Nudity Act 1976 (ACT)
Nudity Act 1976
A1976-56
Republication No 4
Effective: 14 October 2015
Republication date: 14 October 2015
Last amendment made by A2015‑33
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Nudity Act 1976 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 October 2015. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 October 2015.
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 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
Nudity Act 1976
Contents
Page
1 Name of Act 2
1A Notes 2
2 Prescribed areas 2
3 Public notice of declaration 2
4 Being naked in prescribed area 2
Endnotes
1 About the endnotes 3
2 Abbreviation key 3
3 Legislation history 4
4 Amendment history 5
5 Earlier republications 6
Nudity Act 1976
An Act to permit nudity in certain public places
Name of Act
This Act is the Nudity Act 1976.
1ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Prescribed areas
(1)The Minister may, in writing, declare an area to be a prescribed area.
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Public notice of declaration
(1)Within 7 days after making a declaration under section 2, the Minister must give additional public notice of the declaration.
(2)A declaration is not invalid if the Minister does not comply with subsection (1).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (1) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
Being naked in prescribed area
A person does not commit an offence against a territory law only because the person is naked in an area declared by the Minister under section 2 to be a prescribed area.
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 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.
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
Legislation history
This Act was originally a Commonwealth ordinance—the Nudity Ordinance 1976 (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 11 May 1989 (self-government day).
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 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Nudity Act 1976 A1976‑56
notified 10 November 1976
commenced 10 November 1976as amended by
Legislation after becoming Territory enactment
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 261
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 261 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.16
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.16 commenced 11 January 2006 (s 2 (1))Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.48
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))sch 1 pt 1.48 commenced 14 October 2015 (s 2)
Amendment history
Notes
s 1Ains A2005‑62 amdt 3.163
Prescribed areas
s 2sub A2001‑44 amdt 1.2960
Public notice of declaration
s 3sub A2001‑44 amdt 1.2960; A2015‑33 amdt 1.158
Being naked in prescribed area
s 4sub A2005‑62 amdt 3.164
Earlier 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. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 not amended 31 May 1991 2 A2001‑44 9 August 2002 3 A2005‑62 11 January 2006
© Australian Capital Territory 2015
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