with current legislative drafting practice.
omit
or the operator and the resident
Explanatory note
This amendment omits unnecessary words.
omit
(ACAT orders)
Explanatory note
This amendment brings the note into line with current legislative drafting practice.
after
in accordance with
insert
any requirement prescribed by
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
harsh, oppressive, unconscionable or unjust
substitute
unjust, unconscionable, harsh or oppressive
Explanatory note
This amendment reorders the wording of the provision to make it consistent with section 86 and section 188.
[3.334] Section 181 (1) (i) and (j)
omit
a resident or the operator of a retirement village
substitute
the resident or the operator
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
185
substitute
185 (2)
Explanatory note
This amendment clarifies the cross-reference.
substitute
Division 9.2 Ending of residence contract by ACAT on application of either operator or resident
Explanatory note
This amendment clarifies the heading.
substitute
187 Ending of residence contract on medical grounds
Explanatory note
This amendment makes the heading consistent with the headings for section 185, section 186, and section 188.
omit
of the resident if the party considers that residential premises occupied by the resident
substitute
if the party considers that residential premises occupied by the resident under the contract
Explanatory note
This amendment clarifies the provision.
after
resident
insert
under the contract
Explanatory note
This amendment clarifies the provision.
substitute
Division 9.3 Ending of residence contract by ACAT on application of operator
Explanatory note
This amendment revises the heading to be consistent with similar headings.
substitute
189 Ending of residence contract on grounds of resident causing serious damage or injury
Explanatory note
This amendment makes the heading consistent with the headings for section 185, section 186, and section 188.
after
the resident
insert
under the contract
Explanatory note
This amendment clarifies the provision.
after
resident
insert
under the contract
Explanatory note
This amendment clarifies the provision.
[3.344] Section 189 (3), new note
insert
Note The operator may apply under s 184 for an order ending a residence contract.
Explanatory note
This amendment inserts a note to assist legislation users.
substitute
190 Ending of residence contract on grounds of upgrade or change of use
Explanatory note
This amendment brings the heading into line with similar headings.
after
residence contract for residential premises
insert
in the village
Explanatory note
This amendment clarifies the provision.
substitute
(a) the operator intends to carry out substantial works to improve the village that requires vacant possession of the residential premises; or
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
Division 9.4 Ending of residence contract by Supreme Court on application of administrator
Explanatory note
This amendment revises the heading to be consistent with similar headings.
substitute
191 Ending of residence contract on grounds of retirement village ceasing to operate
Explanatory note
This amendment revises the heading to be consistent with similar headings.
substitute
Division 9.5 Suspension or refusal of orders for ending of residence contract
Explanatory note
This amendment revises the heading to be consistent with similar headings.
substitute
192 ACAT may suspend or refuse to make order ending residence contract
Explanatory note
This amendment clarifies the heading.
omit
resident
substitute
occupant
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
omit
resident
substitute
occupant
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
omit
resident’s
substitute
occupant’s
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
omit
resident
substitute
occupant
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
substitute
204 Title to sold goods
(1) This section applies if a person (the buyer) buys goods sold by the operator of a retirement village under this division.
(2) The buyer acquires title to the goods free of any mortgage, lien or charge in favour of another person affecting the goods that the buyer was unaware at the time of buying the goods.
Explanatory note
This amendment revises the section to make the meaning clearer and to be consistent with current legislative drafting practice.
substitute
(1) A resident of a retirement village who is temporarily absent from the village for a period of at least 28 days is not liable to pay, in relation to the period over 28 days, recurrent charges for optional services.
Explanatory note
This amendment clarifies the meaning of the provision.
[3.358] Section 211 (2) (a) and (3)
omit
the village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.359] Section 214 (1), definition of departure fee, paragraph (a)
after
residence right
insert
in relation to residential premises
Explanatory note
This amendment updates language in line with current legislative drafting practice.
after
residence right
insert
in relation to residential premises
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
221A Meaning of resident—div 10.5
In this division:
resident, of a retirement village, includes a former occupant of the retirement village.
