Statute Law Amendment Act 2003 (ACT)

Statute Law Amendment Act 2003

A2003-41

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Purpose  2

4. Notes  2

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

6. Act repealed—sch 4  3

Schedule 1Minor amendments  4

Part 1.1Health Act 1993  4

Schedule 2Structural amendments  6

Part 2.1Legislation Act 2001  6

Schedule 3Technical amendments  30

Part 3.1Animal Welfare Regulations 2001  30

Part 3.2Building and Construction Industry Training Levy Act 1999       30

Part 3.3Building and Construction Industry Training Levy Regulations 2001      35

Part 3.4Bushfire Inquiry (Protection of Statements) Act 2003     36

Part 3.5Civil Law (Wrongs) Act 2002  36

Part 3.6Crimes (Forensic Procedures) Act 2000  37

Part 3.7Discrimination Act 1991  38

Part 3.8Duties Act 1999  104

Part 3.9Environment Protection Act 1997  105

Part 3.10Fire Brigade (Administration) Act 1974  106

Part 3.11First Home Owner Grant Act 2000  108

Part 3.12Fisheries Act 2000  121

Part 3.13Gas Safety Act 2000  126

Part 3.14Insurance Authority Act 2000  135

Part 3.15Legal Aid Act 1977  137

Part 3.16Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000  142

Part 3.17Public Health Regulations 2000  156

Part 3.18Road Transport (Alcohol and Drugs) Regulations 2000 165

Part 3.19Territory Superannuation Provision Protection Act 2000 166

Part 3.20Utilities Act 2000  168

Part 3.21Victims of Crime Act 1994  193

Part 3.22Victims of Crime Regulations 2000  206

Part 3.23Water and Sewerage Act 2000  209

Part 3.24Workers Compensation Act 1951  216

Schedule 4Repeal of redundant Act  218

Part 4.1Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979    218

Statute Law Amendment Act 2003

A2003-41

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

Notified under the Legislation Act 2001 on 11 September 2003

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

1. Name of Act

   This Act is the Statute Law Amendment Act 2003.

2. Commencement

3. This Act commences on the 28th day after its notification day.

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

4. However, a date or time provided by a special commencement provision for an amendment made by this Act has 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: the 90th day after this Act’s notification day)’ means that the amendment commences on the 90th day after the notification day.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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, 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. Act repealed—sch 4

   Schedule 4 repeals the Act mentioned in it.

Schedule 1Minor amendments

(see s 5)

Part 1.1Health Act 1993

[1.1]Section 12

omit everything before subsection (2), substitute

1. Approval of Calvary Health Care ACT committees

2. The Minister may, in writing, declare a committee appointed by the peak management body (however described) of Calvary Health Care ACT that corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or (c) to be an approved public sector quality assurance committee.

Explanatory note

Under the Health Act 1993, section 12, the Minister may declare a committee appointed by the Board of Management of Calvary Hospital that corresponds to a committee of a kind mentioned in section 8 (2) (a), (b) or (c) to be an approved public sector quality assurance committee.

The reference to Calvary Hospital has been replaced with a reference to Calvary Health Care ACT, to reflect the current name of the organisation.

Under section 8 (1), the Minister may declare that a particular committee is an approved public sector quality assurance committee for a health facility or for a stated purpose.  The functions of a public sector quality assurance committee are decided by the Minister, and may include all or any of the functions set out in section 8 (2) (a) to (c), as follows:

(a)to conduct quality assurance activities among health service providers for the purpose of assessing and evaluating the health services provided by the Territory, to report, and make recommendations, to the chief executive in relation to those services and to monitor the implementation of those recommendations;

(b)to conduct research or investigations into morbidity and mortality in the ACT and to report, and make recommendations, to the chief executive in relation to that research or those investigations;

(c)to investigate, assess, review and evaluate the clinical privileges provided to health service providers and to report, and make recommendations, to the chief executive in relation to whether those clinical privileges should be preserved, varied or withdrawn.

A health service provider (defined in the Health Act 1993, dictionary) is a person who provides health services at a health facility (ie an institution where health services are provided by the Territory) or uses the equipment or other facilities of a health facility for the purpose of providing health services elsewhere, and includes chiropractors, osteopaths, dental technicians, dental prosthetists, dentists, doctors, nurses, optometrists and pharmacists.

The present management body at Calvary Health Care ACT is not a board.  This amendment replaces the reference to ‘Board of Management’ to bring the provision into line with the current management structure at Calvary Health Care ACT.

The amendment will enable the management body at Calvary Health Care ACT to appoint committees that can be declared to be approved public sector quality assurance committees by the Minister.

[1.2]Dictionary, definition of approved public sector committee

omit

(Approval of Calvary Hospital committees)

substitute

(Approval of Calvary Health Care ACT committees)

Explanatory note

This amendment is consequential on the previous amendment.

Schedule 2Structural amendments

(see s 5)

Part 2.1Legislation Act 2001

[2.1]Section 19 (6) to (11)

renumber as section 19 (8) to (13)

[2.2]New section 19 (6) and (7)

insert

1. Without limiting subsection (3) or (5), the regulations may prescribe requirements to be satisfied for additional material to be entered in the register under this section, including, for example, requirements about—

   (a)the form of the material; and

   (b)the making of requests for its entry in the register.

2. The regulations may also make provision about the following in relation to instruments (other than registrable instruments) to be entered in the register under this section:

   (a)the numbering of the instruments by the parliamentary counsel, whether in a series of numbers allocated under section 59 (Numbering) or otherwise;

   (b)the identification of the instruments, including, for example, authorising the parliamentary counsel to—

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

   (ii)amend an instrument’s name; or

   (iii)add notes to an instrument to assist in its identification; or

   (iv)do anything else in relation to an instrument to assist users of the register to identify or refer to the instrument.

Explanatory note

This amendment makes it clear that regulations can be made to improve consistency in the entry of additional material in the legislation register.  This will help users to access the material more easily.  Under the Act, section 19 (3) and (5), the parliamentary counsel may enter additional material in the register in any way the parliamentary counsel considers will help users of the register.  The additional material includes, for example, statutory instruments that are not registrable instruments, the administrative arrangements for the ACT under the Australian Capital Territory (Self-Government) Act 1988, (Cwlth) and the Australian Road Rules applying in all States and Territories including the ACT.  As this kind of material is generally similar to registrable instruments, it is helpful to users if regulations ensure that it can be entered and numbered in the register in a similar way to registrable instruments.

[2.3]Chapter 3 heading

substitute

Chapter 3Authorised versions and evidence of laws and legislative material

Explanatory note

This amendment and the other amendments of chapter 3 permit authorised electronic versions of Acts, statutory instruments and republications (legislation) to be downloaded from a web site approved under the Act.  They also allow authorised written versions of legislation to be produced directly from authorised electronic versions of the legislation. 

At present, electronic versions of legislation are only authorised when viewed at an approved web site.  Printed versions of legislation are presently only authorised when printed by authority of the ACT government.  Improvements to the legislation register will allow digital signatures to be included in locked pdf files of legislation accessible at an approved web site.  This will allow legislation users to verify whether downloaded copies of those files are the same as the digitally signed pdf files authorised by the parliamentary counsel. 

The proof of authorised electronic versions of legislation is supported by the presumptions in new section 24.  Written copies of legislation produced directly from authorised electronic versions will be authorised versions, and proof is supported by the presumptions in new section 25. 

The amendments of chapter 3 also extend the range of legislative material for which authorised electronic and written versions will be available.  The legislative material (defined in new section 22A) includes additional material entered in the legislation register under section 19 and material used under chapter 14 to work out the meaning of Acts and statutory instruments.

[2.4]New section 22A

in chapter 3, insert

22ADefinitions for ch 3

In this chapter:

law means an Act or statutory instrument, whether or not it has been amended, and includes, in relation to a republication—

(a)a collection of 2 or more Acts or statutory instruments; or

(b)all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument.

NoteA reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).

legislative material means material (other than a law or provision of a law) relating to an Act or statutory instrument.

Examples of legislative material

1Additional material entered in the register under section 19 (3) (Contents of register) that is not an Act or statutory instrument, for example—

·     the Australian Road Rules:  These rules apply throughout Australia and apply in the ACT under the Road Transport (Safety and Traffic Management) Regulations 2000.  They have been entered in the register as a notifiable instrument even though they are not a statutory instrument and are not taken to be a notifiable instrument under section 47 (Statutory instruments may make provision by applying law or instrument);

·     appointments of Ministers:  Ministers are appointed by the Chief Minister under the Self-Government Act, section 41.  An instrument notifying an appointment may be entered in the register even though the instrument is not a statutory instrument.

2Material that may be considered under chapter 14 in working out the meaning of an Act or statutory instrument, for example, an explanatory statement for the bill that became the relevant Act that was presented to the Legislative Assembly before the Act was passed.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

republication includes part of a republication.

