Statute Law Amendment Act 2002 (ACT)

Statute Law Amendment Act 2002

Act 2002 No 30

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Purpose  2

4. Notes  2

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

6. Acts repealed—sch 4  3

Schedule 1        Minor amendments  4

Part 1.1              Evidence (Miscellaneous Provisions) Act 1991            4

Part 1.2              Health and Community Care Services Act 1996           4

Schedule 2        Structural amendments  6

Part 2.1              Legislation Act 2001  6

Schedule 3        Technical amendments  10

Part 3.1              ACTEW/AGL Partnership Facilitation Act 2000           10

Part 3.2              ACTION Authority Act 2001  11

Part 3.3              Animal Welfare Regulations 2001  21

Part 3.4              Architects Act 1959  22

Part 3.5              Auditor-General Act 1996  23

Part 3.6              Building Regulations Amendment SL 2001 No 21        30

Part 3.7              Community Title Act 2001  30

Part 3.8              Compensation (Fatal Injuries) Act 1968  34

Part 3.9              Conveyancing Act 1919  38

Part 3.10            Conveyancing and Law of Property Act 1898             49

Part 3.11            Court Security Act 2001  54

Part 3.12            Crimes (Forensic Procedures) Act 2000  56

Part 3.13            Crown Proceedings Act 1992  58

Part 3.14            Dangerous Goods Act 1975  60

Part 3.15            Dangerous Goods Regulations 1978  78

Part 3.16            Defamation Act 2001  82

Part 3.17            Dental Technicians and Dental Prosthetists Registration Act 1988        84

Part 3.18            Domestic Animals Act 2000  85

Part 3.19            Domestic Animals Regulations 2001  94

Part 3.20            Eggs (Labelling and Sale) Act 2001  95

Part 3.21            Electoral Act 1992  95

Part 3.22            Electoral Regulations 1993  136

Part 3.23            Electronic Transactions Act 2001  137

Part 3.24            Executive Documents Release Act 2001                  139

Part 3.25            Financial Management Act 1996  140

Part 3.26 Financial Management Legislation Amendment Act 2001 No 45  142

Part 3.27            Firearms Act 1996  142

Part 3.28            Firearms Regulations 1997 SL 1997 No 13               143

Part 3.29            Fisheries Act 2000  143

Part 3.30            Fisheries Regulations 2001  144

Part 3.31            Food Act 2001  144

Part 3.32            Gaming Machine Act 1987  146

Part 3.33            Government Procurement Act 2001  148

Part 3.34            Government Solicitor Act 1989  152

Part 3.35            Guardianship and Management of Property Act 1991  152

Part 3.36            Health and Community Care Services Act 1996         154

Part 3.37            Health Professions Boards (Procedures) Act 1981     154

Part 3.38            Land (Planning and Environment) Act 1991              155

Part 3.39            Land (Planning and Environment) Regulations 1992   208

Part 3.40            Leases (Commercial and Retail) Act 2001                223

Part 3.41            Legislative Assembly (Broadcasting) Act 2001          228

Part 3.42            Legislative Assembly Precincts Act 2001                229

Part 3.43            Legislation (Consequential Amendments) Act 2001    230

Part 3.44            Liquor Act 1975  231

Part 3.45            Low-alcohol Liquor Subsidies Act 2000                   232

Part 3.46            Magistrates Court Act 1930  234

Part 3.47            Major Events Security Act 2000  237

Part 3.48            Mediation Act 1997  238

Part 3.49            Mental Health (Treatment and Care) Act 1994           240

Part 3.50            National Environment Protection Council Act 1994    241

Part 3.51            Plumbers, Drainers and Gasfitters Board Act 1982     241

Part 3.52            Pounds Act 1928  242

Part 3.53            Prisoners’ Interstate Leave Act 1997  242

Part 3.54            Prostitution Act 1992  247

Part 3.55            Protection Orders Act 2001  251

Part 3.56            Public Health Regulations 2000  255

Part 3.57            Public Place Names Regulations 2001  255

Part 3.58            Race and Sports Bookmaking Act 2001                   255

Part 3.59            Rehabilitation of Offenders (Interim) Act 2001           257

Part 3.60Rehabilitation of Offenders (Interim) Regulations 2001 263

Part 3.61            Residential Tenancies Act 1997  263

Part 3.62            Roads and Public Places Act 1937  263

Part 3.63            Road Transport (Alcohol and Drugs) Act 1977           274

Part 3.64            Road Transport (Dimensions and Mass) Act 1990      275

Part 3.65            Road Transport (Dimensions and Mass) Regulations 2000        276

Part 3.66            Road Transport (Driver Licensing) Act 1999             277

Part 3.67            Road Transport (Driver Licensing) Regulations 2000  281

Part 3.68            Road Transport (General) Act 1999  282

Part 3.69            Road Transport (General) Regulations 2000             296

Part 3.70Road Transport (Public Passenger Services) Act 2001 296

Part 3.71 Road Transport (Public Passenger Services) Act 2001 No 62     300

Part 3.72            Road Transport (Safety and Traffic Management) Act 1999        301

Part 3.73            Road Transport (Safety and Traffic Management) Regulations 2000       304

Part 3.74            Road Transport (Vehicle Registration) Act 1999        306

Part 3.75Road Transport (Vehicle Registration) Regulations 2000 309

Part 3.76            Sale of Motor Vehicles Act 1977  310

Part 3.77            Smoke-free Areas (Enclosed Public Places) Regulations 1994    313

Part 3.78            Stadiums Authority Act 2000  313

Part 3.79            Statute Law Amendment Act 2001 (No 2)                 324

Part 3.80            Supreme Court Act 1933  324

Part 3.81            Surveyors Act 2001  347

Part 3.82            Tobacco Act 1927  351

Part 3.83            Tree Protection (Interim Scheme) Act 2001               353

Part 3.84            Unit Titles Act 2001  358

Part 3.85            Unit Titles Regulations 2001  363

Part 3.86            University of Canberra Act 1989  364

Part 3.87            Unlawful Games Act 1984  376

Part 3.88            Utilities (Telecommunications Installations) Act 2001 376

Part 3.89            Utility Networks (Public Safety) Regulations 2001      379

Part 3.90            Waste Minimisation Act 2001  379

Part 3.91            Waste Minimisation Regulations 2001  383

Part 3.92            Water and Sewerage Regulations 2001  383

Schedule 4        Repeal of redundant or obsolete Acts              385

Part 4.1              Act that is no longer needed  385

Part 4.2              Amending Acts without substantive provisions        385

Part 4.3              Amending Acts with substantive provisions             386

Statute Law Amendment Act 2002

Act 2002 No 30

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

Notified under the Legislation Act 2001 on 16 September 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Statute Law Amendment Act 2002.

2. Commencement

3. This Act commences on the day after its notification day.

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 text ‘commencement:’, at the end of the amendment.

   Example

   An amendment followed by ‘(commencement: 12 July 2001)’ means that the amendment is taken to have commenced on 12 July 2001.

6. Purpose

   The purpose of this Act is to improve the quality of the statute law of the Territory by amending or repealing Acts and regulations for the purpose of statute law revision.

7. Notes

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

   NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

8. Acts and regulations amended—schs 1-3

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

9. Acts repealed—sch 4

10. Schedule 4 repeals the Acts mentioned in it.

11. The Financial Sector Reform (ACT) Act 1999 and the University of Canberra (Transfer) Act 1997 are declared to be laws to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.

Schedule 1Minor amendments

(see s 5)

Part 1.1Evidence (Miscellaneous Provisions) Act 1991

[1.1]Section 4 (b)

substitute

(b)for proceedings of a kind mentioned in section 5 (a), (b), (c) or (e) that relate to the alleged commission of a sexual offence—the complainant.

Explanatory note

This amendment brings the language of the paragraph into line with current drafting practice and updates a cross-reference that was inadvertently missed when the Act was amended by the Protection Orders (Consequential Amendments) Act 2001.  The amendment will ensure that the provisions of the Evidence (Miscellaneous Provisions) Act 1991, part 2 (which is about the giving of evidence of sexual offences by children) apply to proceedings under the Protection Orders Act 2001.  The provisions of the part previously applied to proceedings under the Domestic Violence Act 1986, now named the Domestic Violence Agencies Act 1986, which was largely replaced by the Protection Orders Act 2001.  The amendment is explained further in the explanatory memorandum.

Part 1.2Health and Community Care Services Act 1996

[1.2]New section 32 (3) and (4)

insert

1. For subsection (1), a determination may adopt a health benefits agreement (or a provision of a health benefits agreement) as in force from time to time.

   Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).

   Note 2A notifiable instrument must be notified under the Legislation Act 2001.

2. In this section:

   health benefits agreement means an agreement between the service or the Territory and an entity that provides health benefits to contributors of a health benefits fund conducted by the entity.