Explanatory note
The dictionary definition of resident provides that, for division 10.5, resident includes a former occupant. This amendment inserts a definition of resident in division 10.5, consistent with current legislative drafting practice.
omit
of the village
substitute
of the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.363] Section 224 (5), definition of village rules
substitute
village rules, of a retirement village, includes by-laws if the village is part of a community title scheme or units plan.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
gains
substitute
gain
Explanatory note
This amendment corrects a typographical error.
omit
operator’s (or person’s)
substitute
operator (or person)
Explanatory note
This amendment corrects a typographical error.
omit
for the sale
Explanatory note
This amendment omits unnecessary words.
omit
buyer’s
substitute
buyer
Explanatory note
This amendment corrects a typographical error.
omit
(except as provided by section 229 (5) (Letting or subletting of premises))
Explanatory note
This amendment omits unnecessary words. Subsection (3) provides that subsection (1) does not apply if section 229 (5) applies.
omit
the village.
substitute
the retirement village.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit the first occurrence of
the village
substitute
the retirement village
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
gains
substitute
gain
Explanatory note
This amendment corrects a typographical error.
omit
a resident (other than a registered interest holder)
substitute
a resident of the village under the contract
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(2) However, this part does not apply to a village contract if the resident is a registered interest holder.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
former resident
substitute
former occupant
Explanatory note
This amendment revises language to be consistent with the rest of the Act. When referring to previous residents of a retirement village, the Act refers to ‘former occupants’, not ‘former residents’.
omit
conduct
substitute
conducting
Explanatory note
This amendment corrects a typographical error.
omit
if the operator obtains legal advice—
Explanatory note
This amendment omits unnecessary words.
insert
• authorised deposit-taking institution
• commissioner for fair trading
• doctor
• Territory
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 that are mentioned in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.378] Dictionary, definition of approved annual budget
substitute
approved annual budget, for a financial year of a retirement village, means a proposed annual budget taken to be an approved annual budget under section 165.
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.379] Dictionary, definition of financial year
omit
of a retirement village
substitute
for a retirement village
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.380] Dictionary, definition of proposed annual budget
omit
for a retirement village
substitute
of a retirement village
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.381] Dictionary, new definition of quarterly accounts
insert
quarterly accounts, for a quarter for a retirement village, means the accounts of the village’s income and spending for the quarter.
Explanatory note
This amendment relocates a definition from section 168 because the term is used outside that section. The amendment also clarifies the definition.
[3.382] Dictionary, definition of resident, paragraph (b) (iii)
substitute
(iii) a person mentioned in section 15A (1) (a), (b) or (c) (Application to residents and operators of former retirement villages);
(iv) for part 6 (General management of retirement villages)—see section 77A;
(v) for part 7 (Financial management of retirement villages)—see section 133A;
(vi) for part 8 (Disputes)—see section 174A;
(vii) for division 10.5 (Sale or letting of premises by certain residents)—see section 221A.
Explanatory note
This amendment is consequential on new section 15A, section 77A, section 133A, section 174A and section 221A and is consistent with current legislative drafting practice.
[3.383] Dictionary, definition of services and facilities
omit
the operator
substitute
an operator of a retirement village
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.384] Dictionary, definition of surplus
omit
Explanatory note
This amendment is consequential on the definition in section 172 being relocated to section 173.
[3.385] Dictionary, definition of tenant
after
occupy residential premises
insert
in a retirement village
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.386] Dictionary, definition of tenant, note
substitute
Note A tenant is not a resident because a tenant does not have a residence right in relation to residential premises in a retirement village—see div 10.5.
Explanatory note
This amendment clarifies the note.
[3.387] Dictionary, definition of unit
omit
dictionary
substitute
section 9
Explanatory note
This amendment revises the definition in line with current legislative drafting practice.
[3.388] Further amendments, mentions of village
before
village
insert
retirement
in
• section 15 (2)
• section 22 (5) and (6)
• section 24 (3) (a)
• section 103 (3)
• section 125 (2) (a), (b) and (c), (3) and (4)
• section 130 (1) (c) and (2)
• section 153 (2) (b)
• section 154 (5) (a)
• section 159 (5) (a)
• section 160 (2) and (3)
• section 162 (4) and (5)
• section 163 (4) and (7)
• section 166 (3) (b)
• section 168 (2)
• section 170 (3) (a)
• section 191 (2) (a)
• section 195 (2)
• section 228 (4)
• section 231 (2)
• section 236 (3)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.35 Road Transport (Alcohol and Drugs) Act 1977
omit
shall take all steps that are reasonably practicable
substitute
must take all steps that are practicable
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
reasonably
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
that person
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.392] Section 16 (2) (a) and (4)
omit
a person to whom this section applies
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
For a person mentioned in subsection (1) (a), if the person is not in hospital,
substitute
If the person is not in hospital and is not otherwise in custody under this Act,
Explanatory note
This amendment removes unnecessary wording and clarifies that the subsection does not apply to people who are already in the custody of a police officer under the Act.