Explanatory note

See the explanatory note for the amendment of the heading to chapter 3.

This amendment relocates the definition of law from sections 24 and 25 so that it applies generally in chapter 3.  The definition repeats the definition of law in section 107 rather than picking it up by reference using a signpost definition.  The extension of the definition (paragraphs (a) and (b)) applies only in relation to republications, to more clearly reflect the use of the definition in chapter 3.  Paragraph (b) has been widened to include any part of an agreement or instrument mentioned.  This brings this part of the definition into line with the position of Acts and statutory instruments (see sections 7 and 13).

In addition, the amendment inserts a new definition of legislative material wide enough to encompass material entered in the legislation register under section 19 (eg additional material that the parliamentary counsel considers likely to be useful to users of the register) and extrinsic material that may be used under chapter 14 in working out the meaning of an Act or statutory instrument (eg explanatory statements for bills). 

The amendment also includes a new definition of republication.  This definition ensures that the chapter applies to parts of republications in the same way as it applies to whole republications.  This means that users of legislation can print and use as an authorised republication only the parts of the republication they need.  The definition brings the position of republications into line with the position of Acts and statutory instruments (see sections 7 and 13).  A note has been included in the definition of law to remind users of this.

[2.5]Section 23

substitute

1. Authorisation of versions by parliamentary counsel (LRA s 8)

   The parliamentary counsel may authorise written or electronic versions of a law, republication or legislative material.

   NoteWritten includes printed (see dict, pt 1, def writing).

Explanatory note

See the explanatory note for the amendment of the heading to chapter 3.

This amendment remakes section 23 to widen its scope to include legislative material as defined in new section 22A.  The remade section refers to written versions (rather than printed) to take advantage of the definition of writing in the Legislation Act (dictionary, part 1), that is, writing includes any way of representing or reproducing words in visible form.  In the context of the legislation register, printing is the most common form.

[2.6]Section 24

substitute

1. Authorised electronic versions (LRA s 20, s 22, s 23)

2. An electronic copy of a law, republication or legislative material is an authorised version if—

   (a)it is accessed at, or downloaded from, an approved web site in a format authorised by the parliamentary counsel; or

   (b)it is authorised by the parliamentary counsel and is in the format in which it is authorised by the parliamentary counsel.

   Example of authorised electronic format

   a locked pdf file

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

3. It is presumed, unless the contrary is proved—

   (a)that an internet site purporting to be an approved web site is an  approved web site; and

   (b)that an electronic copy of a law, republication or legislative material accessed at, or downloaded from, an approved web site and purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

   (c)that any other electronic copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

   (d)that an authorised electronic version of an Act or statutory instrument correctly shows the Act or instrument; and

   (e)that an authorised electronic version of a republication of a law correctly shows the law as at the republication date; and

   (f)that an authorised electronic version of legislative material correctly shows the material.

   Examples of an electronic copy of a republication purporting to be authorised by the parliamentary counsel

   1The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised when accessed at or in authorised printed form’ at the foot of each page of the republication.

   2The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at at the foot of each page of the republication.

   Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).  A reference to a republication includes a reference to part of a republication (see s 22A).

Explanatory note

See the explanatory note for the amendment of the heading to chapter 3.

Remade section 24 extends the form and range of authorised electronic versions of laws, republications and legislative material.  The section will permit authorised versions to be downloaded from an approved web site.  At present electronic versions of laws are only authorised when viewed at an approved web site.  Improvements to the legislation register and the ease with which the accuracy of downloaded files can be verified using digital signatures have enabled this step to be made.

New section 24 (2) widens the presumptions in favour of authorised electronic copies of legislation to include electronic copies in authorised format downloaded from an approved web site.

The presumption of accuracy in existing section 24 (2) has been extended to authorised electronic versions of legislative material (defined in new section 22A).  New section 24 (2) (f) provides this presumption for legislative material.

Section 24 as remade no longer defines law.  The definition has been relocated in new section 22A inserted by another amendment.

[2.7]Section 25

substitute

1. Authorised written versions (LRA ss 6-9, ss 20-23)

2. A written copy of a law, republication or legislative material is an authorised version if—

   (a)it is a written copy produced directly from an authorised electronic version of the law, republication or legislative material; or

   (b)it is a written copy of another version of the law, republication or legislative material authorised by the parliamentary counsel.

   Example for par (a)

   An authorised electronic version of an Act is downloaded from an approved web site and printed.  The printed copy is an authorised written version of the Act.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

3. It is presumed, unless the contrary is proved—

   (a)that a written copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and

   (b)that an authorised written version of an Act or statutory instrument correctly shows the Act or instrument; and

   (c)that an authorised written version of a republication of a law correctly shows the law as at the republication date; and

   (d)that an authorised written version of legislative material correctly shows the material.

   Examples of a written copy of a republication purporting to be authorised by the parliamentary counsel

   1The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the parliamentary counsel and printed by authority of the ACT Government’ at the foot of each page of the republication.

   2The republication has the words ‘Authorised by the ACT Parliamentary Counsel and printed by authority of the ACT Government’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at at the foot of each page of the republication.

   3The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at at the foot of each page of the republication.

   Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see, s 7 and s 13).  A reference to a republication includes a reference to part of a republication (see s 22A).

Explanatory note

See the explanatory note for the amendment of the heading to chapter 3.

Traditionally, the only authorised written versions of ACT legislation have been those printed by authority of the ACT Government (eg by the government printer).  This is reflected in the presumptions in existing section 25. 

However, improvements to the legislation register and the use of digital signatures for verifying electronic material remove the need for such a narrow approach.  Consequently, remade section 25 (1) provides for a written copy of a law, republication or legislative material to be an authorised version if it is a written copy produced directly from an authorised electronic version.  The authorised electronic format used for ACT laws (locked pdf) enables downloaded laws to be printed with complete accuracy, irrespective of the operating system used in the computer into which the laws are downloaded and the system used for printing.  In practice, the same locked pdf file has been (and will continue to be) used to publish an authorised electronic version of a law and any written version published by authority of the ACT Government.

New section 25 (2) widens the presumptions in favour of authorised written legislation to include written copies printed from authorised electronic versions.

The presumption of accuracy in existing section 25 (2) has also been extended to authorised written versions of legislative material (defined in new section 22A).  New section 25 (2) (d) provides this presumption for legislative material.

Section 25 as remade no longer defines law.  The definition has been relocated in new section 22A inserted by another amendment.

[2.8]Section 26 (2), example 3

substitute

3using an authorised written version of a republication

Explanatory note

This amendment brings the language of the example into line with sections 24 and 25 as remade by this part.

[2.9]Section 26 (4)

substitute

1. For subsection (3), an authorised version of a law, republication or legislative material is a reliable source of information.

Explanatory note

This amendment, consequential on the remaking of sections 24 and 25, widens the scope of the subsection so that authorised versions of legislative material are a reliable source of information.

[2.10]Section 28 (5) and (6)

substitute

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

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

   (b)publishing in the Gazette a statement—

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

   (ii)of the place or places where copies of the law can be obtained (whether by purchase or otherwise).

2. If the making of the proposed law is notified in the Gazette, the parliamentary counsel must enter in the register—

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

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

   (c)the text of the law.

(6A)    If the making of the proposed law is notified in the Gazette by publishing the statement mentioned in subsection (5) (b), copies of the law must be available on the day of publication (the Gazette date), or as soon as practicable after the Gazette date, at the place, or each of the places, stated in the Gazette.

Explanatory note

The substituted subsections apply to cases where the making of an Act has to be notified in the Gazette.  This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.

As such a case is likely to be rare, it may be preferable to publish the Act in full in the Gazette (as can be done at present for registrable instruments—see Legislation Act, section 61 (4) (a)) or to make copies of the Act available for free rather than setting up special arrangements for its sale. The remade subsections, therefore, authorise these things to be done. Under the proposed subsections, if the making of an Act is initially notified in the Gazette, the making of the Act and its text must in any event be entered in the register (and made available at an approved web site). This can be expected to happen very soon after Gazette notification and any special arrangements for making copies of the Act available are likely to be needed only for a short time.

Existing subsection (6) (b) requires ‘later’ entries to be made in the legislation register about an Act notified in the Gazette.  As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose and has been omitted from the remade provision.

[2.11]Section 28 (7)

omit

for purchase

Explanatory note

This amendment is consequential on the remaking of section 28 (5).

[2.12]Section 28

renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.13]Section 59 (2)

omit

statutory

substitute

registrable

Explanatory note

This amendment brings the language of section 59 (2) more closely into line with the language of section 59 (1).

[2.14]Section 60 heading

substitute

1. Correction etc of name of registrable instrument

Explanatory note

This amendment changes the heading (by adding ‘etc’) to better reflect the section’s contents.

