Statute Law Amendment Act 2001 (ACT)
AUSTRALIAN CAPITAL TERRITORY
Statute Law Amendment Act 2001
No 11 of 2001
CONTENTS
Section Page
1............ Name of Act............................................................................................................. 1
2............ Commencement...................................................................................................... 1
3............ Purpose..................................................................................................................... 1
4............ Amended Acts and regulations—schs 1 to 3..................................................... 1
5............ Repealed Acts—sch 4............................................................................................ 2
6............ Repealed regulations—sch 5................................................................................ 2
SCHEDULE 1
minor amendments..................................................... 3
Drugs of Dependence Act 1989
Instruments Act 1933
Litter Act 1977
National Crime Authority (Territory Provisions) Act 1991
Nature Conservation Act 1980
Parole Act 1976
SCHEDULE 2
structural amendments.............................................. 7
Interpretation Act 1967
SCHEDULE 3
technical amendments............................................. 21
Building Act 1972
Building Regulations
Dangerous Goods Act 1975
Dangerous Goods Regulations 1978
Financial Management Act 1996
Firearms Regulations
Nature Conservation Act 1980
flora and fauna”.
Occupational Health and Safety Act 1989
Occupational Health and Safety Regulations 1991
Scaffolding and Lifts Act 1912
Scaffolding and Lifts Regulations 1950
Victims of Crime (Financial Assistance) Act 1983
SCHEDULE 4
repeal of REDUNDANT OR OBSOLETE ACTS.......................... 97
Part 4.1—ACTS THAT FORMERLY APPLIED NSW LAWS AS LAWS OF THE TERRITORY
Part 4.2—ACTS THAT ARE NO LONGER NEEDED
Part 4.3—AMENDING AND REPEALING ACTS without substantive provisions
Part 4.4—amending and repealing acts with substaNtive provisions that are no longer needed or are beING relocated
Part 4.5—REPEAL OF SPENT APPROPRIATION AND SUPPLY ACTS
SCHEDULE 5
repeal of REDUNDANT OR obsolete subordinate LAWS....... 105
Part 5.1—AMENDING AND REPEALING SUBORDINATE LAWS
Part 5.2—other obsolete or redunDant subordinate laws
AUSTRALIAN CAPITAL TERRITORY
Statute Law Amendment Act 2001
No 11 of 2001
An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision
[Notified in ACT Gazette No. 13: 29 March 2001]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Statute Law Amendment Act 2001.
Commencement
This Act commences on the day it is notified in the Gazette.
Purpose
The purpose of this Act is to improve the quality of the statute law of the Territory by amending and repealing Acts and regulations for the purpose of statute law revision.
Amended Acts and regulations—schs 1 to 3
Schedules 1 to 3 amend the Acts and regulations mentioned in them.
Repealed Acts—sch 4
The Acts mentioned in Schedule 4 are repealed.
The Acts mentioned in Part 4.5 (Repeal of spent appropriation and supply Acts) of Schedule 4 are laws to which the Interpretation Act 1967, section 42 (Repeal does not end transitional or validating effect etc) applies.
The following provisions of the following Acts and regulations are laws to which the Interpretation Act 1967, section 42 applies:
(a)Acts Citation Act 1976 No 30, subsection 6 (2);
(b)Anglican Church of Australia Act 1980 No 42, subsection 16 (2) and section 22;
(c)Australian Capital Territory Gaming and Liquor Authority (Repeal) Act 1990 No 54, sections 4 to 9;
(d)Betting (Corporatisation) (Consequential Provisions) Act 1996 No 32, sections 3 to 8 and 10 to 12;
(e)Magistrates and Coroner’s Courts (Registrar) Act 1991 No 44, sections 3 to 6;
(f)Victims of Crime (Financial Assistance) (Amendment) Act 1999 No 91, sections 14 to 18;
(g)Canberra Public Cemeteries Regulations (Amendment) 1981
No 17, regulation 4;
(h)Self-Government (Transitional Provisions) Regulations 1990
No 1, regulation 2;
(i)Land (Planning and Environment) Regulations (Amendment) 1997 No 7, subregulations 5 (2) and (3).
Repealed regulations—sch 5
The regulations mentioned in Schedule 5 are repealed.
Note for Act Subsection 12 (1) of the Interpretation Act 1967 provides that notes in or to an Act are not part of the Act.
SCHEDULE 1(See s 4)
minor amendments
Drugs of Dependence Act 1989
[1.1] Subsection 3 (1) (definition of intern)—
Omit the definition, substitute the following definition:
“intern means a person who is registered as a medical practitioner subject to conditions imposed under section 10 of the Medical Practitioners Act 1930.”.
Explanatory note
This amendment updates a definition to reflect amendments made to the Medical Practitioners Act 1930. Interns are now entitled to conditional registration as medical practitioners under section 10 of that Act.
Instruments Act 1933
[1.2] Section 2—
Repeal the section.
Explanatory note
This amendment omits a commencement provision that has fully commenced. The effect of the commencement provision is expressly saved by the Interpretation Act 1967, section 40 (Commencement not undone if omitted).
Litter Act 1977
[1.3] Section 2 (definition of public place)—
Omit the definition, substitute the following definition:
“public place means a road, road related area or any other unleased Territory land.”.
Explanatory note
This amendment is consequential on the repeal of the Protection of Lands Act 1937 in Schedule 4. Section 7 of that Act makes it an offence to deposit anything (without authority) on unleased lands. The amendment will enable the Litter Act 1977 to deal with the deposit of litter on all unleased Territory land. The Litter Act 1977 presently applies only to road and road related areas (and, for some purposes, tips).
[1.4] Section 2—
Insert the following definitions:
“road means road within the meaning of section 42 (Regulations about parking) of the Road Transport (Safety and Traffic Management) Act 1999.
road related area means a road related area within the meaning of section 42 of the Road Transport (Safety and Traffic Management) Act 1999.”.
Explanatory note
This amendment brings the definitions of road and road related area into line with the definitions in the Trespass on Territory Land Act 1932.
[1.5] Section 7A (1)—
Omit “or public tip”, substitute “(including a public tip)”.
Explanatory note
This amendment is consequential on the revised definition of public place.
National Crime Authority (Territory Provisions) Act 1991
[1.6] Section 2—
Repeal the section.
Explanatory note
This amendment omits a commencement provision that has fully commenced. The effect of repealed commencement provisions is expressly saved by the Interpretation Act 1967, section 40 (Commencement not undone if omitted).
[1.7] Further amendments—
The following provisions are amended by omitting “Attorney-General” and substituting “Minister”:
Subsections 5 (1), (4) and (6) and 6 (4), sections 8 (first mention) and 11, subsection 21 (8) (definition of special investigation) and sections 23, 27 and 30.
Explanatory note
These amendments change certain references in the Act from Attorney-General to Minister. References in the Act to functions that relate to the traditional functions of the Attorney-General (eg the bringing of prosecutions) have not been changed (see ss 6 (1) (a) and (2) (c), 8 (2nd mention), 12 (8) (b) and (9) and 18 (5), (6), and (10)).
Nature Conservation Act 1980
[1.8] Section 5 (definition of sell)—
Omit the definition, substitute the following definition:
“sell includes—
(a) offer for sale; and
(b) expose for sale; and
(c) barter (or offer or expose for barter); and
(d) exchange (or offer or expose for exchange); and
(e) supply for value (or offer or expose for supply for value); and
(f) supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain.”.
Explanatory note
This amendment aligns the definition of sell with the more recent definition in section 3C of the Tobacco Act 1927.
[1.9] Section 25—
Omit the heading, substitute the following heading:
“25 Killing native animals”.
Explanatory note
This amendment makes the section heading more consistent with the content of the section.
[1.10] Section 26—
Omit the heading, substitute the following heading:
“26 Taking native animals”.
Explanatory note
This amendment makes the section heading more consistent with the content of the section.
[1.11] Section 40—
Omit the heading, substitute the following heading:
“40 Escape of native animals”.
Explanatory note
This amendment makes the section heading more consistent with the content of the section.
Parole Act 1976
[1.12] Subsection 7 (4)—
Omit “of the Commonwealth”.
Explanatory note
This amendment corrects a reference to the Attorney-General of the Commonwealth. Since self-government, the Act has been administered by the Territory rather than the Commonwealth.
SCHEDULE 2(See s 4)
structural amendments
Interpretation Act 1967
[2.1] Insertion—
After section 27G insert the following sections:
“27GA Instrument may make provision in relation to land by reference to map etc
“(1) This section applies if an Act authorises or requires provision to be made by instrument in relation to land or waters.
“(2) Provision may be made by reference to—
(a)a particular map or plan held by an entity; or
(b)a particular entry in a register kept by an entity;
if the map, plan or register is available for inspection by members of the public, whether or not on payment of a fee.
“27GB Instrument may authorise determination of matter etc
“(1) This section applies if an Act (the authorising law) authorises or requires provision to be made about a matter by statutory instrument.
“(2) An instrument made under the authorising law may make provision about the matter by authorising or requiring the matter, or any aspect of the matter, to be determined, applied or regulated by a stated entity, whether or not from time to time.
Example
If an Act provides that an application is to be in a prescribed form, regulations made under the Act may provide that the form is to be that approved by the Minister.
“27GC Instrument may prohibit
If an Act authorises or requires a matter to be regulated (however described) by statutory instrument, the power may be exercised by prohibiting, by statutory instrument, the matter or any aspect of the matter.
“27GD Instrument may provide for reconsideration etc
“(1) A statutory instrument may provide for the reconsideration or review of, or a right of appeal against, a decision made under—
(a)the statutory instrument; or
(b)the Act under which the statutory instrument is made or in force.
“(2) For subsection (1), a statutory instrument that is a subordinate law may give jurisdiction to any court, tribunal or other entity.
“(3) In this section:
decision includes a failure to make a decision, whether or not within a particular time.”.
Explanatory note
This amendment inserts sections that clarify the power to make statutory instruments. The sections complement the sections proposed to be inserted into the Interpretation Act 1967 by the Statute Law Amendment Act 2000.
Proposed section 27GA makes it clear that a statutory instrument may make provision about something by calling up a map or plan, or an entry in a register, that is available for public inspection. Calling up a map or plan to define an area would usually be more helpful to users of legislation than a technical surveyor’s description of the area.
Proposed section 27GB clarifies the power of an instrument to make provision about a matter by requiring or authorising an entity to determine, apply or regulate the matter or an aspect of the matter. It is sometimes not practical for an instrument to make provision in the instrument itself about all aspects of a matter and it is necessary for the instrument to require or authorise an entity to deal with the matter or some aspect of the matter.
Proposed section 27GC makes it clear that a power to regulate a matter by statutory instrument includes power to prohibit the matter or any aspect of the matter.
Proposed section 27GD clarifies the power to provide for rights of reconsideration, review or appeal against a decision by statutory instrument. In more complex legislative schemes, important aspects of the scheme may be provided in the statutory instruments made under the Act. The need to provide for rights of reconsideration, review or appeal may not appear from the provisions of the Act, particularly if the Act is prepared before the statutory instruments made under it or if the parts of the legislative scheme are changed significantly after the Act has been enacted.
