Statute Law Amendment Act 2003 (No 2) (ACT)

Statute Law Amendment Act 2003 (No 2)

A2003-56

Contents

Page

Name of Act 2
Commencement 2
Purpose 2
Notes 2
Legislation amended—schs 1—3 2
Legislation repealed—sch 4 2

Schedule 1Minor amendments  3
Part 1.1Building and Construction Industry Training Levy Act 1999       3
Schedule 2Structural amendments  5
Part 2.1Legislation Act 2001  5
Schedule 3Technical amendments  36
Part 3.1ACTEW/AGL Partnership Facilitation Act 2000           36
Part 3.2Administration (Interstate Agreements) Act 1997        39
Part 3.3Artificial Conception Act 1985  41
Part 3.4Charitable Collections Act 2003  44
Part 3.5Children and Young People Act 1999  44
Part 3.6Confiscation of Criminal Assets Act 2003                  92
Part 3.7Criminal Code 2002  93
Part 3.8Drugs in Sport Act 1999  93
Part 3.9Financial Management Act 1996  97
Part 3.10First Home Owner Grant Act 2000  97
Part 3.11Gaming Machine Act 1987  98
Part 3.12Health Professionals (Special Events Exemptions) Act 2000      101
Part 3.13Long Service Leave (Contract Cleaning Industry) Act 1999        103
Part 3.14Magistrates Court Act 1930  107
Part 3.15Magistrates Court Rules 1932  108
Part 3.16Prisoners (International Transfer) Act 1999              109
Part 3.17Protection Orders Act 2001  111
Part 3.18Public Health Act 1997  112
Part 3.19Public Sector Management Act 1994  114
Part 3.20Race and Sports Bookmaking Act 2001                   115
Part 3.21Racing Act 1999  115
Part 3.22Sale of Motor Vehicles Act 1977  126
Part 3.23Security Industry Regulations 2003  137
Part 3.24Smoke-free Areas (Enclosed Public Places) Regulations 1994     138
Part 3.25Spent Convictions Act 2000  138
Part 3.26Supervised Injecting Place Trial Act 1999                143
Part 3.27Taxation Administration Act 1999  149
Part 3.28Taxation (Government Business Enterprises) Regulations 2003   156
Part 3.29Victims of Crime Regulations 2000  157
Schedule 4Repeal of redundant or obsolete legislation   158
Part 4.1Institute for the Study of Man and Society Incorporation Act 1968         158
Part 4.2Judgment Creditors Remedies Act 1933                  159
Part 4.3Spent Convictions Regulations 2003  159
Part 4.4Registrable instruments that are no longer needed    159
Division 4.4.1        ACTION Authority Act 2001—disallowable instrument—s 36 160
Division 4.4.2        Independent Competition and Regulatory Commission Act 1997—disallowable instruments—s 15, s 16 160
Division 4.4.3        Legislative Assembly (Members’ Staff) Act 1989—disallowable instruments—s 5, s 6, s 10, s 11 161
Division 4.4.4        Utilities Act 2000—disallowable instruments—s 61, s 65 161

Statute Law Amendment Act 2003 (No 2)

A2003-56

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

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

Name of Act
This Act is the Statute Law Amendment Act 2003 (No 2).
Commencement
This Act commences on the 14th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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.
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.
Legislation amended—schs 1—3
This Act amends the legislation mentioned in schedules 1 to 3.
Legislation repealed—sch 4
This Act repeals the legislation mentioned in schedule 4.
The Institute for the Study of Man and Society Incorporation Act 1968 and the instruments mentioned in part 4.4 are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Schedule 1Minor amendments

(see s 5)

Part 1.1Building and Construction Industry Training Levy Act 1999
[1.1]New part 8
insert
Part 8Validation

Validation of appointment of members of board
The people appointed by the Minister as members of the board (whether on an acting basis or otherwise) during the period beginning on 1 November 2002 and ending on 18 July 2003 are taken to be, and always to have been, members of the board for the period appointed as if the appointments had been properly—
(a)made; and
(b)notified under the Legislation Act, section 61; and
(c)presented to the Legislative Assembly under the Legislation Act, section 64 (1).
Without limiting subsection (1), and to remove any doubt, anything done, or purporting to have been done, by the board during the period mentioned in that subsection in exercise of the functions of the board is taken to be, and always to have been, as valid as if the appointments had been properly—
(a)made; and
(b)notified under the Legislation Act, section 61; and
(c)presented to the Legislative Assembly in accordance with the Legislation Act, section 64 (1).
Expiry of pt 8
This part expires the same day it commences.
NoteIf a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law (see Legislation Act, s 88 (1) (b)).

Explanatory note

This amendment inserts provisions to ensure the validity of the appointments of members and actions of the Building and Construction Training Fund Board during the period 1 November 2002 to 18 July 2003. It would seem that not all of the requirements of the Legislation Act about the making, notification and presentation of appointments were satisfied for appointments made to the board during that period. In particular, when the appointments of members ended on 31 October 2002, some of the members were reappointed for 2 consecutive periods of less than 6 months. The second of these reappointments was not tabled.

To remove any ongoing doubts about the validity of appointments of members of the board, the members were reappointed by an instrument of appointment with effect from 19 July 2003 (see DI2003—190). The Legislative Standing Committee on Education was consulted about the reappointments and the instrument of appointment was presented to the Legislative Assembly on 19 August 2003.

Schedule 2Structural amendments

(see s 5)

Part 2.1Legislation Act 2001
[2.1]Section 2, notes
substitute
Note 1The dictionary at the end of an Act usually defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act. However, in this Act the dictionary is divided into 2 parts.
Note 2Part 1 defines terms commonly used in Acts (including this Act) and statutory instruments. For example, because of the definition ‘month means calendar month.’, the term ‘month’ has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155).
Note 3Part 2 defines certain terms used in this Act. For example, the signpost definition ‘administrator, for part 19.5 (Service of documents)—see section 246.’ means that the term ‘administrator’ is defined in s 246 for this Act, pt 19.5. A definition in pt 2 applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 (1)).

Explanatory note

This amendment brings the notes into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.

[2.2]Section 43 (2), new example and notes
insert
Example 3
The Wombat Protection Act 2003 (hypothetical) provides that the Minister may appoint a Wombat Advocate. The instrument making the appointment states that the appointment is for 5 years, but the maximum term of appointment authorised under the Act is 4 years.
The instrument is read restrictively (‘read down’) as if it referred to 4 years. In other words, the instrument is effective but the appointment is only valid for 4 years.
Note to example 3 The kind of interpretation indicated in example 3 is known as a distributive interpretation of the instrument.
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).

Explanatory note

This amendment inserts another example to further illustrate the operation of the subsection. The amendment also inserts a standard note about examples.

[2.3]Section 43 (3), note
omit

Explanatory note

This amendment omits the note about examples, as it is now placed in section 43 (2).

[2.4]Section 47 (4)
substitute

If the relevant instrument makes provision about the matter by applying a law of another jurisdiction or an instrument, the following provisions apply:
(a)if subsection (3) is displaced by, or under authority given by, an Act or the authorising law—the law of the other jurisdiction or instrument is applied as in force from time to time;
NoteFor the displacement of s (3), see s 6, examples 1 and 2.
(b)if subsection (3) is not so displaced and the relevant instrument does not provide that the law of the other jurisdiction or instrument is applied as in force at a particular time—the law or instrument is taken to be applied as in force when the relevant instrument is made.
Examples for s (4) (b)
1The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) provides for the making of claims against a compensation fund. Clause 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act) as in force from time to time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace subsection (3). Therefore, even though clause 43 purports to apply the NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003 is applied by the determination.
2The Locust Damage Compensation Determination 2003 (mentioned in example 1), clause 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act), but does not state that the NSW Act is to be applied as in force from time to time or at a particular time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace subsection (3). Therefore, the NSW Act as in force on 1 August 2003 is applied by the determination.
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).

Explanatory note

The amendment clarifies the effect of the displacement of section 47 (3) and the relationship between that subsection and this subsection.

More importantly, this amendment makes it clear that a statutory instrument may make provision about a matter by applying a law of another jurisdiction, or an instrument, as in force from time to time only if subsection (3) is displaced by (or under authority given by) an Act or, if the authorising law is a subordinate law or disallowable instrument, the authorising law itself. In other words, only an Act, or authorising law that is a subordinate law or disallowable instrument, can authorise a statutory instrument to apply a law of another jurisdiction, or an instrument, as in force from time to time.

The amendment ensures that displacement of subsection (3) remains subject to the Legislative Assembly’s scrutiny and control.

