Statute Law Amendment Act 2007 (No 2) (ACT)

Statute Law Amendment Act 2007 (No 2)

A2007-16

Contents

Page

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

Schedule 1Minor amendments  4
Part 1.1Cemeteries and Crematoria Act 2003  4
Part 1.2Heritage Act 2004  5
Part 1.3Unlawful Games Act 1984  6
Schedule 2Legislation Act 2001  7
Schedule 3Technical amendments  8
Part 3.1ACTEW/AGL Partnership Facilitation Act 2000               8
Part 3.2Administrative Appeals Tribunal Act 1989  9
Part 3.3Annual Leave Act 1973  14
Part 3.4Associations Incorporation Act 1991  14
Part 3.5Boxing Control Act 1993  16
Part 3.6Consumer Credit (Administration) Act 1996                  16
Part 3.7Coroners Act 1997  17
Part 3.8Credit Act 1985  19
Part 3.9Credit Regulation 1985  28
Part 3.10Dangerous Substances Act 2004  28
Part 3.11Discrimination Act 1991  29
Part 3.12Environment Protection Act 1997  30
Part 3.13Evidence Act 1971  35
Part 3.14Fisheries Regulation 2001  38
Part 3.15Food Act 2001  38
Part 3.16Gambling and Racing Control Act 1999  39
Part 3.17Gambling and Racing Control (Code of Practice) Regulation 2002      40
Part 3.18Health Act 1993  41
Part 3.19Heritage Act 2004  41
Part 3.20Lands Acquisition Act 1994  42
Part 3.21Leases (Commercial and Retail) Act 2001  43
Part 3.22Legal Aid Act 1977  43
Part 3.23Legislative Assembly (Members’ Staff) Act 1989           59
Part 3.24Liquor Act 1975  61
Part 3.25Litter Act 2004  64
Part 3.26Long Service Leave (Building and Construction Industry) Regulation 1984    65
Part 3.27Lotteries Act 1964  65
Part 3.28Nature Conservation Act 1980  68
Part 3.29Oaths and Affirmations Act 1984  70
Part 3.30Payroll Tax Act 1987  71
Part 3.31Pool Betting Act 1964  71
Part 3.32Public Sector Management Act 1994  73
Part 3.33Registrar-General Act 1993  74
Part 3.34Wills Act 1968  74
Part 3.35Workers Compensation Act 1951  75

Statute Law Amendment Act 2007 (No 2)

A2007-16

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

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

Name of Act
This Act is the Statute Law Amendment Act 2007 (No 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: 12 April 2007)’ means that the amendment is taken to have commenced on 12 April 2007.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Purpose
The purpose of this Act is to improve the quality of the statute law of the Territory by amending legislation for the purpose of statute law revision.
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Legislation amended—schs 1–3
This Act amends the legislation mentioned in schedules 1 to 3.

Schedule 1Minor amendments

(see s 5)

Part 1.1Cemeteries and Crematoria Act 2003
[1.1]Section 23 (1) (b) and (c)
substitute
(b)the person is not authorised to exhume the remains.

Explanatory note

This amendment relates to the amendment below.

[1.2]New section 23 (1A)
insert
(1A)For this section, a person is authorised to exhume human or foetal remains if—
(a)a warrant under the Coroners Act 1997 authorises the exhumation; or
(b)the chief health officer has given written permission under this section for the exhumation.

Explanatory note

This amendment clarifies the type of authority that is necessary to exhume human or foetal remains buried in a cemetery. It is not an offence to exhume remains if there is either—

a warrant under the Coroners Act 1997; or
written permission from the chief health officer.

Part 1.2Heritage Act 2004
[1.3]Section 13 (f)
substitute
(2)If a place or object is also an Aboriginal place or object, each of the following is also an interested person:
(a)a representative Aboriginal organisation;
(b)if the discovery of the place or object was reported under section 51—the person who reported the discovery.

Explanatory note

This amendment remakes existing paragraph (f) as a separate subsection to make it clear that if a place or object is also an Aboriginal place or object, each of the entities mentioned in the subsection is, in addition to the entities mentioned in existing section 13 (a) to (e), an interested person for the place or object.