substitute
(3) Even if a notice has been given under subsection (2) and the people mentioned in the notice give evidence relating to the matters stated in the certificates, the certificates—
(a) are admissible in evidence; and
(b) are evidence of the matters stated in the certificates and of the facts on which they are based; and
(c) have the probative value that the court determines consistently with the other evidence before the court.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
45 Requirement for screening test before arrest
Explanatory note
This amendment updates the section heading to more accurately reflect the
substance of the section.
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. The definition is inserted in that dictionary by another amendment and applies to this Act (see Road Transport (General) Act 1999
, section 8).
[3.397] Dictionary, definition of offence of culpable driving
omit
section 29 (Culpable driving)
substitute
section 29 (Culpable driving of motor vehicle)
Explanatory note
This amendment updates the definition to correct the cross-reference to the
heading of the
, section 29.
[3.398] Dictionary, definition of prescribed concentration
omit
means
Explanatory note
This amendment omits a redundant word.
[3.399] Dictionary, definition of sampling facility
substitute
sampling facility means a facility prescribed by regulation to which a person may be taken for the purpose of having—
(a) a blood sample taken by a doctor or nurse for analysis under part 2 (Examination of people for alcohol or drugs); or
(b) a medical examination under part 2.
Examples––sampling facility
1 a police station
2 a police vehicle equipped for the purpose of taking blood samples
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
, s 126 and s 132).
Explanatory note
The
, section 16 allows a police officer, in limited circumstances, to take a person to a sampling facility for the purpose of a medical examination. The current definition of a sampling facility only refers to prescribed facilities whose purpose is to allow the taking of blood samples for analysis. This amendment ensures that the definition of sampling facility includes the purpose of having a medical examination under part 2 (Examination of people for alcohol or drugs). A sampling facility will still need to be prescribed by regulation.
[3.400] Further amendments, mentions of shall
omit
shall
substitute
must
in
• section 13 (1)
• section 15
• section 16
• section 18
• section 23 (2)
• section 42A (2)
• section 49
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.36 Road Transport (Driver Licensing) Act 1999
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. The definition is inserted in that dictionary by another amendment and applies to this Act (see Road Transport (General) Act 1999
, section 8).
[3.402] Dictionary, definition of infringement notice, paragraph (a)
omit
section 24 (Service of infringement notices generally) or 36 (Service of infringement notices on responsible people for vehicles)
substitute
division 3.2 (Infringement and reminder notices)
Explanatory note
This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012 (No 2)
.
[3.403] Dictionary, definition of vehicle
omit
Explanatory note
This term is defined in the Road Transport (General) Act 1999
, dictionary (inserted by another amendment). That new definition applies to
this Act (see
, section 8), so this definition is redundant.
Part 3.37 Road Transport (Driver Licensing) Regulation 2000
[3.404] Section 4, note 1, first dot point
after
authority
insert
card
Explanatory note
This amendment corrects a minor typographical error by inserting a missing word.
[3.405] Section 9 (4), new note
insert
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
Explanatory note
This amendment inserts a standard note about examples.
omit
all or any
substitute
any
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.
[3.408] Section 73B, definition of alcohol awareness course
substitute
alcohol awareness course—see section 73I (Alcohol awareness course—approval).
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.409] Section 73K, definition of drug awareness course
substitute
drug awareness course—see section 73R (Drug awareness course—approval).
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
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
all or any
substitute
any
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This section extends the definition of vehicle in the Act. That definition has been omitted by another amendment so this definition is redundant.
omit
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the regulation that are
defined in the
, dictionary. The definition is omitted from that dictionary by another amendment so this entry is redundant.
insert
• vehicle
Explanatory note
Dictionary, note 4 lists examples of terms used in the regulation that are
defined in the
, dictionary. The definition is inserted in that dictionary by another amendment and applies to this regulation (see Road Transport (General) Act 1999
, section 8).