[2.5]New section 65 (4A)
insert
(4A) A disallowance under this section has effect for all purposes as if it were a repeal made by an Act.

Explanatory note

This amendment inserts a provision similar to section 68 (6) into section 65. Section 65 provides that, if the Legislative Assembly passes a resolution to disallow a subordinate law or disallowable instrument, the law or instrument is taken under section 65 to be repealed. This amendment means that a deemed repeal, once effective, will be repealed automatically under the Legislation Act, section 89. Its effect is, however, saved under the Legislation Act, section 84.

[2.6]Section 65
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.7]Section 73 (1) (b)
after
the Act
insert
or another Act

Explanatory note

This amendment makes it clear that the commencement of an Act may be provided for in another Act.

[2.8]Section 73 (2) and (3)
omit
subordinate law, disallowable instrument or notifiable instrument
substitute
registrable instrument

Explanatory note

This amendment applies the general commencement rules of the Legislation Act, section 73 to commencement notices. The rules presently apply to all other registrable instruments.

The rules for the commencement of laws by commencement notice are dealt with in the Legislation Act, section 77. The amendment does not affect the operation of those rules.

However, the amendment will facilitate the operation of the ACT legislation register. When a registrable instrument is included on the register, the date the instrument becomes effective (or commences) is indicated to assist users of the register. The amendment confirms that the general commencement rules that apply to other registrable instruments apply also to commencement notices as instruments, that is, the default commencement for a commencement notice itself is the day after the day the notice is notified. (This default commencement date may or may not be the same date as the date fixed by the commencement notice for the commencement of the law that it commences).

The proposed default commencement for commencement notices is the same default commencement that already applies to the commencement of a law made by a commencement notice (see Legislation Act, s 77). The amendment does not change the law, but rather confirms the way that commencement notices have been shown on the legislation register since its establishment.

[2.9]Section 73 (4) (a)
after
the day
insert
after the day

Explanatory note

This amendment brings the default commencement for non-registrable instruments (that is, instruments not required to be notified on the ACT legislation register) into line with the default commencement for registrable instruments. Under the amendment the default commencement for a non-registrable instrument will be the day after the instrument is made (or, if it is required to be approved by an entity after making, the day after the approval day).

The law does not generally recognise parts of days. In theory, it is therefore presently possible for a non-registrable instrument to operate retrospectively by default from the time of making (or approval) back to the first moment of the day it is made (or approved). The amendment will prevent this result.

However, under other amendments made by this schedule, a non-prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) if the instrument clearly indicates that it is to commence retrospectively (see proposed new s 75B and existing s 76 (1)). By contrast, a prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) only if the Legislation Act, section 76 (2) (inserted by another amendment) is displaced by, or under authority given by, an Act.

[2.10]Section 75 (2)
omit
is taken to have commenced
substitute
commences

Explanatory note

This amendment removes unnecessary words.

[2.11]Section 75 (2) (b)
omit
are taken to have commenced
substitute
commence

Explanatory note

This amendment removes unnecessary words.

[2.12]New sections 75A and 75B
insert
75AMeaning of commences retrospectively

An Act or registrable instrument commences retrospectively if it commences on a day or at a time earlier than the day after its notification day.
NoteA reference to an Act or registrable instrument includes a reference to a provision of an Act or registrable instrument (see s 7 (3) and s 12 (2)).
A statutory instrument that is not a registrable instrument commences retrospectively if it commences on a day or at a time earlier than the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.

75BRetrospective commencement requires clear indication

In this section:
law includes any statutory instrument.
A law must not be taken to provide for the law (or another law) to commence retrospectively unless the law clearly indicates that it is to commence retrospectively.
Example
The XYZ Act 2003 was notified on 1 July 2003. It contains the following provision:
2 Commencement
This Act is taken to have commenced on 17 October 2001.
Section 2 clearly indicates that the Act is to commence retrospectively.
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).
This section is a determinative provision.
NoteSee s 5 for the meaning of determinative provisions, and s 6 for their displacement.

Explanatory note

New section 75A makes it clear what retrospective commencement means. The language of the section follows the language of the provisions of the Legislation Act about the notification of Acts and registrable instruments and the making and commencement of instruments (see esp s 73 (2) and (4)).

New section 75B states that retrospective commencement requires a clear indication, and provides an example of a clear indication. The rule in section 75B is a statutory expression of the common law presumption against retrospectivity (see Pearce, D and Geddes, R S (2001), Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, ch 10). The rule presently appears in section 76 (2) and is limited in its application to section 76 (s 78 (4) presently provides a similar rule for the operation of commencement notices). The rule restated in section 75B will apply to all the provisions of the Legislation Act (eg s 73 (2) (c) and (d)) and will apply whether or not the relevant law or instrument operates prejudicially.

The amendment will facilitate the operation of the ACT legislation register. To inform users of the register about what the law is at any time, the register provides information about when a law or instrument, or a particular version of a law or instrument, became effective or ceased to be effective. In the absence of a general rule about retrospective commencements like the rule presently in the Legislation Act, section 76 (2), it can be difficult to work out whether a retrospective commencement of a registrable instrument is intended or a registrable instrument is simply notified later than the time that was envisaged. If it is simply notified late, the Legislation Act, section 73 (3) will apply and the instrument will commence on the day after its notification day.

By requiring a clear indication if a retrospective commencement is intended, the amendment will enable questions of that kind to be decided more easily and with greater certainty. It will also assist in ensuring greater transparency in the operation of laws and instruments. Under the amendment a retrospective commencement with non-prejudicial operation will need to be clearly indicated in the same way as a retrospective commencement with prejudicial operation.

[2.13]Section 76 (2)
substitute

Unless this subsection is displaced by, or under authority given by, an Act, a statutory instrument may not provide that a prejudicial provision of the instrument commences retrospectively.
Example
The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) sets out (among other things) the people who are eligible for compensation under a compensation fund. Previously, there was no restriction on who was eligible. The determination provides that it is taken to have commenced on 1 July 2003, but it is not notified until 15 August 2003. There is nothing in the Act under which the determination is made (or any other Act) that authorises the retrospective commencement.
The provision of the determination that limits who can apply for compensation is a prejudicial provision (ie it adversely affects some people’s right to receive compensation) and cannot commence retrospectively. Instead, it would commence on the day after the determination’s notification day (see s 73 (3)).

Explanatory note

This amendment makes it clear that a statutory instrument may not provide for the retrospective commencement of a prejudicial provision (defined by another amendment) of the instrument unless under the authority of an Act. The amendment also adds a new example to further illustrate the operation of the section.

[2.14]Section 76 (4)
substitute

In this section:
non-prejudicial provision means a provision that is not a prejudicial provision.
prejudicial provision means a provision that operates to the disadvantage of a person (other than the Territory or a Territory authority or instrumentality) by—
(a)adversely affecting the person’s rights; or
(b)imposing liabilities on the person.

Explanatory note

This amendment includes a new definition of prejudicial provision. The new definition is the converse of the existing definition of non-prejudicial provision, which is as follows:

‘non-prejudicial provision means a provision that does not operate to the disadvantage of a person (other than the Territory or a Territory authority or instrumentality) by—

(a) adversely affecting the person’s rights; or
(b) imposing liabilities on the person.’.

This amendment also substitutes a new definition of non-prejudicial provision.

[2.15]New section 79 (1A)
insert
(1A) This section applies to a law unless it is displaced by, or under authority given by, an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law.

Explanatory note

This amendment makes it clear that section 79 (which deals with the automatic commencement of postponed laws) can only be displaced under the authority of an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law itself. In other words, section 79 cannot be displaced by a commencement notice, which would not be subject to the Legislative Assembly’s scrutiny and control.

[2.16]Section 79 (3), definition of postponed law
omit
or provision of a law

Explanatory note

This amendment omits unnecessary words. Law is defined for chapter 8 (in s 72) to include a provision of a law.

[2.17]Section 79
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.18]Section 88 (1), example for paragraph (a)
substitute
Examples for par (a)
1a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act
2a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment

Explanatory note

This amendment includes an additional example of a common transitional provision, namely, a provision dealing with the application of amendments.

[2.19]Section 89 (6)
substitute

If an instrument making, or evidencing, an appointment (including an acting appointment) is a registrable instrument, the instrument is automatically repealed—
(a)on the day the appointment ends; or
(b)if the instrument makes 2 or more appointments that end on different days—on the day the last-ending appointment ends.

Explanatory note

This amendment makes it clear that, if an instrument makes 2 or more appointments that end on different days, the instrument is repealed when the last-ending appointment ends.

