Statute Law Amendment Act 2007 (ACT)

Statute Law Amendment Act 2007

A2007-3

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Purpose  2

4. Notes  2

5. Legislation amended—schs 1–3  3

Schedule 1Minor amendments  4

Part 1.1Public Sector Management Act 1994  4

Schedule 2Structural amendments  11

Part 2.1Legislation Act 2001  11

Schedule 3Technical amendments  13

Part 3.1ACTEW/AGL Partnership Facilitation Act 2000              13

Part 3.2Administration and Probate Act 1929  14

Part 3.3Administrative Appeals Tribunal Act 1989  19

Part 3.4Agents Act 2003  23

Part 3.5Anglican Church of Australia Constitution Act 1961       24

Part 3.6Anglican Church of Australia Trust Property Act 1917     25

Part 3.7Annual Leave Act 1973  25

Part 3.8Associations Incorporation Act 1991  30

Part 3.9Australian-American Education Foundation Act 1966      34

Part 3.10Betting (ACTTAB Limited) Act 1964  35

Part 3.11Blood Donation (Transmittable Diseases) Act 1985        37

Part 3.12Boilers and Pressure Vessels Regulation 1954              40

Part 3.13Boxing Control Act 1993  41

Part 3.14Business Names Regulation 1966  44

Part 3.15Canberra Institute of Technology Act 1987                   46

Part 3.16City of Canberra Arms Act 1932  47

Part 3.17Classification (Publications, Films and Computer Games) (Enforcement) Act 1995  50

Part 3.18Clinical Waste Act 1990  52

Part 3.19Commercial Arbitration Act 1986  57

Part 3.20Commissioner for the Environment Act 1993                62

Part 3.21Common Boundaries Act 1981  68

Part 3.22Competition Policy Reform Act 1996  71

Part 3.23Consumer Credit (Administration) Act 1996                  72

Part 3.24Court Procedures Rules 2006  80

Part 3.25Crimes (Forensic Procedures) Regulation 2000             81

Part 3.26Crimes (Restorative Justice) Act 2004  83

Part 3.27Cultural Facilities Corporation Act 1997  83

Part 3.28Director of Public Prosecutions Act 1990  84

Part 3.29Disability Services Act 1991  89

Part 3.30Domestic Relationships Act 1994  91

Part 3.31Door-to-Door Trading Act 1991  96

Part 3.32Drugs in Sport Act 1999  101

Part 3.33Duties Act 1999  102

Part 3.34Electoral Regulation 1993  102

Part 3.35Emergencies Regulation 2004  104

Part 3.36Enclosed Lands Protection Act 1943  105

Part 3.37Environment Protection Act 1997  106

Part 3.38Environment Protection Regulation 2005  118

Part 3.39Epidemiological Studies (Confidentiality) Act 1992       118

Part 3.40Epidemiological Studies (Confidentiality) Regulation 1992 121

Part 3.41Fair Trading (Consumer Affairs) Act 1973                   121

Part 3.42Fair Trading (Fuel Prices) Act 1993  130

Part 3.43Family Provision Act 1969  132

Part 3.44Fertilisers Act 1904  136

Part 3.45Financial Management Act 1996  137

Part 3.46Fisheries Act 2000  138

Part 3.47Forfeiture Act 1991  138

Part 3.48Freedom of Information Act 1989  140

Part 3.49Freedom of Information Regulation 1991  152

Part 3.50Fuels Control Act 1979  153

Part 3.51Gambling and Racing Control Act 1999  157

Part 3.52Government Solicitor Act 1989  157

Part 3.53Guardianship and Management of Property Act 1991    159

Part 3.54Lands Acquisition Act 1994  159

Part 3.55Land Titles Act 1925  163

Part 3.56Law Officer Act 1992  172

Part 3.57Lay-by Sales Agreements Act 1963  174

Part 3.58Legal Aid Act 1977  176

Part 3.59Legislative Assembly (Broadcasting) Act 2001            182

Part 3.60Limitation Act 1985  182

Part 3.61Liquor Act 1975  183

Part 3.62Listening Devices Act 1992  187

Part 3.63Long Service Leave Act 1976  189

Part 3.64Machinery Act 1949  191

Part 3.65Machinery Regulation 1950  194

Part 3.66Magistrates Court (Environment Protection Infringement Notices) Regulation 2005  198

Part 3.67Married Persons Property Act 1986  199

Part 3.68Mutual Recognition (Australian Capital Territory) Act 1992 200

Part 3.69National Environment Protection Council Act 1994       202

Part 3.70Nature Conservation Act 1980  203

Part 3.71NRMA-ACT Road Safety Trust Act 1992  206

Part 3.72Ombudsman Act 1989  207

Part 3.73Ombudsman Regulation 1989  218

Part 3.74Parental Leave (Private Sector Employees) Act 1992     219

Part 3.75Perpetuities and Accumulations Act 1985                   221

Part 3.76Planning and Land Act 2002  223

Part 3.77Powers of Attorney Act 2006  223

Part 3.78Public Baths and Public Bathing Act 1956                  224

Part 3.79Public Place Names Act 1989  229

Part 3.80Public Roads Act 1902  230

Part 3.81Public Sector Management Act 1994  232

Part 3.82Public Trustee Act 1985  242

Part 3.83Rates Act 2004  242

Part 3.84Referendum (Machinery Provisions) Act 1994              243

Part 3.85Registrar-General Act 1993  245

Part 3.86Registration of Deeds Act 1957  250

Part 3.87Roads and Public Places Act 1937  252

Part 3.88Road Transport (Safety and Traffic Management) Act 1999 253

Part 3.89Sale of Goods (Vienna Convention) Act 1987               254

Part 3.90Sale of Motor Vehicles Act 1977  255

Part 3.91Scaffolding and Lifts Act 1912  256

Part 3.92Scaffolding and Lifts Regulation 1950  258

Part 3.93Second-hand Dealers Act 1906  261

Part 3.94Security Industry Act 2003  262

Part 3.95Superannuation (Legislative Assembly Members) Act 1991 262

Part 3.96Territory Records Act 2002  265

Part 3.97Tertiary Accreditation and Registration Act 2003          267

Part 3.98Testamentary Guardianship Act 1984  268

Part 3.99Tobacco Act 1927  272

Part 3.100Trade Measurement Act 1991  277

Part 3.101Trade Measurement (Administration) Act 1991             277

Part 3.102Trade Measurement (Measuring Instruments) Regulation 1991 280

Part 3.103Trade Measurement (Prepacked Articles) Regulation 1991 282

Part 3.104Trade Measurement (Weighbridges) Regulation 1991    285

Part 3.105Transplantation and Anatomy Act 1978  287

Part 3.106Trans-Tasman Mutual Recognition Act 1997               290

Part 3.107Trespass on Territory Land Act 1932  291

Part 3.108Truck Act 1900  294

Part 3.109Trustee Act 1925  296

Part 3.110Uncollected Goods Act 1996  297

Part 3.111Wills Act 1968  301

Part 3.112Workers Compensation Amendment Act 2006             308

Statute Law Amendment Act 2007

A2007-3

An Act to amend certain legislation for the purpose of statute law revision

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

1. Name of Act

   This Act is the Statute Law Amendment Act 2007.

