Statute Law Amendment Act 2001 (No 2) (ACT)

Case

Statute Law Amendment Act 2001


(No 2)

No 56 of 2001

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Purpose  2

  4. Explanatory notes  2

  5. Amended Acts and regulations—schs 1-3  2

  6. Repealed Acts and regulations—sch 4  3

Schedule 1        Minor amendments  4

Part 1.1              Dangerous Goods Act 1975  4

Part 1.2              Districts Act 1966  4

Part 1.3              Health Act 1993  5

Part 1.4              Mental Health (Treatment and Care) Act 1994             16

Part 1.5              Public Place Names Act 1989  17

Part 1.6              Radiation Act 1983  20

Part 1.7              Transplantation and Anatomy Act 1978  34

Schedule 2        Structural amendments  35

Part 2.1              Interpretation Act 1967  35

Part 2.2              Legislation Act 2001  40

Schedule 3        Technical amendments  156

Part 3.1              Administration and Probate Act 1929  156

Part 3.2              Anglican Church of Australia Constitutions Act, 1902 156

Part 3.3              Animal Diseases (Bees) Regulations 2000               157

Part 3.4              Animal Welfare Act 1992  157

Part 3.5              Arrest on Mesne Process Act 1902  158

Part 3.6              Bushfire Act 1936  158

Part 3.7              Children and Young People Act 1999  159

Part 3.8              Common Boundaries Act 1981  160

Part 3.9              Conveyancing Act 1919  161

Part 3.10            Conveyancing and Law of Property Act 1898           208

Part 3.11            Credit Act 1985  248

Part 3.12            Crimes Act 1900  249

Part 3.13            Crimes (Forensic Procedures) Act 2000                   249

Part 3.14            Defamation Act 1901  250

Part 3.15            Defamation (Amendment) Act 1909  252

Part 3.16            Domestic Animals Act 2000  252

Part 3.17            Drugs of Dependence Act 1989  253

Part 3.18            Education Act 1937  254

Part 3.19            Fertilizers Act 1904  254

Part 3.20            Financial Management Act 1996  255

Part 3.21            Food Regulations 1994  264

Part 3.22            Forfeiture and Validation of Leases Act 1905            265

Part 3.23            Forfeiture of Leases Act 1901  275

Part 3.24            Games Wagers and Betting-houses Act 1901           276

Part 3.25            Gaming and Betting Act 1906  295

Part 3.26            Innkeepers’ Liability Act 1902  319

Part 3.27            Judgment Creditors’ Remedies Act 1901                 320

Part 3.28            Landlord and Tenant Act 1899  320

Part 3.29            Land (Planning and Environment) Act 1991              323

Part 3.30            Land (Planning and Environment) Regulations          325

Part 3.31            Law Reform (Miscellaneous Provisions) Act 1955      326

Part 3.32            Legal Aid Act 1977  327

Part 3.33            Legal Practitioners Act 1970  327

Part 3.34            Liquor Regulations Amendment, SL 2000 No 58        328

Part 3.35            Long Service Leave Act 1976  328

Part 3.36            Long Service Leave (Building and Construction Industry) Act 1981       329

Part 3.37            Magistrates Court Act 1930  329

Part 3.38            Nature Conservation Act 1980  330

Part 3.39            Pawnbrokers Act 1902  330

Part 3.40            Perpetuities and Accumulations Act 1985               334

Part 3.41            Piracy Punishment Act 1902  335

Part 3.42            Public Health Regulations 2000  335

Part 3.43            Public Roads Act 1902  336

Part 3.44            Public Trustee Act 1985  337

Part 3.45            Road Transport (Alcohol and Drugs) Act 1977           338

Part 3.46            Road Transport (Safety and Traffic Management) Regulations 2000       338

Part 3.47            Taxation Administration Act 1999  339

Part 3.48            Truck Act 1900  341

Part 3.49            Trustee Act 1925  342

Part 3.50            Trustee Companies Act 1947  452

Part 3.51            Unit Titles Act 2001  453

Part 3.52            Utilities Act 2000  453

Part 3.53            Victims of Crime Regulations 2000  462

Schedule 4        Repeal of redundant or obsolete Acts and regulations           464

Part 4.1              Former NSW Acts incorporated in other laws           464

Part 4.2              Acts that formerly applied NSW Acts as laws of the Territory     464

Division 4.2.1       Conveyancing Act 1951  464

Division 4.2.2       Law of Property (Miscellaneous Provisions) Act 1958 465

Division 4.2.3       Trustee Act 1957  466

Part 4.3              Amending regulations  466

Part 4.4              Other redundant or obsolete Acts and regulations     467

Statute Law Amendment Act 2001

(No 2)

No 56 of 2001

An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision

[Notified in ACT Gazette S65 : 5 September 2001]

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

  1. Name of Act

    This Act is the Statute Law Amendment Act 2001 (No 2).

  2. Commencement

  3. This Act commences on the day it is notified in the Gazette.

  4. However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment.

  5. In this section:

    special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the word ‘Commencement:’, at the end of the amendment.

    Examples

    An amendment followed by ‘(Commencement:  2 March 2000.)’ means that the amendment is taken to have commenced on 2 March 2000.

  6. 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.

  7. Explanatory notes

    An explanatory note included in this Act is not part of this Act.

    NoteSee Interpretation Act 1967, s 12 (1), (4) and (5) for the legal status of notes.

  8. Amended Acts and regulations—schs 1-3

    Schedules 1 to 3 amend the Acts and regulations mentioned in them.

  9. Repealed Acts and regulations—sch 4

    Schedule 4 repeals the Acts and regulations mentioned in it.


Schedule 1Minor amendments

(see s 5)

Part 1.1Dangerous Goods Act 1975

[1.1]Section 7

omit

an inspector

substitute

an inspector or another public servant

Explanatory note

This amendment authorises the chief inspector of dangerous goods to delegate functions to a public servant who is not an inspector.  The amendment will, for example, allow the delegation of non-technical decisions to appropriate shopfront staff.

Part 1.2Districts Act 1966

[1.2]Section 6 (7) and (8)

omit

paragraph 4 (a) of the Public Place Names Act 1989

substitute

the Public Place Names Act 1989, section 3 (a)

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on amendments of the Public Place Names Act 1989 made by this schedule.

Part 1.3Health Act 1993

[1.3]Section 1

substitute

  1. Name of Act

    This Act is the Health Act 1993.

  2. Dictionary

    The dictionary at the end of this Act is part of this Act.

    Note 1The 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 ‘prescribed body, for part 3A (Private sector quality assurance committees)—see section 13AB.’ means that the expression ‘prescribed body’ is defined in that section and the definition applies to part 3A.

    Note 2A 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).

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment (new section 1) revises the section providing for the Act’s name to bring it into line with current drafting practice.

New section 2 is a standard provision explaining the status of the dictionary.  The existing interpretation section (section 3) is replaced by a dictionary by other amendments in this part.

[1.4]Section 3, definition of approved public sector committee

substitute

approved public sector committee means a committee established as an approved public sector quality assurance committee under section 7 (Approval of public sector committees) or 9 (Approval of Calvary Hospital committees).

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the amendment of section 7.

[1.5]Section 3, definition of quality assurance activities

substitute

quality assurance activity means a process declared by the Minister under section 3A to be a quality assurance activity for section 7 (2) (a).

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on amendments of section 7.  The definition has been recast to bring it more closely into line with current drafting practice.

[1.6]Section 3, definitions (as amended by this Act)

relocate to dictionary

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment relocates to the dictionary all definitions from the existing interpretation section.  The dictionary is inserted by a later amendment in this part.

[1.7]Section 3, remainder

substitute

  1. Notes

    A note included in this Act is explanatory and is not part of this Act.

    NoteSee Interpretation Act 1967, s 12 (1), (4) and (5) for the legal status of notes.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

New section 3 is a standard provision explaining the status of notes.

[1.8]New section 3A

insert in part 1

3ADeclaration of quality assurance activity

  1. The Minister may, in writing, declare that a process is a quality assurance activity for section 7 (2) (a).

  2. A declaration is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act 2001.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment places in a separate section, in line with current drafting practice, substantive matter that was in the existing definition of quality assurance activities and makes a declaration a notifiable instrument under the Legislation Act 2001.

[1.9]Section 5 (2)

substitute

  1. A word or expression used in the Medicare Agreements Act 1992 (Cwlth) has the same meaning in subsection (1).

Explanatory note

This amendment brings the subsection into line with current drafting practice.

[1.10]Section 7

omit everything before paragraph (a), substitute

  1. Approval of public sector committees

  2. The Minister may, in writing, declare that a stated committee is established as an approved public sector quality assurance committee for a health facility or for a stated purpose.

  3. A committee mentioned in subsection (1) may have all or any of the following functions decided by the Minister:

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

Section 7 presently allows the Minister to appoint the members of public sector quality assurance committees.  The committees are constituted by the appointment of their members and do not have an existence separate from their members.  This amendment replaces this by giving the Minister the power to establish approved public sector quality assurance committees independently of its members.  This is to facilitate the frequent change of membership of these committees.