[2.20]New section 89 (7A)
insert
(7A) If apart from this subsection a law or instrument would be automatically repealed on a day that is earlier than its notification day, the law or instrument is instead automatically repealed on the day after its notification day.

Explanatory note

This amendment applies to the rare case where all of the provisions of a law or instrument to which this section applies commence retrospectively. Without this amendment, the automatic repeal would happen before notification day, which is potentially confusing. This amendment means that the earliest that an automatic repeal can happen is the day after the relevant notification day.

[2.21]Section 89 (10), definition of amending law, new example
insert
Example for par (e)
an objects provision

Explanatory note

This amendment includes a new example to make it clear that a provision about the purposes of a law or provision includes an objects provision.

[2.22]Section 89 (10), definition of amending provision
substitute
amending provision, of a law, means a provision of the law that only amends or repeals a law or statutory instrument, and includes—
(a)any other provision (for example, a schedule) of the law that only identifies the law or instrument amended or repealed; and
(b)any other provision (for example, a part heading) of the law that only identifies (or groups) provisions that are amended or repealed.

Explanatory note

This amendment extends the provisions that are automatically repealed to include provisions that identify or group provisions that are amended or repealed. The following amendment provides an example.

[2.23]Section 89, new example
insert
Example 3 for s 89—see s (10), def amending provision
The Plant Diseases Act 2003 (hypothetical), part 6 is as follows:
Part 6 Repeals and consequential amendment
42 Repeal of Plant Diseases Act 1934
The Plant Diseases Act 1934 No 21 A1934-21 is repealed.

43 Repeal of Plant Diseases Regulations 1938
The Plant Diseases Regulations 1938 (made on 11 February 1938) are repealed.

44 Administrative Decisions (Judicial Review) Act 1989, schedule 1, new clause 6
insert
6This Act does not apply to decisions of the Minister under the Plant Diseases Act 2003, part 3 (Measures for the control of diseases and pests).

Under the definition of amending provision, the heading to part 6, as well as the contents of part 6, are automatically repealed under section 89.

Explanatory note

This amendment inserts a new example for section 89. It illustrates the operation of the new definition of amending provision. The definition was amended by the previous amendment.

[2.24]Section 89
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.25]Section 99 (1) (b)
substitute
(b)the year when it was enacted and its number, together with a reference (if necessary) to indicate that it is an Act.

Example of reference to indicate Act
an Act may be referred to using the word Act or the letter ‘A’ eg ‘A1993-1’ is a reference to Act No 1 of 1993
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).

Explanatory note

This amendment clarifies the way in which an Act may be referred to. The example follows the practice used on the ACT legislation register to refer to Acts.

[2.26]Section 100 (1), new examples
insert
Examples of references to kind of instrument for par (b)
1a subordinate law may be referred to using the letters ‘SL’ (eg ‘SL2000-11’ is a reference to subordinate law No 11 of 2000)
2a disallowable instrument may be referred to using the letters ‘DI’ (eg ‘DI1997-101’ is a reference to disallowable instrument No 101 of 1997)
3a notifiable instrument that is not an approved form may be referred to using the letters ‘NI’ (eg ‘NI2002-226’ is a reference to notifiable instrument No 226 of 2002)
4an approved form may be referred to using the letters ‘AF’ (eg ‘AF2003-1’ is a reference to approved form No 1 of 2003)
5a commencement notice may be referred to using the letters ‘CN’ (eg ‘CN2002-3’ is a reference to commencement notice No 3 of 2002)
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).

Explanatory note

This amendment adds examples to section 100 (1) to illustrate how statutory instruments may be referred to. The examples follow the practice used on the ACT legislation register to refer to registrable instruments.

[2.27]New section 102 (2A)
insert
(2A) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).

Explanatory note

This amendment makes it clear that section 102 is subject to section 47.

[2.28]Section 102
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.29]Section 116 (1) (l)
substitute
(l)omits, inserts or changes a referential term; or

Explanatory note

This amendment brings the paragraph into line with current drafting practice by using ‘term’ instead of ‘expression’.

[2.30]New section 126 (2A)
insert
(2A) A preamble or other recital to an Act or statutory instrument is part of the Act or instrument.

Explanatory note

This amendment provides that a preamble or other recital is part of an Act or statutory instrument. This is the current position in Australia (see Pearce, D and Geddes, R S (2001), Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, par 1.27 and par 4.39).

[2.31]Section 126
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.32]Section 130 (a) and (b)
substitute
(a)gives a meaning to a term; or
(b)limits or extends the meaning of a term.

Explanatory note

This amendment brings the section into line with current drafting practice by using ‘term’ instead of ‘word or expression’.

[2.33]Section 130, example 8
substitute
8excluded—a claim is excluded if the claim is not brought within 1 year after the day the claimant becomes aware of the failure to account to which the claim relates.

Explanatory note

This amendment brings the example into line with current drafting practice by adding ‘the day’ after ‘after’.

[2.34]Section 130, example 9 and note 1
substitute
9A term used in the XYZ Act 2003 has the same meaning in this Act.
10A term defined in the XYZ Act 2003 has the same meaning in this Act.
Note 1Examples 5 and 6 illustrate signpost definitions, that is, definitions that do not themselves directly define a term but point the reader to the place where the term is defined (see s 131).

Explanatory note

This amendment brings the example and note into line with current drafting practice, including using ‘term’ instead of ‘word’ and ‘expression’. The amendment also inserts new example 10, a variation of example 9.

[2.35]Section 131 (1)
substitute

In an Act or statutory instrument, a definition of a term that includes the word ‘see’ followed by a reference to a law or instrument means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time.

Explanatory note

This amendment brings the subsection into line with current drafting practice by using ‘term’ instead of ‘word or expression’.

[2.36]New section 131 (1A)
insert
(1A) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).

Explanatory note

This amendment makes it clear that section 131 is subject to section 47.

[2.37]Section 131
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.38]Section 144 heading
substitute

Meaning of commonly-used terms

Explanatory note

This amendment brings the heading into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.

[2.39]Section 146 (1) and (2)
omit
word or expression
substitute
term

Explanatory note

This amendment brings the subsections into line with current drafting practice by using ‘term’ instead of ‘word or expression’.

[2.40]Section 148
omit
Words and expressions
substitute
Terms

Explanatory note

This amendment brings the section into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.

[2.41]Section 151 (1)
substitute

This section applies if a period of 1 day or longer is provided or allowed for a purpose by an Act or statutory instrument.

Explanatory note

This amendment makes it clear that section 151 only applies to periods of 1 day or longer, not to periods of, for example, a few hours.

[2.42]Section 156 (1), note
substitute
Note 1See s 144 (Meaning of commonly-used terms) for the application of the definitions in this Act, dict, pt 1.
Note 2Section 148 (Terms used in instruments have same meanings as in authorising laws) provides that terms used in a statutory instrument have the same meaning as they have in the Act or statutory instrument under which the statutory instrument is made.

Explanatory note

This amendment of the note (now note 1) is consequential on the amendment of the heading to section 144 by an earlier amendment.

New note 2 refers readers to section 148.

[2.43]Section 157
omit
word or expression
substitute
term

Explanatory note

This amendment brings the section into line with current drafting practice by using ‘term’ instead of ‘word or expression’.

[2.44]Section 164
substitute

References to Australian Standards etc
In an Act or statutory instrument, a reference consisting of the words ‘Australian Standard’ or ‘AS’ followed by a number is a reference to the standard so numbered published by or on behalf of Standards Australia.
In an Act or statutory instrument, a reference consisting of the words ‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed by a number is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and Standards New Zealand.
Examples for s 164
1AS 4608-1999
2AS/NZS 4906: 1994
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).

Explanatory note

This amendment updates this section to deal with the abbreviation ‘AS’ and joint Australian/New Zealand Standards (or ‘AS/NZS’).

[2.45]Section 179 (1)
omit
expression
substitute
term

Explanatory note

This amendment brings the subsection into line with current drafting practice by using ‘term’ instead of ‘expression’.

[2.46]Section 182
substitute

Meaning of law in ch 17
In this chapter:
law means an Act or statutory instrument, and includes a provision of a law.

Explanatory note

This amendment includes all statutory instruments in the definition of law for chapter 17 (Entities and positions). This means that the provisions of the chapter will apply to entities and positions established by statutory instruments that are not subordinate laws or disallowable instruments. For example, the chapter will apply to entities and positions established by notifiable instruments, eg notifiable instruments under the Public Sector Management Act 1994, section 13 (Constitution of administrative units).

[2.47]Section 183 (3)
omit
or instrument

Explanatory note

This amendment is consequential on the revised definition of law in section 182.

