Administrative Arrangements (Consequential Amendments) Act 1987 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Administrative Arrangements (Consequential Amendments) Ordinance 1987

No. 37 of 1987

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 24 July 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN BROWN

Minister of State for the Arts, Sport, the
Environment, Tourism and Territories

An Ordinance to amend certain Ordinances of the Territory in consequence of revised administrative arrangements

Short title

1.  This Ordinance may be cited as the Administrative Arrangements (Consequential Amendments) Ordinance 1987.1

Commencement

2.  (1)  Section 5 shall come into operation on such date as is fixed by the Minister by notice in the Gazette.

(2)  The remaining provisions of this Ordinance shall come into operation on the day on which this Ordinance is notified in the Gazette.

Seat of Government (Administration) Ordinance:  amendments

3.  Section 10 of the Seat of Government (Administration) Ordinance 1930 is amended:

(a)by omitting from subsection (1) “Minister of State for Territories” and substituting “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”; and

(b)by omitting subsections (3) and (5A).

Interpretation Ordinance: amendments

4.  (1)  In this section, “Principal Ordinance” means the Interpretation Ordinance 1967.

(2)  After Division 2B of Part III of the Principal Ordinance the following Division is inserted:

“Division 2C—1987 Changes in Administrative Arrangements

Interpretation

“25G.  In this Division:

‘instrument’ includes regulations, rules, by-laws and notices;

‘relevant date’ means the date of commencement of the Administrative Arrangements (Consequential Amendments) Ordinance 1987.

References to Minister etc. in Ordinances administered by Minister for the Arts, Sport, the Environment, Tourism and Territories

“25H.  (1)  In this section, a reference to an Ordinance to which this section applies shall be read as a reference to an Ordinance that:

(a)was, immediately before the relevant date, administered by the Minister of State for Territories; and

(b)is, on an after the relevant date, administered by the Minister of State for the Arts, Sport, the Environment, Tourism and Territories.

“(2)  In an Ordinance to which this section applies and in an instrument made, granted, issued or given under such an Ordinance and having force and effect immediately before the relevant date:

(a)a reference to the Minister or a reference to, or a reference that is to be read as a reference to, the Minister of State for Territories shall, on and after the relevant date, be read as a reference to the Minister of State for the Arts, Sport, the Environment, Tourism and Territories;

(b)a reference to the Secretary to the Department of Territories shall, on and after the relevant date, be read as a reference to the Secretary to the Department of the Arts, Sport, the Environment, Tourism and Territories; and

(c)a reference to the Department of Territories shall, on and after the relevant date, be read as a reference to the Department of the Arts, Sport, the Environment, Tourism and Territories.

“(3)  An appointment made, an instrument made, granted, issued or given, or anything done, by the Minister of State for Territories, by the Secretary to the Department of Territories or by an officer of that Department under an Ordinance to which this section applies or under an instrument in force under such an Ordinance and having force and effect immediately before the relevant date shall, on and after the relevant date, have force and effect as if made, granted, issued, given or done by the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, by the Secretary to the Department of the Arts, Sport, the Environment, Tourism and Territories or by an officer of that Department, respectively.

“(4)  A notice or other document given to, served on, or lodged with, the Minister of state for Territories, the Secretary to the Department of Territories or an officer of that Department before the relevant date shall, on and after the relevant date, be deemed to have been given to, served on, or lodged with, the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, the Secretary to the Department of the Arts, Sport, the Environment, Tourism and Territories or an officer of that Department, respectively.

References to Minister in commencement provisions

“25I.  Where:

(a)an Ordinance contains a provision providing that the Ordinance or a part of the Ordinance shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette; and

(b)immediately before the relevant date, the first-mentioned date had not been so fixed;

the reference in that provision to the Minister of State for Territories shall, on and after the relevant date, be read as a reference to the Minister of State for the Arts, Sport, the Environment, Tourism and Territories.”.

(3)  Section 50 of the Principal Ordinance is amended by omitting from subsection (1B) “Minister of State for Sport, Recreation and Tourism” and substituting “Minister of State for Administrative Services”.

Classification of Publications Ordinance: amendments

5.  The Classification of Publications Ordinance 1983 is amended as set out in Schedule 1.

Other Ordinances: amendments

6.  The Ordinances specified in Schedule 2 are amended as set out in that Schedule.

SCHEDULE 1  Section 5

AMENDMENTS OF CLASSIFICATION OF
PUBLICATIONS ORDINANCE

1.  The following provisions of the Classification of Publications Ordinance 1983 are amended by omitting “Attorney-General” (wherever occurring) and substituting “Minister”:

Subsection 7 (1), sections 8 and 10, subsections 11 (1) and (2), section 12 and subsections 16 (3) and 61 (1) and (2).

2.  The following provisions of the Classification of Publications Ordinance 1983 are amended by inserting “or the Minister” after “Attorney-General”:

Paragraphs 20 (1) (c) and (2) (c), subsection 20 (3), paragraphs 30 (1) (c) and (2) (c) and subsections 30 (3) and 56 (1).

SCHEDULE 2  Section 6

AMENDMENTS OF OTHER ORDINANCES

Imperial Acts Application Ordinance 1986

Schedule 1, column 4:

Omit:

“Minister for Transport”

substitute:

“Minister of State for Transport and Communications”.

Schedule 2, column 4:

Omit:

“Minister for Territories” (wherever occurring)

substitute:

“Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

Imperial Acts (Substituted Provisions) Ordinance 1986

Schedule 1, column 5:

Omit “Minister for Territories” (wherever occurring), substitute “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

Instruments Ordinance 1933

The following provisions of the Instruments Ordinance 1933 are amended by omitting “Attorney-General” (wherever occurring) and substituting “Minister”:

Subsection 7 (2) and section 38.

New South Wales Acts Application Ordinance 1984

Schedule 1, column 2:

(a)Omit “Minister for Territories and Local Government” (wherever occurring), substitute “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

(b)Omit “Minister for Education and Youth Affairs”, substitute “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

New South Wales Acts Ordinance 1986

Subsection 9 (3):

Omit “Minister for Territories”, substitute “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

Schedule 1, column 2:

Omit “Minister for Territories” (wherever occurring), substitute “Minister of State for the Arts, Sport, the Environment, Tourism and Territories”.

Public Trustee Ordinance 1985

The following provisions of the Public Trustee Ordinance 1985 are amended by omitting “Attorney-General” (wherever occurring) and substituting “Minister”:

Subsections 5 (2) and (3), 6 (1) and 7 (1), (2), (5), (6) and (7), paragraph 48 (1) (b), subsections 50 (1), (3), (4) and (5), section 52, subsections 53 (1) and (2) and sections 75 and 76.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 July 1987.