A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 521

A.C.T. Self-Government (Consequential

Provisions) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the A.C.T. Self-Government (Consequential Provisions)Act 1988.

Dated 10 April 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Clyde Holding

Minister of State for the Arts and Territories

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the A.C.T. Self-Government (Consequential Provisions) Regulations.

Commencement

2. (1) The modification of subsection 28 (1) of the Australian Capital Territory Supreme Court Act 1933 set out in regulation 4 commences on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988.

(2) The modifications of:

(a) sections 8aa and 53 of the Australian Capital Territory Supreme Court Act 1933: and

(b) the Director of Public Prosecutions Act 1983:

set out in regulation 4 commence on 1 July 1990.

3. Regulation 2 of the Principal Regulations is repealed and the following regulation substituted:

 

(S.R. 68/69)—Cat. No.  14/3.4.1989

Modifications of Acts

“2. The Acts specified in the Schedule are modified as set out in the Schedule.”.

Schedule

4.The Schedule to the Principal Regulations is amended by inserting in their appropriate alphabetical position (determined on a letter-by-letter basis according to the citation of the Act to be modified) the following:

Australian Capital Territory Supreme Court Act 1933

Paragraph 8aa (1) (a):

After “Ordinance” insert “or enactment”.

Paragraph 8aa (1) (b);

After “Ordinance” insert “or enactment”.

Subsection 28 (1):

Omit “with any Ordinance”, substitute “with any Ordinance or enactment”.

After subsection 53 (3a):

Insert the following subsection:

“(3b) A reference in subsection (1) to an indictable offence triable before the Supreme Court does not include a reference to an offence against an enactment.”.

Director of Public Prosecutions Act 1983

Subsection 3 (1) (definition of “law of the Commonwealth”):

(a) before paragraph (a) insert the following paragraph:

“(aa) the Australian Capital Territory (Self-Government) Act 1988;”.

(b) after “paragraph” in paragraph (c) insert “(aa),”.

Subsection 3 (1) (definition of “State”):

After “includes” insert “the Australian Capital Territory and”.

Subsection 3 (1) (definition of “Territory”):

After “include” insert “the Australian Capital Territory or”.

Seat of Government (Administration) Act 1910

Paragraph 12 (2) (b):

Before “take” insert “‘subject to subsection (2aa).”.

 

After subsection 12 (2):

Insert the following subsection:

“(2aa) An Ordinance that:

(a) makes provision in relation to a matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; and

(b) is made on or before Self-Government Day within the meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988;

may be expressed to take effect from the date of commencement of a provision of the Australian Capital Territory (Self-Government) Act 1988.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 April 1989.

2.Statutory Rules 1989 No. 3.

Printed by Authority by the Commonwealth Government Printer