[2.48]Section 185
omit
an Act or statutory instrument
substitute
a law

Explanatory note

This amendment is consequential on the revised definition of law in section 182.

[2.49]Section 186 (3)
omit
or instrument

Explanatory note

This amendment is consequential on the revised definition of law in section 182.

[2.50]New section 190 (1A)
insert
(1A) An indictable offence includes an indictable offence that is or may be dealt with summarily.

Explanatory note

This amendment clarifies the scope of the meaning of indictable offence by expressly providing that an indictable offence includes an indictable offence that is or may be dealt with summarily.

[2.51]Section 190
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[2.52]Division 19.3.1 heading
substitute
Division 19.3.1 Appointments—general

Explanatory note

This amendment changes the division heading to better reflect the division’s contents.

[2.53]Section 231 (2) and note
substitute

However, if the appointer delegates a function to a delegate, the delegate may not subdelegate the function.

Explanatory note

This amendment recasts subsection (2) to make it clearer, and removes the note which is turned into examples by the next amendment.

[2.54]Section 231 (3)
substitute

Subsection (2) is a determinative provision.
Examples
1The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y. The Act is silent on the subdelegation of the functions. Y may not subdelegate X’s functions to Z.
2The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for Y to subdelegate those functions. Because the Act authorises subdelegation, it expressly displaces this Act, section 231 (2) (see s 6). Y can therefore subdelegate X’s functions to Z (compare s 236, which deals with the subdelegation of a power to delegate).
Note 1See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
Note 2An 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).

Explanatory note

This amendment inserts examples to illustrate the operation of the section.

[2.55]Section 236
substitute

Power to delegate may not be delegated
The appointer may not delegate the appointer’s power to delegate.
Subsection (1) is a determinative provision.
NoteSee s 5 for the meaning of determinative provisions, and s 6 for their displacement.
Examples
1The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y. The Act is silent on X’s power to delegate the power to delegate. X may not delegate X’s power to delegate to Y.
2The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for X to delegate X’s power to delegate. Because the Act authorises the delegation of the power to delegate, it expressly displaces this Act, section 236 (1) (see s 6). X can therefore delegate X’s power to delegate to Y (compare s 231, which deals with the subdelegation of a delegated function).
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).

Explanatory note

This amendment removes existing subsection (2), which overlapped with existing subsection (1), and turns the note into examples to better illustrate the operation of the section.

[2.56]Section 239 (4)
omit
by
substitute
by or in relation to

Explanatory note

This amendment adds ‘or in relation to’ to make it clear that things done in relation to the delegate (eg the service of notice on the delegate) are taken to have been done in relation to the appointer (ie the notice is taken to have been served on the appointer).

[2.57]New section 310A
insert
310AApplication of s 89 to registrable instrument

Section 89 (Automatic repeal of certain laws and provisions) applies to a registrable instrument, whenever it was made.
This section expires on 12 September 2004.

Explanatory note

This amendment makes it clear that the automatic repeal provisions of section 89 apply to registrable instruments whenever they were made. The amendment will ensure that, as registrable instruments are backcaptured on the ACT legislation register, clearly spent instruments will be included with the repealed instruments and will not clutter up the instruments currently in force.

[2.58]New section 316
insert

Delegations under Administration Act 1989
To remove any doubt, if a delegation was in force under the Administration Act 1989 immediately before its repeal, the delegation is taken to have had effect after the repeal as if it were a delegation under this Act, section 254A (Delegation by Minister).
This section is in addition to the Legislation Amendment Act 2002, section 31 (2).
This section expires on 12 September 2004.

Explanatory note

The Administration Act 1989 was repealed by the Legislation Amendment Act 2002, section 31 (1). Section 31 (2) provided that the Administration Act 1989 was a law to which the Legislation Act, section 88 (Repeal does not end transitional or validating effect etc) applies.

Section 31 (2) preserved the effect of the delegations made under the Administration Act 1989, section 5. However, to remove any doubt, this amendment confirms that the delegations have effect as if they had been made under section 254A. The amendment also makes the relevant transitional provision easier to find, in line with current drafting practice. Section 31 (2) was in an amending Act, which is not as easy to find as a provision in a principal Act. Current drafting practice is to put savings and transitional provisions into principal Acts.

[2.59]Schedule 1, part 1.1, item about Innkeepers Liability Act 1902
omit

Explanatory note

This amendment omits an Act that has been repealed from the list of former NSW and UK Acts still in force in the ACT.

[2.60]Schedule 1, part 1.1
renumber items when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of items.

[2.61]Dictionary, part 1, heading and note
substitute
Part 1Meaning of commonly-used terms

(see s 144)

NoteTerms that are defined only for this Act are set out in pt 2.

Explanatory note

This amendment brings the heading and note into line with current drafting practice by using use ‘terms’ instead of ‘words and expressions’.

[2.62]Dictionary, part 1, definition of building society
substitute
building society means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
(a)the term ‘building society’; or
(b)any other term (whether or not in English) similar in meaning.

Explanatory note

This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘expression’ and simplifies its language.

[2.63]Dictionary, part 1, definition of credit union
substitute
credit union means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
(a)the term ‘credit union’; or
(b)any other term (whether or not in English) similar in meaning.

Explanatory note

This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘expression’ and simplifies its language.

[2.64]Dictionary, part 1, definition of document
omit
includes
substitute
means any record of information, and includes

Explanatory note

This amendment brings the definition of document more closely into line with the definition of document in the Evidence Act 1995 (Cwlth), dictionary, part 1.

[2.65]Dictionary, part 1, definition of indictable offence
substitute
indictable offence—see section 190.

Explanatory note

This amendment is consequential on the amendment of section 190 by an earlier amendment.

[2.66]Dictionary, part 1, new definition of insolvent under administration
insert
insolvent under administration means—
(a)a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the corresponding provisions of the law of an external Territory or foreign country; or
(b)a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part 9 (Debt agreements), or the corresponding provisions of the law of an external Territory or foreign country, if the debt agreement has not ended or been terminated; or
(c)a person who has signed a deed of arrangement or assignment under the Bankruptcy Act 1966 (Cwlth), part 10 (Arrangements with creditors without sequestration), or the corresponding provisions of the law of an external Territory or foreign country, if the terms of the deed have not been fully complied with; or
(d)a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part 10, or the corresponding provisions of the law of an external Territory or foreign country, if a final payment has not been made under the composition.

Explanatory note

This amendment inserts a new definition of insolvent under administration based substantially on the definition in the Corporations Act 2001 (Cwlth).

[2.67]Dictionary, part 1, definition of summary offence
substitute
summary offence—see section 190.

Explanatory note

This amendment is consequential on the amendment of section 190 by an earlier amendment.

[2.68]Dictionary, part 1, definition of working day
substitute
working day means a day that is not—
(a)a Saturday or Sunday; or
(b)a public holiday in the ACT under the Holidays Act 1958.

Explanatory note

This amendment brings the definition of working day more closely into line with the definition of business day, a related term.

[2.69]Dictionary, part 2, heading and note
substitute
Part 2Terms for Legislation Act 2001 only
NoteTerms that apply to all Acts and statutory instruments are set out in pt 1.

Explanatory note

This amendment brings the heading and note into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.

[2.70]Dictionary, part 2, definition of appointee, paragraph (a)
substitute
(a)for division 19.3.1 (Appointments—general)—see section 207 (2); and

Explanatory note

This amendment is consequential on another amendment that changes the heading to division 19.3.1.

[2.71]Dictionary, part 2, definition of appointer, paragraph (a)
substitute
(a)for division 19.3.1 (Appointments—general)—see section 205; and

Explanatory note

This amendment is consequential on another amendment that changes the heading to division 19.3.1.

[2.72]Dictionary, part 2, definition of referential words
substitute
referential term means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears.
Examples
1of this Act
2of this section
3hereof
4said
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).

Explanatory note

This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘words’.

[2.73]Dictionary, part 2, new definition of retrospectively
insert
retrospectively, for the commencement of legislation—see section 75A (Meaning of commences retrospectively).

Explanatory note

This amendment is consequential on another amendment that inserts new section 75A.

Schedule 3Technical amendments

(see s 5)

Part 3.1ACTEW/AGL Partnership Facilitation Act 2000
[3.1]Section 7
omit
in addition to, and not in derogation of,
substitute
additional to, and do not limit,

Explanatory note

This amendment updates language.

[3.2]Section 13 (1) (a)
after
are vested in
insert
a

Explanatory note

This amendment inserts a missing word.

[3.3]Section 14 (2)
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,

Explanatory note

This amendment updates language.