The amendments of section 7 and new section 7A (inserted by a later amendment in this part) bring the appointment provisions for approved public sector quality assurance committees into line with those for approved private sector quality assurance committees.

[1.11]Section 7 (b)

omit

investigations; or

substitute

investigations;

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the previous amendment of section 7.

[1.12]New section 7 (3)

insert

  1. A declaration under subsection (1) is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act 2001.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment makes a declaration establishing an approved public sector quality assurance committee a notifiable instrument under the Legislation Act 2001.  The Legislation (Consequential Amendments) Bill 2001 makes a corresponding declaration of an approved private sector quality assurance committee a notifiable instrument.

[1.13]New section 7A

insert

7AAppointment of members

  1. If an approved public sector committee established under section 7 is established for a health facility, the chief executive (however described) of the health facility may appoint members of the committee.

  2. If an approved public sector committee established under section 7 is established for a stated purpose, the chief executive may appoint members of the committee.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment provides for appointment of members of approved public sector quality assurance committees.

[1.14]Section 9

omit

by instrument

substitute

, in writing,

Explanatory note

This amendment updates language to bring it more closely into line with current drafting practice.

[1.15]Section 9

omit

paragraph 7 (a), (b) or (c)

substitute

section 7 (2) (a), (b) or (c)

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the previous amendments of section 7.

[1.16]Section 9

omit

The

substitute

  1. The

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the insertion of new subsection 9 (2) by the next amendment.

[1.17]New section 9 (2)

insert

  1. A declaration is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act 2001.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment makes a declaration establishing a Cavalry Hospital committee as an approved public sector quality assurance committee a notifiable instrument under the Legislation Act 2001.  An earlier amendment of section 7 makes a declaration establishing other approved public sector quality assurance committees a notifiable instrument, and the Legislation (Consequential Amendments) Bill 2001 makes a corresponding declaration of a private sector quality assurance committee a notifiable instrument.

[1.18]Section 13 (1)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.19]Section 13 (1)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.20]Section 13 (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[1.21]Section 13 (2) (a)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.22]Section 13 (2) (a)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.23]Section 13 (3)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.24]Section 13 (3)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.25]Section 13AA (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[1.26]Section 13AB, definition of prescribed body, paragraph (a)

substitute

(a)a private hospital; or

Explanatory note

This amendment removes a reference to the Public Health (Private Hospitals) Regulations.  Those regulations were repealed by the Public Health Regulations 2000, SL 2000 No 1.

[1.27]Section 13AI (1)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.28]Section 13AI (1)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.29]Section 13AI (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[1.30]Section 13AI (2) (a)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.31]Section 13AI (2) (a)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.32]Section 13AI (3)

omit

performance or

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines exercise a function to include performing the function.

[1.33]Section 13AI (3)

omit

or power

Explanatory note

This amendment omits unnecessary words.  The Interpretation Act 1967, dictionary, defines function to include power.

[1.34]Section 13AJ (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[1.35]New dictionary

insert

Dictionary

(see s 2)

prescribed body, for part 3A (Private sector quality assurance committees)—see section 13AB.

private day hospital facility, for part 3A (Private sector quality assurance committees)—see section 13AB.

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment inserts the dictionary and 2 new signpost definitions.

[1.36]Health Act 1993—renumbering

renumber provisions when Act next republished under Legislation Act 2001

Explanatory note

This amendment provides for the renumbering of the Health Act 1993 on its next republication.

Part 1.4Mental Health (Treatment and Care) Act 1994

[1.37]Section 4, definition of approved health facility

omit

paragraph 48 (a)

substitute

section 48 (1) (a)

Explanatory note

This amendment corrects a cross-reference.

[1.38]Section 4, definition of approved mental health facility

omit

paragraph 48 (b)

substitute

section 48 (1) (b)

Explanatory note

This amendment corrects a cross-reference.

[1.39]Section 48 (1) (b)

after

may be

insert

detained under section 32A or

Explanatory note

This amendment corrects the omission of a reference.

[1.40]Section 139

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment omits a section about the service of documents that is no longer necessary as a result of amendments of the Legislation Act 2001 (proposed new section 223) contained in schedule 2 to this Act.

Part 1.5Public Place Names Act 1989

[1.41]Section 1

substitute

  1. Name of Act

    This Act is the Public Place Names Act 1989.

Explanatory note

This amendment revises the section providing for the Act’s name to bring it into line with current drafting practice.

[1.42]Section 3

substitute

  1. Meaning of public place

    In this Act:

    public place includes an avenue, road, street or place that the public are entitled to use, and any unleased land.

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment omits words that are no longer needed (see Interpretation Act 1967, s 11G) and brings the section more closely into line with current drafting practice. The section has been renumbered because section 2 (Commencement) is being omitted by the Legislation (Consequential Amendments) Bill 2001.

[1.43]Section 4

renumber as section 3

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

The section has been renumbered because section 2 (Commencement) is being omitted by the Legislation (Consequential Amendments) Bill 2001 and section 3 is being renumbered as section 2 (Meaning of public place) by an earlier amendment in this part.

[1.44]Section 6 (2) (e)

substitute

(e)Aboriginal or Torres Strait Islander vocabulary.

Explanatory note

This amendment has the effect of requiring Torres Strait Islander vocabulary to be considered as well as Aboriginal vocabulary in naming a public place.

[1.45]New section 6 (3)

insert

  1. Before having regard to Aboriginal or Torres Strait Islander vocabulary under subsection (2) (e), the Minister must consult with each entity prescribed under the regulations as an entity that represents the interests of Aboriginals and Torres Strait Islanders.

Explanatory note

This amendment requires consultation with Aboriginal and Torres Strait Islander representative entities to ensure that cultural sensitivities are respected.

[1.46]Section 6

renumber as section 4

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

The section has been renumbered because section 5 (Disallowable instrument) is being omitted by the Legislation (Consequential Amendments) Bill 2001 and section 4 (Minister to determine names) is being renumbered as section 3 by an earlier amendment in this part.

[1.47]Section 7

substitute

  1. Regulation-making power

    The Executive may make regulations for this Act.

    NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Explanatory note

This amendment removes a spent provision and substitutes a standard regulation-making power to allow Aboriginal and Torres Strait Islander representative entities to be prescribed.

Part 1.6Radiation Act 1983

[1.48]Section 5 (1), definition of absorbed dose

substitute

absorbed dose means the energy absorbed per unit mass by matter from ionizing radiation that impinges on it.

NoteSee the Recommendations for limiting exposure to ionizing radiation (1995) (Guidance note [NOHSC: 3022 (1995)]) (the recommendations), annex B.

NOHSC means the National Occupational Health and Safety Commission established by the National Occupational Health and Safety Commission Act 1985 (Cwlth), s 6. 

The recommendations were developed by an expert committee advising standing committees of both the National Health and Medical Research Council (the council) and the NOHSC.  The council adopted the recommendations on 7 June 1995.  The NOHSC endorsed the recommendations as a NOHSC guidance note.

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment updates the definition to bring it into line with the technical language of the recommendations.

[1.49]Section 5 (1), new definition of approved code of practice

insert

approved code of practice means a code of practice approved under section 57 (Code of practice about transport of radioactive material).

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment inserts a new definition as a result of new part 5 (inserted by a later amendment in this part). 

[1.50]Section 5 (1), definitions of dose equivalent and dose equivalent limit

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment omits definitions that are no longer necessary because of the insertion of the new definitions of effective dose and effective dose limit by the next amendment.  The existing dose limits have been superseded by lower dose limits that are contained in the recommendations, schedule A (Dose limits), and the Act is being brought into line with these national guidelines.

[1.51]Section 5 (1), new definitions of effective dose, effective dose limit, equivalent dose and equivalent dose limit

insert

effective dose means a measure of dose that takes into account both the type of radiation involved and the radiological sensitivities of the organs and tissues irradiated.

NoteSee the recommendations, annex B.

effective dose limit means the limit for an effective dose prescribed under the regulations.

equivalent dose means a measure of dose in organs and tissues that takes into account the type of radiation involved.

NoteSee the recommendations, annex B.

equivalent dose limit means the limit for an equivalent dose prescribed under the regulations.

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment inserts a new definition of effective dose to replace the existing definition of dose equivalent.  An effective dose is the same as dose equivalent and is the sum of equivalent doses.

Dose equivalent limit is replaced by effective dose limit.  Regulations to be made under the Radiation Act 1983 will contain the limits.

New definitions of equivalent dose and equivalent dose limit are included.  This is because the recommendations, schedule A (Dose limits) use both effective dose and equivalent dose to set dose limits.

Regulations to be made under the Radiation Act 1983 will contain the limits.