[1.4]Section 50
substitute

Partial cancellation of registration of place or object
(1)In this part:
cancellation includes partial cancellation.
partial cancellation means the exclusion of part of a registered place or object.
(2)This part applies to a partial cancellation as if—
(a)a reference to a registered place or object were a reference to the part of the place or object to be excluded; and
(b)all other necessary changes, including any changes prescribed by regulation, were made.

Explanatory note

This amendment extends the scope of the section to include the partial cancellation of a registered object. For example, if a part of a heritage object cannot be repaired and is replaced, it may be appropriate for the registration not to continue to apply to that part of the object.

Part 1.3Unlawful Games Act 1984
[1.5]Section 3, definition of unlawful game, paragraph (f)
substitute
(f)any other game of skill or chance, or of mixed skill and chance, in which money or any other valuable thing is staked or risked on an event or contingency, other than backgammon, bridge, chess or Scrabble.

Explanatory note

This amendment adds the words ‘other than backgammon, bridge, chess or Scrabble’ to the end of the paragraph. Unlike most other board or card games of skill or chance, the 4 games are typically played in competitions organised by community bodies and, without the amendment, may offend the Act when played for some form of reward, such as part of a tournament in which prizes are awarded. However, when played for a reward, including as part of a tournament, they are not played for gambling purposes. The tournament prizes or other benefits are a recognition of skill rather than a gambling reward. The purpose of the amendment is to exclude the games from the Act’s operation.

Schedule 2Legislation Act 2001

(see s 5)

[2.1]Section 192 (1) (b) and (c)
substitute
(b)an offence by a corporation punishable by a prescribed fine;
NoteSee s 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.

(c)an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a prescribed fine.

Explanatory note

This amendment is related to the amendment below. It changes the reference to ‘a fine of 100 penalty units or more’ in each paragraph to ‘a prescribed fine’.

[2.2]Section 192 (4), new definition of prescribed fine
insert
prescribed fine, for an offence, means—
(a)if the penalty for the offence is expressed in penalty units—100 penalty units or more; or
(b)if the penalty for the offence is expressed as an amount of money—$50 000 or more.

Explanatory note

This amendment follows on from the amendment above. The value of a penalty unit for an offence is $100 if the person charged is an individual and $500 if the person charged is a corporation (see Legislation Act, s 133). The amendment applies section 192 (1) (b) and (c) to an offence in relation to a corporation if the penalty for the offence is expressed, in dollars, as being $50 000 or more (which is equivalent in value to the 100 penalty units mentioned in the existing paragraphs). The amendment is made to deal with 2 main possibilities. First, that a penalty in a law of another jurisdiction that is applied by an ACT law has a fine expressed as an amount of money. Second, that legislation expresses a fine as an amount of money as part of implementing a uniform law.

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 any of the following:
(i)ACTEW;
(ii)AGL;
(iii)a company that is—
(A)a participant in a partnership; and
(B)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 brings the definition into line with current drafting practice.

Part 3.2Administrative Appeals Tribunal Act 1989
[3.2]Section 5 (1), new notes
insert
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

Explanatory note

This amendment inserts standard notes about appointments.

[3.3]Section 7 (5)
substitute
(5)Subject to this part, a member must not be appointed for more than 7 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 remakes the subsection in accordance with current drafting practice.

The existing reference 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 existing reference to eligibility for reappointment is unnecessary because the Legislation Act provides that if a person is eligible for appointment the person may be reappointed. A standard note about reappointment is added.

[3.4]Section 9
substitute

Acting appointments—direction to continue acting
(1)This section applies if a person has been appointed as an acting member of the tribunal because another member (the absent member) is or is expected to be absent or unavailable.
(2)The Executive may, because of a pending proceeding or other special circumstances, direct that the acting member must continue to act under the appointment after the absent member ceases to be absent or unavailable until the acting member resigns or the Executive ends the appointment.
(3)However—
(a)a direction under subsection (2) must be given before the absent member ceased to be absent or unavailable; and
(b)an acting member must not continue to act for more than 12 months after the absent member ceases to be absent or unavailable.

Explanatory note

This amendment remakes existing section 9 (4) as new section 9 and brings it more closely into line with current drafting practice. The remainder of the section is omitted because it is unnecessary.