[3.416] Dictionary, definition of GVM
omit
substitute
Explanatory note
This amendment updates a definition in line with current legislative drafting practice.
[3.417] Dictionary, definition of international visitor
omit
Explanatory note
This amendment omits a redundant definition.
[3.418] Dictionary, definition of private hire car
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.38 Road Transport (General) Act 1999
[3.419] Dictionary, new definitions
insert
alcohol awareness course—see the Road Transport (Driver Licensing) Regulation 2000
, section 73I.
drug awareness course—see the Road Transport (Driver Licensing) Regulation 2000
, section 73R.
Explanatory note
This amendment inserts new signpost definitions of alcohol awareness course and drug awareness course into the Act, dictionary. The Act, dictionary contains commonly-used terms in the road transport legislation. Including a definition of the term in the Act will assist legislation users, as it is used in other road transport legislation.
[3.420] Dictionary, new definition of tracked vehicle
insert
tracked vehicle means a vehicle that moves on wheels inside endless tracks.
Example—tracked vehicle
bulldozer
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 a definition of a term used in the new definition of vehicle from the Road Transport (General) Regulation 2000
, section 32. The definition of vehicle is replaced by the new definition in another amendment.
[3.421] Dictionary, definition of vehicle
substitute
vehicle means—
(a) any vehicle, including a tracked vehicle, other than a vehicle that is used exclusively on railways or tramways; or
(b) anything else prescribed as a vehicle by regulation.
Explanatory note
This amendment remakes the definition to include the substance of the Road Transport (General) Regulation 2000
, section 32 which prescribed that the definition of vehicle includes a tracked vehicle that is not used exclusively on a railway or tramway. Section 32 is omitted by another amendment.
Part 3.39 Road Transport (General) Regulation 2000
omit
Explanatory note
This amendment omits the section as a consequence of the substance of the
provision being incorporated into the definition of vehicle in the
, dictionary, by another amendment.
insert
• alcohol awareness course
• drug awareness course
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts terms that are used in the Act and defined in the Road Transport (General) Act 1999
, dictionary.
Part 3.40 Road Transport (Mass, Dimensions and Loading) Act 2009
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the Act and defined in the Road Transport (General) Act 1999
, dictionary. The definition of vehicle is omitted from the dictionary by another amendment.
[3.425] Dictionary, definition of vehicle
omit
Explanatory note
This amendment omits an unnecessary definition. The Road Transport (General) Act 1999
, section 8 provides that if a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears. The definition of vehicle in the Act, dictionary is effectively the same as the definition of vehicle in the Road Transport (General) Act 1999
, dictionary that is being remade by another amendment.
Part 3.41 Road Transport (Mass, Dimensions and Loading) Regulation 2010
omit
Explanatory note
This amendment omits the section as a consequence of the substance of the
provision being incorporated into the definition of vehicle in the
, dictionary, by another amendment.
insert
Note 4 The
, dictionary contains definitions relevant to this regulation. For example, the following terms are defined in the Road Transport (General) Act 1999
, dictionary:
• combination
• motor vehicle
• National Transport Commission
• road transport authority (or authority) (see s 16)
• use (in relation to a vehicle)
• vehicle.
Explanatory note
This amendment inserts a new note in the regulation, dictionary to assist users in interpreting the regulation and other road transport legislation. The new note lists examples of terms used in the regulation and defined in the Road Transport (General) Act 1999
, dictionary.
[3.428] Dictionary, definition of National Transport Commission
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.42 Road Transport (Public Passenger Services) Act 2001
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the Act and defined in the Road Transport (General) Act 1999
, dictionary. The definition of vehicle is omitted from the dictionary by another amendment.
[3.430] Dictionary, definition of vehicle
omit
Explanatory note
This amendment omits an unnecessary definition. The Road Transport (General) Act 1999
, section 8 provides that if a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears. The definition of vehicle in the Act, dictionary is effectively the same as the definition of vehicle in the Road Transport (General) Act 1999
, dictionary that is being remade by another amendment.
