Red Tape Reduction Legislation Amendment Act 2018 (ACT)

Case

Red Tape Reduction Legislation Amendment Act 2018

A2018-33

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  3

4Tobacco and Other Smoking Products Regulation 2018—sch 2 3

Part 2Associations Incorporation Act 1991

5Offences against Act—application of Criminal Code etc
Section 3A, note 1  5

6            Section 4 heading  5

7           Section 4  5

8            Section 4 (b)  6

9            Section 11 heading  6

10          Section 11 (1) and notes  6

11          Section 13A  6

12          Sections 14 (2) and 15 (1)  7

13          Applications for incorporationSection 18 (1) (a), note  7

14          Corporate identitySection 22 (b)  8

15          Amalgamation of incorporated associationsSection 26 (2) (a), note  8

16          Copies of documents for membersNew section 35 (1) (d)  8

17          New section 35A  8

18          Name on association’s documents etcSection 41 (a)  9

19          Ratification of pre-incorporation contractsSection 43 (3) (b)  9

20          Relationship between association and membersSection 48  9

21          Authentication and execution of documentsSection 55 (1)  10

22          Section 55 (2)  10

23          Section 55 (4) (b)  10

24          New section 55 (5)  11

25          Validity of documents executed under common sealSection 56  11

26          New division 4.1 heading  11

27          Notice of public officer’s appointment or change of addressSection 59 (2), note  11

28          New section 59 (3)  12

29          Notice of changes in committeeSection 62 (2), note 2  12

30          Vacancy in office of public officerSection 64 (2) (e)  12

31          Section 65  12

32          Information from officersSection 66, note  17

33          New division 4.2  18

34          New division 4.3 heading  19

35          Section 67  19

36          New division 4.4 heading  22

37          Part 5 heading  22

38          New sections 70B and 70C  22

39          Accounting recordsSection 71 (b) (ii)  24

40          Presentation of statement to membersSection 73 (1) (a)  24

41          Section 73 (1) (b)  25

42          Section 73 (2)  25

43          Sections 74 and 75  25

44          Section 76 heading  27

45          Section 76 (1)  27

46          Section 76 (2) and (3)  27

47          Section 76 (3) (a) (iii) and (b)  28

48          Section 76 (5) and (7)  28

49          Section 76 (8) and (9)  28

50          Section 76 (10)  28

51          Section 77 heading  29

52          Section 77  29

53          Section 77  29

54          Annual returnsSection 79 (1) (b)  29

55          Section 79 (1) (c)  29

56          Section 79 (1) (e) (ii)  30

57          Winding-up by the courtSection 90 (e)  30

58          Property of defunct associationSection 92 (2) (b) and (c) (ii)  30

59          Cancellation of incorporationSection 93 (1) (f)  30

60          Section 93 (1) (f)  30

61          Section 93 (1) (f)  31

62          Section 109 heading  31

63          Section 109 (1)  31

64          Matters to be provided for in rules other than model rulesSchedule 1, new item 4A  31

65          Schedule 1, item 5, column 3, new paragraph 2 (da)  31

66          Schedule 1, item 9, column 3  32

67          Schedule 1, new item 12  32

68          Reviewable decisionsSchedule 3, new items 4A and 4B  32

69          Dictionary, note 2  32

70          Dictionary, new definitions  33

71          Dictionary, definition of trade  33

Part 3Associations Incorporation Regulation 1991

72          Sections 10, 12 and 13  34

Part 4Casino Control Act 2006

73          Definitions—div 5.7Section 78, definition of document of identification  35

Part 5Casino Control Regulation 2006

74          New section 7A  36

Part 6Land Titles Act 1925

75          When applicant is not original grantee or any transactions registeredSection 22  37

76          Section 22, new note  37

77          When evidence of title imperfectSection 23 (1)  37

78          Section 23 (1), new note  38

79          Notice of application to be publishedNew section 24 (3)  38

80          Memorial to be recorded on duplicate grant, certificate or instrument, unless dispensed withSection 50 (6)  38

81          Lost grant or certificateSection 62 (5)  39

82          Registrar-general may require map to be depositedSection 64 (1), note 2  39

83          Section 64 (2) to (6) and (8)  39

84          Application—how made effectiveSection 98 (3)  39

85          Dictionary, definition of daily newspaper  39

Part 7Liquor Act 2010

86          Dictionary, note 2  40

87          Dictionary, definition of identification document  40

Part 8Liquor Regulation 2010

88          New section 34  41

Part 9Nature Conservation Act 2014

89          Definitions—pt 4.3Section 72A  42

90          What is a key threatening processes list?Section 75, definition of key threatening processes list, paragraph (a)    42