Existing section 9 (1) to (3), which is about when an acting appointment may be made, is unnecessary. The Legislation Act, section 209 provides that a power of appointment (eg the Administrative Appeals Tribunal Act, s 5) includes power to make an acting appointment during any period when an appointee cannot for any reason exercise functions of the position.

Existing section 9 (5) provides that anything done by or in relation to an acting member is not invalid merely because the occasion for the appointment had not arisen, there was a defect or irregularity in relation to the appointment, the appointment had ceased to have effect or the occasion to act had not arisen or had ceased. This provision is unnecessary because the Legislation Act, section 225 is to the same effect.

[3.5]Section 10
substitute

Delegation by president
The president may delegate the president’s functions under this Act to a member.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Explanatory note

[3.6]Section 24 (3)
substitute
(3)If an enactment makes provision in accordance with this section for making applications to the tribunal for the review of decisions by a person made in the exercise of a power given to the person, the provision also applies to decisions made in the exercise of the power by anyone else who is lawfully authorised to exercise the power.

Explanatory note

This amendment remakes the provision omitting existing section (3) (a) and (b) which is about the exercise of powers by delegates and acting appointees.

Existing section (3) (a) is unnecessary because the Legislation Act, section 239 (4) provides that anything done by or in relation to the delegate in the exercise of the delegation is taken to have been done by or in relation to the appointer.

Existing section (3) (b) is unnecessary because the Legislation Act, section 220 (b) provides that all territory laws apply in relation to a person appointed to act as if the person were the occupant of the position.

[3.7]Section 26 (7) (b)
omit
the Crown in right of the Territory
substitute
the Territory

Explanatory note

This amendment brings the reference to the Territory into line with current drafting practice.

[3.8]Section 35 (1) (b)
omit
the Crown in right of the Territory
substitute
the Territory

Explanatory note

This amendment brings the reference to the Territory into line with current drafting practice.

[3.9]Section 35 (2) (c)
omit
the Crown in right of the Commonwealth
substitute
the Commonwealth

Explanatory note

This amendment brings the reference to the Commonwealth into line with current drafting practice.

[3.10]Section 35 (3) (a)
omit
the State or Territory
substitute
the State or other Territory

Explanatory note

This amendment brings the reference to the State or Territory into line with current drafting practice.

[3.11]Section 35 (3) (b)
omit
the Crown in right of the State or Territory
substitute
the State or other Territory

Explanatory note

This amendment brings the reference to the State or Territory into line with current drafting practice.

[3.12]Section 57 (4)
substitute
(4)The registrar may delegate the registrar’s functions under this Act to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Explanatory note

Part 3.3Annual Leave Act 1973
[3.13]Dictionary, definition of authorised officer
substitute
authorised officer means—
(a)for this Act generally—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).

Explanatory note

This amendment omits a redundant definition of the term and brings the remaining definition into line with current drafting practice.

Part 3.4Associations Incorporation Act 1991
[3.14]Section 15 (1)
substitute
(1)The Minister may declare an association to be eligible for incorporation under this Act even though the association is formed or carried on with the object of obtaining pecuniary gain, or trading or obtaining pecuniary gain, for the members of the association.
Note Power given under an Act to make a statutory instrument includes power to make different provision for different categories, eg different classes of people (see Legislation Act, s 48).

Explanatory note

This amendment updates language and omits mention of classes of associations. The Legislation Act, section 48 provides that power to make an instrument includes power to make different provisions in relation to different matters or different classes of matters. A note to this effect is added. Also, a reference to the declaration being ‘in writing’ is omitted because of the effect of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.

[3.15]Section 83 (10)
substitute
(10)The provisions of part 7 that relate to the cancellation of the incorporation of an association under the part apply in relation to the cancellation of the incorporation of an association under this section.

Explanatory note

This amendment brings language into line with current drafting practice.

[3.16]Section 121 (1) (b)
substitute
(b)in a notice given under subsection (2) or, if the association gives a notice under subsection (3), in that notice.

Explanatory note

This amendment brings language into line with current drafting practice.

[3.17]Section 127 (2)
omit
The regulations
substitute
A regulation

Explanatory note

This amendment brings language into line with current drafting practice.

