Statute Law Amendment Act 2006 (ACT)

Statute Law Amendment Act 2006

A2006-42

Contents

Page

Name of Act 2
Commencement 2
Purpose 2
Notes 2
Legislation amended—schs 1–3 3

Schedule 1Minor amendments  4
Part 1.1Emergencies Act 2004  4
Schedule 2Structural amendments  5
Part 2.1Legislation Act 2001  5
Part 2.2Legislation Regulation 2003  16
Schedule 3Technical amendments  19
Part 3.1Births, Deaths and Marriages Registration Act 1997          19
Part 3.2Business Names Act 1963  19
Part 3.3Canberra Institute of Technology Act 1987  20
Part 3.4Children and Young People Act 1999  22
Part 3.5Civil Law (Sale of Residential Property) Regulation 2004    23
Part 3.6Coroners Act 1997  24
Part 3.7Court Procedures Act 2004  27
Part 3.8Crimes (Child Sex Offenders) Act 2005  28
Part 3.9Dangerous Substances Act 2004  29
Part 3.10Duties Act 1999  30
Part 3.11Guardianship and Management of Property Act 1991        39
Part 3.12Inquiries Act 1991  40
Part 3.13Intoxicated People (Care and Protection) Act 1994           47
Part 3.14Judicial Commissions Act 1994  50
Part 3.15Limitation Act 1985  63
Part 3.16Notaries Public Act 1984  75
Part 3.17Payroll Tax Act 1987  76
Part 3.18Pest Plants and Animals Act 2005  78
Part 3.19Racing Act 1999  80
Part 3.20Royal Commissions Act 1991  89
Part 3.21Taxation Administration Act 1999  99
Part 3.22Territory-owned Corporations Act 1990  100
Part 3.23Tree Protection Act 2005  101
Part 3.24Unit Titles Act 2001  103
Part 3.25Water and Sewerage Act 2000  104
Part 3.26Witness Protection Act 1996  105

Statute Law Amendment Act 2006

A2006-42

An Act to amend certain legislation 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 2006.
Commencement
(1)This Act commences on the 21st day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment.
(3)In this section:
special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: 12 November 2005)’ means that the amendment is taken to have commenced on 12 November 2005.
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).
Purpose
The purpose of this Act is to improve the quality of the statute law of the Territory by amending 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 the 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.

Schedule 1Minor amendments

(see s 5)

Part 1.1Emergencies Act 2004
[1.1]Section 123 (2)
substitute
(2)The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day outside the bushfire season if—
(a)the land around the material to be burnt is clear of flammable material for at least 5m in every direction; and
(b)at least 24 hours before burning the material, the owner has given notice of the intended burning to every occupier of land adjacent to the land where the material is to be burnt.

Explanatory note

Existing paragraph (a) ends with ‘or’ and allows burning off to be undertaken outside the bushfire season if either paragraph (a) or paragraph (b) is satisfied. The intended effect of the provision was that both paragraphs must be complied with before burning off may be undertaken. This amendment changes the ‘or’ to an ‘and’.

Schedule 2Structural amendments

(see s 5)

Part 2.1Legislation Act 2001
[2.1]Section 4 (2), example 2
omit
, in writing,

Explanatory note

The example relates to the determination of fees under an Act. Fee determinations are disallowable instruments (see s 9 (1) (b)). This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

[2.2]Section 4 (2), note
substitute
Note 1The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)).
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 s 126 and s 132).

Explanatory note

This amendment includes new note 1 to assist users of the Act.

[2.3]Section 12
substitute

Meaning of legislative instrument
(1)A legislative instrument is—
(a)a subordinate law; or
(b)a disallowable instrument; or
(c)a notifiable instrument; or
(d)a commencement notice.
(2)A reference to a legislative instrument includes a reference to a provision of a legislative instrument.

Explanatory note

This amendment replaces the defined term registrable instrument with the defined term legislative instrument. It has become apparent that users of the Legislation Act do not find the term registrable instrument helpful. The amendment, therefore, replaces it with the equivalent term used in the Legislative Instruments Act 2003 (Cwlth).

[2.4]Section 56 (3), note 1
substitute
Note 1The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)).

Explanatory note

This amendment brings the note into line with the new note for section 4 (2) which is inserted by another amendment.

[2.5]New section 75AA
before section 75A, insert

75AACommencement of provisions identifying amended laws
(1)This section applies if a law amends another law and includes a provision (a legislation amended provision) identifying the amended law.
(2)The legislation amended provision automatically commences (or is taken to have automatically commenced)—
(a)on the commencement of the amendments; or
(b)if the amendments commence at different times—on the commencement of the earlier or earliest of the amendments.
(2)This section is a determinative provision.
NoteSee s 5 for the meaning of determinative provision, and s 6 for their displacement.

Explanatory note

This amendment includes a new section to ensure that provisions identifying legislation that is amended commence when the amendments (or the earlier or earliest of the amendments) commence.

[2.6]Section 88 (1) and (2)
substitute
(1)The continuing operation of a transitional law or validating law is not affected only because the law is repealed.
(2)Subsection (1) does not apply to a law that is a transitional law or validating law because of modifications that it makes to another law.

Explanatory note

This amendment and the next clarify and simplify provisions of section 88 (Repeal does not end effect of transitional laws etc). To make existing section 88 (1) more readable, details of the subsection are proposed to be moved to definitions inserted by the next amendment and the language of the subsection brought more closely into line with Legislation Act, section 86 (2). Existing section 88 (2) is only amended consequentially.

The Legislation Act, like other interpretation legislation in Australia, contains provisions dealing with the effect of the repeal and amendment of laws (see chapter 9). Despite these provisions and the general principle against the retrospective operation of legislation, transitional provisions are commonly included in legislation, particularly in legislation moving from one legislative scheme to another. It is readily apparent that not all of these transitional provisions are, on a strict analysis, legally necessary.

Transitional provisions that may not be strictly legally necessary are commonly included for at least 2 reasons. First, to put the intended effect of legislation during a transitional period completely beyond doubt. Second, to have an express statement of the transitional effect of provisions. Such a statement assists members of the Legislative Assembly and users of new or amended legislation to arrive at a clear understanding of the intended effect of the new or amended legislation.

In this regard the statement is educative rather than having an intended long-term legal effect. Hence the practice in the ACT for a number of years has been to include transitional provisions even though they may not be strictly necessary and to sunset the transitional provisions (including those that may be legally necessary) after they have become known to users. Sunsetting transitional provisions assists in avoiding unnecessary clutter in the statute book. However, because the ACT legislation register provides ready access to versions of the law at each point in time since the establishment of the register, these sunsetted transitional provisions can be readily located by looking at a version of the law for the relevant point in time or at the extensive endnotes provided for all ACT legislation. Because of the ACT drafting practice of including transitional provisions for amended legislation by amendment into the legislation being amended, it is unnecessary for users of ACT legislation to check amending legislation for transitional provisions.

The ACT legislative drafting practice is supported by section 88 which enables transitional provisions to be removed from current versions of legislation after a period sufficient to allow users to become familiar with them, whether or not they may have a continuing legal effect. The operation of this legislative drafting practice is reflected in the sunsetting of every transitional provision that was included in the Legislation Act when it was enacted. It is also demonstrated in many other Acts enacted by the Legislative Assembly in recent years. For example, see—

Unit Titles Act 2001, part 16
Food Act 2001, part 12
Civil Law (Wrongs) Act 2002, chapter 16 (previously ch 12)
Security Industry Act 2003, part 6
Rates Act 2004, part 9
Animal Diseases Act 2005, part 9.

[2.7]New section 88 (8) and (9)
insert
(8)To remove any doubt and without limiting section 6 (Legislation Act provisions must be applied), the application of this section to a law is not displaced only because the law is repealed and, in particular, the repeal of the law does not of itself imply an intention to displace the application of this section to the law.
(9)In this section:
transitional law means—
(a)a law made or expressed to be made for a transitional purpose; or
(b)a law that makes provision consequential on a law mentioned in paragraph (a).
Examples
1     a 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
2     a 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
3     a declaration made for subsection (3)
Note 1Transitional is defined in the dictionary to include application and savings.
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 s 126 and s 132).

validating law means—
(a)a law that validates something that is or may be invalid; or
(b)a law that makes provision consequential on a law mentioned in paragraph (a).
Examples
1 a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done
2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way

Explanatory note

This amendment inserts 2 new subsections into section 88.

Proposed section 88 (8) is included to ensure that the repeal or expiry of a transitional or validating law does not, of itself, displace section 88 or give rise to an implication that section 88 is intended to be displaced. As mentioned in the explanatory note to the previous amendment of section 88, transitional provisions may be included in legislation even though they may not be strictly legally necessary. Their repeal (or expiry) should not, therefore, give rise to an implication that any legal effect that they had was to be ended.

Proposed section 88 (9) defines the terms transitional law and validating law. The details of the definitions (including examples) are largely taken from existing section 88 (1).