91          Key threatening processes listSection 79A  42

92          Sections 79B to 79H  42

93          Nominations—scientific committee to carry out listing assessmentNew section 85 (5) and (6)  42

94          Minister to decide whether to include, transfer or omit itemSection 87 (1)  43

95          Section 87 (2), note  43

96          Sections 88 (2) (a), 89 (2) (a) and 90 (2) (a)  43

97          Minister may include or transfer nationally threatened items without nominationSection 90A (3) (b)  43

98          Sections 90C and 90D  44

99          Conservation advice—adopting advice for nationally threatened itemSection 90E (2)  45

100         Section 90E (2)  45

101         Section 90E (3)  46

102         Conservation advice—scientific committee to reviewSection 90F (2)  46

103         Minister may make minor amendmentsSection 94 (2) (b)  46

104         Minor amendment—including similar speciesSection 95 (2) and note  46

105         Minor amendment—omitting similar speciesSection 96 (2) and note  47

106         Dictionary, definition of listing assessment  47

107         Dictionary, definition of public consultation notice  47

Part 10Planning and Development Act 2007

108         Consideration of whether review of planning strategy necessarySection 110 (3)  48

Part 11Sale of Motor Vehicles Act 1977

109         Information to be recorded in dealings registerSection 16 (4) and (5)  49

110         Power to enter premisesSection 70A (1) (b) (iii)  49

111         Dictionary, definition of car market operator  49

112         Dictionary, definition of dealer, paragraph (b) (iii)  49

113         Dictionary, definition of wholesaler  49

Part 12Tobacco and Other Smoking Products Act 1927

114         Supply of smoking product to under 18 year oldsSection 14 (6)  50

115         Dictionary, note 2  51

Part 13Traders (Licensing) Act 2016

116         Meaning of traderSection 7 (a)  52

117         Meaning of car market operatorSection 8  52

118         Definitions—pt 20Section 150, definition of operational Act licence, paragraph (a)           52

119         Dictionary, definition of car market operator  52

Part 14Traders (Licensing) Regulation 2017

120         Transferable licences—Act, s 24 (1)Section 10 (a)  53

121         Notification of application in certain trader categoriesSection 11 (1) (a)  53

122         Dictionary, note 3  53

Schedule 1 Other amendments  54

Part 1.1    Animal Diseases Act 2005  54

Part 1.2    Building Act 2004  54

Part 1.3    Children and Young People Act 2008  55

Part 1.4    Commercial Arbitration Act 2017  56

Part 1.5    Construction Occupations (Licensing) Act 2004            56

Part 1.6    Crimes Act 1900  57

Part 1.7    Crimes (Forensic Procedures) Act 2000  57

Part 1.8    Dangerous Goods (Road Transport) Act 2009               57

Part 1.9    Dangerous Substances Act 2004  58

Part 1.10   Drugs of Dependence Act 1989  59

Part 1.11   Electoral Act 1992  59

Part 1.12   Electricity Safety Act 1971  59

Part 1.13   Fair Trading (Australian Consumer Law) Act 1992          60

Part 1.14   Firearms Act 1996  61

Part 1.15   Fisheries Act 2000  61

Part 1.16   Food Act 2001  62

Part 1.17   Gas Safety Act 2000  62

Part 1.18   Gene Technology Act 2003  63

Part 1.19   Gene Technology (GM Crop Moratorium) Act 2004         63

Part 1.20   Hemp Fibre Industry Facilitation Act 2004  64

Part 1.21   Heritage Act 2004  64

Part 1.22   Independent Competition and Regulatory Commission Act 1997       65

Part 1.23   Legal Profession Act 2006  65

Part 1.24   Liquor Act 2010  66

Part 1.25   Medicines, Poisons and Therapeutic Goods Act 2008     67

Part 1.26   Nature Conservation Act 2014  67

Part 1.27   Pest Plants and Animals Act 2005  68

Part 1.28   Planning and Development Act 2007  69

Part 1.29   Plant Diseases Act 2002  70

Part 1.30   Public Health Act 1997  70

Part 1.31   Public Unleased Land Act 2013  70

Part 1.32   Radiation Protection Act 2006  71

Part 1.33   Road Transport (Third-Party Insurance) Act 2008           72

Part 1.34   Sale of Motor Vehicles Act 1977  72

Part 1.35   Stock Act 2005  73

Part 1.36   Tree Protection Act 2005  74

Part 1.37   Utilities Act 2000  74

Part 1.38   Utilities (Technical Regulation) Act 2014  75

Part 1.39   Waste Management and Resource Recovery Act 2016    75

Part 1.40   Water and Sewerage Act 2000  76

Part 1.41   Water Resources Act 2007  77

Part 1.42   Work Health and Safety Act 2011  77

Schedule 2 New Tobacco and Other Smoking Products Regulation      78

Red Tape Reduction Legislation Amendment Act 2018

A2018-33

An Act to amend legislation for red tape reduction, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Red Tape Reduction Legislation Amendment Act 2018.

  2. Commencement

    (1)This Act (other than the following provisions) commences on the 7th day after its notification day:

    ·     part 2 (Associations Incorporation Act 1991)

    ·     part 3 (Associations Incorporation Regulation 1991)

    ·     schedule 1 (Other amendments).

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Parts 2 and 3 commence on a day fixed by the Minister by written notice.

    NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    (3)If parts 2 and 3 have not commenced by 1 July 2019, they automatically commence on that day.

    (4)Schedule 1 commences on the 28th day after this Act’s notification day.

    (5)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to parts 2 and 3.

  3. Legislation amended

    This Act amends the following legislation:

    ·     Associations Incorporation Act 1991

    ·     Associations Incorporation Regulation 1991

    ·     Casino Control Act 2006

    ·     Casino Control Regulation 2006

    ·     Land Titles Act 1925

    ·     Liquor Act 2010

    ·     Liquor Regulation 2010

    ·     Nature Conservation Act 2014

    ·     Planning and Development Act 2007

    ·     Sale of Motor Vehicles Act 1977

    ·     Tobacco and Other Smoking Products Act 1927

    ·     Traders (Licensing) Act 2016

    ·     Traders (Licensing) Regulation 2017.

    NoteThis Act also amends other legislation (see sch 1).

  4. Tobacco and Other Smoking Products Regulation 2018—sch 2

    (1)The provisions set out in schedule 2 are taken, on the commencement of this section, to be a regulation made under the Tobacco and Other Smoking Products Act 1927, section 73.

    (2)The regulation—

    (a)is taken to be notified under the Legislation Act on the day this Act is notified; and

    (b)commences on the commencement of this section; and

    (c)is not required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1); and

    (d)may be amended or repealed as if it had been made under the Tobacco and Other Smoking Products Act 1927, section 73.

    (3)This Act is taken to be an amending law for the Legislation Act, section 89 (Automatic repeal of certain laws and provisions) despite this section not being a provision mentioned in section 89 (12), definition of amending law.

Part 2Associations Incorporation Act 1991

  1. Offences against Act—application of Criminal Code etc
    Section 3A, note 1

    substitute

    Note 1Criminal Code

    The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

    ·     s 63B (Disqualification from office—disqualified under other legislation)

    ·     s 65 (Disclosure of material personal interest)

    ·     s 65A (Matter on which committee member has material personal interest)

    ·     s 74 (Review or audit of accounts).

    The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

  2. Section 4 heading

    substitute

  3. Pecuniary gain—interpretation

  4. Section 4

    omit

    trading or

  5. Section 4 (b)

    omit

  6. Section 11 heading

    substitute

  7. Copies of documents

  8. Section 11 (1) and notes

    substitute

    (1)If a person requests, the registrar must give the person—

    (a)a copy of, or an extract from, or a certified copy or certified extract from, any document lodged with the registrar-general under this Act or the repealed Act; and

    (b)if the person is a member of the committee or the public officer of an association—a certified copy of the certificate of incorporation of the association.