Explanatory note

This amendment provides for a determination of fees and charges to adopt the charges set out in agreements, as in force from time to time, with health benefits organisations.  This approach removes the need for a determination to set out a voluminous number of charges that have been agreed with health benefits organisations and for the determination to be revised each time a charge is altered.

Schedule 2Structural amendments

(see s 5)

Part 2.1Legislation Act 2001

[2.1]Section 36 (1) (g)

substitute

(g)a matter arising under a Territory law that is part of a uniform scheme of legislation or complementary with legislation of the Commonwealth, a State or New Zealand;

Explanatory note

This amendment makes 2 minor changes to the paragraph that provides that a regulatory impact statement is not required for uniform or complementary legislation.  First, this amendment adds New Zealand to the jurisdictions that can be involved.  Many uniform or complementary legislative schemes now involve New Zealand as well as the Commonwealth, States and other Territories.  Second, this amendment clarifies the nature of uniform legislation to which the paragraph applies.  Under the existing paragraph the Territory law must be substantially uniform with legislation of another jurisdiction.  This amendment changes this to require that the Territory law be part of a uniform scheme of legislation.  This amendment more accurately reflects the nature of uniform legislative schemes and recognises that uniform legislative schemes do not always require a Territory law that is substantially uniform with the law of another jurisdiction.  For example, the scheme may provide for a Territory law to give legislative force in the ACT to legislation enacted in another jurisdiction.  The uniform credit scheme is an example of such a uniform legislative scheme.

[2.2]Section 54 (1), new note

insert

NoteThe Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws (see that Act, s 5).

Explanatory note

This amendment adds a note about the legislation under which statutory declarations for ACT laws are made.

[2.3]Section 89 (3) and (4)

omit

on the day

substitute

immediately

(commencement: 12 September 2001)

Explanatory note

The Parliamentary Counsel’s Office endeavours to republish all new laws on the legislation register on the day they commence.  The office also republishes a new version of republished laws every time the law is affected by an amendment, modification or expiry.  Section 89 (3) and (4) presently provides for the automatic repeal of amendment and commencement provisions on the day after they have commenced.  Under this amendment the repeal will happen immediately after the provisions have fully operated.  This amendment will allow the Parliamentary Counsel’s Office to maintain its existing republication practices without the need to prepare an additional version of every new law on the day after the day of its commencement.  This amendment is backdated to the establishment of the legislation register.

[2.4]Section 106 (1), example

substitute

Example

A reference to the ‘XYZ Act 2000 (repealed)’ is a reference to the XYZ Act 2000 immediately before it was repealed.

Explanatory note

This amendment brings the example into line with current drafting practice relating to references to repealed laws.

[2.5]Section 126 (2) (b)

omit

another Act

substitute

the Act

Explanatory note

This amendment clarifies the operation of the section.

[2.6]Section 146 (4), new definition of inserted

insert

inserted, for a provision, includes inserted in substitution for another provision.

Explanatory note

This amendment makes it clear that the rules in section 146 about the meaning of may and must apply to provisions inserted in substitution for other provisions.

[2.7]Section 246, definition of home address

omit

under the law

substitute

under a law

Explanatory note

This amendment corrects a minor typographical error.

[2.8]Dictionary, part 1, new definitions

insert

custodial escort means a person appointed as an escort under the Custodial Escorts Act 1998, section 4.

director of corrective services means the Director of Corrective Services under the Periodic Detention Act 1995.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.

remand centre means an area declared under the Remand Centres Act 1976 to be a remand centre or a temporary remand centre.

remand centre administrator means the Administrator under the Remand Centres Act 1976, section 6.

sentence administration board means the Sentence Administration Board under the Rehabilitation of Offenders (Interim) Act 2001.

Explanatory note

The dictionary, part 1 contains definitions of entities, officials, things and concepts that are used from time to time in ACT laws.  Once a term is defined in the dictionary, part 1 it applies to all ACT laws and does not need to be repeated in individual laws.

[2.9]Dictionary, part 1, definition of under

substitute

under, in relation to an Act or statutory instrument or a provision of an Act or statutory instrument, includes the following:

(a)by;

(b)by virtue of;

(c)for or for the purposes of;

(d)in accordance with;

(e)in pursuance of;

(f)pursuant to;

(g)within the meaning of.

Explanatory note

This amendment adds paragraphs (b), (e) and (f) to cover other phrases that are equivalent to the word under in most legislative contexts and brings the definition into line with current drafting practice.

Schedule 3Technical amendments

(see s 5)

Part 3.1ACTEW/AGL Partnership Facilitation Act 2000

[3.1]Section 25 (2) (a)

omit

the discharge by ACTEW of any of its powers or functions as employer, other than a power or function

substitute

the exercise by ACTEW of any of its functions as employer, other than a function

Explanatory note

This amendment updates language.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include power.  These are the drafting terms that are now used in relation to functions and powers.

[3.2]Section 32 (2)

omit

is guilty of

insert

commits

Explanatory note

This amendment brings language into line with current drafting practice.

[3.3]Section 34 (1)

omit

perform

substitute

exercise

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

Part 3.2ACTION Authority Act 2001

[3.4]Section 3

substitute

1. 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 ‘relevant person, for division 5.1 (Conduct of persons associated with the authority—see section 30.’ means that the term ‘relevant person’ is defined in that section and the definition applies to that division.

   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 Legislation Act 2001, s 155 and s 156 (1)).

2. Notes

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

   NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment.

[3.5]Section 5 (g) and (h)

substitute

(g)to exercise any other function given to it under this Act or another Territory law; and

(h)to carry out activities incidental to its other functions.

NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).

Explanatory note

This amendment brings the paragraphs into line with current drafting practice and adds a standard note about necessary and convenient powers related to a function.  This amendment is consequential on the omission of section 6 by another amendment.

[3.6]Section 6

omit

Explanatory note

This section is no longer necessary because of the Legislation Act 2001, section 196 (1). That subsection provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function.

[3.7]Section 9 (2) (b)

omit

performs

substitute

exercises

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.8]Section 10

substitute

1. Constitution of board

2. The board consists of the directors.

3. The directors of the authority are—

   (a)the appointed directors; and

   (b)the chief executive.

4. However, the board consists of only the appointed directors when it is considering or deciding—

   (a)the appointment, or the ending of the appointment, of the chief executive; or

   (b)the chief executive’s conditions of appointment.

Explanatory note

This amendment brings the section into line with current drafting practice and omits section 10 (4) which is no longer necessary because of the Legislation Act 2001, section 199 (4). That subsection provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership.

[3.9]Section 11 (1), new notes

insert

Note 1For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).

Explanatory note

This amendment adds a standard note about appointments.

[3.10]Section 11 (3)

substitute

1. An appointment must not be for a term longer than 3 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).

Explanatory note

This amendment brings the subsection into line with current drafting practice and adds a standard note about reappointment.

[3.11]Section 13

omit

discharge of his or her functions

substitute

exercise of a function

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.12]Section 14, heading

substitute

1. Ending of appointment of director

Explanatory note

This amendment brings the section’s heading into line with current drafting practice.

[3.13]Section 14 (1)

omit

terminate

substitute

end

Explanatory note

End is the drafting term that is now used in relation to appointments.

[3.14]Section 14 (1) (f) (i)

substitute

(i)punishable by imprisonment for 1 year or more; or

Explanatory note

This amendment brings the language of the subparagraph into line with current drafting practice.

[3.15]Section 14 (1), new note

insert

NoteAn appointed director’s appointment also ends if the director resigns (see Legislation Act 2001, s 210).

Explanatory note

This amendment adds a standard note about resignation from an appointment.

[3.16]Section 14 (2)

substitute

1. The Minister may end the appointment of an appointed director if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the directors, to recommend to the Minister that the director’s appointment be ended.

Explanatory note

This amendment updates language by changing the references to the termination of an appointment to the ending of an appointment.  End is the drafting term that is now used in relation to appointments.

[3.17]Section 15 (1)

omit

pecuniary

substitute

financial

Explanatory note

This amendment updates language.

[3.18]Section 16

substitute

1. Calling meetings of board

2. The chairperson or, if the chairperson cannot do so, the deputy chairperson—

   (a)may at any time call a meeting of the board; and

   (b)must call a meeting of the board if asked by the Minister or, in writing, by at least 2 directors.

3. A person who calls a meeting of the board must give the other directors reasonable notice of the time and place of the meeting.

Explanatory note

This amendment updates language and simplifies the section in accordance with current drafting practice.

[3.19]Division 3.1, heading

omit

Explanatory note

This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.

[3.20]Section 19

substitute

1. Appointment of chief executive

2. The authority must appoint a person as the chief executive of the authority.

   NoteFor the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

3. The chief executive’s conditions of appointment are the conditions agreed to between the authority and the chief executive.