[2.2] Section 33—
Repeal the section, substitute the following sections:
“32A Penalties at end of sections and subsections
“(1) This section applies if a penalty (however expressed) is stated in an Act—
(a)at the end of a section (whether or not the section is divided into subsections) and not expressed in a way that indicates that it applies only to a provision of the section; or
(b)at the end of a subsection (but not at the end of a section) and not expressed in a way that indicates that it applies only to a provision of the subsection; or
(c)at the end of a section or subsection and expressed in a way that indicates that it applies only to a provision of the section or subsection (the relevant provision).
Examples
Paragraph (a)—
The following penalty at the end of a section:
‘Maximum penalty: 20 penalty units.’.
Paragraph (b)—
The following penalty at the end of a subsection, but not at the end of a section:
‘Maximum penalty: 20 penalty units.’.
Paragraph (c)—
The following penalty at the end of a section divided into subsections:
‘Maximum penalty (subsection (3)): 20 penalty units.’.
Paragraph (c)—
The following penalty at the end of a subsection, but not at the end of a section:
‘Maximum penalty:
(a)for paragraph (b)—20 penalty units; or
(b)for another paragraph—50 penalty units, imprisonment for 6 months or both.’.
“(2) If an offence is not expressly mentioned in the section, subsection or relevant provision, the penalty indicates that contravention of the section, subsection or relevant provision is an offence punishable on conviction as provided by subsection (4).
Example
A person must not contravene a notice.
Maximum penalty: 20 penalty units.
“(3) If an offence is expressly mentioned in the section, subsection or relevant provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4).
Example
A person who contravenes a notice commits an offence.
Maximum penalty: 20 penalty units.
“(4) The penalty that may be imposed for the offence is—
(a)if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or
(b)if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum.
“(5) In working out for this section whether a penalty is at the end of a section or subsection, any example or note is to be disregarded.
“(6) In applying this section to a subordinate law or disallowable instrument or to a provision of a schedule to an Act, a reference to a section or subsection is a reference to an equivalent provision of the law, instrument or schedule.
“33 Penalties not at end of sections and subsections
“(1) This section applies if a penalty (however expressed) is stated in a provision of an Act other than at the end of a section or subsection.
Example
A person who contravenes subsection (3) commits an offence punishable, on conviction, by a fine not exceeding 20 penalty units.
“(2) If an offence is expressly mentioned in the provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4).
“(3) If an offence is not expressly mentioned in the provision, the penalty indicates that contravention of the provision (or a stated part of the provision) is an offence punishable on conviction as provided by subsection (4).
“(4) The penalty that may be imposed for the offence is—
(a)if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or
(b)if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum.
“(5) In working out for this section whether a penalty is at the end of a section or subsection, any example or note is to be disregarded.
“(6) In applying this section to a subordinate law or disallowable instrument or to a provision of a schedule to an Act, a reference to a section or subsection is a reference to an equivalent provision of the law, instrument or schedule.”.
Explanatory note
Proposed section 32A is a rewrite in clearer English of existing section 33. The proposed section deals with a number of cases that are not clearly covered by existing section 33. For example, the existing section does not deal with cases where contravention of a provision is expressly stated to be an offence and cases where a minimum as well as a maximum penalty are stated. The proposed section also deals expressly with the application of the section to subordinate laws, disallowable instruments and provisions of schedules to Acts.
Proposed section 32A deals with penalties at the end of sections and subsections. Proposed section 33 makes equivalent provision for cases where the penalties are stated elsewhere in an Act eg within the body of a section.
[2.3] Section 39—
After subsection (3) insert the following subsection:
“(4) In this section:
amend does not include modify.”.
Explanatory note
Under section 48 of the Interpretation Act 1967 a modifying law affects the operation of a law that it modifies, but does not amend the text of the law. On the repeal of a modifying law the effect of the modifying law ends and the previous operation of the modified law is revived. Subsection 39 (2) of the Interpretation Act 1967, therefore, does not apply to modifying laws. The amendment makes this clear.
[2.4] Section 43 (heading)—
Omit the heading, substitute the following heading:
“43 Automatic repeal of certain Acts and provisions”.
Explanatory note
This amendment is consequential on other amendments of the section that change the scope of the section.
[2.5] Subsection 43 (2)—
Renumber as subsection 43 (3).
Explanatory note
This amendment provides for the consequential renumbering of a subsection.
[2.6] Section 43—
Insert the following subsection:
“(2) An appropriation Act is automatically repealed on the last day of the financial year for which it makes appropriations.”.
Explanatory note
Appropriation Acts (see definition below) operate for the financial year for which they are made and have no continuing operation after the end of the financial year for which they are made. The subsection inserted by this amendment provides for the automatic repeal of appropriation Acts on the last day of the financial year for which they make appropriations. This amendment complements the repeal of earlier appropriation and supply Acts made by Schedule 4.
[2.7] Subsection 43 (3)—
(a)Omit “subsection (1) or (2)”, substitute “this section”.
(b)Renumber as subsection 43 (5).
Explanatory note
This amendment is consequential on the other amendments of the section. It makes it clear that a repeal mentioned in new subsections (2) and (4) has the same effect as a repeal mentioned in existing subsections (1) and (2) (renumbered as subsection (3)). The amendment also provides for the consequential renumbering of the subsection.
[2.8] Section 43—
Insert the following subsection:
“(4) A commencement provision of an Act is automatically repealed on the day after all of the provisions of the Act have commenced.”.
Explanatory note
This amendment provides for the automatic repeal of a commencement provision on the day after all of the provisions of the relevant Act have commenced. The purpose of the commencement provision ends when the last provision of the Act has commenced. The effect of repealed commencement provisions is saved by the Interpretation Act 1967, section 40. Full commencement details of the original Act and each amending Act are given in the endnotes to republications.
[2.9] Subsection 43 (4)—
Renumber as subsection 43 (6).
Explanatory note
This amendment provides for the consequential renumbering of the subsection.
[2.10] Subsection 43 (5)—
(a)Insert the following definitions:
“appropriation Act—see the Financial Management Act 1996, section 3.
commencement provision, of an Act, means a provision of the Act that only provides for the commencement of the Act.”.
(b)Renumber as subsection 43 (7).
Explanatory note
This amendment inserts definitions of appropriation Act and commencement provision that are needed for the new subsections inserted into the section. The amendment also provides for the consequential renumbering of the subsection.
[2.11] Section 45—
Repeal the section, substitute the following section:
“45 Insertion of provisions by amending Act
“(1) This section applies if an Act (the amending Act) amends another Act or a subordinate law (the amended law) by inserting any of the following provisions, and does not exactly specify the position in the Act where it is to be inserted:
(a)a chapter, part, division, subdivision, section or subsection (an inserted chapter, part, division, subdivision, section or subsection);
(b)a paragraph (an inserted paragraph);
(c)a subparagraph (an inserted subparagraph);
(d)a sub-subparagraph (an inserted sub-subparagraph);
(e)a definition (an inserted definition);
(f)any other provision (a miscellaneous inserted provision).
“(2) An inserted chapter, part, division, subdivision, section or subsection is inserted in the appropriate numerical or alphanumerical position in the amended law.
“(3) An inserted paragraph is inserted in the appropriate alphabetical position in the amended law.
“(4) An inserted subparagraph is inserted in the appropriate numerical or alphanumerical position in the amended law.
“(5) An inserted sub-subparagraph is inserted in the appropriate alphabetical position in the amended law.
“(6) An inserted definition is inserted in the appropriate alphabetical position (worked out on a letter-by-letter basis) in a series of definitions in the amended law.
“(7) A miscellaneous inserted provision is inserted in the appropriate position in the amended law.
“(8) In working out the appropriate position where a provision is to be inserted in the amended law, regard may be had to the following:
(a)the provision number or letter;
(b)the heading of the relevant amending provision of the amending Act;
(c)any other amendments in the amending Act including the order of amendments;
(d)current ACT legislative drafting practice.
Examples
If a part numbered ‘3’ is to be inserted into an amended law with an existing sequence of parts ‘Part 1—Part 2—Part 4’, inserted Part 3 is inserted between Parts 2
and 4.
If a division numbered ‘2.2A’ is to be inserted into an amended law with an existing sequence of divisions in Part 2 ‘Division 2.1—Division 2.2—Division 2.3’, inserted Division 2.2A is inserted between Divisions 2.2 and 2.3.
If a section numbered ‘6AA’ is to be inserted into an amended law with an existing sequence of sections ‘section 6—section 6A—section 6B’, inserted section 6AA is inserted between sections 6A and 6B.
If a section numbered ‘7A’ is to be inserted, by an amending section headed ‘new section 7A, Division 2.2’, into an amended law with an existing sequence ‘section 7 [in Division 2.2]—Division 2.3 [heading]—section 8’, inserted section 7A is inserted between
section 7 and the heading to Division 2.3 (that is, at the end of Division 2.2).
If a section numbered ‘7A’ is to be inserted, by an amending section headed ‘new section 7A, Division 2.3’, into an amended law with an existing sequence ‘section 7 [in Division 2.2]—Division 2.3 [heading]—section 8’, inserted section 7A is inserted between the heading to Division 2.3 and section 8 (that is, at the beginning of Division 2.3).”.
Explanatory note
This amendment replaces existing section 45 (which deals with the insertion of definitions by an amending Act) with a new section setting out comprehensivedefault rules for working out the position of inserted provisions if the amended law does not specify, or does not exactly specify, that position. An amending Act may override this section by clearly indicating that an inserted provision is to be inserted in a position different from the position where it would otherwise be inserted under this section.
[2.12] New section 46A—
After section 46 insert the following section:
“46A Provisions included in another provision for amendment purposes
“(1) This section applies for the purpose of amending an Act.
“(2) The heading to a chapter, part, division, subdivision, schedule, dictionary, section or any other provision of the Act forms part of the provision to which it is a heading.
“(3) An example at the end of a provision of the Act is part of the provision unless the example is expressed in a way that indicates that it applies only to a different provision.
“(4) A note at the end of a provision of the Act is taken, for this section, to be part of the provision unless the note is expressed in a way that indicates that it applies only to another provision.
“(5) However, a note in an Act is not, for any other purpose, part of the Act.
Note Section 12 (Material that is not part of an Act) deals with the status of notes.
“(6) A penalty at the end of a subsection of the Act—
(a)is part of the subsection unless the penalty is expressed in a way that indicates that it applies only to other subsections of the section; or
(b)if the penalty is expressed in a way that indicates that it applies only to other subsections—is part of the section.
“(7) A penalty at the end of a section of the Act that is not divided into subsections is part of the section.
“(8) The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of the Act is part of the provision.
“(9) In working out whether an example or note is at the end of a provision of the Act, any penalty is to be disregarded, and, for an example, any note is to be disregarded.
Note According to current ACT legislative drafting practice, penalties, examples and notes to a provision are arranged in the following order at the end of provisions:
penalty (first)
examples
notes (last).”.
Explanatory note
This amendment inserts a new section that sets out the rules about the provisions that are included in other provisions for amendment purposes. The proposed new section articulates the practices that are currently followed in amendment Acts and subordinate laws.
[2.13] Heading to Division 7 of Part 3—
Omit the heading, substitute the following heading:
“Division 3.11—Referring to other laws”.
Explanatory note
This amendment revises the Division heading to more accurately reflect the scope of the Division and updates the Division number to bring it into line with the other Divisions of the Part.
[2.14] New section 55A—
After section 55, insert the following sections:
“55A References to laws include references to instruments under laws
“(1) In an Act or statutory instrument a reference (either generally or specifically) to an Act or statutory instrument, or to a provision of an Act or statutory instrument, includes a reference to the statutory instruments made or in force under the Act, statutory instrument or provision.