    Note 1A fee may be determined under s 125 for this provision.

    Note 2A person cannot request or obtain a copy of another person’s contact details that are contained in a lodged document if the other person has asked for their contact details to be kept confidential under s 13A.

  9. Section 13A

    substitute

13AContact details may be kept confidential

(1)This section applies to a document that is or has been lodged with the registrar-general under this Act.

(2)A person whose contact details are contained in the document may ask the registrar-general, in writing, to keep the person’s contact details confidential.

NoteIf a form is approved under s 126 (Approved forms) for a request, the form must be used.

(3)If a person makes a request under subsection (2), the registrar‑general must ensure that any document the subject of the request is made available for a request under section 11 only in a way that does not show the person’s contact details.

(4)However, a person who is the public officer of an incorporated association must have at least 1 address available for service of documents.

NoteA public officer’s address may be a residential, business or PO box address.

(5)In this section:

contact details, for a person, include the person’s address, email and telephone number.

  1. Sections 14 (2) and 15 (1)

    omit

    trading or

  2. Applications for incorporation
    Section 18 (1) (a), note

    substitute

    NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

  3. Corporate identity
    Section 22 (b)

    substitute

    (b)may have a common seal; and

  4. Amalgamation of incorporated associations
    Section 26 (2) (a), note

    substitute

    NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

  5. Copies of documents for members
    New section 35 (1) (d)

    insert

    (d)a summary of the minutes of a meeting of the committee.

  6. New section 35A

    in division 3.4, insert

35ACommittee may refuse access to documents

(1)The committee of an incorporated association may refuse to give a member of the association access to the following documents if satisfied that allowing access to the document would be prejudicial to the interests of the association:

(a)a document mentioned in section 35 (1);

(b)if the association’s rules allow a member access to other documents held by the association—those documents.

(2)The rules of an incorporated association may provide for the circumstances in which access to the documents is allowed or restricted, including requiring the member to state the purpose for requiring access to the document.

  1. Name on association’s documents etc
    Section 41 (a)

    after

    common seal

    insert

    (if any)

  2. Ratification of pre-incorporation contracts
    Section 43 (3) (b)

    after

    common seal

    insert

    (if any)

  3. Relationship between association and members
    Section 48

    omit

    and sealed

  4. Authentication and execution of documents
    Section 55 (1)

    after

    common seal

    insert

    (if any)

  5. Section 55 (2)

    substitute

    (2)An incorporated association may execute a document without using a common seal if the document is signed by 2 committee members of the association.

    (2A)An incorporated association may, by the signature of 2 committee members of the association, empower a person, either generally or in relation to a stated matter, as its agent or attorney, to execute deeds on its behalf.

    (2B)A deed signed by the agent or attorney on behalf of the association binds the association.

  6. Section 55 (4) (b)

    after

    common seal

    insert

    (if any)

  7. New section 55 (5)

    insert

    (5)In this section:

    officer does not include a person mentioned in the dictionary, definition of officer, paragraph (c).

  8. Validity of documents executed under common seal
    Section 56

    after 1st mention of

    common seal

    insert

    (if any)

  9. New division 4.1 heading

    insert

Division 4.1               Appointment of public officer and committee

  1. Notice of public officer’s appointment or change of address
    Section 59 (2), note

    substitute

    NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

  2. New section 59 (3)

    after the note, insert

    (3)This section does not apply to an incorporated association that is an ACNC registered entity.

  3. Notice of changes in committee
    Section 62 (2), note 2

    substitute

    Note 2A person may ask the registrar-general to keep their contact details (including address) confidential (see s 13A (2)).

  4. Vacancy in office of public officer
    Section 64 (2) (e)

    substitute

    (e)is not physically or mentally fit to exercise the functions of office; or

  5. Section 65

    substitute

64AResignation of committee member

A member of the committee of an incorporated association may resign as a committee member by written notice given to the public officer.

  1. Disclosure of material personal interest

    (1)If a member of the committee of an incorporated association has a material personal interest in a matter being considered at a committee meeting, the committee member must—

    (a)as soon as the member becomes aware of the interest, disclose the nature and extent of the interest to the committee; and

    (b)disclose the nature and extent of the interest at the next general meeting of the association.

    Maximum penalty:  20 penalty units.

    (2)Subsection (1) does not apply in relation to a material personal interest—

    (a)that exists only because the member—

    (i)is an employee of the incorporated association; or

    (ii)is a member of a class of people for whose benefit the association is established; or

    (b)that the member has in common with all, or a substantial proportion of, the members of the association.

    (3)Subsection (4) applies if a member of the committee of an incorporated association has an interest in a contract or proposed contract and the member—

    (a)is not required to disclose the interest because of subsection (2); or

    (b)discloses the interest in accordance with subsection (1) and has complied with section 65A (1).

    (4)For subsection (3)—

    (a)the contract is not liable to be avoided by the association on any ground arising from the fiduciary relationship between the member and the association; and

    (b)the member is not liable to account for profits derived from the contract.

    (5)A disclosure of a material personal interest required by subsection (1) must give details of—

    (a)the nature and extent of the interest; and

    (b)the relation of the interest to the activities of the incorporated association.

    (6)The details mentioned in subsection (5) must be recorded in the minutes of the committee meeting at which the disclosure is made.

65AMatter on which committee member has material personal interest

(1)A member of the committee of an incorporated association who has a material personal interest in a matter being considered at a committee meeting must not—

(a)be present while the matter is being considered at the meeting; or

(b)vote on the matter.

Maximum penalty:  20 penalty units.

(2)Subsection (1) does not apply in relation to a material personal interest—

(a)that exists only because the member belongs to a class of people for whose benefit the association is established; or

(b)that the member has in common with all, or a substantial proportion of, the members of the association.

(3)If there are not enough committee members to form a quorum to consider a matter because of subsection (1)—

(a)1 or more committee members (including those who have a material personal interest in the matter) may call a general meeting; and

(b)the general meeting may pass a resolution to deal with the matter.

65BDispute resolution procedure

(1)The rules of an incorporated association must set out a dispute resolution procedure for dealing with any dispute under this Act or the rules between—

(a)a member and another member; or

(b)a member and the association.

NoteAny power of an incorporated association to adjudicate a dispute under this section is subject to the rules of natural justice (see s 50).

