Enforcement of Public Interests Act 1973 (ACT)
Enforcement of Public Interests Act 1973 No 24
Republication No 2
Republication date: 16 July 2002
Act not amended up to this date
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Enforcement of Public Interests Act 1973, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force on 16 July 2002. It also includes any amendment, repeal or expiry affecting the republished law.
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 includes 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.
Enforcement of Public Interests Act 1973
Contents
Page
1 Name of Act 2
2 Form of certain proceedings instituted with consent of Attorney-General 2
3 Powers of court and rights of Attorney-General if direction given 2
Endnotes
1 About the endnotes 4
2 Abbreviation key 4
3 Legislation history 5
4 Earlier republications 5
Enforcement of Public Interests Act 1973
An Act relating to the conduct of certain proceedings in courts
Name of Act
This Act is the Enforcement of Public Interests Act 1973.
Form of certain proceedings instituted with consent of Attorney-General
(1)If the Attorney-General gives his or her consent to the institution of proceedings in a court on the relation of a person, the title of the proceedings shall, if the Attorney-General so directs—
(a)describe that person as the plaintiff in the proceedings; and
(b)contain words to the effect that the proceedings are instituted with the consent of the Attorney-General.
(2)If, either before or after the commencement of this Act, proceedings have been instituted in a court in the name of the Attorney-General as plaintiff on the relation of a person, the Attorney-General may, if the Attorney-General considers appropriate, direct that, on and from the date of the direction, the title of the proceedings shall be changed so that the person named in the proceedings as the relator is described as the plaintiff in the proceedings.
(3)If a direction is given under subsection (2) in relation to proceedings, the title of the proceedings shall, on and after the date when a copy of the direction is lodged with the registrar of the court, be deemed to have been changed so that the person named in the proceedings as relator is described as the plaintiff with the addition of the words ‘with the consent of the Attorney-General’.
Powers of court and rights of Attorney-General if direction given
(1)If a direction is given under section 2 (1) in relation to proceedings, the Attorney-General has the same rights in relation to those proceedings as the Attorney-General would have had if the proceedings had been instituted in his or her name as plaintiff on the relation of a person.
(2)If a direction is given under section 2 (2) in relation to proceedings, the Attorney-General has, on and after the date of the direction, the same rights as the Attorney-General would have had if the direction had not been given.
(3)In proceedings in relation to which a direction has been given under section 2 (1), a court has the same powers as it would have had if the proceedings had been instituted in the name of the Attorney-General on the relation of a person.
(4)In proceedings in relation to which a direction has been given under section 2 (2), a court has, on and after the date when a copy of the direction is lodged with the registrar of the court, the same powers as it would have had if the direction had not been given.
Endnotes
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter p = page cl = clause par = paragraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly prov = provision div = division pt = part exp = expires/expired r = rule/subrule Gaz = Gazette reg = regulation/subregulation hdg = heading renum = renumbered IA = Interpretation Act 1967 reloc = relocated ins = inserted/added R[X] = Republication No LA = Legislation Act 2001 s = section/subsection LR = legislation register sch = schedule LRA = Legislation (Republication) Act 1996 sdiv = subdivision mod = modified / modification sub = substituted No = number SL = Subordinate Law num = numbered underlining = whole or part not commenced o = order or to be expired om = omitted/repealed
Legislation history
This Act was originally a Commonwealth ordinance—the Enforcement of Public Interests Act 1973 A1973‑24 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1992 under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (7).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on its conversion to an ACT enactment on 1 July 1992.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Enforcement of Public Interests Act 1973 A1973‑24
notified 5 July 1973
commenced 5 July 1973Earlier 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. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 not amended 31 August 1993
Unauthorised version prepared by ACT Parliamentary Counsel's Office
© Australian Capital Territory 2002
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