[2.15]Section 60 (1) (a)

omit

made

substitute

notified

Explanatory note

Section 60 deals with the parliamentary counsel’s power to correct the name of a registrable instrument, including in cases where the name of the instrument includes a year that is not the year that the instrument was made (section 60 (1) (a)).  Usually a registrable instrument is made and notified in the same year, and it includes in its name the year it was made.  However, if a registrable instrument is made at the end of a year, but is not notified until the next year, the name it bears should include the year that it was notified, not made.

This amendment makes that change.

[2.16]Section 61 (4) (b) (ii)

substitute

(ii)of the place or places where copies of the instrument can be obtained (whether by purchase or otherwise).

Explanatory note

This amendment, and the amendments of sections 61 (5), (6) and (7), apply to cases where the making of a registrable instrument has to be notified in the Gazette.  This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.

As these cases are likely to be rare, it may be preferable to make copies of the instrument  available for free rather than setting up special arrangements for its sale.  The amendments of section 61, therefore, authorise this to be done.  Under the amended section, if the making of a registrable instrument is initially notified in the Gazette, the making of the instrument and its text must in any event be entered in the register (and made available at an approved web site).  This can be expected to happen very soon after Gazette notification and any special arrangements for making copies of the instrument available are likely to be needed only for a short time.

[2.17]Section 61 (5)

omit

later

Explanatory note

Existing subsection (5) requires ‘later’ entries to be made in the legislation register about a registrable instrument notified in the Gazette.  As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose and has been omitted.

[2.18]Section 61 (6)

omit

If

substitute

If the making of

Explanatory note

This amendment brings the language of section 61 (6) more closely into line with the language of section 61 (5).

[2.19]Section 61 (6) and (7)

omit

for purchase

Explanatory note

See the explanatory note for the amendment of section 61 (4) (b) (ii).

[2.20]Sections 65A (6) and 69 (6)

omit

later

Explanatory note

These amendments omit an unnecessary word.  The amended provisions apply to cases where the disallowance or amendment of a subordinate law or disallowable instrument by the Legislative Assembly has to be notified in the Gazette.  This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.  In these cases, the existing provisions require that ‘later’ entries be made in the legislation register about the disallowance or amendment of the instrument.  As these entries should be made as soon as possible, the express requirement for a later entry serves no purpose.

[2.21]Section 73 (5) (d)

substitute

(d)section 79A (Commencement of amendment of uncommenced law);

(e)section 81 (Exercise of powers between notification and commencement).

Explanatory note

This amendment is consequential on the insertion of new section 79A by another amendment.

[2.22]Section 79 (1)

omit

the notification

substitute

its notification

Explanatory note

This amendment tightens language.

[2.23]New section 79A

insert

79ACommencement of amendment of uncommenced law

1. This section applies if a law (the amending law) amends a law that has not commenced (the uncommenced law).

2. The amendment of the uncommenced law does not of itself commence that law.

3. The amendment made by the amending law commences on the commencement of the uncommenced law.

4. This section is a determinative provision.

   NoteSee s 5 for the meaning of determinative provisions, and s 6 for their displacement.

Explanatory note

This amendment inserts proposed new section 79A to make it clear that an amendment of a law that has not commenced does not of itself commence the law, and that the amendment commences on the commencement of the uncommenced law.  Because of the definition of law in section 72, the proposed section will apply to the amendment of an uncommenced provision in the same way as it applies to an uncommenced law.

[2.24]Section 91 (9), examples 4 and 5

substitute

4If a section numbered ‘7A’ is to be inserted (by an amending section headed ‘New section 7A’, with the command ‘in division 2.2, insert’) into an amended law with an existing sequence ‘section 7 [in division 2.2]—division 2.3 [heading]—section 8’, inserted section 7A is inserted between section 7 and the heading to division 2.3 (that is, at the end of division 2.2).

5If a section numbered ‘7A’ is to be inserted (by an amending section headed ‘New section 7A’, with the command ‘in division 2.3, insert’) into an amended law with an existing sequence ‘section 7 [in division 2.2]—division 2.3 [heading]—section 8’, inserted section 7A is inserted between the heading to division 2.3 and section 8 (that is, at the beginning of division 2.3).

Explanatory note

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

[2.25]Section 94 (4), new definition of appointment

insert

appointment includes acting appointment.

Explanatory note

This amendment makes it clear that a reference to appointment in section 94 includes an acting appointment.

[2.26]Section 107, definition of law, paragraph (b)

substitute

(b)all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument.

Explanatory note

This amendment makes it clear that all or any part of an agreement or instrument mentioned in the paragraph can be republished.  In some cases, republication of the whole agreement or instrument may not assist users of the republication and may cause needless cost.

[2.27]Section 109

omit

printed

substitute

written

Explanatory note

This amendment brings the language of the section into line with sections 24 and 25 as remade by this part.

[2.28]Section 141 (5) to (7)

omit

Explanatory note

This amendment omits provisions that will be covered by the provisions of chapter 3 as amended by this part.

[2.29]Section 142, table 1, item 1, columns 2 and 3, note

omit

(Authorised versions and evidence of Acts and statutory instruments)

substitute

(Authorised versions and evidence of laws and legislative material)

Explanatory note

This amendment updates a reference to the heading of chapter 3 as amended by this part.

[2.30]Section 178 heading

omit

authority

substitute

power

Explanatory note

This amendment brings the section more closely into line with current drafting practice.  Power is defined in the Legislation Act, dictionary, part 1 to include authority, and is the drafting term used rather than authority.

[2.31]Section 178

omit

authority

substitute

power

Explanatory note

This amendment brings the section more closely into line with current drafting practice.  Power is defined in the Legislation Act, dictionary, part 1 to include authority, and is the drafting term used rather than authority.

[2.32]New section 199 (1A)

insert

(1A)    To remove any doubt, subsection (1) applies in relation to a function even though a law authorises or requires the function to be exercised in writing.

Explanatory note

This amendment makes it clear that, if a function must or may be exercised in writing, the function may be exercised by the body by resolution.

[2.33]Section 199 (6)

omit

the thing

substitute

the effect of the thing

Explanatory note

This amendment clarifies the provisions.

[2.34]Section 199

renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections because of the insertion of new subsection (1A).

[2.35]New division 19.3.2A

insert

Division 19.3.2A     Standing acting arrangements

225AApplication of div 19.3.2A

This division applies to a position if a law provides that a person acts in the position in stated circumstances.

Example

The Hypothetical Act 2003 provides for the deputy director of the hypothetical entity to act in the position of director of the entity if the position is vacant or the director cannot for any reason exercise the functions of the position.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

225BPerson acting may exercise functions etc

1. A person acting in the position has, subject to the law providing for the acting or any other law, all the functions of the occupant of the position.

   NoteFunction is defined in the dict, pt 1 to include authority, duty and power.

2. All Territory laws apply in relation to the person as if the person were the occupant of the position.

Explanatory note

This amendment inserts a new division that contains provisions applying to standing acting arrangements, that is, where a law itself provides that in stated circumstances a person automatically acts in a position.  The Planning and Land Act 2002, section 26 (3) is an example of such a law. The provisions of the new division are based on provisions of the Act applying to acting appointments (see section 220).

[2.36]Section 234 (b)

omit

the function

substitute

a function

Explanatory note

This amendment corrects a minor drafting error.

[2.37]Section 253 (3)

substitute

1. A statutory instrument (other than a subordinate law or disallowable instrument) is taken to be made by the Executive if it is signed by 2 or more Ministers who are members of the Executive.

2. A statutory instrument mentioned in subsection (3) made in accordance with the subsection is taken to be made when it is signed by the second Minister signing.

3. This section is subject to section 41 (Making of certain statutory instruments by Executive).

Explanatory note

This amendment makes it clear when a statutory instrument, other than a subordinate law or disallowable instrument, made by the Executive is made.  Section 41 deals with the making of subordinate laws and disallowable instruments by the Executive. 

[2.38]Section 255 (1), note

substitute

NoteSee also s 46 (3), which deals with the repeal and replacement of forms that are registrable instruments and prevents their amendment.

Explanatory note

This amendment makes it clear that the forms dealt with in section 46 (3) are forms that are registrable instruments.

[2.39]Section 302

substitute

1. Regulation-making power

2. The Executive may make regulations for this Act.

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

3. The regulations may make provision in relation to notification in the Gazette under the following sections:

   (a)section 28 (Notification of Acts);

   (b)section 61 (Notification of registrable instruments):

   (c)section 65A (Notification of disallowance by resolution of Assembly);

   (d)section 69 (Notification of amendments made by resolution of Assembly).

4. In particular, the regulations may make provision in relation to the form of the Gazette and its publication, including how it may or must be published.