[3.4]Section 16 (1)
substitute

The Minister, or a person appointed by the Minister, may certify in writing that an asset, right or liability mentioned in the certificate has vested under section 11 or section 13 in a person mentioned in the certificate.
NoteFor the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Explanatory note

This amendment brings the subsection into line with current drafting practice. The reference to the appointment being made ‘in writing’ is omitted because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. This amendment also inserts a standard note about appointments.

[3.5]Section 18 (3)
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,

Explanatory note

This amendment updates language.

[3.6]Section 36
substitute

Regulation of prices, access and other matters
In this section:
commencement means 6 April 2000.
ICRC Act means the Independent Competition and Regulatory Commission Act 1997.
A price direction under the ICRC Act, section 20 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the price direction were a reference to ACTEW, AGL and the joint venture entity that provides the service to which the price direction relates.
An access agreement registered under the ICRC Act, part 5 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the agreement were a reference to ACTEW, AGL and the joint venture entity that owns, controls or operates the infrastructure facility to which the access agreement relates.
A determination under the ICRC Act, section 35 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the determination were a reference to ACTEW, AGL and the joint venture entity that provides the service the access for which is the subject of the determination.

Explanatory note

This amendment brings the language and structure of the section more closely into line with current drafting practice.

[3.7]Dictionary, new notes
insert
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     asset
·     corporation
·     entity
·     exercise
·     function
·     law, of the Territory
·     notifiable instrument (see s 10)
·     property
·     State
·     the Territory.

Explanatory note

This amendment inserts standard dictionary notes.

Part 3.2Administration (Interstate Agreements) Act 1997
[3.8]Section 1
substitute

Name of Act
This Act is the Administration (Interstate Agreements) Act 1997.

Explanatory note

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

[3.9]Section 4, definitions
relocate to the dictionary

Explanatory note

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

[3.10]Section 4, remainder
substitute

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 terms used in this Act.
Note 2A definition in the dictionary 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)).

4ANotes
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 dictionary provision and a standard provision explaining the status of notes.

[3.11]New dictionary
insert
Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     Legislative Assembly
·     Minister (see s 162)
·     the Territory.

Explanatory note

This amendment inserts a dictionary and standard dictionary notes.

Part 3.3Artificial Conception Act 1985
[3.12]Section 1
substitute

Name of Act
This Act is the Artificial Conception Act 1985.

Explanatory note

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

[3.13]Section 2, definition of adoptive parent
substitute
adoptive parent—see the Adoption Act 1993, including especially section 4 (3).

Explanatory note

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

[3.14]Section 2, definitions (as amended)
relocate to the dictionary

Explanatory note

This amendment relocates the definitions to a new dictionary that is inserted by another amendment

[3.15]Section 2, remainder
substitute

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘adoptive parent—see the Adoption Act 1993, including especially section 4 (3).’ means that the term ‘adoptive parent’ is defined in that Act and the definition applies to this Act.
Note 3A 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)).

2ANotes
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 dictionary provision and a standard provision explaining the status of notes.

[3.16]Section 3 (2)
omit
and includes

Explanatory note

This amendment corrects a minor drafting error.

[3.17]New dictionary
insert
Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     disallowable instrument (see s 9)
·     Minister (see s 162)
·     notifiable instrument (see s 10)
·     Supreme Court
·     the Territory.

associated person, in relation to a parentage order, for division 3.4 (Access to information)—see section 19.
birth parent, of a prescribed child, for division 3.4 (Access to information)—see section 19.
husband—see section 3.
identifying information, in relation to a parentage order for division 3.4 (Access to information)—see section 19.
married woman—see section 3.
wife—see section 3.

Explanatory note

This amendment inserts a dictionary, signpost definitions (in line with current drafting practice) and standard dictionary notes.

Part 3.4Charitable Collections Act 2003
[3.18]Section 20 (1)
omit
(a primary offence)

Explanatory note

This amendment omits unnecessary words.

Part 3.5Children and Young People Act 1999
[3.19]Section 1
substitute

Name of Act
This Act is the Children and Young People Act 1999.

Explanatory note

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

[3.20]Section 3
substitute

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1).’ means that the term ‘drug of dependence’ is defined in that subsection and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and 156).
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 brings the dictionary provision into line with current drafting practice and includes a standard provision explaining the status of notes.

[3.21]Section 9
omit
and powers

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, pt 1 defines function to include power and defines exercise a function to include perform the function.

[3.22]Section 17 (1), definition of parental responsibility
substitute
parental responsibility, for a child or young person, means all the duties, powers and responsibilities parents ordinarily have by law in relation to their children.
NotePower includes authority (see Legislation Act, dict, pt 1).

Explanatory note

This amendment omits an unnecessary word. The Legislation Act, dictionary, pt 1 defines power to include authority.

[3.23]Section 23 (3)
omit
appoint
substitute
give leave for

Explanatory note

This amendment brings the subsection into line with subsection (2), which provides that a person may only be a litigation representative for a child or young person with leave of the court.

[3.24]Section 26
omit everything before paragraph (a), substitute

Chief executive’s functions
The chief executive has the following functions:

Explanatory note

This amendment updates a section heading consequential on the omission of subsection (2) by another amendment.

[3.25]Section 26 (2)
substitute
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Explanatory note

This amendment omits a provision that is unnecessary because of the Legislation Act, section 196 (1). That section provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function. The amendment also inserts a standard note about the power to exercise functions.

[3.26]Section 34
substitute

Delegation by chief executive
The chief executive may delegate the chief executive’s functions under this Act or an interstate law to a 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 removing the words ‘in writing’ because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing.

‘Function’ is used instead of ‘power’ because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power and is the drafting term used now.

A standard note about delegations is also added.

[3.27]Section 36 (1), new notes
insert
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain 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.

[3.28]Section 39 heading
substitute

Ending of appointments

Explanatory note

This amendment updates the heading, in line with current drafting practice.

[3.29]Section 39, new note
insert
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Explanatory note

This amendment inserts a standard note about resignation of an appointment.

[3.30]Section 41 (2), new notes
insert
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain 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.

[3.31]Section 41 (4)
omit

Explanatory note

This amendment omits an unnecessary subsection that dealt with resignation. The Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.

[3.32]Section 41 (5), new note
insert
Note The official visitor’s appointment also ends if the official visitor resigns (see Legislation Act, s 210).

Explanatory note

This amendment inserts a note because of the omission of section 41 (4) by another amendment.

[3.33]Section 41
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[3.34]Section 48
substitute

Appointment of officers
The chief executive may appoint a public servant as an officer for this Act.
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 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).
If, immediately before the commencement of this section, the duties of an office in the public service included exercising the functions of an officer, then, until the chief executive makes an appointment under subsection (1) in relation to the office or the duties of the office cease to include exercising the functions of an officer, a public servant for the time being exercising the duties of the office is an officer.
Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.

Explanatory note

This amendment removes the requirement that the chief executive must create and maintain offices. The Legislation Act, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.

The amendment includes transitional arrangements that operate until new appointments are made.

Standard notes about appointments are also inserted.

[3.35]Section 51 (1) (b) (ii)
substitute
(ii)cannot exercise the functions of the Childrens Court Magistrate for another reason.

Explanatory note

This amendment changes a reference to ‘duties’ to ‘functions’. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power. Exercise a function is also defined there to include perform the function.

[3.36]Part 6.1 heading
substitute
Part 6.1Interpretation for chapter 6

Explanatory note

This amendment substitutes a more specific part heading.

[3.37]Part 6.2 heading
substitute
Part 6.2Dealing with young offenders in ACT

Explanatory note

This amendment substitutes a heading that better reflects the contents of the part.

[3.38]Division 6.2.1 heading
substitute
Division 6.2.1 General provisions for part 6.2

Explanatory note

This amendment substitutes a more specific division heading.

[3.39]Section 79 (2) (a)
substitute
(a)unless 1 of the following adults (who is not a police officer) is present:
(i)a person with parental responsibility for the young person;
(ii)a relative of the young person acceptable to the young person;
(iii)a lawyer acting for the young person or some other suitable person acceptable to the young person; or

Explanatory note

This amendment revises the paragraph to bring its structure into line with current drafting practice.

[3.40]Section 85 heading
substitute

Detention of young people generally

Explanatory note

This amendment is consequential on another amendment that inserts a new section 85A.

[3.41]Section 85 (5)
omit

Explanatory note

This amendment is consequential on another amendment that inserts a new section 85A.

[3.42]New section 85A
insert
85ATaking young person to and from court

This section applies if a young person is detained at a place and it is necessary to take the young person—
(a)from the place to a court; or
(b)from a court to the place.
The young person must not be taken with an adult under detention unless it is impracticable to avoid doing so.
The young person must not be taken to the court and placed in a room in which an adult is placed unless it is impracticable to avoid doing so.