(2)A member may appoint any person to act on behalf of the member in the dispute resolution procedure.

(3)In applying the dispute resolution procedure, the association must ensure that—

(a)each party to the dispute has been given an opportunity to be heard on the matter which is the subject of the dispute; and

(b)the outcome of the dispute is determined by an unbiased decision-maker; and

(c)the decision-maker notifies each party to the dispute, in writing, about the decision and gives reasons for the decision; and

(d)to the extent that doing so is compatible with paragraphs (a) to (c), the dispute resolution procedure is completed as soon as is reasonably practicable; and

(e)the dispute resolution procedure includes an appeal process.

(4)If a member has initiated a dispute resolution procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following people in relation to the matter which is the subject of the dispute resolution procedure until the dispute resolution procedure has been completed:

(a)the member who initiated the dispute resolution procedure (complainant member);

(b)a member of the association appointed by the complainant member under subsection (2) to act on behalf of the complainant member in the dispute resolution procedure.

65CDisciplinary action

(1)This section applies if an incorporated association proposes to take disciplinary action against a member in relation to that member’s status as a member of the association.

(2)Subject to subsections (3) and (4), the procedure (a disciplinary procedure) under which disciplinary action is taken must be in accordance with the procedure (if any) provided by the rules of the association.

(3)In applying the disciplinary procedure, the association must ensure that—

(a)the member who is the subject of the disciplinary procedure—

(i)is told the grounds upon which the disciplinary action against the member is proposed to be taken; and

(ii)has been given an opportunity to be heard in relation to the matter; and

(b)the outcome of the disciplinary procedure is decided by an unbiased decision-maker; and

(c)the decision-maker notifies the member, in writing, about the decision and gives reasons for the decision; and

(d)the disciplinary procedure includes an appeal process; and

(e)to the extent that doing so is compatible with paragraphs (a) to (d), the disciplinary procedure is completed as soon as is reasonably practicable.

(4)A member of an incorporated association who is the subject of a disciplinary procedure must not initiate a dispute resolution procedure in relation to the matter which is the subject of the disciplinary procedure until the disciplinary procedure has been completed.

  1. Information from officers
    Section 66, note

    substitute

    NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

  2. New division 4.2

    after section 66, insert

Division 4.2               Duties of officers

66ADuty of care and diligence

An officer of an incorporated association must exercise the officer’s functions and discharge the officer’s duties with the degree of care and diligence that a reasonable person would exercise if that person—

(a)were an officer of the association in the circumstances applying at the time of the exercise of the function or the discharge of the duty; and

(b)occupied the office held by, and had the same responsibilities within the association as, the officer.

66BDuty of good faith and proper purpose

An officer of an incorporated association must exercise the officer’s functions and discharge the officer’s duties—

(a)in good faith in the best interests of the association; and

(b)for a proper purpose.

66CUse of position

An officer of an incorporated association must not improperly use the officer’s position to—

(a)gain an advantage for the officer or another person; or

(b)cause detriment to the association.

66DUse of information

(1)This section applies if a person obtains information because the person is, or has been, an officer of an incorporated association.

(2)The person must not improperly use the information to—

(a)gain an advantage for the person or another person; or

(b)cause detriment to the association.

  1. New division 4.3 heading

    before section 67, insert

Division 4.3               Register of members

  1. Section 67

    substitute

  2. Register of members

    (1)An incorporated association must keep and maintain a register of members in accordance with this section.

    (2)The register of members must contain the following information about each person who is a member of the association:

    (a)the person’s name and contact details;

    (b)if applicable—the class of membership of the person;

    (c)the date the person became a member of the association;

    (d)anything required by the association’s rules;

    (e)anything else prescribed by regulation.

67AInspection of register of members

(1)A member of an incorporated association may apply to the committee of the association to allow the member to inspect the register of members.

(2)The committee must—

(a)allow the request; or

(b)refuse the request.

(3)The committee—

(a)must refuse the request to the extent that it would allow the member to access any personal information restricted under section 67B; and

(b)may refuse the request if satisfied that the member sought the inspection to use information on the register for a purpose that was—

(i)not directly related to the management or the purposes of the association; or

(ii)prohibited by the rules of the association; or

(iii)improper.

NoteA dispute may be dealt with under an incorporated association’s dispute resolution procedure (see s 65B).

(4)If the committee allows the request, the committee must make the register of members available for inspection by the member—

(a)at a reasonable time or any time stated for the purpose in the rules of the association; and

(b)at—

(i)the address of the public officer of the association; or

(ii)the registered office of the association (if any); or

(iii)another place in the ACT nominated by the committee.

(5)A regulation may provide for how the committee must deal with applications and make decisions under this section.

67BRestriction of access to personal information

(1)A member of an incorporated association may apply to the committee of the association to restrict access to personal information of the member recorded in the register of members.

(2)The application may seek to restrict access so that the personal information is available only to—

(a)the public officer; and

(b)members of the committee other than a stated member or stated members of the committee.

(3)The request may be made by—

(a)the person; or

(b)if the person is a child—a parent or guardian of the person.

(4)The committee must—

(a)if satisfied that there are special circumstances which justify doing so, agree to the request; or

(b)refuse the request.

(5)If the committee refuses the request, the committee must notify the person who made the request, in writing, about the decision and give reasons for the decision.

(6)If the committee refuses the request, the committee must not release the personal information without the consent of the person unless at least 28 days have passed since the committee gave notice to the person under subsection (5).

NoteA dispute may be dealt with under an incorporated association’s dispute resolution procedure (see s 65B).

(7)A regulation may provide for how the committee must deal with applications and make decisions under this section.

