Health Infrastructure Enabling Amendment Regulation 2023 (No 1) (ACT)
Health Infrastructure Enabling Amendment Regulation 2023 (No 1)
Subordinate Law SL2023-14
The Australian Capital Territory Executive makes the following regulation under the Health Infrastructure Enabling Act 2023.
Dated 26 June 2023.
ANDREW BARR
Chief Minister
RACHEL STEPHEN-SMITH
Minister
Health Infrastructure Enabling Amendment Regulation 2023 (No 1)
Subordinate Law SL2023-14
made under the
Health Infrastructure Enabling Act 2023
Contents
Page
1 Name of regulation 1
2 Commencement 1
3 Legislation amended 1
4 New section 9A 1
5 Section 10 (1) (a) 2
6 Section 11 2
7 Section 14 2
8 Section 17 (1) (a) (i) 2
9 Section 18 3
10 New section 20 (2A) 3
11 Section 20 (3) 3
12 Section 33 (8), definition of dispute 3
13 New section 33A 4
14 Section 35 4
Name of regulation
This regulation is the Health Infrastructure Enabling Amendment Regulation 2023 (No 1).
Commencement
This regulation commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This regulation amends the Health Infrastructure Enabling Regulation 2023.
New section 9A
in division 4.1, insert
9APerson not entitled to compensation by more than 1 means
(1)This section applies if a person is given, or is entitled to be given, compensation under a provision of this regulation or another territory law in relation to a matter.
(2)The person is not entitled to make a claim under another provision of this regulation or another territory law in relation to the matter.
Section 10 (1) (a)
substitute
(a)the market value of the Crown lease for the hospital land on the acquisition day;
(aa)that—
(i)the Crown lease and preceding Crown lease for the hospital land were granted to Calvary for no charge and a nominal rent was payable under the leases; and
(ii)the Crown lease as amended under the Act, section 19 continues to be held by Calvary for no charge and for nominal rent; and
(iii)certain buildings and improvements on the hospital land and capital items were funded by the Territory, the Commonwealth or entities other than Calvary or a related corporation;
Section 11
omit
Section 14
omit
Section 17 (1) (a) (i)
omit
taking into account certain assets used for or related to the public hospital may have been funded by the Territory, the Commonwealth or entities other than Calvary or a related corporation
Section 18
omit
New section 20 (2A)
insert
(2A)If the Minister is satisfied that a person has a reasonable excuse for not making a claim in the period mentioned in subsection (2)—the Minister may, in writing, extend the time in which the claim must be made.
NoteA person may apply to the Minister for an extension of time, and the Minister may extend the time, even though the period mentioned in s (1) has ended (see Legislation Act, s 151C).
Section 20 (3)
omit
subsection (2)
substitute
subsections (2) or (2A)
Section 33 (8), definition of dispute
omit
but does not include a question of law
New section 33A
in part 5, insert
33ACourt to ensure just terms
Nothing in this regulation excludes the jurisdiction of a court of competent jurisdiction to determine—
(a)a question of law; or
(b)the just terms for any acquisition of property under the Act, if—
(i)the application of a provision of this regulation would result in just terms not being provided for the acquisition; or
(ii)this regulation does not otherwise provide for it.
Section 35
omit
Endnotes
Notification
Notified under the Legislation Act on 28 June 2023.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023
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