Explanatory note

This amendment remakes section 85 (5) as section 85A to bring it structurally more closely into line with current drafting practice.

[3.43]Section 88 (2) and (3)
omit
a court
substitute
the Childrens Court

Explanatory note

This amendment changes the references to ‘a court’ to bring the subsections into line with section 88 (1). That subsection presently refers to ‘the court’ (defined in the dictionary to mean the Childrens Court). Another amendment changes the reference to ‘court’ in section 88 (1) to state the full name of the Childrens Court, in line with current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.

[3.44]Section 89 (1)
substitute

Subject to this section and section 91 (Young person may elect to be committed for trial), the Childrens Court may hear and decide a charge against a young person summarily if—
(a)the charge is an indictable offence; and
(b)the court is of the opinion that the case can properly be disposed of summarily.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also revises the structure of the provision to bring it more closely into line with current drafting practice.

[3.45]Section 90
substitute

Committal for trial in certain cases
This section applies if a young person is charged before the Childrens Court with an indictable offence.
The Childrens Court must deal with the charge in accordance with the provisions of the Magistrates Court Act 1930 relating to indictable offences if—
(a)the court has no power to hear and decide the charge summarily; or
(b)the court has the power, but decides not to hear and decide the charge summarily.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also revises the structure and language of the provision to bring them more closely into line with current drafting practice.

[3.46]Section 98
substitute

Disposition without proceeding to conviction
This section applies if the Childrens Court is satisfied that a charge against a young person is proved but, having regard to the relevant criteria, the court is of the opinion that it should not proceed to a conviction.
The Childrens Court must, as soon as practicable but in any event within 6 months—
(a)dismiss the charge; or
(b)even though no conviction is entered, make 1 or more of the orders mentioned in section 96 (1) (a), (b), (f), (g) or (h) (which is about the disposition of young offenders).
In this section:
relevant criteria means the following:
(a)the welfare of the young person;
(b)the facts of the case;
(c)the seriousness of the offence;
(d)the circumstances in which the offence was committed;
(e)the age of the young person;
(f)the apparent maturity of the young person;
(g)the apparent mental capacity of the young person;
(h)the health of the young person.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also brings the structure of the section more closely into line with current drafting practice.

[3.47]Section 103
substitute

Breach of certain orders for reparation or compensation
This section applies if—
(a)an order for reparation or compensation is made under section 96 (1) (f) (Disposition of young offenders) in relation to a young offender in favour of a person other than the Territory; and
(b)the young person in relation to whom the order is made fails to obey the order.
The Childrens Court may, at any time, by order served on the young person or on a person with parental responsibility for the young person, direct that the young person appear before the court at the time and place stated in the order.
If the young person does not appear before the Childrens Court as directed, the court may issue a warrant for the apprehension of the young person.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also revises the structure of the section to bring it more closely into line with current drafting practice.

[3.48]Section 104 (1)
omit
a court
substitute
the Childrens Court

Explanatory note

This amendment changes a reference to ‘a court’ to bring the subsection into line with section 104 (2) and (3). Those subsections presently refer to ‘the court’ (defined in the dictionary to mean the Childrens Court). Another amendment changes the references to ‘court’ in section 104 (2) and (3) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.

[3.49]Section 105 (2) (b)
omit
this section
substitute
section 105A

Explanatory note

This amendment is consequential on another amendment to insert a new section 105A.

[3.50]Section 105 (3) and (4)
omit

Explanatory note

This amendment is consequential on another amendment to insert a new section 105A.

[3.51]New section 105A
insert
105AIssue of warrant to enter and inspect

This section applies if an information on oath is laid before a magistrate—
(a)alleging that there are reasonable grounds for suspecting that—
(i)a young person who is the subject of a probation order is living on premises other than with a person who has parental responsibility for the young person; and
(ii)it is necessary in the interests of the young person for the premises to be inspected and to meet and talk with the person; and
(b)setting out those grounds.
The magistrate may issue a search warrant authorising the supervisor of a young person, with reasonable and necessary assistance and force, to enter the premises—
(a)to inspect the premises; and
(b)to meet and talk with the young person on the premises.
However, a magistrate must not issue a warrant under this section unless—
(a)the informant or someone else has given to the magistrate, either orally or by affidavit, any further information the magistrate requires about the grounds on which the issue of the warrant is being sought; and
(b)the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

Explanatory note

This amendment inserts a new section to remake section 105 (3) and (4) and bring their structure more closely into line with current drafting practice.

[3.52]Section 139 (2) (a)
substitute
(a)a police officer; or

Explanatory note

This amendment changes the reference to a member of the police force to police officer, which is defined in the Legislation Act, dictionary, part 1 to mean a member or special member of the Australian Federal Police.

[3.53]Section 146 (8) (b) (ii)
substitute
(ii)a police officer of the sending State;

Explanatory note

This amendment changes a reference to a member of the police force to police officer, in line with current drafting practice.

[3.54]Section 159 (1) (b)
substitute
(b)a dentist; or

Explanatory note

This amendment updates a reference to ‘dentist’ which is now defined in the Legislation Act, dictionary, part 1.

[3.55]Section 163 (3) (b)
omit
a duty, function or power
substitute
a function

Explanatory note

Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power. Exercise a function is also defined there to include perform the function.

[3.56]Section 166 (1)
omit
, in writing,

Explanatory note

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

[3.57]Section 166 (1), new notes
insert
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 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 inserts standard notes about appointments.

[3.58]Section 174 (3)
substitute

This division does not prevent the chief executive from taking action under another division of this part or under part 7.3 (Care and protection orders and emergency action) in relation to a child or young person.

Explanatory note

This amendment clarifies the application of section 174 (3) by changing the reference to part 7.2 to other divisions of part 7.2. Section 174 is in division 7.2.1.

[3.59]Section 175 (1)
substitute

This section applies if—
(a)a conference has resulted in a signed agreement in relation to a child or young person; and
(b)the agreement proposes that parental responsibility for the child or young person—
(i)be transferred from a person to someone else (other than the chief executive); or
(ii)be shared with a person (other than the chief executive) who would not otherwise have it.
NoteIf a form is approved under s 416A for an agreement, the form must be used.

(1A) The chief executive may apply to the Childrens Court to register the signed agreement.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also revises the structure of subsection (1) to bring it more closely into line with current drafting practice.

[3.60]Section 175
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[3.61]Section 192 (1) and (2)
omit
commissioner of police
substitute
chief police officer

Explanatory note

This amendment changes ‘commissioner of police’ to ‘chief police officer’ in accordance with current drafting practice. The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.

[3.62]Section 196 (3)
omit
court’s
substitute
Childrens Court’s

Explanatory note

[3.63]Section 204
omit 1st mention of
the court
substitute
the Childrens Court

Explanatory note

This amendment changes the reference to the first mention of the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.

[3.64]Section 205 heading
substitute

When Childrens Court may make interim protection order

Explanatory note

This amendment updates the section heading and is consequential on the changes to references to the court to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.

[3.65]Section 205A heading
substitute
205AWhen Childrens Court may make final protection order

Explanatory note

[3.66]Section 214 (4)
substitute

However, the Childrens Court may extend or vary an order only if—
(a)the effect of the extension or variation does not make the total period of the order extended or varied (including any extension, whether under subsection (3) (d) or otherwise) longer than the relevant period; or
(b)the court is satisfied that there are exceptional circumstances that justify the extension or variation.
In subsection (4):
relevant period means—
(a)in relation to an assessment order or therapeutic protection order—8 weeks; or
(b)in any other case—18 weeks.

Explanatory note

This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to. The amendment also revises the structure of section 214 (4), in line with current drafting practice.

[3.67]Section 221
omit
The court
substitute
The Childrens Court

Explanatory note

This amendment changes the reference to the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.

[3.68]Section 248 (2) (c) (i)
substitute
(i)the chief police officer; and

Explanatory note

[3.69]Section 248 (5)
substitute

If the Childrens Court gives a direction for service by a police officer, the chief police officer must, when requested to do so by the registrar, arrange for the document to be served by a police officer.

Explanatory note

This amendment also changes ‘commissioner of police’ to ‘chief police officer’ in accordance with current drafting practice. The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.

·     ACT
·     administrative appeals tribunal
·     chief executive (see s 163)
·     corporation
·     disallowable instrument (see s 9)
·     Executive
·     individual
·     lawyer
·     Minister (see s 162)
·     notifiable instrument (see s 10)
·     penalty unit (see s 133)
·     police officer
·     State
·     the Territory.