[1.52]Section 5 (1), new definitions of exempt material and exposure

insert

exempt material, for part 5 (Transport of radioactive material)—see section 53.

exposure means the circumstances of being exposed to radiation.

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment inserts the signpost definition of exempt material as a result of new part 5 (inserted by a later amendment in this part).

A new definition of exposure is inserted, as the term is used in the Act.

[1.53]Section 5 (1), definition of irradiating apparatus

omit

dose equivalent

substitute

effective dose

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.54]Section 5 (1), definitions of package and quality factor

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

The definition of package is being omitted because it is no longer necessary because of  the changes to part 5 (made by a later amendment in this part).

The definition of quality factor is being omitted because it only relates to the definition of dose equivalent.  That definition is being omitted by an earlier amendment in this part.

[1.55]Section 5 (1), definition of radiation hazard

omit

or dose equivalent limits

substitute

, effective dose limits or equivalent dose limits

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.56]Section 5 (1), definition of radiation worker, paragraphs (a) and (b)

substitute

(a)in the course of transport; and

(b)in accordance with an approved code of practice.

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on new part 5 (inserted by a later amendment in this part).

[1.57]Section 5 (1), definition of transport index

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This definition is being omitted because it is no longer necessary because of the changes to part 5 (made by a later amendment in this part).

[1.58]Section 5 (1)

omit

  1. In

    substitute

    In

    (Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on the omission of section 5 (2).

[1.59]Section 5 (2)

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment omits definitions of category 1, category 2 and category 3 packages that are no longer necessary because of the changes to part 5 made by a later amendment in this part.

[1.60]Section 25 (2) (c)

omit

transportation of that material in accordance with the provisions of Part V

substitute

transport of that material under part 5

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on the changes to part 5 made by a later amendment in this part.

[1.61]Section 33 (2) (d)

omit

dose

substitute

effective dose or equivalent dose

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.62]Section 33 (2) (e)

substitute

(e)all facts known to the licensee or person relating to any accidental exposure of a radiation worker to ionizing radiation.

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment clarifies the paragraph by changing a reference to a term that is not defined (dose) to a defined term (exposure).

[1.63]Section 37 (1) (a)

omit

dose equivalent limit

substitute

effective dose limit or equivalent dose limit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.64]Section 38 (1)

omit

a dose equivalent

substitute

an effective dose

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.65]Section 39 (1) (d)

omit

dose equivalent limit

substitute

effective dose limit or equivalent dose limit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.66]Section 39 (1) (m)

omit

and dose equivalents

substitute

, effective doses and equivalent doses

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.67]Sections 39 (1) (n) and 42 (1)

omit

dose equivalent limit

substitute

effective dose limit or equivalent dose limit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.68]Section 43, heading

substitute

  1. People receiving dose exceeding effective dose limit or equivalent dose limit not to do certain work

    (Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.69]Section 43 (1)

omit

dose equivalent limit

substitute

effective dose limit or equivalent dose limit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.70]Section 46

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment omits a section that is no longer necessary.  Regulations to be made under the Radiation Act 1983 will deal with the matter contained in section 46.

[1.71]Part 5

substitute

Part 5Transport of radioactive material

  1. Meaning of exempt material

    In this part:

    exempt material means radioactive material declared by the council to be exempt material under section 54.

  2. Exempt material

  3. On application by a person with radioactive material, the council may, in writing, declare the material to be exempt material for this part if it is satisfied that—

    (a)the material will not cause a radiation hazard during transport; or

    (b)the material will not cause a radiation hazard during transport if conditions imposed by the council under subsection (2) are complied with.

    NotePower given under an Act to make a statutory instrument (including a declaration) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).

  4. A declaration may be subject to conditions about the transport of the material that the council considers appropriate.

  5. A declaration must be signed by the chairperson.

  6. Transport of radioactive material must be in accordance with conditions

    If a declaration under section 54 about radioactive material is subject to conditions, a person must not transport the radioactive material except in accordance with the conditions.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  7. Transport of radioactive material

    A person must not transport radioactive material unless—

    (a)it is transported in accordance with an approved code of practice; or

    (b)it is exempt material.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  8. Code of practice about transport of radioactive material

  9. The Minister may, in writing, approve a code of practice about the transport of radioactive material.

    NotePower given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).

  10. An approved code of practice is a disallowable instrument.

    Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    Note 2An amendment or repeal of an approved code of practice is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).

  11. An approved code of practice may consist of any code, standard, rule, specification or provision relating to the transport of radioactive material and may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

    Note 1A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act 2001, s 47 (1)).

    Note 2If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act 2001 (see s 47 (2)-(6)).

    (Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment replaces part 5 with a new part 5.  These amendments are to bring the ACT into line with the rest of Australia.  Existing part 5 sets out in detail how radioactive material must be transported in the ACT.  The provisions of the existing part are based on a predecessor to the new Code of Practice for the Safe Transport of Radioactive Substances (Cwlth) (the Cwlth code).  The predecessor code is out of date.  This amendment gives the ACT the flexibility to adopt the Cwlth code, or any other relevant instrument as the approved code, to allow for future developments in this area for the protection of the public.

New section 57 (3) means that the approved code of practice may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.  This means that the instrument approved as the approved code of practice can be picked up as it applies from time to time.  This will allow the ACT to pick up the latest edition.  However, each amendment of the code must be notified under the Legislation Act 2001.

New section 54 sets out the radioactive material that is exempt from the application of new part 5, and new section 55 remakes an offence (contained in existing section 54 (3) and (4)) for noncompliance with a condition of an exemption.

New section 56 provides that a person commits an offence if the person transports radioactive material (unless the material is exempt material) other than in accordance with new part 5.  This section remakes an offence that was contained in existing section 55.

[1.72]Section 67 (1) (a)

omit

Figure 4 in Schedule 6

substitute

the figure prescribed under the regulations

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on the relocation of figure 4 to the regulations to be made under the Radiation Act 1983.

[1.73]Section 71 (d)

omit

a dose equivalent

substitute

an effective dose or equivalent dose

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment is consequential on definition changes.

[1.74]Schedule 2

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

Schedule 2 is omitted because the definition of quality factor (to which schedule 2 relates) is omitted by an earlier amendment.

[1.75]Schedule 3

renumber as schedule 2

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment renumbers the schedule.

[1.76]Schedules 4 and 5

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

Schedules 4 and 5 are omitted because the provisions of part 5 to which they relate are being omitted by an earlier amendment in this part.

[1.77]Schedule 6

omit

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment omits schedule 6. Figures 1 to 3 are the labels for category 1 to 3 packages that are no longer needed because of the changes to part 5 made by an earlier amendment in this part, and figure 4 is being relocated to the regulations to be made under the Radiation Act 1983.

[1.78]Divisions—renumbering

renumber divisions when Act next republished under Legislation Act 2001

(Commencement:  on a day fixed by the Minister by notice in the Gazette.)

Explanatory note

This amendment provides for the renumbering of the divisions of the Radiation Act 1983 on its next republication.

Part 1.7Transplantation and Anatomy Act 1978

[1.79]Section 30 (1) (c)

omit

a clinical examination of

substitute

appropriate tests on or in relation to

Explanatory note

This amendment removes the reference to a clinical examination.  This is because a clinical examination may not be sufficient in all cases to decide if irreversible cessation of all function of the brain has happened.  Examples of appropriate tests include clinical examinations and radiological tests or scans.

[1.80]Section 30 (1) (d)

omit

that examination

substitute

the tests

Explanatory note

This amendment is consequential on the above amendment.

Schedule 2Structural amendments

(see s 5)

Part 2.1Interpretation Act 1967

General explanatory note for pt 2.1

The amendments in this part are mainly intended to continue the process of transferring the provisions of the Interpretation Act 1967 to the Legislation Act 2001.  When the transfer is completed, the Interpretation Act 1967 will be repealed.

[2.1]Section 11AA and sections 11BA to 13E

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.2]Sections 14 to 19

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.3]Sections 21 to 25A

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.4]Divisions 3.3, 3.5 and 3.6

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.5]Division 3.8, heading

substitute

Division 3.8               Criminal proceedings

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the amendment of the division by later amendments in this schedule.

[2.6]Sections 31A to 33A

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.7]Sections 33D and 33E

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.8]Section 34

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.9]Division 3.9, heading

substitute

Division 3.9               Time

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the following amendment.

[2.10]Section 35

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.11]Part 4

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment omits a part containing provisions about the interpretation of former NSW Acts.  The part is no longer needed because all the former NSW Acts that remain in force have been amended to convert NSW-specific references into ACT equivalents.

[2.12]Section 63

omit

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of an equivalent provision in the Legislation Act 2001 by a later amendment in this schedule.

[2.13]Schedule 1, items about Apportionment Act 1905, Conveyancing and Law of Property (Supplemental) Act 1901, Dedication by User Limitation Act 1902, Forfeiture of Leases Act 1901, Inebriates Act 1900, Inebriates (Amendment) Act 1909 and Partition Act 1900

omit

Explanatory note

This amendment omits items about Acts that are repealed by this Act.

