Administration (Interstate Agreements) Act 1997 (ACT)

Administration (Interstate Agreements) Act 1997 (repealed)   

A1997-115

Republication No 7

Effective:  23 December 2005

Republication date: 23 December 2005

As repealed by A2005-61 s 3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Administration (Interstate Agreements) Act 1997 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 23 December 2005. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Administration (Interstate Agreements) Act 1997 (repealed)

Contents

Page

Part 1Introduction

1. Name of Act  2

2. Object  2

3. Dictionary  2

4ANotes  2

1. Application of Act  2

5AEnding of application of Act  3

Part 2Notification and consultation

1. Notification of negotiations  4

2. Consultation about agreements  4

3. Procedure before entering into agreements  5

4. Notification of outcomes  6

5. Urgent or extraordinary negotiations  6

6. Discharge of requirements  6

Schedule 1Negotiations to which Act does not apply                8

Dictionary9

Endnotes

1. About the endnotes  10

2. Abbreviation key  10

3. Legislation history  11

4. Amendment history  12

5. Earlier republications  13

Administration (Interstate Agreements) Act 1997 (repealed)

An Act relating to interstate agreements

Part 1Introduction

1. Name of Act

   This Act is the Administration (Interstate Agreements) Act 1997.

2. Object

   The object of this Act is to impose on Ministers duties to inform and consult with other members of the Legislative Assembly in regard to interstate agreements, so as to protect the freedom of the Assembly to carry out its legislative deliberations without being subjected to necessity or compulsion due to the actions of the Executive, and shall be construed accordingly.

3. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Application of Act

   Part 2 does not apply in relation to negotiations for agreements of the kind specified in schedule 1.

5AEnding of application of Act

(1)This Act ceases to apply in relation to interstate agreements and any negotiations for them.

(2)Subsection (1) has effect despite the Legislation Act, section 84 (Saving of operation of repealed and amended laws).

(3)This section is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Part 2Notification and consultation

1. Notification of negotiations

   (1) If a Minister proposes to participate in a negotiation for an interstate agreement, he or she shall comply with subsection (3) as soon as practicable after becoming aware of the impending negotiation.

   (2) If—

   (a)a Minister is participating in a negotiation for an interstate agreement; and

   (b)subsection (3) has not been complied with in relation to the negotiation;

   he or she shall do so as soon as practicable.

   (3) A Minister shall, in writing, inform each member of the Legislative Assembly of—

   (a)the nature of the negotiation or proposed negotiation; and

   (b)any timetable for the negotiation or proposed negotiation; and

   (c)the nature of any legislation that may be proposed as a result of the negotiation; and

   (d)any position the Minister is taking, or intends to take, in the negotiation.

2. Consultation about agreements

   (1)A Minister proposing to participate in a negotiation for an interstate agreement must, if practicable, comply with subsection (3).

   (2)A Minister participating in a negotiation for an interstate agreement must, if subsection (3) has not been complied with, comply with the subsection as soon as practicable in relation to the negotiation.

   (3)The Minister must consult with the following committees about the issues to be considered in the negotiation:

   (a)a standing committee of the Legislative Assembly nominated by the Speaker for the purpose;

   (b)the legal affairs committee.

   (4)If a standing committee of the Legislative Assembly has been nominated under subsection (3) (a) for a negotiation, it is sufficient for subsection (3) (b) if the Minister consults with the legal affairs committee when it is performing the duties of a scrutiny of bills and subordinate legislation committee so far as its terms of reference as such a committee are relevant.

   (5)In participating in the negotiation, the Minister must have regard to any recommendation made by a relevant committee following the consultation.

   (6)In this section:

   legal affairs committee means the standing committee of the Legislative Assembly responsible for performing the duties of a scrutiny of bills and subordinate legislation committee.

3. Procedure before entering into agreements

   (1)A Minister shall not, on behalf of the Territory, enter into a proposed interstate agreement until either—

   (a)a recommendation made by a committee consulted in accordance with section 7 has been received; or

   (b)6 days have elapsed since the consultation was undertaken in accordance with section 7.

   (2)A Minister shall, in considering whether to enter into an interstate agreement, have regard to any recommendations received under subsection (1).

4. Notification of outcomes

   If a Minister participates in a negotiation for an interstate agreement, and an agreement is reached, the Minister shall, within 7 days, inform in writing each member of the Legislative Assembly of the terms of the interstate agreement and any commitments made on behalf of the Territory.

5. Urgent or extraordinary negotiations

   If the relevant Minister is satisfied, on reasonable grounds, that compliance with a requirement specified in section 6, 7 or 8—

   (a)would not be possible or reasonable because of the urgency of the negotiations; or

   (b)would adversely affect the public interest or the interests of the Territory;

   the Minister—

   (c)is not required to comply with that requirement; and

   (d)shall inform in writing all members of the Legislative Assembly of his or her opinion under paragraph (a) or (b), and the grounds for that opinion, within 7 days of commencing the negotiations.