Explanatory note

This amendment inserts standard dictionary notes.

[3.227]Dictionary, definition of executive officer
omit
means the person
substitute
means a person

Explanatory note

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

Part 3.23Security Industry Regulations 2003
[3.228]Regulation 6 (3), definition of custodial officer, paragraph (h)
omit
section 6 (Powers and functions of prison officers, police officers and others)
substitute
section 6 (Functions of prison officers, police officers and others)

Explanatory note

This amendment is consequential on the amendment of the heading to the Prisoners (International Transfer) Act 1999, section 6 by an earlier amendment.

Part 3.24Smoke-free Areas (Enclosed Public Places) Regulations 1994
[3.229]Regulation 4 (1) and (2)
omit
section 14 (3)
substitute
section 16 (3)

Explanatory note

This amendment updates a cross-reference.

Part 3.25Spent Convictions Act 2000
[3.230]Section 3 (2), note
omit
s 7 (k)
substitute
s 7 (1) (o)

Explanatory note

This amendment updates a cross-reference.

[3.231]Section 4
substitute

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘conviction—see section 6.’ means that the term ‘conviction’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Explanatory note

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

[3.232]Section 6, examples 3 and 4
substitute
3The court dismisses the charge under the Children and Young People Act 1999, section 98 (2) (a).
4The court makes an order mentioned in the Children and Young People Act 1999, section 98 (2) (b).
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).

Explanatory note

This amendment is consequential on the restructure of the Children and Young People Act1999, section 98 by an earlier amendment. It also adds an example note in accordance with current drafting practice.

[3.233]Section 12 (2)
omit
section 98 (i)
substitute
section 98 (2) (a)

Explanatory note

This amendment is consequential on the restructure of the Children and Young People Act1999, section 98 by an earlier amendment.

[3.234]Section 12 (5), (6) and (7)
omit
98 (j)
substitute
98 (2) (b)

Explanatory note

This amendment is consequential on the restructure of the Children and Young People Act1999, section 98 by an earlier amendment.

[3.235]Section 13 (2)
omit
crime-free period
substitute
crime-free period

Explanatory note

This amendment brings the term, which is a defined term, into line with current drafting practice.

[3.236]Dictionary, new notes
insert
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     administrative unit
·     entity
·     exercise
·     function
·     law, of the Territory
·     penalty unit (see s 133)
·     State
·     Territory authority
·     the Territory.

Explanatory note

This amendment inserts standard dictionary notes.

[3.237]Dictionary, definition of ACT offence, note
omit

Explanatory note

This amendment omits a note made redundant by the insertion of standard dictionary notes by another amendment.

[3.238]Dictionary, definition of casino
omit

Explanatory note

This amendment omits a redundant definition. The uses of the term in section 19 (1) (b) (iv) and (6) are clear from their context.

[3.239]Dictionary, definition of correctional agency
omit

Explanatory note

This amendment omits a definition made redundant by the insertion of a new definition of prison officer by another amendment.

[3.240]Dictionary, definition of function
omit

Explanatory note

This amendment omits the definition of a term that is defined in the Legislation Act, dictionary, part 1 and which is mentioned in the standard dictionary notes inserted by another amendment.

[3.241]Dictionary, definition of law enforcement agency, paragraph (f)
substitute
(f)the CrimTrac Agency, established under the Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive Agencies);

Explanatory note

This amendment omits a reference to the abolished National Exchange of Police Information and substitutes a reference to the corresponding new agency.

[3.242]Dictionary, definition of law enforcement agency, paragraphs (i) and (j)
substitute
(i)the Attorney-General for the Territory, the Commonwealth, a State or another Territory;
(j)people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences;

Explanatory note

This amendment improves syntax and updates language in accordance with current drafting practice.

[3.243]Dictionary, definition of prison officer
substitute
prison officer includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders.

Explanatory note

This amendment subsumes the substance of the definition of correctional agency, which is omitted by another amendment.

[3.244]Dictionary, definition of public authority, note
omit

Explanatory note

This amendment omits a note made redundant by the insertion of standard dictionary notes by another amendment.

Part 3.26Supervised Injecting Place Trial Act 1999
[3.245]Section 3, definitions
relocate to the dictionary

Explanatory note

This amendment relocates the definitions to a new dictionary that is inserted by another amendment

[3.246]Section 3, remainder
substitute

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act, section 3 (1).’ means that the term ‘drug of dependence’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (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 dictionary provision and a standard provision explaining the status of notes.

[3.247]Section 5 (1A)
omit

Explanatory note

This amendment omits a spent provision.

[3.248]Section 19
substitute

Committee’s functions
The functions of the advisory committee are—
(a)to make written recommendations to the Minister about the matters mentioned in section 29 (1) (Minister must consult committee); and
(b)to exercise other functions given to the advisory committee by this Act or another Territory law.
Note 1A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Explanatory note

This amendment updates language and omits a provision that is unnecessary (s 19 (2)) because of the Legislation Act, section 196 (1). That section provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function.

The amendment also inserts a standard note about the power to exercise functions.

[3.249]Section 20 (3)
substitute

Each member of the advisory committee is appointed by the Minister for a term of not longer than 3 years.
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2A 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 updates language and brings the subsection into line with current drafting practice, as follows:

the reference to the appointment being ‘by instrument’ is omitted because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing; and
the words ‘may be re-appointed’ are not included. This is because 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.

The amendment also inserts standard notes about appointments and section 208.

[3.250]Section 20 (4)
substitute

A member holds office on the terms (if any) in relation to matters not provided for by this Act that are stated in the instrument of appointment.

Explanatory note

The reference in existing subsection (4) to a member holding office for the term stated in the instrument of appointment is omitted. This is because the Legislation Act, section 206 (2) states that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.

[3.251]Section 20 (5)
omit

Explanatory note

This amendment omits an unnecessary subsection. The Legislation Act, section 199 (4) provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership.

[3.252]Section 21
omit
in writing

Explanatory note

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

[3.253]Sections 22 and 23
substitute

Ending of appointments
The Minister may end the appointment of a member for misbehaviour or physical or mental incapacity.
The Minister must end the appointment of a member if the member—
(a)becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b)is absent for 3 consecutive meetings without leave; or
(c)is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Explanatory note

This amendment updates language and brings section 22 into line with current drafting practice. Section 23 is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns. A standard note to this effect is inserted in the section.

[3.254]Section 29 (1) (d)
substitute
(d)the terms on which people under 18 years old may attend the facility; and

Explanatory note

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

[3.255]New dictionary
insert
Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     Attorney-General
·     DPP
·     Executive
·     Legislative Assembly
·     Minister (see s 162)
·     notifiable instrument (see s 10)
·     penalty unit (see s 133)
·     regulations.

Explanatory note

This amendment inserts a dictionary and standard dictionary notes.

Part 3.27Taxation Administration Act 1999
[3.256]Section 3, definition of corporation
substitute
corporation—see the Corporations Act, section 57A.

Explanatory note

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

[3.257]Section 3, definition of function
omit

Explanatory note

This amendment omits a redundant definition. Function is defined in the Legislation Act, dict, pt 1 to include authority, duty or power.

[3.258]Section 3, definition of tax officer
omit

Explanatory note

This amendment omits the definition. A new definition of tax officer is inserted in the dictionary by the amendment that inserts the new dictionary.

[3.259]Section 3, definitions (as amended)
relocate to the dictionary

Explanatory note

This amendment relocates the definitions to a new dictionary that is inserted by another amendment

[3.260]Section 3, remainder
substitute

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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘group—see section 112.’ means that the term ‘group’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Explanatory note

This amendment inserts a standard dictionary provision.

[3.261]Section 4 (i) and (j)
substitute
(i)an Act declared under the regulations to be a tax law.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Explanatory note

This amendment omits paragraph (j) (that referred to a regulation under any of the Acts mentioned in the other paragraphs of section 4). Paragraph (j) is no longer necessary because 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.

The amendment also inserts a standard note about section 104.

[3.262]Section 8 (3), definition of tax avoidance scheme, paragraph (a)
omit
manner
substitute
way

Explanatory note

This amendment updates language.

[3.263]Section 8 (3)
relocate as section 8 (6)

Explanatory note

This amendment relocates a subsection that contains definitions to the end of the section, in line with current drafting practice.

[3.264]Section 8
renumber subsections when Act next republished under Legislation Act

Explanatory note

This amendment provides for the consequential renumbering of subsections.

[3.265]Section 22 (3)
substitute

In subsection (1):
Territory includes an officer, Minister and Territory authority.