[2.14]Dictionary, new definition

insert

Corporations Act means the Corporations Act 2001 (Cwlth).

Explanatory note

This amendment is consequential on the passage of the Corporations Act 2001 by the Commonwealth Parliament.  It is desirable that the definition become part of the law as soon as practicable.

[2.15]Dictionary, definitions of Act, amend, Attorney-General, chief executive, commencement, definition, disallowable instrument, enactment, entity, former NSW Act, former UK Act, Governor, Governor-General, instrument, may, Minister, must, notifiable instrument, notification, notification day, occupy, omit, passing, penalty unit, person, provision, repeal, see, statutory instrument, statutory office holder, subordinate law, Territory, Territory instrumentality, Treasurer and under

omit

(Commencement: the commencement of section 2 of this Act or immediately after the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the remaking of equivalent provisions in the Legislation Act 2001 by a later amendment in this schedule.

[2.16]Dictionary, remaining definitions

relocate to the Legislation Act 2001, dictionary, part 1

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment transfers the bulk of the definitions in the dictionary to the Legislation Act 2001.

[2.17]Dictionary, remainder

omit

Explanatory note

This amendment is consequential on the removal of all definitions from the dictionary by other amendments and has the effect of removing the heading.

Part 2.2Legislation Act 2001

General explanatory note for pt 2.2

The following proposed amendments are mainly intended to continue the process of transferring the provisions of the Interpretation Act 1967 to the Legislation Act 2001.  When the transfer is completed, the Interpretation Act 1967 will be repealed.

[2.18]Section 3, notes 1 and 2

substitute

Note 1The dictionary at the end of an Act usually defines certain words and expressions used in the Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in the Act.  However, in this Act the dictionary is divided into 2 parts.

Note 2Part 1 defines words and expressions commonly used in Acts (including this Act) and statutory instruments.  For example, because of the definition ‘month means calendar month.’, the word ‘month’ has the defined meaning wherever the word is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155 of this Act).

Note 3Part 2 defines certain words and expressions used in this Act.  For example, the signpost definition ‘administrator, for part 18.5 (Service of documents)—see section 246.’ means that the expression administrator is defined for part 18.5 of this Act in section 246.  A definition in part 2 of the dictionary applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 of this Act).

Explanatory note

This amendment is to replace the notes for the Legislation Act 2001, section 3 because the existing notes are no longer appropriate. The Bill provides for the provisions mentioned in the existing notes to be transferred to the Legislation Act 2001.   It also provides for the dictionary to be in 2 parts.

[2.19]Section 4 (1), note

substitute

NoteSee s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment updates the reference to the provisions mentioned in the note.  The provisions are being relocated to the Legislation Act 2001 by the Bill.

[2.20]Section 14 (1), note

substitute

NoteWriting is defined in the dictionary, pt 1.

Explanatory note

This amendment updates the reference to the definition mentioned in the note.  The definition is being relocated to the Legislation Act 2001 by the Bill.

[2.21]Section 16, note

substitute

NoteSee s 126 and s 127 for material that is, or is not, part of an Act or statutory instrument.

Explanatory note

This amendment updates the reference to the provisions mentioned in the note.  The provisions are being relocated to the Legislation Act 2001 by the Bill.

[2.22]Section 18 (2)

substitute

  1. The register must be kept electronically.

    Example of how register may be kept

    The register may be kept in the form of, or as part of, 1 or more computer databases, and may include data compiled electronically from the databases.

Explanatory note

This amendment will allow greater flexibility in the operation of the computer systems needed for the legislation register.  The amendment will avoid the need for individual documents in all cases and allow material such as tables to be compiled from information associated with registered documents.

[2.23]Section 19

substitute

  1. Contents of register

  2. The ACT legislation register must contain the following:

    (a)authorised republications of laws currently in force;

    (b)Acts as made;

    (c)subordinate laws as made;

    (d)disallowable instruments as made;

    (e)notifiable instruments as made;

    (f)commencement notices as made;

    (g)resolutions passed, or taken to have been passed, by the Legislative Assembly to disallow a subordinate law or disallowable instrument;

    (h)resolutions passed, or taken to have been passed, by the Legislative Assembly to amend a subordinate law or disallowable instrument;

    (i)Bills presented to the Legislative Assembly.

  3. The ACT legislation register must also contain the following:

    (a)notifications of the making of Acts;

    (b)notifications of the making of subordinate laws;

    (c)notifications of the making of disallowable instruments;

    (d)notifications of the making of notifiable instruments;

    (e)notifications of the making of commencement notices;

    (f)notifications of the disallowance of subordinate laws or disallowable instruments under section 65 (Disallowance by resolution of Assembly);

    (g)notifications of the amendment of subordinate laws or disallowable instruments under section 68 (Amendment by resolution of Assembly).

  4. However, the parliamentary counsel may enter additional material in the register if the parliamentary counsel considers that it is likely to be useful to users of the register.

  5. Without limiting subsection (3), the additional material may include the following:

    (a)unauthorised republications of laws currently in force;

    (b)past versions of unauthorised republications;

    (c)past versions of authorised republications;

    (d)statutory instruments that are not registrable instruments;

    (e)explanatory memoranda for bills, and amendments of bills, presented to the Legislative Assembly;

    (f)repealed Acts and statutory instruments;

    (g)Commonwealth laws that apply in or in relation to the Territory.

    Note The following sections of the Act deal with the entry of material in  the register:

    ·     section 28 (Notification of Acts)

    ·     section 61 (Notification of registrable instruments)

    ·     section 65A (Notification of disallowance by resolution of Assembly)

    ·     section 69 (Notification of amendments made by resolution of Assembly)

    ·     section 108 (Republication in register).

  6. If the register contains an authorised republication of a law currently in force, and the law is amended, the parliamentary counsel must replace the republication with an authorised republication of the law as amended.

  7. If the register contains an authorised republication of a law, and the law is repealed, expires or, for a subordinate law or disallowable instrument, is disallowed by the Legislative Assembly, the parliamentary counsel must ensure that the republication is no longer shown as a republication of law currently in force.

  8. If the parliamentary counsel considers it likely to be useful to users of the register to enter information (in any form) in the register, the parliamentary counsel may enter the information at any time.

    Example

    Guides and indexes to the register

  9. If an Act passed by the Legislative Assembly, or a registrable instrument made, before the commencement of this Act need not be notified under this Act, the parliamentary counsel may enter the text of the Act or instrument in the register.

  10. The parliamentary counsel may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations.

  11. In this section:

    amended includes modified.

    law—see section 107 (Meaning of law in ch 11).

Explanatory note

The remaking of section 19 will remove the existing requirement for the register to contain separate parts for the various types of registered material.  This requirement would unnecessarily complicate the keeping of the register.  The computing system will separate material for user convenience without the need for separate parts to be established legislatively.

The new section would also require Bills presented to the Legislative Assembly to be available on the register.  The section also deals comprehensively with notification of the disallowance and amendment of subordinate laws and disallowable instruments by the Legislative Assembly.

[2.24]Section 22 (1)

substitute

  1. The parliamentary counsel must ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) (Contents of register) is accessible at all times on an approved web site.

Explanatory note

This amendment is consequential on the remaking of section 19, and removes any reference to separate parts of the legislation register.

[2.25]Section 24 (1) and (2)

substitute

  1. This section applies to the following:

    (a)a copy of an Act, statutory instrument or republication accessible at an approved web site;

    (b)any other electronic copy of an Act, statutory instrument or republication.

  2. A copy of the Act, statutory instrument or republication is an authorised version only—

    (a)if it is authorised by the parliamentary counsel; and

    (b)in the format in which it is authorised.

    Example of authorised version accessible at approved web site

    A locked pdf file with a digital signature permitting authentication of the downloaded file

Explanatory note

This amendment makes section 24 more accurate by referring to copies of registered material.  Section 22 provides that a copy of the registered material must be accessible at an approved web site.  New section 24 (2) is also more precise in identifying the characteristics of an authorised version.

[2.26]Section 24 (3) (b) and (c)

substitute

(b)that a copy of an Act, statutory instrument or republication accessible at an approved web site and purporting to be authorised by the parliamentary counsel is authorised by the parliamentary counsel under this Act; and

(c)that any other electronic copy of an Act, statutory instrument or republication purporting to be authorised by the parliamentary counsel is authorised by the parliamentary counsel under this Act; and

Explanatory note

This amendment is consequential on amendment 2.25.

[2.27]Section 28 (2) (b)

substitute

(b)if it is not practicable to notify the making of the proposed law in the register, or make the text of the proposed law and the notification of its making accessible at 1 or more approved web sites, when the law is to be notified—notify the making of the law in the Gazette.

Explanatory note

This amendment is consequential on amendment 2.23 (in particular, removal of the need for separate parts within the legislation register).