[2.8]Section 89 (1)
substitute
(1)An amending law is automatically repealed on the day after—
(a)all of its provisions have commenced; or
(b)the last of its provisions that have not commenced are omitted or cannot commence.
Example of provision that can no longer commence
The ABC Act 2005 includes a provision that amends the XYZ Act 2000. Before the provision commences, the XYZ Act 2000 is repealed. The provision can, therefore, no longer commence.
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 makes it clear that an amending law is automatically repealed if the last of its uncommenced amendments are repealed before they commence or can no longer commence. Amendments can no longer commence if, for example, they amend a law or provisions that are repealed before the amendments commence. The amendment will help to remove unnecessary clutter from the statute book.

[2.9]Section 151 (4)
before
until
insert
to or

Explanatory note

Section 151 deals with working out periods of time generally. Section 151 (4) provides for the inclusion of the last day of a stated period in that period. The amendment makes it clear that section 151 (4) covers cases where the period is described as ‘to’ a stated day. For example, the period described as ‘1 January 1974 to 31 December 1980’ means that 31 December 1980 is included in the period.

[2.10]New section 151 (6A)
insert
(6A)Despite subsection (3), if, under an Act or statutory instrument, something must or may be done within a particular period of time after a stated day, the thing may be done on the stated day.

Explanatory note

This amendment makes it clear that, if something must or may be done, within a particular period of time after a stated day, then, despite section 151 (3) (which would otherwise exclude the day), the thing may be done on that day.

[2.11]Section 151A (4), definition of working day, paragraph (b) (ii)
substitute
(ii)a public holiday at the place where the thing must or may be done; or
(iii)if the thing is to be done by or in relation to an authorised deposit-taking institution—a day observed by the institution as a bank holiday at the place where the thing must or may be done.

Explanatory note

This amendment amends the definition of working day in section 151A (Periods of time ending on non-working days) to take into account the effect of bank holidays.

[2.12]Section 255 (3), example
substitute
Example
The X Act, section 23 provides for a person to apply for registration but makes no mention of a form for the application. However, the Act, section 80 (1) provides:
(1) The Minister may approve forms for this Act.
Section 80 (3) provides that the approval of a form is a notifiable instrument.
Because section 80 (1) permits a form to be approved ‘for this Act’, this Act, section 255 applies in relation to section 23 and the Minister may, in writing, approve a form for the application.
Note 1Because the approval is a notifiable instrument, it must be in writing (see s 42 (2)).
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 s 126 and s 132).

Explanatory note

This amendment clarifies the example by including references to the approval being a notifiable instrument.

[2.13]Dictionary, part 1, definition of change
substitute
change includes change by alteration, omission, substitution or addition.

Explanatory note

This amendment revises the definition of change to expressly include change by alteration. Alteration is a common kind of change and its express inclusion in the definition should assist users to better understand the scope of the definition.

[2.14]Dictionary, part 1, definition of foreign country
substitute
foreign country means a country (whether or not an independent sovereign country) outside Australia and the external territories, and includes a state, province or other part of such a country.

Explanatory note

This amendment revises the definition of foreign country to ensure that a reference to a foreign country includes a reference to a state, province or other part of the foreign country. The amendment will, for example, ensure that a reference to the law of a foreign country includes, for a foreign country that has states or provinces, a reference to the relevant law of the states or provinces.

[2.15]Dictionary, part 1, new definition of legislative instrument
insert
legislative instrument—see section 12.

Explanatory note

This amendment is consequential on another amendment in this part that replaces the defined term registrable instrument with the defined term legislative instrument.

[2.16]Dictionary, part 1, definition of modification
substitute
modification includes modification by alteration, omission, substitution and addition.

Explanatory note

This amendment revises the definition of modification to expressly include modifications by alteration. Alteration is a common kind of modification and its express inclusion in the definition should assist users to better understand the scope of the definition.

[2.17]Dictionary, part 1, definition of registrable instrument
omit

Explanatory note

This amendment is consequential on another amendment in this part that replaces the defined term registrable instrument with the defined term legislative instrument.

[2.18]Further amendments, mentions of registrable instrument
omit
registrable instrument
substitute
legislative instrument
in
·     section 19 (11)
·     section 42 (2)
·     section 46 (3)
·     section 59 (2) (b)
·     sections 60 to 63
·     section 73
·     section 75 (3)
·     section 75A
·     section 81 (6) (a) and (8)
·     section 89 (6) and (9)
·     dictionary, part 1, definition of notification

Explanatory note

This amendment is consequential on another amendment in this part.

[2.19]Further amendments, mentions of registrable instruments
omit
registrable instruments
substitute
legislative instruments
in
·     section 19 (4), (5) and (7)
·     part 6.4 heading
·     section 59
·     section 60 (1)
·     section 61 heading
·     section 63 heading
·     section 255 (1), note
·     section 302 (2) (b)

Explanatory note

This amendment is consequential on another amendment in this part.

Part 2.2Legislation Regulation 2003
[2.20]Section 3, note 1
omit
registrable instruments

substitute
legislative instruments

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.21]Part 2 heading
substitute

Part 2Notification of legislative instruments

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.22]Section 5
omit
registrable instrument
substitute
legislative instrument

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.23]Section 6 heading
substitute

Requirements about form of legislative instruments (other than approved forms)—Act, s 61 (2)

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.24]Section 6 (1) and (2)
omit
registrable instrument
insert
legislative instrument

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.25]Dictionary, note 2
insert
· legislative instrument (see s 12)

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.26]Dictionary, note 2
omit
· registrable instrument

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[2.27]Dictionary, definition of notification number
substitute
notification number, for part 2 (Notification of legislative instruments)—see section 5.

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

Schedule 3Technical amendments

(see s 5)

Part 3.1Births, Deaths and Marriages Registration Act 1997
[3.1]Sections 67 (1) and 69 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

[3.2]Dictionary, definition of doctor
omit

Explanatory note

This amendment omits a redundant signpost definition. The relevant definition was omitted by an earlier amendment.

Part 3.2Business Names Act 1963
[3.3]Section 9 (1)
substitute
(1)Except with the Minister’s consent, a business name must not be registered under this Act if the business name is a name that is—
(a)in the registrar‑general’s opinion, undesirable; or
(b)unacceptable for registration under the Corporations Regulations 2001 (Cwlth).

Explanatory note

This amendment improves the structure of the subsection and updates the reference to the relevant Commonwealth legislation.

[3.4]Section 19 (1) (d)
substitute
(d)if the business name is registered in relation to a corporation only and the corporation is deregistered under the Corporations Act or dissolved.

Explanatory note

This amendment brings the language of the paragraph into line with the Corporations Act.

Part 3.3Canberra Institute of Technology Act 1987
[3.5]Section 5 (3) and (4)
omit

Explanatory note

This amendment omits subsections that were retained in this section in error when the Act was amended by the Financial Management Legislation Amendment Act 2005, schedule 1, part 1.4. The omitted subsections relate to directions given by the Minister to the Canberra Institute of Technology. Directions are now dealt with in the Canberra Institute of Technology 1987, section 6. The omitted subsections are inserted into that section by another amendment.

[3.6]New section 6 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.7]New section 6 (3) and (4)
insert
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

(4)If the Minister gives the institute a direction under this section, a copy of the direction must be presented to the Legislative Assembly within 5 sitting days after the day the direction is given.

Explanatory note

This amendment inserts provisions omitted from section 5 by another amendment.

[3.8]Section 30 (5)
substitute
(5)The members are to be appointed by the Minister.
Note 1For the making of appointments (including acting appointments), see the 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 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 omits from subsection (5) the requirement that appointments be in writing, which is required by the Legislation Act, section 206 (1). The amendment also adds standard appointment notes.

[3.9]Section 51
omit

Explanatory note

This amendment omits a redundant provision in relation to the employment and promotion of staff of the institute. The section relates to equal employment opportunity and was inserted into the Act when the staff of the institute were not public servants to give them similar protection to Commonwealth employees under the Public Service Act 1922 (Cwlth). In 1994 the staff of the institute were brought under the Public Sector Management Act 1994 which provides for equal employment opportunity programs (see that Act, s 40).

Part 3.4Children and Young People Act 1999
[3.10]Section 403A (4) (a)
omit
registrable instruments
insert
legislative instruments

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

[3.11]Section 403A (4) (b)
omit
registrable instrument
insert
legislative instrument

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

Part 3.5Civil Law (Sale of Residential Property) Regulation 2004
[3.12]Section 9 (1) (a)
substitute
(a)a statement about any registration in the heritage register in relation to the property;

Explanatory note

This amendment updates a reference to the heritage places register. The register is now called the heritage register (see Heritage Act 2004, s 20) .

[3.13]Section 9 (2)
omit

Explanatory note

This amendment omits a redundant definition of heritage places register.

[3.14]Section 11 (2) (b)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

[3.15]Dictionary, note 2
insert
· heritage register

Explanatory note

This amendment is consequential on other amendments in this part. Dictionary note 2 is an aid to users that lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1.

Part 3.6Coroners Act 1997
[3.16]Section 10 (1)
omit
shall not perform a function or duty
substitute
must not exercise a function

Explanatory note

This amendment brings the subsection more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines function as including duty and power.