Explanatory note

This amendment remakes the regulation-making power to include provision for cases where the making of an Act or registrable instrument, or the disallowance or amendment of a subordinate law or disallowable instrument, has to be notified in the Gazette.  This would only happen in exceptional cases, for example, if some technical problem made notification using the legislation register impracticable at the time for notification.  This could happen after normal business hours at the ACT Government Shopfront.  In these cases, it may be necessary to publish a special edition of the Gazette promptly and make it available elsewhere.  The regulations would set out the requirements to be satisfied in these cases.

[2.40]Dictionary, part 1, new definition of OH&S commissioner

insert

OH&S commissioner means the Occupational Health and Safety Commissioner under the Occupational Health and Safety Act 1989.

Explanatory note

This amendment inserts a new definition of OH&S commissioner.

[2.41]Dictionary, part 1, definition of Territory authority

substitute

Territory authority means a body established under an Act, but does not include a body declared under the regulations not to be a Territory authority.

Explanatory note

This amendment remakes the existing definition, which was inserted in the former Interpretation Act 1967 in 1989 and relocated to the Legislation Act in 2001. The remade definition refers simply to a ‘body’ without mentioning whether or not it is incorporated. That amplification is no longer necessary because it is now part of the definition of ‘body’ in the Legislation Act, dictionary, part 1. The remade definition also allows the regulations to set out bodies that are not to be Territory authorities. For example, a body registered under the Cooperatives Act 2002 as a cooperative, or an association incorporated under the Associations Incorporation Act 1991, may be declared under the regulations not to be a Territory authority.

[2.42]Dictionary, part 2, new definition of Act

insert

Act, for chapter 14 (Interpretation of Acts and statutory instruments)—see section 136.

NoteSee also def Act in dict, pt 1.

Explanatory note

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

[2.43]Dictionary, part 2, definition of lawnew paragraph (aa),

before paragraph (a) insert

(aa)for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and

Explanatory note

This amendment amends a signpost definition to take account of the definition of law in new section 22A.

[2.44]Dictionary, part 2, definition of law

renumber paragraphs when Act next republished under Legislation Act

[2.45]Dictionary, part 2, new definition of legislative material

insert

legislative material, for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A.

Explanatory note

This amendment inserts a signpost definition in line with current drafting practice.

[2.46]Dictionary, part 2, definition of republication

substitute

republication—

(a)for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and

(b)for chapter 11 (Republication of Acts and statutory instruments)—see section 107.

Explanatory note

This amendment revises a signpost definition to take account of the definition of republication in new section 22A.

[2.47]Dictionary, part 2, new definition of working out the meaning of an Act

insert

working out the meaning of an Act, for part 14.2 (Key principles of interpretation)—see section 138.

Explanatory note

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

Schedule 3Technical amendments

(see s 5)

Part 3.1Animal Welfare Regulations 2001

[3.1]Regulation 8 (4)

omit

subsection (1)

substitute

subregulation (1)

Explanatory note

This amendment corrects a reference to a provision.

Part 3.2Building and Construction Industry Training Levy Act 1999

[3.2]Section 7 (2) and (3)

substitute

1. A member is appointed by the Minister.

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

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

2. An appointment must not be for 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, s 208 and dict, pt 1, def appoint).

Explanatory note

This amendment brings the subsections into line with current drafting practice. In particular, it removes a provision that requires the instrument of appointment to state the period of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment. The amendment also updates standard appointment notes.

[3.3]Section 9 (1) (a)

omit

pecuniary

substitute

financial

Explanatory note

This amendment updates language.

[3.4]Section 11

omit everything before paragraph (a), substitute

1. Ending of appointment

   The Minister must end the appointment of a member if the member—

Explanatory note

This amendment updates language (replacing ‘terminate’ with ‘end’).  ‘End’ is the drafting term that is now used in relation to appointments.

[3.5]Section 15, definition of owner

omit

for

substitute

of

Explanatory note

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

[3.6]Section 15, definition of public authority, paragraph (b)

omit

body corporate

substitute

corporation

Explanatory note

This amendment updates language.

[3.7]Section 15, definition of value

omit

for

substitute

of

Explanatory note

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

[3.8]Section 22 (2)

omit

(as the case requires)

Explanatory note

This amendment omits unnecessary words.

[3.9]Section 22 (2), new note

insert

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

Explanatory note

This amendment inserts a standard note about service of documents.

[3.10]Section 29

substitute

1. Appointment

   The board may appoint a person as an inspector for this Act.

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

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 omits the reference to the appointment being made in writing. The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. The amendment also inserts standard notes about appointments.

[3.11]Section 31 (4)

omit

(as the case requires)

Explanatory note

This amendment omits unnecessary words.

[3.12]Dictionary, new notes

insert

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

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

·     appoint

·     document

·     exercise

·     function

·     Minister

·     penalty unit (see s 133)

·     State

·     the Territory.

Explanatory note

This amendment inserts standard dictionary notes.

[3.13]Dictionary, definitions of owner and project owner

substitute

owner, of land, for part 3 (Levy on building and construction work)—see section 15.

project owner, for work, for part 3 (Levy on building and construction work)—see section 15.

Explanatory note

This amendment brings the signpost definitions into line with current drafting practice.

[3.14]Dictionary, new definition of qualified valuer

insert

qualified valuer, for part 3 (Levy on building and construction work)—see section 15.

Explanatory note

This amendment inserts a signpost definition in line with current drafting practice.

[3.15]Dictionary, definition of value

substitute

value, of work, for part 3 (Levy on building and construction work)—see section 15.

Explanatory note

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

Part 3.3Building and Construction Industry Training Levy Regulations 2001

[3.16]Regulation 3 heading

substitute

1. Qualified valuer—Act, s 15, def qualified valuer

Explanatory note

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

[3.17]Regulation 3 (1) (b), new note

insert

NoteState is defined in the Legislation Act, dict, pt 1.

Explanatory note

This amendment inserts a new note, to help the reader find the meaning of a term used in the provision.

Part 3.4Bushfire Inquiry (Protection of Statements) Act 2003

[3.18]New section 5 (4)

insert

1. This Act is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Explanatory note

The Bushfire Inquiry (Protection of Statements) Act 2003 (the Inquiry Act), section 4 provides a defence to an action for defamation in relation to making of statements, or the giving of documents, to the McLeod Inquiry into the operational response to the January 2003 bushfires in the ACT. It also provides a defence to an action for defamation arising from the publication of certain reports of the inquiry, or a fair summary of them or extract from them.

The Legislation Act, section 88 (2), provides that if a law (the savings law) declares that a law (the declared law) is a law to which that section applies, the effect of the declared law does not end only because of the repeal of the declared law (which includes its expiry—see Legislation Act, section 82, definition of repeal).

The Inquiry Act, section 5 provides for the expiry of the Act on 30 September 2003, or on a later date determined by the Minister. The proposed amendment removes any doubt about whether the defence provided by the Act would still be available after 30 September 2003 (or after any Ministerially declared later date).

Part 3.5Civil Law (Wrongs) Act 2002

[3.19]Section 38 (3), definition of ABS

omit

Explanatory note

This amendment is consequential on the next amendment.

[3.20]Section 38 (3), definition of average weekly earnings

substitute

average weekly earnings means—

(a)the average weekly earnings, States and Territories, seasonally adjusted for the ACT (all males total earnings) contained in Average Weekly Earnings, Australia issued by the Australian Statistician; or

(b)if the Australian Statistician issues a publication (however described) containing average weekly earnings in substitution for, or instead of, the average weekly earnings mentioned in paragraph (a)—the substituted average weekly earnings.

Explanatory note

This amendment replaces an incorrect reference to the ABS (the Australian Bureau of Statistics) with a reference to the ‘Australian Statistician’ and updates the reference to the publication issued by the Australian Statistician.

Part 3.6Crimes (Forensic Procedures) Act 2000

[3.21]Section 18, table, item 1, column 2

omit

17

substitute

19

Explanatory note

This amendment updates a cross-reference.

Part 3.7Discrimination Act 1991

[3.22]Title

omit

render

substitute

make

Explanatory note

This amendment updates language.

[3.23]Section 1

substitute

1. Name of Act

   This Act is the Discrimination Act 1991.

Explanatory note

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

[3.24]Section 3

renumber as section 4

Explanatory note

New section 2 (Dictionary) and new section 3 (Notes) are inserted by a later amendment, so this amendment renumbers existing section 3 as new section 4.

[3.25]Section 4 (1), definition of commissioner

substitute

commissioner means the Discrimination Commissioner.

Explanatory note

This amendment updates the definition.

[3.26]Section 4 (1), definition of contract worker

substitute

contract worker means a person (the worker) who does work for someone else (the third person) under a contract between the worker’s employer and the third person.

Explanatory note

This amendment revises the language of the definition to bring it more closely into line with current drafting practice.

[3.27]Section 4 (1), new definition of disability

insert

disability—see section 5AA (Meaning of disability).