[3.18]Section 127 (3)
substitute
(3)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Explanatory note

This amendment brings language into line with current drafting practice.

Part 3.5Boxing Control Act 1993
[3.19]Dictionary, definition of boxing contest
substitute
boxing contest means—
(a)for this Act generally—a contest, display or exhibition of boxing (other than a contest, display or exhibition prescribed by regulation); and
(b)for part 2 (Control of boxing contests)—see section 4.

Explanatory note

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

Part 3.6Consumer Credit (Administration) Act 1996
[3.20]Dictionary, definition of credit provider
substitute
credit provider—
(a)for this Act generally—means a credit provider under the consumer credit legislation, and includes a prospective credit provider; and
(b)for division 2.4 (Disciplinary procedures)—see section 18A.

Explanatory note

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

[3.21]Dictionary, definition of finance broker
substitute
finance broker—
(a)for this Act generally—means a person who (whether or not carrying on any other business) carries on the business of finance broking; and
(b)for division 3.4 (Disciplinary procedures)—see section 49A.

Explanatory note

This amendment combines 2 existing definitions and brings the definition into line with current drafting practice.

Part 3.7Coroners Act 1997
[3.22]Section 10
substitute

Oath to be taken by coroner or deputy coroner
(1)A coroner or deputy coroner must not exercise a function of office before taking an oath in accordance with schedule 1, part 1.1 or part 1.2.
(2)A judge of the Supreme Court or a person authorised for the purpose by the Attorney-General may administer the oath to the coroner or deputy coroner.
NoteOath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

Explanatory note

This amendment brings language into line with current drafting practice.

[3.23]Section 39 (1), new note
insert
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Explanatory note

This amendment adds a standard note about appointments.

[3.24]Section 59 (1)
substitute
(1)A coroner may appoint a person to assist the coroner in the investigation of any matter relating to an inquest or inquiry.
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Explanatory note

This amendment omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1). The amendment also adds the standard note about appointments.

[3.25]Section 72, new note
insert
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Explanatory note

This amendment adds a standard note about appointments.

Part 3.8Credit Act 1985
[3.26]New sections 2 and 2A
insert

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘billing cycle—see section 50 (1).’ means that the term ‘billing cycle’ 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.

[3.27]Section 5 (1), definition of commercial vehicle, paragraph (a)
omit
Motor Traffic Act 1936
substitute
Road Transport (General) Act 1999

Explanatory note

This amendment updates a cross-reference.

[3.28]Section 5 (1), definition of credit, paragraph (e)
substitute
(e)in relation to a loan contract—see section 15; or
(f)any prescribed transaction.

Explanatory note

This amendment adds the new signpost definitions at new paragraph (e) to bring the definition more closely into line with current drafting practice.

[3.29]Section 5 (1), definition of credit, new note
insert
NoteCredit, for part 10 (Home finance contracts)—see s 150.

[3.30]Section 5 (1), definition of credit provider
substitute
credit provider means—
(a)in relation to a credit contract—the person who provides credit under the contract in the course of a business carried on by that person; and
(b)in relation to a proposed credit contract—the person who is to provide credit under the contract in the course of a business carried on by that person; and
(c)in relation to a home finance contract, for part 10 (Home finance contracts)—see section 150.

Explanatory note

This amendment adds the new signpost definition at new paragraph (c) and brings the definition more closely into line with current drafting practice.

[3.31]Section 5 (1), definition of credit sale contract
omit
, subject to sections 13 and 14,
substitute
, subject to sections 13, 14 and 30 (1),

Explanatory note

This amendment adds a cross-reference to section 30 (1) to bring the definition more closely into line with current drafting practice.

[3.32]Section 5 (1), definition of cross-claim
substitute
cross-claim means a claim (whether by way of counterclaim, set-off or otherwise) included in a defence or other document filed by a defendant in a proceeding.

Explanatory note

This amendment updates the existing definition by omitting a cross-reference to a repealed law.

[3.33]Section 5 (1), definition of debtor
substitute
debtor means—
(a)in relation to a credit contract—the person to whom credit is provided under the contract; and
(b)in relation to a proposed credit contract—the person to whom credit is to be provided under the contract; and
(c)in relation to a home finance contract, for part 10 (Home finance contracts)—see section 150.