4. However, the authority may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the board.

5. Despite any agreement under subsection (2), the authority may end the appointment of a chief executive without compensation if the chief executive contravenes section 20 (2) or division 5.1 (Conduct of persons associated with the authority).

   NoteThe chief executive’s appointment also ends if the chief executive resigns (see Legislation Act 2001, s 210).

Explanatory note

This amendment brings the section into line with current drafting practice and omits section 19 (2) which is no longer necessary because of the Legislation Act 2001, section 209 (1). That subsection provides that a power of appointment includes the power to make acting appointments during vacancies and when the person holding the position cannot exercise the functions of the position.

[3.21]Section 20, heading

substitute

1. Functions of chief executive

Explanatory note

This amendment is consequential on the omission of the division headings of part 3 by other amendments.

[3.22]Section 20 (2)

omit

performing

substitute

exercising

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.23]Division 3.2, heading

omit

Explanatory note

This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.

[3.24]Section 22 (3)

omit

on account

substitute

because

Explanatory note

This amendment updates language.

[3.25]Section 22 (as amended)

renumber as section 36AA and relocate after section 36

Explanatory note

This amendment relocates the section to a more appropriate place in the Act (the part that deals with transitional matters).  The section will expire on 31 December 2003 when the transitional part expires but section 40 will preserve any ongoing operation of the section.

[3.26]Section 25 (1)

substitute

1. The Minister may give written directions to the authority in relation to the exercise of its functions.

Explanatory note

This amendment brings the subsection into line with current drafting practice by updating language.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.27]Section 25 (3)

substitute

1. The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.

Explanatory note

This amendment brings the subsection into line with current drafting practice by updating language.  Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.

[3.28]Section 26 (3)

substitute

1. The Minister must present a copy of each business plan given to the Minister under subsection (2) to the Legislative Assembly within 6 sitting days after the day the Minister receives it.

Explanatory note

This amendment brings the subsection into line with current drafting practice by updating language.  Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.

[3.29]Part 6, heading

substitute

Part 6Transitional provisions

Explanatory note

This amendment retitles the part in accordance with current drafting practice.

[3.30]Section 40 (1)

substitute

1. This part, and the definition of commencement day in the dictionary, expire on 31 December 2003.

Explanatory note

This amendment provides for the omission of a definition that will become spent on the omission of the transitional provisions.

[3.31]New dictionary

insert

Dictionary

(see s 2)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     appoint

·     chief executive

·     contravene

·     exercise

·     function.

appointed director means a person appointed to be a director of the authority under section 11 (1).

authority means the ACTION Authority established under section 4 (1).

board means the board of management of the authority established under section 8.

chief executive means a person appointed as the chief executive under section 19.

commencement day means 1 January 2002.

director means a director of the authority.

relevant person, for division 5.1 (Conduct of persons associated with the authority)—see section 30.

Explanatory note

This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.  The definitions have been updated, and a new signpost definition of relevant person added, in accordance with current drafting practice.

Part 3.3Animal Welfare Regulations 2001

[3.32]Regulation 8 (5)

omit

regulation

substitute

subregulation

Explanatory note

This amendment corrects a reference to a provision name.

Part 3.4Architects Act 1959

[3.33]Section 17 (6) and (7)

omit

Explanatory note

Section 17 (6) vests jurisdiction in the Supreme Court to hear appeals under the section.  This provision is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.

Section 17 (7) seeks to remove the Supreme Court’s power to review a decision of the board under section 26 in relation to an application for registration by a person who has been removed from the register for disciplinary reasons.  It conflicts with the Self-Government Act, section 48A which gives the Supreme Court all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.

The omission of section 17 (7) will apply the right under section 17 (2) to seek a statement of reasons to a decision made under section 26.  However, this is no more than the right given by the Administrative Decisions (Judicial Review) Act 1989, section 13.

[3.34]Section 25 (5)

omit

Explanatory note

This amendment omits a provision that vests jurisdiction in the Supreme Court to hear appeals under the section.  It is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.

[3.35]Section 37

substitute

1. Witness fees and travelling expenses

2. This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).

3. The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.

   NoteFor the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.

4. The fees and expenses are payable by—

   (a)if the witness attended at the request of the chairperson or deputy chairperson or a public servant—the Territory; or

   (b)in any other case—the person who requested the attendance of the witness.

Explanatory note

This amendment does not make a substantive change in the entitlements of a witness.  The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale.  The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale.  The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.

Part 3.5Auditor-General Act 1996

[3.36]Section 1

substitute

1. Name of Act

   This Act is the Auditor-General Act 1996.

Explanatory note

This amendment brings the naming provision of the Act into line with current drafting practice.

[3.37]Section 3 (1), definitions of subsidiary and Territory owned corporation

omit

Explanatory note

The definition of Territory owned corporation is unnecessary because the term is defined in the Legislation Act 2001, dictionary, part 1.  The definition of subsidiary is included as a signpost definition in a new dictionary inserted made by another amendment.

[3.38]Section 3 (1), remaining definitions

relocate to the dictionary

Explanatory note

This amendment relocates the remaining definitions to a new dictionary inserted by another amendment.

[3.39]Section 3, remainder

substitute

1. 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 ‘subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1).’ means that the term ‘subsidiary’ is defined in that subsection and the definition applies to this Act.

   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 Legislation Act 2001, s 155 and s 156 (1)).

2. Application of words and expressions used in Financial Management Act

   A word or expression defined in the Financial Management Act has the same meaning in this Act.

3ANotes

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

NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds standard dictionary and notes provisions in accordance with current drafting practice and adds the substance of section 3 (2) as new section 3.  A new dictionary is inserted by another amendment.

[3.40]Section 10

omit

conferred on

substitute

given to

Explanatory note

Given is the drafting term that is now used in relation to functions.

[3.41]Section 12 (3)

substitute

1. In this section:

   ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:

   (a)the precautionary principle;

   (b)the inter-generational equity principle;

   (c)conservation of biological diversity and ecological integrity;

   (d)improved valuation and pricing of environmental resources.

   the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

   the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Explanatory note

This amendment breaks a definition up into several definitions in line with current drafting practice.

[3.42]Section 17 (7)

substitute

1. In this section:

   Speaker, for a report given to the Deputy Speaker or clerk under section 4 (Reports to be given to Speaker), means the Deputy Speaker or clerk, as the case requires.

Explanatory note

This amendment recasts the definition to bring the form of the definition into line with current drafting practice.

[3.43]Section 21

omit

Unless the contrary intention appears, the provisions of the

substitute

The

Explanatory note

This amendment omits words that are no longer necessary because of the Legislation Act 2001, section 155 (see also s 130, especially example 4).

[3.44]Section 26

substitute

1. Delegation

   The auditor-general may delegate the auditor-general’s functions under this Act to—

   (a)a member of the staff assisting the auditor-general; or

   (b)a person engaged by the auditor-general under section 24 (Contractors).

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the auditor-general’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

[3.45]Schedule 1, clause 1 (1), new note

insert

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Explanatory note

This amendment adds a standard note about appointments.

[3.46]Schedule 1, clause 2

omit

Explanatory note

This amendment omits provisions giving the auditor-general an entitlement to remuneration etc under the Remuneration Tribunal Act 1995.  This is specifically provided for in that Act, section 10 (1) (h).

[3.47]Schedule 1, clause 6

substitute

1. Acting auditor-general

   Before the Executive appoints a person to act as auditor-general, the Minister must consult the presiding member of the public accounts committee about the proposed appointment.

Explanatory note

This amendment recasts clause 6 (2) in accordance with current drafting practice and omits the following unnecessary provisions:

• clause 6 (1) because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes the power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;

• clause 6 (3) because the Legislation Act 2001, section 221 (1) provides that, if a person acts in a position because it is vacant, the person may not act in the position for more than 1 year after the position became vacant;

• clause 6 (4) because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.

[3.48]New dictionary

insert

Dictionary

(see s 2)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     appointment

·     Executive

·     function

·     Speaker

·     Territory owned corporation.

subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1).

Explanatory note

This amendment adds a new dictionary.  The definition of subsidiary was previously located in section 3 (1).

[3.49]Further amendments, mentions of performance

omit

performance

substitute

exercise

in

·section 9

·section 14 (1)

·section 15 (1)

·section 17 (1)

·section 24 (1)

·sections 32 and 33

·section 34 (1).

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

Part 3.6Building Regulations Amendment SL 2001 No 21

[3.50]Regulation 1

substitute

1. Commencement

   These regulations commence on the day they are notified in the Gazette.

(commencement: 12 July 2001)

Explanatory note

The commencement provision of these regulations provided that the regulations ‘commence on the commencement of the Building Amendment Act 2001’.  That Act commenced on 1 July 2001 (that is, the day that Act was notified in the Gazette).  However, the regulations were not notified in the Gazette until 12 July 2001.