2. 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:  1 July 2006)’ means that the amendment is taken to have commenced on 1 July 2006.

   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).

3. Purpose

   The purpose of this Act is to improve the quality of the statute law of the Territory by amending legislation for the purpose of statute law revision.

4. 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.

5. Legislation amended—schs 1–3

   This Act amends the legislation mentioned in schedules 1 to 3.

Schedule 1Minor amendments

(see s 5)

Part 1.1Public Sector Management Act 1994

[1.1]Section 3, definition of industrial award, paragraph (a)

after

an award

insert

or workplace agreement

Explanatory note

This amendment provides that a workplace agreement under the Workplace Relations Act 1996 (Cwlth) is recognised as an industrial award for the purposes of the Act.

[1.2]Section 28A (5) and (6)

substitute

(5)The employment of a chief executive who is employed under a contract under section 28 is not capable of being terminated on the ground of invalidity unless—

(a)if the chief executive is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—

(i)the chief executive has not reached the chief executive’s maximum retiring age within the meaning of the Act; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the chief executive; or

(b)if the chief executive is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

(i)the chief executive is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the chief executive; or

(c)if the chief executive is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

(i)the chief executive is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the chief executive.

(6)In this section:

invalidity means—

(a)for an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—invalidity under the Act; or

(b)for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under the Act; or

(c)for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under the Act.

Explanatory note

Existing section 28A (5) and (6) limits the circumstances in which a chief executive who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity.  This amendment brings the structure of these provisions into line with current drafting practice and includes provision for a chief executive who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).

[1.3]Section 51 (2) and (3)

substitute

(2)However, the clerk is not capable of being retired from office on the ground of invalidity unless—

(a)if the clerk is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—

(i)the clerk has not reached the clerk’s maximum retiring age within the meaning of the Act; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the clerk; or

(b)if the clerk is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

(i)the clerk is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the clerk; or

(c)if the clerk is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

(i)the clerk is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the clerk.

(3)In this section:

invalidity—see section 28A (6).

Explanatory note

Existing section 51 (2) and (3) limits the circumstances in which a clerk who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity.  This amendment brings the structure of these provisions into line with current drafting practice and includes provision for a clerk who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).

[1.4]Section 73 (5) and (6)

substitute

(5)The employment of an executive who is employed under a contract under section 72 is not capable of being terminated on the ground of invalidity unless—

(a)if the executive is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—

(i)the executive has not reached the executive’s maximum retiring age within the meaning of the Act; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the executive; or

(b)if the executive is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

(i)the executive is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the executive; or

(c)if the executive is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

(i)the executive is under 60 years old; and

(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the executive.

(6)In this section:

invalidity—see section 28A (6).

Explanatory note

Existing section 73 (5) and (6) limits the circumstances in which an executive who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity.  This amendment brings the structure of these provisions into line with current drafting practice and includes provision for an executive who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).

[1.5]Section 145

substitute

1. Limitation on retirement on ground of invalidity

   (1)This section applies despite anything in section 143 or section 144.

   (2)An officer is not capable of being retired from office on the ground of invalidity unless—

   (a)if the officer is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—

   (i)the officer has not reached the officer’s maximum retiring age within the meaning of the Act; and

   (ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the officer; or

   (b)if the officer is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

   (i)the officer is under 60 years old; and

   (ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the officer; or

   (c)if the officer is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

   (i)the officer is under 60 years old; and

   (ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the officer.

   (3)In this section:

   invalidity—see section 28A (6).

Explanatory note

Existing section 145 limits the circumstances in which an officer who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity.  This amendment brings the structure of the provision into line with current drafting practice and includes provision for an officer who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).

Schedule 2Structural amendments

(see s 5)

Part 2.1Legislation Act 2001

[2.1]Section 227 (2) (b)

substitute

(b)a person to, or to act in, a statutory position for not longer than 6 months, unless the appointment is of the person to, or to act in, the position for a 2nd or subsequent consecutive period; or

Explanatory note

Section 227 deals with the application of division 19.3.3.  The division is about consultation with Legislative Assembly committees on appointments made by Ministers to statutory positions.  It also provides that the instrument making, or evidencing, an appointment to which the division applies is a disallowable instrument.

Section 227 (2) provides 3 exceptions to the application of the division.  First, the appointment of a public servant to a statutory position.  Second, short-term acting appointments.  Third, an appointment the only function of which is to advise the Minister.  This amendment is concerned with the 2nd exception. 

Existing section 227 (2) (b) excludes the appointment of a person to act in a statutory position for not longer than 6 months, unless the appointment is of the person to act in the position for a 2nd or subsequent consecutive period.  The provision does not presently deal with substantive appointments.  The amendment extends the exception to short-term, one-off substantive appointments.  The effect of the amendment is to remove the anomalous different treatment of substantive appointments.  This is in keeping with the approach taken elsewhere in part 19.3 of treating substantive and acting appointments in the same way as far as possible.

[2.2]Dictionary, part 1, definition of emergency services authority

omit

Explanatory note

This amendment omits a redundant definition.  The emergency services authority was abolished by the Administrative (Miscellaneous Amendments) Act 2006.

[2.3]Dictionary, part 1, new definition of institute of technology

insert

institute of technology means the Canberra Institute of Technology under the Canberra Institute of Technology Act 1987.

Explanatory note

This amendment inserts a new definition into the dictionary, part 1.

[2.4]Dictionary, part 1, definition of territory instrumentality, note

substitute

NoteTerritory instrumentality is defined in the Public Sector Management Act 1994, dict.

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Public Sector Management Act 1994 by an amendment in schedule 3.

Schedule 3Technical amendments

(see s 5)

Part 3.1ACTEW/AGL Partnership Facilitation Act 2000

[3.1]Dictionary, definition of joint venture entity

substitute

joint venture entity—

(a)for this Act generally, means—

(i)ACTEW; or

(ii)AGL; or

(iii)a company that is—

(A)a participant in a partnership; and

(B)is, under the Corporations Act, a related body corporate to ACTEW or AGL; and

(b)for part 4 (Secondment of ACTEW employees)—see section 22.

Explanatory note

This amendment updates the definition in accordance with current drafting practice by including a signpost definition for part 4.

[3.2]Dictionary, new definitions

insert

maintenance, for a network facility, for part 2 (Rights concerning certain network facilities)—see section 8.

network facility, for part 2 (Rights concerning certain network facilities)—see section 8.

non-ACTEW land, for part 2 (Rights concerning certain network facilities)—see section 8.

non-AGL land, for part 2 (Rights concerning certain network facilities)—see section 8.

utility service, for part 2 (Rights concerning certain network facilities)—see section 8.