[3.17]Section 21 heading
substitute

Directions to doctors to conduct post-mortem examinations

Explanatory note

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

[3.18]Section 60 (1)
omit
exercising a power or performing a function or duty under this Act
substitute
exercising a function under this Act

Explanatory note

This amendment brings the subsection more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines function as including duty and power.

[3.19]New section 108
insert

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

Explanatory note

This amendment inserts a new provision into part 11 which deals with transitional matters in relation to the repealed Coroners Act 1956. The provision ensures that any ongoing effect of the transitional provisions is preserved after their repeal by the next amendment.

[3.20]Part 11
omit

Explanatory note

This amendment omits a redundant part dealing with transitional provisions in relation to the repealed Coroners Act 1956. Any ongoing effect of the transitional provisions is preserved after their repeal by this amendment.

[3.21]Schedule 1 heading
substitute

Schedule 1Oath or affirmation of office

(see s 10)

Explanatory note

This amendment substitutes a descriptive a schedule heading in accordance with current drafting practice.

[3.22]Dictionary, note 2
insert
·     doctor
·     lawyer
·     registrar-general

Explanatory note

This amendment is consequential on other amendments in this part. Dictionary note 2 is an aid to users that lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

[3.23]Dictionary, definition of registrar-general
omit

Explanatory note

This amendment omits a redundant definition. The term registrar-general is defined in the Legislation Act, dictionary, part 1.

[3.24]Further amendments, references to legal practitioner
omit
legal practitioner
substitute
lawyer
in
·     section 39
·     section 42
·     section 72

Explanatory note

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

[3.25]Further amendments, references to medical practitioner
omit
medical practitioner
substitute
doctor
in
·     section 9 (3)
·     section 13 (1) (f) and (g)
·     sections 21 to 23
·     section 25
·     section 32
·     section 70 (1) (d)

Explanatory note

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

Part 3.7Court Procedures Act 2004
[3.26]Section 81
omit
registrable instruments
substitute
legislative instruments

Explanatory note

This amendment is consequential on the amendment of the Legislation Act, section 12 in part 2.1.

Part 3.8Crimes (Child Sex Offenders) Act 2005
[3.27]Section 3, note 1
substitute
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 ‘witness protection program—see the Witness Protection Act 1996, dictionary.’ means that the term ‘witness protection program’ is defined in that dictionary and the definition applies to this Act.

Explanatory note

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

[3.28]Section 119 (2)
omit
Witness Protection Act 1996, section 3
substitute
Witness Protection Act 1996, dictionary

Explanatory note

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

[3.29]Section 133 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.30]Dictionary, definition of witness protection program
omit
Witness Protection Act 1996, section 3
substitute
Witness Protection Act 1996, dictionary

Explanatory note

This amendment is consequential on the transfer, by another amendment, of definitions in the Witness Protection Act 1996 from a definitions section to a dictionary.

Part 3.9Dangerous Substances Act 2004
[3.31]Sections 10 (1) (i) and 13 (2)
omit
in writing

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

[3.32]Section 49 (1) (a)
substitute
(a)the knowledge, experience and training of the person in relation to the kinds of dangerous substances to which the application relates;

Explanatory note

This amendment adds the words ‘to which the application relates’ to make it clear that it is only the dangerous substances to which the application relates that are relevant.

[3.33]Section 72 (5)
substitute
(5)For the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern), the information published by the chief executive under this section about disciplinary action is taken to be a fair report of proceedings of public concern.

Explanatory note

This amendment updates a cross-reference and terminology consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

[3.34]Further amendments, references to in writing
omit
, in writing,
in
·     section 218 (1)
·     section 219 (1)
·     section 221 (1)
·     section 222 (1)

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

Part 3.10Duties Act 1999
[3.35]Section 96 (1), definition of voting shares
substitute
voting share—see the Corporations Act, section 9.

Explanatory note

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

[3.36]Section 175, new definition of paid
insert
paid, for a premium or an instalment of a premium—see section 176.

Explanatory note

This amendment inserts a signpost definition of paid to assist users.

[3.37]Section 208A, definition of licensed vehicle dealer
omit

Explanatory note

This definition, and the omission of section 220 by the amendment below, omits 2 separate (but effectively identical) definitions of licensed vehicle dealer for different parts of the Act. The definitions are made redundant by a new definition of the term for the Act which is inserted into the dictionary by another amendment.

[3.38]Section 220
omit

Explanatory note

This amendment omits a definition of licensed vehicle dealer and is consequential on the insertion of a new definition of the term into the dictionary by another amendment.

[3.39]Dictionary, new definitions
insert
acquired, for an interest in a landholding private corporation, for part 3.2 (Acquisition of interests in certain landholders)—see section 84.
acquisition statement, for chapter 3 (Certain transactions treated as transfers)—see section 76.
asset, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

[3.40]Dictionary, definition of bankrupt
substitute
bankrupt includes having executed a personal insolvency agreement.

Explanatory note

The Bankruptcy Legislation Amendment Act 2004 (Cwlth) amended the Bankruptcy Act 1966 (Cwlth) to replace the concepts of deed of assignment, deed of arrangement and composition with the new single concept of personal insolvency agreement. This amendment brings the paragraph into line with the new concept.

[3.41]Dictionary, new definitions
insert
business, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.
capital reduction, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).
chapter 3 transaction, for chapter 3 (Certain transactions treated as transfers)—see section 76.
company, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).
consideration—see section 21.
declaration of trust, for chapter 2 (Transactions concerning dutiable property)—see section 6.
demonstrator, for part 9.2 (Exemptions)—see section 208A.
dutiable entitlement, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).
equipment financing arrangement, for chapter 6 (Hire of goods)—see section 151.
first executed, for an instrument (including a contract)—see section 243.
FS (TB) Act, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.
goods, for chapter 6 (Hire of goods)—see section 151.

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

[3.42]Dictionary, definition of hire of goods
substitute
hire of goods—see section 152 and section 153.

Explanatory note

This amendment adds a reference to section 153 which also deals with the meaning of hire of goods.

[3.43]Dictionary, definition of hiring charges
substitute
hiring charges—see section 155 and section 156.

Explanatory note

This amendment adds a reference to section 156 which also deals with the meaning of hiring charges.

[3.44]Dictionary, definition of insurance intermediary
substitute
insurance intermediary—see the Insurance Contracts Act 1984 (Cwlth), section 11.

Explanatory note

This amendment updates a signpost definition.

[3.45]Dictionary, definition of interest
substitute
interest—
(a)includes an estate, an interest under a lease or a sublease, a proprietary right and a beneficial interest; and
(b)for a private corporation, for part 3.2 (Acquisition of interests in certain landholders)—see section 83 (1).

Explanatory note

The dictionary at present contains separate definitions of this term. The substituted definition combines both in accordance with current drafting practice. It also updates a reference to a land-rich corporation.

[3.46]Dictionary, new definitions
insert
landholding, for part 3.2 (Acquisition of interests in certain landholders)—see section 80.
lease instrument, for chapter 5 (Lease instruments)—see section 133.
lessee, for chapter 5 (Lease instruments)—see section 133.
lessor, for chapter 5 (Lease instruments)—see section 133.
licensed vehicle dealer means a licensed dealer under the Sale of Motor Vehicles Act 1977.

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act. It also inserts a definition of licensed vehicle dealer for the Act to replace the definitions in section 208A and section 220 which are omitted by other amendments.

[3.47]Dictionary, definition of life company
substitute
life company—see the Life Insurance Act 1995 (Cwlth), schedule.

Explanatory note

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

[3.48]Dictionary, new definitions
insert
majority interest, in a private corporation—see section 83 (2).
paid, for a premium or an instalment of a premium, for chapter 8 (Insurance)—see section 176.
person, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).
property transferred, by a dutiable transaction—see section 8 (2).
receiving body, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.
relevant acquisition, for division 3.2.3 (Charging of duty)—see section 86.
rights alteration, in relation to voting shares, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see section 96 (1).

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

[3.49]Dictionary, definition of solicitor
omit

Explanatory note

This amendment omits an unnecessary definition. The term solicitor is defined in the Legislation Act, dictionary, part 1.

[3.50]Dictionary, definition of subsidiary
substitute
subsidiary—see section 81 (3) to (5).

Explanatory note

This amendment adds a reference to section 81 (5) which also deals with the meaning of subsidiary.

[3.51]Dictionary, new definition of time
insert
time, of transfer of dutiable property—see section 8 (2).

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, a signpost definition for a term defined elsewhere in the Act.

[3.52]Dictionary, definition of trading stock
substitute

trading stock, for part 9.2 (Exemptions)—see section 208A.

Explanatory note

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

[3.53]Dictionary, definition of transfer
substitute
transfer—
(a)includes—
(i)assignment; and
(ii)exchange; and
(iii)vesting of an interest in property under a law of the Territory, the Commonwealth, a State or another Territory, unless the interest does not exist before it is vested; and
(iv)vesting of an interest in property under a court order, unless the interest did not exist before it is vested; and

(b)for chapter 2 (Transactions concerning dutiable property)—see section 6.

Explanatory note

This amendment updates the definition of transfer by adding to the definition, in accordance with current drafting practice, a signpost definition to a term defined elsewhere in the Act.