The backdating of this amendment makes it clear that the regulations validly commenced on the day they were notified in the Gazette.  This result is consistent with the provision now made by the Legislation Act 2001, section 73 (3) (which is about the commencement of laws).

Part 3.7Community Title Act 2001

[3.51]Section 13 (2) (a)

omit

development statement

substitute

management statement

Explanatory note

This amendment brings the language of the paragraph into line with language used elsewhere in the Act (see especially section 7).

[3.52]Section 27 (1) and (2)

substitute

1. In this section:

   interested person means each of the following:

   (a)the developer of the community title scheme;

   (b)the body corporate;

   (c)an owner or prospective owner of a lot of scheme land;

   (d)the registrar-general;

   (e)anyone else who has, in the Supreme Court’s opinion, a proper interest in the scheme.

2. The Supreme Court may, on application by an interested person, order that a community title scheme be amended if satisfied that it is impossible or impracticable to finish the scheme as proposed in the master plan and management statement.

Explanatory note

This amendment brings the location and form of the definition into line with current drafting practice.

[3.53]Section 28 (2)

omit everything before paragraph (a), substitute

1. In this section:

   interested person means each of the following:

Explanatory note

This amendment brings the form of the definition into line with current drafting practice.

[3.54]Division 8.2, heading

substitute

Division 8.2               Functions of bodies corporate

Explanatory note

This amendment brings the division heading into line with current drafting practice.

[3.55]Section 35, heading

substitute

1. Functions of body corporate

Explanatory note

This amendment brings the section heading into line with current drafting practice.

[3.56]Section 35 (1)

omit

and duties

Explanatory note

Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.

[3.57]Section 44 (1), new notes

insert

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment adds standard notes about appointments and delegations.

[3.58]Section 53 (1), new note

insert

NoteFor how documents may be served, see Legislation Act 2001, pt 19.5.

Explanatory note

This amendment adds a standard note about service of documents.

[3.59]Section 61 (5), new note

insert

NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment adds a standard note about delegations.

[3.60]Section 97 (2), new note

insert

NoteFor other provisions about forms, see Legislation Act 2001, s 255.

Explanatory note

This amendment adds a standard note about approved forms.

[3.61]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     administrative appeals tribunal

·     function

·     Supreme Court

·     Territory owned corporation

·     the Territory.

Explanatory note

This amendment adds standard dictionary notes.

Part 3.8Compensation (Fatal Injuries) Act 1968

[3.62]Section 2

substitute

1. 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 ‘member, of a deceased person’s family—see section 3.’ means that the term ‘member’ is defined in that section.

   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 Legislation Act 2001, s 155 and s 156 (1)).

2ANotes

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

NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment.

[3.63]Section 3 (d)

substitute

(d)a person who, immediately before the death, was acting in place of a parent of the deceased person;

Explanatory note

This amendment updates language.

[3.64]Section 3 (h)

substitute

(h)a person who, although not legally married to the deceased person, was immediately before the death of the deceased person living with the deceased person as wife or husband on a genuine domestic basis.

Explanatory note

This amendment updates language.

[3.65]Section 7

omit

notwithstanding the death of the person injured and irrespective of whether

substitute

despite the death of the person injured and whether or not

Explanatory note

This amendment updates language.

[3.66]Section 10 (4)

omit

prior to

substitute

before

Explanatory note

This amendment updates language.

[3.67]Section 10 (6) (c) (i)

omit

in lieu of

substitute

instead of

Explanatory note

This amendment updates language.

[3.68]Section 13 (2)

substitute

1. A person other than the personal representative of the deceased person may bring an action under this Act only if the action is for the benefit of the members of the deceased person’s family who sustained damage because of the deceased person’s death.

2. This Act applies to the action, with any necessary changes, as if it were an action by the deceased person’s personal representative.

Explanatory note

This amendment modernises the language of the provision and recasts it in accordance with current drafting practice.

[3.69]Section 15 (1)

omit

motion

substitute

initiative

Explanatory note

This amendment updates language.

[3.70]Section 15 (2)

omit

barrister or solicitor, or both

substitute

lawyer

Explanatory note

This amendment updates language.  Lawyer is defined in the Legislation Act 2001, dictionary, part 1 to mean any kind of legal practitioner.

[3.71]Section 15 (4)

omit

, and not in derogation of,

substitute

, and do not limit,

Explanatory note

This amendment updates language.

[3.72]New dictionary

insert

Dictionary

(see s 2)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     public trustee

·     State

·     the Territory.

child, of a deceased person, includes a grandchild and a stepchild of the deceased person.

member, of a deceased person’s family—see section 3.

parent, of a deceased person, includes a stepfather, a stepmother, a grandfather and a grandmother of the deceased person.

personal representative, of a deceased person, means the person to whom any grant of probate of the will or administration of the estate of the deceased person has been made in the Territory or a State, and includes an executor by representation or the public trustee.

Explanatory note

This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.  A new signpost definition of member is inserted in accordance with current drafting practice and the definitions of child and parent have been updated.

Part 3.9Conveyancing Act 1919

[3.73]Section 39

omit

is discharge

substitute

is a discharge

Explanatory note

This amendment improves sentence structure.

[3.74]Section 51A (1)

omit

a purchaser in good faith

substitute

an honest purchaser

Explanatory note

This amendment updates language.

[3.75]Section 51A (1) (a) and (b)

omit

shall be deemed

substitute

is taken

Explanatory note

This amendment updates language.

[3.76]Section 51A (1) (a) and (b)

omit

affixed

substitute

attached

Explanatory note

This amendment updates language.

[3.77]Section 51A (7)

omit

mode

substitute

method

Explanatory note

This amendment updates language.

[3.78]Section 51A (7)

omit

thereof

substitute

of the corporation

Explanatory note

This amendment updates archaic language.

[3.79]Section 51A (7)

omit

modes

substitute

methods

Explanatory note

This amendment updates language.

[3.80]Section 51A (7)

omit

effectual

substitute

effective

Explanatory note

This amendment updates language.

[3.81]Section 66A (1)

omit

made requisite to

substitute

required for

Explanatory note

This amendment updates language.

[3.82]Section 66A (1)

omit

shall be deemed

substitute

is

Explanatory note

This amendment updates language.

[3.83]Section 66A (2)

omit

shall not, in favour of a purchaser, be deemed to be requisite

substitute

is not, in favour of a purchaser, taken to be a requirement

Explanatory note

This amendment updates language.

[3.84]Section 66D (3)

omit

thereto by convey

substitute

to the partition by conveying

Explanatory note

This amendment updates archaic language.

[3.85]Section 66F

substitute

66FDefinitions for div 4.6

In this division:

action, for the partition of property—see section 66G (4) (Power of Supreme Court to order sale instead of partition).

interested person, in relation to property, means a person with an interest in the property.

Explanatory note

This amendment adds a signpost definition of action to the section and consequentially brings the section’s heading into line with current drafting practice.

[3.86]Section 78A

omit

In a conveyance

substitute

1. In a conveyance

Explanatory note

This amendment creates a subsection consequent on the insertion of a new subsection by another amendment.

[3.87]Section 78A

omit

whereto

substitute

to which

Explanatory note

This amendment updates archaic language.

[3.88]Section 78A

omit

of them, shall be reasonably required;

(in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage).

substitute

of them, is reasonably required.

Explanatory note

This amendment updates language and omits the bracketed text consequent on the insertion of new section 78A (2) by another amendment.

[3.89]New section 78A (2)

insert

1. In this section:

   purchase for value does not include a conveyance in consideration of marriage.

Explanatory note

This amendment recasts the qualification to section 78A as a new subsection in line with existing section 78B (2).

[3.90]Section 78B (1)

omit

effectual

substitute

effective

Explanatory note

This amendment updates language.

[3.91]Section 78B (1)

omit

in nowise become

substitute

is not

Explanatory note

This amendment updates archaic language.

[3.92]Section 78B (1)

omit

notwithstanding anything this as aforesaid

substitute

despite this

Explanatory note

This amendment updates archaic language.

[3.93]Section 78C, heading ‘Right to convey, quiet enjoyment’

substitute

Right to convey

Explanatory note

This amendment is consequential on the insertion of a new heading by another amendment.

[3.94]Section 78C, new heading

before

AND also that,

insert the following heading

Quiet enjoyment

Explanatory note

This amendment adds a new heading to improve the structure of the section.

[3.95]Section 78C

omit

thereon

substitute

on the money

Explanatory note

This amendment updates archaic language.

[3.96]Section 78C

omit

thenceforth

substitute

from then on

Explanatory note

This amendment updates archaic language.

[3.97]Section 78C

omit

thereof

substitute

of it

Explanatory note

This amendment updates archaic language.

[3.98]Section 78C

omit

whereto

substitute

to which

Explanatory note

This amendment updates archaic language.