Explanatory note

This amendment inserts signpost definitions into the dictionary in accordance with current drafting practice for terms defined for the Act, part 2.

Part 3.2Administration and Probate Act 1929

[3.3]New sections 2 and 3

insert

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

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.

[3.4]Section 5 (1), definition of court

omit

Explanatory note

This amendment omits a definition that is made unnecessary by other amendments.

[3.5]Section 5 (1), definition of deceased person or the deceased

omit

Explanatory note

This amendment omits an unnecessary definition.  The definition provides that ‘deceased person or the deceased means a person dying on or after 1 July 1929’.

[3.6]Section 5 (1), definition of public trustee

omit

Explanatory note

This amendment omits an unnecessary definition. The term ‘public trustee’ is defined in the Legislation Act, dictionary, part 1.

[3.7]Section 5 (1), definition of rules

omit

court

substitute

Supreme Court

Explanatory note

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

[3.8]Section 5 (1), definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.9]Section 5, remainder

omit

Explanatory note

This amendment is consequential on the insertion of a new dictionary by another amendment.  A definition giving effect to section 5 (2) is included in the new dictionary which is inserted by another amendment.

[3.10]Section 55 (1)

omit

In the administration of the estate of every person dying after 21 October 1929,

substitute

In the administration of the estate of a deceased person,

Explanatory note

This amendment omits a redundant transitional provision.

[3.11]Section 55 (2)

omit

In the administration of the estate of any person dying before or after the commencement of this Act,

substitute

In the administration of the estate of a deceased person

Explanatory note

This amendment omits a redundant transitional provision.

[3.12]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 country

·     foreign country

·     land

·     public trustee

·     State

·     Supreme Court.

public trustee, in relation to a foreign country, includes an officer of the country who is entitled under a law of the country to apply, if a deceased person has died intestate leaving no next of kin, to a court for an order that authorises the officer to administer the estate of the deceased person.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  The definition of public trustee follows existing section 5 (2) which is omitted by another amendment but with the term ‘country’ changed to ‘foreign country’ in accordance with current drafting practice. That term is defined in the Legislation Act, dictionary, part 1.

[3.13]Further amendments, references to court

omit

court

substitute

Supreme Court

in

·     section 9B (3) (b)

·     section 21 (1) (b)

Explanatory note

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

[3.14]Further amendments, references to the deceased

omit

the deceased

substitute

the deceased person

in

·     section 13 (a)

·     section 23 (2)

·     section 24

·     section 30

·     section 64 (2) (a) (i)

·     section 68 (b) and (d)

·     section 76 (1) (b)

·     section 88 (1) (a), (b), (c) and (h)

·     section 89 (1) and (2)

·     section 91 (2)

Explanatory note

This amendment brings the language of these provisions more closely into line with current drafting practice and is also consequential on the omission of the definition of deceased person in existing section 5 (1) by another amendment.

Part 3.3Administrative Appeals Tribunal Act 1989

[3.15]New section 1A

insert

1ADictionary

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 ‘registered mediator—see the Mediation Act 1997, dictionary.’ means that the term ‘registered mediator’ 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)).

Explanatory note

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

[3.16]Section 3 (1), definitions

relocate to dictionary

Explanatory note

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

[3.17]Section 3, remainder

substitute

1. Decisions by unincorporated bodies

   If a board, committee or other unincorporated body constituted by 2 or more people is authorised by an enactment to make decisions, this Act applies as if the board, committee or other body were a person authorised to make the decisions.

Explanatory note

This amendment remakes existing section 3 (2) as new section 3.  A definition giving effect to existing section 3 (3) is included in the new dictionary which is inserted by another amendment.  Existing section 3 (4) and (5) is remade by another amendment as new section 60A.

[3.18]Section 32 (4)

omit

in accordance with subsection (2)

substitute

under section 19A (Exercise of powers of tribunal)

Explanatory note

The Administrative Appeals Tribunal (Amendment) Act 1996 inserted section 19A (Exercise of powers of tribunal) and omitted section 32 (2).  At that time, section 32 (2) provided which member of the tribunal could give a direction about the procedure to be followed in connection with the hearing of a proceeding.  The explanatory statement for the amending Act indicates that the omission of section 32 (2) was consequential on the insertion of section 19A.  The amending Act did not, consequent on the omission of section 32 (2), consequentially amend the reference to subsection (2) in what was then section 32 (3) (now subsection (4)).  This amendment corrects that by substituting a reference to section 19A.

[3.19]Section 60

substitute

1. Giving of notices to decision-makers

   (1)A notice that is required or permitted by this Act to be served (however described) on the person who made a decision may be served on the chief executive or a person nominated in writing by the chief executive.

   (2)The chief executive must give a copy of each nomination under subsection (1) to the registrar.

60AService of documents

(1)If a person nominates an address in Australia where documents may be served on the person, a document required by this Act to be served (however described) on the person may be sent to the person at that address.

(2)For this Act, a document is taken to be served (however described) on an individual whose place of residence or employment is unknown if it is served in accordance with a direction of the tribunal.

Explanatory note

This amendment updates existing section 60 to bring it more closely into line with current drafting practice and remakes existing section 3 (4) and (5) (which is omitted by another amendment) as new section 60A.

[3.20]New dictionary

insert

Dictionary

(see s 1A)

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

·     Australia

·     document

·     Executive

·     exercise

·     function

·     Supreme Court.

decision includes—

(a)making, suspending, revoking or refusing to make an order or determination; or

(b)giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or

(c)issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or

(d)imposing a condition or restriction; or

(e)making a declaration, demand or requirement; or

(f)keeping, or refusing to deliver up, an article; or

(g)doing or refusing to do anything else.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  The definition of decision follows existing section 3 (3) which is omitted by another amendment.

Part 3.4Agents Act 2003

[3.21]Section 7

substitute

1. Meaning of fair trading legislation

   In this Act:

   fair trading legislation—see the Fair Trading (Consumer Affairs) Act 1973, dictionary.

   NoteThis Act forms part of the fair trading legislation.  Other fair trading legislation includes the Fair Trading Act 1992, Fair Trading (Consumer Affairs) Act 1973 and the Security Industry Act 2003.  As part of the fair trading legislation, this Act is subject to various provisions of the Fair Trading (Consumer Affairs) Act 1973 about the administration and enforcement of the fair trading legislation generally.

Explanatory note

The definition of fair trading legislation in the Fair Trading (Consumer Affairs) Act 1973 is relocated from section 8A to section 2 by the Justice and Community Safety Legislation Amendment Act 2006.  This amendment is consequential on the relocation and the creation of a dictionary for the Fair Trading (Consumer Affairs) Act 1973 by another amendment in this Act.

[3.22]Dictionary, definition of investigator

substitute

investigator—see the Fair Trading (Consumer Affairs) Act 1973, dictionary.

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Fair Trading (Consumer Affairs) Act 1973 by another amendment.