[3.54]Dictionary, new definitions
insert
transferee, of dutiable property—see section 8 (2).
unascertainable, for an amount of a cost component, for part 5.4 (Unascertainable lease costs)—see section 143 (2).
voluntary transfer, for part 3.6 (Voluntary transfers under Financial Sector (Transfers of Business) Act 1999 (Cwlth))—see section 115A.
voting share, for part 3.3 (Entitlements arising from capital reductions or alterations of rights)—see the Corporations Act, section 9.

Explanatory note

This amendment inserts into the dictionary, in accordance with current drafting practice, signpost definitions for terms defined elsewhere in the Act.

[3.55]Further amendments, references to in writing
omit
, in writing,
in
·     section 4 (2)
·     section 4A (1)
·     section 70A (4)
·     section 91A (4)
·     section 115G (1)
·     section 201A (1)
·     section 208AA (4)
·     section 214A (5)
·     section 230 (2)
·     section 252A (1)

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

Part 3.11Guardianship and Management of Property Act 1991
[3.56]Section 10 (2) (c)
substitute
(c)is bankrupt or has executed a personal insolvency agreement (and, if so, has given particulars to the tribunal).

Explanatory note

[3.57]Section 64 (2) (b)
substitute
(b)if the member becomes bankrupt or executes a personal insolvency agreement.

Explanatory note

[3.58]Section 75 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable instruments to be in writing.

Part 3.12Inquiries Act 1991
[3.59]Section 1
substitute

Name of Act
This Act is the Inquiries Act 1991.

Explanatory note

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

[3.60]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.
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)).

Explanatory note

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

[3.61]Sections 4 and 4A
renumber as sections 3 and 4

Explanatory note

This amendment renumbers sections.

[3.62]Section 5
substitute

Appointment of board of inquiry
The Executive may appoint 1 or more people as a board of inquiry to inquire into a matter stated in the instrument of appointment.
NoteFor the making of appointments, see the Legislation Act, pt 19.3.

Explanatory note

This amendment updates the appointment section by removing the words ‘by instrument’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.

The amendment also inserts a note about appointments.

[3.63]Section 6 (4)
omit

Explanatory note

This amendment omits a redundant provision about the appointment of a member not being invalid because of a defect or irregularity in connection with the member’s appointment. The provision is unnecessary because of the Legislation Act, section 212 which is to the same effect.

[3.64]Section 9, new note
insert
NoteA member’s appointment also ends if the person resigns (see Legislation Act, s 210).

Explanatory note

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

[3.65]Section 10
omit

Explanatory note

Section 10 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 9 by another amendment.

[3.66]Section 14B (3)
omit
calendar month
substitute
month

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1, defines month as meaning calendar month.

[3.67]Section 16 (1)
omit
performance or exercise of any function or power
substitute
exercise of any function

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include power.

[3.68]Section 17
omit
performance or exercise of a function or power
substitute
exercise of a function

Explanatory note

[3.69]Section 17 (c)
omit
furnished
substitute
provided

Explanatory note

This amendment updates language.

[3.70]Section 23
substitute

Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing may be decided by the board.

Explanatory note

This amendment updates language.

[3.71]Section 37
substitute

Delegation by board
A board may delegate any of its functions under this Act with the written consent of the Chief Minister.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Explanatory note

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

[3.72]Section 38 (1)
omit
a proceeding of public concern for the Civil Law (Wrongs) Act 2002, section 128
substitute
proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern)

Explanatory note

This amendment updates a cross-reference and terminology consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

[3.73]Section 38 (3)
omit
Civil Law (Wrongs) Act 2002, section 129
substitute
Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents)

Explanatory note

This amendment updates a cross-reference consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

[3.74]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:
·     Executive
·     exercise
·     function
·     month
·     under.

authorised person means a person declared in writing by the chairperson to be an authorised person for this Act.
board means—
(a)a board of inquiry appointed under section 5; and
(b)in relation to an inquiry—the board of inquiry appointed to conduct that inquiry.
chairperson means—
(a)the chairperson of a board appointed under section 6 (1) or (3); or
(b)for a board constituted by 1 person—that person.
member means—
(a)for a board constituted by 1 person—that person; or
(b)for a board constituted by 2 or more people—each of those people.
premises includes—
(a)a building or other structure; and
(b)an aircraft, vehicle or vessel; and
(c)a place, whether or not enclosed or built on.

Explanatory note

This amendment inserts a new dictionary consequent on the omission of the interpretation provision (existing section 3) by another amendment. The language and structure of the definitions is updated to bring them into line with current drafting practice.

[3.75]Further amendments, references to legal practitioner
omit
legal practitioner
substitute
lawyer
in
·     sections 15 to 17
·     section 24 (c)
·     section 25 (a)

Explanatory note

This amendment updates language.

[3.76]Further amendments, references to persons
omit
persons
substitute
people
in
·     section 6 (1) to (3)
·     section 21 (3) and (4)
·     section 24, heading

Explanatory note

This amendment updates language.

Part 3.13Intoxicated People (Care and Protection) Act 1994
[3.77]Section 13
substitute

Protection of carers, managers and licensees
A proceeding does not lie against a person who is or has been a licensee, manager of a licensed place or carer in relation to anything honestly done or omitted to be done by the person as licensee, manager of a licensed place or carer for the exercise, or purported exercise, of a function for this Act or another territory law.

Explanatory note

This amendment updates language.

[3.78]Section 15 (2) (c) (i)
substitute
(i)if the applicant is an individual—a written statement signed by the applicant stating that the applicant has never been bankrupt or executed a personal insolvency agreement; or

Explanatory note

[3.79]Section 21 (2)
substitute
(2)A condition takes effect 28 days after the day the licensee is given notice of the condition or, if the notice states a later date of effect, that date.

Explanatory note

This amendment brings the language of the provision more closely into line with current drafting practice, particularly by ensuring that a condition does not take effect until the required time after a licensee is given notice of the condition.

[3.80]Section 23 (1) (a)
substitute
(a)if the licensee is an individual—the licensee becomes bankrupt or executes a personal insolvency agreement;

Explanatory note

[3.81]Section 23 (1) (c)
substitute
(c)if the licensee is an incorporated association or any other kind of entity—that the entity is unable to meet its debts;

Explanatory note

This amendment brings the language of the grounds on which a licence may be cancelled under section 23 into line with the language of section 15 (2) (c) (iii) which is about applications for a licence. In particular, the reference to ‘a body established by or under a law of the Territory or elsewhere’ is changed to ‘any other kind of entity’.

[3.82]Section 23 (2) (d) and (3)
substitute
(d)inviting the licensee to make submissions to the Minister, not later than 28 days after the day the licensee is given the notice, why the licence should not be cancelled.
(3)After considering any submissions made in accordance with the notice, the Minister may cancel the licence in relation to any licensed place stated in the notice on any ground stated in the notice.

Explanatory note

This amendment brings the language of the provision more closely into line with current drafting practice, particularly by ensuring that a licensee is given a minimum time to make submissions about a proposed licence cancellation.

[3.83]Sections 31 (1) and 38 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

Part 3.14Judicial Commissions Act 1994
[3.84]Section 1
substitute

Name of Act
This Act is the Judicial Commissions Act 1994.

Explanatory note

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

[3.85]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.
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)).

Explanatory note

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

[3.86]Sections 3A and 3B
renumber as sections 3 and 3A

Explanatory note

This amendment renumbers sections.

[3.87]Section 5 (3) (a)
omit
laid a copy of that report before
substitute
presented a copy of the report to

Explanatory note

This amendment updates language.

[3.88]Section 5 (3) (b) (i)
omit
laid that statement before
substitute
presented the statement to

Explanatory note

This amendment updates language.

[3.89]Section 6
substitute

Constitution of judicial commission
A judicial commission must consist of a presiding member and 2 other members appointed by the Executive.
NoteFor the making of appointments, see the Legislation Act, pt 19.3.

Explanatory note

This amendment updates the appointment section by removing the words ‘in writing’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer.

The amendment also inserts a note about appointments.

[3.90]Section 7 (4)
omit

Explanatory note

[3.91]Section 10, new note
insert
NoteA commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).

Explanatory note

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

[3.92]Section 11
omit

Explanatory note

Section 11 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 10 by another amendment.

[3.93]Section 19 (1)
omit
performing
substitute
exercising

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.94]Section 19 (2)
omit
performance
substitute
exercise

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.95]Section 19 (2) (b)
omit
laid the commission’s report before
substitute
presented the commission’s report to

Explanatory note

This amendment updates language.

[3.96]Section 20 (1) and (2)
omit
perform
substitute
exercise

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.97]Section 20 (3)
omit
performs
substitute
exercises

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.98]Section 20 (3)
omit
performed
substitute
exercised

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.99]Section 23 (1)
omit
lay a copy of the report before
substitute
present a copy of the report to

Explanatory note

This amendment updates language.

[3.100]Section 23 (2)
omit
shall, on laying a copy of the report before
substitute
must, on presenting a copy of the report to

Explanatory note

This amendment updates language.

[3.101]Section 24 (3)
omit
laid the report before
substitute
presented the report to

Explanatory note

This amendment updates language.