“(2) In an Act or statutory instrument a reference (either generally or specifically) to an Act, ordinance or statutory instrument of another jurisdiction, or to a provision of an Act, ordinance or statutory instrument of another jurisdiction, includes a reference to the statutory instruments made or in force under the Act, ordinance, instrument or provision.
“(3) In subsection (2):
another jurisdiction means the Commonwealth, a State or another Territory.
statutory instrument means an instrument (whether of a legislative or administrative nature) made or in force under the Act, ordinance or statutory instrument concerned.
“55B References in statutory instruments to the Act
In a statutory instrument, a reference to Act or the Act, without mentioning a particular Act, is a reference to the Act under which the instrument is made or in force.
“55C References to repealed laws
“(1) If an Act or statutory instrument refers to a law as repealed, the reference is a reference to the law as in force immediately before it was repealed.
Example
A reference to the ‘repealed XYZ Act 2000’ is a reference to the XYZ Act 2000 immediately before it was repealed.
“(2) In this section:
law means—
(a) an Act, subordinate law or statutory instrument; or
(b) a law of the Commonwealth, a State or another Territory.”.
Explanatory note
This amendment inserts 3 new sections.
Proposed section 55A (1) provides that a reference to an Act or statutory instrument, or to a provision of an Act or statutory instrument, includes a reference to the statutory instruments made or in force under the Act, instrument or provision. Proposed subsection 55A (2) makes similar provision for references to the laws of other jurisdictions. Often different parts of a legislative scheme are found in an Act and the statutory instrument (including regulations and disallowable instruments) made or in force under the Act. The proposed section will facilitate treating the different parts of a legislative scheme as a whole and simplify references to provisions.
Proposed section 55B will remove the need to include a standard definition of the Act in all regulations and disallowable instruments.
Proposed section 55C provides a way of referring to repealed laws.
[2.15] Dictionary (definition of Act, paragraph (b))—
Omit “continued”, substitute “former”.
Explanatory note
This amendment corrects a reference to a defined term.
[2.16] Dictionary (definition of body)—
Insert the following example:
A corporation sole.”.
Explanatory note
This amendment adds corporation sole as an example of a body.
[2.17] Dictionary (definition of function)—
Omit the definition, substitute the following definition:
“function includes authority, duty and power.”.
Explanatory note
This amendment adds ‘power’ to the definition of function (power is already defined to include authority and function is already defined to include duty).
The revised definition will remove the need to distinguish unnecessarily between functions and powers. A number of recent Acts already include a similar definition. If it is necessary in a particular context to distinguish between functions and powers, this can continue to be done expressly or by otherwise displacing the definition with a contrary intention.
[2.18] Dictionary—
Insert the following definitions:
“public health officer—see the Public Health Act 1997, dictionary.
see, followed by a reference to, or to a provision of, an Act, statutory instrument or document, when used to define a word, entity or anything else, means the word, entity or thing has the same meaning as it has in the provision, Act, instrument or document, as in force from time to time.
Territory owned corporation means a Territory owned corporation under the Territory Owned Corporations Act 1990.”.
Explanatory note
The dictionary contains definitions of officials, things and concepts that are used from time to time in Territory laws. Once a term is defined in the dictionary it applies to all Territory laws and does not need to be repeated in individual laws.
SCHEDULE 3(See s 4)
technical amendments
Building Act 1972
[3.1] Subsection 6 (6)—
Omit “Scaffolding and Lifts Act 1957”, substitute “Scaffolding and Lifts Act 1912”.
Explanatory note
This amendment is consequential on the repeal of the Scaffolding and Lifts Act 1957 in Schedule 5 and the continuation of substantive provisions from that Act in the Scaffolding and Lifts Act 1912.
Building Regulations
[3.2] Regulation 1—
Repeal the regulation, substitute the following regulation:
“1 Name of regulations
These regulations are the Building Regulations 1972.”.
Explanatory note
This amendment revises the name of the regulations to bring it into line with current drafting practice.
[3.3] Paragraph 15 (1) (e)—
Omit “regulations under the Scaffolding and Lifts Act 1912 of the State of New South Wales in their application in the Territory”, substitute “Scaffolding and Lifts Regulations 1950”.
Explanatory note
This amendment is consequential on the inclusion of a naming provision in the regulations under the Scaffolding and Lifts Act 1912 by Subordinate Law 1999 No 19.
[3.4] Subsection 15 (3) (definitions of chief health officer, fire commissioner and registrar of liquor licences)—
Omit the definitions.
Explanatory note
This amendment omits definitions that are not necessary because the terms are defined in the dictionary to the Interpretation Act 1967.
[3.5] Subsection 15 (3) (definition of chief inspector)—
Omit the definition, substitute the following definition:
“chief inspector—see the Scaffolding and Lifts Act 1912, dictionary.”.
Explanatory note
This amendment is consequential on amendments of the Scaffolding and Lifts Act 1912 in this Schedule.
[3.6] Paragraph 17 (c)—
Omit “regulations under the Scaffolding and Lifts Act 1912 of the State of New South Wales in their application in the Territory”, substitute “Scaffolding and Lifts Regulations 1950”.
Explanatory note
This amendment is consequential on the inclusion of a naming provision in the regulations under the Scaffolding and Lifts Act 1912 by Subordinate Law 1999 No 19.
Dangerous Goods Act 1975
[3.7] Title—
Repeal the title, substitute the following title:
“An Act relating to explosives and other dangerous substances and articles, and for related purposes”.
Explanatory note
This amendment revises the Act’s long title to take account of the current scope of the Act. The amendment is consequential on the repeal of the Dangerous Goods Act 1984 by this Act. That Act previously applied the Dangerous Goods Act 1975 (NSW) and the Dangerous Goods Regulation 1978 (NSW) as laws of the Territory. The NSW Act became an ACT Act under amendments of the Interpretation Act 1967 made by the Law Reform (Miscellaneous Provisions) Act 1999.
[3.8] Section 1—
Repeal the section, substitute the following section:
“1 Name of Act
This Act is the Dangerous Goods Act 1975.”.
Explanatory note
This amendment brings the Act’s naming provision (short title) into line with current drafting practice.
[3.9] New section 2—
After section 1 insert the following section:
“2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘director—see the Corporations Law (Cwlth), section 9.’ means that the expression ‘director’ is defined in section 9 of the Corporations Law and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).”.
Explanatory note
This amendment inserts a dictionary provision.
[3.10] Section 4 (definitions of container, convey, dangerous goods, explosive, flash point, licence, manufacture, pipeline, premises, safety cartridges, substance, vehicle and vessel)—
Relocate the definitions to the dictionary.
Explanatory note
This amendment relocates to the dictionary all relevant definitions from the Act that do not need amendment.
The definition of commissioner, court and member of the police force are no longer needed because of other amendments of the Act.
The definition of determined fee is not needed because the term is not used in the Act.
The definition of regulations is not needed because the term is defined in the dictionary to the Interpretation Act 1967.
The definitions of analyst, chief inspector, identity card, inspector and sell have replacement definitions in the dictionary inserted by this Act.
[3.11] Remainder of section 4—
Repeal the remainder of the section.
Explanatory note
This amendment is consequential on the previous amendment.
[3.12] Section 5—
Repeal the section, substitute the following section:
“3 Application and relationship of Act to other laws
“(1) This Act is additional to any other law about dangerous goods in force in the Territory.
“(2) If a provision of any other Territory law is inconsistent with a provision of this Act, the provision of this Act prevails to the extent of the inconsistency.
“(3) However, if a provision of an overriding law is inconsistent with a provision of this Act, the provision of the overriding law prevails to the extent of the inconsistency.
“(4) This Act does not apply to a member of the Defence Force acting in the course of his or her duties as a member.
“(5) This Act does not apply to the transport of dangerous goods by road.
“(6) In subsection (5):
dangerous goods does not include a substance or article declared by the regulations to be a dangerous good to which this definition applies.
transport, in relation to dangerous goods, includes—
(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
(b) the marking of packages and unit loads containing dangerous goods, and the placarding of containers and vehicles in which dangerous goods are transported; and
(c) other matters incidental to their transport.
“(7) In this section:
overriding law means—
(a) the Occupational Health and Safety Act 1989; or
(b) the Occupational Health and Safety Regulations 1991; or
(c) the Scaffolding and Lifts Act 1912; or
(d) the Scaffolding and Lifts Regulations 1950.”.
Explanatory note
This amendment remakes the section to remove redundant and NSW specific provisions and to include provisions to continue the effect of section 4 of the Dangerous Goods Act 1984. That Act is repealed by this Act.
In remaking the section, the section has been revised to make it clear that the Occupational Health and Safety Act 1989 and the Occupational Health and Safety Regulations 1991 prevail over the Dangerous Goods Act 1975 and the Dangerous Goods Regulations 1978 to the extent of any inconsistency.
[3.13] New Part 2—
After Part 1 insert the following Part:
“Part 2—Administration
“4 Chief inspector
“(1) There is a Chief Inspector of Dangerous Goods.
“(2) The chief executive must establish an office in the public service the duties of which include exercising the functions of chief inspector.
“(3) The public servant for the time being performing the duties of the public service office mentioned in subsection (2) is the chief inspector.
“5 Inspectors
“(1) The chief executive must establish 1 or more offices in the public service the duties of which include exercising the functions of an inspector.
“(2) A public servant for the time being performing the duties of a public service office mentioned in subsection (1) is an inspector.
“(3) The chief inspector is also an inspector.
“6 Analysts
“(1) The chief executive may establish 1 or more offices in the public service the duties of which include exercising the functions of an analyst.
“(2) A public servant for the time being performing the duties of a public service office mentioned in subsection (1) is an analyst.
“7 Delegation by chief inspector
The chief inspector may, in writing, delegate all or any of the functions of the chief inspector to an inspector.
“7A Identity cards
“(1) The chief executive must issue an inspector with an identity card that shows—
(a) a recent photograph of the person; and
(b) the name of the person.
“(2) A person who ceases to be an inspector must return his or her identity card to the chief executive as soon as practicable, but within 7 days, after ceasing to be an inspector.
Maximum penalty (subsection (2)): 1 penalty unit.”.
Explanatory note
This amendment inserts a provision for the appointment of analysts and continues the effect of sections 6 to 8A of the Dangerous Goods Act 1984. That Act is repealed by this Act.
[3.14] Subsection 8 (1A)—
Omit “he”, substitute “the chief inspector”.
Explanatory note
This amendment removes gender-specific language.
[3.15] Subsection 9 (1)—
Insert the following penalty at the foot of the subsection:
“Maximum penalty: 50 penalty units, imprisonment for 6 months or both.”.
Explanatory note
This amendment inserts a penalty into a subsection that contains an offence in accordance with current drafting practice.
[3.16] Subsections 9 (2) and (3)—
Omit the subsections, substitute the following subsections:
“(2) The owner of dangerous goods kept in contravention of subsection (1) also commits an offence unless the owner satisfies the court that the goods were kept in contravention of subsection (1) without the owner’s knowledge.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
“(3) The occupier of the place where dangerous goods are kept in contravention of subsection (1) also commits an offence unless the occupier satisfies the court that the goods were kept in contravention of subsection (1) without the occupier’s knowledge.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.”.
Explanatory note
This amendment brings offence provisions more into line with current drafting practice.