[3.99]Section 78D

omit

effectual

substitute

effective

Explanatory note

This amendment updates language.

[3.100]Section 78D

omit

in nowise become

substitute

is not

Explanatory note

This amendment updates archaic language.

[3.101]Section 78E

omit

title thereunder

substitute

the title under the conveyance

Explanatory note

This amendment updates archaic language.

[3.102]Section 78F (1)

omit

whereby or by means whereof

substitute

under or by means of which

Explanatory note

This amendment updates archaic language.

[3.103]Section 78F (1)

omit

thereof

substitute

of it

Explanatory note

This amendment updates archaic language.

[3.104]Section 78F (3)

omit

shall be deemed

substitute

is taken

Explanatory note

This amendment updates language.

[3.105]Section 78F (3)

omit

such

substitute

the

Explanatory note

This amendment updates language.

[3.106]Section 151D (5)

omit

such caveats as he or she deems

substitute

the caveats the registrar-general considers

Explanatory note

This amendment updates language.

[3.107]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     corporation

·     instrument

·     person

·     provision

·     registrar-general.

Explanatory note

This amendment adds standard dictionary notes.

[3.108]Dictionary, new definition of action

insert

action, for the partition of property, for division 4.6 (Partition)—see section 66G (4) (Power of Supreme Court to order sale instead of partition).

Explanatory note

This amendment adds a signpost definition in accordance with current drafting practice.

Part 3.10Conveyancing and Law of Property Act 1898

[3.109]Section 36 (1)

omit

a bona fide

substitute

a genuine

Explanatory note

This amendment updates language.

[3.110]Section 36 (2)

substitute

1. If payment and settlement are made in accordance with the Supreme Court’s declaration, the court may declare that the sale is valid.

2. On the making of the declaration under subsection (2), the legal estate vests as if the power had been properly executed.

Explanatory note

This amendment updates archaic language.

[3.111]Part 4, heading

substitute

Part 4Leases and sales of settled estates and estates of children

Explanatory note

This amendment updates language.

[3.112]Section 37 (1), definition of settlement

omit

or by virtue of

Explanatory note

This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).

[3.113]Section 37 (2)

omit

shall be deemed

substitute

are taken

Explanatory note

This amendment updates language.

[3.114]Section 37 (2)

omit

and by virtue of

Explanatory note

This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).

[3.115]Section 37 (3)

omit

said

Explanatory note

This amendment omits an unnecessary word.

[3.116]Section 37 (4)

omit

shall be deemed

substitute

is taken

Explanatory note

This amendment updates language.

[3.117]Section 37 (4)

omit

howsoever

Explanatory note

This amendment omits an unnecessary and archaic word.

[3.118]Part 5, heading

substitute

Part 5Renewable leaseholds of children

Explanatory note

This amendment omits a reference to ‘persons under disability’ and revises the heading to refer to children in accordance with current drafting practice.

[3.119]Section 89, heading

substitute

1. Validity of surrenders and leases

Explanatory note

This amendment updates the language of the heading.

[3.120]Section 99

omit

effectual

substitute

effective

Explanatory note

This amendment updates language.

[3.121]Section 101

omit

him or her in lieu of all costs, charges, and expenses whatsoever, such

substitute

the receiver, instead of costs, charges, and expenses,

Explanatory note

This amendment updates and simplifies language.

[3.122]Section 106

omit

shall be deemed and taken

substitute

are taken

Explanatory note

This amendment updates language.

[3.123]Section 106

omit

therein

substitute

in the mortgaged premises

Explanatory note

This amendment updates archaic language.

[3.124]Section 106

omit

unto such

substitute

to the

Explanatory note

This amendment updates archaic language.

[3.125]Section 108 (2)

omit

or such part thereof

substitute

or a part of it

Explanatory note

This amendment updates archaic language.

[3.126]Section 115 (1)

omit

bona fide

substitute

genuine

Explanatory note

This amendment updates language.

[3.127]Section 119

omit

be deemed

substitute

is taken

Explanatory note

This amendment updates language.

Part 3.11Court Security Act 2001

[3.128]Section 16 (1)

omit

, in writing,

Explanatory note

This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.

[3.129]Section 16 (1), note

substitute

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3Each police officer and sheriff’s officer is a security officer (see the dict, def of security officer).

Explanatory note

This amendment adds notes 1 and 2 which are standard notes about appointments.

[3.130]Section 16 (3)

omit

, in writing, revoke

substitute

end

Explanatory note

This amendment omits unnecessary words.  The Legislation Act 2001, section 208 (2) provides that the power to end an appointment is exercisable in the same way as the power to make the appointment.

[3.131]Section 16 (3), new note

insert

NoteA security officer’s appointment also ends if the officer resigns (see Legislation Act 2001, s 210).

Explanatory note

This amendment adds a standard note about resignation from an appointment.

[3.132]Section 18

substitute

1. Delegation of chief executive’s functions

   The chief executive may delegate the chief executive’s functions under this Act to a public servant.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the chief executive’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

[3.133]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     chief executive

·     contravene

·     Executive

·     function

·     power

·     public servant.

Explanatory note

This amendment adds standard dictionary notes.

Part 3.12Crimes (Forensic Procedures) Act 2000

[3.134]Section 17 (4)

substitute

1. In this Act (other than subsection (1)):

   opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

   same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

Explanatory note

This amendment remakes the definitions in accordance with current drafting practice to reflect the actual terms used in the Act.

[3.135]Section 114

substitute

1. Delegation by chief police officer

   The chief police officer may delegate the chief police officer’s functions under this Act to a police officer of the rank of sergeant or above.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment updates the delegation provision by omitting the words ‘in writing’.  The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing. This amendment also adds a standard note about delegations.

[3.136]Dictionary, note 2

insert

·     function

Explanatory note

This amendment is consequent on the omission of the definition of function by another amendment. 

[3.137]Dictionary, definition of function

omit

Explanatory note

This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.

[3.138]Dictionary, definitions of member of the opposite sex and member of the same sex

omit

Explanatory note

This amendment is consequential on the amendment of section 17 (4) by another amendment.

[3.139]Dictionary, new definitions

insert

opposite sex, for a transgender person—see section 17 (4).

same sex, for a transgender person—see section 17 (4).

Explanatory note

This amendment adds signpost definitions into the dictionary in accordance with current drafting practice consequentially on the amendment of section 17 (4) by another amendment.

Part 3.13Crown Proceedings Act 1992

[3.140]New section 3

insert

1. Notes

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

   NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds a standard provision about the legal status of notes.

[3.141]Section 5 (3)

substitute

1. In this section:

   proceedings, against the Crown, includes proceedings to attach earnings or other debts due or accruing from the Territory Crown to someone else.

Explanatory note

This amendment recasts the definition in accordance with current drafting practice.

[3.142]Section 11 (4)

substitute

1. In this section:

   Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.

   Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.

Explanatory note

This amendment recasts the definitions in accordance with current drafting practice.

[3.143]Section 16

substitute

1. Service generally

2. Any process or document relating to proceedings must be served on the Territory Crown by serving the process or document on the chief solicitor.

3. However—

   (a)if this Act makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and

   (b)if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Crown in relation to the proceedings—the process or document must be served on that lawyer.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).

Explanatory note

This amendment brings the form of the section into line with current drafting practice.

Part 3.14Dangerous Goods Act 1975

[3.144]Section 3 (7), definition of overriding law, paragraph (b)

substitute

(b)regulations made under that Act; or

NoteOn the republication date, the following regulations were in force:

·     the Occupational Health and Safety Regulations 1991;

·     the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000;

·     the Occupational Health and Safety (Manual Handling) Regulations 1997.

Explanatory note

This amendment omits a reference to the Occupational Health and Safety Regulations 1991 and applies the paragraph to all the regulations made under the Occupational Health and Safety Act 1989.  This amendment reflects the fact that the regulations under the Occupational Health and Safety Act 1989 are no longer contained in a single set of regulations.

[3.145]Sections 4 to 7

substitute

1. Chief inspector

2. The chief executive must appoint a public servant as the Chief Inspector of Dangerous Goods.

3. The chief inspector is also an inspector.

   Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

4. Inspectors

   The chief executive must appoint a public servant as an inspector for this Act.

5. Analysts

   The chief executive may appoint a public servant as an analyst for this Act.

6. Delegation by chief inspector

   The chief inspector may delegate the chief inspector’s functions under this Act to an inspector or another public servant.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment removes the requirement that the chief executive must create and maintain offices for inspectors etc in the public service. The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time. Standard notes about appointments are also inserted.

This amendment also updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the chief inspector’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

[3.146]Section 8 (1), new note

insert

NoteThe definition of in premises includes on the premises (see the dict).

Explanatory note

This amendment is consequential on the omission of ‘or on’ from the section and the insertion into the dictionary of a new definition of in by other amendments.