[3.102]Section 24 (4)
omit
lay a copy of the statement before
substitute
present a copy of the statement to

Explanatory note

This amendment updates language.

[3.103]Section 27 (1)
omit
performance or exercise of any function or power
substitute
exercise of any function

Explanatory note

[3.104]Section 28 (2)
omit
performance or exercise of a function or power
substitute
exercise of a function

Explanatory note

[3.105]Section 28 (2) (c)
omit
furnished
substitute
provided

Explanatory note

This amendment updates language.

[3.106]Section 29
omit
furnish
substitute
give

Explanatory note

This amendment updates language.

[3.107]Section 30 (1) (b)
omit
performance
substitute
exercise

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.108]Division 5.3 heading, new note
insert
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 is consequent on the omission of section 36 by another amendment.

[3.109]Section 35 (2)
omit
refuses or

Explanatory note

This amendment omits unnecessary words. Fail is defined in the Legislation Act, dictionary, part 1 to include refuse.

[3.110]Section 36
omit

Explanatory note

This amendment omits section 36 which states that a commission has power to do all things necessary or incidental to the performance of its functions. This is unnecessary because the Legislation Act, section 196 states that a provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function.

[3.111]Section 39
substitute

Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.

Explanatory note

This amendment updates language.

[3.112]Section 58
omit
in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on
substitute
honestly in the exercise or purported exercise of any function—given to

Explanatory note

This amendment brings the language of the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function and function to include authority and power.

[3.113]Section 62 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.114]Section 62 (2), new note
insert
NoteFor other provisions about forms, see the Legislation Act, s 255.

Explanatory note

This amendment inserts a standard note to bring the provision into line with current drafting practice.

[3.115]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:
·     administrative appeals tribunal
·     chief police officer
·     Executive
·     exercise
·     fail
·     function
·     sitting day
·     under.

authorised person means a person declared in writing by the presiding member to be an authorised person for this Act.
commission means—
(a)a judicial commission appointed under section 16 (3) or section 18; and
(b)for a complaint—the commission appointed to examine the complaint.
complaint means—
(a)a complaint made in accordance with section 14 (1) and (2); or
(b)an allegation, notice of which has been given to the Attorney‑General in accordance with section 14 (3) (b).
head of jurisdiction means—
(a)for a judge or the master of the Supreme Court—the Chief Justice; or
(b)for a magistrate—the Chief Magistrate; or
(c)for a member of the administrative appeals tribunal—the president of the tribunal.
judge—
(a)means—
(i)a judge of the Federal Court or Family Court; or
(ii)a judge of the Supreme Court of a State or the Northern Territory; and

(b)includes a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A.
judicial officer means—
(a)a judge of the Supreme Court, other than a person who is an additional judge appointed under the Supreme Court Act 1933, section 4A; or
(b)the master of the Supreme Court; or
(c)a magistrate; or
(d)a member of the administrative appeals tribunal, other than a person who is also a member of the Commonwealth administrative appeals tribunal.
magistrate does not include a registrar.
member, of a commission, means a member of the commission, and includes the presiding member.
premises includes—
(a)a building or other structure; and
(b)an aircraft, vehicle or vessel; and
(c)a place, whether or not enclosed or built on.
presiding member means the presiding member of a commission appointed under section 6 or section 7 (3).

Explanatory note

[3.116]Further amendments, references to laid before
omit
laid before
substitute
presented to
in
·     section 5 (2) (b)
·     section 22 (3) and (5)
·     section 23 (5)

Explanatory note

This amendment updates language.

[3.117]Further amendments, references to legal practitioner
omit
legal practitioner
substitute
lawyer
in
·     section 5 (3) (c)
·     sections 26 to 28
·     sections 40 to 42

Explanatory note

This amendment updates language.

[3.118]Further amendments, references to persons
omit
persons
substitute
people
in
·     section 5 (4)
·     section 24 (2)
·     section 37 (3) and (4)
·     section 41 heading

Explanatory note

This amendment updates language.

Part 3.15Limitation Act 1985
[3.119]New sections 2 and 3
insert

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 in this Act.
For example, the signpost definition ‘government—see the Legislation Act 2001, section 121 (Binding effect of Acts).’ means that the term ‘government’ 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 the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.

[3.120]Section 4 (a) and (b)
omit
(other than a law repealed or omitted by this Act)

Explanatory note

This amendment removes redundant words.

[3.121]Section 5 (b)
omit
a purchaser of the goods in good faith
substitute
an honest purchaser of the goods

Explanatory note

This amendment updates language.

[3.122]Section 7 (5), new definition of mineral
insert
mineral includes petroleum.

Explanatory note

This amendment relocates the definition to the relevant provision in accordance with current drafting practice.

[3.123]Section 8
substitute

Derived rights and agency
For this Act—
(a)a person claims through someone else in relation to any property or right if the person is entitled to the property or a right by, through, under or by the act of the other person, but a person entitled to property or a right because of an appointment under a special power of appointment does not, because of the appointment, claim the property or right through the appointor; and
(b)a thing done to or by or suffered by an agent is done to or by or suffered by the agent’s principal.

8AApplication of provisions relating to accrual date
The provisions of this Act that relate to the date of accrual of a cause of action have effect for this Act but not for any other purpose.

Explanatory note

This amendment omits the interpretation section. The definitions in section 8 (1) (with 1 exception), and a new definition of person under a disability based on section 8 (3), are included in the new dictionary which is inserted by another amendment. The exception is the definition of mineral, which is included in section 7 by another amendment.

Section 8 (2) and (4) are remade in accordance with current drafting practice as new sections 8 and 8A.

[3.124]Section 19 (1)
substitute
(1)An action on a cause of action to enforce a claim or lien against a vessel (the former vessel) or its owners in relation to any damage or loss to another vessel, its cargo or freight, or any property on board the other vessel, or damage for loss of life or personal injuries suffered by anyone on board the other vessel, caused by the fault of the former vessel, whether the former vessel, is completely or partly at fault, is not maintainable if brought after the end of a limitation period of 2 years running from the date when the damage, loss or injury is caused.

Explanatory note

This amendment updates language.

[3.125]Section 19 (4)
substitute
(4)In this section:
freight includes passage money and hire.
vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or similar vessel.
(5)In this section, a reference to damage or loss caused by the fault of a vessel includes salvage or other expenses, consequent on that fault, recoverable at law by way of damages.

Explanatory note

This amendment brings the language and structure of existing subsection (4) more closely into line with current drafting practice.

[3.126]Section 21 (3)
omit
(including a law repealed or omitted by this Act)

Explanatory note

This amendment removes redundant words.

[3.127]Section 21A (4), definition of revenue amount
omit everything after paragraph (b), substitute
if the amount would have been legally owing if the provision under which it was paid had been valid.

Explanatory note

This amendment updates language.

[3.128]Section 36 (3)
omit
(without derogating from the generality of the foregoing)
substitute
, for example,

Explanatory note

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

[3.129]Section 36 (3) (f)
substitute
(f)the steps (if any) taken by the plaintiff to obtain medical, legal or other expert advice and the nature of the advice the plaintiff may have received.
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 language and inserts a standard example note.

[3.130]Section 38 (2)
omit
(without derogating from the generality of the foregoing)
substitute
, for example,

Explanatory note

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

[3.131]Section 38 (2), new note
after paragraph (g), insert
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 inserts a standard example note.

[3.132]Section 39 (3)
omit
(without derogating from the generality of the foregoing)
substitute
, for example,

Explanatory note

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

[3.133]Section 39 (3) (g)
substitute
(g)the steps (if any) taken by the person to obtain, for the cause of action, medical, legal or other expert advice, and the nature of the advice.
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 language and inserts a standard example note.

[3.134]Section 39 (5)
omit
(without derogating from the generality of the foregoing)
substitute
, for example,

Explanatory note

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

[3.135]Section 40 (2)
omit
(without derogating from the generality of the foregoing)
substitute
, for example,

Explanatory note

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

[3.136]Section 40 (2), new note
after paragraph (e), insert
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 inserts a standard example note.

[3.137]Section 49 (2) (a) to (c)
substitute
(a)gives it to the party to whom it is to be given; or
(b)leaves it at the usual or last known business or residential address of the party to whom it is to be given; or
(c)posts it to the person to whom it is to be given at the person’s usual or last-known business or residential address; or

Explanatory note

This amendment updates language.

[3.138]Section 54 (2), definition of revenue amount
omit everything after paragraph (b), substitute
if the amount would have been legally owing if the provision under which it was paid had been valid.

Explanatory note

This amendment updates language.