Explanatory note

This amendment inserts a new definition of disability that replaces the existing definition of impairment (omitted by the next amendment).  The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

[3.28]Section 4 (1), definition of impairment

omit

Explanatory note

This amendment is consequential to the above amendment.

[3.29]Section 4 (1), definition of principal

substitute

principal means—

(a)for a commission agent—a person for whom the commission agent does work as a commission agent; or

(b)for a contract worker—a person for whom the contract worker does work under a contract between the contract worker’s employer and the person.

Explanatory note

This amendment revises the language of the definition to bring it more closely into line with current drafting practice.

[3.30]Section 4 (1), definition of relevant class of persons

substitute

relevant class of people means a class of people whose members are identified by reference to an attribute mentioned in section 7.

Explanatory note

This amendment revises the definition to bring it more closely into line with current drafting practice.

[3.31]Section 4 (1), definition of services, paragraph (e)

substitute

(e)services provided by a government, government authority, local government body or corporation in which a government has a controlling interest; and

Explanatory note

This amendment replaces the reference to ‘a company or other body corporate’ with ‘corporation’.  Corporation is defined in the Legislation Act, dictionary, part 1 to include a body politic or corporate.

[3.32]Section 4 (1), definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.33]Section 4, 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 ‘discriminate—see section 8.’ means that the word ‘discriminate’ is defined in section 8.

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

Explanatory note

This amendment inserts standard dictionary and notes provisions in line with current drafting practice.  A new dictionary is inserted by a later amendment.

[3.34]New section 4A

insert

4AMeaning of doing an act

1. In this Act:

   doing an act includes failing to do the act.

   NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

2. In this Act, a reference to doing an act because of a particular matter includes a reference to doing an act because of 2 or more matters that include the particular matter, whether or not the particular matter is the dominant or substantial reason for doing the act.

Explanatory note

This amendment converts former section 4 (2) into a new definition of doing in new section 4A (1), and former section 4 (3) into new section 4A (2), in line with current drafting practice.

[3.35]Section 5

substitute

1. Meaning of complainant and respondent

   In this Act:

   complainant means—

   (a)for a complaint lodged by an agent—the person or each person on whose behalf the complaint is lodged; and

   (b)for an investigation for which there are 2 or more complainants—each complainant.

   respondent means—

   (a)for a complaint—the person who is alleged to have done the act or acts to which the complaint relates; and

   (b)for an investigation of a complaint for which there are 2 or more respondents—each respondent; and

   (c)for an investigation initiated by the commissioner—each person whose actions are the subject of the investigation.

Explanatory note

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

[3.36]Section 5AA heading

omit

impairment

substitute

disability

Explanatory note

This amendment is consequential on the next amendment.

[3.37]Section 5AA (1), definition of impairment

omit

impairment

substitute

disability

Explanatory note

This amendment amends what was the definition of impairment to make it a definition of disability.  The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

[3.38]Section 5AA (2)

omit

impairment includes an impairment

substitute

disability includes a disability

Explanatory note

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

[3.39]Section 5AA (2) (a) to (c)

omit

impairment

substitute

disability

Explanatory note

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

[3.40]Section 5A

omit everything before paragraph (a), substitute

5AMeaning of potential pregnancy

In this Act:

potential pregnancy, of a woman, includes—

Explanatory note

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

[3.41]Section 6

substitute

1. MLAs as employers

2. For this Act, a member of the Legislative Assembly (in his or her capacity as an office-holder or otherwise) is taken to be an employer in relation to a person who is, or who is seeking to be, employed under the Legislative Assembly (Members’ Staff) Act 1989, section 5 or 10 as a member of the staff of the member.

3. In this section:

   office-holder—see the Legislative Assembly (Members’ Staff) Act 1989, section 3.

Explanatory note

This amendment updates language and brings the form of the provision in line with current drafting practice. In particular, the Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

[3.42]Section 7 (1) (j)

substitute

(j)disability;

Explanatory note

This amendment replaces ‘impairment’ with ‘disability’.  The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

[3.43]Section 7 (2)

omit everything before paragraph (a), substitute

1. In this Act, a reference to an attribute mentioned in subsection (1) includes—

Explanatory note

This amendment updates language.

[3.44]Section 8 (3)

omit

determining

substitute

deciding

Explanatory note

This amendment updates language.

[3.45]Section 9 (2)

substitute

1. This section does not limit the operation of section 8 in relation to discrimination on the ground of disability.

Explanatory note

This amendment updates language and is also consequential on the change of terminology from ‘impairment’ to ‘disability’.

[3.46]Section 9 (3)

omit

Nothing in this Act shall be taken to

substitute

This Act does not

Explanatory note

This amendment updates language.

[3.47]Section 9 (4), definition of assistance animal

omit

a disability

substitute

the person’s disability

Explanatory note

This amendment is consequential on the change of terminology from ‘impairment’ to ‘disability’.

[3.48]Section 10 (1) (a) and (b)

omit

determining

substitute

deciding

Explanatory note

This amendment updates language.

[3.49]Section 12 (1) (a) and (b)

omit

determining

substitute

deciding

Explanatory note

This amendment updates language.

[3.50]Section 14 (1) (a) and (2) (a)

omit

determining

substitute

deciding

Explanatory note

This amendment updates language.

[3.51]Section 15 (2) (a)

omit

refusing or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.52]Section 15 (2), new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.53]Section 16 (a)

omit

refusing or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.54]Section 16, new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.55]Section 18 (1) (a)

omit

refusing or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.56]Section 18 (1), new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.57]Section 19 (a)

after

premises

insert

(public premises)

Explanatory note

This amendment inserts a tagged-term definition to allow the language of the section to be updated.

[3.58]Section 19 (b)

omit

any such

substitute

public

Explanatory note

This amendment updates language.

[3.59]Section 19 (c)

omit

such

substitute

public

Explanatory note

This amendment updates language.

[3.60]Section 19 (d)

substitute

(d)by refusing to allow the other person the use of any facilities (public facilities) in public premises that the public or a section of the public is entitled or allowed to use (whether for payment or not); or

Explanatory note

This amendment inserts a tag-term definition to allow the language of the section to be updated and updates language.

[3.61]Section 19 (e)

omit

any such

substitute

public

Explanatory note

This amendment updates language.

[3.62]Section 19 (f)

omit

such

substitute

public

Explanatory note

This amendment updates language.

[3.63]Section 20

omit 1st mention of

person

substitute

person (the provider)

Explanatory note

This amendment allows the next amendment to update language by replacing ‘firstmentioned’ with the tag term ‘provider’.

[3.64]Section 20 (b) and (c)

omit

firstmentioned person

substitute

provider

Explanatory note

This amendment updates language.

[3.65]Section 22 (1) (a)

omit

refusing or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.66]Section 22 (1), new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.67]Section 22 (2) (b)

omit

refusing or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.68]Sections 24 and 25

substitute

1. Domestic duties

   Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person (the first person) to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve doing domestic duties on the premises where the first person lives.

2. Residential care of children

   Section 10 (1) (a) or (b) or section 13 (b) does not make it unlawful for a person to discriminate against someone else in relation to a position as an employee or contract worker if the duties of the position involve the care of a child where the child lives.

Explanatory note

This amendment updates language.

[3.69]Section 25A

omit

Nothing in this Act prevents

substitute

This Act does not prevent

Explanatory note

This amendment updates language.

[3.70]Section 26A

substitute

26APreselection by employment agencies

Part 3 or 4 does not make unlawful discrimination by an employment agency in the selection of people as suitable for a job vacancy if, had the proposed employer discriminated against the person in the same way, the discrimination would not have been unlawful.

Explanatory note

This amendment updates language.

[3.71]Section 27 (1)

omit

Nothing in part 3 renders

substitute

Part 3 does not make

Explanatory note

This amendment updates language.

[3.72]Section 28

substitute

1. Insurance

   Part 3 does not make it unlawful for a person (the first person) to discriminate against someone else (the second person) in relation to the terms on which an annuity or policy of insurance is offered to, or may be obtained by, the second person, if the discrimination is reasonable in the circumstances, having regard to any actuarial or statistical data on which it is reasonable for the first person to rely.

Explanatory note

This amendment updates language.

[3.73]Section 29 (1)

omit

Nothing in part 3 renders

substitute

Part 3 does not make

Explanatory note

This amendment updates language.

[3.74]Section 29 (2)

omit everything before paragraph (a), substitute

1. For discrimination on the ground of age, subsection (1) applies only if—

Explanatory note

This amendment updates language.

[3.75]Section 29 (3) (a) and (4)

omit

the commencement date

substitute

4 March 1994

Explanatory note

This amendment replaces a reference to the commencement date with the actual date to assist readers.

[3.76]Section 29 (5), definition of commencement date

omit

Explanatory note

This amendment omits the definition consequential on the substitution of the actual date by other amendments.

