Self-Government (Consequential Amendments) Act 1989 (ACT)
Self-Government (Consequential Amendments) Act 1989 (repealed)
A1989-38
Republication No 2
Effective: 22 December 2000
Republication date: 1 February 2011
As repealed by A2000-80 sch 4
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Self-Government (Consequential Amendments) Act 1989 (repealed) effective 22 December 2000.
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.
Self-Government (Consequential Amendments) act 1989
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Repealed by Act 2000 No 80 sch 4 (in force 21 December 2000)
TABLE OF PROVISIONS
Section
PART I—PRELIMINARY
1.Short title
2.Commencement
PART II—AMENDMENTS OF ACTS
Division 1—Administration and Probate Act 1975
3.Manner of distribution to the Territory
Division 2—Australian National University (Leases) Act 1967
4.Principal Act
5.Grant of leases to the University
6.Covenants and conditions
Division 3—Building Act 1972
7.Principal Act
8.Treatment and removal of loose asbestos by the Territory
9.Additional powers of the Territory
Liability of the Territory
Obstruction of the Territory
Division 4—Building (Amendment) Act (No. 3) 1988
Review by Tribunal
Division 5—Buildings (Design and Siting) Act 1964
Review of decisions
Division 6—Canberra College of Advanced Education (Leases)
Act 1977
Principal Act
Grant of leases to the College
Covenants and conditions
Division 7—Canberra Theatre Trust Act 1965
Right to occupy and use the Canberra Theatre Centre
Division 8—Children’s Services Act 1986
Administrative review
Division 9—Community and Health Service Act 1985
Insertion—
Division 6—Equal employment opportunity programs
69A.Interpretation
69B.Application
69C.Development, implementation and review of programs
Division 10—Education Act 1937
Educational trusts—transfer to Territory
Division 11—Electricity and Water Act 1988
Insertion—
PART IVA—EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS
32A.Interpretation
32B.Application
32C.Development, implementation and review of programs
Division 12—Lakes Act 1976
Rights in lake waters etc.
Division 13—Land Rent and Rates (Deferment and Remission)
Act 1970
Revocation of determinations on discharge of debt and on request
Division 14—Leases Act 1918
Long title
Division 15—Legal Aid Act 1977
Principal Act
Legal assistance—interests adverse to the Territory
Liabilities of the Commission and of the Territory
Division 16—Liquor Act 1975
Principal Act
Manual—delivery to Minister
Insertion—
20A.Publication, tabling and disallowance of Manual
Division 17—Magistrates Court (Civil Jurisdiction) Act 1982
Insertion—
307A.Rules of Court
Division 18—Milk Authority Act 1971
Payments to Territory
Division 19—Motor Traffic Act 1936
Principal Act
Rights sold by Territory
Liability of drivers of Territory and Commonwealth motor vehicles
Division 20—Parole Act 1976
Chief Minister may make arrangements with the State
Division 21—Pounds Act 1928
Driving charges etc. payable to Territory
Division 22—Public Baths and Public Bathing Act 1956
Protection to Territory, managers and other persons
Division 23—Real Property Act 1925
Principal Act
Right of Territory where determination is revoked and amount secured is not paid
Damages and costs to be paid by the Territory
Moneys paid by the Territory may be recovered against estate of deceased or bankrupt person
Territory only liable in certain cases
Division 24—Real Property (Conversion of Titles) Act 1967
Actions against the Territory and officers
Division 25—Recovery of Lands Act 1929
Notice by Territory or Minister
Division 26—Roads and Public Places Act 1937
Principal Act
Removal of objects by the Territory
Disposal of objects by the Territory
Division 27—Sewerage Rates Act 1968
Increased sewerage rates—residential units owned by the Territory
Division 28—Trespass on Commonwealth Lands Act 1932
Principal Act
Trespass on Territory land
Camping etc. on Territory land
Division 29—Unlawful Games Act 1984
Instruments or articles to be forfeited to Territory
Division 30—Venereal Diseases Act 1956
No action against Territory etc.
PART III—AMENDMENTS OF CONTINUED STATE
LAWS
Division 2—Dedication by User Limitation Act
1902 (N.S.W.)
No dedication of right-of-way against Territory or Commonwealth
Division 3—Dangerous Goods Regulation 1978 (N.S.W.)
Review
PART IV—AMENDMENTS OF TERRITORY
REGULATIONS
Division 1—Motor Omnibus Regulations
Application of Regulations to Territory and Commonwealth omnibuses
Division 2—Pounds Regulations
Payment of fees to Territory
PART V—OTHER AMENDMENTS
Acts
Continued State laws
Territory regulations
PART VI—REPEALS
Repeals
SCHEDULE 1
AMENDMENTS OF ACTS
SCHEDULE 2
AMENDMENTS OF CONTINUED STATE LAWS
SCHEDULE 3
AMENDMENTS OF TERRITORY REGULATIONS
SCHEDULE 4
REPEAL OF ORDINANCES
Self-Government (Consequential Amendments) act 1989
An Act to amend certain laws of the Territory consequent upon the establishment of the Territory as a body politic under the Crown and for other purposes
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Self-Government (Consequential Amendments) Act 1989.1
Commencement
2.1 (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
PART II—AMENDMENTS OF ACTS
Division 1—Administration and Probate Act 1975
Manner of distribution to the Territory
3. Section 49CA of the Administration and Probate Act 1975 is amended—
(a)by omitting “Commonwealth” (first occurring) and substituting “Territory”;
(b)by omitting from paragraph (a) “Commonwealth” and substituting “Territory”; and
(c)by omitting from subparagraphs (b) (i) and (ii) “Commonwealth” and substituting “Territory”.
Division 2—Australian National University (Leases) Act 1967
Principal Act
4. In this Division, “Principal Act” means the Australian National University (Leases) Act 1967.
Grant of leases to the University
5. Section 4 of the Principal Act is amended by omitting from subsection (2) “in perpetuity” and substituting “for a period of 999 years”.
Covenants and conditions
6. Section 5 of the Principal Act is amended by omitting “in perpetuity”.
Division 3—Building Act 1972
Principal Act
7. In this Division, “Principal Act” means the Building Act 1972.
Treatment and removal of loose asbestos by the Territory
8. Section 51A of the Principal Act is amended by omitting “Commonwealth” and substituting “Territory”.
Additional powers of the Territory
9. Section 51B of the Principal Act is amended by omitting “Commonwealth” and substituting “Territory”.
Liability of the Territory
10. Section 51G of the Principal Act is amended—
(a)by omitting “Commonwealth” (first occurring) and substituting “Territory”; and
(b)by omitting from paragraph (b) “Commonwealth” and substituting “Territory”.
Obstruction of the Territory
11. Section 51H of the Principal Act is amended—
(a)by omitting “Commonwealth” and substituting “Territory”; and
(b)by omitting “Commonwealth’s” and substituting “Territory’s”.
Division 4—Building (Amendment) Act (No. 3) 1988
Review by Tribunal
12. Section 11 of the Building (Amendment) Act (No. 3) 1988 is amended by amending new section 60 of the Building Act 1972—
(a)by omitting from subsection (1) “Administrative Appeals”;
(b)by omitting from paragraph (4) (a) “Administrative Appeals Tribunal Act 1975” and substituting “Administrative Appeals Tribunal Act 1989”;
(c)by omitting from paragraph (4) (a) “Administrative Appeals”;
(d)by omitting from paragraph (4) (b) “28 (4)” and substituting “26 (11)”; and
(e)by omitting from paragraph (4) (b) “28” (last occurring) and substituting “26”.
Division 5—Buildings (Design and Siting) Act 1964
Review of decisions
13. Section 11 of the Buildings (Design and Siting) Act 1964 is amended—
(a)by inserting in subsection (1) “Australian Capital Territory” before “Administrative”; and
(b)by omitting from subsection (2) “27 of the Administrative Appeals Tribunal Act 1975” and substituting “25 of the Administrative Appeals Tribunal Act 1989”.
Division 6—Canberra College of Advanced Education (Leases) Act 1977
Principal Act
14. In this Division, “Principal Act” means the Canberra College of Advanced Education (Leases) Act 1977.
Grant of leases to the College
15. Section 3 of the Principal Act is amended by omitting from subsection (2) “in perpetuity” and substituting “for a period of 999 years”.
Covenants and conditions
16. Section 4 of the Principal Act is amended by omitting “in perpetuity”.
Division 7—Canberra Theatre Trust Act 1965
Right to occupy and use the Canberra Theatre Centre
17. Section 19 of the Canberra Theatre Trust Act 1965 is amended—
(a)by omitting from subsection (1) “, on behalf of the Commonwealth,”; and
(b)by omitting “Commonwealth” (last occurring) and substituting “Territory”.
Division 8—Children’s Services Act 1986
Administrative review
18. Section 148 of the Children’s Services Act 1986 is amended by adding at the end the following subsection:
“(3) In this section, ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal.”.
Division 9—Community and Health Service Act 1985
Insertion
19. After section 69 of the Community and Health Service Act 1985 the following division is inserted in Part VII:
“Division 6—Equal employment opportunity programs
Interpretation
“69A. (1) In this Division, unless the contrary intention appears—
‘appropriate staff organisation’, in relation to an office, or to employment in a particular capacity, in the Service, means an organisation—
(a)that is an organisation within the meaning of the Industrial Relations Act 1988 of the Commonwealth;
(b)for membership of which the person holding that office or employed in that capacity would be eligible; and
(c)that is a party to an industrial award that applies in relation to the salary payable in respect of the office, or in respect of employment in that capacity, being an industrial award to which the Minister is also a party;
‘employment matters’, in relation to the Service, means—
(a)the selection of persons for appointment as officers in, or for engagement as temporary employees in relation to, the Service;
(b)the promotion and transfer of officers to offices in the Service;
(c)the transfer of temporary employees to positions in the Service;
(d)training and staff development for officers and temporary employees in the Service;
(e)conditions of service of officers and temporary employees in the Service; and
(f)any other matter related to the employment of officers and temporary employees in the Service;
‘equal employment opportunity program’, in relation to the Service, means a program designed to ensure that—
(a)appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters in the Service; and
(b)measures are taken to enable women and persons in designated groups to—
(i)compete, if they are officers, for promotion and transfer in the Service;
(ii)compete, if they are temporary employees, for transfer in the Service; and
(iii)pursue careers in the Service;
as effectively as other persons;
‘program’ includes—
(a)the particular objectives to be achieved by the program;
(b)the policies to be adopted, and the procedures to be followed, to achieve those objectives;
(c)the quantitative or other indicators against which the effectiveness of the program is to be assessed; and
(d)the allocation of staff and other resources to the task of giving effect to the program;
‘unjustified discrimination’ includes discrimination that is unlawful under the Racial Discrimination Act 1975 of the Commonwealth or the Sex Discrimination Act 1984 of the Commonwealth.
“(2) Without limiting the generality of the definition of ‘equal employment opportunity program’, an equal employment opportunity program for the Service shall include provision for action to be taken to—
(a)examine practices in relation to employment matters in the Service to identify—
(i)any practices that unjustifiably discriminate against women or persons in designated groups; and
(ii)any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;
(b)eliminate any practices, and eliminate or ameliorate any patterns, identified in pursuance of paragraph (a);
(c)inform officers and temporary employees of the Service, and appropriate staff organisations in relation to offices and employment in particular capacities in the Service, of the contents of the program and of the result of any review of the program under subsection 69C (1);
(d)collect and record information, including statistical information, relevant to the operation of the program;
(e)assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and
(f)give effect to any guidelines in force under subsection 69C (7).