[3.139]Section 58 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.140]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
·     instrument (see s 14)
·     interest
·     under.

action includes any proceeding in a court.
administrator—see the Administration and Probate Act 1929, section 5.
cause of action means the fact or combination of facts that gives rise to a right to bring a civil proceeding.
deed includes—
(a)an instrument having the effect of a deed under a law in force in the ACT; or
(b)for an instrument executed under the law of any of the following jurisdictions—an instrument having the effect of a deed under the law under which it is executed:
(i)the Commonwealth;
(ii)a State;
(iii)another Territory;
(iv)the United Kingdom;
(v)New Zealand;

defendant means a person against whom a cause of action lies, whether or not a proceeding has been started for the cause of action.
government—see the Legislation Act 2001, section 121 (Binding effect of Acts).
income includes interest on a judgment and other interest, rent, annuities and dividends, but does not include arrears of interest secured by a mortgage and lawfully treated as principal.
judgment includes a judgment of a court of the ACT and of any other place.
land—see the Land Titles Act 1925, section 6 (1).
mortgage includes—
(a)a charge or lien on any property for securing money or money’s worth, other than a possessory lien on goods or any binding effect on property arising under an enforcement order of a court; and
(b)for land registered under the Land Titles Act 1925—a charge within the meaning of that Act.
mortgagee includes a person claiming a mortgage through an original mortgagee.
mortgagor includes a person claiming property subject to a mortgage through an original mortgagor.
personal injury includes any disease and any impairment of the physical or mental condition of a person.
personal representative—see the Civil Law (Wrongs) Act 2002, dictionary.
plaintiff means a person who has a cause of action, whether or not a proceeding has been started for the cause of action.
principal money, for a mortgage, means all money secured by the mortgage, including arrears of interest lawfully treated as principal, but does not include other interest.
successor, for a person liable on a cause of action, means someone on whom the person’s liability devolves, whether or not—
(a)as personal representative or otherwise on death; or
(b)bankruptcy, disposition of property, or ending of a limited interest in property.
trust—
(a)includes—
(i)an express, implied and constructive trust, whether or not the trustee has a beneficial interest in the trust property, and whether or not the trust arises only because of a transaction impeached; and
(ii)the duties incident to the office of personal representative; but

(b)does not include the duties incident to the estate or interests of a mortgagee in mortgaged property.
under a disability—a person is under a disability—
(a)while the person is under 18 years old; or
(b)while the person is, for a continuous period of 28 days or longer, incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in relation to the limitation period for which the question of disability arises because of—
(i)intellectual retardation or disability, mental illness or disorder, brain damage, senility or physical disability; or
(ii)war or warlike operations; or
(iii)circumstances arising out of war or warlike operations.

Explanatory note

This amendment inserts a new dictionary consequent on the omission of the interpretation provision (existing section 8 (1)) by another amendment. The language and structure of the definitions is updated to bring them into line with current drafting practice.

The significant changes are:

a new definition of under a disability for a person (based on section 8 (3)) is included;
the definition of mineral is not included in the dictionary because it is inserted in the provision where it is used (section 7) by another amendment;
the definition of trustee is omitted because of the Legislation Act, section 157 which provides that, for a defined term, other parts of speech and grammatical forms have a corresponding meaning.

Part 3.16Notaries Public Act 1984
[3.141]Section 10 (1)
omit
Supreme Court, in accordance with the form in schedule 2.
substitute
Supreme Court.
Note 1If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
Note 2A fee for the application may be determined under the Court Procedures Act 2004, section 13.

Explanatory note

This amendment is consequential on the Court Procedures Act 2004 and brings the provision into line with current drafting practice.

[3.142]Schedule 1 heading
substitute

Schedule 1Oath or affirmation of office

(see s 9)

Explanatory note

This amendment substitutes a descriptive schedule heading in accordance with current drafting practice.

[3.143]Schedule 1
omit
I shall know
substitute
I know

Explanatory note

This amendment updates language.

[3.144]Schedule 2
omit

Explanatory note

This amendment is consequential on the amendment of section 10 (1) by another amendment.

Part 3.17Payroll Tax Act 1987
[3.145]Section 2D (2) (c)
omit
deemed
substitute
taken

Explanatory note

This amendment updates language.

[3.146]Section 3 heading
substitute

Meaning of benefit and value of benefits

Explanatory note

This amendment bring the heading into line with current drafting practice.

[3.147]Section 3 (2)
omit
For this Act, the value of any benefits
substitute
For this Act, the value of any benefits

Explanatory note

This amendment brings the reference to ‘value’ into line with current drafting practice.

[3.148]Dictionary, new definition of value
insert
value, of benefits—see section 3.

Explanatory note

This amendment inserts a signpost definition of value of benefits into the dictionary.

[3.149]Further amendments, references to shall be deemed
omit
shall be deemed
substitute
are taken
in
· section 2D (2) and (3)
· section 5 (1) (b) and (c)

Explanatory note

This amendment updates language.

Part 3.18Pest Plants and Animals Act 2005
[3.150]Schedule 1, amendment 1.1
omit
Section 254 (3) (c)
substitute
Section 254 (3) (d)

(commencement: 12 November 2005)

Explanatory note

Amendment 1.1 amends the Land (Planning and Environment) Act 1991, section 254 which relates to applications for orders for enforcement purposes. Until it was amended by the Pest Plants and Animals Act 2005, the Land (Planning and Environment) Act dealt with the control of pest plants and animals and an order could be made under it in relation to their control. The Pest Plants and Animals Act commenced on 12 November 2005.

The Heritage Act 2004 amended the Land (Planning and Environment) Act, section 254 (3) by inserting a new paragraph (ba) which, under another amendment, was renumbered as paragraph (c). The amendments related to a place or object that was registered, or nominated for provisional registration, under the Heritage Act. The effect of the renumbering was to renumber then paragraph (c), which dealt with orders sought for the control of pest plants and animals, as paragraph (d).

The Pest Plants and Animals Act 2005, schedule 1 consequentially amended the Land (Planning and Environment) Act to remove pest plants and animals from the orders regime. However, the relevant amendment omitted section 254 (3) (c) (about heritage matters) rather than paragraph (d) (about pest plants and animals). Accordingly, by editorial amendment under the Legislation Act, section 114, the reference to section 254 (3) (c) was changed to a reference to section 254 (3) (d). This ensured that the correct paragraph was omitted.

This amendment confirms the editorial amendment.

[3.151]Schedule 1, amendment 1.4
omit
Section 255 (2) (c)
substitute
Section 255 (2) (d)

(commencement: 12 November 2005)

Explanatory note

Amendment 1.4 amends the Land (Planning and Environment) Act 1991, section 255 which states the entities to whom notice of a proposal to make an order on the planning and land authority’s initiative must be given. Until it was amended by the Pest Plants and Animals Act 2005, the Land (Planning and Environment) Act dealt with the control of pest plants and animals and an order could be made under it in relation to their control. The Pest Plants and Animals Act commenced on 12 November 2005.

The Heritage Act 2004 amended the Land (Planning and Environment) Act, section 255 (2) by inserting a new paragraph (ba) which, under another amendment, was renumbered as paragraph (c). The amendments related to the giving of notice to the heritage council of a proposed order relating to a place or object registered, or nominated for provisional registration, under the Heritage Act. The effect of the renumbering was to renumber then paragraph (c), which dealt with the giving of notice of orders for the control of pest plants and animals, as paragraph (d).

The Pest Plants and Animals Act 2005, schedule 1 consequentially amended the Land (Planning and Environment) Act to remove pest plants and animals from the orders regime. However, the relevant amendment omitted section 255 (2) (c) (about heritage matters) rather than paragraph (d) (about pest plants and animals). Accordingly, by editorial amendment under the Legislation Act, section 114, the reference to section 255 (2) (c) was changed to a reference to section 255 (2) (d). This ensured that the correct paragraph was omitted.

This amendment confirms the editorial amendment.

[3.152]Further amendments, references to in writing
omit
, in writing,
in
·     section 7 (1)
·     section 16 (1)
·     section 51 (1)
·     section 52 (1)

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

Part 3.19Racing Act 1999
[3.153]Section 18 heading
substitute

Racing club—reports and accounts

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.154]Section 20 heading
substitute

Racing club—appointment of administrator

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.155]Section 20 (1), new note
insert
NoteFor the making of appointments, see the Legislation Act, pt 19.3.

Explanatory note

This amendment inserts a standard note about the making of appointments.

[3.156]New section 20 (3)
insert
(3)To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

Explanatory note

This amendment clarifies the operation of the section for the user of the legislation.

[3.157]Section 24 heading
substitute

Harness club—reports and accounts

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.158]Section 26 heading
substitute

Harness club—appointment of administrator

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.159]Section 26 (1), new note
insert
NoteFor the making of appointments, see the Legislation Act, pt 19.3.

Explanatory note

This amendment inserts a standard note about the making of appointments.

[3.160]New section 26 (3)
insert
(3)To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

Explanatory note

This amendment clarifies the operation of the section for the user of the legislation.

[3.161]Section 30 heading
substitute

Greyhound club—reports and accounts

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.162]Section 32 heading
substitute

Greyhound club—appointment of administrator

Explanatory note

This amendment gives the section a unique heading within the Act.

[3.163]Section 32 (1), new note
insert
NoteFor the making of appointments, see the Legislation Act, pt 19.3.

Explanatory note

This amendment inserts a standard note about the making of appointments.

[3.164]New section 32 (3)
insert
(3)To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

Explanatory note

This amendment clarifies the operation of the section for the user of the legislation.