Explanatory note

This amendment adds the new signpost definition at new paragraph (c) and brings the definition more closely into line with current drafting practice.

[3.34]Section 5 (1), definition of loan contract
omit
, subject to section 15,
substitute
, subject to sections 15 and 30 (2),

Explanatory note

This amendment adds a cross-reference to section 30 (2) to bring the definition more closely into line with current drafting practice.

[3.35]Section 5 (1), definition of registrar
omit

Explanatory note

This amendment omits a definition that is now redundant because the term is no longer used in the Act.

[3.36]Section 5 (1), definition of supply, paragraph (a)
substitute
(a)in relation to goods, supply (including resupply) by way of sale or exchange; and
NoteResupply—see the dictionary.

Explanatory note

This amendment omits a cross-reference to the definition of resupply in existing section 5 (2) consequent on the omission of the subsection by another amendment and adds a note indicating that the term resupply is defined in the new dictionary which is inserted by another amendment.

[3.37]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.

[3.38]Section 5, remainder
omit

Explanatory note

This amendment is consequential on the relocation by another amendment of the definitions in section 5 (1) to a new dictionary that is inserted by another amendment. Definitions based on existing section 5 (2) are included in the new dictionary.

[3.39]Section 11 (2)
omit
For the definition of
substitute
For the dictionary, definition of

Explanatory note

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

[3.40]Section 121 (8)
substitute
(8)In this section:
advertisement includes a notice, sign, label, circular and matter that is not writing but conveys a message because of the form or context in which it appears.
publish, an advertisement, means publish by any means, including in a newspaper or periodical, by radio or television or in a film.

Explanatory note

This amendment remakes 2 definitions in line with the Credit Act 1987 (Qld) and omits definitions of licensee, commercial broadcasting station and commercial television station that are defined by reference to the Broadcasting Act 1942 (Cwlth), which has been repealed.

[3.41]Section 243 (a)
omit
section 5 (1)
substitute
the dictionary

Explanatory note

This amendment is consequential on the relocation of definitions to a new dictionary by another amendment.

[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:
·     ACT
·     bank
·     Chief Minister
·     corporation
·     Corporations Act
·     credit tribunal
·     disallowable instrument
·     Executive
·     individual
·     lawyer
·     notifiable instrument
·     person
·     prescribed
·     State.

agreement, in relation to the payment by a debtor for services supplied by another person—see section 9.
annual percentage rate—
(a)for this Act generally—see section 10; and
(b)in relation to a continuing credit contract—see section 55 (1).
billing cycle—see section 50 (1).
buyer, for part 2 (Contracts of sale)—see section 20 (2).
contract of guarantee, for part 10 (Home finance contracts)—see section 150.
carrying on business of providing credit—see section 16.
chargeable amount, for division 3.2 (Continuing credit contracts)—see section 52 (1).
continuing credit contract—
(a)for this Act generally—see section 48 (2); and
(b)for part 3 (Regulated contracts)—see section 49.
contract, in relation to the payment by a debtor for services supplied by another person—see section 9.
contract of guarantee, for part 10 (Home finance contracts)—see section 150.
contract of sale, for part 2 (Contracts of sale)—see section 20 (1).
court, in relation to a contract or other matter—see section 6 (1).
credit charge—
(a)for this Act generally—see section 11; and
(b)in relation to a billing cycle of a continuing credit contract—see section 54 (1).
goods and services includes—
(a)goods; or
(b)services.
guarantor, for part 10 (Home finance contracts)—see section 150.
home, for part 10 (Home finance contracts)—see section 150.
home finance contract, for part 10 (Home finance contracts)—see section 150.
mortgage, for part 4 (Regulated mortgages)—see section 89.
net balance, due to a credit provider at a particular time, for part 5 (Termination and enforcement of regulated contracts and regulated mortgages)—see section 103 (1).
outstanding balance, of an amount, charge or expense, for part 5 (Termination and enforcement of regulated contracts and regulated mortgages)—see section 103 (2).
person who buys or proposes to buy goods and services, for part 2 (Contracts of sale)—see section 20 (2).
resupply, in relation to goods bought from a person, includes—
(a)a supply of the goods to another person in an altered form or condition; and
(b)a supply to another person of goods in which the firstmentioned goods have been incorporated.
tied continuing credit contract—see section 12 (2).
tied loan contract—see section 12 (1).
unjust, for a contract or mortgage, for part 9 (Reopening of contracts)—see section 145.