Application
“69B. This Division applies in relation to the equal employment opportunity program for the Service in force immediately before self-government day as reviewed from time to time under subsection 69C (1).
Development, implementation and review of programs
“69C. (1) The General Manager shall—
(a)from time to time, after giving appropriate staff organisations in relation to offices and employment in particular capacities in the Service and such other persons as the General Manager considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the Service to be reviewed;
(b)cause to be prepared a written statement setting out the results of any review (including particulars of any alteration to be made to the program); and
(c)give a copy of the statement to the Head of Administration.
“(2) The General Manager shall take any action necessary to give effect to the equal employment opportunity program for the Service and any person who exercises powers in relation to employment matters in the Service shall have regard to the program in exercising those powers.
“(3) The Head of Administration may, by notice in writing to the General Manager, require the General Manager to give the Head of Administration, within the time specified in the notice, a written report in relation to the development, implementation or review of the equal employment opportunity program for the Service.
“(4) A notice under subsection (3) may specify the particular aspects of the equal employment opportunity program for the Service that are to be dealt with in the report.
“(5) Where the Head of Administration receives a statement under subsection (1) or a report under subsection (3), the Head of Administration, after considering the statement or report, may make recommendations to the General Manager on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the Service.
“(6) If the General Manager does not concur in or adopt a recommendation made by the Head of Administration under subsection (5) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the Service, the General Manager shall, within a reasonable time, inform the Minister, in writing, of his or her reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Head of Administration.
“(7) The Head of Administration may from time to time, by notice in writing to the General Manager, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the Service.
“(8) The Head of Administration shall, at least once in each year, prepare and furnish to the Chief Minister for presentation to the Legislative Assembly, a report concerning the operation of this section in relation to officers and temporary employees of the Service.”.
Division 10—Education Act 1937
Educational trusts—transfer to Territory
20. Section 35B of the Education Act 1937 is amended by omitting “Commonwealth” and substituting “Territory”.
Division 11—Electricity and Water Act 1988
Insertion
21. After Part IV of the Electricity and Water Act 1988 the following Part is inserted:
“PART IVA—EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS
Interpretation
“32A. (1) In this Part, unless the contrary intention appears—
‘appropriate staff organisation’, in relation to an office, or to employment in a particular capacity, in the Authority, means an organisation—
(a)that is an organisation within the meaning of the Industrial Relations Act 1988 of the Commonwealth;
(b)for membership of which the person holding that office or employed in that capacity would be eligible; and
(c)that is a party to an industrial award that applies in relation to the salary payable in respect of the office, or in respect of employment in that capacity, being an industrial award to which the Minister is also a party;
‘employment matters’, in relation to the Authority, means—
(a)the selection of persons for appointment as officers in, or for engagement as employees in relation to, the Authority;
(b)the promotion and transfer of officers to offices in the Authority;
(c)the transfer of employees to positions in the Authority;
(d)training and staff development for officers and employees in the Authority;
(e)conditions of service of officers and employees in the Authority; and
(f)any other matter related to the employment of officers and employees in the Authority;
‘equal employment opportunity program’, in relation to the Authority, means a program designed to ensure that—
(a)appropriate action is taken to eliminate unjustified discrimination again women and persons in designated groups in relation to employment matters in the Authority; and
(b)measures are taken to enable women and persons in designated groups to—
(i)compete, if they are officers, for promotion and transfer in the Authority;
(ii)compete, if they are employees, for transfer in the Authority; and
(iii)pursue careers in the Authority;
as effectively as other persons;
‘program’ includes—
(a)the particular objectives to be achieved by the program;
(b)the policies to be adopted, and the procedures to be followed, to achieve those objectives;
(c)the quantitative or other indicators against which the effectiveness of the program is to be assessed; and
(d)the allocation of staff and other resources to the task of giving effect to the program;
‘unjustified discrimination’ includes discrimination that is unlawful under the Racial Discrimination Act 1975 of the Commonwealth or the Sex Discrimination Act 1984 of the Commonwealth.
“(2) Without limiting the generality of the definition of ‘equal employment opportunity program’, an equal employment opportunity program for the Authority shall include provision for action to be taken to—
(a)examine practices in relation to employment matters in the Authority to identify—
(i)any practices that unjustifiably discriminate against women or persons in designated groups; and
(ii)any patterns (whether ascertained statistically or otherwise) of inequality of opportunity in respect of women or persons in designated groups;
(b)eliminate any practices, and eliminiate or ameliorate any patterns, identified in pursuance of paragraph (a);
(c)inform officers and employees of the Authority, and appropriate staff organisations in relation to offices and employment in particular capacities in the Authority, of the contents of the program and of the result of any review of the program under subsection 32C (1);
(d)collect and record information, including statistical information, relevant to the operation of the program;
(e)assess the effectiveness of the program by comparing information collected in relation to the results of the program with the indicators against which the effectiveness of the program is to be assessed; and
(f)give effect to any guidelines in force under subsection 32C (7).
Application
“32B. This Part applies in relation to the equal employment opportunity program for the Authority in force immediately before self-government day as reviewed from time to time under subsection 32C (1).
Development, implementation and review of programs
“32C. (1) The Chairperson shall—
(a)from time to time, after giving appropriate staff organisations in relation to offices and employment in particular capacities in the Authority and such other persons as the Chairperson considers appropriate an opportunity to put their views, cause the equal employment opportunity program for the Authority to be reviewed;
(b)cause to be prepared a written statement setting out the results of any review (including particulars of any alteration to be made to the program); and
(c)give a copy of the statement to the Head of Administration.
“(2) The Chairperson shall take any action necessary to give effect to the equal employment opportunity program for the Authority and any person who exercises powers in relation to employment matters in the Authority shall have regard to the program in exercising those powers.
“(3) The Head of Administration may, by notice in writing to the Chairperson, require the Chairperson to give the Head of Administration, within the time specified in the notice, a written report in relation to the development, implementation or review of the equal employment opportunity program for the Authority.
“(4) A notice under subsection (3) may specify the particular aspects of the equal employment opportunity program for the Authority that are to be dealt with in the report.
“(5) Where the Head of Administration receives a statement under subsection (1) or a report under subsection (3), the Head of Administration, after considering the statement or report, may make recommendations to the Chairperson on the action that should or could be taken to improve the effectiveness of the equal employment opportunity program for the Authority.
“(6) If the Chairperson does not concur in or adopt a recommendation made by the Head of Administration under subsection (5) on the action that should be taken to improve the effectiveness of the equal employment opportunity program for the Authority, the Chairperson shall, within a reasonable time, inform the Minister, in writing, of his or her reasons for not concurring in or adopting the recommendation and give a copy of a statement of those reasons to the Head of Administration.
“(7) The Head of Administration may from time to time, by notice in writing to the Chairperson, issue guidelines on the provisions to be made by, and the development, implementation and review of, equal employment opportunity programs for the Authority.
“(8) The Head of Administration shall, at least once in each year, prepare and furnish to the Chief Minister for presentation to the Legislative Assembly, a report concerning the operation of this section in relation to officers and employees of the Authority.”.
Division 12—Lakes Act 1976
Rights in lake waters etc.
22. Section 11 of the Lakes Act 1976 is amended by omitting from subsection (1) “Commonwealth” and substituting “Territory”.
Division 13—Land Rent and Rates (Deferment and Remission) Act 1970
Revocation of determinations on discharge of debt and on request
23. Section 9 of the Land Rent and Rates (Deferment and Remission) Act 1970 is amended by omitting from paragraph (a) “Commonwealth” (wherever occurring) and substituting “Territory”.
Division 14—Leases Act 1918
Long title
24. The title of the Leases Act 1918 is repealed and the following title substituted:
“An Act relating to the leasing of Territory Land”.
Division 15—Legal Aid Act 1977
Principal Act
25. In this Division, “Principal Act” means the Legal Aid Act 1977.
Legal assistance—interests adverse to the Territory
26. Section 29 of the Principal Act is amended—
(a)by omitting “Commonwealth” (wherever occurring) and substituting “Territory”; and
(b)by omitting “or a law of a Territory”.
Liabilities of the Commission and of the Territory
27. Section 91 of the Principal Act is amended by omitting from subsection (5) “Commonwealth” (wherever occurring) and substituting “Territory”.
Division 16—Liquor Act 1975
Principal Act
28. In this Division, “Principal Act” means the Liquor Act 1975.
Manual—delivery to Minister
29. Section 20 of the Principal Act is amended—
(a)by omitting from subsections (1) and (2) “and to the Speaker of the House of Assembly”; and
(b)by omitting subsections (3), (4) and (5).
Insertion
30. After section 20 of the Principal Act the following section is inserted:
Publication, tabling and disallowance of Manual
“20A. The Manual and each amendment are disallowable instruments for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Division 17—Magistrates Court (Civil Jurisdiction) Act 1982
Insertion
31. After section 307 of the Magistrates Court (Civil Jurisdiction) Act 1982 the following section is inserted:
Rules of Court
“307A. The Attorney-General may make rules, not inconsistent with the Workmen’s Compensation Act 1951, prescribing all matters which by that Act are required or permitted to be prescribed by Rules of Court, or which are necessary or convenient to be prescribed by Rules of Court for giving effect to that Act.”.
Division 18—Milk Authority Act 1971
Payments to Territory
32. Section 21C of the Milk Authority Act 1971 is amended by omitting from subsection (1) “Australia” and substituting “the Territory”.
Division 19—Motor Traffic Act 1936
Principal Act
33. In this Division, “Principal Act” means the Motor Traffic Act 1936.
Rights sold by Territory
34. Section 26L of the Principal Act is amended by omitting from subsection (1) “Commonwealth” and substituting “Territory”.
Liability of drivers of Territory and Commonwealth motor vehicles
35. Section 163 of the Principal Act is amended by inserting “Territory or” before “Commonwealth”.
Division 20—Parole Act 1976
Chief Minister may make arrangements with the State
36. Section 26 of the Parole Act 1976 is amended by omitting “Governor‑General” and substituting “Chief Minister”.
Division 21—Pounds Act 1928
Driving charges etc. payable to Territory
37. Section 13 of the Pounds Act 1928 is amended by omitting “Commonwealth” and substituting “Territory”.
Division 22—Public Baths and Public Bathing Act 1956
Protection to Territory, managers and other persons
38. Section 27 of the Public Baths and Public Bathing Act 1956 is amended by omitting “Commonwealth” and substituting “Territory”.
Division 23—Real Property Act 1925
Principal Act
39. In this Division, “Principal Act” means the Real Property Act 1925.
Right of Territory where determination is revoked and amount secured is not paid
40. Section 100A of the Principal Act is amended by omitting from paragraph (1) (b) “Commonwealth” and substituting “Territory”.
Damages and costs to be paid by the Territory
41. Section 144 of the Principal Act is amended by omitting “Commonwealth” (wherever occurring) and substituting “Territory”.
Moneys paid by the Territory may be recovered against estate of deceased or bankrupt person
42. Section 145 of the Principal Act is amended by omitting from subsection (1) “Commonwealth” (wherever occurring) and substituting “Territory”.
Territory only liable in certain cases
43. Section 147 of the Principal Act is amended by omitting “Commonwealth” and substituting “Territory”.
Division 24—Real Property (Conversion of Titles) Act 1967
Actions against the Territory and officers
44. Section 22 of the Real Property (Conversion of Titles) Act 1967 is amended by omitting from paragraph (1) (a) “Commonwealth” and substituting “Territory”.