[3.165]Section 46
substitute

Registrar of tribunal
(1)The chief executive must appoint a public servant as the registrar of the tribunal.
Note 1For the making of appointments (including acting appointments), see the 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).
(2)Until the chief executive makes an appointment under subsection (1), the registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the registrar.
(3)Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(4)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 an office of registrar in the public service. 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. Proposed section 46 (3) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 46 (2) to (4). The amendment also inserts standard notes about appointments.

[3.166]New section 46A
in division 5.1, insert

46AProtection from liability for tribunal members
(1)A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
(2)Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory.

Explanatory note

This amendment remakes existing section 62 (Immunity from liability) to bring it into line with current drafting practice and relocates it from part 6 (Miscellaneous) of the Act to the part dealing with the racing appeals tribunal. Existing section 62 is omitted by another amendment.

[3.167]Section 61
omit
persons and bodies
substitute
entities

Explanatory note

This amendment updates language.

[3.168]Section 62
substitute

Delegation by Minister
The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under the following sections:
·     section 20 (Racing club—appointment of administrator)
·     section 26 (Harness club—appointment of administrator)
·     section 32 (Greyhound club—appointment of administrator).

Explanatory note

This amendment remakes existing section 67 (which is omitted by another amendment) in accordance with current drafting practice and relocates the provision in a more appropriate place in the Act. The amendment omits the actual delegation power in the existing section because it is now covered by the Legislation Act, section 254A. The references to section 5 (3) (Licensed racecourses) and section 35 (Variation of conditions or approved rules) in existing section 67 are not included in the functions that cannot be delegated because the relevant functions were transferred from the Minister to the gambling and racing commission by the Gambling and Racing Control (Consequential Provisions) Act 1999.

[3.169]Section 63
substitute

Decisions reviewable by AAT
(1)Application may be made to the administrative appeals tribunal for review of a decision of the commission mentioned in table 63.
(2)The commission must give a written notice of a decision mentioned in table 63 to each person affected by the decision.
(3)The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
Table 63Table of reviewable decisions

column 1

item

column 2

provision

column 3

decision

1 section 6 (1) refusing to approve a race meeting for the purpose of betting

2 section 7 (2) a requirement about the time and form of the publication of schedules

3 section 9 refusing to approve the conduct of a phantom race meeting

4 section 12 refusing to approve rules other than the approved rules

column 1 item	column 2 provision	column 3 decision
1	section 6 (1)	refusing to approve a race meeting for the purpose of betting
2	section 7 (2)	a requirement about the time and form of the publication of schedules
3	section 9	refusing to approve the conduct of a phantom race meeting
4	section 12	refusing to approve rules other than the approved rules

Explanatory note

This amendment brings the provision into line with current drafting practice and changes the reference to the Minister to the commission because the relevant functions were transferred from the Minister to the gambling and racing commission by the Gambling and Racing Control (Consequential Provisions) Act 1999. It also includes the standard provision (see s (3)) about how notice of a reviewable decision must be given.

[3.170]Section 67
omit

Explanatory note

This amendment is consequential on the insertion of a new section 62 by another amendment.

[3.171]Schedule 1, section 1.2
omit

Explanatory note

This amendment omits a provision about acting appointments. The Legislation Act, section 209 deals with acting appointments. Section 1.1 (1) already includes a standard note referring to the Legislation Act, section 209.

[3.172]Schedule 1, section 1.4 (1) (b)
substitute
(b)becomes bankrupt or executes a personal insolvency agreement; or

Explanatory note

[3.173]Dictionary, note 2, new dot points
insert
· entity
· sitting day

Explanatory note

This amendment inserts new terms to assist users. Dictionary note 2 is an aid to users which lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

[3.174]Further amendments, references to laid before
omit
laid before
substitute
presented to
in
·     section 20 (2) (b)
·     section 26 (2) (b)
·     section 32 (2) (b)

Explanatory note

This amendment updates language.

[3.175]Further amendments, references to persons
omit
persons
substitute
people
in
·     section 16 (1) (e)
·     section 22 (1) (e)
·     section 28 (1) (e)
·     schedule 2, section 2.1

Explanatory note

This amendment updates language.

Part 3.20Royal Commissions Act 1991
[3.176]Section 1
substitute

Name of Act
This Act is the Royal Commissions Act 1991.

Explanatory note

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

[3.177]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.
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)).

Explanatory note

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.

[3.178]Sections 4 and 4A
renumber as sections 3 and 4

Explanatory note

This amendment renumbers sections.

[3.179]Section 5
substitute

Appointment of royal commission
(1)The Executive may appoint 1 or more people as a royal commission to inquire into a matter stated in the instrument of appointment.
NoteFor the making of appointments, see the Legislation Act, pt 19.3.
(2)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

Explanatory note

The amendment also inserts a note about appointments.

[3.180]Section 6 (1) (b)
substitute
(b) is a lawyer and has been a lawyer for at least 5 years.

Explanatory note

This amendment updates language.

[3.181]Section 6 (5)
omit

Explanatory note

[3.182]Section 9, new note
insert
NoteA commissioner’s appointment also ends if the person resigns (see Legislation Act, s 210).

Explanatory note

This amendment inserts a standard note about an appointment ending if a person resigns consequent on the next amendment.

[3.183]Section 10
omit

Explanatory note

Section 10 is no longer necessary because of the Legislation Act, section 210 which deals with resignation. A standard note about resignation is inserted in section 9 by another amendment.

[3.184]Section 14
substitute

Conduct of inquiry
Except as otherwise provided by this Act, an inquiry may be conducted in the way the commission decides.

Explanatory note

This amendment updates language.

[3.185]Section 16A (3)
omit
calendar month
substitute
month

Explanatory note

This amendment omits unnecessary words. The Legislation Act, dictionary, part 1, defines month as meaning calendar month.

[3.186]Section 19 (1)
omit
performance or exercise of any function or power
substitute
exercise of any function

Explanatory note

[3.187]Section 20 (2)
omit
performance or exercise of a function or power
substitute
exercise of a function

Explanatory note

[3.188]Section 20 (2) (c)
omit
furnished
substitute
provided

Explanatory note

This amendment updates language.

[3.189]Section 21
omit
furnish
substitute
give

Explanatory note

This amendment updates language.

[3.190]Section 22 (1) (b)
omit
performance
substitute
exercise

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.191]Division 4.3 heading, new note
insert
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 is consequent on the omission of section 27 by another amendment.

[3.192]Section 27
omit

Explanatory note

This amendment omits section 27 which states that a commission has power to do all things necessary or incidental to the performance of its functions. This is unnecessary because the Legislation Act, section 196 states that a provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function.

[3.193]Section 30
substitute

Conduct of hearing
Except as otherwise provided by this Act, the procedure at a hearing may be decided by the commission.

Explanatory note

This amendment updates language.

[3.194]Section 47
omit
in good faith in performance or exercise or purported performance or exercise of any function, power or authority conferred on
substitute
honestly in the exercise or purported exercise of any function given to

Explanatory note

[3.195]Section 49 (1)
omit
a proceeding of public concern for the Civil Law (Wrongs) Act 2002, section 128
substitute
proceedings of public concern for the Civil Law (Wrongs) Act 2002, section 139 (Defences of fair report of proceedings of public concern)

Explanatory note

This amendment updates a cross-reference and terminology consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

[3.196]Section 49 (3)
omit
Civil Law (Wrongs) Act 2002, section 129
substitute
Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents)

Explanatory note

This amendment updates a cross-reference consequent on the enactment of the Civil Law (Wrongs) Amendment Act 2006.

[3.197]Section 51 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.198]Section 51 (2), new note
insert
NoteFor other provisions about forms, see the Legislation Act, s 255.

Explanatory note

This amendment inserts a standard note to bring the provision into line with current drafting practice.

[3.199]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:
·     Executive
·     exercise
·     function
·     month
·     under.

authorised person means a person declared in writing by the chairperson to be an authorised person for this Act.
chairperson means—
(a)the chairperson of a commission appointed under section 6 (2) or (4); or
(b)for a commission constituted by 1 person—that person.
commission means—
(a)a royal commission appointed under section 5; and
(b)for an inquiry—the royal commission appointed to conduct that inquiry.
commissioner means—
(a)for a commission constituted by 1 person—that person; or
(b)for a commission constituted by 2 or more people—each of those people.
judge means—
(a)a justice of the High Court; or
(b)a judge of the Federal Court or Family Court; or
(c)a judge of the Supreme Court; or
(d)a judge of the Supreme Court of a State or the Northern Territory.
premises includes—
(a)a building or other structure; and
(b)an aircraft, vehicle or vessel; and
(c)a place, whether enclosed or built on, or not.

Explanatory note

[3.200]Further amendments, references to legal practitioner
omit
legal practitioner
substitute
lawyer
in
· sections 18 to 20
· sections 31 to 33

Explanatory note

This amendment updates language.

[3.201]Further amendments, references to persons
omit
persons
substitute
people
in
·     section 6 (2) to (4)
·     section 17
·     section 28 (3) and (4)
·     section 32, heading

Explanatory note

This amendment updates language.