[2.28]Section 28 (4)

substitute

  1. The making of the proposed law is notified in the register by entering in the register—

    (a)a statement that the law has been passed by the Legislative Assembly; and

    (b)the text of the law.

Explanatory note

This amendment is consequential on amendment 2.23 (in particular, removal of the need for separate parts within the legislation register).

[2.29]Section 28 (6) (b)

substitute

(b)the parliamentary counsel must later enter in the register—

(i)a statement that the law has been passed by the Legislative Assembly; and

(ii)a statement that the law was notified in the Gazette on the Gazette date; and

(iii)the text of the law.

Explanatory note

This amendment is consequential on amendment 2.23 (in particular, removing the need for separate parts within the legislation register).  It also clarifies the operation of existing section 28 (6) (b).  The existing provision refers to the later notification of the making of the law.  If the making is notified first in the Gazette, there would strictly be a later entry in the register about the making but not a second notification.

[2.30]Section 30 (1)

omit

Explanatory note

This amendment is consequential on amendment 2.31.

[2.31]Section 30 (2)

omit

Explanatory note

This amendment is consequential on amendment 2.29 (in particular, providing for a later entry in the register after the making of a law has first been notified in the Gazette).  New section 28 (6) (b) removes the need for existing section 30 (2).

[2.32]Section 41, heading

substitute

  1. Making of statutory instruments by Executive (SLA s 3)

Explanatory note

This amendment is consequential on the other amendments of section 41 made by this schedule and revises the heading to reflect the scope of the amended section.

[2.33]Section 41 (1)

omit

regulations

substitute

a statutory instrument

Explanatory note

The amendments of section 41 have the effect of extending the scope of the section to all statutory instruments.

[2.34]Section 41 (1)

omit

regulations are

substitute

instrument is

Explanatory note

The amendments of section 41 have the effect of extending the scope of the section to all statutory instruments.

[2.35]Section 41 (2)

omit

Regulations are

substitute

A statutory instrument made by the Executive is

Explanatory note

The amendments of section 41 have the effect of extending the scope of the section to all statutory instruments.

[2.36]Section 41 (2)

omit

they are

substitute

it is

Explanatory note

The amendments of section 41 have the effect of extending the scope of the section to all statutory instruments.

[2.37]Section 56 (1)

substitute

  1. This section applies if an Act (the authorising law) authorises fees to be determined for 1 of the following (the relevant law):

    (a)the authorising law; or

    (b)another Act or statutory instrument.

(1A)    The authorising law authorises a fee to be determined with respect to any matter under or related to the relevant law.

(1B)    To avoid any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee.

Example

The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval.  However, section 79 (1) of the Act provides:

The Minister may, in writing, determine fees for this Act.

Because section 79 (1) permits a fee to be determined ‘for this Act’, section 56 of the Legislation Act 2001 applies in relation to section 15 and the Minister may determine an application fee for the approval.

Explanatory note

Proposed section 56 (1) recasts the subsection to simplify the language of the subsections that follow.  Proposed section 56 (1A) clarifies the scope of the power to determine fees in response to comments of the Scrutiny Committee.  Proposed section 56 (1B) makes it clear that a fee may be determined for a provision even though the provision does not mention a fee.  The operation of section 56 (1B) is illustrated by an example.

[2.38]Section 56 (2)

omit

The fee may

substitute

A fee may

Explanatory note

This amendment is consequential on amendment 2.37.

[2.39]Section 56

renumber subsections when Act next republished under Legislation Act 2001

Explanatory note

In accordance with current drafting practice, this amendment provides for the subsections in section 56 to be renumbered in ordinary numerical sequence when the Act is next republished.

[2.40]Section 58 (4), (5) and (6)

omit

The regulations

substitute

Regulations or the authorising law

Explanatory note

This amendment makes it clear that the regulations mentioned in the subsections are regulations under the authorising law.

[2.41]Section 59 (1)

substitute

  1. The registrable instruments registered in each year must be numbered by the parliamentary counsel as nearly as practicable in the order in which they are notified.

Explanatory note

This amendment will ensure that instruments are generally numbered in the order in which they are notified, whether notification is made in the Gazette or the register.

[2.42]Section 60 (1)

omit

This section applies if the name that a registrable instrument gives to itself—

substitute

This section applies if a registrable instrument is unnamed or the name it gives to itself—

Explanatory note

This amendment is to authorise the parliamentary counsel to add a name to an unnamed instrument that is to be registered.  This refinement would help legislation users in finding instruments on the register.

[2.43]Section 60 (2) and (3)

substitute

  1. The parliamentary counsel is authorised, before notifying the registrable instrument under this Act—

    (a)to add a name to an unnamed instrument; or

    (b)to amend the instrument’s name to bring it into line with current drafting practice.

  2. If the name of a registrable instrument is added or amended under this section, the instrument has effect for all purposes as if the instrument were made with the name as added or amended.

Explanatory note

This amendment is consequential on amendment 2.42.

[2.44]Section 61

substitute

  1. Notification of registrable instruments (SLA s 6 (1) (a), (2)‑(5))

  2. If a registrable instrument is made, the maker of, or the appropriate person for, the instrument may ask the parliamentary counsel to notify the making of the instrument.

  3. If the maker of, or appropriate person for, a registrable instrument asks the parliamentary counsel to notify the making of the instrument and complies with the requirements (if any) prescribed under the regulations, the parliamentary counsel must—

    (a)notify the making of the instrument in the register; or

    (b)if it is not practicable to notify the making of the instrument in the register, or make the text of the instrument and the notification of its making accessible at 1 or more approved web sites, when the instrument is to be notified—notify the making of the instrument in the Gazette.

  4. The making of the registrable instrument is notified in the register by entering in the register—

    (a)a statement that the instrument has been made; and

    (b)the text of the instrument.

  5. The making of the registrable instrument is notified in the Gazette by—

    (a)publishing the text of the instrument in the Gazette; or

    (b)publishing in the Gazette a statement—

    (i)that the instrument has been made; and

    (ii)of the place or places where copies of the instrument can be purchased.

  6. If the making of the registrable instrument is notified in the Gazette, the parliamentary counsel must later enter in the register—

    (a)a statement that the instrument has been made; and

    (b)a statement that the instrument was notified in the Gazette on a stated date; and

    (c)the text of the instrument.

  7. If the registrable instrument is notified in the Gazette by publishing the statement mentioned in paragraph (4) (b), copies of the instrument must be available for purchase on the day of the publication (the Gazette date), or as soon as practicable after the Gazette date, at the place, or each of the places, stated in the Gazette.

  8. If on the Gazette date no copies of the registrable instrument are available for purchase at the place, or any of the places, stated in the Gazette, the parliamentary counsel must give the Minister a statement—

    (a)that copies of the law were not available; and

    (b)explaining why they were not available.

  9. The Minister must present the statement to the Legislative Assembly within 6 sitting days after the Gazette date.

  10. In this section:

    appropriate person, for a registrable instrument, means—

    (a)for a registrable instrument made or approved (however described) by the Executive—a Minister; and

    (b)for rules of a court or tribunal—the registrar of the court or tribunal; and

    (c)for a registrable instrument prescribed under the regulations—a person prescribed under the regulations as the appropriate person for the instrument.

Explanatory note

The remaking of section 19 by amendment 2.23 (particularly the removal of the need for separate parts of the register) requires a number of minor, consequential changes to existing section 61.  This amendment remakes the section entirely to avoid a lengthy set of amendments to individual provisions.  The remade section also provides for later entry into the register (rather than a later notification) if the making of an instrument has first been notified in the Gazette.

[2.45]Section 63 (1)

omit

Explanatory note

This amendment is consequential on amendment 2.46.

[2.46]Section 63 (2)

omit

Explanatory note

This amendment is consequential on amendment 2.44 (in particular, providing for a later entry in the register after the making of a instrument has first been notified in the Gazette).  New section 61 (5) removes the need for existing section 63 (2).

[2.47]Section 65, heading

substitute

  1. Disallowance by resolution of Assembly etc (SLA s 6 (7), (7A), (8) and s 10)

Explanatory note

This amendment makes the heading more informative.

[2.48]Section 65 (2)

substitute

  1. If the Legislative Assembly passes a resolution to disallow the subordinate law or disallowable instrument, it is taken to be repealed—

    (a)on the day the disallowance is notified; or

    (b)if the resolution provides that it takes effect on the day the resolution is passed—that day.

Explanatory note

This amendment spells out more clearly when the repeal made by a disallowance takes effect and is consequential on amendment 2.50.  It preserves the Legislative Assembly’s control over the timing of the effect of a disallowance by allowing it to fix the day of disallowance as the date of effect, even though the disallowance may be notified later.

[2.49]New section 65 (4)

insert

  1. If subsection (3) applies, the resolution is taken to be the resolution set out in the motion for the resolution.

Explanatory note

This amendment spells out more clearly what the ‘resolution’ is if a disallowance motion is not actually passed by the Legislative Assembly, but is taken to have been passed.  The resolution set out in the disallowance motion is the resolution notified under proposed new section 65A (inserted by amendment 2.50).