[3.147]Section 9 (4)

omit

is not guilty of

substitute

does not commit

Explanatory note

This amendment updates language.

[3.148]Section 9 (4)

omit

conveyed

substitute

transported

Explanatory note

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

[3.149]Division 3.2, heading

substitute

Division 3.2               Transport of dangerous goods

NoteThe definition of in a vehicle includes on the vehicle (see the dict).

Explanatory note

This amendment updates language consequential on the new definition of transport made by another amendment, brings the division heading into line with current drafting practice and adds a note consequential on the new definition of in made by another amendment.

[3.150]Section 10, heading

substitute

1. Licensing of vehicles to carry dangerous goods

Explanatory note

This amendment is consequential on the revised definition of vehicle and brings the section heading into line with current drafting practice.

[3.151]Section 10 (1A) (b)

omit

vehicle or vessel in or on

substitute

vehicle in

Explanatory note

This amendment is consequential on the revised definition of vehicle and the new definition of in made by other amendments.

[3.152]Section 10 (2) (c)

omit

or vessel

Explanatory note

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

[3.153]Sections 11 and 12

substitute

1. Unlicensed carriage of dangerous goods

   A person must not carry dangerous goods prescribed under the regulations for this section in a container that is in, or forms part of, a vehicle unless the person is authorised under section 10 (3) to carry the dangerous goods in the container.

   Maximum penalty:  50 penalty units.

2. Transport of dangerous goods generally

3. A person transporting dangerous goods must take the precautions necessary to prevent access to the goods by people who are not entitled to have lawful access to them.

   Maximum penalty:  50 penalty units.

4. A person must not transport dangerous goods unless any container or vehicle in which the goods are transported is constructed and maintained, and the goods enclosed, so as to prevent the escape of any part of the goods during the ordinary course of their transport.

   Maximum penalty:  100 penalty units.

5. Subsection (2) is subject to any regulation about the venting of dangerous goods.

6. This section does not affect the power to make regulations about the transport of dangerous goods.

Explanatory note

This amendment brings the sections into line with current drafting practice and revises them consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  The heading to section 11 is also brought into line with the scope of the section by referring to ‘carriage’ rather than ‘transport’.

[3.154]Section 14

omit

convey

substitute

transport

Explanatory note

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

[3.155]Section 20 (2) (d)

omit

inexplosive

substitute

non-explosive

Explanatory note

This amendment updates language.

[3.156]Section 23, new note

insert

NoteSell has an expanded meaning that includes offer for sale, expose for sale and supply (see the dict).

Explanatory note

The note explains the extended meaning of ‘sell’ in relation to the offence of unlicensed sale.

[3.157]Section 27 (3)

substitute

1. A licence is subject to—

   (a)any condition prescribed under the regulations that applies to the licence; and

   (b)any condition that is stated in the licence by the chief inspector.

Explanatory note

This amendment brings the subsection into line with current drafting practice.  In particular, it omits references to classes because a statutory instrument may apply to different matters or classes of matters (see the Legislation Act 2001, section 48). Unnecessary references to ‘term’ are also omitted.

[3.158]Section 28 (2)

omit

shall be deemed not to be

substitute

is not

Explanatory note

This amendment updates language.

[3.159]Part 6, heading, new note

insert after the heading

Note for pt 6       

The definition of in a vehicle or premises includes on the vehicle or premises (see the dict).

This amendment is consequential on the new definition of in inserted by another amendment.

[3.160]Section 31 (1) (a)

omit

premises, vehicle or vessel, or examine any container, fixture or fitting in or on

substitute

premises or vehicle, or examine any container, fixture or fitting, in

Explanatory note

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

[3.161]Section 31 (1) (b)

omit

or cause any container to be opened

Explanatory note

This amendment omits unnecessary words.

[3.162]Section 31 (1) (c)

omit

, vehicle or vessel in or on which the substance or article is being kept or conveyed

substitute

or vehicle in which the substance or article is being kept or transported

Explanatory note

This amendment updates language and is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

[3.163]Section 31 (1) (e) and (f)

substitute

(e)give directions in relation to the detention of any substance, article, container or vehicle that has been detained under paragraph (c);

(f)give to the occupier or licensee of licensed premises directions (including written directions) in relation to the premises or the keeping of dangerous goods in the premises;

Explanatory note

This amendment updates language consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  This amendment also simplifies the paragraphs and brings them into line with current drafting practice.

[3.164]Section 31 (1) (i)

omit

the observance of

substitute

compliance with

Explanatory note

This amendment updates language.

[3.165]Section 31 (1) (j)

omit

premises, vehicle or vessel

substitute

premises or vehicle

Explanatory note

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

[3.166]Section 31 (3)

omit

containers, vehicles or vessels

substitute

containers or vehicles

Explanatory note

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

[3.167]Section 31 (4)

omit

due

substitute

payable

Explanatory note

This amendment updates language.

[3.168]Section 31 (7)

substitute

1. An inspector who enters premises or a vehicle under this section is not authorised to remain in the premises or vehicle, and a person is not required to comply with any requirement made by the inspector under this section, if the inspector does not produce his or her identity card for inspection when asked to do so by the occupier or person in charge of the premises or vehicle.

Explanatory note

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

[3.169]Section 40 (1A)

omit

deemed

substitute

taken

Explanatory note

This amendment updates archaic language.

[3.170]Section 40 (2) (a) (i)

omit

or the regulations

Explanatory note

This amendment omits unnecessary words.  A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see the Legislation Act 2001, section 104).

[3.171]Section 40 (2) (b)

omit

referred to in section 49 (4) (e) (i)

substitute

mentioned in section 50 (1) (b)

Explanatory note

This amendment is consequential on another amendment.

[3.172]Section 42 (1)

omit 1st mention of

within

substitute

in

Explanatory note

This amendment updates archaic language.

[3.173]Section 42 (1)

omit

such persons, being inspectors or police officers, as are named

substitute

the inspectors or police officers named

Explanatory note

This amendment omits unnecessary text.

[3.174]Section 42 (1)

omit

vehicle, vessel, fixtures or fittings therein and to search any persons therein

substitute

vehicle, fixture, fittings or people in the house

Explanatory note

This amendment is consequential on the revised definition of vehicle and updates the language of the subsection.

[3.175]Section 43 (2)

substitute

1. If a police officer suspects, on reasonable grounds, that an explosive is being carried in a vehicle in contravention of this Act, the officer may stop and search the vehicle.

Explanatory note

This amendment revises the section consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

[3.176]Section 45 (2), new note

insert

NoteFor other provisions about forms, see Legislation Act 2001, s 255.

Explanatory note

This amendment adds a standard note about approved forms.

[3.177]Section 48

omit

Explanatory note

This amendment omits an unnecessary section.  It is similar to the Legislation Act 2001, section 58 which provides that regulations may make provision about the payment of fees.

[3.178]Section 49 (2)

omit

for or with respect to

substitute

in relation to

Explanatory note

This amendment substitutes the drafting term currently used for regulation-making powers.

[3.179]Section 49 (2) (c)

omit

conveying

substitute

transport

Explanatory note

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

[3.180]Section 49 (2) (d)

omit

vessels,

Explanatory note

This amendment is consequential on the revised definition of vehicle made by another amendment.

[3.181]Section 49 (2) (e)

omit

or prohibiting

Explanatory note

This amendment omits unnecessary words.  The Legislation Act 2001, section 53 provides that power to regulate a matter includes power to prohibit the matter.

[3.182]Section 49 (2) (g)

substitute

(g)regulating smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, activities near dangerous goods and in or near premises, vehicles, containers or pipelines used or that have been used in relation to dangerous goods; and

Explanatory note

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  It also updates the language of the paragraph and omits a reference to prohibiting consequent on the Legislation Act 2001, section 53. That section provides that power to regulate a matter includes power to prohibit the matter.

[3.183]Section 49 (2) (i)

omit

premises licensed under this Act, in a vehicle, vessel or container used for the conveyance

substitute

licensed premises, in a vehicle or container used for the transport

Explanatory note

This amendment is consequential on the revised definition of vehicle and updates a reference to the conveyance of dangerous goods consequential on the insertion into the dictionary of a new definition of transport by another amendment.

[3.184]Section 49 (2) (j)

omit

vessel,

Explanatory note

This amendment is consequential on the revised definition of vehicle made by another amendment.

[3.185]Section 49 (2) (l)

omit

therewith

substitute

those matters

Explanatory note

This amendment updates archaic language.

[3.186]Section 49 (2) (m)

substitute

(m)the driving of vehicles, and the navigation and mooring of vessels, transporting dangerous goods; and

Explanatory note

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

[3.187]Section 49 (4) to (8)

substitute

1. A regulation may—

   (a)exempt a person from the regulations; and

   (b)give a prescribed person power to give an exemption from the regulations.