Explanatory note

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

[3.266]Section 23 (3)
substitute

In this section:
ground of invalidity means—
(a)the ground of invalidity of a tax law; or
(b)the ground of mistake (whether law or a fact) about the validity or invalidity of a tax law; or
(c)any other restitutionary ground relating to the validity or invalidity of a tax law.
non-legislative change of the law means a change of the law or of legal principles, or a change in what is generally perceived to be the state of the law or legal principles, but does not include a change made by legislation.
Territory includes an officer, Minister and Territory authority.

Explanatory note

This amendment brings the structure and language of the subsection more closely into line with current drafting practice.

[3.267]Section 34 (b)
omit
refuses or

Explanatory note

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

[3.268]Section 34, note
substitute
Note 1The Legislation Act, dict, pt 1 defines fail to include refuse.
Note 2The following table contains a summary of the effect of s 31 to s 34:

Explanatory note

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

[3.269]Section 67 (1) to (3)
omit
or refuse

Explanatory note

This amendment updates language. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.270]Section 78
omit
any function or power of the commissioner
substitute
the commissioner’s functions

Explanatory note

This amendment updates the delegation provision, as follows:

the word ‘any’ (of the commissioner’s functions) is omitted 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 function, is delegated;
the word ‘power’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now.

[3.271]Section 78, new note
insert
NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

Explanatory note

This amendment inserts a standard note about delegations.

[3.272]Section 81
omit
in good faith
substitute
honestly

Explanatory note

This amendment updates language.

[3.273]Section 82 (4)
omit
refuse or

Explanatory note

This amendment updates language. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.274]Section 84 (2)
substitute

The powers given by this section are additional to, and do not limit, any other powers given under a law.

Explanatory note

This amendment updates language.

[3.275]Section 88 (2)
omit
refuse or

Explanatory note

This amendment updates language. The Legislation Act, dictionary, part 1 defines fail to include refuse.

[3.276]Section 130
omit

Explanatory note

This amendment omits a provision that is unnecessary. The matter is adequately dealt with by the Evidence Act 1995 (Cwlth), part 4.3 (Facilitation of proof).

[3.277]New dictionary
insert
Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     ACT
·     Commonwealth
·     Executive
·     individual
·     Magistrates Court
·     penalty unit (see s 133)
·     State
·     Supreme Court
·     Legislative Assembly
·     Minister (see s 162)
·     the Territory.

tax officer—
(a)for this Act, means—
(i)the commissioner; or
(ii)an authorised officer; or
(iii)anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a tax law; and

(b)for division 9.4 (Secrecy)—see section 94.

Explanatory note

This amendment inserts a dictionary, a new definition of tax officer that includes its meaning for division 9.4 (in line with current drafting practice), and standard dictionary notes.

Part 3.28Taxation (Government Business Enterprises) Regulations 2003
[3.278]Regulation 4
omit
·Canberra Tourism and Events Corporation

substitute
·Australian Capital Tourism Corporation

Explanatory note

This amendment updates a reference to a body.

Part 3.29Victims of Crime Regulations 2000

[3.279]Regulation 8 (4), notes
substitute
Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 4A 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 updates the standard notes about appointments.

Schedule 4Repeal of redundant or obsolete legislation

(see s 6)

Part 4.1Institute for the Study of Man and Society Incorporation Act 1968

Explanatory note

This part repeals an Act that is no longer needed.

The Institute for the Study of Man and Society Incorporation Act 1968 provided for the incorporation of the institute known as The Institute for the Study of Man and Society.

The institute was set up by an organisation called Australian Frontier (itself established by the Australian Council of Churches as an independent body) to promote the understanding and study of society. Incorporation of the institute was part of the preparatory work for the institute undertaken in the late 1960s and early 1970s. Other preparatory work included defining the objects, structure and methods of the institute, identifying the buildings and resources needed and fundraising. Land was granted to the institute by the National Capital Development Commission for the construction of buildings for the institute.

Though enough funds were raised for the building, there were insufficient funds for ongoing costs. As the Reverend Frank Engel states in his book 21 years of Australian Frontier (published in 1988 by Australian Frontier) ‘in spite of the generous support of a number of individuals, groups and companies, it was not surprising, indeed it was inevitable, that in 1974 the Australian Frontier Commission had to decide that the time had come to abandon the plan for an Institute in Canberra and to surrender the choice site to the National Capital Development Commission’ (p 73).

As the institute ‘never became a reality’ (Engel op cit), the Act has no ongoing operation and can be repealed. Its previous operation is saved by this Act, section 6 (2) (Legislation repealed—sch 4).

Institute for the Study of Man and Society Incorporation Act 1968 A1968-35
Part 4.2Judgment Creditors Remedies Act 1933

Explanatory note

This part repeals an Act that is no longer needed.

The Judgment Creditors Remedies Act 1933 deals with the enforcement of High Court judgments. It provides that a person in whose favour a High Court judgment is given is entitled to the same remedies for enforcement against a judgment debtor’s ACT property or a judgment debtor resident or present in the ACT that a person in whose favour an ACT Supreme Court judgment is given.

The Act is no longer necessary because the Commonwealth has legislated in the Judiciary Act 1903 (Cwlth), section 77M (Enforcement of judgments) to the same effect.

Judgment Creditors Remedies Act 1933 A1933-8
Part 4.3Spent Convictions Regulations 2003

Explanatory note

This part repeals regulations that are no longer needed.

The Spent Convictions Regulations 2003 are made obsolete by an amendment in this Act, schedule 3 of the Spent Convictions Act 2000, dictionary, definition of law enforcement agency, paragraph (f).

Spent Convictions Regulations 2003 SL2003-15
Part 4.4Registrable instruments that are no longer needed

Explanatory note

This part repeals registrable instruments that are spent. Any ongoing effect of the instruments is preserved by section 6.

Registrable instruments made since 12 September 2001 are required to be notified on the ACT legislation register. To assist users of the register to find the current law more easily, registrable instruments are divided in the register between current and repealed instruments, as is the case with Acts. To avoid unnecessary clutter in the current instruments on the register, the Legislation Act, section 89 provides for the automatic repeal of certain instruments once they are spent. However, not all spent instruments are automatically repealed, for example, if the instrument contains a substantive provision. Accordingly, this part of the schedule repeals some spent instruments made since 12 September 2001.

The Parliamentary Counsel’s Office has started a process of including in the legislation register registrable instruments made before 12 September 2001. The office is giving priority in the current financial year to including all earlier disallowable instruments on the register. An amendment to the Legislation Act in schedule 2 will make it clear that the automatic repeal provisions apply to registrable instruments whenever they were made. This will enable many earlier spent registrable instruments to be included in the repealed, rather than the current, part of the register as they are backcaptured. Accordingly, this part of the schedule also provides for the repeal of the ‘backcaptured instruments’ identified so far as being spent.

Division 4.4.1 ACTION Authority Act 2001—disallowable instrument—s 36
·Transfer of Employees to ACTION Authority DI2002-3

Division 4.4.2 Independent Competition and Regulatory Commission Act 1997—disallowable instruments—s 15, s 16
·Reference for an investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-65
·Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-69
·Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-291
·Industry reference for investigation into full retail contestability for electricity DI2001-346
·Independent Competition and Regulatory Commission Reference for Investigation DI2002-11
·Independent Competition and Regulatory Commission (Reference for Investigation) 2002 (No 2) DI2002-185
·Independent Competition and Regulatory Commission (Reference for Investigation) Determination 2002 (No 3) DI2002-227

Division 4.4.3 Legislative Assembly (Members’ Staff) Act 1989—disallowable instruments—s 5, s 6, s 10, s 11
·Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) DI2001-161
·Arrangements under sub-section 10 (2) for the employment of staff by members DI2001-169
·Arrangements under sub-section 5 (2) for the employment of staff by the Speaker DI2001-170
·Terms and conditions of employment of staff of members pursuant to section 11 (2) 2002 (No 2) DI2002-209
·Terms and conditions of employment of staff of the Speaker pursuant to section 6 (2) 2002 (No 2) DI2002-210
·Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) 2002 (No 2) DI2002-211

Division 4.4.4 Utilities Act 2000—disallowable instruments—s 61, s 65
·Utilities (Dam Safety Code) Variation Determination 2003 DI2003-27
·Utilities (Emergency Planning Code) Determination 2003 DI2003-32
·Utilities (Variation of Franchise Customer Electricity Metering Code) Approval 2003 (No 1) DI2003-256

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 23 October 2003.
Notification
Notified under the Legislation Act on 5 December 2003.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Statute Law Amendment Bill 2003 (No 2) which was passed by the Legislative Assembly on 27 November 2003.
Clerk of the Legislative Assembly
© Australian Capital Territory 2003