[2.50]New section 65A

insert

65ANotification of disallowance by resolution of Assembly (SLA s 6 (8) and s 10)

  1. If a subordinate law or disallowable instrument is disallowed, or taken to have been disallowed, under section 65 (Disallowance by resolution of Assembly), the Speaker must ask the parliamentary counsel to notify the disallowance.

  2. If the Speaker asks the parliamentary counsel to notify the disallowance, the parliamentary counsel must—

    (a)notify the disallowance in the register; or

    (b)if it is not practicable to notify the disallowance in the register, or make the text of the resolution and the notification of its making accessible at 1 or more approved web sites, when the disallowance is to be notified—notify the disallowance in the Gazette.

  3. If the Speaker asks the parliamentary counsel to notify the disallowance on a particular day, the parliamentary counsel must notify the disallowance on that day unless it is impracticable to do so.

  4. The disallowance is notified in the register by entering in the register—

    (a)a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

    (b)the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and

    (c)the day when the resolution was passed or taken to have been passed; and

    (d)the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

  5. The disallowance is notified in the Gazette by publishing in the Gazette—

    (a)a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

    (b)the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and

    (c)the day when the resolution was passed or taken to have been passed; and

    (d)the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

  6. If the disallowance is notified in the Gazette, the parliamentary counsel must later enter in the register—

    (a)a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and

    (b)a statement that the disallowance was notified in the Gazette on a stated date; and

    (c)the text of the resolution passed, or taken to have been passed, under section 65; and

    (d)the day when the resolution was passed or taken to have been passed; and

    (e)the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution.

Explanatory note

This amendment overcomes a gap in the existing law by providing a mechanism for the notification of a disallowance of a subordinate law or disallowable instrument by the Legislative Assembly.  The mechanism provided is similar to that already provided in the Legislation Act 2001 for Acts (s 28), registrable instruments (s 61) and amendments of subordinate laws and disallowable instruments made by resolution of the Legislative Assembly (s 68).

[2.51]Section 68 (3)

substitute

  1. If the Legislative Assembly passes a resolution to amend the subordinate law or disallowable instrument, it is amended accordingly—

    (a)on the day the amendment is notified; or

    (b)if the resolution provides that it takes effect on the day the resolution is passed—that day.

Explanatory note

This amendment spells out more clearly when an amendment of a subordinate law or disallowable instrument made by resolution of the Legislative Assembly takes effect.  It ensures the Legislative Assembly’s control over the timing of the amendment by allowing it to fix the day the resolution is passed as the date of effect, even though the amendment may be notified later.

[2.52]New section 68 (4A)

insert

(4A)    If subsection (4) applies, the resolution is taken to be the resolution set out in the motion for the resolution.

Explanatory note

This amendment spells out more clearly what the ‘resolution’ is if an amendment motion for a subordinate law or disallowable instrument is not actually passed by the Legislative Assembly, but is taken to have been passed.  The resolution set out in the amendment motion is the resolution notified under section 68.

[2.53]Section 68 (6)

substitute

  1. Without limiting subsection (5), section 83 (Consequences of amendment of statutory instrument by Act) applies to the amendment as if it had been made by an Act.

Explanatory note

This amendment is consequential on amendment 2.51 (which deals with when an amendment resolution passed (or taken to have been passed) by the Legislative Assembly takes effect).

[2.54]Section 68

renumber subsections when Act next republished under the Legislation Act 2001.

Explanatory note

In accordance with current drafting practice, this amendment provides for the subsections in section 56 to be renumbered in ordinary numerical sequence when the Act is next republished.

[2.55]Section 69 (2) (b)

substitute

(b)if it is not practicable to notify the amendment in the register, or make the text of the resolution and the notification of its making accessible at 1 or more approved web sites, when the amendment is to be notified—notify the amendment in the Gazette.

Explanatory note

This amendment is consequential on amendment 2.23 (in particular, removal of the need for separate parts within the legislation register).

[2.56]Section 69 (4) to (7)

substitute

  1. The amendment is notified in the register by entering in the register—

    (a)a statement that the amendment of the amended law has been made under section 68 (Amendment by resolution of Assembly); and

    (b)the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and

    (c)the day when the resolution was passed or taken to have been passed; and

    (d)the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution.

  2. The amendment is notified in the Gazette by publishing in the Gazette—

    (a)a statement that the amendment of the amended law has been made under section 68; and

    (b)the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and

    (c)the day when the resolution was passed or taken to have been passed; and

    (d)the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution.

  3. If the amendment is notified in the Gazette, the parliamentary counsel must later enter in the register—

    (a)a statement that the amendment of the amended law has been made under section 68; and

    (b)a statement that the amendment was notified in the Gazette on a date stated; and

    (c)the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and

    (d)the day when the resolution was passed or taken to have been passed; and

    (e)the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution.

Explanatory note

This amendment is consequential on amendment 2.23 (in particular, removal of the need for separate parts within the legislation register) and amendments 2.51 and 2.52 (in particular, the more detailed provisions dealing with resolutions of the Legislative Assembly to amend a subordinate law or instrument).

[2.57]New section 84A

insert in part 9.1

84ACreation of offences and changes in penalties (IA s 33A)

  1. If a law makes an act or omission an offence, the act or omission is only an offence if done or not done after the law commences.

  2. If a law increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the law commences.

  3. If a law reduces the maximum or minimum penalty, or the penalty, for an offence, the reduction applies to an offence committed before or after the law commences, but does not affect any penalty imposed before the law commences.

  4. This section applies to a law unless the law expressly provides that this section does not apply.

Explanatory note

This amendment transfers the provisions of the Interpretation Act 1967, section 33A to the Legislation Act 2001.  Section 84A (1) makes it clear that an offence cannot be created retrospectively.  In other words, for an act or omission to be a criminal offence, it must be done, or not done, after the commencement of the law that makes it an offence.  This part of the section is an extension of the principles of section 33A.  Section 84A also continues the effect of section 33A in relation to increases and reductions in penalties.  If a person commits an offence and, before the person comes to trial, the penalty for the offence is increased, the penalty that applied at the time of the offence is the penalty that the court may impose.  On the other hand, if a penalty is reduced between the time the offence is committed and the trial, the court may only impose the lower penalty.  Section 84A (4) makes it clear that another law can only displace the operation of this section by express words.

[2.58]Section 91 (8)

omit

an equivalent

substitute

a corresponding

Explanatory note

This amendment will bring the language of section 91 (8) into line with the terminology in proposed sections 126 (7), 127 (6), 134 (7), 135 (6) and 156 (5).

[2.59]Section 93 (5), note

substitute

NoteSection 127 (Material that is not part of an Act or statutory instrument) deals with the status of notes.

Explanatory note

This amendment updates the reference to the provision mentioned in the note.  The provision is being relocated to the Legislation Act 2001 by the Bill.

[2.60]Section 93 (10)

omit

an equivalent

substitute

a corresponding

Explanatory note

This amendment is intended to bring the language of section 93 (10) into line with the terminology in proposed sections 126 (7), 127 (6), 134 (7), 135 (6) and 156 (5).

[2.61]Section 97, heading

substitute

  1. References to a law or instrument include law or instrument containing reference (IA s 50 (2))

Explanatory note

This amendment broadens the scope of the heading to the section consequentially on the next amendment.

[2.62]Section 97 (2)

substitute

  1. In an instrument, a reference in general terms to an instrument of the same kind includes a reference to the instrument itself.

  2. In this section:

    instrument means an instrument (other than a law) made or in force under a law.

    law means an Act, subordinate law or disallowable instrument.

Explanatory note

This amendment extends the application of section 97 to statutory instruments that are not subordinate laws or disallowable instruments.  Because of the amendment, a general reference in a kind of instrument (eg a code of practice) to an instrument of the same kind will include the instrument itself (ie the code of practice).  It is not, therefore, be necessary to include words such as ‘(including this code)’ to make it clear that the reference included the instrument itself.

[2.63]New sections 101A and 101B

insert

101AReference to provisions of a law or instrument is inclusive (IA s 14)

  1. In an Act or statutory instrument, a reference to any part of a law or instrument is a reference to the following:

    (a)the provision of the law or instrument that forms the beginning of the part;

    (b)the provision of the law or instrument that forms the end of the part;

    (c)any provision of the law or instrument between the beginning and end of the part.

    Examples

  2. A reference to ‘sections 5 to 9’ includes both section 5 and section 9.

  3. A reference to ‘sections 260 to 264’ includes a provision such as a part heading between section 260 and 261.

  4. A reference to ‘from child to adult’ includes both the word ‘child’ and the word ‘adult’.

·section 102 (2) (first mention)

·section 102 (3) (first mention)

Explanatory note

This amendment inserts a reference to the Supreme Court consequential on the repeal of the Trustee Act 1957 by this Act. That Act provides that references to ‘the court’ in the Trustee Act 1925 are references to the Supreme Court. 

