Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024 (ACT)

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Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024   

SL2024-34

made under the

Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018

Republication No 1

Effective:  18 September 2024

Republication date: 18 September 2024

Regulation not amended

About this republication

The republished law

This is a republication of the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024, made under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024It also includes any commencement, repeal or expiry affecting this 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 amendments

    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 does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    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 the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024

    made under the

    Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018

    Contents

    Page

    1            Name of regulation  2

    2            NPM entities—Act, s 8C (2)  2

    3            Functions of the NPM—guidelines—Act, s 8E (3) (c)  2

    4            Arrangements for staff—Act, s 8G  2

    Endnotes

    1            About the endnotes  3

    2            Abbreviation key  3

    3            Legislation history  4

    Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024

    made under the

    Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018

    1. Name of regulation

      This regulation is the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024.

    2. NPM entities—Act, s 8C (2)

      The NPM is comprised of—

      (a)the custodial inspector; and

      (b)the human rights commission; and

      (c)the ombudsman.

    3. Functions of the NPM—guidelines—Act, s 8E (3) (c)

      The guidelines must provide for how the entities that comprise the NPM work together to efficiently and effectively exercise functions as the NPM.

    4. Arrangements for staff—Act, s 8G

      (1)This section applies if the Commonwealth Ombudsman is the ombudsman.

      (2)A person who is a member of the ombudsman staff under the Ombudsman Act 1989, section 30 (2) (b) is prescribed.

      NoteThe person must be appointed or employed under the Public Service Act 1999 (Cwlth).

    Endnotes

    1. 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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      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.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      This regulation was made as part of the Monitoring of Places of Detention Legislation Amendment Act 2024 (see A2024‑41, sch 2) and is taken to have been made under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 A2018‑3 (see A2024-41, s 4 (1)).

      Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Regulation 2024 SL2024-34

      taken to have been notified LR 17 September 2024 (A2024-41 s 4 (2) (a))
      s 1 commenced 17 September 2024 (LA s 75 (1))
      remainder commenced 18 September 2024 (A2024-41 s 4 (2) (b))

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