Part 3.43 Road Transport (Public Passenger Services) Regulation 2002
[3.431] Section 7 (6), definition of infringement notice, paragraph (a)
omit
section 24 (Service of infringement notices generally) or section 36 (Service of infringement notices on responsible persons for vehicles)
substitute
division 3.2 (Infringement and reminder notices)
Explanatory note
This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012 (No 2)
.
omit
Explanatory note
Chapter 10 comprises section 327 only, the purpose of which is to extend the
definition of vehicle for the purposes of the definition of that
term in the
. Other amendments omit the definition of vehicle from that Act, and revise the definition of vehicle in the Road Transport (General) Act 1999
to include the substance of section 327. This amendment omits chapter 10 as a consequence of those amendments.
insert
• vehicle
Explanatory note
Dictionary, note 4 lists examples of terms used in the regulation that are
defined in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the regulation and defined in the Road Transport (General) Act 1999
, dictionary.
[3.434] Further amendments, new note
insert
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
in
• section 50 (2)
• section 68 (2)
• section 72 (2) (d)
• section 132 (2)
• section 145
• section 156 (2)
• section 158 (2)
• section 159
Explanatory note
This amendment inserts a standard note about examples into each provision mentioned in the amendment.
Part 3.44 Road Transport (Safety and Traffic Management) Act 1999
substitute
(b) a person nominated in an illegal user declaration, known user declaration or sold vehicle declaration under the Road Transport (General) Act 1999
, division 3.2 (Infringement and reminder notices) by the responsible person for a vehicle shown in an image taken by a traffic offence detection device.
Explanatory note
This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012 (No 2)
.
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 that is mentioned in the
Act and defined in the
, dictionary, part 1.
insert
• illegal user declaration
• known user declaration
• sold vehicle declaration
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the Act and defined in the Road Transport (General) Act 1999
, dictionary.
[3.438] Dictionary, definition of loaded unsafely
substitute
loaded unsafely, for part 3 (Unsafe loads)—see section 11.
Explanatory note
This amendment corrects a typographical error.
[3.439] Dictionary, definition of registered interest
omit
Registration of Interests in Goods Act 1986 (NSW)
substitute
(Cwlth)
Explanatory note
This amendment substitutes a reference to repealed NSW legislation with a reference to the Commonwealth legislation that replaced it.
[3.440] Dictionary, definition of restricted licence
omit
Explanatory note
This amendment omits a redundant definition.
[3.441] Dictionary, new definition of shortest practicable route
insert
shortest practicable route, between 2 detection points, for part 6 (Traffic offence detection devices)—see section 23B (a).
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.442] Dictionary, definition of vehicle
omit
Explanatory note
This amendment omits an unnecessary definition. The Road Transport (General) Act 1999
, section 8 provides that if a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears. The definition of vehicle in the Act, dictionary is effectively the same as the definition of vehicle in the Road Transport (General) Act 1999
, dictionary that is being remade by another amendment.
Part 3.45 Road Transport (Third-Party Insurance) Act 2008
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the Act and defined in the Road Transport (General) Act 1999
, dictionary.
Part 3.46 Road Transport (Vehicle Registration) Act 1999
insert
• vehicle
Explanatory note
Dictionary, note 3 lists examples of terms used in the Act that are defined
in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the Act and defined in the Road Transport (General) Act 1999
, dictionary. The definition of vehicle is omitted from the dictionary by another amendment.
[3.445] Dictionary, definition of vehicle
omit
Explanatory note
This amendment omits an unnecessary definition. The Road Transport (General) Act 1999
, section 8 provides that if a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears. The definition of vehicle in the Act, dictionary is effectively the same as the definition of vehicle in the Road Transport (General) Act 1999
, dictionary that is being remade by another amendment.
Part 3.47 Road Transport (Vehicle Registration) Regulation 2000
omit
, for example, any
substitute
a
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment is consequential on the omission of the words ‘for example’ in section 3 (1) (b) by another amendment.
omit
all or any of that information
substitute
the information
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, for example
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits the section as a consequence of the substance of the
provision being incorporated into the definition of vehicle in the
, dictionary by another amendment.
[3.451] Schedule 1, section 1.126 (1) and note
substitute
(1) In this section:
rear marking plate means a rear marking plate complying with VSB 12 (Rear marking plates) as in force from time to time.