Part 3.5Anglican Church of Australia Constitution Act 1961

[3.23]New section 1AA

before section 1A, insert

1AAName of Act

This Act is the Anglican Church of Australia Constitution Act 1961.

Explanatory note

This amendment inserts a naming section for the Act in accordance with current drafting practice.

Part 3.6Anglican Church of Australia Trust Property Act 1917

[3.24]New section 1

insert

1. Name of Act

   This Act is the Anglican Church of Australia Trust Property Act 1917.

Explanatory note

This amendment inserts a naming section for the Act in accordance with current drafting practice.

Part 3.7Annual Leave Act 1973

[3.25]Section 2 (1), definitions

relocate to dictionary

Explanatory note

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

[3.26]Section 2, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘approved training contract—see the Vocational Education and Training Act 2003, dictionary.’ means that the term ‘approved training contract’ 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)).

Explanatory note

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment.  A definition giving effect to existing section 2 (2) is included in the new dictionary.

[3.27]Section 6 (3)

relocate as section 6 (5)

Explanatory note

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

[3.28]Section 6 (4) and (5)

renumber as section 6 (3) and (4)

Explanatory note

This amendment is consequential on the previous amendment.

[3.29]Section 7 (4), new notes

insert

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).

Explanatory note

This amendment adds standard notes about appointments in accordance with current drafting practice.

[3.30]Section 12 (3)

omit

Explanatory note

This amendment omits a redundant transitional provision about the giving of notices at the commencement of the Act.

[3.31]Sections 14A and 14B

substitute

14ARegistrar of Annual Leave

(1)The chief executive must appoint a public servant as the Registrar of Annual Leave.

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)In addition to exercising the functions of the registrar under this Act, the registrar must exercise the other functions that the Minister directs.

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

(3)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.

(4)Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5)Subsections (3) and (4) and this subsection expire 1 year after the day this section commences.

14BAuthorised officers

(1)The chief executive may appoint a person (including an officer of the Australian Public Service constituted under the Public Service Act 1999 (Cwlth)) as an authorised officer.

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), an authorised officer is—

(a)a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an authorised officer; or

(b)anyone else who has been appointed by the chief executive as an authorised officer.

(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 offices of registrar and authorised officer 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 14A (4) and section 14B (3) ensure that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 14A (3) to (5) and section 14B (2) to (4).  The amendment also inserts standard notes about appointments.

[3.32]Section 14L

substitute

14LDelegation by registrar

The registrar may delegate to a person the registrar’s functions under this Act, other than a function under section 14G (Review of directions by registrar).

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

Explanatory note

This amendment updates the delegation provision and inserts a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by writing signed by the appointer. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

[3.33]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:

·     person

·     public servant.

authorised officer—

(a)for this Act generally, means a person appointed under section 14B; and

(b)for section 7 (Leave to be taken within 6 months)—a person appointed under section 7 (4).

employee—a person is taken to be an employee of someone else if—

(a)the person performs work the remuneration for which is paid by the other person and consists, either in whole or part, of salary, wages or commission; or

(b)the person is an apprentice of the other person or an employee of the other person; or

(c)the person is a trainee with the other person or an employee of the other person.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  A new definition of authorised officer is included in the dictionary.  The definition of employee follows existing section 2 (2) but with the reference to ‘bound apprentice’ in paragraph (b) changed to ‘an apprentice’.

Part 3.8Associations Incorporation Act 1991

[3.34]Section 1

substitute

1. Name of Act

   This Act is the Associations Incorporation Act 1991.

Explanatory note

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

[3.35]Section 3, definitions

relocate to dictionary

Explanatory note

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

[3.36]Section 3, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘memorandum, for part 6 (Transfer of incorporation)—see section 81.’ means that the term ‘memorandum’ is defined in that section for part 6.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2. Notes

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

   NoteSee 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.

[3.37]Section 42

substitute

1. References to purported entry into contracts etc—div 3.6

   (1)For this division, a nonexistent incorporated association purports to enter into a contract if—

   (a)a person executes a contract in the name of an incorporated association where no incorporated association of that name exists; or

   (b)a person purports to enter into a contract as agent or trustee for a proposed incorporated association.

   (2)For this division, a person purports to execute a contract as agent or trustee of a nonexistent incorporated association if the person executes a contract or purports to enter into a contract mentioned in subsection (1) (a) or (b).

   (3)For this division, the incorporation of an association in relation to the purported entry into a contract by a nonexistent incorporated association means—

   (a)if a person has executed a contract in the name of an incorporated association where no incorporated association of that name exists—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association in the name of which the contract was executed; or

   (b)if a person has purported to enter into a contract as an agent or trustee for a proposed incorporated association—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association.

Explanatory note

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

[3.38]Section 126 (2), new note

insert

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

Explanatory note

This amendment inserts a standard note to assist users of the legislation.

[3.39]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:

·     document

·     registrar-general.

books, for part 8 (Investigation of association’s affairs)—see section 99.

company limited by guarantee, for part 6 (Transfer of incorporation)—see section 81.

incorporation, in relation to a nonexistent incorporated association, for division 3.6 (Contracts)—see section 42.

memorandum, for part 6 (Transfer of incorporation)—see section 81.

pecuniary gain—see section 4.

purport—

(a)to enter into a contract, for division 3.6 (Contracts)—see section 42; and

(b)to execute a contract, for division 3.6 (Contracts)—see section 42.

trade—see section 4.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  It includes signpost definitions for terms that are not included in the existing interpretation section.

Part 3.9Australian-American Education Foundation Act 1966

[3.40]Section 4

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

2. 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.  The definitions in existing section 4 are included (in an up-to-date form) in the new dictionary.

[3.41]Section 6

omit

shall be deemed

substitute

is taken

Explanatory note

This amendment updates language.

[3.42]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:

·     document

·     land.

agreement means the agreement dated 28 August 1964, made between the Government of the Commonwealth of Australia and the Government of the United States of America for the financing of certain educational and cultural exchange programs.

former foundation means the Foundation referred to in the United States Educational Foundation in Australia Ordinance 1950.

foundation means the Australian-American Educational Foundation established under the agreement.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  The definitions in existing section 4 are remade in the dictionary to remove the definite article before each of the terms to bring them into line with current drafting practice.

Part 3.10Betting (ACTTAB Limited) Act 1964

[3.43]Section 3, definition of Bookmakers Act

omit

Explanatory note

This amendment omits a definition of a term which is no longer used in the Act.

[3.44]Section 3, definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.45]Section 3, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘sports bookmaking—see the Race and Sports Bookmaking Act 2001, dictionary.’ means that the term ‘sports bookmaking’ 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)).

2. 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.

[3.46]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:

·     body

·     Minister (see s 162)

·     person.

prescribed payment, for part 4 (Racing development fund)—see section 40.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  It includes a signpost definition for a term which is not included in the existing interpretation section.

Part 3.11Blood Donation (Transmittable Diseases) Act 1985

[3.47]Section 2, definitions

relocate to dictionary

Explanatory note

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

[3.48]Section 2, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

2ANotes

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.