6. Discharge of requirements

   (1)If—

   (a)a Minister is required by this Act to consult with a committee, or to provide information to Members, regarding negotiations for an interstate agreement; and

   (b)2 or more Ministers are jointly engaged in the negotiations in question;

   a requirement of this Act may be fulfilled by 1 of those Ministers consulting, or providing information, on behalf of all the relevant Ministers.

   (2)In relation to negotiations for a particular agreement, a Minister is required to fulfil a requirement in sections 6, 7, 8 and 9 once only.

Schedule 1Negotiations to which Act does not apply

(see s 5)

1.Agreements that are considered by the intergovernmental committee of the Australian Crime Commission, constituted under the Australian Crime Commission Act 2002 (Cwlth), section 7.

2.   Agreements reached in the course of meetings of the Australian Loan Council of the Premiers’ Conference.

Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·ACT

·Legislative Assembly

·Minister (see s 162)

·the Territory.

government means the executive of any of the States, the Territories or the Commonwealth.

interstate agreement means any agreement, including a proposed agreement, between governments, whether negotiated at an official forum or otherwise, the implementation of which could reasonably be expected to require legislation to be passed by the Legislative Assembly.

negotiation means a negotiation between a Minister and another government or its representative.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Administration (Interstate Agreements) Act 1997 No 115

   notified 24 December 1997 (Gaz 1997 No S420)
   s 1, s 2 commenced 24 December 1997 (s 2 (1))

   remainder commenced 15 January 1998 (s 2 (2) and Gaz 1998 No S29)

   as amended by

   Administration (Interstate Agreements) (Amendment) Act 1998 No 43

   notified 8 October 1998 (Gaz 1998 No S200)

   commenced 8 October 1998 (s 2)

   Legislation (Consequential Amendments) Act 2001 No 44 pt 4

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 4 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.2

   notified LR 5 December 2003
   s 1, s 2 commenced 5 December 2003 (LA s 75 (1))

   sch 3 pt 3.2 commenced 19 December 2003 (s 2)

   Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.1

   notified LR 17 December 2003
   s 1, s 2 commenced 17 December 2003 (LA s 75 (1))

   sch 1 pt 1.1 commenced 17 June 2004 (s 2 and LA s 79)

   Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.1

   notified LR 11 August 2004
   s 1, s 2 commenced 11 August 2004 (LA s 75 (1))

   sch 3 pt 3.1 commenced 25 August 2004 (s 2 (1))

   Administration (Interstate Agreements) Repeal Act 2005 A2005-61

   notified LR 21 December 2005
   s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

   remainder commenced 22 December 2005 (s 2)

   as repealed by

   Administration (Interstate Agreements) Repeal Act 2005 A2005-61 s 3

   notified LR 21 December 2005
   s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

   s 3 commenced 22 December 2005 (s 2)

2. Amendment history

   Title

   titlesub 1998 No 43 s 4

   Name of Act

   s 1sub A2003-56 amdt 3.8

   Commencement

   s 2om 2001 No 44 amdt 1.31

   Object

   s 3am 1998 No 43 s 5

   Dictionary

   s 4defs reloc to dict A2003-56 amdt 3.9

   sub A2003-56 amdt 3.10

   Notes

   s 4Ains A2003-56 amdt 3.10

   Ending of application of Act

   s 5Ains A2005-61 s 4

   Notification and consultation

   pt 2 hdgam 1998 No 43 s 7

   Notification of negotiations

   s 6sub 1998 No 43 s 8

   Consultation about agreements

   s 7sub 1998 No 43 s 9; A2004-42 amdt 3.1

   Procedure before entering into agreements

   s 8am 1998 No 43 s 10

   Urgent or extraordinary negotiations

   s 10 am 1998 No 43 s 11

   Discharge of requirements

   s 11am 1998 No 43 s 12

   Negotiations to which Act does not apply

   sch 1 hdg(prev sch hdg) num R2 LA

   sch 1items num R2 LA

   am A2003-58 amdt 1.1

   Dictionary

   dictins A2003-56 amdt 3.11

   def government reloc from s 4 A2003-56 amdt 3.9

   def interstate agreement reloc from s 4 A2003-56 amdt 3.9

   def negotiation sub 1998 No 43 s 6

   reloc from s 4 A2003-56 amdt 3.9

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1998 No 43	31 October 1998
2	A2001-44	15 February 2002
3	A2003-58	19 December 2003
4	A2003-58	17 June 2004
5	A2004-42	25 August 2004
6	A2005-61	22 December 2005

©  Australian Capital Territory 2005