COAG Legislation Amendment Act 2025 (ACT)

Case

COAG Legislation Amendment Act 2025

A2025-1

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Dangerous Goods (Road Transport) Act 2009

4            Use of codes of practice etc in proceedingsSection 168 (4), definition of relevant document  3

5            Dictionary, new definition of Ministerial Council  3

Part 3Dangerous Goods (Road Transport) Regulation 2010

6            Dictionary, note 3  4

7           Dictionary, definition of competent authorities panel (or CAP)               4

8            Dictionary, definition of Ministerial council  4

9            Dictionary, new definition of National Transport Commission                4

Part 4Health (National Health Funding Pool and Administration) Act 2013

10          Section 4 heading  5

11          Functions of administratorSection 13 (3)  5

12          Section 13 (4)  5

13          New part 10  6

14          Dictionary, definition of COAG  8

15          Dictionary, new definitions  8

16          Dictionary, definition of national health reform agreement  8

17          Dictionary, definition of standing council on health  9

18          Further amendments, mentions of standing council on health               9

Part 5Utilities Act 2000

19          National regulatory obligations and costsSection 54E (1) (b) and (4) (a) (ii)  10

20          Section 54E (4) (a) (iii) to (v)  10

21          Section 54E (7), definition of COAG EC  10

22          New part 21  11

Part 6Work Health and Safety Regulation 2011

23          Dictionary, definition of ADG Code  13

24          Dictionary, new definition of Ministerial Council  13

COAG Legislation Amendment Act 2025

A2025-1

An Act to amend legislation to deal with the cessation of the Council of Australian Governments, and for related purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the COAG Legislation Amendment Act 2025.

  2. Commencement

    This Act commences on the 7th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Dangerous Goods (Road Transport) Act 2009

    ·     Dangerous Goods (Road Transport) Regulation 2010

    ·     Health (National Health Funding Pool and Administration) Act 2013

    ·     Utilities Act 2000

    ·     Work Health and Safety Regulation 2011.

Part 2Dangerous Goods (Road Transport) Act 2009

  1. Use of codes of practice etc in proceedings
    Section 168 (4), definition of relevant document

    omit

    Transport and Infrastructure Council

    substitute

    Ministerial Council

  2. Dictionary, new definition of Ministerial Council

    insert

    Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

Part 3Dangerous Goods (Road Transport) Regulation 2010

  1. Dictionary, note 3

    insert

    ·     Ministerial Council

  2. Dictionary, definition of competent authorities panel (or CAP)

    omit

    Ministerial council

    substitute

    Ministerial Council

  3. Dictionary, definition of Ministerial council

    omit

  4. Dictionary, new definition of National Transport Commission

    insert

    National Transport Commission—see the National Transport Commission Act 2003 (Cwlth), section 5.

Part 4Health (National Health Funding Pool and Administration) Act 2013

  1. Section 4 heading

    substitute

  2. Constitution of Ministerial Council etc

  3. Functions of administrator
    Section 13 (3)

    omit

    COAG

    substitute

    the First Ministers’ Council

  4. Section 13 (4)

    omit everything before paragraph (b), substitute

    (4)Directions given by the First Ministers’ Council under subsection (3)—

    (a)are to be given in accordance with a written resolution of the First Ministers’ Council passed in accordance with the procedures determined by that council; and

  5. New part 10

    insert

Part 10Transitional—COAG Legislation Amendment Act 2025

  1. Definitions—pt 10

    In this part:

    COAG—see the pre-amendment Act, dictionary.

    commencement day means the day the COAG Legislation Amendment Act 2025, section 3 commences.

    pre-amendment Act means the Health (National Health Funding Pool and Administration) Act 2013, as in force immediately before the commencement day.

    standing council on health—see the pre-amendment Act, dictionary.

  2. References to COAG and standing council on health

    (1)A reference to COAG in the Act before the commencement day is taken, from 29 May 2020, to be a reference to the First Ministers’ Council.

    NoteOn 29 May 2020, National Cabinet agreed to the cessation of the Council of Australian Governments.

    (2)A reference to the standing council on health in the Act before the commencement day is taken, from 23 October 2020, to be a reference to the Ministerial Council.

    NoteOn 23 October 2020, National Cabinet agreed to the review of the Ministerial councils and forums.

  3. Things started but not finished by COAG

    (1)This section applies if—

    (a)COAG started doing something before 30 May 2020; and

    (b)immediately before 30 May 2020, COAG had not finished doing the thing.

    (2)The First Ministers’ Council may, after 29 May 2020, finish doing the thing.

  4. Things started but not finished by standing council on health

    (1)This section applies if—

    (a)the standing council on health started doing something before 24 October 2020; and

    (b)immediately before 24 October 2020, the standing council on health had not finished doing the thing.

    (2)The Ministerial Council may, after 23 October 2020, finish doing the thing.

  5. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the COAG Legislation Amendment Act 2025.

    (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

  6. Expiry—pt 10

    This part expires 2 years after the commencement day.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  7. Dictionary, definition of COAG

    omit

  8. Dictionary, new definitions

    insert

    First Ministers’ Council means a body (however described) that consists only of, or that includes, the following:

    (a)the Prime Minister;

    (b)the Premiers of each State;

    (c)the Chief Ministers of the Australian Capital Territory and Northern Territory.

    Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health.

  9. Dictionary, definition of national health reform agreement

    substitute

    national health reform agreement means the National Health Reform Agreement between the Commonwealth and the States that was agreed to by the Council of Australian Governments on 2 August 2011, as amended from time to time.

    NoteOn 29 May 2020, National Cabinet agreed to the cessation of the Council of Australian Governments.

  10. Dictionary, definition of standing council on health

    omit

  11. Further amendments, mentions of standing council on health

    omit

    standing council on health

    substitute

    Ministerial Council

    in

    ·     section 4

    ·     sections 8 to 11

    ·     section 32 (2)

Part 5Utilities Act 2000

  1. National regulatory obligations and costs
    Section 54E (1) (b) and (4) (a) (ii)

    omit

    COAG EC’s

    substitute

    Ministerial Council’s

  2. Section 54E (4) (a) (iii) to (v)

    omit

    COAG EC

    substitute

    Ministerial Council

  3. Section 54E (7), definition of COAG EC

    substitute

    Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to energy.

  4. New part 21

    insert

Part 21Transitional—COAG Legislation Amendment Act 2025

  1. References to COAG EC

    (1)A reference to COAG EC in the Act before the commencement day is taken, from 23 October 2020, to be a reference to the Ministerial Council.

    NoteOn 23 October 2020, National Cabinet agreed to the review of the Ministerial councils and forums.

    (2)In this section:

    COAG EC—see the pre-amendment Act, section 54E (7).

    commencement day means the day the COAG Legislation Amendment Act 2025, section 3 commences.

    Ministerial Council—see section 54E (7).

    pre-amendment Act means the Utilities Act 2000, as in force immediately before the commencement day.

  2. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the COAG Legislation Amendment Act 2025.

    (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

  3. Expiry—pt 21

    This part expires 2 years after the commencement day.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 6Work Health and Safety Regulation 2011

  1. Dictionary, definition of ADG Code

    omit

    Transport and Infrastructure Council

    substitute

    Ministerial Council

  2. Dictionary, new definition of Ministerial Council

    insert

    Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to transport.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 3 December 2024.

  2. Notification

    Notified under the Legislation Act on 20 February 2025.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the COAG Legislation Amendment Bill 2025, which originated in the Legislative Assembly as the COAG Legislation Amendment Bill 2024 and was passed by the Assembly on 4 February 2025.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2025

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