[3.17] Subsection 9 (4)—
Omit “under this section if he”, substitute “against this section if the person”.
Explanatory note
This amendment removes gender-specific language and brings other language into line with current drafting practice.
[3.18] Subsection 10 (1A)—
Omit “he”, substitute “the chief inspector”.
Explanatory note
This amendment removes gender-specific language.
[3.19] Paragraph 10 (2) (b) and (c)—
Omit “he” substitute “the person”.
Explanatory note
This amendment remove gender-specific language.
[3.20] Paragraph 10 (3) (b) and (c)—
After “his” insert “or her”.
Explanatory note
This amendment remove gender-specific language.
[3.21] Section 11—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.22] Section 11 (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 50 penalty units.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.23] Subsection 12 (1) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 50 penalty units.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.24] Subsection 12 (2) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.25] Section 14 (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.26] Subsection 17 (2A)—
Omit “he”, substitute “the chief inspector”.
Explanatory note
This amendment removes gender-specific language.
[3.27] Paragraph 17 (3) (b)—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.28] Paragraph 17 (4) (b) and (c)—
After “his” insert “or her”.
Explanatory note
This amendment remove gender-specific language.
[3.29] Section 18—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.30] Section 18 (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.31] Subsection 19 (1A)—
Omit “he”, substitute “the chief inspector”.
Explanatory note
This amendment removes gender-specific language.
[3.32] Paragraph 19 (2) (b) and (c)—
Omit “he”, substitute “the person”.
Explanatory note
This amendment remove gender-specific language.
[3.33] Paragraph 19 (3) (b) and (c)—
After “his” insert “or her”.
Explanatory note
This amendment remove gender-specific language.
[3.34] Subsection 20 (1)—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.35] Subsection 20 (1) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.36] Subsection 20 (2)—
Omit “he adduces”, substitute “the person presents”.
Explanatory note
This amendment removes gender-specific language and brings other language into line with current drafting practice.
[3.37] Subsection 21 (1A)—
Omit “he”, substitute “the chief inspector”.
Explanatory note
This amendment removes gender-specific language.
[3.38] Paragraph 21 (2) (b)—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.39] Paragraph 22 (b) and (c)—
After “his” insert “or her”.
Explanatory note
This amendment remove gender-specific language.
[3.40] Section 23—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.41] Section 23 (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.42] Subsection 24 (1) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.43] Subsection 24 (2)—
Omit “he adduces evidence that he”, substitute “the person presents evidence that the person”.
Explanatory note
This amendment removes gender-specific language and brings other language into line with current drafting practice.
[3.44] Paragraph 25 (1) (b)—
Omit “he,”, substitute “the person;”.
Explanatory note
This amendment removes gender-specific language.
[3.45] Subsection 25 (1) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 100 penalty units, imprisonment for 1 year or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.46] Subsection 25 (2)—
Omit “he satisfies the court that he believed on reasonable grounds that the person to whom he supplied the explosive”, substitute “the person satisfies the court that the person believed on reasonable grounds that the person to whom the explosive was supplied”.
Explanatory note
This amendment removes gender-specific language.
[3.47] Subsection 25 (3)—
After “his” insert “or her”.
Explanatory note
This amendment removes gender-specific language.
[3.48] Subsection 26 (1)—
Omit the subsection, substitute the following subsection:
“(1) A person must not possess explosives.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteSubsection 25 (3) provides that a person must not be found guilty of an offence relating to the unauthorised receipt of an explosive under subsection 25 (1) and of an offence of having the same explosive in his or her possession, control or custody under this subsection.”.
Explanatory note
This amendment substitutes a penalty in current drafting form.
[3.49] Subsection 26 (2)—
Omit “he adduces evidence, which is not rebutted by the prosecution, that”, substitute “the person presents evidence, which is not rebutted by the prosecution, that the person”.
Explanatory note
This amendment removes gender-specific language and brings other language into line with current drafting practice.
[3.50] Paragraph 26 (2) (a)—
Omit “he”.
Explanatory note
This amendment removes gender-specific language.
[3.51] Paragraphs 26 (2) (b) and (c)—
Renumber as paragraphs 26 (2) (c) and (d).
Explanatory note
This amendment renumbers paragraphs.
[3.52] Paragraph 26 (2) (aa)—
Omit the paragraph, substitute the following paragraph:
“(b)did not know that the explosives were in his or her possession; or”.
Explanatory note
This amendment remakes the paragraph to remove gender-specific language.
[3.53] Paragraphs 26 (2) (b) and (c)—
Omit “he”.
Explanatory note
This amendment removes gender-specific language.
[3.54] Part V—
Omit the heading.
Explanatory note
This amendment removes an unnecessary part heading.
[3.55] Part V, Division 1—
Omit the heading, substitute the following heading:
“Part 5—Licences and permits”.
Explanatory note
This amendment converts a division heading into a part heading.
[3.56] Subsection 27 (2)—
Omit “he is”.
Explanatory note
This amendment removes gender-specific language.
[3.57] Subsection 28 (1)—
Omit “or the regulations”.
Explanatory note
This amendment removes redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act).
[3.58] Subsection 28 (3)—
Omit “he is”.
Explanatory note
This amendment removes gender-specific language.
[3.59] Paragraph 28 (3) (a)—
Omit the paragraph, substitute the following paragraph:
“(a)the holder of the licence or permit has been convicted or found guilty of an offence against this Act or any other Commonwealth, State or Territory law (including a law of another Territory) about dangerous goods; or”.
Explanatory note
This amendment remakes a paragraph to remove a redundant reference to ‘the regulations’ (see Interpretation Act 1967, s 55A (as inserted by this Act)) and to make clear that findings of guilty without conviction and that other ACT laws are covered by the paragraph.
[3.60] Section 30—
Repeal the section, substitute the following section:
“30 Offence to lend or allow other person to use licence or permit
A person to whom a licence or permit is issued must not—
(a)lend the licence or permit to anyone else; or
(b)allow the licence or permit to be used by anyone else for a purpose for which it was issued.
Maximum penalty: 50 penalty units.”.
Explanatory note
This amendment remakes a section to bring it more closely into line with current drafting practice.
[3.61] Part V, Division 2—
Omit the heading, substitute the following heading:
“Part 6—Enforcement”.
Explanatory note
This amendment converts a division heading into a part heading.
[3.62] Subsection 31 (1)—
Omit “, or a member of the police force authorized by the Commissioner for the purpose of this section,”, substitute “or a police officer”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967) and leaves the authorisation of police officers to be dealt with administratively.
[3.63] Subsection 31 (1)—
Omit “time—”, insert “time do any of the following:”.
Explanatory note
This amendment changes the introductory words to make it clear that the inspectors powers include the powers mentioned in all or any of the paragraphs of the subsection.
[3.64] Paragraph 31 (1) (a)—
Omit “he”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.65] Paragraph 31 (1) (b)—
Omit “he suspects on reasonable grounds to be dangerous goods or an ingredient thereof or that is dangerous goods and in exercising his”, substitute “is a dangerous good or that the inspector or police officer suspects on reasonable grounds is a dangerous good or an ingredient of a dangerous good, and, in exercising his or her”.
Explanatory note
This amendment removes gender-specific language and brings other language into line with drafting practice.
[3.66] Paragraph 31 (1) (c)—
Omit “he”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.67] Paragraph 31 (1) (c)—
Omit “or the regulations”.
Explanatory note
This amendment removes redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.68] Paragraph 31 (1) (d)—
Omit “member of the police force”, substitute “police officer”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967).
[3.69] Subparagraph 31 (1) (g) (i)—
Omit “he”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.70] Subparagraph 31 (1) (g) (ii)—
Omit “him”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.71] Subparagraph 31 (1) (h)—
Omit “him”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.72] Paragraph 31 (1) (i)—
Omit “and the regulations”.
Explanatory note
This amendment removes redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.73] Paragraph 31 (1) (j)—
Omit “he”, substitute “the inspector or police officer”.
Explanatory note
This amendment removes gender-specific language.
[3.74] Subsection 31 (2)—
Omit “member of the police force believes on reasonable grounds that imminent danger to the public or to any person exists, he shall not enter a dwelling house pursuant to the power granted him”, substitute “police officer believes on reasonable grounds there is imminent danger to the public or to anyone, the inspector or police officer must not enter a house under the power given”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967), removes gender-specific language and brings other language into line with current drafting practice.
[3.75] Subsection 31 (3)—
Omit the subsection, substitute the following subsection:
“(3) An inspector or a police officer may take samples of substances or articles under paragraph (1) (b), or remove substances, articles, containers, vehicles or vessels under paragraph (1) (c), that appear to be in someone’s custody only if the inspector or police officer gives (or offers to give) the person a receipt.”.
Explanatory note
This amendment revises a subsection to substitute the term ‘police officer’, removes gender-specific language, removes an unnecessary reference to approved form and bring other language into line with current drafting practice.
[3.76] Subsection 31 (6)—
Omit “he”, substitute “the person”.
Explanatory note
This amendment removes gender-specific language.
[3.77] Paragraph 32 (1) (a)—
Omit “refuse or fail to admit an inspector in the exercise of his”, substitute “fail to admit an inspector or police officer in the exercise of his or her”.
Explanatory note
This amendment removes the redundant reference to ‘refuse’ (see Interpretation Act 1967, dict, def of fail), removes gender-specific language and extends the coverage of the paragraph to police officers. This brings the coverage of the subsection into line with sections 31 and 42.
[3.78] Paragraphs 32 (1) (b) to (e)—
After “inspector” insert “or a police officer”.
Explanatory note
This amendment extends the coverage of the paragraph to police officers (compare s 31 and s 42).
[3.79] Subsection 32 (1) (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty:
(a)for paragraph (a), (c) or (e)—50 penalty units; or
(b)for paragraph (b) or (d)—50 penalty units, imprisonment for 6 months or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.80] Paragraph 32 (2)—
Omit “member of the police force”, substitute “police officer”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967).
[3.81] Part V, Division 3—
Omit the heading.
Explanatory note
This amendment removes an unnecessary division heading.
[3.82] Section 36—
Repeal the section, substitute the following section:
“36 Acts and omissions of representatives
“(1) In this section:
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
representative means—
(a)for a corporation—an executive officer, employee or agent of the corporation; or
(b)for an individual—an employee or agent of the individual.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
“(2) This section applies to a prosecution for any offence against this Act.
“(3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
(a)the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
“(4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
“(5) An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (3) or (4).”.
Explanatory note
This amendment replaces a dated NSW provision about liability of employers for acts and omissions of employees with a current provision about acts and omissions of representatives.
[3.83] Subsection 37 (1)—
After “inspector” insert “or a police officer”.
Explanatory note
This amendment extends the coverage of the subsection to police officers (compare s 31 and s 42).
[3.84] Subsection 37 (1)—
Omit “or the regulations”.
Explanatory note
This amendment removes redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.85] Subsection 38 (1)—
Omit the subsection, substitute the following subsection:
“(1) If a court convicts a person, or finds a person guilty, of an offence against this Act, in relation to dangerous goods, the court may order the forfeiture of the goods to the Territory.”.
Explanatory note
This amendment remakes the subsection to omit redundant words, clarify the application of the subsection, extend the application of the subsection to findings of guilty and bring the language of the subsection into line with current drafting practice.
[3.86] Subsection 40 (1)—
Omit “he”, substitute “the analyst”.