[3.855]References to ‘Registrar-General for the Territory’

omit

Registrar-General for the Territory

substitute

registrar-general

in the following provisions:

·section 12 (4AA)

·section 13 (3)

·section 20 (2)

·section 34 (3)

·section 35 (3)

·section 82 (8)

·section 82A (3)

Explanatory note

This amendment omits redundant language and refers to the office of registrar-general in line with current drafting practice.

[3.856]Insertion of ‘or’ at end of paragraphs

insert

or

at the end of the following provisions:

·section 26 (1) (a) to (c)  and (db) and (e), and (2) (a) and (b)

·section 36 (3) (a)

·section 77 (2) (a)

·section 82 (4) (a) to (d)

Explanatory note

This amendment inserts the disjunctive ‘or’ in line with current drafting practice.

[3.857]Divisions—renumbering

renumber divisions when Act next republished under Legislation Act 2001

Part 3.50Trustee Companies Act 1947

[3.858]Section 25A (3) (a)

omit

Trustee Act 1957

substitute

Trustee Act 1925

Explanatory note

This amendment updates a reference to the Trustee Act.

Part 3.51Unit Titles Act 2001

[3.859]Section 130, heading

substitute

  1. Application of Legislation Act

    (Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on the next amendment.

[3.860]Section 130 (1)

omit

Interpretation Act 1967, Part 3,

substitute

Legislation Act 2001

(Commencement: the commencement of section 2 of this Act or the commencement of the Legislation Act 2001, section 18 (ACT legislation register), whichever is later.)

Explanatory note

This amendment is consequential on amendments of the Interpretation Act 1967 and the Legislation Act 2001 contained in schedule 2 to this Act.  The amendments remake provisions of the Interpretation Act 1967 as provisions of the Legislation Act 2001.

Part 3.52Utilities Act 2000

[3.861]Section 17 (1), definition of customer, paragraph (a)

omit

and

substitute

or

Explanatory note

This amendment corrects a conjunction.

[3.862]Section 17 (1), definition of customer, paragraph (b)

omit

where the context requires,

Explanatory note

This amendment omits unnecessary words.

[3.863]Section 28 (2)

substitute

  1. In this section:

    jurisdictional regulator—see the ICRC Act, section 4A (4) (National Electricity Code—electricity distribution and transmission pricing).

    national electricity code—see the ICRC Act, section 3 (1) (Interpretation).

Explanatory note

This amendment changes the definitions to signpost definitions, in line with current drafting practice.

[3.864]Section 150, heading

substitute

  1. Definitions for pt 10

Explanatory note

This amendment is consequential on the next amendment.

[3.865]Section 150, new definitions of connected and offence

insert

connected—a thing is connected with a particular offence if—

(a)the offence has been committed in relation to it; or

(b)it will provide evidence of the commission of the offence; or

(c)it was used, is being used, or is intended to be used, to commit the offence.

offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.

Explanatory note

This amendment remakes, in standard definition form, 2 definitions presently located in section 151.

[3.866]Section 151

omit

Explanatory note

This amendment is consequential on the last amendment.

[3.867]Section 170 (1)

omit

  1. The

    substitute

    The

Explanatory note

This amendment is consequential on the omission of section 170 (2) by a later amendment in this part.

[3.868]Section 170 (1), new note

insert

NoteThe Interpretation Act 1967, s 25B (1) provides that a provision of an Act that gives an entity (including the council) a function also gives the entity the powers necessary and convenient to exercise the function.

Explanatory note

This amendment inserts a note because of the omission of section 170 (2) by the next amendment.

[3.869]Section 170 (2)

omit

Explanatory note

This amendment omits an unnecessary subsection.  The  Interpretation Act 1967, section 25B (1) covers the matter dealt with in section 170 (2).

[3.870]Section 174 (2), new note

insert

NoteThe Interpretation Act 1967, s 13BB (3) provides that if an Act gives a function or power to a body (including the council), the exercise of the function or power is not affected only because of vacancies in the body’s membership.

Explanatory note

This amendment inserts a note because of the omission of section 174 (3) by the next amendment.

[3.871]Section 174 (3)

omit

Explanatory note

This amendment omits an unnecessary subsection. The  Interpretation Act 1967, section 13BB (3) covers the matter dealt with in section 174 (3).

[3.872]Section 175 (3), new note

insert

NoteA person may be reappointed to a position if the person is eligible for appointment to the position (see Interpretation Act 1967, s 28 (3) (c) and dict, def of appoint).

Explanatory note

This amendment inserts a note because of the omission of section 175 (4) by the next amendment.

[3.873]Section 175 (4)

omit

Explanatory note

This amendment omits an unnecessary subsection. The Interpretation Act 1967, section 28 (3) (c) covers the matter dealt with in section 175 (4).

[3.874]Section 176

omit

Explanatory note

This amendment omits an unnecessary section. The  Interpretation Act 1967, section 28 (8) covers the matter dealt with in this section.

[3.875]Section 177, new note

insert

NoteA member’s appointment also ends if the member resigns (see Interpretation Act 1967, s 28 (8) and (9)).

Explanatory note

This amendment inserts a note because of the omission of section 176 by the above amendment.

[3.876]Section 226, heading

substitute

  1. References in pt 14 to proceeding under this Act

Explanatory note

This amendment revises a section heading to more accurately reflect the contents of the section.

[3.877]Section 248

omit

Explanatory note

This amendment omits an unnecessary definition.

[3.878]Section 253

omit

1 year after it commences

substitute

, or is taken to have expired, on 1 July 2001

Explanatory note

This amendment amends an expiry provision to a division.  The expiry provision was drafted on the assumption that the division would commence on a single day.  In fact provisions of the division commenced on 2 days.  The amendment clarifies the intended expiry of the division.

[3.879]Dictionary, new definition of approved meter

insert

approved meter, for division 6.4 (Passing on supply costs)—see section 97.

Explanatory note

This amendment inserts a new signpost definition into the dictionary.

[3.880]Dictionary, definition of authorised person

substitute

authorised person means a person appointed as an authorised person under section 114.

Explanatory note

This amendment changes a signpost definition to a standard definition.

[3.881]Dictionary, new definitions of connected and customer debt

insert

connected with an offence, for part 10 (Enforcement)—see section 150.

customer debt, for part 12 (Complaints)—see section 184.

Explanatory note

This amendment inserts new signpost definitions into the dictionary.

[3.882]Dictionary, definition of function

omit

Explanatory note

This amendment omits an unnecessary definition.  The  Interpretation Act 1967, dictionary defines function to include power and duty.

[3.883]Dictionary, new definitions of gas distribution network and gas transmission network

insert

gas distribution network—see section 10 (2).

gas transmission network—see section 10 (1).

Explanatory note

This amendment inserts new signpost definitions into the dictionary.

[3.884]Dictionary, definition of ICRC inspector

substitute

ICRC inspector means a person appointed as an ICRC inspector under section 152.

Explanatory note

This amendment changes a signpost definition to a standard definition.

[3.885]Dictionary, new definitions of installation and interference

insert

installation, for part 7 (Network operations)—see section 103.

interference, for part 8 (Protection of networks)—see section 123.

Explanatory note

This amendment inserts new signpost definitions into the dictionary.

[3.886]Dictionary, definitions of network, network operations and occupier

substitute

network—

(a)for this Act—means any of the following:

(i)an electricity network;

(ii)a gas network;

(iii)a sewerage network;

(iv)a water network;

(v)a network prescribed for a prescribed utility service under section 15 (Prescribed utility services); or

(b)for sections 130, 131 and 132—see section 133 (Extended meaning of network).

network operations, for part 7 (Network operations)—see section 103.

occupier, of premises—

(a)for this Act—means a person who has, or is entitled to, lawful possession or control of the premises (whether alone or together with 1 or more other people); or

(b)for part 10 (Enforcement)–see section 150.

Explanatory note

This amendment amends the definition of network to also refer to its meaning for sections 130 to 132.

This amendment amends the definition of network operations to make it cleat that the term is used in, and therefore defined for, part 7.

This amendment amends the definition of occupier to also refer to its meaning for part 10.

[3.887]Dictionary, new definitions of offence and party

insert

offence, for part 10 (Enforcement)—see section 150.

party, for part 12 (Complaints)—see section 184.

Explanatory note

This amendment inserts new signpost definitions into the dictionary.

[3.888]Dictionary, definition of personal information

substitute

personal information—see the Privacy Act 1988 (Cwlth), section 6 (Interpretation), but does not include information available to a section of the public.

Explanatory note

This amendment changes the definition to a signpost definition in line with current drafting practice.

[3.889]Dictionary, new definitions of proceeding under this Act, registrar and respondent

insert

proceeding under this Act, for part 14 (Vicarious liability)—see section 226.

registrar, for part 12 (Complaints)—see section 184.

respondent, for part 12 (Complaints)—see section 184.