[3.77]Section 29 (5), definitions of existing superannuation fund conditionand new superannuation fund condition

omit

the commencement date

substitute

4 March 1994

Explanatory note

This amendment replaces references to the commencement date with the actual date to assist readers.

[3.78]Section 30 (1)

omit

Nothing in this Act renders

substitute

This Act does not make

Explanatory note

This amendment updates language.

[3.79]Section 31

substitute

1. Voluntary bodies

   Part 3 does not make it unlawful for a voluntary body to discriminate against a person in relation to—

   (a)the admission of people as members of the body; or

   (b)the provision of benefits, facilities or services to people, whether the people are members of the body or otherwise.

Explanatory note

This amendment updates language.

[3.80]Section 32

omit

Nothing in part 3 applies

substitute

Part 3 does not apply

Explanatory note

This amendment updates language.

[3.81]Section 33 (1)

omit everything before paragraph (a), substitute

1. Section 10 or 13 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to—

Explanatory note

This amendment updates language and allows a later amendment to replace ‘firstmentioned’ with the tag term ‘first person’.

[3.82]Section 33 (1) (b)

omit

the doing of work

substitute

doing work

Explanatory note

This amendment simplifies language as a result of the new definition of doing an act (see proposed new section 4A (Meaning of doing an act)) inserted by an earlier amendment.

[3.83]Section 33 (1)

omit

firstmentioned

substitute

first

Explanatory note

This amendment updates language.

[3.84]Section 33 (2)

omit everything before

the provision

substitute

1. Section 18 does not make it unlawful for a person (the first person) to discriminate against someone else in relation to

Explanatory note

This amendment updates language.

[3.85]Section 33 (2)

omit

firstmentioned

substitute

first

Explanatory note

This amendment updates language.

[3.86]Section 34 heading

substitute

1. Genuine occupational qualifications—sex

Explanatory note

This amendment distinguishes the section heading from other section headings in the Act.

[3.87]Section 34 (1)

substitute

1. Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of sex in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of the opposite sex to the relevant person.

Explanatory note

This amendment updates language.

[3.88]Section 34 (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[3.89]Section 36

omit

Nothing in section 18 renders

substitute

Section 18 does not make

Explanatory note

This amendment updates language.

[3.90]Section 36

omit

refusal or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.91]Section 36, new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.92]Section 37

substitute

1. Pregnancy, childbirth or breastfeeding

   Part 3 does not make it unlawful for a person to discriminate against a man on the ground of sex only because the person gives a woman rights or privileges in relation to pregnancy, childbirth or breastfeeding.

Explanatory note

This amendment updates language.

[3.93]Section 38

omit

Nothing in part 3 renders

substitute

Part 3 does not make

Explanatory note

This amendment updates language.

[3.94]Section 39 (1) (a)

omit

determined

substitute

decided

Explanatory note

This amendment updates language.

[3.95]Section 39 (2)

substitute

1. Part 3 does not make unlawful discrimination on the ground of sex in relation to the provision of accommodation if the accommodation is provided solely for people of one sex who are students at an educational institution.

Explanatory note

This amendment updates language.

[3.96]Section 40 (1)

omit

Nothing in section 22 renders

substitute

Section 22 does not make

Explanatory note

This amendment updates language.

[3.97]Section 40 (2)

omit

Nothing in section 22 (1) (b) or 22 (2) renders

substitute

Section 22 (1) (b) or 22 (2) does not make

Explanatory note

This amendment updates language.

[3.98]Section 40 (3)

omit everything before paragraph (a), substitute

1. In deciding any matter relating to the application of subsection (2), the following must be taken into account:

Explanatory note

This amendment updates language.

[3.99]Section 40 (3) (a) to (c)

omit

and

Explanatory note

This amendment is consequential on another amendment of section 40 (3).

[3.100]Section 40 (3) (d)

omit

women; and

substitute

women;

Explanatory note

This amendment is consequential on another amendment of section 40 (3).

[3.101]Section 41 (1)

omit

Nothing in part 3 renders

substitute

Part 3 does not make

Explanatory note

This amendment updates language.

[3.102]Section 42 heading

substitute

1. Genuine occupational qualifications—race

Explanatory note

This amendment distinguishes the section heading from other section headings in the Act.

[3.103]Section 42 (1)

substitute

1. Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful for a person to discriminate against someone else (the relevant person) on the ground of race in relation to a position as an employee, commission agent, contract worker or partner if it is a genuine occupational qualification for the position that the position be filled by a person of a different race to the relevant person.

Explanatory note

This amendment updates language.

[3.104]Section 42 (2)

omit

the generality of

Explanatory note

This amendment omits unnecessary words.

[3.105]Section 43 (1) and (2)

substitute

1. Section 22 does not make unlawful discrimination on the ground of race in relation to a club that has as its principal object providing benefits for people of a stated race if those people are described other than—

   (a)by reference to colour; or

   (b)in a way that has the effect of excluding some members of that race on the basis of colour.

2. In deciding what the principal object of the club is for subsection (1), the following must be taken into account:

   (a)the essential character of the club;

   (b)if the people mainly enjoying the benefits of membership are of the race stated in the principal object;

   (c)any other relevant circumstance.

Explanatory note

This amendment updates language.

[3.106]Section 44

omit everything before paragraph (a), substitute

1. Religious workers

   Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful—

Explanatory note

This amendment updates language.

[3.107]Section 45

omit everything before paragraph (a), substitute

1. Political workers etc

   Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make unlawful discrimination on the ground of political conviction in relation to employment or work—

Explanatory note

This amendment updates language.

[3.108]Section 46

omit

Nothing in section 18 renders

substitute

Section 18 does not make

Explanatory note

This amendment updates language.

[3.109]Section 46

omit

refusal or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.110]Section 46, new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.111]Section 47

substitute

1. Unjustifiable hardship

   In deciding what is unjustifiable hardship for this division, all the relevant circumstances of the particular case must be taken into account, including the following:

   (a)the nature of the benefit or detriment likely to accrue or be suffered by all people concerned;

   (b)the nature of the disability of the person concerned;

   (c)the financial circumstances of, and the estimated amount of expenditure by, the person claiming unjustifiable hardship.

Explanatory note

This amendment updates language.

[3.112]Section 48

omit everything before paragraph (a), substitute

1. Genuine occupational qualifications—disability

   Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of disability in relation to employment or work that involves any of the following activities:

Explanatory note

This amendment distinguishes the section heading from other section headings in the Act and updates language.

[3.113]Section 48 (c)

substitute

(c)providing people who have a particular disability with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person with a similar disability;

Explanatory note

This amendment updates language.

[3.114]Section 49 (2)

omit everything before paragraph (a), substitute

1. Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful for a person (the first person) to discriminate against someone else on the ground of disability in relation to any setting by the first person of terms or conditions for the performance of work that is essential to the position concerned, if the terms or conditions are reasonable having regard to either or both of the following:

Explanatory note

This amendment updates language.

[3.115]Section 49 (3)

substitute

1. In this section:

   disability, of a person, includes a disability that the person has.

   NoteDisability is defined for the Act in s 5AA.

Explanatory note

This amendment amends what was the definition of impairment for the section to make it a definition of disability.  The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

[3.116]Section 50 (2)

substitute

1. In this section:

   disability, of a person, includes a disability that the person has.

   NoteDisability is defined for the Act in s 5AA.

Explanatory note

This amendment amends what was the definition of impairment for the section to make it a definition of disability.  The term ‘disability’ is to be used in the Act instead of ‘impairment’.

This is a textual change that brings terminology used in the Act into line with other legislation (including the Disability Services Act 1991 (ACT) and the Disability Discrimination Act 1992 (Cwlth)) and common usage.

[3.117]Section 51 (1)

omit

Nothing in section 18 renders

substitute

Section 18 does not make

Explanatory note

This amendment updates language.

[3.118]Section 51 (1)

omit

refusal or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.119]Section 51 (1), new note

insert

NoteThe Legislation Act, dict, pt 1 defines fail to include refuse.

Explanatory note

This amendment inserts a note to remind readers about the extended meaning of fail.

[3.120]Section 51 (2)

omit

Nothing in section 18 renders

substitute

Section 18 does not make

Explanatory note

This amendment updates language.

[3.121]Section 51 (2)

omit

refusal or

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.122]Section 52 (1)

omit

Nothing in section 19 renders

substitute

Section 19 does not make

Explanatory note

This amendment updates language.

[3.123]Section 53

substitute

1. Discrimination in the provision of goods and services

2. Section 20 does not make unlawful discrimination on the ground of disability in relation to the provision of goods, services or facilities if—

   (a)because of a person’s disability, the goods, services or facilities would have to be provided in a special way; and

   (b)their provision in that way would impose unjustifiable hardship on the person providing, or proposing to provide, the goods, services or facilities.