Explanatory note
This amendment removes gender-specific language.
[3.87] Subsection 40 (1)—
After “his” insert “or her”.
Explanatory note
This amendment removes gender-specific language.
[3.88] Subsections 40 (1) and (2)—
Omit “or the regulations”.
Explanatory note
This amendment removes redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.89] Part V, Division 4—
Omit the heading, substitute the following heading:
“Part 7—miscellaneous”.
Explanatory note
This amendment converts a division heading into a part heading.
[3.90] Section 41 (heading)—
Omit the heading, substitute the following heading:
“49 Regulation-making power”.
Explanatory note
This amendment revises the section heading to bring it into line with current drafting practice. This section is renumbered by a later amendment as section 49.
[3.91] Subsection 41 (1)—
Omit the words before paragraph (a), substitute the following:
“(1) The Executive may make regulations for this Act.
“(2) The regulations may make provision for or with respect to—“.
Explanatory note
This amendment continues the effect of subsection 13 (1) of the Dangerous Goods Act 1984. That Act is repealed by this Act.
[3.92] Paragraph 41 (1) (j)—
Omit “and fees payable in connection therewith”.
Explanatory note
This amendment removes redundant words. Fees are determined by the Minister for the Act.
[3.93] Paragraph 41 (1) (k)—
Omit “, and the fees payable therefor”.
Explanatory note
This amendment removes redundant words. Fees are determined by the Minister for the Act.
[3.94] Paragraph 41 (1) (m)—
Omit “thereto”, substitute “to dangerous goods”.
Explanatory note
This amendment updates an archaic word in line with current drafting practice.
[3.95] Paragraphs 41 (1) (d1) to (m)—
Renumber as paragraphs 41 (1) (e) to (n).
Explanatory note
This amendment renumbers paragraphs to bring the numbering into line with current drafting practice.
[3.96] Section 41—
After subsection (1) insert the following subsection:
“(3) The regulations may create offences for contraventions of the regulations and may prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.”.
Explanatory note
This amendment continues the effect of paragraph 13 (1) (b) of the Dangerous Goods Act 1984. That Act is repealed by this Act.
[3.97] Paragraph 41 (3) (e)—
Omit “thereto”.
Explanatory note
This amendment removes an archaic word in line with current drafting practice.
[3.98] Paragraph 41 (3) (f1)—
Omit “Crown”, substitute “Territory”.
Explanatory note
This amendment brings language of the paragraph into line with current drafting practice.
[3.99] Paragraph 41 (3) (f1)—
Renumber as paragraph 41 (3) (g).
Explanatory note
This amendment renumbers a paragraph in accordance with current drafting practice.
[3.100] Subsections 41 (3) to (6)—
Renumber as subsections 41 (4) to (7).
Explanatory note
This amendment renumbers subsections.
[3.101] Section 41 as amended—
Renumber and relocate as section 49.
Explanatory note
This amendment renumbers and relocates the section.
[3.102] Part V, Division 5—
Omit the heading.
Explanatory note
This amendment removes an unnecessary division heading.
[3.103] Subsection 42 (1)—
Omit “member of the police force that he”, substitute “police officer that the inspector or police officer”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967) and removes gender-specific language.
[3.104] Subsection 42 (1)—
Omit “or the regulations”.
Explanatory note
This amendment omits redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.105] Subsection 42 (1)—
Omit “members of the police force”, substitute “police officers”.
Explanatory note
This amendment substitutes the term ‘police officer’ (which is defined in the Interpretation Act 1967).
[3.106] Subsections 43 (1) and (2) and section 44—
Omit “or the regulations”.
Explanatory note
This amendment omits redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.107] Paragraph 44 (a)—
Omit “or the regulations”.
Explanatory note
This amendment omits redundant words (see Interpretation Act 1967, s 55A (as inserted by this Act)).
[3.108] Section 44 (penalty)—
Omit the penalty, substitute the following penalty:
“Maximum penalty: 50 penalty units, imprisonment for 6 months or both.”.
Explanatory note
This amendment revises a penalty to bring it into line with current drafting practice.
[3.109] New sections 45 to 48—
After section 44 insert the following sections:
“45 Approved forms
“(1) The chief inspector may approve forms for this Act.
“(2) If the chief inspector approves a form for a particular purpose, the approved form must be used for the purpose.
“46 Determination of fees
“(1) The Minister may determine fees for this Act.
“(2) Without limiting subsection (1), a fee may be determined—
(a)by specifying the fee; or
(b)by setting a rate, or providing a formula or other method, by which the fee is to be worked out.
“(3) A determination under this section—
(a)must provide who is liable to pay a fee; and
(b)may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and
(c)may make provision about anything else relating to the fee.
“(4) A determination under this section is a disallowable instrument.
“47 Fees payable to Territory in accordance with determinations etc
“(1) A fee determined under section 46 is payable to the Territory, in relation to the relevant matter mentioned in the determination and in accordance with the determination, by the person liable to pay the fee under the determination.
“(2) A fee determined under section 46 is payable in advance unless the determination provides otherwise.
“(3) If a fee determined under section 46 is payable in advance and the amount has not been paid, the chief inspector or anyone else is not obliged to exercise a function, or provide a service or facility, in relation to which the amount is payable.
“48 Regulations may make provision about fees
“(1) The regulations may make provision with respect to the payment by cheque or credit card of any fee payable under this Act, including, for example, the consequences of a cheque not being met on presentation or a credit card transaction not being honoured.
“(2) Without limiting subsection (1), the regulations may make provision for or with respect to—
(a)the suspension, cancellation or revocation of any licence, permit, condition, document, or anything else done, given or issued under this Act if any fee payable for or in relation to it—
(i)is not paid when it is required to be paid; or
(ii)is paid by cheque and the cheque is not met on presentation; or
(iii)is paid by credit card and the credit card transaction is not honoured; or
(b)the restoration (whether prospectively or during any past period of suspension, cancellation or revocation) of any licence, permit, document, or anything else so suspended, cancelled or revoked.”.
Explanatory note
New section 45 allows the chief inspector to approve forms for the Act.
New section 46 continues the effect of section 12A of the Dangerous Goods Act 1984. That Act is repealed by this Act.
New sections 47 and 48 make provision about the payment and recovery of fees determined by the Minister.
[3.110] New Part 8—
Add at the end the following Part:
“Part 8—Transitional
“50 Existing chief inspector
The person who was the chief inspector under section 6 of the Dangerous Goods Act 1984 immediately before the commencement of this section is taken to be, on and after the commencement, the chief inspector under section 4 of this Act.
“51 Existing inspectors
A person who was an inspector under section 8 of the Dangerous Goods Act 1984 immediately before the commencement of this section is taken to be, on and after the commencement, an inspector under section 5 of this Act.
“52 Existing delegations
A delegation made under section 7 of the Dangerous Goods Act 1984 that is in force immediately before the commencement of this section is taken to be, on and after the commencement, a delegation made under section 7 of this Act.
“53 Existing identity cards
An identity card issued under section 8A of the Dangerous Goods Act 1984 that is in force immediately before the commencement of this section is taken to be, on and after the commencement, an identity card issued under section 7A of this Act.
“54 Existing fees
A determination of fees under section 12A of the Dangerous Goods Act 1984 that is in force immediately before the commencement of this section is taken to be, on and after the commencement, a determination of fees under section 46 of this Act.
“55 Existing regulations
“(1) Regulations made under section 13 of the Dangerous Goods Act 1984 that are in force immediately before the commencement of this section are taken to be, on and after that commencement, regulations made under section 49 of this Act.
“(2) To remove any doubt, the regulations made under the Dangerous Goods Act 1984 (NSW), as they are in force in the Territory immediately before the commencement of this section, are taken to be, for all purposes, regulations made under this Act.
“(3) Subsection (2) does not affect the operation of the Interpretation Act 1967, subsection 65 (1) (Certain NSW and UK Acts taken to be Acts of the Legislative Assembly).
“56 Expiry of pt 8
“(1) This Part expires 1 year after it commences.
“(2) This Part is a provision to which section 42 (Repeal does not end transitional or validity effect etc) of the Interpretation Act 1967 applies.”.
Explanatory note
This amendment provides transitional arrangements for matters in the Dangerous Goods Act 1984 that are continued in the Dangerous Goods Act 1975. The Dangerous Goods Act 1984 is repealed by this Act.
[3.111] Dictionary—
Add at the end the following dictionary:
“DICTIONARY (See s 2)
analyst means a person who is appointed as an analyst under section 6.
chief inspector means a person who is the chief inspector under section 4.
credit card includes debit card.
director—see the Corporations Law (Cwlth), section 9.
Note Section 9 of the Corporations Law (Cwlth) defines director, of a company or other body, as the following:
(a) a person who—
(i) is appointed to the position of a director; or
(ii) is appointed to the position of an alternate director and is acting in that capacity;
regardless of the name that is given to their position; and
(b) unless the contrary intention appears, a person who is not validly appointed as a director if—
(i) they act in the position of a director; or
(ii) the director of the company or body is accustomed to act in accordance with the person's instructions or wishes.
Under the Corporations Law, subparagraph (b) (ii) does not apply merely because the directors act on advice given by the person in the proper performance of functions attaching to the person’s professional capacity, or the person’s business relationship with the director or the company or body.
identity card means an identity card issued under section 7A.
inspector means a person who is an inspector under section 5.
permit means a permit under this Act.
sell includes—
(a) offer for sale; and
(b) expose for sale; and
(c) barter (or offer or expose for barter); and
(d) exchange (or offer or expose for exchange); and
(e) supply for value (or offer or expose for supply for value); and
(f) supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain.”.
Explanatory note
This amendment creates a dictionary in accordance with current drafting practice and includes all relevant definitions in the Act that require technical or consequential amendment. The definition of credit card is a new consequential definition.
[3.112] Renumbering of divisions
In the next reprint of the Dangerous Goods Act 1975 under the Legislation (Republication) Act 1996, the divisions of the Dangerous Goods Act 1975 must be renumbered as permitted under section 13 of the Legislation (Republication) Act 1996.
Explanatory note
This provision provides for the renumbering of the divisions of the Dangerous Goods Act 1975 in accordance with current drafting practice.
Dangerous Goods Regulations 1978
[3.113] Subregulation 4 (1) (definition of chief inspector)—
Omit the definition, substitute the following definition:
“chief inspector—see the Act, dictionary.”.
Explanatory note
This amendment is consequential on the repeal of the Dangerous Goods Act 1984 and the relocation of provisions of that Act to the Dangerous Goods Act 1975.
[3.114] Subregulation 4 (1) (definition of city)—
Omit the definition, substitute the following definition:
“city means the city area.”.
Note City area is defined in the Interpretation Act 1967, dictionary.”.
Explanatory note
This amendment updates a definition.
[3.115] Subregulation 4 (1) (definitions of contravene and financial year)—
Omit the definitions.
Explanatory note
This amendment omits redundant definitions (see Interpretation Act 1967, dictionary, defs of contravene and financial year).
[3.116] Subregulation 4 (1) (definition of inspector)—
Omit the definition, substitute the following definition:
“inspector—see the Act, dictionary.”.
Explanatory note
This amendment is consequential on the repeal of the Dangerous Goods Act 1984 and the relocation of provisions of that Act to the Dangerous Goods Act 1975.
[3.117] Subregulation 4 (1) (definitions of public hall and theatre)—
Omit the definitions.