Explanatory note

This amendment inserts new signpost definitions into the dictionary.

[3.890]Dictionary, definitions of technical inspector and utility

substitute

technical inspector means a person appointed as a technical inspector under section 67 (Technical inspectors).

utility—

(a)for this Act—means a person licensed to provide a utility service; or

(b)for part 9 (Controller’s power to take over operations)—see section 134.

Explanatory note

This amendment changes the signpost definition of technical inspector to a standard definition.

This amendment amends the definition of utility to also refer to its meaning for part 9.

[3.891]Dictionary, new definition of withdrawal

insert

withdrawal, for part 12 (Complaints)—see section 184.

Explanatory note

This amendment inserts a new signpost definition into the dictionary.

Part 3.53Victims of Crime Regulations 2000

[3.892]Dictionary, definition of the Act

omit

Explanatory note

This amendment omits an unnecessary definition.  The Interpretation Act 1967, section 55B provides that, in regulations, a reference to the Act is a reference to the Act under which the regulations are made.


Schedule 4Repeal of redundant or obsolete Acts and regulations

(see s 6)

Part 4.1Former NSW Acts incorporated in other laws

Explanatory note for pt 4.1

The Acts repealed by this part are former NSW Acts.  The provisions of the Apportionment Act 1905, the Dedication by User Limitation Act 1902 and the Partition Act 1900 are incorporated into the Conveyancing Act 1919 by amendments in this Act. 

The provisions of the Conveyancing and Law of Property (Supplemental) Act 1901 are incorporated into the Trustee Act 1925 by an amendment in schedule 3 of this Act.

All of these Acts are, therefore, redundant.

Apportionment Act 1905
Conveyancing and Law of Property (Supplemental) Act 1901
Dedication By User Limitation Act 1902
Partition Act 1900

Part 4.2Acts that formerly applied NSW Acts as laws of the Territory

Division 4.2.1           Conveyancing Act 1951

Explanatory note for div 4.2.1

The Conveyancing Act 1951 is an Act that formerly applied provisions of a New South Wales law (the Conveyancing Act 1919) as a law of the Territory.

Because of amendments of the Interpretation Act 1967 made by the Law Reform (Miscellaneous Provisions) Act 1999, former NSW Acts in force in the Territory immediately before 10 November 1999 became, for all purposes, laws made by the Legislative Assembly.  The provision of the Conveyancing Act 1951 that applied provisions of the Conveyancing Act 1919 (NSW) as a law of the Territory (s 3) is, therefore, redundant.

The Conveyancing Act 1951, section 4 deals with the meaning of the ‘commencement of this Act’ in the Conveyancing Act 1919 (NSW) (as applied by the Conveyancing Act 1951).  It means the day the Conveyancing Act 1951 commenced, 1 November 1951.  Those provisions of the Conveyancing Act 1919 (NSW) that were applied by the Conveyancing Act 1951 that refer to the ‘commencement of this Act’ have been amended (in schedule 3) to refer to 1 November 1951.

The Conveyancing Act 1951, section 5 applies that Act to particular transactions. That section is spent. However, its effect is saved by the Interpretation Act 1967, section 42 (1).

Conveyancing Act 1951 No 10

Division 4.2.2           Law of Property (Miscellaneous Provisions) Act 1958

Explanatory note for div 4.2.2

The Law of Property (Miscellaneous Provisions) Act 1958 is an Act that formerly applied provisions of a New South Wales law (the Conveyancing Act 1919) as a law of the Territory and adopted a rule about contract law.

Because of amendments of the Interpretation Act 1967 made by the Law Reform (Miscellaneous Provisions) Act 1999, former NSW Acts in force in the Territory immediately before 10 November 1999 became, for all purposes, laws made by the Legislative Assembly.  The provision of the Law of Property (Miscellaneous Provisions) Act 1958 that applied provisions of the Conveyancing Act 1919 (NSW) as a law of the Territory (s 3) is, therefore, redundant.

The Law of Property (Miscellaneous Provisions) Act 1958, section 2 is a spent repeal section.

The Law of Property (Miscellaneous Provisions) Act 1958, section 4 is about stipulations in a contract. The section has been relocated, in a more modern form, to the Law Reform (Miscellaneous Provisions) Act 1955 (by an amendment in schedule 3).

Law of Property (Miscellaneous Provisions) Act 1958 No 7

Division 4.2.3           Trustee Act 1957

Explanatory note for div 4.2.3

The Trustee Act 1957 is an Act that formerly applied provisions of 2 New South Wales laws (the Trustee Act 1925 and the Conveyancing Act 1919) as laws of the Territory.  The Trustee Act 1957 also applied the rule in Howe v Earl of Dartmouth (7 Ves. 137) to leases in the ACT.

Because of amendments of the Interpretation Act 1967 made by the Law Reform (Miscellaneous Provisions) Act 1999, former NSW Acts in force in the Territory immediately before 10 November 1999 became, for all purposes, laws made by the Legislative Assembly.  The provisions of the Trustee Act 1957 that applied provisions of the Trustee Act 1925 (NSW) as a law of the Territory (part 2) are, therefore, redundant. The provisions of the Trustee Act 1957 that applied provisions of the Conveyancing Act 1919 (NSW) as a law of the Territory (part 3, division 1) are also redundant.

The Trustee Act 1957, part 3, division 2 deals with the powers of trustees in relation to resumption of property. The resumption of land held under trust is now dealt with by the Lands Acquisition Act 1994, section 97.

The Trustee Act 1957, part 4 applied the rule in Howe v Earl of Dartmouth (7 Ves. 137) to leases in the ACT. Part 4 has been remade, in a more modern form, in the Trustee Act 1925 by an amendment in schedule 3.

Trustee Act 1957 No 14

Part 4.3Amending regulations

Explanatory note for pt 4.3

The regulations repealed by this part are amending regulations made before 1 January 2000.

The purpose of the regulations repealed by this part ended when the last of their amending provisions commenced.  The effect of repealed amending regulations is preserved by the Interpretation Act 1967, section 39 (as applied by the Subordinate Laws Act 1989, s 9).

The repeal of the pre-1 January 2000 regulations by this part complements provisions included in the Interpretation Act 1967 in 1999 that provide 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).

The repeals made by this part complete the repeal of the remaining pre-1 January 2000 amending and repealing subordinate laws.  This will make it easier for users of ACT legislation to be certain they have found all legislation on a particular topic.

Amendments of the Co-operative Trading Society Regulations 1956 No 13
Amendments of the Co-operative Society Regulations 1979 Nos 24 and 27
Cooperative Societies Regulations (Amendment) 1982 Nos 52 and 53
Cooperative Societies Regulations (Amendment) 1985 Nos 8 and 18 Cooperative Societies Regulations (Amendment) 1986 Nos 1, 2 and 25 Cooperative Societies Regulations (Amendment) 1987 No 12
Cooperative Societies Regulations (Amendment) 1990 No 11
Cooperative Societies Regulations (Amendment) 1991 No 19

Part 4.4Other redundant or obsolete Acts and regulations

Explanatory note for pt 4.4

This part repeals Acts and regulations that are obsolete or redundant.

The Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 is no longer required to regulate the provision of education and training services to overseas students in the ACT.  This is now regulated by the Education Services for Overseas Students Act 2000 (Cwlth).  The Education Services for Overseas Students (Registration and Regulation of Providers) Regulations are expressly repealed because the Act under which they are made is being repealed.

The Inebriates Act 1900 is a former NSW Act.  Its provisions are obsolete.

The Inebriates (Amendment) Act 1909 is a former NSW Act that amended the  Inebriates Act 1900.

The Inebriates Act 1900 and the Inebriates (Amendment) Act 1909 were repealed by the Mental Health Act 1983, but the repealing provisions were never commenced and the Mental Health Act 1983was repealed by the Mental Health (Consequential Provisions) Act 1994.

The Public Health (Miscellaneous Provisions) Act 1997 is an amending Act.  The remaining provisions of the Act are to commence in the near future.

The Referendum (Machinery Provisions) Regulations made machinery provisions for the referendum that entrenched the principles of the proportional representation (Hare-Clark) electoral system.  The regulations are spent.

The Self-Government (Transitional Provisions) Act 1989 made transitional provisions for self-government.  The provisions are no longer needed and their previous operation is saved by the Interpretation Act 1967, section 42 (Repeal does not end transitional or validating effect etc).

Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 No 77
Education Services for Overseas Students (Registration and Regulation of Providers) Regulations SL 1994 No 48
Inebriates Act 1900
Inebriates (Amendment) Act 1909
Public Health (Miscellaneous Provisions) Act 1997 No 70
Referendum (Machinery Provisions) Regulations SL 1995 No 2


Self-Government (Transitional Provisions) Act 1989 No 23

Endnote

Penalty units

  1. The Interpretation Act 1967, s 33AA deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 15 June 2001]

© Australian Capital Territory 2001

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