[3.49]Section 4 heading

substitute

1. Liability of hospitals and doctors

Explanatory note

This amendment changes a reference to ‘medical practitioner’ to ‘doctor’.  Doctor is the drafting term that is now used. The term is defined in the Legislation Act, dictionary, part 1 to mean a person who is unconditionally registered as a medical practitioner under the Health Professionals Act 2004.

[3.50]Sections 4 and 6 (3)

omit

medical practitioner

substitute

doctor

Explanatory note

This amendment changes references to ‘medical practitioner’ to ‘doctor’.  Doctor is the drafting term that is now used. The term is defined in the Legislation Act, dictionary, part 1 to mean a person who is unconditionally registered as a medical practitioner under the Health Professionals Act 2004.

[3.51]Section 10 (2), new note

insert

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

Explanatory note

This amendment inserts a standard note to assist users of the legislation.

[3.52]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:

·     doctor

·     person

·     prescribed.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.12Boilers and Pressure Vessels Regulation 1954

[3.53]New section 3

insert

1. Notes

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

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

Explanatory note

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

[3.54]Sections 16 (1), 35 (1), 42 (2) and 43 (1), new note

insert

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

Explanatory note

This amendment inserts standard notes to assist users of the legislation.

[3.55]Section 49

omit

Explanatory note

This amendment omits a redundant provision about the service of documents. The Legislation Act, part 19.5 provides for the service of documents.

[3.56]Dictionary, new notes

insert

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

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     document

·     Minister (see s 162)

·     person.

Note 3Terms used in this regulation have the same meaning that they have in the Machinery Act 1949 (see Legislation Act, s 148). For example, the following terms are defined in the Machinery Act 1949, dict:

·     chief inspector

·     inspector

·     machinery.

Explanatory note

This amendment inserts standard dictionary notes in accordance with current drafting practice.

[3.57]Dictionary, definitions of chief inspector and inspector

omit

Explanatory note

This amendment omits unnecessary definitions of terms which are defined in the Machinery Act 1949 and which apply to the regulation (see the Legislation Act, section 148).

Part 3.13Boxing Control Act 1993

[3.58]Section 3, definition of boxing contest

omit

Explanatory note

This amendment omits a definition which is included in an updated form in the new dictionary which is inserted by another amendment.

[3.59]Section 3, definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.60]Section 3, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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 3A and 3B

renumber as sections 3 and 3A

Explanatory note

This amendment renumbers sections.

[3.62]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

·     contravene

·     Minister (see s 162)

·     person.

boxing contest—

(a)for this Act generally, means a contest, display or exhibition of boxing, but does not include a contest, display or exhibition prescribed by regulation; and

(b)for part 2 (Control of boxing contests) (other than section 4)—see section 4.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice. It includes an updated definition of the term boxing contest (which is omitted from section 3 by another amendment) incorporating, in accordance with current drafting practice, a signpost definition for the term for part 2.

Part 3.14Business Names Regulation 1966

[3.63]Section 2

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘agent—see the Corporations Regulations 2001 (Cwlth), regulation 1.0.02 (1).’ means that the term ‘agent’ is defined in that regulation and the definition applies to this regulation.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2. Notes

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

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

3. Meaning of agent

   In this regulation:

   agent—see the Corporations Regulations 2001 (Cwlth), regulation 1.0.02 (1).

Explanatory note

This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment and remakes existing section 2 as new section 4.

[3.64]New dictionary

insert

Dictionary

(see s 2)

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

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     corporation

·     document

·     registrar-general.

Note 3Terms used in this regulation have the same meaning that they have in the Business Names Act 1963 (see Legislation Act, s 148). For example, the following term is defined in the Business Names Act 1963, dict:

·     business name.

agent—see section 4.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.15Canberra Institute of Technology Act 1987

[3.65]Section 49, note

omit

Under that Act, s 3, def chief executive officer

substitute

Under that Act, dict, def chief executive officer

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Public Sector Management Act 1994 by another amendment.

[3.66]Section 63 (1)

substitute

(1)The director must give notice of any of the following decisions to a person whose interests are affected by the decision:

(a)a decision not to admit a person to a course of study or instruction of the institute or to an examination of the institute under section 19 (c);

(b)a decision not to confer an award (not including an honorary award) on a person under section 19 (d).

Explanatory note

This amendment corrects cross-references in existing paragraphs (a) and (b) and omits existing paragraph (c) which refers to ‘precluding a student from using facilities or attending a course, or part of a course, under section 16 (3)’.  That provision was omitted by the Financial Management Legislation Amendment Act 2005.

[3.67]Section 64

substitute

1. Review by administrative review tribunal

   Application may be made to the administrative appeals tribunal for a review of a decision of the director—

   (a)refusing to admit a person to a course of study or instruction of the institute or to an examination of the institute under section 19 (c); or

   (b)refusing to confer an award (other than an honorary award) on a person under section 19 (d).

Explanatory note

This amendment corrects cross-references in existing paragraphs (a) and (b) and omits existing paragraph (c) which refers to ‘precluding a student from using facilities or attending a course, or part of a course, under section 16 (3)’. That provision was omitted by the Financial Management Legislation Amendment Act 2005.

Part 3.16City of Canberra Arms Act 1932

[3.68]Sections 3 and 4

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘City of Canberra Arms—see section 4.’ means that the term ‘City of Canberra Arms’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2. 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.

3. Meaning of City of Canberra Arms

   In this Act:

   City of Canberra Arms means the Arms and Crest of the City of Canberra granted by royal warrant to the Federal Capital Commissioners, Australia, appointed under the Seat of Government (Administration) Act 1924 (Cwlth), and their successors in their corporate capacity, and includes the Supporters to those Arms.

Explanatory note

This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment and brings the sequence of the existing notes and definition provisions into line with current drafting practice.  Existing section 3  (Meaning of City of Canberra Arms) is remade as new section 4.

[3.69]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:

·     Minister (see s 162)

·     penalty unit (see s 133).

City of Canberra Arms—see section 4.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.17Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

[3.70]Sections 5 and 6

relocate as sections 2A and 2B

Explanatory note

This amendment brings the placement of the sections about the legal status on notes and the Criminal Code into line with current drafting practice.

[3.71]Sections 2A to 4

renumber as sections 3 to 6

Explanatory note

This amendment renumbers sections.

[3.72]Section 54B

substitute

54BRegistrar of X 18+ Film Licences

(1)The chief executive must appoint a public servant as the Registrar of X 18+ Film Licences.

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 the 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 a new appointment is made.  Proposed section 54B (3) ensures that the transitional arrangement will, if necessary, continue to operate after the expiry of proposed section 54B (2) to (4).  The amendment also inserts standard notes about appointments.

[3.73]Section 54U

substitute

54UInspectors

(1)The chief executive may appoint a public servant as an inspector.

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), an inspector is a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an inspector.

(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 an inspector 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 54U (3) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 54U (2) to (4).  The amendment also inserts standard notes about appointments.