Explanatory note
This amendment is consequential on the repeal of the Theatres and Public Halls Act 1928 by this Act. The terms public hall and theatre will carry their normal dictionary meanings in the regulations.
[3.118] Regulation 6—
Insert “the Act and” before “this Division”.
Explanatory note
This amendment is consequential on the remaking of existing regulation 7 by this Schedule.
[3.119] Regulation 7—
Repeal the regulation, substitute the following regulation:
“7 Making of application
An application mentioned in regulation 6 is made by giving it to the chief inspector.”.
Explanatory note
This amendment revises the regulation consequentially on the inclusion in the Act of a section (section 45) about approved forms.
[3.120] Part 2, Division 2—
Repeal the Division.
Explanatory note
This amendment omits provisions about determined fees made redundant by amendments of the Act.
[3.121] Subregulation 16A (1)—
Omit “subsection 4 (4) of the Dangerous Goods Act 1984”, substitute “subsection 3 (6) of the Act.”.
Explanatory note
This amendment is consequential on the repeal of the Dangerous Goods Act 1984 and the relocation of provisions of that Act to the Dangerous Goods Act 1975.
[3.122] Subregulation 16A (2)—
Omit the subregulation, substitute the following subregulation:
“(2) In this regulation:
ADG Code—see the Road Transport Reform (Dangerous Goods) Regulations 1997 (Cwlth), dictionary.”.
Explanatory note
This amendment updates a definition.
[3.123] Regulation 65G—
Repeal the regulation.
Explanatory note
This amendment omits a regulation made redundant by the inclusion in the Act of provisions about approved forms and determined fees and the provisions of the Interpretation Act 1967 about forms (see s 13).
[3.124] Renumbering of divisions—
In the next reprint of the Dangerous Goods Regulations 1978 under the Legislation (Republication) Act 1996, the divisions of the Dangerous Goods Regulations 1978 must be renumbered as permitted under section 13 of the Legislation (Republication) Act 1996.
Explanatory note
This provision provides for the renumbering of the divisions of the Dangerous Goods Regulations 1978 in accordance with current drafting practice.
Financial Management Act 1996
[3.125] Subsection 3 (1) (definition of financial management guidelines)—
Omit the definition, substitute the following definition:
“financial management guidelines means the financial management guidelines under this Act.”.
Explanatory note
This amendment updates a definition to take account of amendments made by the Financial Management Amendment Act 2000.
Firearms Regulations
[3.126] Regulation 1—
Repeal the regulation, substitute the following regulation:
“1 Name of regulations
These regulations are the Firearms Regulations 1997.”.
Explanatory note
This amendment revises the name of the regulations to bring it into line with current drafting practice.
[3.127] Regulation 2—
Repeal the regulation.
Explanatory note
This amendment repeals a spent commencement provision.
[3.128] Paragraph 4 (b)—
Omit “regulations under the Scaffolding and Lifts Act 1912”, substitute “Scaffolding and Lifts Regulations 1950”.
Explanatory note
This amendment is consequential on the inclusion of a naming provision in the regulations under the Scaffolding and Lifts Act 1912 by Subordinate Law 1999 No 19.
[3.129] Subregulation 44 (1)—
Omit “1984”, substitute “1975”.
Explanatory note
This amendment is consequential on the repeal of the Dangerous Goods Act 1984 by this Act and the continuation of substantive provisions from that Act in the Dangerous Goods Act 1975.
Nature Conservation Act 1980
[3.130] Sections 1, 2, and 3—
Repeal the sections, substitute the following sections:
“1 Name of Act
This Act is the Nature Conservation Act 1980.
“2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the expression ‘motor vehicle’ is defined in the dictionary to that Act and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
“3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Interpretation Act 1967, ss 12 (1), (4) and (5) for the legal status of notes.”.
Explanatory notes
New section 1 revises the Act’s naming provision (short title) in accordance with current drafting practice.
New sections 2 and 3 are standard provisions explaining the status of the dictionary and notes and the operation of definitions. The existing interpretation section is replaced by a dictionary by other amendments.
[3.131] Section 5 (definitions of built-up area, motor vehicle, pest animal, pest plant, Plan, reserved area and wilderness area)—
Omit the definitions.
Explanatory note
This amendment omits definitions that are no longer used, or that have been amended and now form part of the dictionary.
The definition of Plan is no longer needed because all references in the Act to ‘Plan’ have been replaced by ‘Territory plan’ by other amendments. A definition of ‘Territory plan’ is being inserted into the Interpretation Act 1967 by an amendment in the Statute Law Amendment Act 2000.
[3.132] Section 5—
Relocate all the definitions (except the definitions of built-up area, motor vehicle, pest animal, pest plant, Plan, reserved area and wilderness area) to the dictionary.
Explanatory note
This amendment relocates to the dictionary all definitions from the existing interpretation section that are still needed and do not need revision. The dictionary is inserted by a later amendment in this Schedule.
Revised definitions of built-up area, motor vehicle, pest animal, pest plant, reserved area, and wilderness area are included in the dictionary by the amendment that inserts the dictionary.
| Supply Act 1989-90 Act 1989 No 1 |
| Appropriation Act 1989-90 Act 1989 No 25 |
| Supply Act 1990-91 Act 1990 No 12 |
| Appropriation Act 1990-91 Act 1990 No 45 |
| Supply Act 1991-92 Act 1991 No 26 |
| Appropriation Act 1991-92 Act 1991 No 80 |
| Appropriation (Amendment) Act 1991 Act 1991 No 99 |
| Supply Act 1992-93 Act 1992 No 25 |
| Appropriation Act 1992-93 Act 1992 No 69 |
| Supply Act 1993-94 Act 1993 No 35 |
| Appropriation (ACT Forests Trust Account) Act 1993 Act 1993 No 69 |
| Appropriation Act 1993-94 Act 1993 No 81 |
| Supply Act 1994-95 Act 1994 No 27 |
| Appropriation Act 1994-95 Act 1994 No 43 |
| Supply Act 1995-96 Act 1995 No 11 |
| Appropriation Act 1995-96 Act 1995 No 44 |
| Appropriation Act (No 2) 1995-96 Act 1996 No 20 |
| Appropriation Act 1996-97 Act 1996 No 55 |
| Appropriation Act 1997-98 Act 1997 No 32 |
| Appropriation Act 1998-99 Act 1998 No 33 |
| Appropriation Act 1999-2000 Act 1999 No 36 |
| Appropriation (Bruce Stadium and CanDeliver Limited) Act 1999 Act 1999 No 44 |
| Appropriation Act 1999-2000 (No 2) Act 1999 No 49 |
| Appropriation Act 1999-2000 (No 3) Act 2000 No 29 |
SCHEDULE 5(See s 6)
repeal of REDUNDANT OR obsolete subordinate LAWS
Part 5.1—AMENDING AND REPEALING SUBORDINATE LAWS
Explanatory note for pt 5.1
The subordinate laws repealed by this Part are amending or repealing subordinate laws made before 1 January 2000.
The purpose of the subordinate laws in this Part ended when the last of their amending or repealing provisions commenced. The effect of repealed amending and repealing subordinate laws is preserved by the Interpretation Act 1967, section 39 (as applied by the Subordinate Laws Act 1989, s 9).
Some of the subordinate laws repealed by this Part contain substantive provisions (that is, non-amending or repealing provisions). The substantive provisions are usually application or savings provisions. The substantive provisions are given in brackets at the end of each relevant subordinate law reference (eg ‘(reg 5)’).
Subsection 43 (1) of the Interpretation Act 1967 (as applied by the Subordinate Laws Act 1989, s 9) saves the effect of transitional provisions that are repealed. In the few cases in which there is any doubt about the ongoing operation of the provisions, their effect has been saved by the application of the Interpretation Act 1967, subsection 42 (2) (see subclause 5 (3) of this Bill).
The repeal of the subordinate laws in this Part will not, therefore, affect any residual operation that they may have.
The repeal of the pre-1 January 2000 subordinate laws by this Part complements a provision included in the Interpretation Act 1967 last year that provides for the automatic repeal of amending and repealing subordinate laws when all their provisions have commenced (see s 43, as applied by the Subordinate Laws Act 1989, s 9).
When the repeal of the remaining pre-1 January 2000 amending and repealing subordinate laws is completed, it will be easier for users of ACT legislation to be certain they have found all legislation on a particular topic.