2. Dangerous goods or explosives may be prescribed by reference to—

   (a)a class of substances, articles, dangerous goods or explosives; or

   (b)the circumstances in which, or other than in which, substances, articles, dangerous goods or explosives are or are not dangerous goods or explosives; or

   (c)a quantity; or

   (d)a flashpoint.

3. Subsection (5) does not limit how dangerous goods or explosives may be prescribed.

4. Regulations may apply certain documents etc

5. The regulations may apply, adopt or incorporate an instrument (including standards, rules, codes or specifications), or a provision of an instrument, as in force from time to time—

   (a)that is approved in writing by the Minister; or

   (b)that has been recommended or adopted by—

   (i)the American Petroleum Institute; or

   (ii)the British Standards Institution; or

   (iii)the Institute of Petroleum; or

   (iv)Standards Australia.

   Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).

   Note 2A notifiable instrument must be notified under the Legislation Act 2001.

6. If an instrument (or a provision of an instrument) adopted under subsection (1) refers to a temperature reading under the Fahrenheit scale, the reading must, unless the contrary intention appears, be applied as a reading under the Celsius scale that is—

   (a)its equivalent; or

   (b)if the equivalent is not a whole number—the next highest whole number.

7. An approval under subsection (1) (a) is a notifiable instrument.

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

Explanatory note

This amendment updates the structure and language (including the reference to Standards Australia) of these provisions in accordance with current drafting practice and to reflect the operation of the Legislation Act 2001, section 47 and section 52 (which give a wide power about how regulations may make provision about a matter).

[3.188]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

omit

Explanatory note

This amendment omits the remainder of existing section 3 consequentially on the insertion of a dictionary by another amendment.

[3.944]Section 4 (5)

omit

Explanatory note

This amendment omits a provision that requires judicial notice to be taken of the university’s seal on a document.  It is unnecessary because the Evidence Act 1995 (Cwlth), section 150 provides that if the imprint of a seal appears on a document and purports to be the imprint of the seal of a stated kind of body, including a body created under a Territory law, it is presumed that the imprint is the imprint of that seal and that the document was duly sealed.  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.

[3.945]Sections 6 (2), 6A (e) and 7 (1)

omit

performance

substitute

exercise

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.946]Section 7 (2) (p) and (q)

substitute

(p)to exercise any other function given to it under this Act or another Territory law; and

(q)to do anything incidental to its functions.

Explanatory note

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

[3.947]Section 7 (4)

substitute

1. The functions of the university may be exercised outside the ACT and Australia.

Explanatory note

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

[3.948]Section 11 (2)

omit

perform

substitute

exercise

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.949]Section 11 (2), new note

insert

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Explanatory note

This amendment adds a note about appointments.

[3.950]Section 15 (1) (f)

omit

Explanatory note

This amendment omits a redundant provision that refers to section 11 (1) (c).  That paragraph was omitted by the University of Canberra (Transfer) Act 1997, section 7 (b). Republication 2 of the University of Canberra Act 1989 renumbered the paragraphs of section 11 (1) so that they formed a single sequence.  Accordingly, the paragraph numbered section 11 (1) (c) in that republication is not the paragraph to which section 15 (1) (f) refers.

[3.951]Section 15 (1) (g) and (h)

renumber as section 15 (1) (f) and (g)

Explanatory note

This amendment is consequential on the omission of section 15 (1) (f).

[3.952]Sections 17 and 18

substitute

1. Delegation by council

2. The council may delegate its functions under this Act to—

   (a)a member of the council; or

   (b)a committee that includes a member of the council; or

   (c)a member of the staff of the university.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

3. However, the council must not delegate its power to make statutes.

4. A function delegated to a committee mentioned in subsection (1) (b) must be exercised by a majority of the members of the committee acting together.

Explanatory note

This amendment brings the delegation provisions into line with current drafting practice.  In particular:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the references to ‘powers’ have been omitted because function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty;

• the provisions for the revocation of delegations have been omitted because the Legislation Act 2001, section 237 (1) provides that a delegation may be amended or revoked by the person giving the delegation.

This amendment also adds a standard note about delegations.

[3.953]Sections 20, 24 (1) and 24A (1), new note

insert

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Explanatory note

This amendment adds a standard note about appointments.

[3.954]Section 24A (3) (b)

omit

perform

substitute

exercise

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.

[3.955]Section 25 (2) (b)

omit

powers and duties

substitute

functions

Explanatory note

This amendment brings the section into line with current drafting practice by removing a reference to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty.

[3.956]Section 27

omit

Explanatory note

This amendment omits an unnecessary provision about acting appointments for the following reasons:

• section 27 (1) is unnecessary because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;

• section 27 (2) is unnecessary because the Legislation Act 2001, section 221 (1) provides that a person may not act for more than 1 year;

• section 27 (3) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.

[3.957]Section 29 (2)

omit

on the ground that

substitute

because of

Explanatory note

This amendment updates language.

[3.958]Section 29 (2) (c) and (d)

substitute

(c)a defect in the convening of a meeting.

Explanatory note

Section 29 (2) (d) is unnecessary because the Legislation Act 2001, section 199 (4) provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership.

[3.959]Section 29A

omit

in good faith in the performance or purported performance

substitute

honestly in the exercise, or purported exercise,

Explanatory note

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also updates language.

[3.960]Section 35

substitute

1. Application of Financial Management Act, pt 6 and pt 8

2. The Financial Management Act 1996, part 6 (Borrowing and guarantees) applies in relation to the university as if section 45 (Loans to be paid into Territory banking account) were omitted.

3. The Financial Management Act 1996, part 8 (Financial provisions relating to Territory authorities) applies in relation to the university as if—

   (a)a reference in that part to the chief executive officer of a Territory authority were a reference to the council; and

   (b)the part were modified as set out in schedule 1.

Explanatory note

This amendment brings the section into line with current drafting practice and is consequent on the insertion of new schedule 1 by another amendment.

[3.961]Section 40 (2) (e) (iv)

substitute

(iv)the appointment and functions of a chairperson at a meeting; and

Explanatory note

This amendment removes references to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty.

[3.962]Section 40 (2) (e) (vii)

substitute

(vii)the quorum for a committee meeting and the functions of a committee;

Explanatory note

This amendment removes references to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty.

[3.963]Section 41

substitute

1. Statutes about traffic

2. The council may make statutes for the regulation or control of traffic (a traffic statute) on land occupied by the university in the ACT, including—

   (a)the parking, stopping, standing or leaving of vehicles; and

   (b)the erection and effect of signs and markings.

3. A traffic statute may create offences for contraventions of a traffic statute and prescribe maximum penalties of not more than 2 penalty units for the offences.

4. A traffic statute must not be inconsistent with another Territory law.

5. However, a traffic statute must not be treated as being inconsistent with another Territory law only because it makes provision in relation to a matter dealt with by the other Territory law if the provision can be complied with without contravening the other law.

Explanatory note

This amendment brings the section into line with current drafting practice, including changing a reference to a maximum fine of $200 to 2 penalty units.

[3.964]Section 42 (1) (b)

omit

shall transmit

substitute

must send

Explanatory note

This amendment updates language.

[3.965]Section 42 (3) and (5)

substitute

1. A statute that has been approved by the Executive has the force of law from the day after the statute is notified under the Legislation Act 2001.

Explanatory note

This amendment brings the commencement of the university’s statutes into line with the Legislation Act 2001, section 73. It also omits subsection (5) which provides for proof of university’s statutes in court proceedings. Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.

[3.966]New schedule 1

insert

Schedule 1Modifications of Financial Management Act 1996, part 8

(see s 35 (2) (b))

[1.1]Section 54 (3) (b) and (d)

omit

[1.2]Section 55 (3)

omit

[1.3]Section 56 (1) (d)

substitute

(d)in any investment prescribed under the financial management guidelines for this paragraph; or

(e)on deposit with an eligible money market dealer under the Corporations Act; or

(f)in bills of exchange that—

(i)have been accepted by an authorised deposit-taking institution (an ADI); and

(ii)have been endorsed by 1 or more such institutions; and

(iii)have not been endorsed by anyone other than an ADI.

[1.4]Section 58

omit

[1.5]Section 59 (1) and (2)

substitute

1. A Territory authority must prepare annual financial statements relating to its operations during each year.

2. The annual financial statements for a year must be prepared within—

   (a)2 months after 31 December in each year; or

   (b)any further period that the Minister allows in writing.

3. The annual financial statements must be prepared in accordance with generally accepted accounting practice.

[1.6]Section 59 (3) (b)

omit

[1.7]Section 59 (4)

omit

[1.8]Section 61 (1)

substitute

1. The chief executive officer of a Territory authority must give a copy of each annual financial statement to the auditor-general within 2 weeks after preparing the statement.