Part 3.18Clinical Waste Act 1990

[3.74]Section 1

substitute

1. Name of Act

   This Act is the Clinical Waste Act 1990.

Explanatory note

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

[3.75]Section 2, definition of manual

substitute

manual means the clinical waste manual under section 14.

Explanatory note

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

[3.76]Section 2, definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.77]Section 2, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘connected, for part 6 (Enforcement)—see section 31.’ means that the term ‘connected’ is defined in that section for part 6.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Explanatory note

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

[3.78]Section 7

substitute

1. Clinical Waste Controller

   (1)The chief executive must appoint a public servant as the Clinical Waste Controller.

   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 controller 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 controller.

   (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 the controller 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 7 (3) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 7 (2) to (4).  The amendment also inserts standard notes about appointments.

[3.79]Section 8

substitute

1. Delegation by controller

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

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

Explanatory note

This amendment updates the delegation provision and inserts a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by writing signed by the appointer. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

[3.80]Section 9

substitute

1. Inspectors

   (1)The chief executive may appoint a public servant as an inspector.

   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)The controller is also an inspector.

   (3)Until the chief executive makes an appointment under subsection (1), an inspector is—

   (a)a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an inspector; or

   (b)the controller; or

   (c)a public servant to whom the controller has delegated any of the powers of an inspector.

   (4)Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (5)Subsections (3) and (4) 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 an inspector 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 9 (4) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 9 (3) to (5).  The amendment also inserts standard notes about appointments.

[3.81]Section 31 heading

substitute

1. Meaning of connected—pt 6

Explanatory note

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

[3.82]Section 41 (2), new note

insert

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

Explanatory note

This amendment inserts a standard note to assist users of the legislation.

[3.83]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

·     magistrate

·     Minister (see s 162)

·     person

·     public servant

·     State.

connected, for part 6 (Enforcement)—see section 31.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice. It includes a signpost definition for a term which is not included in the existing interpretation section.

Part 3.19Commercial Arbitration Act 1986

[3.84]Section 1

substitute

1. Name of Act

   This Act is the Commercial Arbitration Act 1986.

Explanatory note

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

[3.85]Section 3

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

2. 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.

3. Application of Act

   (1)This Act applies to an arbitration agreement and to an arbitration under an arbitration agreement.

   (2)This Act applies to arbitrations provided for in any other territory law as if—

   (a)the other law were an arbitration agreement; and

   (b)the arbitration were under an arbitration agreement; and

   (c)the parties to the dispute which, under the other law, is referred to arbitration were the parties of the arbitration agreement.

   (3)However—

   (a)subsection (2) applies only to the extent provided for in the other territory law; and

   (b)nothing in this Act applies to an arbitration under any other territory law that is prescribed by regulation as an arbitration to which this Act does not apply.

   (4)This Act does not affect the operation of the Credit Act 1985, section 130 (Content of contracts of insurance).

Explanatory note

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

It also remakes the provisions of existing section 3 (Application and transitional) that have continuing relevance in an updated form to bring them more closely into line with current drafting practice. 

Existing section 3 (1) (a) is remade as new section 4 (1) with the omission of a reference to an arbitration agreement ‘(whether made before or after the commencement of this Act)’.

Existing section 3 (1) (b), which is about references in arbitration agreements to the Arbitration Act 1902 (NSW) in its application in the ACT, is omitted because it is a redundant transitional provision.

Existing section 3 (2) and (4), which relate to arbitration agreements made before the commencement of the Act, is omitted because it is a redundant transitional provision.

Existing section 3 (3) is remade as new section 4 (2) and (3) (a).

Existing section 3 (5) and (6) is remade as new section 4 (3) (b) and (4).

[3.86]Section 4 (1), definition of court

substitute

court means—

(a)the Supreme Court; or

(b)the Magistrates Court if—

(i)an arbitration agreement provides that the Magistrates Court has jurisdiction under this Act; or

(ii)the parties to an arbitration agreement that is in force have agreed in writing that the Magistrates Court has jurisdiction under this Act.

Explanatory note

This amendment remakes the definition in an updated form to bring it more closely into line with current drafting practice.

[3.87]Section 4 (1), definition of power of appointment or power to appoint

substitute

power of appointment, in relation to an arbitrator or umpire, means a power to—

(a)appoint an arbitrator or umpire; or

(b)join in the appointment of an arbitrator or umpire; or

(c)concur in or approve of the appointment of an arbitrator or umpire; or

(d)take any other step for the appointment of an arbitrator or umpire.

Explanatory note

This amendment remakes the definition to bring it more closely into line with current drafting practice.  The definition is of both power of appointment and power to appoint.  The second term is omitted from the revised definition and the 2 instances where the term is used in the Act are amended by other amendments.

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

relocate to dictionary

Explanatory note

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

[3.89]Section 4, remainder

omit

Explanatory note

This amendment is consequential on the relocation by another amendment of the definitions in existing section 4 (1) to a new dictionary which is inserted by another amendment.  The dictionary includes a definition of arbitrator which is defined in existing section 4 (2).

[3.90]Section 8 (1)

omit

power to appoint an arbitrator

substitute

power of appointment in relation to an arbitrator

Explanatory note

This amendment is consequential on the amendment of the definition of power of appointment by another amendment.

[3.91]Section 9

omit

power to appoint an arbitrator

substitute

power of appointment in relation to an arbitrator

Explanatory note

This amendment is consequential on the amendment of the definition of power of appointment by another amendment.

[3.92]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:

·     exercise

·     Magistrates Court

·     person

·     Supreme Court.

arbitrator includes, where there are 2 or more arbitrators, the arbitrators.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  The definition of arbitrator is based on existing section 4 (2) which is omitted by another amendment.

Part 3.20Commissioner for the Environment Act 1993

[3.93]Section 1

substitute

1. Name of Act

   This Act is the Commissioner for the Environment Act 1993.

Explanatory note

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

[3.94]Section 3 (1), definition of prescribed authority, paragraph (a) (ii)

omit

subsection (2)

substitute

section 3 (1) (Entities not necessarily prescribed authorities)

Explanatory note

This amendment is consequential on the remaking of existing section 3 (2) as new section 3 (1) by another amendment.

[3.95]Section 3 (1), definition of prescribed authority, paragraph (c)

omit

subsection (3)

substitute

section 3 (2)

Explanatory note

This amendment is consequential on the remaking of existing section 3 (3) as new section 3 (2) and (3) by another amendment.

[3.96]Section 3 (1), definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.97]Section 3, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

2ANotes

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.

1. Entities not necessarily prescribed authorities

   (1)For this Act, an unincorporated body established under an enactment for the purpose of assisting, or exercising functions connected with, a prescribed authority is not taken to be a prescribed authority but action taken by the body, or by a person for the body, is taken to be action by the prescribed authority.

   Examples of bodies

   A board, council and committee

   Note 1Body includes any group of people joined together for a common purpose (see Legislation Act, dict, pt 1).

   Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)For this Act, a person is not taken to be a prescribed authority only because the person holds or performs the duties of a specified office, but any action taken by or for the person is taken to have been taken by the agency or body concerned.

   NoteAgency includes a prescribed authority (see dictionary).

   (3)In this section:

   specified office means—

   (a)an office the duties of which the person performs as employment duties as an officer of an agency; or

   (b)an office of a member of a body; or

   (c)an office established by an enactment for a prescribed authority; or

   (d)an office prescribed by regulation.

Explanatory note

This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.  It also remakes existing section 3 (2) and (3) as new section 3.

[3.98]Sections 4 and 5

substitute

1. Commissioner for the Environment

   (1)The Minister must appoint a person as the Commissioner for the Environment.

   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).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

   (2)The commissioner holds office on the terms not provided by this Act that are decided in writing.

2. Term of office

   Subject to this Act, the commissioner must not be appointed for a term of longer than 5 years.

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

Explanatory note

This amendment updates existing sections 4 and 5 to bring them into line with current drafting practice. The existing reference to eligibility for reappointment in section 5 is unnecessary because the Legislation Act, section 208 (1) provides that if a person is eligible for appointment the person may be reappointed. A standard note about reappointment is added.

Existing section 4 (1) is updated by omitting a reference to ‘by instrument’ because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer. Standard appointment notes are also added to the subsection.

Existing section 4 (2) is brought into line with current drafting practice.

The reference in existing section 5 to holding office for the period specified in the instrument of appointment is omitted. It is unnecessary because the Legislation Act, section 206 (2) provides that if a law provides for a maximum period of appointment, the instrument of appointment must state the period for which the appointment is made.

The reference in existing section 5 to eligibility for reappointment is unnecessary because the Legislation Act, section 208 (1) provides that if a person is eligible for appointment the person may be reappointed. A standard note about reappointment is added.

[3.99]Section 8

omit

Explanatory note

This amendment removes an unnecessary provision about resignation from office. The Legislation Act, section 210 provides for the resignation of a person from a statutory appointment. A standard note about resignation is added to section 9 (1) by the next amendment.

[3.100]Section 9 (1), new note

insert

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

Explanatory note

This amendment is consequential on the omission of section 8 by the previous amendment.

[3.101]Section 9 (6)

substitute

(6)The Executive must end the commissioner’s appointment if the commissioner becomes bankrupt or executes 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 subsection into line with the new concept.

[3.102]Section 11

substitute

1. Delegation by commissioner

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

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

Explanatory note

This amendment updates the delegation provision and inserts a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by writing signed by the appointer. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

1. Notes

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

   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.

[3.520]New dictionary

insert

Dictionary

(see s 2)

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

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     corporation

·     individual

·     penalty unit (see s 133)

·     person.

Note 3Terms used in this regulation have the same meaning that they have in the Trade Measurement Act 1991 (see Legislation Act, s 148). For example, the following terms are defined in the Trade Measurement Act 1991, dict:

·     administering authority

·     inspector

·     public weighbridge

·     seller.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.105Transplantation and Anatomy Act 1978

[3.521]Section 4 (1), definitions

relocate to dictionary

(commencement:  the later of the commencement of this Act and the Powers of Attorney Act 2006)

Explanatory note

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

[3.522]Section 4, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘school of anatomy, for part 5 (Donations for anatomical purposes)—see section 36.’ means that the term ‘school of anatomy’ is defined in that section for part 5.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2. Notes

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

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

3. Meaning of transplantation

   For this Act, the transplantation of tissue includes the transplantation of any part of the tissue and the transplantation of a substance obtained from the tissue.

(commencement:  the later of the commencement of this Act and the Powers of Attorney Act 2006)

Explanatory note

This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.  New section 4 remakes existing section 4 (2) in line with current drafting practice.

[3.523]Section 31 (4)

omit

(commencement:  the later of the commencement of this Act and the Powers of Attorney Act 2006)

Explanatory note

This amendment omits a redundant definition.  The term chief health officer is defined in the Legislation Act, dictionary, part 1.

[3.524]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 health officer

·     judge

·     nurse

·     penalty unit (see s 133)

·     person

·     Supreme Court.

school of anatomy, for part 5 (Donations for anatomical purposes)—see section 36.

tissue, for part 2 (Donations of tissue by living persons)—see section 6

transplantation of tissue—see section 4.

(commencement:  the later of the commencement of this Act and the Powers of Attorney Act 2006)

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  It includes signpost definitions for terms that are not included in the existing interpretation section.

[3.525]Further amendments, references to section 4 (1)

omit

section 4 (1)

substitute

the dictionary

in

·     section 27 (5)

·     section 28 (2) (b)

·     section 32 (5)

·     section 33 (2) (b)

·     section 37 (4)

·     section 38 (2) (b)

(commencement:  the later of the commencement of this Act and the Powers of Attorney Act 2006)

Explanatory note

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

Part 3.106Trans-Tasman Mutual Recognition Act 1997

[3.526]New sections 2 and 2A

insert

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘Commonwealth Act—see section 4.’ means that the term ‘Commonwealth Act’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

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.

[3.527]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

·     Chief Minister

·     Commonwealth

·     the Territory.

Commonwealth Act—see section 4.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.  A signpost definition of Commonwealth Act is inserted in accordance with current drafting practice.

Part 3.107Trespass on Territory Land Act 1932

[3.528]Section 3, definitions

relocate to dictionary

Explanatory note

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

[3.529]Section 3, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘vehicle—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘vehicle’ 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)).

2. 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.

[3.530]Section 3A

substitute

3AInspectors

(1)The chief executive may appoint a public servant as an inspector.

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)A police officer is also an inspector.

(3)Until the chief executive makes an appointment under subsection (1), an inspector is, in addition to a police officer, a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an inspector.

(4)Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5)Subsections (3) and (4) 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 an inspector 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 3A (4) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 3A (3) to (5).  The amendment also inserts standard notes about appointments.

[3.531]Section 8A (7) to (9)

omit

commissioner of police

substitute

chief police officer

Explanatory note

This amendment changes references to the commissioner of police to the chief police officer.  The chief police officer is the senior police officer for the ACT.

[3.532]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

·     land

·     Minister (see s 162)

·     police officer

·     territory land.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.108Truck Act 1900

[3.533]Section 1B, definitions

relocate to dictionary

Explanatory note

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

[3.534]Section 1B, remainder

substitute

1BDictionary

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)).

1CNotes

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.

[3.535]New dictionary

insert

Dictionary

(see s 1B)

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

·     bank

·     credit union

·     penalty unit (see s 133).

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.109Trustee Act 1925

[3.536]Section 36 (6)

omit

Liquor Act 1929

substitute

Liquor Act 1975

(commencement:  the later of the commencement of this Act and the Civil Law (Property) Act 2006, schedule 1)

Explanatory note

This amendment corrects a reference to the name of an Act.