3. In this section:

   services includes services provided by an employment agency.

Explanatory note

This amendment updates language and brings the provision into line with current drafting practice.

[3.124]Section 54

omit

Nothing in section 21 renders

substitute

Section 21 does not make

Explanatory note

This amendment updates language.

[3.125]Section 55 (1)

omit

Nothing in section 22 renders

substitute

Section 22 does not make

Explanatory note

This amendment updates language.

[3.126]Section 55 (2)

substitute

1. In deciding what the principal object of a club is for subsection (1), the following must be taken into account:

   (a)the essential character of the club;

   (b)if the people mainly enjoying the benefits of membership have the particular disability;

   (c)any other relevant circumstance.

Explanatory note

This amendment updates language.

[3.127]Section 55 (3)

substitute

1. Section 22 does not make it unlawful to discriminate against a person on the ground of disability if the discrimination is in relation to the enjoyment of any benefit provided by a club if—

   (a)because of the person’s disability, the benefit would have to be provided to the person in a special way; and

   (b)the provision of the benefit in that way would impose unjustifiable hardship on the club.

Explanatory note

This amendment updates language.

[3.128]Sections 56 and 57 (1)

omit

Nothing in part 3 renders

substitute

Part 3 does not make

Explanatory note

This amendment updates language.

[3.129]Section 57 (1) (b)

substitute

(b)if the activity is conducted for, or mainly for, people who have a particular kind of disability—the person does not have a disability of that kind.

Explanatory note

This amendment updates language.

[3.130]Section 57A

omit everything before paragraph (a), substitute

57AGenuine occupational qualifications—age

Section 10 (1) (a) or (b), section 12 (1) (a) or (b), section 13 (b) or section 14 (1) (a) or (2) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work that involves any of the following activities:

Explanatory note

This amendment distinguishes the section heading from other section headings in the Act and updates language.

[3.131]Section 57A (c)

substitute

(c)providing people belonging to a particular age group with services for the purpose of promoting their welfare, if the services can most effectively be provided by a person belonging to a particular age group.

Explanatory note

This amendment updates language.

[3.132]Section 57B (1) and (2)

substitute

1. This section applies if an award provides for the payment of reduced wages to employees under 21 years old.

2. If this section applies, section 10 (1) or 10 (2) (a) or (b) does not make it unlawful for an employer to discriminate against a person on the ground of age—

   (a)if the person is 21 years old or older—in relation to the offer of employment to a person under 21 years old; or

   (b)if the person is under 21 years old—in relation to the payment of reduced wages to the person in accordance with the award.

Explanatory note

This amendment updates language.

[3.133]Section 57C

substitute

57CEmployment and work—health and safety

1. Section 10 (1) (c) or (2) (a) or (b), section 12 (1) (c) or (2) (a) or (b), section 13 (a) or (c) or section 14 (1) (b), (2) (b) or (3) (a) does not make it unlawful to discriminate against a person on the ground of age in relation to employment or work, or qualifications for employment or work, if the discrimination is practised in order to comply with reasonable health and safety requirements relevant to the employment or work.

2. In deciding what health and safety requirements are reasonable for subsection (1), all the relevant circumstances of the particular case must be taken into account, including the effects of the discrimination on the person discriminated against.

Explanatory note

This amendment updates language.

[3.134]Section 57E (1)

substitute

1. Section 18 does not make it unlawful to discriminate against a person on the ground of age in relation to the admission of the person to an educational institution if the level of education or training sought is provided only for students older than a particular age.

[3.475]Section 9 (3)

omit

shall

substitute

must

Explanatory note

This amendment updates language.

[3.476]Section 10

omit

Explanatory note

This amendment omits an unnecessary provision. The Legislation Act, section 196 provides that a provision of a law that gives a function to an entity (including a person) also gives the entity powers necessary and convenient to exercise the function.

[3.477]Section 12 (1)

omit

performance of a function under or in relation to this Act or another law.

substitute

exercise of a function under this Act or another law in force in the ACT.

Explanatory note

Exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function, and is the drafting term used now. This amendment also omits the unnecessary reference to ‘in relation to’ and makes it clear that the reference to another law means a law in force in the ACT.

[3.478]Section 12 (2)

omit everything before paragraph (a), substitute

1. In a disclosure mentioned in subsection (1), the coordinator must not—

Explanatory note

This amendment updates language.

[3.479]Section 13

substitute

1. Protection of coordinators etc

2. This section applies to a person who is, or has been—

   (a)the coordinator; or

   (b)a person acting under the direction or authority of the coordinator.

3. A civil proceeding does not lie against the person in relation to loss, damage or injury of any kind to someone else because of an act done, or omitted to be done, honestly in the exercise (or purported exercise) of a function under this Act or another law.

4. Subsection (2) does not affect any liability that the Territory would have in relation to the giving of information apart from that subsection.

Explanatory note

This amendment brings the provisions into line with current drafting practice.  ‘Performance’ of a function is replaced with ‘exercise, because exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function, and ‘exercise’ is the drafting term used now. The amendment also updates language.

[3.480]Division 3.2

substitute

Division 3.2               The coordinator

1. The Victims of Crime Coordinator

   There is to be a Victims of Crime Coordinator.

2. Appointment of coordinator

   The coordinator is appointed by the Minister.

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

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

3. Term of appointment of coordinator

   The coordinator must be appointed for a term of not 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, s 208 and dict , pt 1, def appoint).

4. Conditions of appointment of coordinator

   The coordinator holds the position on the conditions (if any) not provided for by this Act that are stated in the instrument of appointment.

5. Ending of appointment of coordinator

   The Minister may end the coordinator’s appointment—

   (a)for misbehaviour or physical or mental incapacity; or

   (b)under the instrument of appointment.

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

Explanatory note

New section 14:  This section restates existing section 14 (1).

New section 15: This section restates existing section 14 (2). The new section omits the reference to the appointment being made in writing. The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. The amendment also inserts standard notes about appointments.

New section 16: This section restates existing section 15 (a). The new section removes a provision that requires the instrument of appointment to state the period of appointment. The Legislation Act, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment. It also removes a reference to reappointment and a note about this is inserted. The Legislation Act, section 208 provides that a person may be reappointed to a position if the person is eligible to be appointed to the position.

Existing section 16: This section is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns. A note to this effect is inserted in new section 18.

New section 17:  This section restates existing section 15 (b) and brings it into line with current drafting practice.

New section 18:   This section restates existing section 17 and brings the provision into line with current drafting practice.  It also inserts a standard note about the ending of an appointment by resignation.

Existing section 18: This provision deals with acting coordinators.  It is no longer necessary, for the following reasons:

·the Legislation Act, section 209 provides that a power to make an appointment includes the power to make an acting appointment during vacancies and when the holder of the position is not available; and

·the bar on acting for longer than 1 year is contained in the Legislation Act, section 221 (1); and

·the Legislation Act, section 225 states that an acting appointment is not affected by a defect etc.

[3.481]Section 19 (1)

omit

shall

substitute

must

Explanatory note

This amendment updates language.

[3.482]Section 19 (2)

omit

the purposes of

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

[3.483]Section 19 (2) (e)

omit

performance

substitute

exercise

Explanatory note

Exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function, and is the drafting term used now.

[3.484]Section 20

omit

the purposes of

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

[3.485]Section 21 (a)

substitute

(a)the annual reporting authority nominated in accordance with the regulations were a public authority under that Act; and

Explanatory note

This amendment updates language.

[3.486]Sections 21 (c) and 22 (a)

omit

the purposes of

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1 defines for, in relation to an Act, to include for the purposes of the Act.

[3.487]Section 22 (b)

omit

within the meaning of

substitute

under

Explanatory note

This amendment updates language.

[3.488]New dictionary

insert

Dictionary

(see s 2)

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

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

·     ACT

·     law, of the Territory

·     Minister

·     penalty unit (see s 133)

·     police officer

·     the Territory.

Explanatory note

This amendment inserts a dictionary and standard dictionary notes.

Part 3.22Victims of Crime Regulations 2000

[3.489]Regulation 7 (2), new notes

insert

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

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

Explanatory note

This amendment inserts standard notes about appointments.

[3.490]Regulation 8 (3)

omit

Territory

substitute

ACT

Explanatory note

This amendment is in line with current drafting practice.  When ‘the Territory’ is used in the geographical sense, current drafting practice is to use ‘ACT’ instead.  ACT is defined in the Legislation Act, dictionary, part 1.

[3.491]Regulation 8 (4), notes

substitute

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

Explanatory note

This amendment omits note 2, which provided that a power to appoint a person to a position includes power to appoint a person to act in the position.  The note about acting appointments is incorporated in the standard note about appointments (see the amendment of reg 7 (2), new note 1).