Division 25—Recovery of Lands Act 1929
Notice by Territory or Minister
45. Section 10 of the Recovery of Lands Act 1929 is amended—
(a)by omitting “the Commonwealth or the Minister” (first and second occurring) and substituting “Territory on behalf of the Commonwealth or by the Minister”; and
(b)by omitting “Commonwealth” (third occurring) and substituting “Territory”.
Division 26—Roads and Public Places Act 1937
Principal Act
46. In this Division, “Principal Act” means the Roads and Public Places Act 1937.
Removal of objects by the Territory
47. Section 15N of the Principal Act is amended by omitting from paragraph (2) (b) “pays to the Commonwealth” and substituting “pays to the Territory”.
Disposal of objects by the Territory
48. Section 15P of the Principal Act is amended by omitting from paragraph (1) (a) “Commonwealth” and substituting “Territory”.
Division 27—Sewerage Rates Act 1968
Increased sewerage rates—residential units owned by the Territory
49. Section 12 of the Sewerage Rates Act 1968 is amended by omitting from subsection (1) “Commonwealth” and substituting “Territory”.
Division 28—Trespass on Commonwealth Lands Act 1932
Principal Act
50. In this Division, “Principal Act” means the Trespass on Commonwealth Lands Act 1932.
Trespass on Territory land
51. Section 4 of the Principal Act is amended by omitting from subsection (1) “any lands belonging to, or in occupation of, the Commonwealth” and substituting “unleased Territory Land or land occupied by the Territory”.
Camping etc. on Territory land
52. Section 8A of the Principal Act is amended by omitting from subsection (1) the definition of “unleased land” and substituting the following definition:
“ ‘unleased land’ means—
(a)unleased Territory Land; or
(b)land occupied by the Territory.”.
Division 29—Unlawful Games Act 1984
Instruments or articles to be forfeited to Territory
53. Section 9 of the Unlawful Games Act 1984 is amended by omitting “Commonwealth” and substituting “Territory”.
Division 30—Venereal Diseases Act 1956
No action against Territory etc.
54. Section 17 of the Venereal Diseases Act 1956 is amended by omitting “Australia”, “Governor-General” and “he” and substituting “the Territory”, “Executive” and “the Executive”, respectively.
PART III—AMENDMENTS OF CONTINUED STATE LAWS
Division 2—Dedication by User Limitation Act 1902 (N.S.W.)
No dedication of right-of-way against Territory or Commonwealth
56. Section 3 of the Dedication by User Limitation Act 1902 of the State of New South Wales in its application in the Territory is amended—
(a)by omitting paragraphs (a) and (b) and substituting the following paragraphs:
“(a)the Territory;
(b)the Commonwealth; or
(c)persons holding lands in trust for any public purpose;”; and
(b)by inserting “Territory or” before “Commonwealth” (last occurring).
Division 3—Dangerous Goods Regulation 1978 (N.S.W.)
Review
57. Subclauses 374 (1) and (2) of the Dangerous Goods Regulation 1978 of the State of New South Wales in its application in the Territory are amended by omitting “Administrative Appeals”.
PART IV—AMENDMENTS OF TERRITORY REGULATIONS
Division 1—Motor Omnibus Regulations
Application of Regulations to Territory and Commonwealth omnibuses
58. Regulation 3 of the Motor Omnibus Regulations is amended by inserting in subregulation (1) “Territory or” before “Commonwealth”.
Division 2—Pounds Regulations
Payment of fees to Territory
59. Regulation 19 of the Pounds Regulations is amended by omitting “Receiver of Public Moneys, Department of the Capital Territory” and substituting “Territory”.
PART V—OTHER AMENDMENTS
Acts
60. The Acts specified in Schedule 1 are amended as set out in that Schedule.
Continued State laws
61. The laws specified in Schedule 2 are amended as set out in that Schedule.
Territory regulations
62. The regulations specified in Schedule 3 are amended as set out in that Schedule.
PART VI—REPEALS
Repeals
63. The Ordinances specified in Schedule 4 are repealed.
SCHEDULES
SCHEDULE 1 Section 60
AMENDMENTS OF ACTS
A.C.T. Institute of Technical and Further Education Act 1987
Subsection 6 (4)—
(a)Omit “each House of the Parliament”, substitute “the Legislative Assembly”.
(b)Omit “of that House”.
Paragraph 7 (1) (h)—
Insert “Territory or” before “Commonwealth”.
Paragraph 8 (3) (b)—
(a)Omit “each House of Parliament”, substitute “the Legislative Assembly”.
(b)Omit “of that House”.
Paragraph 8 (5) (a)—
Insert “Territory or” before “Commonwealth”.
Paragraph 8 (5) (c)—
Omit “Treasurer”, substitute “Minister for the time being administering the Audit Act 1989”.
Paragraph 9 (3) (b)—
(a)Omit “each House of Parliament”, substitute “the Legislative Assembly”.
(b)Omit “of that House”.
Paragraph 10 (3) (b)—
(a)Omit “each House of Parliament”, substitute “the Legislative Assembly”.
(b)Omit “of that House”.
Paragraph 19 (1) (b)—
Omit “Commonwealth Teaching Service Act 1972”, substitute “Teaching Service Act 1972”.
Subsection 20 (1)—
Omit “Parliament”, substitute “Legislative Assembly”.
Subsection 20 (2)—
Omit “for Finance”.
Paragraph 24 (3) (a)—
Omit “Treasurer”, substitute “Minister for the time being administering the Audit Act 1989”.
Paragraph 24 (3) (b)—
Insert “Territory or” before “Commonwealth”.
Paragraph 24 (3) (e)—
Omit “Treasurer”, substitute “Minister for the time being administering the Audit Act 1989”.
Sections 25, 26 and 27—
Repeal the sections, substitute the following section:
Borrowings
“25. (1) The Institute may borrow money subject to Part VII of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
“(2) In subsection (1), ‘borrow’ has the same meaning as in the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.”.
Paragraph 28 (a)—
Omit “under section 26”.
Paragraph 28 (c)—
Omit “under section 27”.
Section 29—
Repeal the section.
Paragraph 33 (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 33 (2) (b)—
(a)Omit “subsection 28 (4)”, substitute “subsection 26 (11)”.
(b)Omit “section 28”, substitute “section 26”.
Subsection 35 (1)—
Omit “Minister”, substitute “Executive”.
Administration and Probate Act 1929
Subsection 107 (1A)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 107 (1B)—
Omit “Commonwealth”, substitute “Territory”.
Sixth Schedule, Part II, Item 4—
Omit “Commonwealth”, substitute “Territory”.
Administrative Appeals Tribunal Act 1989
Section 64—
Omit “Minister”, substitute “Executive”.
Adoption of Children Act 1965
Subsection 23 (1)—
Omit “Attorney-General”, substitute “Minister”.
Paragraph 44 (3) (a)—
Omit “Attorney-General”, substitute “Minister”.
Subsection 44 (5)—
(a)Omit “in right of the Commonwealth”.
(b)Omit “Attorney-General”, substitute “Minister”.
Section 55—
Omit “Attorney-General” (wherever occurring), substitute “Minister”.
Section 64B—
(a)Omit “Commonwealth”, substitute “Territory”.
(b)Omit “Minister”, substitute “Executive”.
Section 65—
Omit “Minister”, substitute “Executive”.
Agents Act 1968
Subsection 3 (2)—
Omit “notice in the Gazette”, substitute “instrument”.
Subsections 3 (3), (4), (5) and (6)—
Omit the subsections, substitute the following subsection:
“(3) An instrument made under subsection (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Subsection 5 (1) (definition of “departmental member”)—
Omit the definition.
Subsection 5 (1)—
Insert the following definition:
“ ‘public service member’ means the member of the Board referred to in paragraph 9 (1) (a), or, if a person has been appointed to act in the place of that member, that person;”.
Subsection 6 (1)—
Omit “an officer of the Department”, substitute “a public servant”.
Paragraph 9 (1) (a)—
Omit the paragraph, substitute the following paragraph:
“(a)1 shall be a public servant; and”
Subsections 9 (3), (4) and (5)—
Omit “departmental”, substitute “public service”.
Sections 14—
Omit “departmental”, substitute “public service”.
Subsections 15 (2)—
Omit all the words after “place of the”, substitute “public service member unless he or she is a public servant.”.
Subsection 19A (3)—
Omit “Commonwealth”, substitute “Territory”.
Subparagraphs 48 (1) (e) (i) and 49 (1) (i) (i)—
(a)Omit “Secretary” (wherever occurring), substitute “administrative head”.
(b)Omit “to the Department”.
Paragraph 49 (1) (i)—
Omit “(i)” (first occurring), substitute “(j)”.
Paragraphs 87 (1) (a) and (b)—
Omit “Commonwealth”, substitute “Territory”.
Subsections 87 (2) and (3)—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Subsection 87 (4)—
Omit the subsection.
Subsection 88 (8)—
Omit “Attorney-General”, substitute “Minister”.
Paragraph 96 (2) (a)—
Omit “an officer of the Department”, substitute “public servant”.
Paragraph 96 (2) (b)—
Omit “Commonwealth”, substitute “Territory”.
Before section 98—
Insert the following section in Part XII:
Interpretation
“97A. In this Part, ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal.”.
Subsections 98 (1) and (2)—
Omit “Administrative Appeals”.
Paragraph 98A (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 98A (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 122—
Omit “Minister”, substitute “Executive”.
Air Pollution Act 1984
Section 4 (definition of “Tribunal”)—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 10 (1)—
Omit “, delegate to an officer or employee within the meaning of the Public Service Act 1922 any of his”, substitute “or her, delegate to a public servant any of the Authority’s”.
Paragraph 45 (1) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 45 (1) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Subsection 49 (1)—
Omit “Minister”, substitute “Executive”.
Amendments Incorporation Act 1929
Section 5—
Omit all the words after “inclusion”, substitute “of the enacting words or the dates or signatures (if any) accompanying those words.”.
Annual Holidays Act 1973
Subsection 2 (1) (definition of “authorized officer”)—
Omit “person who is an officer within the meaning of the Public Service Act 1922-1973 and”, substitute “public servant”.
Sections 16—
Omit “Minister”, substitute “Executive”.
Apiaries Act 1928
Section 19—
Omit “Minister”, substitute “Executive”.
Architects Act 1959
Subsection 5 (3)—
Omit “Minister of State for Finance”, substitute “Executive”.
Subsection 13A (2)—
Omit “an officer of the Department of the Capital Territory”, substitute “a public servant”.
Subsection 23 (4)—
Omit “Attorney-General”, substitute “Minister”.
Paragraph 37 (2) (a)—
Omit “an officer of the Department of the Interior”, substitute “a public servant”.
Paragraph 37 (2) (b)—
Omit “Commonwealth”, substitute “Territory”.
Section 40—
Omit “Minister”, substitute “Executive”.
Associations Incorporation Act 1953
Section 25—
Omit “Minister”, substitute “Executive”.
Auctioneers Act 1959
Paragraph 4 (2) (b)—
Omit “Commonwealth”, substitute “Territory”.
Section 18—
Omit “Minister”, substitute “Executive”.
Audit Act 1989
Subsection 125 (1)—
Omit “Minister”, substitute “Executive”.
Australian Capital Territory Gaming and Liquor Authority Act 1987
Subsection 8 (1)—
Omit “an officer of the Australian Public Service”, substitute “a public servant”.
Subsection 17 (3)—
Omit “Public Service Board”, substitute “Minister”.
Subsection 18 (1)—
Omit all the words after “shall be”, substitute “public servants”.
Subsection 18 (3)—
Omit “Public Service Board”, substitute “Minister”.
Subsection 18 (4)—
Omit “for Finance”.
Paragraph 19 (1) (a)—
Omit “, in consultation with the Minister for Finance,”.