[3.537]Dictionary, definitions of mortgage, mortgagee and mortgagor

omit

section 6 (1)

substitute

dictionary

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Land Titles Act 1925 by another amendment.

Part 3.110Uncollected Goods Act 1996

[3.538]Section 1

substitute

1. Name of Act

   This Act is the Uncollected Goods Act 1996.     

Explanatory note

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

[3.539]Sections 2 and 2A

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘uncollected goods—see section 5.’ means that the term ‘uncollected goods’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2A            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.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Explanatory note

This amendment inserts a standard dictionary provision consequent on the insertion of a new dictionary by another amendment and brings the sequence of the notes and Criminal Code provisions into line with current drafting practice.

[3.540]Section 3 (2) (d)

substitute

(d)animals under the Domestic Animals Act 2000 or the Stock Act 2005; or

Explanatory note

This amendment omits a reference to the repealed Dog Control Act 1975 and updates the section exempting animals under the Domestic Animals Act 2000 and the Stock Act 2005 from the application of the Act.

[3.541]Section 4, definitions of leased public baths and manager

substitute

leased public baths—see the Public Baths and Public Bathing Act 1956, dictionary.

manager—see the Public Baths and Public Bathing Act 1956, dictionary.

Explanatory note

The existing definitions are effectively identical to the definitions in the Public Baths and Public Bathing Act 1956, section 5. This amendment brings them into line with current drafting practice by changing them into signpost definitions and is also consequential on the insertion of a new dictionary into the Public Baths and Public Bathing Act 1956 by another amendment.

[3.542]Section 4, definition of public baths

substitute

public baths—see the Public Baths and Public Bathing Act 1956, dictionary.

Explanatory note

The existing definition is effectively identical to the definition in the Public Baths and Public Bathing Act 1956, section 5. This amendment brings the definition into line with current drafting practice by changing it into signpost definition and is also consequential on the insertion of a new dictionary into the Public Baths and Public Bathing Act 1956 by another amendment.

[3.543]Section 4, definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.544]Section 4, remainder

omit

Explanatory note

This amendment is consequent on other amendments relocating the definitions within existing section 4 to a new dictionary.

[3.545]Section 16

substitute

1. Authorised officers

   (1)The chief executive may appoint a person as an authorised officer.

   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), an authorised officer is—

   (a)a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an authorised officer; or

   (b)anyone else appointed as an authorised officer by the chief executive.

   (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 an authorised officer 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 16 (3) ensures that these transitional arrangements will, if necessary, continue to operate after the expiry of proposed section 16 (2) to (4).  The amendment also inserts standard notes about appointments.

[3.546]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

·     State

·     the Territory.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.111Wills Act 1968

[3.547]Section 1

substitute

1. Name of Act

   This Act is the Wills Act 1968.

Explanatory note

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

[3.548]Section 4, definition of will

substitute

will—

(a)for this Act generally, includes a codicil; and

(b)for part 4 (Miscellaneous)—see section 17.

Explanatory note

This amendment includes a signpost definition to the meaning of will for section 17 in accordance with current drafting practice.

[3.549]Section 4, definitions (as amended)

relocate to dictionary

Explanatory note

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

[3.550]Section 4, remainder

substitute

1. Dictionary

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

   Note 1The dictionary at the end of this Act defines certain 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)).

2. 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.

[3.551]Section 5, new note

insert

NoteSee section 35 for particular provisions about wills made or republished after 24 March 1989 or taking effect after 7 November 1991.

Explanatory note

This amendment inserts a note after section 5, which is about the application of the Act, to assist users of the legislation.

[3.552]Section 8 heading

substitute

1. Children—testamentary capacity

Explanatory note

This amendment updates the language of the heading by changing ‘Minors’ to ‘Children’.

[3.553]Sections 8 to 8B

omit

minor

substitute

child

Explanatory note

This amendment updates language.

[3.554]Section 12A (1)

omit

court

substitute

Supreme Court

Explanatory note

This amendment is consequential on the omission of the definition of the court from section 12A (7) by another amendment.

[3.555]Section 12A (2)

substitute

(2)The Supreme Court may order that the probate copy of the last will of a testator be rectified to give effect to the testator’s probable intention if satisfied that—

(a)any of the following apply in relation to circumstances or events (whether they existed or happened before, at or after the execution of the will):

(i)the circumstances or events were not known to, or anticipated by, the testator;

(ii)the effects of the circumstances or events were not fully appreciated by the testator;

(iii)the circumstances or events arose or happened at or after the death of the testator; and

(b)because of the circumstances or events, the application of the provisions of the will according to their tenor would fail to give effect to the probable intention of the testator if the testator had known of, anticipated or fully appreciated their effects.

Explanatory note

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

[3.556]Section 12A (3)

omit

of the court

substitute

of the Supreme Court

Explanatory note

This amendment is consequential on the omission of the definition of the court from section 12A (7) by another amendment.

[3.557]Section 12A (5) (a)

omit

court

substitute

Supreme Court

Explanatory note

This amendment is consequential on the omission of the definition of the court from section 12A (7) by another amendment.

[3.558]Section 12A (7), definition of court

omit

Explanatory note

This amendment omits the definition consequent on amendments of section 12A by other amendments.

[3.559]Section 20 (3)

omit

being a devise, bequest, appointment or conferral

substitute

that is

Explanatory note

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

[3.560]Section 31 (5)

omit

being a contingency other than surviving the testator or attaining a specified age

substitute

other than a contingency of surviving the testator or attaining a stated age

Explanatory note

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

[3.561]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

·     estate

·     interest

·     land

·     person.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice.

Part 3.112Workers Compensation Amendment Act 2006

[3.562]Schedule 2, amendment 2.2

substitute

[2.2]Dictionary, definition of associated law, paragraphs (e) and (f)

substitute

(e)any other Act or subordinate law, or provision of an Act or subordinate law, prescribed by regulation.

(commencement:  1 July 2006)

Explanatory note

The Emergencies Amendment Act 2005, schedule 1, amendment 1.7 amended the Occupational Health and Safety Act 1989, dictionary, definition of associated law by renumbering paragraphs (b) to (f) as paragraphs (a) to (e). 

The Workers Compensation Amendment Act 2006, schedule 2, amendment 2.2 substituted a new paragraph (f) for paragraphs (f) and (g) of the definition. Because of the renumbering made by the Emergencies Amendment Act 2005, it should have substituted a new paragraph (e) for paragraphs (e) and (f).

Consequent on the commencement of the amendment made by the Workers Compensation Amendment Act 2006, the Occupational Health and Safety Act 1989 was amended editorially under the Legislation Act, part 11.3 (Editorial changes) to substitute a new paragraph (e) for paragraphs (e) and (f).

This amendment confirms the editorial amendment.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 19 October 2006.

2. Notification

   Notified under the Legislation Act on 22 March 2007.

3. 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 2007, which originated in the Legislative Assembly as the Statute Law Amendment Bill 2006 (No 2) and was passed by the Assembly on 6 March 2007.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2007