VSB means Vehicle Standards Bulletin.
Note Vehicle Standards Bulletins provide information on the design, manufacture, sale, modification, maintenance, import and repair of road vehicles. The term ‘road vehicles’ includes both motor vehicles and trailers. The bulletins do not need to be notified under the Legislation Act
because s 47 (5) or (6) does not apply (see Legislation Act
, s 47 (7)). The bulletins are accessible at www.infrastructure.gov.au
.
Explanatory note
This amendment relocates a definition of a term from the dictionary that is used only in schedule 1, section 1.126, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
insert
• daylight
• 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 that are mentioned in the
Act and defined in the
, dictionary, part 1.
insert
• vehicle
Explanatory note
Dictionary, note 4 lists examples of terms used in the regulation that are
defined in the
, dictionary. Under the
, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the regulation and defined in the Road Transport (General) Act 1999
, dictionary.
[3.454] Dictionary, new definitions
insert
approval, of premises, for part 6.3 (Inspections)—see section 115.
authorisation, for part 6.3 (Inspections)—see section 115.
certificate of appointment, for part 6.3 (Inspections)—see section 115.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
[3.455] Dictionary, definition of component identification number
after
vehicle
insert
, for part 6.4 (Component identification numbers)
Explanatory note
This amendment updates a signpost definition in line with current legislative drafting practice.
[3.456] Dictionary, definition of daylight
omit
Explanatory note
This amendment omits a redundant definition. The Legislation Act
, dictionary, part 1 defines daylight in the same way as the omitted definition so a reference to the definition has been included in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act
, dictionary, part 1) by another amendment.
[3.457] Dictionary, definition of infringement notice, paragraph (a)
omit
section 24 (Service of infringement notices generally) or section 36 (Service of infringement notices on responsible persons for vehicles)
substitute
division 3.2 (Infringement and reminder notices)
Explanatory note
This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012 (No 2)
.
[3.458] Dictionary, definition of operator
substitute
operator—
(a) of a motor vehicle or trailer, for part 6.1 (General requirements)—see section 105; and
(b) of a combination, for part 6.1—see section 106.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.459] Dictionary, definition of owner
substitute
owner—
(a) of a prescribed right to a non-standard registration number, for part 3.5 (Numberplates)—see section 46; and
(b) of premises, for part 6.3 (Inspections)—see section 115.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.460] Dictionary, definition of plate-holder
substitute
plate-holder, of a numberplate, for part 3.5 (Numberplates)—see section 46.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.461] Dictionary, definition of pole-type trailer
substitute
pole-type trailer means a trailer that—
(a) is attached to a towing vehicle by a pole, or an attachment fitted to a pole; and
(b) is ordinarily used for transporting loads, including, for example, logs, pipes, structural members or other long objects, that can generally support themselves like beams between supports.
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
Explanatory note
This amendment updates the definition in line with current legislative drafting practice and inserts a standard note about examples.
[3.462] Dictionary, definition of prescribed right
substitute
prescribed right, to a non-standard registration number, for part 3.5 (Numberplates)—see section 46.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.463] Dictionary, definition of proprietor
substitute
proprietor, of premises, for part 6.3 (Inspections)—see section 115.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.464] Dictionary, definition of registration charge category
substitute
registration charge category means the vehicle’s category under the current determination of the Minister under the Road Transport (General) Act 1999
, section 96 determining the fees, charges and other amounts payable in relation to the registration of vehicles.
Explanatory note
This amendment updates the definition as a consequence of the repeal of the
(Cwlth).
[3.465] Dictionary, definition of relevant vehicle registration authority
omit
Explanatory note
This amendment omits a redundant definition.
[3.466] Dictionary, definition of right, paragraph (a)
substitute
(a) to a non-standard registration number, for part 3.5 (Numberplates)—see section 46; and
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.467] Dictionary, definitions of vehicle numberplate and vehicle part
substitute
vehicle numberplate—
(a) for the Act generally, means a numberplate (other than a bicycle rack numberplate) issued by the road transport authority under this regulation; and
(b) for division 3.5.6 (Damaged, lost, stolen or destroyed numberplates), includes a trader’s plate.
vehicle part, of a registrable vehicle, for part 6.4 (Component identification numbers)—see section 154.