Paragraph 19 (1) (b)—
(a)Omit “for Finance”.
(b)Omit “Parliament”, substitute “Legislative Assembly”.
Paragraph 19 (1) (e)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 19 (2)—
(a)Omit “Commonwealth”, substitute “Territory”.
(b)Omit “, in consultation with the Minister for Finance,”.
Subsections 20 (1), (2) and (3)—
Omit the subsections, substitute the following subsections:
“(1) The Authority may, subject to Part VII of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, borrow money.
“(2) The Authority shall not borrow money without the approval of the Minister.”.
Subsection 20 (4)—
Omit all the words from and including “Notwithstanding” to and including “from:”, substitute “The Authority shall not borrow money from—”.
Subsection 20 (5)—
Omit all the words after “assets”, substitute “for the repayment by the Authority of money borrowed by virtue of subsection (1) and the payment by the Authority of interest on money so borrowed.”.
Subsection 20 (6)—
Omit “moneys, or raise moneys otherwise than by borrowing,”, substitute “money”.
Subsection 20 (7)—
Omit the subsection, substitute the following subsection:
“(7) In this section—
‘borrow’ has the same meaning as in the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth;
‘related corporation’ has the same meaning as in the Companies Act 1981 of the Commonwealth.”.
Section 24—
Omit “Minister”, substitute “Executive”.
Section 32—
(a)Omit “Australian Government Solicitor” (first and second occurring), substitute “Minister”.
(b)Omit “or by an officer of the Attorney-General’s Department authorised by the Australian Government Solicitor”.
Australian National University (Leases) Act 1967
Long title—
Omit the title, substitute the following title:
“An Act relating to the grant of leases to the Australian National University”.
Betting (Totalizator Agency) Act 1964
Section 4 (definition of “Secretary”)—
Omit the definition.
Subsection 28 (1)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 28 (2)—
Omit the subsection.
Paragraph 35E (1) (b)—
Omit the paragraph, substitute the following paragraph:
“(b)a public servant nominated by the administrative head; and”.
Paragraph 35L (2) (f)—
Omit “Secretary”, substitute “administrative head”.
Birth (Equality of Status) Act 1988
Section 22—
Omit “Minister”, substitute “Executive”.
Blood Donation (Acquired Immune Deficiency Syndrome) Act 1985
Subsections 5 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) An instrument under paragraph (1) (a) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Bookmakers Act 1985
Section 3 (definition of “Tribunal”)—
Insert “Australian Capital Territory” before “Administrative”.
Paragraph 9 (1) (a)—
Omit the paragraph, substitute the following paragraph:
“(a)1 shall be a public servant;”.
Subsection 29 (1)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 30 (5)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 51 (2)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunals Act 1989”.
Section 56—
Omit “Minister”, substitute “Executive”.
Building Act 1972
Subsection 5 (1) (paragraph (d) of the definition of “owner”)—
Insert “the Territory or” before “the Commonwealth”.
Subsection 5 (1)—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Subsection 6 (3)—
Omit all the words after “building”, substitute “by the Territory or the Commonwealth”.
Paragraph 24 (2) (b)—
Omit the paragraph, substitute the following paragraph:
“(b)a public servant;”.
Subsection 31A (1)—
Omit “Administrative Appeals”.
Paragraph 31A (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 31A (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “(28)” (last occurring), substitute “(26)”.
Subsection 31A (4)—
Omit “27 of the Administrative Appeals Tribunal Act 1975”, substitute “25 of the Administrative Appeals Tribunal Act 1989”.
Section 51C—
Omit “Commonwealth” (first occurring), substitute “Territory”.
Paragraph 51C (g)—
Omit “an officer or employee of the Commonwealth”, substitute “a public servant”.
Subsections 51F (1) and (2)—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Paragraph 58B (a)—
(a)Insert “the Territory or” before “the Commonwealth”.
(b)Omit “An Act or an Act”, substitute “a Territory or Commonwealth Act”.
Section 61A—
Omit “Administrative Appeals”.
Paragraph 61B (3) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 61B (3) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Subsection 63A (2)—
Omit “Commonwealth”, substitute “Territory”.
Section 67—
Omit “Minister”, substitute “Executive”.
Building and Services Act 1924
Section 3E—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Section 3G—
(a)Omit “Commonwealth”, substitute “Territory”.
(b)Omit “Minister”, substitute “Executive”.
Subsection 4 (1)—
Omit “Minister”, substitute “Executive”.
Paragraph 4 (1) (b)—
Omit “Commonwealth in the”.
Buildings (Design and Siting) Act 1964
Subsection 4 (2)—
Insert “the Territory or” before “the Commonwealth”.
Subparagraph 8 (b) (i)—
Insert “the Territory or” before “the Commonwealth”.
Subsection 9 (1)—
Insert “the Territory or” before “the Commonwealth”.
Paragraph 10 (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 10 (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 14—
Omit “Minister”, substitute “Executive”.
Business Franchise (Tobacco and Petroleum Products) Act 1984
Paragraph 37 (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 37 (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 38—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 41 (4)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 45 (1)—
Omit “Minister”, substitute “Executive”.
Business Names Act 1963
Section 33—
Omit “Minister”, substitute “Executive”.
Canberra College of Advanced Education (Leases) Act 1977
Long title—
Omit the title, substitute the following title:
“An Act relating to the grant of leases to the Canberra College of Advanced Education”.
Canberra Theatre Trust Act 1965
Section 3 (definition of “approved bank”)—
Omit “Treasurer”, substitute “Minister”.
Section 5—
Omit all the words after “agent of”, substitute “the Territory”.
Subsection 23 (6)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 25 (1)—
Omit the subsection, substitute the following subsection:
“(1) The Trust may, subject to Part VII of the Australian Capital Territory Self-Government Act 1988 of the Commonwealth, borrow money from an approved bank.”.
After subsection 25 (3)—
Insert the following subsection:
“(4) In this section, ‘borrow’ has the same meaning as in the Australian Capital Territory Self-Government Act 1988 of the Commonwealth.”.
Careless Use of Fire Act 1936
Section 8—
Omit “Commonwealth”, substitute “Territory”.
Subsections 12 (1) and (2)—
Omit “Commonwealth”, substitute “Territory”.
Section 13—
Omit “officer, employee, servant or agent of the Commonwealth”, substitute “public servant or other person”.
Subsection 14 (1)—
Omit “Commonwealth”, substitute “Territory”.
Section 17—
Omit “Minister”, substitute “Executive”.
Casino Control Act 1988
Subsections 8 (3) and 11 (2)—
Omit all the words after “person is” (last occurring), substitute “a public servant”.
Section 19—
Omit “subsection (2)”, substitute “subsection 18 (4)”.
Section 21—
Omit “both Houses of the Parliament”, substitute “the Legislative Assembly”.
Paragraph 48 (1) (d)—
Insert “of the Commonwealth” after “Treasurer”.
Section 126—
Insert “Australian Capital Territory” before “Administrative”.
Paragraph 127 (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 127 (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Subsection 133 (1)—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Commonwealth” and substituting “Territory”:
Subsection 3 (1) (paragraph (f) of the definition of “authorised person”), subsection 16 (3), paragraph 17 (b), subsection 47 (2), paragraphs 57 (c) and 75 (1) (c), subsection 87 (3), subparagraph 109 (1) (b) (ii) and subsection 109 (2).
Cemeteries Act 1933
Subsection 4 (1)—
Add at the end “that is not National Land”.
Paragraph 20 (a)—
(a)Omit “of State for Finance”.
(b)Omit “Parliament”, substitute “Legislative Assembly”.
Section 23—
Omit “Minister”, substitute “Executive”.
Children’s Services Act 1986
Subsection 7 (2)—
Omit all the words after “he or she is”, substitute “a public servant”.
Paragraph 13 (2) (f)—
Omit the paragraph.
Subsection 15 (3)—
Omit all the words after “before” (first occurring), substitute “the Legislative Assembly within 15 sitting days after its receipt by the Minister.”.
Subsection 19 (1)—
Omit “an officer or employee within the meaning of the Public Service Act 1922”, substitute “a public servant”.
Subsection 37 (5)—
Insert “of the Territory,” after “law”.
Paragraph 117 (3) (b)—
Omit “Department”, substitute “administrative head”.
Subsections 119 (5), (6) and (7)—
Omit the subsections, substitute the following subsection:
“(5) An instrument made under this section is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Section 132—
Omit all the words after “notice” (last occurring), substitute “to the administrative head”.
Subsection 133 (6)—
Omit all the words after “consent” (last occurring), substitute “to the administrative head”.
Subsection 155 (2)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative Appeals”.
Subsection 176 (2)—
Omit “each House of Parliament”, substitute “the Legislative Assembly”.
Subsection 177 (1)—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Commonwealth” (wherever occurring) and substituting “Territory”:
Paragraphs 59 (2) (a), (3) (a), (b) and (c) and (5) (a), subsection 59 (5), paragraph 99 (3) (b) and subsection 116 (7).
Chiropractors Registration Act 1983
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal”.
Subsection 57 (2)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Section 58—
Omit “Capital Territory Health Commission”, substitute “Australian Capital Territory Community and Health Service”.
Section 69—
Omit “Minister”, substitute “Executive”.
Church Land Leases Act 1924
Subsection 3 (1)—
Insert “, on behalf of the Commonwealth,” after “may”.
Section 5—
Omit “in perpetuity”, substitute “for a period of 999 years”.
Subsection 7A (1)—
(a)Omit “Commonwealth may”, substitute “Territory may, on behalf of the Commonwealth,”.
(b)Omit “Commonwealth” (last occurring), substitute “Territory, on behalf of the Commonwealth,”.
City Area Leases Act 1936
Subsection 3 (1) (definition of “the Secretary”)—
Omit the definition.
Subsection 3 (1)—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal”.
Subsection 3 (2)—
Insert “the Territory or” before “the Commonwealth” (wherever occurring).
Subsection 4 (1)—
Omit “land the property of the Commonwealth”, substitute “Territory Land”.
Subsection 11A (11)—
Omit all the words after “effected”, substitute “by serving the document on the administrative head”.
Subsection 11B (1)—
Omit “Administrative Appeals”.
Subsection 11B (2)—
(a)Omit “29 of the Administrative Appeals Tribunal Act 1975”, substitute “27 of the Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Subsections 12A (1) and (2)—
Insert “on behalf of the Commonwealth,” after “offering,”.
Paragraph 12A (4) (b)—
Omit “Commonwealth may”, substitute “Territory may, on behalf of the Commonwealth,”.
Subsection 13 (2)—
Insert “, on behalf of the Commonwealth,” after “may”.
Paragraphs 13 (5) (b) and (13) (d)—
Omit “Commonwealth,” substitute “Territory, on behalf of the Commonwealth,”.
Subsection 13 (13)—
Omit “Commonwealth” (first occurring), substitute “Territory”.
Subsection 13 (13B)—
Omit “Commonwealth”, substitute “Territory, on behalf of the Commonwealth,”.
Paragraph 14 (3) (b)—
Omit “Commonwealth”, substitute “Territory, on behalf of the Commonwealth,”.
Paragraph 14 (9) (d)—
Omit “Commonwealth”, substitute “Territory, on behalf of the Commonwealth,”.
Section 15—
Insert “on behalf of the Commonwealth,” after “may,”.
Subsection 17 (1)—
Insert “, on behalf of the Commonwealth,” after “may”.
Subsection 17A (7)—
Insert “, on behalf of the Commonwealth,” after “Minister”.
Subsection 17B (1)—
Insert “, on behalf of the Commonwealth” after “notice” (last occurring).
