Legislation (Consequential Provisions) Act 2001 (ACT)
AUSTRALIAN CAPITAL TERRITORY
Legislation (Consequential Provisions) Act 2001
No 15 of 2001
CONTENTS
Section Page
1............ Name of Act............................................................................................................. 1
2............ Commencement...................................................................................................... 1
3............ Acts amended.......................................................................................................... 2
4............ Acts repealed........................................................................................................... 2
SCHEDULE 1
consequential amendments.......................................... 3
AUSTRALIAN CAPITAL TERRITORY
Legislation (Consequential Provisions) Act 2001
No 15 of 2001
An Act to amend various Acts and to repeal certain Acts because of the enactment of the Legislation Act 2001, and for other purposes
[Notified in ACT Gazette No. 14: 5 April 2001]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Legislation (Consequential Provisions) Act 2001.
Commencement
This Act commences on the commencement of section 5 (Objects) of the Legislation Act 2001.
Note The provisions of an Act providing for its name and commencement automatically commence on the date of notification of the Act (see Interpretation Act 1967, s 10B—that section is to be replaced by s 75 of the Legislation Act 2001).
Acts amended
The Acts mentioned in Schedule 1 are amended.
Acts repealed
The Subordinate Laws Act 1989 and the Legislation (Republication) Act 1996 are repealed.
The Acts mentioned in subsection (1) are declared to be laws to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.
SCHEDULE 1(See s 3)
consequential amendments
Evidence Act 1971
[1.1] Section 6 (definition of reserved law)—
Omit the definition.
[1.2] Part 2—
Repeal the part.
Interpretation Act 1967
[1.3] Section 2—
Repeal the section, substitute the following section:
“2 Application of Act
“(1) This Act applies to all Acts.
“(2) This Act applies to a statutory instrument as if—
(a)the instrument were an Act; and
(b)each of its provisions were a section of an Act; and
(c)a reference to the enactment or passage of the instrument were a reference to its making.”.
[1.4] Part 1A—
Repeal the Part.
[1.5] Part 2—
Repeal the Part.
[1.6] New section 11BA—
After section 11B insert the following section:
“11BA Terms used in instruments have same meanings as in authorising laws
Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in the Act or statutory instrument (the authorising law), or the relevant provisions of the authorising law, under which the instrument is made or in force.”.
[1.7] Section 11F (3), example 1
Omit the example, substitute the following example:
1Section 13 (4) of this Act contains definitions of form 1 and form 2 as tagged terms. There is nothing in this Act indicating that the definitions apply outside section 13. The definitions, therefore, apply only to section 13.
[1.8] Section 27A—
Repeal the section.
[1.9] Division 3.4—
Repeal the Division.
[1.10] Division 3.10—
Repeal the Division.
[1.11] Division 3.11—
Repeal the Division.
[1.12] Schedule 1—
Repeal the Schedule.
[1.13] Dictionary (definition of Act)—
Omit the definition, substitute the following definition:
“Act—see the Legislation Act 2001, sections 7 (Meaning of Act generally) and 17 (References to Acts include references to former Cwlth enactments etc).”.
Note The following sections of that Act may be relevant to particular references to an Act:
section 102 (Meaning of references to a law or instrument generally)
section 103 (References to laws and instruments with amended names)
section 104 (References to laws include references to instruments under laws).”.
[1.14] Dictionary (definition of commencement)—
Omit the definition, substitute the following definition:
“commencement, of an Act or statutory instrument—see the Legislation Act 2001, section 80 (References to commencement of law).”.
[1.15] Dictionary (definition of date of notification)—
Omit the definition.
[1.16] Dictionary (definition of disallowable instrument)—
Omit the definition, substitute the following definition:
“disallowable instrument—see the Legislation Act 2001, section 9 (Meaning of disallowable instrument).”.
[1.17] Dictionary (definitions of enactment)—
Omit the definitions, substitute the following definition:
“enactment, of an Act—see the Legislation Act 2001, section 29 (References to enactment or passing of Acts).”.
[1.18] Dictionary (definition of former NSW Act and former UK Act)—
Omit the definitions, substitute the following definitions:
“former NSW Act means a NSW Act mentioned in the Legislation Act 2001, schedule 1.
former UK Act means a UK Act mentioned in the Legislation Act 2001, schedule 1.”.
[1.19] Dictionary (definition of law, paragraph (c))—
Omit the paragraph, substitute the following paragraphs:
“(c) any other statutory instrument of a legislative nature; or
(d) the common law.”.
[1.20] Dictionary (definition of matter)—
Omit the definition.
[1.21] Dictionary—
Insert the following definitions:
“notifiable instrument—see the Legislation Act 2001, section 10 (Meaning of notifiable instrument).
“notification—
(a)of an Act—see the Legislation Act 2001, section 30 (References to notification of Acts); and
(b)of a statutory instrument—see the Legislation Act 2001, section 63 (References to notification of registrable instruments).
“notification day, for an Act or statutory instrument, means the day the Act or instrument is notified.”.
[1.22] Dictionary (definition of passing)—
Omit the definition, substitute the following definition:
“passing, of an Act—see the Legislation Act 2001, section 29 (References to enactment or passing of Acts).”.
[1.23] Dictionary (definition of penalty)—
Omit the definition.
[1.24] Dictionary (definition of provision)—
Omit the definition, substitute the following definition:
“provision—see the Legislation Act 2001, section 16 (Meaning of provision).”.
[1.25] Dictionary (definition of statutory instrument)—
Omit the definition, substitute the following definition:
“statutory instrument—see the Legislation Act 2001, section 13 (Meaning of statutory instrument).”.
[1.26] Dictionary (definition of subordinate law)—
Omit the definition, substitute the following definition:
“subordinate law—see the Legislation Act 2001, section 8 (Meaning of subordinate law).”.
Endnote
Acts amended
Evidence Act. Republished as in force on 1 September 1999 (Republication No 4). See also Acts 1999 No 66; 2000 No 17.
Interpretation Act. Republished as in force on 10 November 1999 (Republication
No 6). See also Acts 1999 Nos 75 and 79; 2000 Nos 2 and 17.
[Presentation speech made in Assembly on 30 November 2000]
© Australian Capital Territory 2001
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