  1. New division 4.4 heading

    before section 68, insert

Division 4.4               General meetings

  1. Part 5 heading

    substitute

Part 5Record keeping and reporting

  1. New sections 70B and 70C

    insert

70BDefinitions—pt 5

In this part:

auditor, of an association’s statement of accounts, means a person who—

(a)is not a member or officer of the association; and

(b)has not prepared or assisted with the preparation of the accounts; and

(c)is either—

(i)registered as an auditor under the Corporations Act; or

(ii)a member of the Institute of Chartered Accountants in Australia, the Institute of Public Accountants, or CPA Australia.

large association, for a financial year, means an association that has a total revenue for the financial year of $1 000 000 or more.

medium association, for a financial year, means an association that has a total revenue for the financial year of $400 000 or more but less than $1 000 000.

required statement means a statement of accounts—

(a)for a small association—reviewed in accordance with section 75; or

(b)for a medium association—reviewed or audited in accordance with section 75; or

(c)for a large association—audited in accordance with section 76.

reviewer, of an association’s statement of accounts, means a person who—

(a)is not a member or officer of the association; and

(b)has not prepared or assisted with the preparation of the accounts.

small association, for a financial year, means an association that has a total revenue for the financial year of less than $400 000.

70CExemption from revenue thresholds

(1)For section 70B, definitions of large association, medium association and small association, the committee of an association may, for a financial year, ask in writing that the registrar‑general disregard the association’s revenue for the financial year.

(2)The registrar-general may agree to the committee’s request if the registrar‑general is satisfied special circumstances apply to the association for the financial year.

(3) If the registrar-general agrees to the committee’s request, the registrar-general—

(a)must state whether the association is taken to be a large, medium or small association for the financial year for this part; and

(b)may impose conditions on the association.

  1. Accounting records
    Section 71 (b) (ii)

    before

    audited

    insert

    reviewed or

  2. Presentation of statement to members
    Section 73 (1) (a)

    omit

    audited

    substitute

    required

  3. Section 73 (1) (b)

    before

    auditor’s

    insert

    reviewer’s or

  4. Section 73 (2)

    omit

    an association prescribed for section 76

    substitute

    a large association

  5. Sections 74 and 75

    substitute

  6. Review or audit of accounts

    (1)A medium and large association must appoint an auditor.

    Maximum penalty:  2 penalty units.

    (2)For each financial year, the committee of an incorporated association must take reasonable steps to ensure that the following is done at least 14 days before the association’s annual general meeting:

    (a)for a small association—the association’s accounts for the financial year are reviewed by a reviewer;

    (b)for a medium association—the association’s accounts for the financial year are reviewed or audited by an auditor;

    (c)for a large association—the association’s accounts for the financial year are audited by an auditor.

    Maximum penalty:  5 penalty units.

  7. Review reports

    (1)This section applies if—

    (a)a reviewer is used by a small association to review the association’s statement of accounts; or

    (b)an auditor is appointed by a medium association to review the association’s statement of accounts.

    (2)For a small association, a reviewer must—

    (a)undertake a review of the association’s accounting records; and

    (b)prepare a written report; and

    (c)state in the report whether, on the basis of the review, anything has come to the reviewer’s attention that causes the reviewer to believe that the accounting records do not satisfy the requirements of this part.

    (3)For a medium association, an auditor must—

    (a)undertake a review of the association’s accounting records in accordance with the auditing standards; and

    (b)prepare a written report in accordance with the auditing standards; and

    (c)state in the report—

    (i)whether, on the basis of the review, anything has come to the reviewer’s attention that causes the reviewer to believe that the accounting records do not satisfy the requirements of this part; and

    (ii)whether the reviewer has been given all information, explanation and assistance necessary for the conduct of the review; and

    (iii)whether the association has kept accounting records sufficient to enable a statement of the association’s accounts to be prepared and reviewed; and

    (iv)whether the association has kept other records as required by this Act.

    (4)In this section:

    auditing standard—see the Corporations Act, section 9.

  8. Section 76 heading

    substitute

  9. Audit reports

  10. Section 76 (1)

    substitute

    (1)This section applies if an auditor is appointed by a medium or large association to audit the association’s statement of accounts.

  11. Section 76 (2) and (3)

    omit

    An auditor

    substitute

    The auditor

  12. Section 76 (3) (a) (iii) and (b)

    omit

    proper

    substitute

    the

  13. Section 76 (5) and (7)

    omit

    An auditor

    substitute

    The auditor

  14. Section 76 (8) and (9)

    omit

    an auditor

    substitute

    the auditor

  15. Section 76 (10)

    substitute

    (10)In this section:

    accounting standard—see the Corporations Act, section 9.

  16. Section 77 heading

  17. Reviewer’s and auditor’s liability

  18. Section 77

    omit

    An auditor

    substitute

    A reviewer or auditor

  19. Section 77

    omit 2nd, 3rd and 4th  mentions of

    auditor

    substitute

    reviewer or auditor

  20. Annual returns
    Section 79 (1) (b)

    omit

    an audited

    substitute

    the required

  21. Section 79 (1) (c)

    before

    auditor’s

    insert

    reviewer’s or

  22. Section 79 (1) (e) (ii)

    substitute

    (ii)the reviewing or auditing of the accounts and the presentation of the required statement at the annual general meeting of the association;

  23. Winding-up by the court
    Section 90 (e)

    omit

    traded or

  24. Property of defunct association
    Section 92 (2) (b) and (c) (ii)

    omit

    trading or

  25. Cancellation of incorporation
    Section 93 (1) (f)

    omit

    an auditor

    substitute

    a reviewer or auditor

  26. Section 93 (1) (f)

    before

    auditor’s

    insert

    reviewer’s or

  27. Section 93 (1) (f)

    before 2nd mention of

    auditor

    insert

    reviewer or

  28. Section 109 heading

    substitute

  29. Offence—pecuniary gain

  30. Section 109 (1)

    omit

    trade or

  31. Matters to be provided for in rules other than model rules
    Schedule 1, new item 4A

    insert

4A dispute resolution

state the procedure for settling disputes under this Act or the rules between—

    (a)     the incorporated association and any of its members; or

    (b)     a member and any other member

  1. Schedule 1, item 5, column 3, new paragraph 2 (da)

    insert

    (da)     the resignation of a member of the committee;

  2. Schedule 1, item 9, column 3

    after

    common seal

    insert

    (if any)

  3. Schedule 1, new item 12

    insert

12 access to and copies of documents provide for members to access and obtain copies of documents of the association, including terms and conditions to restrict access
  1. Reviewable decisions
    Schedule 3, new items 4A and 4B

    insert

4A 70C (2) refuse application for exemption from revenue threshold applicant for exemption
4B 70C (3) impose conditions on exemption applicant for exemption
  1. Dictionary, note 2

    insert

    ·     disallowable instrument (see s 9)