Explanatory note
This amendment updates the definitions in line with current legislative drafting practice.
[3.468] Dictionary, definition of vehicle registration authority
omit
Explanatory note
This amendment omits a redundant definition.
[3.469] Dictionary, definition of VSB
omit
Explanatory note
This amendment omits a definition of a term that is mentioned only in schedule 1, section 1.126. The definition is relocated to that section by another amendment.
[3.470] Further amendments, mentions of , in writing,
omit
, in writing,
in
• section 31 (4)
• section 47 (1)
• section 51 (1)
• section 68A (1)
• section 88 (2)
• section 114 (3) (b) (iii)
• section 116 (1) (a)
• section 153 (1)
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act
, section 42 (2) which requires disallowable and notifiable instruments to be in writing.
Part 3.48 Tree Protection Act 2005
omit
(the advisory panel)
Explanatory note
This amendment removes unnecessary words in line with current legislative drafting practice.
omit
to be
substitute
as
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.473] Dictionary, definition of AS 4373
substitute
AS 4373 means AS 4373-2007 (Pruning of amenity trees), as in force from time to time.
Note AS 4373 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.474] Dictionary, definition of provisionally register
omit
section 52
substitute
section 48
Explanatory note
This amendment corrects a cross-reference.
Part 3.49 Utility Networks (Public Safety) Regulation 2001
substitute
(4) In this section:
neutral screened cable has the same meaning as in AS/NZS 3000 (Wiring Rules), as in force from time to time.
Note AS/NZS 3000 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
• AS/NZS (see s 164)
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment inserts a term mentioned in the regulation and defined in the Legislation Act
, dictionary, part 1.
Part 3.50 Waste Minimisation Act 2001
omit
, or any 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 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.
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 Legislation Act
, dictionary, part 1.
[3.480] Dictionary, definitions of consumer packaging and covenant
omit
Explanatory note
This amendment omits redundant terms.
Part 3.51 Water and Sewerage Act 2000
omit
Australian Standard 3500
substitute
AS/NZS 3500
Explanatory note
This amendment corrects the reference to the standard and updates language in line with current legislative drafting practice.
omit
Australian Standard 1100
substitute
AS 1100
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.483] Section 16 (8), new definition of AS 1100
insert
AS 1100 means AS 1100 (Technical drawing), as in force from time to time.
Note AS 1100 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
Note 3 The
, s 164 defines the following terms:
• AS
• AS/NZS
• Australian Standard
• Australian/New Zealand Standard.
Explanatory note
This amendment inserts a new note in the dictionary to assist legislation users.
[3.485] Dictionary, definition of Australian Standard 3500
omit
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.486] Dictionary, new definition of AS/NZS 3500
insert
AS/NZS 3500 means the AS/NZS 3500 (Plumbing and drainage set), as in force from time to time.
Note Australian standards may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.487] Dictionary, definition of fire sprinkler service
omit
Australian Standard 3500
substitute
AS/NZS 3500
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.488] Dictionary, definition of site plan
omit
Australian Standard HB 50
substitute
HB 50 (Glossary of building terms)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.52 Water and Sewerage Regulation 2001
omit
Australian Standard 3500
substitute
AS/NZS 3500
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.
[3.491] Sections 9 (4) and 10 (2)
omit
Australian Standard 3500
substitute
AS/NZS 3500
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Australian Standard 3500
substitute
AS/NZS 3500
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.493] Sections 18 and 20 (1)
omit
Australian Standard 3500
substitute
AS/NZS 3500
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.
[3.495] Sections 20 (4) and 21
omit
Australian Standard 3500
substitute
AS/NZS 3500
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.496] Section 22 (4) (b) and (5) (a)
omit
Australian Standard 2845.3 as in effect on 1 March 1999
substitute
AS/NZS 2845.3
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.497] Schedule 2, section 2.3 (3), definitions of AS 4013 and AS 4552
omit
Explanatory note
This amendment omits definitions. The definitions are updated in another amendment.
[3.498] Schedule 2, section 2.3 (3), definition of AS/NZS 2712
substitute
AS/NZS 2712 means AS/NZS 2712 (Solar and heat pump water heaters—Design and construction), as in force from time to time.