Paragraph 17B (2) (f)—
Insert “the Territory in the name of” before “the Commonwealth”.
Subsection 18B (1)—
Omit “post to or lodge with the Secretary”, substitute “serve on the administrative head”.
Subsection 18B (5)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Subsection 18B (7)—
Omit “Administrative Appeals”.
Subsection 19A (5) (definition of “improvements”)—
Omit “the Commonwealth unless the Commonwealth”, substitute “the Territory or the Commonwealth unless the Territory or the Commonwealth, as the case requires,”.
Subsection 20 (5)—
Omit “Administrative Appeals”.
Paragraph 20 (6) (b)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Subsection 22 (1)—
Omit “Commonwealth” (wherever occurring), substitute “Territory, on behalf of the Commonwealth,”.
Paragraph 28A (3) (a)—
Omit “Commonwealth” (last occurring), substitute “Territory”.
Subsection 28A (4)—
(a)Insert “the Territory on behalf of” before “the Commonwealth” (first occurring).
(b)Omit “Commonwealth” (last occurring), substitute “Territory”.
Paragraph 28B (7) (c)—
Omit the paragraph, substitute the following paragraph:
“(c)be served on the administrative head”.
Paragraph 30A (1) (b)—
Omit “held from the Commonwealth”.
Subsection 30A (6)—
Omit the subsection, substitute the following subsection:
“(6) This section binds the Crown in its capacity as a sub-lessee.”.
Subsection 31 (6)—
Omit the subsection, substitute the following subsections:
“(6) Proceedings under subsection (5) may be commenced at any time within 6 months after the commencement of the erection of the fence.
“(7) Subsection (5) applies only where both parcels of land are leased at the time of the commencement of the erection of the fence.”.
Subsections 31 (7), (8), (9) and (10)—
Omit the subsections.
Section 37—
Repeal the section, substitute the following section:
Application of Leases Act 1918
“37. The Leases Act 1918, other than section 2A of that Act, shall not apply to any land included in a lease under this Act or any repealed Act.”.
Section 38—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Commonwealth” (wherever occurring) and substituting “Territory”:
Paragraph 11A (8) (a), subsection 11A (9B), paragraphs 11A (9E) (b) and 11C (1) (b), subsection 13 (10), paragraph 13 (13) (c), subsections 13 (13A) and (13C), subparagraph 13 (13D) (b) (ii), subsections 13 (13E) and 14 (6), paragraphs 14 (7) (a) and (b) and 14 (9) (a), (b) and (c), subsection 14 (13), paragraphs 17A (3) (a) and (b), subsections 17B (6), 18 (4), 19 (6A), 19AA (3) and 19A (1), (2), (3) and (4) and paragraphs 28DA (3) (b) and 38 (g).
Collections Act 1959
Section 11—
Omit “Minister”, substitute “Executive”.
Commercial Arbitration Act 1986
Section 5—
Omit “Commonwealth”, substitute “Territory”.
Section 58—
Omit “Minister”, substitute “Executive”.
Community and Health Service Act 1985
Paragraph 6 (2) (o)—
Insert “the Territory or” before “the Commonwealth”.
Paragraph 7 (1) (d)—
Insert “the Territory or” before “the Commonwealth”.
Paragraph 7 (1) (h)—
Insert “the Territory,” before “the Commonwealth,”.
Paragraph 48 (1) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 48 (1) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 49—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 50 (1)—
Omit “Conciliation and Arbitration Act 1904”, substitute “Industrial Relations Act 1988 of the Commonwealth”.
Paragraph 70 (a)—
Omit “Parliament”, substitute “Legislative Assembly”.
Section 85—
Omit “Minister”, substitute “Executive”.
Community Development Fund Act 1981
Subsection 3 (1) (definition of “fund”)—
Omit all the words after “Fund”, substitute “Trust Account”.
Subsection 5 (3)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 7 (4)—
Omit the subsection.
Paragraph 7 (6) (d)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 7 (8)—
Omit “Commonwealth”, substitute “Territory”.
Section 8—
Omit “to the Commonwealth for the purpose of”, substitute “into”.
Section 9—
Repeal the section.
Consumer Affairs Act 1973
Subsection 3 (1) (definition of “Legislative Assembly”)—
Omit the definition.
Subsection 3 (1)—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administative Appeals Tribunal.”.
Subsection 5 (1)—
Omit all the words after “consumers”.
Subsection 5 (3)—
Omit all the words after “shall be a”, substitute “public servant”.
Subsection 8 (4)—
Omit the subsection.
Subsection 12 (3)—
Omit “an officer of the Department of the Capital Territory”, substitute “a public servant”.
Section 13—
Omit “an officer of the Department of the Capital Territory”, substitute “a public servant”.
Paragraph 15 (3) (a)—
Omit the paragraph, substitute the following paragraphs:
“(a)a public servant;
(ab)an officer of a body established by or under a law of the Territory;
(ac)an organisation or corporation, wherever situated, that is concerned with the interests of consumers;”.
Subsection 15F (12)—
Omit “Commonwealth”, substitute “Territory”.
Subparagraph 15FA (3) (a) (i)—
Omit the subparagraph, substitute the following subparagraphs:
“(i)a public servant;
(ia)an officer of a body established by or under a law of the Territory;
(ib)an organisation or corporation, wherever situated, that is concerned with the interests of consumers;”.
Subsection 15FJ (5)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Subsections 15FK (1) and (2)—
Omit “Administrative Appeals” (last occurring).
Subsection 17 (2)—
Omit “the last preceding sub-section to be laid before each House of the Parliament”, substitute “subsection (1) to be laid before the Legislative Assembly”.
Section 18—
Omit “Minister”, substitute “Executive”.
Co-operative Societies Act 1939
Subsection 14ABA (1)—
Omit “notice published in the Gazette”, substitute “instrument”.
Subsections 14ABA (2), (3), (4) and (5)—
Omit the subsections, substitute the following subsection:
“(2) An instrument made under this section is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Subsections 17 (3) and (3A), 32 (1) and 38A (3)—
Omit “Attorney-General”, substitute “Minister”.
Subsection 58 (10)—
Omit the subsection.
Subsection 58B (11)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 58B (14) (definition of “public servant”)—
Omit the definition.
Subsection 59 (4)—
Omit “Attorney-General”, substitute “Minister”.
Before section 80—
Insert the following section in Part VIII:
Interpretation
“80AA. In this Part ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal.”.
Subsections 80A (1) and (2)—
Omit “Administrative Appeals”.
Paragraph 80B (3) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 80B (3) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 81—
Omit “Minister”, substitute “Executive”.
Credit Act 1985
Subsection 5 (1) (definition of “bank”)—
Insert “the Territory or” before “a State”.
Section 17—
Omit “Governor-General” (wherever occurring), substitute “Chief Minister”.
Subsection 19 (1)—
(a)Omit “notice published in the Gazette”, substitute “instrument”.
(b)Omit “notice” (last occurring), substitute “instrument”.
Subsection 19 (1A)—
Omit the subsection.
Subsection 19 (2)—
Omit “A notice given”, substitute “An instrument made”.
Paragraph 19 (2) (b)—
Omit “notice”, substitute “instrument”.
Section 19A—
Repeal the section, substitute the following section:
Publication, tabling and disallowance of instruments of variation
“19A. An instrument made under subsection 19 (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Subsections 190 (1) and (2)—
Omit all the words from and including “in writing” to and including “1922,”, substitute “, appoint a public servant”.
Subsection 228 (2)—
Omit “Commonwealth”, substitute “Territory”.
Section 241—
(a)Omit “as soon as practicable”.
(b)Omit “to be laid before the House of Assembly and each House of the Parliament”, substitute “for presentation to the Legislative Assembly”.
Section 255—
Omit “Attorney-General”, substitute “Minister”.
Subsection 262 (2)—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 262 (3)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Subsection 266 (1)—
Omit “Minister”, substitute “Executive”.
Cremation Act 1966
Subsection 10 (1)—
Omit “Attorney-General”, substitute “Minister”.
Section 27—
Omit “Minister”, substitute “Executive”.
Dangerous Goods Act 1984
Section 11—
Repeal the section, substitute the following section:
Interpretation
“11. In the application in the Territory of the Dangerous Goods Act, a reference in that Act to regulations made under that Act shall be read as a reference to the Dangerous Goods Regulation in its application in the Territory.”.
Subsection 13 (1)—
Omit “Minister”, substitute “Executive”.
Dental Technicians and Dental Prosthetists Registration Act 1988
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal”.
Subsection 55 (1)—
Omit “Attorney-General”, substitute “Minister”.
Paragraph 64 (2) (a)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Paragraph 64 (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 74—
Omit “Minister”, substitute “Executive”.
Dentists Registration Act 1931
Subsection 4 (1) (definition of “the Tribunal”)
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal”.
Paragraph 4 (2) (a)—
Omit the paragraph, substitute the following paragraph:
“(a)a public servant; or”.
Paragraph 34 (1B) (a)—
Omit the paragraph, substitute the following paragraph:
“(a)is a public servant designated by the Australian Capital Territory Community and Health Service as a dental therapist; or”.
Paragraph 34 (1B) (b)—
Omit “Health Commission”, substitute “Community and Health Service”.
Subsection 39 (2)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Section 43—
Omit “Minister”, substitute “Executive”.
Districts Act 1966
Subsections 6 (7) and (8)—
Omit “sub-section 7 (2) of the National Memorials Act 1928-1972”, substitute “paragraph 4 (a) of the Public Place Names Act 1989”.
Dividing Fences Act 1981
Subsection 2 (1) (paragraph (c) of the definition of “occupier”)—
Omit the paragraph, substitute the following paragraph:
“(c)where neither paragraph (a) nor (b) applies—
(i)in the case of Territory Land—the Territory; and
(ii)in the case of National Land—the Commonwealth”.
Subparagraph 2 (2) (c) (i)—
Insert “and Water” after “Electricity”.
Subsection 11 (1)—
Omit “Subject to this section, where”, substitute “Where”.
Paragraphs 11 (1) (a) and 11 (2) (a)—
Omit “erected”, substitute “commenced erecting”.
Paragraph 18 (1) (a)—
Omit the paragraph, substitute the following paragraphs:
“(a)where the occupier is the Territory—by sending the notice by post to the administrative head;
(aa)where the occupier is the Commonwealth—by sending the notice by post to the Secretary to the Department of the Commonwealth for the time being responsible for the administration of National Land; and”.
Dog Control Act 1975
Subsection 31 (2)—
Omit “Australia”, substitute “the Territory”.
Section 41—
Omit “Minister”, substitute “Executive”.
Domestic Violence Act 1986
Subparagraphs 24 (2) (b) (i), (ii) and (iii)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 30 (3)—
Omit “, the Attorney-General or”.
Door-to-door Sales Act 1969
Section 16—
Omit “Governor-General”, substitute “Executive”.
Drugs of Dependence Act 1989
Subsection 3 (1) (definition of “Tribunal”)—
Insert “Australian Capital Territory” before “Administrative”.
Subsections 190 (1) and (2)—
Omit “Commonwealth”, substitute “Territory”.
Sections 191 and 196—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 198 (2) (a)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Paragraph 198 (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Paragraph 200 (a)—
Omit the paragraph, substitute the following paragraph:
“(a)public servants; or”.
Section 202—
Omit “Parliament”, substitute “Legislative Assembly”.
Section 206—
Omit “Minister”, substitute “Executive”.
Education Act 1937
Section 5 (definition of “authorized person”)—
Omit “Secretary”, substitute “administrative head”.
Section 5 (definitions of “high school level”, “primary school level” and “secondary college level”)—
Omit “in the Territory”.