Explanatory note

This amendment inserts a new dictionary in accordance with current drafting practice. It includes signpost definitions for defined terms that are not included in the existing interpretation section. The definitions of goods and services and resupply follow existing section 5 (2) which is omitted by another amendment.

Part 3.9Credit Regulation 1985
[3.43]Sections 4, 5 and 6
omit
section 5 (1)
substitute
dictionary

Explanatory note

This amendment is consequential on the relocation of definitions in the Credit Act 1985 to a new dictionary by another amendment.

Part 3.10Dangerous Substances Act 2004
[3.44]Section 15 (1) (a)
omit
; and
substitute
; or

Explanatory note

This amendment corrects the conjunction in the definition of hazard. To be a hazard under the existing definition, a thing or situation must meet the criteria stated in both paragraphs (a) and (b) of the definition. That is, it must have the potential to cause the death of or harm to a person (par (a)) and also damage property or the environment (par (b)). This is inconsistent with how these criteria are dealt with in section 15 (2) (definition of risk), section 38 (definition of dangerous occurrence, paragraph (a)) and section 148 (1) where either criterion meets the relevant test.

Part 3.11Discrimination Act 1991
[3.45]Section 6 (2)
substitute
(2)In this section:
office-holder—see the Legislative Assembly (Members’ Staff) Act 1989, dictionary.

Explanatory note

This amendment is consequential on the insertion of a dictionary into the Legislative Assembly (Members’ Staff) Act 1989 by another amendment.

[3.46]Section 97 (3)
substitute
(3)An interim order remains in force until the commission makes any of the following decisions:
(a)to refer the complaint under the HRC Act, section 51 (Referring complaints for conciliation);
(b)under the HRC Act, section 65 (1) (d) (End of conciliation), that the conciliation of the complaint is unlikely to be successful;
(c)to close the complaint under the HRC Act, section 78 (When complaints can be closed).

Explanatory note

This amendment corrects 2 references and brings the structure of the subsection into line with current drafting practice, without changing the effect or operation of the subsection. The corrections are as follows—

new section (3) (b), which replaces existing section (3) (b), refers correctly to decisions of the human rights commission under the Human Rights Commission Act 2005, section 65 (1) (d) (rather than decisions of the president of the commission as in the existing provision);
new section (3) (c), which replaces existing section (3) (a) (ii), refers correctly to decisions of the human rights commission under the Human Rights Commission Act 2005, section 78 (rather than section 77 as in the existing provision).

Part 3.12Environment Protection Act 1997
[3.47]Section 12
substitute

Authority’s functions
(1)The authority’s functions are—
(a)to administer this Act; and
(b)any other function given to the authority by this Act or another territory law.
(2)In the exercise of the authority’s functions, the authority must have regard to the objects stated in section 2.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).

Explanatory note

This amendment brings the section into line with current drafting practice. In particular, existing subsection (3), which gives the authority the powers that are necessary and convenient for the exercise of its functions, is omitted because the Legislation Act, section 196 provides that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A note to that effect is included in the substituted section. Also, the section reference in subsection (2) is updated because of the renumbering of section 3 as section 2 by another amendment.

[3.48]Section 13
substitute

Delegation by authority
The authority may delegate the authority’s functions under this Act to a public employee.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Explanatory note

[3.49]Section 17 (2) to (6)
substitute
(2)Unless the chief executive decides that the authority should make a decision in relation to the matter, the chief executive must appoint another public servant (the acting authority) to act as the authority for making a decision in relation to the matter.
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 217).

(3)The instrument of appointment must state the period for which the acting authority is appointed.
(4)For making a decision in relation to the matter, the acting authority may exercise all the functions of the authority.
(5)For this Act, a decision made by the acting authority is taken to have been made by the authority.
(6)This section does not prevent the authority from continuing to exercise the functions of the authority in relation to any other matter during the period for which the acting authority is appointed.