| Amendment of Meat Regulations 1920, made 9 December 1920 |
| Amendment of Meat Regulations, made 19 August 1931 |
| Amendment of Meat Regulations, made 1 March 1932 |
| Amendment of Court of Petty Sessions Rules, made 26 November 1932 |
| Amendment of Meat Regulations, made 2 January 1934 |
| Amendment of Meat Regulations, made 25 March 1936 |
| Amendment of Registrar of Titles (Office Hours) Regulations, made 2 December 1937 |
| Amendment of Court of Petty Sessions Rules, made 17 December 1937 |
| Amendment of Plant Diseases Regulations, made 14 April 1938 (reg 5) |
| Amendment of Meat Regulations, made 15 December 1938 |
| Amendment of Plant Diseases Regulations, made 16 December 1938 (reg 5 (2)) |
| Amendment of Recreation Reserve Regulations, made 19 December 1938 |
| Amendment of Pounds Regulations, made 15 March 1939 |
| Amendment of Careless Use of Fire Regulations 1942 No 3 |
| Amendments of Canberra Public Cemetery Regulations 1942 No 5 |
| Amendment of Canberra Public Cemetery Regulations 1943 No 6 |
| Amendment of Meat Regulations 1945 No 1 |
| Amendment of Court of Petty Sessions Rules 1950 No 2 |
| Amendments of Canberra Public Cemetery Regulations 1950 No 4 |
| Amendment of Meat Regulations 1931 1953 No 5 |
| Amendments of Court of Petty Sessions Rules 1953 No 15 |
| Amendments of Canberra Public Cemetery Regulations 1955 No 4 |
| Amendments of Plant Diseases Regulations 1955 No 5 |
| Amendments of Plant Diseases Regulations 1957 No 4 |
| Amendments of Court of Petty Sessions Rules 1958 No 9 |
| Amendments of Pounds Regulations 1959 No 6 |
| Amendments of Boilers and Pressure Vessels Regulations 1959 No 17 |
| Amendments of Canberra Public Cemetery Regulations 1959 No 18 |
| Amendments of Plant Diseases Regulations 1959 No 20 |
| Amendments of Pounds Regulations 1959 No 22 |
| Amendments of Workmen’s Compensation Regulations 1959 No 25 |
| Amendment of Fire Brigades Regulations 1960 No 5 |
| Amendment of Court of Petty Sessions Rules 1960 No 7 |
| Amendments of Canberra Public Cemetery Regulations 1961 No 9 |
| Amendments of Poisons Regulations 1963 No 2 |
| Amendments of Court of Petty Sessions Rules 1965 No 9 (reg 3) |
| Amendments of Canberra Public Cemetery Regulations 1966 No 1 |
| Amendments of Pounds Regulations 1966 No 3 |
| Amendments of Court of Petty Sessions Rules 1967 No 2 |
| Amendments of Canberra Public Cemetery Regulations 1968 No 4 |
| Amendments of Court of Petty Sessions Rules 1968 No 9 (reg 4) |
| Amendment of Workmen’s Compensation Rules 1968 No 12 |
| Amendment of Inspection of Machinery Regulations 1969 No 1 |
| Amendments of Fire Brigades Regulations 1969 No 2 |
| Amendments of Court of Petty Sessions Rules 1969 No 4 (reg 1) |
| Amendment of Workmen’s Compensation Regulations 1969 No 6 |
| Amendment of Public Baths and Public Bathing Regulations 1969 No 9 |
| Amendments of Meat Regulations 1931 1970 No 3 |
| Amendment of Surveyors (Examination and Registration) Regulations 1970 No 4 (reg 2) |
| Amendment of Court of Petty Sessions Rules 1970 No 7 |
| Amendment of Canberra Public Cemetery Regulations 1970 No 9 |
| Amendments of Canberra Public Cemetery Regulations 1971 No 2 |
| Amendment of Public Baths and Public Bathing Regulations 1971 No 3 |
| Amendments of Meat Regulations 1971 No 14 |
| Amendments of Maintenance Regulations 1972 No 2 |
| Amendment of Juries Fees Regulations 1974 No 4 |
| Amendments of Building Regulations 1974 No 5 |
| Amendment of Court of Petty Sessions Rules 1974 No 12 |
| Amendments of Canberra Public Cemetery Regulations 1974 No 22 |
| Amendment of Inspection of Machinery Regulations 1974 No 23 |
| Amendments of Fire Brigades Regulations 1974 No 31 |
| Amendments of Building Regulations 1975 No 3 |
| Amendments of Boilers and Pressure Vessels Regulations 1975 No 8 |
| Amendments of Canberra Public Cemetery Regulations 1975 No 9 |
| Amendments of Surveyors (Examination and Registration) Regulations 1975 No 10 |
| Amendments of Inspection of Machinery Regulations 1975 No 21 |
| Amendments of Recreation Reserve Regulations 1975 No 26 |
| Amendments of Meat Regulations 1975 No 31 |
| Amendment of Business Names Regulations 1976 No 10 |
| Amendments of Canberra Public Cemetery Regulations 1976 No 13 |
| Amendments of Business Names Regulations 1976 No 19 |
| Amendments of Meat Regulations 1976 No 20 |
| Amendments of Poisons Regulations 1976 No 22 |
| Amendments of Poisons Regulations 1977 No 4 |
| Amendments of Court of Petty Sessions Rules 1977 No 7 (reg 1) |
| Amendments of Business Names Regulations 1977 No 20 |
| Amendments of Building Regulations 1978 No 2 |
| Amendment of Remand Centres Regulations 1978 No 3 |
| Amendments of Surveyors (Examination and Registration) Regulations 1978 No 5 |
| Amendments of Plant Diseases Regulations 1978 No 6 |
| Amendments of Meat Regulations 1978 No 16 |
| Amendments of Poisons Regulations 1979 No 3 |
| Amendment of Schools Authority Regulations 1979 No 7 |
| Amendments of Pounds Regulations 1979 No 13 |
| Amendments of Canberra Public Cemetery Regulations 1979 No 15 |
| Amendments of Building Regulations 1979 No 18 |
| Amendments of Meat Regulations 1979 No 21 |
| Regulations to revise regulations in force under Ordinances of the ACT 1979 No 26 |
| Regulations to repeal certain Regulations and to revise certain Regulations in force under the Ordinances of the ACT 1980 No 3 |
| Amendments of Court of Petty Sessions Rules 1980 No 5 (reg 3) |
| Regulations to amend Regulations 1980 No 3 1980 No 14 |
| Amendments of Plant Diseases Regulations 1981 No 7 |
| Canberra Public Cemeteries Regulations (Amendment) 1981 No 17 (reg 4) |
| Amendments of Building Regulations 1981 No 22 |
| Public Baths and Public Bathing Regulations (Amendment) 1982 No 14 |
| Surveyors (Examination and Registration) Regulations (Amendment) 1982 No 15 |
| Business Names Regulations (Amendment) 1982 No 16 |
| Canberra Public Cemeteries Regulations (Amendment) 1982 No 29 |
| Workmen’s Compensation Rules (Amendment) 1982 No 32 |
| Boilers and Pressure Vessels Regulations (Amendment) 1982 No 33 |
| Building Regulations (Amendment) 1982 No 34 |
| Sale of Motor Vehicles Regulations (Amendment) 1982 No 39 |
| Juries Fees Regulations (Amendment) 1982 No 46 |
| Instruments Regulations (Repeal) 1982 No 47 |
| Careless Use of Fire Regulations (Amendment) 1982 No 49 |
| Building Regulations (Amendment) 1983 No 7 |
| Boilers and Pressure Vessels Regulations (Amendment) 1983 No 11 |
| Pounds Regulations (Amendment) 1983 No 17 |
| Sale of Motor Vehicles Regulations (Amendment) 1983 No 18 |
| Nature Conservation Regulations (Amendment) 1983 No 20 |
| Remand Centres Regulations (Amendment) 1983 No 24 |
| Workmen’s Compensation Regulations (Amendment) 1983 No 26 |
| Medical Practitioners Registration Regulations (Repeal) 1984 No 9 |
| Canberra Public Cemeteries Regulations (Amendment) 1984 No 10 |
| Veterinary Surgeons Registration Regulations (Repeal) 1984 No 13 |
| Surveyors (Examination and Registration) Regulations (Amendment) 1984 No 16 |
| Dental Regulations (Repeal) 1984 No 17 |
| Plumbers, Drainers and Gasfitters Regulations (Repeal) 1984 No 19 |
| Building Regulations (Amendment) 1984 No 26 |
| Agents Regulations (Repeal) 1985 No 3 |
| Pharmacy Regulations (Repeal) 1985 No 4 |
| Meat Regulations (Amendment) 1985 No 15 |
| Electricity Regulations (Amendment) 1985 No 23 |
| Canberra Public Cemeteries Regulations (Amendment) 1985 No 25 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1986 No 3 (reg 2) |
| Inspection of Machinery Regulations (Amendment) 1986 No 5 |
| Inspection of Machinery Regulations (Amendment) 1986 No 8 |
| Regulations under the Scaffolding and Lifts Act, 1912 of the State of New South Wales in their application to the Territory (Amendment) 1986 No 9 |
| Motor Omnibus Fares Regulations (Repeal) 1986 No 14 |
| Optometrists Regulations (Repeal) 1986 No 16 |
| Credit Regulations (Amendment) 1986 No 17 |
| Credit Regulations (Amendment) 1986 No 18 |
| Credit Regulations (Amendment) 1986 No 19 |
| Liquor Regulations (Amendment) 1986 No 20 |
| Bookmakers Regulations (Amendment) 1986 No 21 |
| Long Service Leave (Building and Construction Industry) Regulations (Amendment) 1986 No 22 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1986 No 26 |
| Legal Practitioners Regulations (Repeal) 1986 No 27 |
| Magistrates Court Rules (Amendment) 1987 No 1 (reg 2) |
| Juries Fees Regulations (Amendment) 1987 No 3 |
| Credit Regulations (Amendment) 1987 No 4 |
| Liquor Regulations (Amendment) 1987 No 8 |
| Remand Centres Regulations (Amendment) 1987 No 9 |
| Building Regulations (Amendment) 1987 No 11 |
| Gaming Machine Regulations (Amendment) 1987 No 13 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1987 No 14 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1988 No 1 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1988 No 2 |
| Meat Regulations (Amendment) 1988 No 4 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1988 No 5 |
| Electricity Regulations (Amendment) 1988 No 9 |
| Meat Regulations (Amendment) 1988 No 11 |
| Poisons Regulations (Amendment) 1988 No 13 (reg 3) |
| Magistrates Court Rules (Amendment) 1988 No 15 |
| Long Service Leave (Building and Construction Industry) Regulations (Amendment) 1988 No 16 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1988 No 19 |
| Gaming Machine Regulations (Amendment) 1988 No 20 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1988 No 24 (reg 5) |
| Building Regulations (Amendment) 1988 No 25 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1989 No 3 |
| Poisons Regulations (Amendment) 1989 No 5 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1989 No 7 |
| Magistrates Court Rules (Amendment) 1989 No 16 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1989 No 19 |
| Workmen’s Compensation Rules (Amendment) 1990 No 5 |
| Credit Regulations (Amendment) 1990 No 9 |
| Building Regulations (Amendment) 1990 No 12 |
| Electricity Regulations (Amendment) 1990 No 14 |
| Gaming Machine Regulations (Amendment) 1990 No 19 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1990 No 20 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 1 |
| Liquor Regulations (Amendment) 1991 No 2 |
| Ombudsman Regulations (Amendment) 1991 No 4 |
| Financial Institutions Duty Regulations (Amendment) 1991 No 5 |
| Public Baths and Public Bathing Regulations (Amendment) 1991 No 6 |
| Occupational Health and Safety Regulations (Amendment) 1991 No 13 |
| Magistrates Court Rules (Amendment) 1991 No 14 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 17 |
| Magistrates Court Rules (Amendment) 1991 No 20 |
| Financial Institutions Duty Regulations (Amendment) 1991 No 22 |
| Building Regulations (Amendment) 1991 No 23 |
| Credit Regulations (Amendment) 1991 No 25 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 35 |
| Workers’ Compensation Rules (Amendment) 1991 No 37 |
| Workers’ Compensation Regulations (Amendment) 1991 No 38 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1992 No 11 |
| Supreme Court Rules (Amendment) 1992 No 16 |
| Land (Planning and Environment) Regulations (Amendment) 1992 No 19 |
| Financial Institutions Duty Regulations (Amendment) 1992 No 20 |
| Supreme Court Rules (Amendment) 1992 No 21 |