Section 5 (definition of “Secretary”)—
Omit the definition.
Section 5 (definition of “Tribunal”)—
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Subsection 8 (1)—
Omit “in the Territory” (last occurring).
Paragraph 12 (1) (c)—
Omit “in the Territory”.
Subsection 16 (1)—
Omit “Secretary” (first occurring), substitute “administrative head”.
Paragraph 16 (1) (d)—
(a)Omit “in the Territory”.
(b)Omit “Secretary”, substitute “administrative head”.
Paragraph 30A (2) (a)—
(a)“Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 30A (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Subsection 32 (1)—
Omit “in the Territory” (last occurring).
Section 37—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Commonwealth” (wherever occurring) and substituting “Territory”:
Section 5 (paragraphs (a), (b) and (c) of the definition of “appropriate government school” and definitions of “high school level”, “primary school level” and “secondary college level”), subsection 8 (1), paragraph 12 (1) (c), section 14, paragraph 16 (1) (d), subsection 19 (1), paragraph 20 (a), subsection 32 (1), paragraphs 35C (1) (a) and (b) and subsections 35C (2), (3) and (4).
Egg Industry Act 1975
Subsection 3 (1) (definition of “Secretary”)—
Omit the definition.
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeal Tribunal”.
Subsection 26 (1)—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Secretary” and substituting “administrative head”:
Subsections 5 (1), (4), (6) and (7) and 6 (1) and (2) and paragraphs 11 (2) (a), 16 (8) (a) and 17 (6) (a).
Electricity Act 1971
Subsection 32 (1) (definition of “Tribunal”)—
Omit the definition, substitute the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Paragraph 32ZE (1) (a)—
Omit the words from and including “, the findings” to and including “based,”.
Paragraph 32ZE (1) (b)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Paragraph 33 (4) (c)—
Insert “the Territory or” before “the Commonwealth”.
Section 44—
Omit “Minister”, substitute “Executive”.
Electricity and Water Act 1988
Paragraph 6 (1) (m)—
Insert “the Territory or” before “the Commonwealth”.
Subsection 6 (3)—
Omit all the words after “authorise”, substitute:
“the Authority to do anything, or cause anything to be done—
(a)on Territory Land otherwise than with the consent of the Territory or that of a body established under a law of the Territory having control of that land;
(b)on National Land otherwise than with the consent of the Commonwealth or that of a body established under a law of the Commonwealth having control of that land; or
(c)on land other than Territory Land or National Land otherwise than in pursuance of rights conferred on the Authority by agreement or by a law in force in the Territory”.
Paragraph 8 (2) (a)—
Omit “for Finance and the Attorney-General”, substitute “administering the Audit Act 1989”.
Paragraph 8 (5) (a)—
Insert “the Territory or” before “the Commonwealth”.
Subsection 8 (5)—
Omit “Treasurer”, substitute “Minister administering the Audit Act 1989”.
Subsection 31 (3)—
(a)Insert “administrative head,” before “the Secretary”.
(b)Omit “, an authority of the Commonwealth that is not such a Department”.
Paragraph 31 (3) (a)—
Omit all the words from and including “for” to and including “person”, substitute “for the services of a public servant, an officer or employee employed in that Department or an officer or employee of that other person”.
Paragraph 31 (3) (b)—
Omit “the Department, of the authority or of the”, substitute “the Territory, that Department or that”.
Paragraph 39 (1) (a)—
Omit “, in consultation with the Minister for Finance,”.
Paragraph 39 (1) (b)—
Omit “Minister for Finance out of moneys appropriated by the Parliament”, substitute “Minister out of moneys appropriated by the Legislative Assembly, or by the Commonwealth Minister for Finance out of moneys appropriated by the Parliament of the Commonwealth,”.
Paragraph 39 (1) (e)—
Insert “the Territory or” before “the Commonwealth”.
Subsection 39 (2)—
Omit “, in consultation with the Minister for Finance,”.
Subsection 40 (1)—
Omit “for Finance”.
Paragraphs 41 (2) (b) and (4) (c)—
Omit “Commonwealth’s”, substitute “Territory’s”.
Section 42—
Repeal the section, substitute the following section:
Borrowing
“42. (1) The Authority may, subject to part VII of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, borrow money—
(a)from the Commonwealth; or
(b)with the approval of the Minister administering the Audit Act 1989—from any other person.
“(2) In this section, ‘borrow’ has the same meaning as in the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.”.
Section 47—
Repeal the section.
Section 61—
Repeal the section, substitute the following section:
Application to the Crown
“61. This Division binds the Crown.”.
Subsection 72 (1)—
Omit “both Houses of the Parliament”, substitute “the Legislative Assembly”.
Subsection 72 (2)—
Omit all the words from and including “either” to and including “that House” (last occurring), substitute “the Legislative Assembly, within 15 sitting days after a copy of the emergency plan has been laid before it”.
Subsection 72 (4)—
Omit “both Houses of the Parliament”, substitute “the Legislative Assembly”.
Subsection 73 (1)—
Omit all the words from and including “either” to and including “that House” (last occurring), substitute “the Legislative Assembly, within 15 sitting days after a copy of a notice referred to in subsection 70 (4), 72 (3), or 74 (1) has been laid before it”.
Subsection 73 (2)—
Omit the subsection, substitute the following subsection:
“(2) If, before the expiration of 15 sitting days after a copy of a notice referred to in subsection 70 (4), 72 (3), or 74 (1) has been laid before the Legislative Assembly—
(a)the Legislative Assembly is dissolved; and
(b)a resolution for the disallowance of the adoption, revocation or amendment to which the notice relates has not been passed by the Legislative Assembly;
the notice shall, for the purposes of this section, be deemed to have been laid before the Legislative Assembly on the first sitting day after its dissolution.”.
Subsection 73 (3)—
Omit “either House of the Parliament”, substitute “the Legislative Assembly”.
Subsection 73 (4)—
(a)Omit “neither House of Parliament passes”, substitute “the Legislative Assembly does not pass”.
(b)Omit “either House”, substitute “the Legislative Assembly”.
Paragraph 73 (4) (a)—
Omit “that House”, substitute “it”.
Paragraph 78A (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative” (last occurring).
Paragraph 78A (2) (b)—
(a)Omit “28 (4)”, substitute “26 (11)”.
(b)Omit “28” (last occurring), substitute “26”.
Section 78B—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 79A (1)—
Insert “for presentation to the Legislative Assembly” after “report”.
Subsection 79A (2)—
Omit the subsection.
Section 82—
Omit “the Minister”, substitute “the Executive”.
Subsections 87 (3) and 88 (2)—
Omit the subsections.
Further amendments—
The following provisions are amended by omitting “Commonwealth” and substituting “Territory”:
Paragraph 35 (1) (a), subsections 37 (1), 38 (1), 39 (2) and 40 (1), paragraphs 41 (1) (a), (1) (b) and (4) (b) and subsection 41 (5).
Enquiry Act 1938
Subsection 15 (1)—
Omit all the words after “expenses”, substitute “as the Minister determines”.
Paragraph 15 (2) (a)—
Omit “an officer of the Department of the Interior”, substitute “a public servant”.
Paragraph 15 (2) (b)—
Omit “Commonwealth”, substitute “Territory”.
Evidence Act 1971
Section 6—
Insert the following definitions:
“ ‘Act of the Territory’ means—
(a)an Act passed by the Legislative Assembly for the Territory;
(b)a law that is an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988, by virtue of section 34 of that Act; or
(c)a law that is to be taken to be an enactment by virtue of subsection 10 (3) or 12 (2) or (3) of the A.C.T. Self-Government (Consequential Provisions) Act 1988;
‘Territory public servant’ means—
(a)a member of the Territory Public Service; or
(b)a member of the transitional staff within the meaning of the A.C.T. Self-Government (Consequential Provisions) Act 1988;
‘Territory Public Service’ means the Public Service established by section 54 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.”.
Paragraph 10 (1) (c)—
Omit “order”, substitute “instrument”.
Subsection 15 (1) (definition of “document”)—
Omit paragraph (a), substitute the following paragraph:
“(a)a document that, under a law in force in the Territory has been lodged with, or registered or issued by—
(i)an administrative unit of the Territory Public Service;
(ii)a Department of State of the Commonwealth;
(iii)an authority established by or under a law in force in the Territory;
(iv)a Territory public servant; or
(v)an officer of the Commonwealth;”.
Subsection 15 (1) (definition of “the appropriate officer”)—
Omit the definition, substitute the following definition:
“ ‘the appropriate officer’ means—
(a) in relation to a document lodged with, or registered or issued by—
(i)an administrative unit of the Territory Public Service;
(ii)a Department of State of the Commonwealth or of a State; or
(iii)an authority established by or under a law in force in the Territory, a State or another Territory;
the person having custody of the official records of the administrative unit, Department or authority; and
(b)in relation to a document lodged with, or registered or issued by, a person who is a Territory public servant or an officer of the Commonwealth, a State or another Territory—that person.”.
Subparagraphs 15 (3) (a) (i) and (ii)—
Omit the subparagraphs, substitute the following subparagraphs:
“(i)in the case of a machine copy—that the machine copy of the document was made while the document was in the control or custody of the administrative unit, the Department of State, the authority or the officer; or
Surveyors Act 1967
Section 4 (definitions of “Department” and “Secretary”)—
Omit the definitions.
Section 14—
Omit “Secretary”, substitute “administrative head”.
Subsection 26 (4)—
Omit “Attorney-General”, substitute “Minister”.
Paragraph 44 (2) (b)—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 47 (7) (c)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 49A (10)—
Insert “Australian Capital Territory Administrative Appeals” before “Tribunal”.
Subsection 49A (11)—
Omit the subsection.
Section 53—
Omit “Minister”, substitute “Executive”.
Taxation (Administration) Act 1987
Subsection 4 (1) (definition of “public servant”)—
Omit the definition.
Subsection 4 (1) (definition of “tax liability”)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 4 (1) (definition of “Tribunal”)—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 11 (2)—
(a)Omit “each House of the Parliament”, substitute “the Legislative Assembly”.
(b)Omit “that House”, substitute “the Assembly”.
Subsection 12A (3)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 34 (1)—
Omit “Commonwealth”, substitute “Territory”.
Section 41—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 92 (1) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Paragraph 92 (1) (b)—
(a)Omit “Subsection 28 (4)”, substitute “Subsection 26 (11)”.
(b)Omit “section 28”, substitute “section 26”.
Subsections 99 (2) to (5) (inclusive)—
Omit the subsections, substitute the following subsection:
“(2) A determination is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.
Section 100—
Omit “Minister”, substitute “Executive”.
Testamentary Guardianship Act 1984
Section 10—
Repeal the section.
Theatres and Public Halls Act 1928
Section 32—
Omit “Minister”, substitute “Executive”.
Trading Hours Act 1962
Section 18—
Omit “Minister”, substitute “Executive”.
Traffic Act 1937
Section 41—
Omit “Minister”, substitute “Executive”.
Transplantation and Anatomy Act 1978
Paragraph 29 (1) (c)—
Insert “of the Commonwealth” after “Attorney-General”.
Paragraph 34 (1) (c)—
Insert “of the Commonwealth” after “Attorney-General”.
Paragraph 36 (a)—
Insert “Territory or” before “Commonwealth”.
Paragraph 40 (1) (c)—
Insert “of the Commonwealth” after “Attorney-General”.
Section 51—
Omit “Minister”, substitute “Executive”.
Trespass on Commonwealth Lands Act 1932
Long title—
Omit “Trespass on Lands belonging to, or in the occupation of, the Commonwealth within the Territory”, substitute “trespass on Territory land”.