Part 3.21Taxation Administration Act 1999
[3.202]Section 4
omit everything before paragraph (a), substitute

Meaning of tax law
For this Act, each of the following is a tax law:

Explanatory note

This amendment changes the defined term from ‘tax laws’ to ‘tax law’ so that it is consistent with both current drafting practice and the definition of the term in the Act’s dictionary.

[3.203]Dictionary, definition of lodge
omit

Explanatory note

This amendment omits an inappropriate signpost definition. The omitted definition is ‘lodge—see section 127’. Section 127 provides how a document may be served on, given to or lodged with the commissioner for a tax law. It is not appropriately structured for a definition. Also, the existing definition deals with only 1 of the concepts in section 127.

[3.204]Further amendments, references to in writing
omit
, in writing,
in
·     section 42 (1)
·     section 139 (1)
·     section 139A (1)
·     section 139C (1)

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

Part 3.22Territory-owned Corporations Act 1990
[3.205]Section 17A (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.206]Section 20 (1) (a) and (b)
substitute
(a)the commercial objectives of the corporation or group;
(b)a description of the main undertakings of the corporation or group;

Explanatory note

Section 20 (1) requires that a statement of corporate intent must contain certain stated information in relation to a territory‑owned corporation or a group of companies comprising a territory-owned corporation and any subsidiaries. Existing section 20 (1) (a) and (b) refer certain matters in relation to ‘the group’. This amendment revises these paragraphs to make them consistent with the scope of subsection (1) so that they refer to the stated matters in relation to ‘the corporation or group’.

Part 3.23Tree Protection Act 2005
[3.207]Schedule 1, amendment 1.17
substitute

[1.17]Section 254 (3) (d)
substitute
(d)if the order relates to the pruning of a tree that is a protected tree under the Tree Protection Act 2005—the conservator; and
NoteFor restrictions on pruning etc a protected tree, see the Tree Protection Act 2005.

(commencement: 29 March 2006)

Explanatory note

Amendment 1.17 amends the Land (Planning and Environment) Act 1991, section 254 which relates to applications for orders for enforcement purposes. Until it was amended by the Tree Protection Act 2005, the Land (Planning and Environment) Act dealt with the pruning of a significant tree under the Tree Protection (Interim Scheme) Act 2001 (the interim scheme) and an order could be made under it to control the activity.

The Tree Protection Act 2005, schedule 1 consequentially amended the Land (Planning and Environment) Act to remove the interim scheme from the orders regime and replaced it with the scheme under the Tree Protection Act. However, the relevant amendment omitted section 254 (3) (e) (about parking heavy vehicle matters) rather than paragraph (d) (about protected trees). Accordingly, by editorial amendment under the Legislation Act, section 114, the reference to section 254 (3) (e) was changed to a reference to section 254 (3) (d). This ensured that the correct paragraph was omitted.

This amendment confirms the editorial amendment.

[3.208]Schedule 1, amendment 1.18
substitute

[1.18]Section 255 (2) (d)
substitute
(d)if the order relates to the pruning of a tree that is a protected tree under the Tree Protection Act 2005—the conservator; and
NoteFor restrictions on pruning etc a protected tree, see the Tree Protection Act 2005.

(commencement: 29 March 2006)

Explanatory note

Amendment 1.18 amends the Land (Planning and Environment) Act 1991, section 255 which relates to proposed orders on the planning and land authority’s own initiative.

The reason for this amendment is the same as that in the previous amendment, that is, to confirm the editorial amendments mentioned in explanatory note to amendment 3.203.

[3.209]Schedule 1, amendment 1.20
substitute

[1.20]Section 257A (e)
substitute
(e)if the order relates to the pruning of a tree that is a protected tree under the Tree Protection Act 2005—the conservator; and
NoteFor restrictions on pruning etc a protected tree, see the Tree Protection Act 2005.

(commencement: 29 March 2006)

Explanatory note

Amendment 1.20 amends the Land (Planning and Environment) Act 1991, section 257A which relates to proposed orders on the planning and land authority’s own initiative.

The reason for this amendment is the same as that in the previous amendment, that is, to confirm the editorial amendments mentioned in explanatory note to amendment 3.203.

Part 3.24Unit Titles Act 2001
[3.210]Section 20 (4)
omit
heritage places register under the Land Act
substitute
heritage register

Explanatory note

This amendment updates a reference to the heritage places register. The register is now called the heritage register (see Heritage Act 2004, s 20).

[3.211]Sections 20 (5) (a), 179 (1) and 180 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

[3.212]Schedule 1, item 1, column 3
omit
heritage places register
substitute
heritage register

Explanatory note

This amendment updates a reference to the heritage places register. The register is now called the heritage register (see Heritage Act 2004, s 20).

[3.213]Dictionary, note 2, new dot point
insert
· heritage register

Explanatory note

This amendment inserts a new term to assist users. Dictionary note 2 is an aid to users that lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

Part 3.25Water and Sewerage Act 2000
[3.214]Section 8 (1) (b)
omit

Explanatory note

This amendment omits a provision which is duplicated by section 8 (2) (b).

[3.215]Section 23 (2)
omit
perform
substitute
exercise

Explanatory note

This amendment brings the section more closely into line with current drafting practice. The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function.

[3.216]Sections 45 (1) and 48 (1)
omit
, in writing,

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

[3.217]Dictionary, note 2, new dot point
insert
· exercise

Explanatory note

This amendment insert a new term to assist users. Dictionary note 2 is an aid to users that lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.

Part 3.26Witness Protection Act 1996
[3.218]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 ‘register—see the Births, Deaths and Marriages Registration Act 1997, dictionary.’ means that the term ‘register’ is defined in that dictionary 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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds standard dictionary and notes provisions. The definitions in existing section 3 that are still needed are included in the new dictionary which is inserted by another amendment.

[3.219]Section 3C
substitute

3CDeclaration of authority—dict, def witness
(1)The Minister may declare an authority to be an authority for the dictionary, definition of witness, paragraph (a) (ii).
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

Explanatory note

This amendment is consequent on the insertion of a new dictionary by another amendment. It also omits ‘in writing’ from subsection (1) because these words are now redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.

[3.220]Section 27
omit
action, suit or

Explanatory note

This amendment omits unnecessary words.

[3.221]Section 27
omit
in good faith
substitute
honestly

Explanatory note

This amendment updates language.

[3.222]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:
·     chief police officer
·     Commonwealth
·     Minister (see s 162)
·     ombudsman
·     proceeding
·     registrar-general.

approved authority means—
(a)the commissioner of police; or
(b)a commissioner (however designated) of the police force or service of a State or another Territory; or
(c)the chief executive officer of the Australian Crime Commission; or
(d)an authority or body of the Commonwealth, a State or another Territory that—
(i)is authorised to conduct inquiries or investigations in relation to conduct that is, or is alleged to be, criminal conduct, misconduct or corruption; and
(ii)is declared under section 3A (Declaration of approved authority) to be an approved authority for this Act.

Commonwealth Act means the Witness Protection Act 1994 (Cwlth).
complementary witness protection law means a law of the Commonwealth, a State or another Territory that—
(a)makes provision for the protection of witnesses; and
(b)is declared under section 3B (Declaration of complementary witness protection law) to be a complementary witness protection law.
designated position means a position of a police officer that has been declared in writing by the chief police officer to be a designated position for this Act.
participant means a witness who is included in a witness protection program.
register—see the Births, Deaths and Marriages Registration Act 1997, dictionary.
witness means—
(a)a person who has given, or agreed to give, evidence on behalf of the prosecution in—
(i)a proceeding for an offence; or
(ii)hearings or proceedings before an authority to which this paragraph applies because of a declaration under section 3C; or

(b)a person who has given, or agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence against a law of the Territory, the Commonwealth, a State or another Territory; or
(c)a person who has made a statement to the chief police officer, another police officer or an approved authority in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; or
(d)a person who, for any other reason, may require protection or other assistance under this Act; or
(e)a person who, because of his or her relationship to, or association with, a person mentioned in paragraph (a) to (d) may require protection or other assistance under the witness protection program.
witness protection order means an order of the Supreme Court under part 3 (Protecting witnesses from identification).
witness protection program means the national witness protection program established under the Commonwealth Act.

Explanatory note

This amendment inserts a dictionary consequential on the omission of the definitions section (existing section 3) by another amendment. The language of the definitions is updated to bring them into line with current drafting practice. The definition of court is omitted consequent on another amendment.

[3.223]Further amendments, references to in writing
omit
, in writing,
in
·     section 3A (1)
·     section 3B (1)
·     section 26 (1)
·     section 29 (1)

Explanatory note

This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2) which requires disallowable and notifiable instruments to be in writing.

[3.224]Further amendments, references to the court
omit
the court
substitute
the Supreme Court
in
·     section 7
·     section 8
·     section 11 (2)
·     section 13 (1) (c)
·     section 15 (2)
·     section 22 (2) (c)
·     section 23 (2)

Explanatory note

This amendment is consequential on the omission of the definition of court by another amendment.

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 4 May 2006.
Notification
Notified under the Legislation Act on 26 October 2006.
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 2006, which was passed by the Legislative Assembly on 17 October 2006.
Clerk of the Legislative Assembly
© Australian Capital Territory 2006