[3.492]Regulation 11 (1)

substitute

1. An appointed member must not be appointed for longer than 2 years.

Explanatory note

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

[3.493]Regulation 12

omit

Explanatory note

This amendment removes an unnecessary reference to the instrument of appointment stating the term for which an appointed member is appointed. The Legislation Act, section 206 (2) provides that if a law provides for a maximum period of appointment (which these regulations do, see reg 11 (1)), the instrument of appointment must state the period for which the appointment is made.

[3.494]Regulation 24 (5), definition of found guilty

omit

Explanatory note

This amendment omits an unnecessary definition.  Found guilty is defined in the Legislation Act, dictionary, part 1.

[3.495]Regulation 37

omit

Territory

substitute

ACT

Explanatory note

This amendment is in line with current drafting practice.  When ‘the Territory’ is used in the geographical sense, current drafting practice is to use ‘ACT’ instead.  ACT is defined in the Legislation Act, dictionary, part 1.

[3.496]Regulation 51 (1), new note

insert

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

Explanatory note

This amendment inserts a standard note about approved forms.

[3.497]Dictionary, new notes

insert

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

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

·     administrative appeals tribunal

·     chief executive

·     chief police officer

·     commissioner for health complaints

·     dentist

·     disallowable instrument

·     doctor

·     DPP

·     entity

·     found guilty

·     lawyer

·     Magistrates Court

·     Minister

·     Supreme Court.

Note 3Words and expressions used in these regulations have the same meaning that they have in the Victims of Crime Act 1994 (see Legislation Act, s 148). In particular, the following terms are defined in the Victims of Crime Act 1994, dict:

·     harm

·     victim.

Explanatory note

This amendment inserts standard notes into the dictionary about terms defined in the Legislation Act and in the Act under which the regulations are made.

[3.498]Dictionary, definitions of harm and victim

omit

Explanatory note

This amendment omits signpost definitions of terms defined in the Victims of Crime Act 1994, section 3 (1). It is not legally necessary to include the signpost definitions (see the Legislation Act, section 148), but they were included to help readers find the meaning of the terms. Instead of including signpost definitions, current drafting practice is to include a note that states that terms used in the regulations are defined in the Act, dictionary under which the regulation is made, and to list some of those terms (see the above amendment).

Part 3.23Water and Sewerage Act 2000

[3.499]Section 3

omit

the Act

substitute

this Act

Explanatory note

This amendment brings the dictionary provision into line with the standard dictionary provision.

[3.500]Sections 3 and 4

renumber as sections 2 and 3

Explanatory note

This amendment renumbers the sections.

[3.501]New section 4

insert

1. Notes

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

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

Explanatory note

This amendment inserts a standard notes provision in line with current drafting practice.

[3.502]Section 5 (1)

substitute

1. The owner of premises on which it is proposed to do plumbing or sanitary drainage work must appoint a certifier in relation to the work.

   NoteFor the making of appointments, see Legislation Act, div 19.3.

Explanatory note

This amendment omits the reference to the appointment being made in writing. The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. The amendment also inserts a standard note about appointments.

[3.503]Section 5 (3) and (4)

substitute

1. A certifier’s appointment ends if the certifier ceases to be entitled to be appointed as a certifier in relation to the relevant work.

   Note 1A person’s power to make an appointment includes the power to end the appointment (see Legislation Act, s 208).

   Note 2A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

2. The Legislation Act, section 209 (Power of appointment includes power to make acting appointment) does not apply to the appointment of a certifier under this section.

Explanatory note

Existing section 5 (3) (a) is omitted because the Legislation Act, section 208 provides that a person’s power to make an appointment includes the power to end the appointment.

Existing section 5 (3) (b) is omitted because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns. A note to this effect is inserted by this amendment.

Existing section 5 (4) is remade as section 5 (3).  This amendment brings the subsection into line with current drafting practice.

New section 5 (4) displaces the Legislation Act, section 209, because it is not appropriate to appoint an acting certifier under this section. If a certifier appointed under this section cannot continue to be the certifier, the owner of the premises would appoint a new certifier.

[3.504]Section 10

omit

by virtue of section 5 (3) or (4) (Appointment of certifiers)

Explanatory note

This amendment is consequential on the amendment of section 5 (3) and (4) by an earlier amendment.

[3.505]Section 16 (3)

omit

AS1100

substitute

Australian Standard 1100

Explanatory note

This amendment makes it clear that the reference is to an Australian Standard.

[3.506]Section 18, new definitions

insert

connected—a thing is connected with an offence if—

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

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

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

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

Explanatory note

This amendment brings the form of the definitions (previously contained in section 19) more closely into line with current drafting practice.

[3.507]Section 19

omit

Explanatory note

The definitions contained in section 19, a thing connected with an offence and offence, have been relocated to section 18 by the previous amendment.

[3.508]Section 20 (1)

insert

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

Explanatory note

This amendment inserts a standard note about service of documents.

[3.509]Section 23 (1)

substitute

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

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

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 omits the reference to the appointment being made in writing and ‘for a provision of this Act’. The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing, and section 7 (3) provides that a reference to an Act includes a reference to a provision of an Act. The amendment also inserts standard notes about appointments.

[3.510]Section 26

substitute

1. Delegation—chief executive

   The chief executive may delegate the chief executive’s functions under this part (other than section 23 (Appointment of inspectors)) to an inspector or public servant.

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

Explanatory note

This amendment updates the delegation provision by omitting the words ‘all or any’ (of the chief executive’s functions). This is because the Legislation Act, 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 delegated functions, is delegated.

The reference to the chief executive’s ‘powers’ is replaced with ‘functions’, because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now.

This amendment also inserts a standard note about delegations.

[3.511]Section 48 (1), new note

insert

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

Explanatory note

This amendment inserts a standard note about approved forms.

[3.512]Dictionary

omit

(see s 3)

substitute

(see s 2)

Explanatory note

This amendment is consequential on the renumbering of section 3 by an earlier amendment.

[3.513]Dictionary, new notes

insert

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

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

·     administrative appeals tribunal

·     appoint

·     chief executive

·     disallowable instrument

·     document

·     function

·     magistrate

·     penalty unit (see s 133)

·     the Territory.

Explanatory note

This amendment inserts standard dictionary notes.

[3.514]Dictionary, new definition of connected

insert

connected, with an offence, for part 4 (Enforcement)—see section 18.

Explanatory note

This amendment inserts a signpost definition in line with current drafting practice.

[3.515]Dictionary, definition of function

omit

Explanatory note

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

[3.516]Dictionary, new definitions

insert

occupier, of premises, for part 4 (Enforcement)—see section 18.

offence, for part 4 (Enforcement)—see section 18.

reasonably believes, for part 4 (Enforcement)—see section 18.

Explanatory note

This amendment inserts signpost definitions in line with current drafting practice.

[3.517]Dictionary, definition of this Act

omit

Explanatory note

This amendment omits an unnecessary definition. The Legislation Act, section 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations.

Part 3.24Workers Compensation Act 1951

[3.518]Section 20 (1), definition of CPI

omit

ABS

substitute

Australian Statistician

Explanatory note

This amendment replaces an incorrect reference to the ABS (the Australian Bureau of Statistics) with a reference to the ‘Australian Statistician’.

[3.519]Section 20 (1), note

substitute

NoteAWE is defined in the dict.

Explanatory note

This amendment removes the reference to the ABS, and is consequential on the previous amendment.

[3.520]Dictionary, definition of ABS

omit

Explanatory note

This amendment omits an unnecessary definition.  All of the references in the Act to the ABS are replaced with references to the Australian Statistician by amendments in this part.

[3.521]Dictionary, definition of AWE

substitute

AWE means—

(a)the average weekly earnings, States and Territories, seasonally adjusted for the ACT (all males total earnings) contained in Average Weekly Earnings, Australia issued by the Australian Statistician; or

(b)if the Australian Statistician issues a publication (however described) containing average weekly earnings in substitution for, or instead of, the average weekly earnings mentioned in paragraph (a)—the substituted average weekly earnings.

Explanatory note

This amendment replaces an incorrect reference to the ABS (the Australian Bureau of Statistics) with a reference to the ‘Australian Statistician’ and updates the reference to the publication issued by the Australian Statistician.

Schedule 4Repeal of redundant Act

(see s 6)

Part 4.1Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979

Explanatory note

This part repeals an Act that is no longer needed.

The Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 authorised the Commonwealth Brickworks (Canberra) Limited to pass a resolution about altering the company’s memorandum of association.  The Act required the company to lodge the resolution with the registrar of companies for registration.  The alteration of the memorandum of association would take effect on registration.

The operation of the Act is spent.  The resolution was passed on 10 August 1979, and was registered soon after.

Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 No 22

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 8 May 2003]

I certify that the above is a true copy of the Statute Law Amendment Bill 2003 which was passed by the Legislative Assembly on 28 August 2003.

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2003