| Supreme Court Rules (Amendment) 1992 No 23 |
| Financial Institutions Duty Regulations (Amendment) 1992 No 29 |
| Building Regulations (Amendment) 1992 No 33 |
| Supreme Court Rules (Amendment) 1992 No 34 |
| Supreme Court Rules (Amendment) 1992 No 35 |
| Fire Brigade (Administration) Regulations (Amendment) 1993 No 1 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1993 No 2 |
| Land (Planning and Environment) Regulations (Amendment) 1993 No 3 |
| Supreme Court Rules (Amendment) 1993 No 4 |
| Land (Planning and Environment) Regulations (Amendment) 1993 No 5 |
| Self-Government (Transitional Provisions) Regulations (Amendment) 1993 No 10 |
| Supreme Court Rules (Amendment) 1993 No 11 |
| Supreme Court Rules (Amendment) 1993 No 20 |
| Supreme Court Rules (Amendment) 1993 No 22 |
| Supreme Court Rules (Amendment) 1993 No 23 |
| Supreme Court Rules (Amendment) 1993 No 28 |
| Land (Planning and Environment) Regulations (Amendment) 1993 No 29 |
| Supreme Court Rules (Amendment) 1993 No 30 |
| Supreme Court Rules (Amendment) 1993 No 35 |
| Boxing Control Regulations (Amendment) 1993 No 36 |
| Medical Practitioners (Advertising) Regulations (Amendment) 1993 No 38 |
| Boxing Control Regulations (Amendment) 1993 No 40 |
| Gaming Machine Regulations (Amendment) 1993 No 41 |
| Liquor Regulations (Amendment) 1993 No 44 |
| Electricity and Water Regulations (Amendment) 1993 No 45 |
| Supreme Court Rules (Amendment) 1993 No 46 |
| Land (Planning and Environment) Regulations (Amendment) 1993 No 47 |
| Bushfire Regulations (Amendment) 1993 No 51 |
| Land (Planning and Environment) Regulations (Amendment) 1993 No 53 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1994 No 1 |
| Supreme Court Rules (Amendment) 1994 No 2 |
| Casino Control Regulations (Amendment) 1994 No 3 |
| Land (Planning and Environment) Regulations (Amendment) 1994 No 5 |
| Credit Regulations (Amendment) 1994 No 6 |
| Regulations Revision Regulations 1994 No 7 |
| Door-to-Door Trading Regulation (Amendment) 1994 No 8 |
| Long Service Leave (Building and Construction Industry) Regulations (Amendment) 1994 No 9 |
| Boxing Control Regulations (Amendment) 1994 No 10 |
| Electoral Regulations (Amendment) 1994 No 16 |
| Supreme Court Rules (Amendment) 1994 No 17 |
| Supreme Court Rules (Amendment) 1994 No 20 |
| Supreme Court Rules (Amendment) 1994 No 21 |
| Land (Planning and Environment) Regulations (Amendment) 1994 No 22 |
| Boxing Control Regulations (Amendment) 1994 No 23 |
| Bookmakers Regulations (Amendment) 1994 No 25 |
| Crown Proceedings Regulations (Amendment) 1994 No 26 |
| Poisons and Drugs Regulations (Amendment) 1994 No 31 |
| Physiotherapists Registration Regulations (Repeal) 1994 No 32 |
| Credit Regulations (Amendment) 1994 No 33 |
| Supreme Court Rules (Amendment) 1994 No 34 |
| Electoral Regulations (Amendment) 1994 No 39 |
| Liquor Regulations (Amendment) 1994 No 40 |
| Land (Planning and Environment) Regulations (Amendment) 1994 No 41 |
| Supreme Court Rules (Amendment) 1994 No 42 |
| Bail Regulations (Amendment) 1994 No 43 |
| Casino Control Regulations (Amendment) 1994 No 45 |
| Electoral Regulations (Amendment) 1995 No 4 |
| Land (Planning and Environment) Regulations (Amendment) 1995 No 7 |
| Juries Fees Regulations (Amendment) 1995 No 8 |
| Liquor Regulations (Amendment) 1995 No 10 |
| Supreme Court Rules (Amendment) 1995 No 11 |
| Supreme Court Rules (Amendment) 1995 No 12 |
| Supreme Court Rules (Amendment) 1995 No 13 |
| Boxing Control Regulations (Amendment) 1995 No 17 |
| Land (Planning and Environment) Regulations (Amendment) 1995 No 18 |
| Supreme Court Rules (Amendment) 1995 No 19 |
| Land (Planning and Environment) Regulations (Amendment) 1995 No 20 |
| Poisons and Drugs Regulations (Amendment) 1995 No 22 |
| Rates and Land Tax Regulations (Repeal) 1995 No 25 |
| Supreme Court Rules (Amendment) 1995 No 27 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1995 No 28 |
| Drugs of Dependence Regulations (Amendment) 1995 No 29 |
| Motor Omnibus Regulations (Amendment) 1995 No 30 |
| Boxing Control Regulations (Amendment) 1995 No 32 |
| Land (Planning and Environment) Regulations (Amendment) 1995 No 36 |
| Boxing Control Regulations (Amendment) 1995 No 38 |
| Liquor Regulations (Amendment) 1995 No 43 |
| Supreme Court Rules (Amendment) 1995 No 44 |
| Electoral Regulations (Amendment) 1995 No 45 |
| Animal Welfare Regulations (Amendment) 1995 No 48 |
| Liquor Regulations (Amendment) 1996 No 1 |
| Building Regulations (Amendment) 1996 No 3 |
| Supreme Court Rules (Amendment) 1996 No 4 |
| Boxing Control Regulations (Amendment) 1996 No 6 |
| Dangerous Goods (Exemption) Regulations (Amendment) 1996 No 7 |
| Regulations Revision (Penalties) Regulations 1996 No 8 |
| Supreme Court Rules (Amendment) 1996 No 10 |
| Supreme Court Rules (Amendment) 1996 No 11 |
| Supreme Court (Remuneration and Allowances) Regulations (Amendment) 1996 No 14 |
| Land (Planning and Environment) Regulations (Amendment) 1996 No 20 |
| Land (Planning and Environment) Regulations (Amendment) 1996 No 21 |
| Supreme Court Rules (Amendment) 1996 No 22 |
| Liquor Regulations (Amendment) 1996 No 23 |
| Drugs of Dependence Regulations (Amendment) 1996 No 26 |
| Supreme Court Rules (Amendment) 1996 No 27 |
| Gaming Machine Regulations (Amendment) 1996 No 28 |
| Liquor Regulations (Amendment) 1996 No 29 |
| Casino Control Regulations (Amendment) 1996 No 30 |
| Supreme Court Rules (Amendment) 1996 No 31 |
| Remand Centres Regulations (Amendment) 1996 No 34 |
| Bookmakers Regulations (Amendment) 1997 No 1 |
| Liquor Regulations (Amendment) 1997 No 3 |
| Liquor Regulations (Amendment) 1997 No 4 |
| Electoral Regulations (Amendment) 1997 No 5 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1997 No 6 |
| Land (Planning and Environment) Regulations (Amendment) 1997 No 7 (reg 3, reg 5 (2) and (3)) |
| Supreme Court Rules (Amendment) 1997 No 8 |
| Supreme Court Rules (Amendment) 1997 No 9 |
| Dangerous Goods (Exemption) Regulations (Amendment) 1997 No 14 |
| Land (Planning and Environment) Regulations (Amendment) 1997 No 16 (reg 16) |
| Supreme Court Rules (Amendment) 1997 No 20 |
| Supreme Court (Remuneration and Allowances) Regulations (Amendment) 1997 No 21 |
| Bushfire Regulations (Amendment) 1997 No 22 |
| Liquor Regulations (Amendment) 1997 No 24 |
| Liquor Regulations (Amendment) 1997 No 25 |
| Electoral Regulations (Amendment) 1997 No 28 |
| Building Regulations (Amendment) 1997 No 29 |
| Supreme Court Rules (Amendment) 1997 No 30 |
| Supreme Court Rules (Amendment) 1997 No 31 |
| Supreme Court Rules (Amendment) 1997 No 33 |
| Electoral Regulations (Amendment) 1997 No 34 |
| Fair Trading Regulations (Amendment) 1997 No 37 |
| Supreme Court Rules (Amendment) 1997 No 38 |
| Workers’ Compensation Regulations (Amendment) 1997 No 39 |
| Workers’ Compensation Rules (Amendment) 1997 No 40 |
| Liquor Regulations (Amendment) 1997 No 41 |
| Supreme Court Rules (Amendment) 1997 No 43 |
| Electricity Regulations (Amendment) 1998 No 1 |
| Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations (Amendment) 1998 No 2 |
| Fair Trading Regulations (Amendment) 1998 No 3 |
| Firearms Regulations (Amendment) 1998 No 5 |
| Liquor Regulations (Amendment) 1998 No 7 |
| Bushfire Regulations (Amendment) 1998 No 8 |
| Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1998 No 10 |
| Liquor Regulations (Amendment) 1998 No 11 |
| Fair Trading Regulations (Amendment) 1998 No 12 |
| Fair Trading Regulations (Amendment) 1998 No 13 |
| Dangerous Goods (Exemption) Regulations (Amendment) 1998 No 14 |
| Canberra Public Cemeteries Regulations (Amendment) 1998 No 18 |
| Drugs of Dependence Regulations (Amendment) 1998 No 20 |
| Land (Planning and Environment) Regulations (Amendment) 1998 No 21 |
| Supreme Court Rules (Amendment) 1998 No 23 |
| Rates and Land Rent (Relief) Regulations (Amendment) 1998 No 25 |
| Land (Planning and Environment) Regulations (Amendment) 1998 No 32 |
| Financial Institutions Duty Regulations (Amendment) 1998 No 33 |
| Liquor Regulations (Amendment) 1998 No 34 |
| Supreme Court Rules (Amendment) 1998 No 35 |
| Liquor Regulations (Amendment) 1998 No 37 |
| Litter Regulations (Amendment) 1998 No 39 |
| Building Regulations (Amendment) 1998 No 40 |
| Liquor Regulations (Amendment) 1998 No 41 |
| Public Health (Medical and Dental Inspection of School Children) Regulations (Repeal) 1998 No 42 |
| Firearms Regulations (Amendment) 1999 No 1 |
| Electricity Regulations (Amendment) 1999 No 4 |
| Dangerous Goods (Exemption) Regulations (Amendment) 1999 No 5 |
| Dangerous Goods Regulation (Amendment) 1999 No 7 |
| Liquor Regulations (Amendment) 1999 No 8 |
| Fair Trading Regulations (Amendment) 1999 No 9 |
| Fair Trading Regulations (Amendment) 1999 No 11 |
| Taxation Administration Transitional Regulations 1999 No 12 |
| Firearms Regulations (Amendment) 1999 No 17 |
| Food Regulations Amendment 1999 No 18 |
| Scaffolding and Lifts Regulations Amendment 1999 No 19 |
| Dangerous Goods Regulation (Amendment) 1999 No 20 |
| Occupational Health and Safety Regulations Amendment 1999 No 21 |
| Maternal Health Information Regulations Amendment 1999 No 23 |
| Mediation Regulations Amendment 1999 No 24 |
| Liquor Regulations (Amendment) 1999 No 25 |
| Supreme Court Rules Amendment 1999 No 26 |
| Fair Trading Regulations Amendment 1999 No 27 |
| Epidemiological Studies (Confidentiality) Regulations Amendment 1999 No 28 |
| Liquor Regulations (Amendment) 1999 No 29 |
| Land (Planning and Environment) Regulations Amendment 1999 No 31 |
| Motor Vehicle (Third Party Insurance) Regulations Amendment 1999 No 32 |
| Land (Planning and Environment) Regulations Amendment 1999 No 34 |
Part 5.2—other obsolete or redunDant
subordinate laws
Explanatory note for pt 5.2
This Part repeals non-amending or repealing subordinate laws that are obsolete or redundant.
The Roads and Footpaths Regulations, which were made on 20 October 1927, were held to be invalid by the High Court in Federal Capital Commission v Laristan Building and Investment Co Pty Ltd (1929) 42 CLR 582. The regulations have never formally been repealed.
The repeal of the Public Parks Regulations is consequential on the repeal of the Public Parks Act 1928 in Schedule 4, Part 4.2.
The Workmen’s Compensation Rules (the rules) and Self-Government (Transitional Provisions) Regulations 1990 (the regulations) are modifying subordinate laws. The ordinance modified by the rules was repealed in 1946. The regulations modified the Legal Aid Act 1977. To remove any doubt, the effect of the modification made by the regulations has been preserved by the application of the Interpretation Act 1967, subsection 42 (2) (see subclause 5 (3) of this Bill).
| Roads and Footpaths Regulations, made 20 October 1927 |
| Public Parks Regulations, made 28 April 1930 |
| Workmen’s Compensation Rules, made 1 November 1946 |
| Self-Government (Transitional Provisions) Regulations 1990 No 1 |
Endnote
Penalty units
Section 33AA of the Interpretation Act 1967 deals with the meaning of offence penalties that are expressed in penalty units.
[Presentation speech made in Assembly on 30 November 2000]
© Australian Capital Territory 2001
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