    ·     entity

    ·     financial year

    ·     function

    ·     notifiable instrument (see s 10)

  2. Dictionary, new definitions

    insert

    auditor, of an association’s statement of accounts, for part 5 (Record keeping and reporting)—see section 70B.

    large association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

    medium association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

    register of members—means the register kept under section 67.

    required statement, for part 5 (Record keeping and reporting)—see section 70B.

    reviewer, of an association’s statement of accounts, for part 5 (Record keeping and reporting)—see section 70B.

    small association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

  3. Dictionary, definition of trade

    omit

Part 3Associations Incorporation Regulation 1991

  1. Sections 10, 12 and 13

    omit

Part 4Casino Control Act 2006

  1. Definitions—div 5.7
    Section 78, definition of document of identification

    substitute

    document of identification, for a person, means—

    (a)a document that—

    (i)is a driver licence, proof of identity card or passport; and

    (ii)contains a photograph that could reasonably be taken to be of the person; and

    (iii)indicates that the person to whom the document was issued is at least 18 years old; or

    (b)any other document prescribed by regulation.

    NoteA document may be in electronic form (see Legislation Act, dict, pt 1, def document).

Part 5Casino Control Regulation 2006

  1. New section 7A

    insert

7ADocument of identification—Act, s 78, def document of identification, par (b)

(1)An Australia Post Keypass ID is prescribed.

(2)In this section:

Australia Post Keypass ID, for a person, means identification issued by Australia Post that includes the following about the person:

(a)the name of the person;

(b)a photo of the person;

(c)the date of birth of the person.

NoteAn Australia Post Keypass ID may be in electronic form (see Legislation Act, dict, pt 1, def document).

Part 6Land Titles Act 1925

  1. When applicant is not original grantee or any transactions registered
    Section 22

    omit

    shall require notice of the application to be advertised in such newspapers as the registrar‑general thinks fit, and shall

    substitute

    must require public notice of the application to be given, and must

  2. Section 22, new note

    insert

    NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

  3. When evidence of title imperfect
    Section 23 (1)

    omit

    and to be advertised in such newspapers as he or she thinks fit, and to be published in the Commonwealth Gazette and in the London Gazette, and in the official Gazettes of each of the States, or in any 1 or more of those Gazettes, and the registrar-general shall determine the number of times and at what intervals the advertisements shall be published in each or any of the newspapers and Gazettes, and shall

    substitute

    and public notice of the application to be given and advertisements to be published in the official Gazettes of each of the States, at the times and intervals the registrar-general considers appropriate, and must

  1. Section 23 (1), new note

    insert

    NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

  2. Notice of application to be published
    New section 24 (3)

    after the note, insert

    (3)The registrar-general must give additional public notice of the notice of application.

    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 (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

  3. Memorial to be recorded on duplicate grant, certificate or instrument, unless dispensed with
    Section 50 (6)

    substitute

    (6)The party intending to register the dealing must also give additional public notice of the notice, as required (if at all) by the registrar‑general.

    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 (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

  4. Lost grant or certificate
    Section 62 (5)

    substitute

    (5)The registrar-general may, at least 14 days before issuing a new grant or certificate and at the expense of the applicant, give public notice of the registrar-general’s intention to issue the grant or certificate.

    NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

  5. Registrar-general may require map to be deposited
    Section 64 (1), note 2

    omit

  6. Section 64 (2) to (6) and (8)

    omit

  7. Application—how made effective
    Section 98 (3)

    substitute

    (3)The registrar-general must also give additional public notice of the offer.

    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 (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

  8. Dictionary, definition of daily newspaper

    omit

Part 7Liquor Act 2010

  1. Dictionary, note 2

    insert

    ·     document

  2. Dictionary, definition of identification document

    substitute

    identification document, for a person, means—

    (a)a document that—

    (i)is—

    (A)an Australian driver licence or foreign driver licence; or

    (B)a proof of identity card or interstate proof of identity card; or

    (C)a passport; and

    (ii)contains a photograph that could reasonably be taken to be the person; and

    (iii)states the person’s date of birth; or

    (b)any other document prescribed by regulation.

    NoteA document may be in electronic form (see Legislation Act, dict, pt 1, def document).

Part 8Liquor Regulation 2010

  1. New section 34

    insert

  2. Identification document—Act, dict, def identification document, par (b)

    (1)An Australia Post Keypass ID is prescribed.

    (2)In this section:

    Australia Post Keypass ID, for a person, means identification issued by Australia Post that includes the following about the person:

    (a)the name of the person;

    (b)a photo of the person;

    (c)the date of birth of the person.

    NoteAn Australia Post Keypass ID may be in electronic form (see Legislation Act, dict, pt 1, def document).

Part 9Nature Conservation Act 2014

  1. Definitions—pt 4.3
    Section 72A

    omit

  2. What is a key threatening processes list?
    Section 75, definition of key threatening processes list, paragraph (a)

    omit

    section 79A

    substitute

    section 76

  3. Key threatening processes list
    Section 79A

    relocate as section 76

  4. Sections 79B to 79H

    omit

  5. Nominations—scientific committee to carry out listing assessment
    New section 85 (5) and (6)

    insert

    (5)The scientific committee must give a listing assessment for an item to the Minister not later than 15 months after the end of the 4-week period, or public consultation period, mentioned in subsection (1).

    (6)However, the Minister may extend the time for giving the listing assessment under subsection (5).

  6. Minister to decide whether to include, transfer or omit item
    Section 87 (1)

    omit

    conservation advice

    substitute

    listing assessment

  7. Section 87 (2), note

    substitute

    NoteThe final version of the list is a notifiable instrument (see s 91).

  8. Sections 88 (2) (a), 89 (2) (a) and 90 (2) (a)

    omit

    conservation advice

    substitute

    listing assessment

  9. Minister may include or transfer nationally threatened items without nomination
    Section 90A (3) (b)

    substitute

    (b)consider any recommendations of the scientific committee.

  10. Sections 90C and 90D

    substitute

90CConservation advice

(1)The scientific committee must prepare an advice about each item included in a list (a conservation advice).

(2)However, the scientific committee need not prepare a conservation advice for an item if—

(a)the committee adopts an advice for the item under section 90E (Conservation advice—adopting advice for nationally threatened item); or

(b)the item is listed in a provisional category of a threatened native species list or a threatened ecological communities list.