[1.9]Section 63 (1)

substitute

1. The responsible Minister may, in writing, direct the chief executive officer of a Territory authority to provide the Minister with financial statements relating to the authority.

(1A)    The Minister must present a copy of the direction to the Legislative Assembly within 5 sitting days after the day when the Minister gives the direction.

Explanatory note

This amendment updates the modifications of the Financial Management Act 1996 to the university to bring them into line with current drafting practice and by:

• omitting a redundant modification of section 56 (1) (c);

• updating the modification made by the insertion of section 56 (1) (e) consequential on the Corporations Act 2001 (Cwlth);

• revising the modifications made by the insertion of section 56 (1) (f) and (4) to bring them into line with current drafting practice;

• updating the modification of section 59 (3) consequential on an amendment made by the Financial Management Amendment Act 2001 (No 3) No 95.

[3.967]New dictionary

insert

Dictionary

(see s 2)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     appoint

·     exercise

·     function.

Explanatory note

This amendment adds a new dictionary consequent on the omission of the definition section (section 3) by another amendment.

Part 3.87Unlawful Games Act 1984

[3.968]Section 3, definitions of public place or place of public resort

omit

within the meaning of the Public Parks Act 1928

Explanatory note

This amendment omits a reference to a repealed Act.

Part 3.88Utilities (Telecommunications Installations) Act 2001

[3.969]Section 6 (1) (a)

substitute

(a)the installation is for reticulated services; and

Explanatory note

This amendment remakes the paragraph omitting the definition of reticulated service which is relocated to section 6 (2) by another amendment.

[3.970]Section 6 (2), definition of defined guideline or standard

omit

regulation 21 (2)

substitute

regulation 40 (2)

Explanatory note

This amendment is consequential on the renumbering of a regulation in the regulations referred to in the section (definition of defined guideline or standard).

[3.971]Section 6 (2), new definition of reticulated services

insert

reticulated services—see the Land (Planning and Environment) Regulations 1992, dictionary.

Explanatory note

This amendment relocates a definition that was in section 6 (1) (a) and changes it to a signpost definition in line with current drafting practice.

[3.972]Section 10 (1) (b)

omit

use the facility

insert

to use the facility

Explanatory note

This amendment corrects a minor omission.

[3.973]Section 12

substitute

1. Service of notices

   A notice under section 11 may be served on a land-holder as follows:

   (a)by leaving it in the letterbox on the land;

   (b)by securing it in a conspicuous place on the land.

   NoteFor other ways of serving documents, see Legislation Act 2001, pt 19.5.

Explanatory note

This amendment updates the section to take account of the Legislation Act 2001, part 19.5.

[3.974]Section 18 (1)

omit

, in writing,

Explanatory note

This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.

[3.975]Section 18 (1), new note

insert

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Explanatory note

This amendment adds a standard note about appointments.

[3.976]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     exercise

·     law (of the Territory)

·     property

·     Territory land.

Explanatory note

This amendment adds standard dictionary notes.

Part 3.89Utility Networks (Public Safety) Regulations 2001

[3.977]Dictionary, new note

insert

Note The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.

Explanatory note

This amendment adds a standard note about definitions.

Part 3.90Waste Minimisation Act 2001

[3.978]Section 6 (2)

substitute

1. In this section:

   ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:

   (a)the precautionary principle;

   (b)the inter-generational equity principle;

   (c)conservation of biological diversity and ecological integrity;

   (d)improved valuation and pricing of environmental resources.

   the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

   the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

Explanatory note

This amendment breaks a definition up into several definitions in line with current drafting practice.

[3.979]Section 11 (1), new note

insert

NoteFor how documents may be given, see Legislation Act 2001, pt 19.5.

Explanatory note

This amendment adds a standard note about service of documents.

[3.980]Section 11 (5), new penalty

insert

Maximum penalty (for each day):  50 penalty units.

Explanatory note

This amendment brings the penalty provision into line with current drafting practice.

[3.981]Section 11 (6)

omit

Explanatory note

This amendment omits a subsection that is unnecessary because of the amendment of section 11 (5) by another amendment.

[3.982]Section 18 (1), new note

insert

NoteFor how documents may be given, see Legislation Act 2001, pt 19.5.

Explanatory note

This amendment adds a standard note about service of documents.

[3.983]Section 18 (6), new penalty

insert

Maximum penalty (for each day):  50 penalty units.

Explanatory note

This amendment brings a penalty provision into line with current drafting practice.

[3.984]Section 18 (7)

omit

Explanatory note

This amendment omits a subsection that is unnecessary because of the amendment of section 18 (6) by another amendment.

[3.985]Section 28 (1)

substitute

1. The chief executive may appoint a person as an authorised person for this Act.

   Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Explanatory note

This amendment updates the provision, as follows:

• the reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing;

• the reference to ‘or a provision of this Act’ is omitted because the Legislation Act 2001, section 205 (1) provides that an appointment may be for a function under an Act.

This amendment also adds standard appointments notes.

[3.986]Section 46 (2), new note

insert

NoteFor other provisions about forms, see Legislation Act 2001, s 255.

Explanatory note

This amendment adds a standard note about approved forms.

[3.987]Section 47

omit

, in writing,

Explanatory note

This amendment omits unnecessary words.  The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing.

[3.988]Section 47, new note

insert

NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

Explanatory note

This amendment adds a standard note about delegations.

[3.989]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     contravene

·     corporation

·     individual.

Explanatory note

This amendment adds standard dictionary notes.

Part 3.91Waste Minimisation Regulations 2001

[3.990]Regulation 11 (2), new note

insert

NoteFor how documents may be given, see Legislation Act 2001, pt 19.5.

Explanatory note

This amendment adds a standard note about service of documents.

[3.991]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     contravene

·     the Territory.

Explanatory note

This amendment adds standard dictionary notes.

Part 3.92Water and Sewerage Regulations 2001

[3.992]Dictionary, new notes

insert

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·     Australian standard

·     chief executive

·     the Territory.

Explanatory note

This amendment adds standard dictionary notes.

Schedule 4Repeal of redundant or obsolete Acts

(see s 6)

Part 4.1Act that is no longer needed

Explanatory note for pt 4.1

This part repeals an Act that is no longer needed.

The Land Acquisition (Northbourne Oval) Act 1996 is obsolete.  The circumstances that may have required urgent compulsory acquisition of the land no longer apply.

Land Acquisition (Northbourne Oval) Act 1996 No 84

Part 4.2Amending Acts without substantive provisions

Explanatory note for pt 4.2

The Acts repealed by this part are amending Acts enacted before 1 January 2000 that do not include substantive provisions, that is, they do no more than amend other laws.

The purpose of the Acts in this part ended when the last of their amending provisions commenced.  The effect of repealed amending Acts is preserved by the Legislation Act 2001, section 84.

The repeal of the pre-1 January 2000 amending Acts by this part complements the Legislation Act 2001, section 89 (and before that the Interpretation Act 1967, section 43 which commenced on 1 January 2000). These sections provide for the automatic repeal of amending and repealing Acts enacted after 1 January 2000 when all their provisions have commenced.

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

Children’s Services Amendment Act (No 2) 1999 No 61

Public Health (Consequential Amendments) Act 1999 No 20

Part 4.3Amending Acts with substantive provisions

Explanatory note for pt 4.3

The Financial Sector Reform (ACT) Act 1999 is an amending Act that, in conjunction with complementary Commonwealth legislation, transferred the regulation of building societies and credit unions from the ACT to the Commonwealth.  The Legislation Act 2001, section 88 (1) saves the effect of transitional provisions that are repealed. However, to remove any doubt about the ongoing operation of savings and transitional provisions, the effect of the Act is saved by the application of the Legislation Act 2001, section 88 (see section 6 (2) of this Act).

The University of Canberra (Transfer) Act 1997 is an amending Act providing for the transfer of responsibility for the University from the Commonwealth to the Territory.  The remaining substantive provisions deal with savings and transitional matters.  The Legislation Act 2001, section 88 (1) saves the effect of transitional provisions that are repealed. However, to remove any doubt about the ongoing operation of savings and transitional provisions, the effect of the Act is saved by the application of the Legislation Act 2001, section 88 (see section 6 (2) of this Act).

The Utilities (Consequential Provisions) Act 2000 includes a regulation-making power.  Accordingly, the Legislation Act 2001, section 89, which provides for the automatic repeal of amending and repealing Acts enacted after 1 January 2000 when all their provisions have commenced, does not apply to it. No regulations have been made under the Act.

Financial Sector Reform (ACT) Act 1999 No 33

University of Canberra (Transfer) Act 1997 No 74

Utilities (Consequential Provisions) Act 2000 No 66

Endnote

Republications of amended laws

1. For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 9 May 2002]

   I certify that the above is a true copy of the Statute Law Amendment Bill 2002 which was passed by the Legislative Assembly on 29 August 2002.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2002