Note AS/NZS 2712 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.499] Schedule 2, section 2.3 (3), new definition of AS/NZS 4013
insert
AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.
Note AS/NZS 4013 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.500] Schedule 2, section 2.3 (3), definition of AS/NZS 4234
substitute
AS/NZS 4234 means AS/NZS 4234 (Heated water systems—Calculation of energy consumption), as in force from time to time.
Note AS/NZS 4234 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.501] Schedule 2, section 2.3 (3), new definition of AS/NZS 4552
insert
AS/NZS 4552 means AS/NZS 4552 (Gas fired water heaters for hot water supply and/or central heating), as in force from time to time.
Note AS/NZS 4552 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
• Australian Standard 3500
substitute
• AS/NZS 3500
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.503] Dictionary, new definition of AS 1172
insert
AS 1172 means AS 1172 (Water closets (WC)—Pans), as in force from time to time.
Note AS 1172 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.504] Dictionary, definition of AS/NZS 2845
insert
AS/NZS 2845 means AS/NZS 2845.1: 2010 (Water supply—Backflow prevention devices—Materials, design and performance requirements), as in force from time to time.
Note AS/NZS 2845 may be purchased at www.standards.org.au
.
Explanatory note
This amendment inserts a new definition in line with current legislative drafting practice.
[3.505] Dictionary, new definition of AS/NZS 2845.3
insert
AS/NZS 2845.3 means AS/NZS 2845.3 (Water supply—Backflow prevention devices—Field testing and maintenance of testable devices), as in force from time to time.
Note AS 2845.3 may be purchased at www.standards.org.au
.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.506] Dictionary, definition of Australian Standard 1172
omit
Explanatory note
This amendment omits a definition. The definition is updated in another amendment.
[3.507] Dictionary, definition of Australian Standard 2845.3
omit
Explanatory note
This amendment omits a definition. The definition is updated in another amendment.
Part 3.53 Water Resources Act 2007
omit 1st mention of
written
Explanatory note
This amendment omits a word that is made redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
omit everything before
water structure means––
substitute
41 Definitions––Act
In this Act:
Explanatory note
This amendment recasts the provision so that the definitions of water structure and waterway work apply to the Act because the terms are also used elsewhere in the Act.
omit
written
Explanatory note
This amendment omits a word that is made redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
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.
omit
written
Explanatory note
This amendment omits a word that is made redundant by the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
[3.513] Section 109 (2), new note
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.
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 Legislation Act
, dictionary, part 1.
Part 3.54 Work Health and Safety Act 2011
[3.515] Section 274 (3), new note
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.
[3.516] Dictionary, new definition of council
insert
council means the Work Safety Council established under schedule 2, section 2.1.
Explanatory note
This amendment inserts a new definition of council in line with current legislative drafting practice.
Part 3.55 Working with Vulnerable People (Background Checking) Act 2011
[3.517] Section 27 (2), new note
insert
Note 2 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.
omit
statutory declaration made
substitute
written statement
Explanatory note
This amendment revises the provision to be consistent with section 18 (2) (b), which requires an applicant for registration to engage in a regulated activity to provide a written statement about the applicant’s criminal history.
omit
a statutory declaration signed
substitute
a written statement
Explanatory note
This amendment revises the provision to be consistent with section 18 (2) (b), which requires an applicant for registration to engage in a regulated activity to provide a written statement about the applicant’s criminal history.
omit
Explanatory note
This amendment omits a note that is made redundant by another amendment.
Schedule 4 Repeal of redundant or obsolete legislation
(see s 6)
Part 4.1 Annual Leave Act 1973
Explanatory note
This part repeals an Act that is no longer needed.
The
entitled an employee to annual leave at the end of every year of the
employee’s employment and regulated the taking and payment of annual
leave. The
has no practical effect and has been superseded by the Fair Work Act 2009
(Cwlth).
(A1973-46)
Explanatory note
This part repeals an Act that is no longer needed.
The
is a New South Wales law that took effect as an ACT law on the establishment
of the ACT. The Act provides for the payment of wages to employees. Only
technical and consequential changes have been made to the Act since
self-government. The
has no practical effect and has been superseded by the Fair Work Act 2009
(Cwlth).
(A1900-55)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 11 April 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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