Section 1—
Omit “Commonwealth Lands”, substitute “Territory Land”.
Sections 3B and 3C—
Repeal the sections.
Paragraph 4 (2) (a)—
Omit “any land belonging to, or in the occupation of the Commonwealth—”, substitute “unleased Territory Land or land occupied by the Territory—”.
Subparagraph 4 (2) (a) (ii)—
Omit “in the Department of the Interior”, substitute “held by the Territory”.
Paragraph 4 (2) (b)—
Omit “belonging to, maintained by, or under the control of, the Commonwealth,”, substitute “on unleased Territory Land or land occupied by the Territory;”.
Paragraph 6 (a)—
Omit “of State for the Interior”.
Section 7—
Omit “belonging to, maintained by or under the control of the Commonwealth,”, substitute “on unleased Territory Land or land occupied by the Territory”.
Paragraph 8A (2) (c)—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 8A (2) (e)—
Omit the paragraph, substitute the following paragraph:
“(e)that person camps, erects a structure, or occupies or is in a structure, on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority.”.
Paragraph 8A (3) (c)—
Omit the paragraph, substitute the following paragraph:
“(c)that person parks or leaves the vehicle on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority; or”.
Subsection 8B (1)—
(a)Omit “An officer of the Department of the Interior”, substitute “A public servant”.
(b)Omit “unleased land belonging to the Commonwealth”, substitute “unleased Territory Land or land occupied by the Territory”.
Subsection 8C (1)—
Omit the subsection, substitute the following subsection:
“(1) A public servant authorised in writing by the Minister may, by instrument, certify that land described in the instrument or by reference to a plan on, or annexed to, the instrument—
(a)is unleased Territory Land or land occupied by the Territory;
(b)is within the City Area; and
(c)is not within an area for the time being declared by the Minister, by notice published in the Gazette, to be a camping area for the purposes of this Act.”.
Subsection 9 (1)—
Omit “Commonwealth”, substitute “Territory”.
Trustee Act 1957
Second Schedule, item 11, column 3, paragraph (a)—
Omit from subparagraph (1) (c) (ii) “Attorney-General”, substitute “Minister”.
Second Schedule, item 14, column 3—
Insert in paragraph (2) (c) “Territory or” before “Commonwealth” (wherever occurring).
Second Schedule, item 29, column 3, paragraph (a)—
Omit “Five thousand pounds”, substitute “$10,000”.
Second Schedule, item 31, column 3, paragraph (b)—
(a)Omit from paragraphs (3) (a) and (b) “Two hundred and fifty pounds”, substitute “$500”.
(b)Omit from paragraph (3) (b) “One thousand pounds”, substitute “$2,000”.
(c)Omit from subsection (3A) “Treasurer” (wherever occurring), substitute “Minister”.
(d)Omit from subsection (3B) “Secretary to the Department of the Treasury”, substitute “administrative head”.
(e)Omit from subsection (3C) “Treasurer”, substitute “Minister”.
(f)Omit from subsection (3D) “Treasurer” (wherever occurring), substitute “Minister”.
(g)Omit from paragraph (3E) (b) “Treasurer”, substitute “Minister”.
(h)Omit subsection (3F).
Second Schedule, item 33, column 3—
Omit from subsection (2) “Commonwealth of Australia”.
Second Schedule, item 36—
Omit the item, substitute the following items:
“36.Section 64 (a) Omit from subsection (1) ‘New South Wales’, substitute ‘the Territory’.
(b)Omit from subsection (2) ‘New South Wales’, substitute ‘the Territory’.
(c)Omit from subsection (3A) ‘This subsection shall be deemed to have commenced on the first day of March, one thousand nine hundred and twenty-six.’.
(d)Omit from subsection (4) ‘New South Wales’, substitute ‘The Territory’.
(e)Omit from subsection (5) ‘New South Wales’, substitute ‘The Territory’.
“36A.Section 65 Omit from subsection (1) ‘New South Wales’, substitute ‘the Territory’.”.
Second Schedule, item 44, column 3, paragraph (a)—
Omit “One thousand pounds”, substitute “$2,000”.
Second Schedule, item 48, column 3, paragraph (b)—
Omit the paragraph, substitute the following paragraphs:
“(b)Omit from subsection (3) ‘New South Wales’, substitute’the Territory’.
(c)Omit subsection (4).”.
Tuberculosis Act 1950
Section 13—
Omit “Minister”, substitute “Executive”.
Trustee Companies Act 1947
Section 35—
Omit “Minister”, substitute “Executive”.
Unclaimed Moneys Act 1950
Subsection 3A (1)—
Omit “person who is an officer within the meaning of the Public Service Act 1922-1973”, substitute “public servant”.
Subsection 5 (4)—
Omit the subsection.
Subsection 13 (3)—
Omit “the Commonwealth shall pay”, substitute “the Territory shall pay”.
Subsection 13 (4)—
Omit the subsection.
Further amendments—
The following provisions are amended by omitting “Commonwealth” and substituting “Territory”:
Subsection 4 (1), paragraph 4 (3) (c), subsections 4 (4) and (5), 5 (1) and (2), 10 (1), 11 (1) and 13 (1) and (2) and paragraph 13 (3) (a).
Unit Titles Act 1970
Section 5—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Paragraph 16 (6) (b)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Subsections 16 (8) and (9)—
Omit “Administrative Appeals”.
Subsections 18A (2) and (3)—
Omit “Australia”, substitute “the Territory”.
Subsection 97 (5)—
Insert “Territory or” before “Commonwealth”.
Paragraphs 105 (b) and 108 (2) (a)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 108 (6)—
Omit “Commonwealth”, substitute “Territory”.
Section 117—
Omit “Minister”, substitute “Executive”.
Unlawful Games Act 1984
Subsection 8 (1)—
Omit “Commonwealth”, substitute “Territory”.
Section 10—
Omit “Minister”, substitute “Executive”.
Venereal Diseases Act 1956
Section 21—
Omit “Minister”, substitute “Executive”.
Veterinary Surgeons Registration Act 1965
Subsection 4 (1) (definition of “the Tribunal”)—
Omit the definition.
Subsection 4 (1)—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Paragraph 4A (a)—
Omit the paragraph, substitute the following paragraph:
“(a)a public servant; or”.
Paragraph 6 (1) (a)—
Omit “an officer of the Australian Public Service”, substitute “a public servant”.
Subsection 28A (2)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Section 43—
Omit “Minister”, substitute “Executive”.
Water Pollution Act 1984
Subsection 5 (1) (definition of “Tribunal”)—
Insert “Australian Capital Territory” before “Administrative”.
Subsection 41 (2)—
Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
Section 47—
Omit “Minister”, substitute “Executive”.
Water Rates Act 1959
Paragraph 12 (2) (b)—
Omit “Commonwealth” (last occurring), substitute “Territory”.
Section 34—
Omit “Minister”, substitute “Executive”.
Further amendments—
The following provisions are amended by omitting “Commonwealth” and substituting “Territory”:
Paragraphs 12 (1) (b) and (1A) (b), subsection 14 (1), paragraphs 15 (1) (e) and (f), subparagraph 17 (1) (b) (i) and paragraph 17 (3) (c).
Weights and Measures Act 1929
Subsection 41 (2)—
Omit “Crown”, substitute “Territory”.
Subsection 48 (1)—
Omit “Minister”, substitute “Executive”.
Weights and Measures (Packaged Goods) Act 1970
Section 28—
Omit “Minister”, substitute “Executive”.
Workmen’s Compensation Act 1951
Subsection 6 (1) (paragraph (d) of the definition of “workman”)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 6 (3B)—
Omit “Commonwealth”, substitute “Territory”.
Section 27—
Repeal the section.
Section 28—
Omit “Minister”, substitute “Executive”.
Third Schedule, clause 13 of the form of Employer’s Indemnity Policy—
Omit “Minister of State for the Interior”, substitute “(here insert official description of appropriate Minister)”.
Workmen’s Compensation Supplementation Fund Act 1980
Section 43—
Omit “Minister”, substitute “Executive”.
SCHEDULE 2 Section 61
AMENDMENTS OF CONTINUED STATE LAWS
PART I—ACTS
Conveyancing and Law of Property Act 1898 of the State of New South Wales in its application in the Territory
Subsection 37 (1)—
Omit “Act of the Commonwealth”, substitute “Act, Commonwealth Act”.
Subsections 117 (3) and (4)—
Omit “Attorney-General of the Commonwealth”, substitute “Minister”.
Crown Lands Act 1884 of the State of New South Wales in its application
in the Territory
Section 111—
Omit “Commonwealth of Australia”.
Dangerous Goods Act 1975 of the State of New South Wales in its application in the Territory
Section 4—
Insert the following definition:
“ ‘Tribunal’ means the Australian Capital Territory Administrative Appeals Tribunal;”.
Section 5A—
Omit all the words after “Crown”.
Paragraph 28 (3) (a)—
Omit “any other law of the Commonwealth or of”, substitute “a law of the Commonwealth,”.
Paragraph 29 (1) (i)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Section 29A—
Omit “Administrative Appeals”.
Subsections 31 (4) and 38 (1)—
Omit “Commonwealth”, substitute “Territory”.
Subsection 41 (1)—
Omit “Minister”, substitute “Executive”.
Defamation (Amendment) Act 1909 of the State of New South Wales in its application in the Territory
Paragraph 5 (a)—
Omit all the words after “proceedings of”, substitute “the Legislative Assembly or either House of the Parliament or of the Parliament of a State;”.
Paragraph 5 (b)—
Insert “the Legislative Assembly or” before “any such House”.
Paragraph 5 (f)—
(a)Omit “an Act of the Commonwealth”, substitute “an Act or a Commonwealth Act”.
(b)Insert “Territory or” before “Commonwealth” (last occurring).
Paragraph 5 (g)—
(a)Insert “an administrative unit of the Public Service,” after “issued by”.
(b)Insert “a public servant,” after “Service,”.
(c)Omit “department,”, substitute “administrative unit, department, public servant,”.
Paragraphs 5A (3) (a), (b) and (c)—
Omit the paragraphs, substitute the following paragraphs:
“(a)the Legislative Assembly;
(b)either House of the Parliament;
(c)the Parliament, or a House of the Parliament, of a State; and
(d)the Legislative Assembly of the Northern Territory.”.
Fertilizers Act 1904 of the State of New South Wales in its application in the Territory
Section 4—
Omit “Minister”, substitute “Executive”.
Gaming and Betting Act 1906 of the State of New South Wales in its application in the Territory
Section 10—
Omit “Commonwealth of Australia” (wherever occurring).
Public Instruction Act 1880 of the State of New South Wales in its application in the Territory
Section 39 (definition of “School”)—
Omit “on behalf of the Commonwealth”.
Public Roads Act 1902 of the State of New South Wales in its application
in the Territory
Section 18—
(a)Omit “Commonwealth of Australia”.
(b)Insert “Territory or” before “Commonwealth”.
Subsections 19 (1) and 20 (1)—
Omit “Commonwealth of Australia”.
Subsections 25 (1) and (4)—
Omit “Commonwealth of Australia”.
Section 29—
Insert “Territory or” before “Commonwealth”.
Subsection 35 (1)—
Omit “Commonwealth of Australia Gazette”, substitute “Gazette or Commonwealth Gazette”.
Subsection 35 (2)—
Omit “Commonwealth of Australia Gazette”, substitute “Gazette or Commonwealth Gazette (as the case requires)”.