NoteFor a nationally threatened item, an advice adopted under s 90E is the conservation advice.

(3)The conservation advice must—

(a)set out—

(i)the grounds on which the item is eligible to be included in, transferred within, or omitted from, the list; and

(ii)the main factors that make it eligible; and

(b)include anything else required to be included by a conservation advice guideline.

Note 1The conservation advice need not contain the precise location of a species or community (see s 363).

Note 2Eligibility for the threatened native species list is dealt with in s 64 and s 64A.

Eligibility for the threatened ecological communities list is dealt with in s 70.

Eligibility for the key threatening processes list is dealt with in s 77.

(4)A conservation advice, including a conservation advice adopted under section 90E, is a notifiable instrument.

Note 1A notifiable instrument must be notified under the Legislation Act.

Note 2The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).

(5)However, a conservation advice must be notified within 20 days after the following happens:

(a)the Minister makes a decision to include an item on a list or transfer an item within a list;

(b)the scientific committee amends the conservation advice.

(6)In this section:

conservation advice guidelines—see section 90B (1).

  1. Conservation advice—adopting advice for nationally threatened item
    Section 90E (2)

    omit

    Minister

    substitute

    scientific committee

  2. Section 90E (2)

    omit

    section 90C (2)

    substitute

    section 90C (3)

  3. Section 90E (3)

    omit

    Minister

    substitute

    scientific committee

  4. Conservation advice—scientific committee to review
    Section 90F (2)

    substitute

    (2)Following the review of the conservation advice, the scientific committee may make amendments to the advice.

  5. Minister may make minor amendments
    Section 94 (2) (b)

    substitute

    (b)need not comply with the requirements in section 84 (Nominations—public consultation) to section 90A (Minister may include or transfer nationally threatened items without nomination); and

  6. Minor amendment—including similar species
    Section 95 (2) and note

    substitute

    (2)In deciding whether a minor amendment is appropriate, the Minister must obtain and consider the advice of the scientific committee.

  7. Minor amendment—omitting similar species
    Section 96 (2) and note

    substitute

    (2)In deciding whether a minor amendment is appropriate, the Minister must obtain and consider the advice of the scientific committee.

  8. Dictionary, definition of listing assessment

    substitute

    listing assessment, for  part 4.4 (Including, transferring and omitting items in list)—see section 85 (2).

  9. Dictionary, definition of public consultation notice

    substitute

    public consultation notice, for a nomination, for part 4.4 (Including, transferring and omitting items in list)—see section 84 (1).

Part 10Planning and Development Act 2007

  1. Consideration of whether review of planning strategy necessary
    Section 110 (3)

    omit

    the Executive must

    substitute

    the Minister must

Part 11Sale of Motor Vehicles Act 1977

  1. Information to be recorded in dealings register
    Section 16 (4) and (5)

    omit

  2. Power to enter premises
    Section 70A (1) (b) (iii)

    omit

  3. Dictionary, definition of car market operator

    omit

  4. Dictionary, definition of dealer, paragraph (b) (iii)

    omit

  5. Dictionary, definition of wholesaler

    omit

    (other than car market operators’ licences)

Part 12Tobacco and Other Smoking Products Act 1927

  1. Supply of smoking product to under 18 year olds
    Section 14 (6)

    substitute

    (6)In this section:

    document of identification, of a person, means—

    (a)a document that—

    (i)is—

    (A)an Australian driver licence or foreign driver licence; or

    (B)a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State; or

    (C)a passport; and

    (ii)contains a photograph that could reasonably be taken to be the person; and

    (iii)indicates that the person to whom the document was issued is at least 18 years old; or

    (b)any other document prescribed by regulation.

    NoteA document may be in electronic form (see Legislation Act, dict, pt 1, def document).

    foreign driver licence means a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country.

  2. Dictionary, note 2

    insert

    ·     Australian driver licence

    ·     document

    ·     external territory

Part 13Traders (Licensing) Act 2016

  1. Meaning of trader
    Section 7 (a)

    omit

  2. Meaning of car market operator
    Section 8

    omit

  3. Definitions—pt 20
    Section 150, definition of operational Act licence, paragraph (a)

    omit

  4. Dictionary, definition of car market operator

    omit

Part 14Traders (Licensing) Regulation 2017

  1. Transferable licences—Act, s 24 (1)
    Section 10 (a)

    omit

  2. Notification of application in certain trader categories
    Section 11 (1) (a)

    omit

  3. Dictionary, note 3

    omit

    ·     car market operator (see s 8)


Schedule 1Other amendments

(see s 3)

Part 1.1Animal Diseases Act 2005

[1.1]Section 75 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.2]Section 75 (6)

omit

faxed

substitute

written

Part 1.2Building Act 2004

[1.3]Section 134G (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.4]Section 134G (6)

omit

faxed

substitute

written

Part 1.3Children and Young People Act 2008

[1.5]Section 688 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.6]Section 688 (6)

omit

faxed

substitute

written

[1.7]Section 825 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.8]Section 825 (6)

omit

faxed

substitute

written

Part 1.4Commercial Arbitration Act 2017

[1.9]Section 7 (8), definition of data message

omit

telegram, telex or telecopy

substitute

telegram or telecopy

Part 1.5Construction Occupations (Licensing) Act 2004

[1.10]Section 80CL (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.11]Section 80CL (6)

omit

faxed

substitute

written

Part 1.6Crimes Act 1900

[1.12]Sections 205 (1), (5) and 227 (5)

omit

telex,

Part 1.7Crimes (Forensic Procedures) Act 2000

[1.13]Sections 42 (3), 43 (2) and 44 (1)

omit

telex,

Part 1.8Dangerous Goods (Road Transport) Act 2009

[1.14]Section 91 (1)

substitute

(1)After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so.