PART II—REGULATIONS
Dangerous Goods Regulation 1978 of the State of New South Wales in its application in the Territory
Subclause 4 (1) (definition of “public reservoir”)—
Insert “the Territory,” before “the Commonwealth”.
Subclause 45 (1)—
Insert “the Territory or” before “the Commonwealth”.
Paragraphs 192 (g) and 217 (3) (c)—
Insert “the Territory or” before “the Commonwealth”.
Clause 247—
Insert “the Territory or” before “the Commonwealth”.
Subclause 373 (2)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Omit “Administrative Appeals”.
Regulations under the Scaffolding and Lifts Act 1912-1948 of the State of New South Wales in their application in the Territory
Regulation 163—
Omit “Commonwealth”, substitute “Territory”.
SCHEDULE 3 Section 62
AMENDMENTS OF TERRITORY REGULATIONS
Apiaries Regulations
Schedule (Forms A and C)—
Omit “The Secretary, Department of the Capital Territory”, substitute “Head of Administration”.
Schedule (Form B)—
Omit “of State for the Capital Territory”.
City Area Leases Regulations
Regulation 5—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Subregulation 10 (1)—
Omit “, Canberra,”.
Subregulations 10 (1) and (2)—
Omit “Secretary, Department of the Capital Territory,”, substitute “administrative head”.
The Schedule—
(a)Omit “THE COMMONWEALTH OF AUSTRALIA”.
(b)Omit “RESERVING unto the Commonwealth”, substitute “RESERVING unto the Territory”.
The Schedule (paragraph 2 (a))—
Omit “Commonwealth” (first occurring), substitute “Territory”.
The Schedule (paragraphs 3 (b))—
Omit “Commonwealth” (first occurring), substitute “Territory”.
The Schedule (paragraph 3 (d))—
Omit the paragraph, substitute the following paragraph:
“(d)That in this lease, ‘Minister’ means—
(i)the Minister administering the City Area Leases Act 1936; or
(ii)the Minister for the time being acting on behalf of that Minister;”.
The Schedule—
Omit “thereto authorized by and under the City Area Leases Act 1936”, substitute “authorised by the Executive”.
Fire Brigade Regulations
Regulation 6—
Omit “Commonwealth”, substitute “Territory”.
Garbage Regulations
The following provisions are amended by omitting “Commonwealth” (wherever occurring) and substituting “Territory”:
Regulation 3AA, subregulations 3A (4) and (5) and 10 (2), regulation 11 and subregulation 12 (1).
Leases Regulations
Regulation 3 (definition of “Land”)—
Omit the definition, substitute the following definition:
“ ‘land’ means Territory Land and includes all improvements on the land;”.
Regulation 3 (definitions of “Returned Soldier” and “The Minister”)—
Omit the definitions.
Regulation 3—
Insert the following definition:
“ ‘veteran’ has the same meaning as in the Veterans Entitlements Act 1986 of the Commonwealth”.
Regulation 4—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 9 (1) (d)—
Omit “returned soldier”, substitute “veteran”.
Regulation 10—
Omit “if he thinks fit”, substitute “on behalf of the Commonwealth”.
Subregulation 12 (3)—
Insert “, on behalf of the Commonwealth,” after “may”.
Subregulation 12 (4)—
Insert “, on behalf of the Commonwealth,” after “prepared”.
Regulation 14—
Insert “, on behalf of the Commonwealth,” after “bound”.
Regulation 15—
Insert “on behalf of the Commonwealth,” after “may,”.
Regulation 22—
Insert “, on behalf of the Commonwealth,” after “may”.
Regulation 23—
(a)Omit “Commonwealth or State”, substitute “Territory”.
(b)Omit “Commonwealth”, substitute “Territory”.
Subregulation 24 (1)—
Insert “, on behalf of the Commonwealth,” after “may”.
Subregulations 24 (1) and (2)—
Omit “Commonwealth”, substitute “Territory”.
Subregulation 25 (1)—
Insert “on behalf of the Commonwealth,” after “may,”.
Meat Regulations
Paragraph 7 (2) (a)—
(a)Omit “Administrative Appeals Tribunal Act 1975”, substitute “Administrative Appeals Tribunal Act 1989”.
(b)Insert “Australian Capital Territory” before “Administrative”.
Paragraph 7 (2) (b)—
(a)Omit “subsection 28 (4)”, substitute “subsection 26 (11)”.
(b)Omit “section 28”, substitute “section 26”.
Regulation 8—
Insert “Australian Capital Territory” before “Administrative”.
Mining Regulations
Regulation 45—
Omit “On any day on which an election is held of a Member of the Advisory Council under the Advisory Council Act 1930-1931;”.
Motor Omnibus Regulations
Subregulation 3 (2)—
Insert “Territory or” before “Commonwealth”.
Subregulation 40 (4)—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Motor Omnibus Services Regulations
Subregulation 3 (1) (definition of “Secretary”)—
Omit the definition.
Regulation 3A—
Omit “Secretary”, substitute “administrative head”.
Motor Vehicle (Third Party Insurance) Regulations
Paragraph 11 (a)—
Omit “prescribed under the Health Commission (Charges) Regulations”, substitute “determined under section 75 of the Community and Health Service Act 1985”.
Parole Board (Fees) Regulations
Subregulation 2 (3)—
Insert “Territory or” before “Commonwealth” (wherever occurring).
Pounds Regulations
Subregulation 16 (2)—
Omit “Commonwealth”, substitute “Territory”.
Subregulation 20 (1)—
Omit “Receiver of Public Moneys”, substitute “Territory”.
Subregulation 20 (2)—
Omit “Receiver”, substitute “Territory”.
Regulation 26—
Omit “Commonwealth”, substitute “Territory”.
Regulation 29—
Omit “Commonwealth”, substitute “Territory”.
Public Health (Dairy) Regulations
Subregulation 21 (5)—
Omit “Commonwealth”, substitute “Territory”.
Subregulation 89 (1)—
Omit “Commonwealth” (wherever occurring), substitute “Territory”.
Subregulation 101 (2)—
Omit “Commonwealth”, substitute “Territory”.
Public Health (General Sanitation) Regulations
Paragraph 18 (b)—
Omit “Commonwealth”, substitute “Territory”.
Public Health (Infectious and Notifiable Diseases) Regulations
Subregulation 22 (2)—
Omit “Commonwealth”, substitute “Territory”.
Public Health (Medical and Dental Inspection of School Children) Regulations
Regulation 2 (definition of “Dental therapist”)—
(a)Omit “person”, substitute “public servant”.
(b)Omit “under the Public Service Act 1922-1968”.
Public Health (Private Hospitals) Regulations
Regulation 3 (definition of “Private hospital”)—
Omit “Commonwealth”, substitute “Territory”.
Public Health (Sale of Food and Drugs) Regulations
Regulation 3 (definition of “Owner”)—
Insert “Territory or” before “Commonwealth”.
Public Parks Regulations
Subregulations 12 (3) and 13 (2)—
Omit “Commonwealth”, substitute “Territory”.
Paragraph 16 (a)—
Insert “the Territory,” before “the Commonwealth”.
Rabbit Destruction Regulations
Regulation 4—
Omit “of the Commonwealth”.
Registrar of Titles (Office Hours) Regulations
Subregulation 2 (2)—
Omit “public offices of the Commonwealth in Canberra”, substitute “Public Service”.
Remand Centres Regulations
Subregulation 19 (7)—
Omit “Commonwealth”, substitute “Territory”.
Schools Authority (Allowances) Regulations
Regulation 3—
(a)Omit “Board”, substitute “Commissioner”.
(b)Omit “a Chief Officer of a Department”, substitute “the Secretary of a Department of the Commonwealth”.
Stock Regulations
Schedule 2, Notice of Appeal Against Assessment—
Omit “the Minister of State for the Capital Territory”, substitute “(insert name and official description of appropriate Minister)”.
Weights and Measures Regulations
Paragraph 2 (o)—
Omit “the office of an Inspector at the Department of the Interior”, substitute “the office of the administrative unit of the Public Service responsible for matters under the Act”.
Workmen’s Compensation Regulations
Regulation 12—
Insert “the Legislative Assembly or the” before “Parliament”.
Schedule 1, Form 1—
Insert in note ‡ “the Legislative Assembly or the” before “Parliament”.
Schedule 2, Form 2—
Insert in note ‡ “the Legislative Assembly or the” before “Parliament”.
SCHEDULE 4 Section 63
REPEAL OF ORDINANCES
Advisory Council Ordinance 1986
Advisory Council (Amendment) Ordinance 1987
Canberra Commercial Development Authority (Amendment) Ordinance 1983
Canberra Retail Markets (Amendment) Ordinance 1986
Cigarette Containers (Labelling) Ordinance 1976
Cigarette Containers (Labelling) (Amendment) Ordinance 1982
Commonwealth Dwellings (Rent) Ordinance 1961
Commonwealth Dwellings (Rent) (Amendment) Ordinance 1982
Festival Australia Incorporation Ordinance 1973
Festival Australia Incorporation Ordinance 1975
Festival Australia Incorporation Ordinance 1976
Festival Australia Incorporation (Amendment) Ordinance 1976
Festival Australia Incorporation (Amendment) Ordinance 1978
Flammable Liquids (Amendment) Ordinance 1983
Health Commission (Amendment) Ordinance 1982
House of Assembly (Remuneration) Ordinance 1979
Housing Ordinance (No. 2) 1928
Housing Ordinance 1930
Housing Ordinance (No. 2) 1930
Housing Ordinance 1940
Housing Ordinance 1947
Housing Ordinance 1957
Housing Ordinance 1969
Industrial Board Ordinance 1936
Industrial Board Ordinance (No. 2) 1936
Industrial Board Ordinance (No. 3) 1936
Industrial Board Ordinance 1937
Industrial Board Ordinance 1938
Industrial Board Ordinance (No. 2) 1938
Industrial Board Ordinance (No. 3) 1938
Industrial Board Ordinance 1939
Industrial Board Ordinance 1940
Industrial Board Ordinance 1941
Industrial Board Ordinance (No. 2) 1941
Industrial Board Ordinance 1944
Industrial Board Ordinance 1945
Industrial Board Ordinance 1946
Industrial Board Ordinance (No. 2) 1946
Industrial Board Ordinance 1947
Industrial Board Ordinance 1949
Land Rent (Validation and Re-appraisement) Ordinance 1970
Lunacy Ordinance 1938
Queanbeyan Lease Ordinance 1929
Queanbeyan Lease Ordinance 1936
Queanbeyan Water Supply Ordinance 1925
Queanbeyan Water Supply Ordinance 1936
Referendum (Self-Government) Ordinance 1978
Seat of Government Railway Ordinance 1923
Seat of Government Railway Ordinance 1975
Statutory Authorities (Temporary Provisions) Ordinance 1986
World Cup Athletics (Security Arrangements) Ordinance 1985
NOTE
1. The Self-Government (Consequential Amendments) Act 1989 as shown in this reprint comprises Act No. 38, 1989 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Acts so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
| Ordinance | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Self-Government (Consequential Amendments) Ordinance 1989 | 38, 1989 | 10 May 1989 | Ss. 1 and 2: 10 May 1989 |
Self-Government day 11 May 1989
Table 2
Table of Acts
| Act | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Statute Law Revision (Miscellaneous Provisions) Act 1992 | 23, 1992 | 4 June 1992 | 4 June 1992 | — |
| repealed by | ||||
| Statute Law Amendment Act 2000 | 80, 2000 | 21 Dec 2000 | 21 Dec 2000 |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision How affected
Div. 1 of Part III (s. 55)....... rep. Act No. 23, 1992
S. 55.................................. rep. Act No. 23, 1992
0
0
0