[1.15]Section 91 (2)

omit

fax or email a copy

substitute

provide a written copy

[1.16]Section 91 (3)

omit

faxed or emailed copy

substitute

written copy

Part 1.9Dangerous Substances Act 2004

[1.17]Section 158 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.18]Section 158 (6)

omit

faxed

substitute

written

Part 1.10Drugs of Dependence Act 1989

[1.19]Section 193D (3)

omit

fax

substitute

by providing a written copy

Part 1.11Electoral Act 1992

[1.20]Section 167, definition of transmit

omit

by fax, telex

substitute

by fax

Part 1.12Electricity Safety Act 1971

[1.21]Section 47 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.22]Section 47 (6)

omit

facsimile warrant

substitute

written copy of the warrant

Part 1.13Fair Trading (Australian Consumer Law) Act 1992

[1.23]Section 42 (4)

omit

fax a copy

substitute

provide a written copy

[1.24]Section 42 (5)

omit

faxed

substitute

written

Part 1.14Firearms Act 1996

[1.25]Section 212 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.26]Section 212 (6)

omit

faxed

substitute

written

Part 1.15Fisheries Act 2000

[1.27]Section 58 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.28]Section 58 (6)

omit

facsimile warrant

substitute

written copy of the warrant

Part 1.16Food Act 2001

[1.29]Section 50 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.30]Section 50 (6)

omit

faxed

substitute

written

Part 1.17Gas Safety Act 2000

[1.31]Section 46 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.32]Section 46 (6)

omit

facsimile warrant

substitute

written copy of the warrant

Part 1.18Gene Technology Act 2003

[1.33]Section 174 heading

substitute

  1. Offence-related warrants by telephone, fax etc

[1.34]Section 174 (1)

omit

telex,

Part 1.19Gene Technology (GM Crop Moratorium) Act 2004

[1.35]Section 23 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.36]Section 23 (6)

omit

faxed

substitute

written

Part 1.20Hemp Fibre Industry Facilitation Act 2004

[1.37]Section 50 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.38]Section 50 (6)

omit

faxed

substitute

written

Part 1.21Heritage Act 2004

[1.39]Section 87 (4) and (5)

omit

give a copy

substitute

provide a written copy

[1.40]Section 87 (6)

before

copy

insert

written

Part 1.22Independent Competition and Regulatory Commission Act 1997

[1.41]Section 56

omit

telex,

Part 1.23Legal Profession Act 2006

[1.42]Section 536 (4)

substitute

(4)After issuing the warrant, the magistrate must immediately provide a written copy to the investigator if it is practicable to do so.

[1.43]Section 536 (5)

omit

fax a copy

substitute

provide a written copy

[1.44]Section 536 (6)

omit

faxed

substitute

written

Part 1.24Liquor Act 2010

[1.45]Section 160 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.46]Section 160 (6)

omit

faxed

substitute

written

Part 1.25Medicines, Poisons and Therapeutic Goods Act 2008

[1.47]Section 110 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.48]Section 110 (6)

omit

faxed

substitute

written

Part 1.26Nature Conservation Act 2014

[1.49]Section 346 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.50]Section 346 (6)

omit

faxed

substitute

written

Part 1.27Pest Plants and Animals Act 2005

[1.51]Section 39 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.52]Section 39 (6)

omit

faxed

substitute

written

Part 1.28Planning and Development Act 2007

[1.53]Section 399 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.54]Section 399 (6)

omit

faxed

substitute

written

[1.55]Sections 402I (1) and (2) and 402T (1) and (2)

omit

fax a copy

substitute

provide a written copy

Part 1.29Plant Diseases Act 2002

[1.56]Section 25 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.57]Section 25 (6)

omit

faxed

substitute

written

Part 1.30Public Health Act 1997

[1.58]Section 81 (1) and (5)

omit

telex,

Part 1.31Public Unleased Land Act 2013

[1.59]Section 113 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.60]Section 113 (6)

omit

faxed

substitute

written

Part 1.32Radiation Protection Act 2006

[1.61]Section 97 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.62]Section 97 (6)

omit

faxed

substitute

written

Part 1.33Road Transport (Third-Party Insurance) Act 2008

[1.63]Section 256 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.64]Section 256 (6)

omit

faxed

substitute

written

Part 1.34Sale of Motor Vehicles Act 1977

[1.65]Section 70H (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.66]Section 70H (6)

omit

faxed

substitute

written

Part 1.35Stock Act 2005

[1.67]Section 55 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.68]Section 55 (6)

omit

faxed

substitute

written

Part 1.36Tree Protection Act 2005

[1.69]Section 94 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.70]Section 94 (6)

omit

faxed

substitute

written

Part 1.37Utilities Act 2000

[1.71]Section 158 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.72]Section 158 (6)

omit

facsimile warrant

substitute

written copy of the warrant

Part 1.38Utilities (Technical Regulation) Act 2014

[1.73]Section 89 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.74]Section 89 (6)

omit

faxed

substitute

written

Part 1.39Waste Management and Resource Recovery Act 2016

[1.75]Section 85 (4) and (5)

omit

give a copy

substitute

provide a written copy

[1.76]Section 85 (6)

before

copy

insert

written

Part 1.40Water and Sewerage Act 2000

[1.77]Section 31 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.78]Section 31 (6)

omit

facsimile warrant

substitute

written copy of the warrant

Part 1.41Water Resources Act 2007

[1.79]Section 86 (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.80]Section 86 (6)

omit

faxed

substitute

written

Part 1.42Work Health and Safety Act 2011

[1.81]Section 167A (4) and (5)

omit

fax a copy

substitute

provide a written copy

[1.82]Section 167A (6)

omit

faxed

substitute

written

Schedule 2New Tobacco and Other Smoking Products Regulation

(see s 4)

Tobacco and Other Smoking Products Regulation 2018

Subordinate Law SL2018-

made under the

Tobacco and Other Smoking Products Act 1927

  1. Name of regulation

    This regulation is the Tobacco and Other Smoking Products Regulation 2018.

  2. Document of identification—Act, s 14 (6), def document of identification, par (b)

    (1)An Australia Post Keypass ID is prescribed.

    (2)In this section:

    Australia Post Keypass ID, for a person, means identification issued by Australia Post that includes the following about the person:

    (a)the name of the person;

    (b)a photo of the person;

    (c)the date of birth of the person.

    NoteAn Australia Post Keypass ID may be in electronic form (see Legislation Act, dict, pt 1, def document).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 23 August 2018.

  2. Notification

    Notified under the Legislation Act on 25 September 2018.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Red Tape Reduction Legislation Amendment Bill 2018, which was passed by the Legislative Assembly on 18 September 2018.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2018

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