Explanatory note

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

Existing subsection (2) is amended by—

omitting a reference to ‘in writing’ because the Legislation Act, section 216 provides that an acting appointment must be made, or evidenced, by writing signed by the appointer;
adding the tag-term definition of acting authority for the acting appointee;
adding standard appointment notes.

Existing subsection (3) is brought into line with current drafting practice.

The remaining provisions are consequentially amended to refer to ‘acting authority’.

[3.50]Section 18 (1)
substitute
(1)No civil or criminal proceedings lie against a person who is, or has been the authority, an authorised officer or an analyst for an act or omission done honestly in the exercise or purported exercise of a function given to the person in that capacity for this Act.

Explanatory note

This amendment brings the language and structure of the subsection more closely into line with current drafting practice. In particular, it omits a reference to ‘good faith’ and substitutes ‘honestly’, which is the current drafting term.

[3.51]Section 95
substitute

Definitions—pt 11
In this part:
connected—a thing is connected with a particular offence if—
(a)the offence has been committed in relation to it; or
(b)it will afford evidence of the commission of the offence; or
(c)it was used, is being used, or is intended to be used, for the purpose of committing the offence.
enter includes board.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
premises includes vacant land, vehicles, vessels and aircraft.
residential premises means premises used exclusively or primarily for residential purposes, and includes a private room in, but not any other part of, a motel, hotel, hostel or guesthouse.

Explanatory note

This amendment remakes existing subsection (2) (definition of connected) and subsection (3) (definition of an offence) to bring the section into line with current drafting practice.

[3.52]Dictionary, definition of an offence
omit

Explanatory note

This amendment is consequential on the amendment of section 95 by another amendment which changes the definition of an offence to offence in accordance with current drafting practice.

[3.53]Dictionary, definition of environment protection policy
substitute
environment protection policy—
(a)for this Act generally—means an environment protection policy under part 4 (Environment protection policies); and
(b)for part 4—see section 23B.
NoteA reference to an instrument (including a policy) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).

Explanatory note

This amendment omits a redundant definition of the term and brings the remaining definition into line with current drafting practice.

[3.54]Dictionary, new definition of offence
insert
offence, for part 11 (Powers of authorised officers)—see section 95.

Explanatory note

This amendment is consequential on the amendment of section 95 by another amendment which changes the definition of an offence to offence in accordance with current drafting practice.

Part 3.13Evidence Act 1971
[3.55]New section 2
insert

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
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)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

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

[3.56]Section 6, definition of court
substitute
court includes—
(a)for this Act generally—any tribunal or person having authority under a law in force in the ACT or by consent of parties to receive evidence; and

(b)for part 11 (Admissibility of convictions in civil proceedings)—see section 81.

Explanatory note

This amendment updates the definition by including a signpost definition to the term for part 11.

[3.57]Section 6, definitions (as amended)
relocate to dictionary

Explanatory note

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

[3.58]Section 6, remainder
omit

Explanatory note

This amendment is consequent on the amendment above relocating the definitions to the new dictionary.

[3.59]Section 39 (1)
omit
(1)A reference in this part to a computer is a reference to—
substitute
(1)In this part:
computer means—

Explanatory note

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

[3.60]Section 81
substitute

Meaning of conviction and court—pt 11
In this part:
conviction does not include—
(a)a conviction that has been set aside or quashed; or
(b)a conviction of a person for an offence if the person has been given a pardon in relation to the offence.
court—
(a)means a court in a State or Territory; but
(b)does not include a court martial.

Explanatory note

This amendment updates language and brings the form of the definitions into line with current drafting practice.

[3.61]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
·     child
·     Commonwealth
·     oath
·     Territory.

computer, for part 7 (Admissibility of documents produced by computers)—see section 39.
conviction, for part 11 (Admissibility of convictions in civil proceedings)—see section 81.
statute, for part 8 (Proof of foreign laws and documents)—see section 46.

Explanatory note

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

Part 3.14Fisheries Regulation 2001
[3.62]Section 4A, heading
substitute

4ACommercial quantity—Act, dict, def commercial quantity

Explanatory note

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

Part 3.15Food Act 2001
[3.63]Dictionary, definition of Commonwealth Act
substitute
Commonwealth Act means the Food Standards Australia New Zealand Act 1991 (Cwlth).

Explanatory note

This amendment updates the name of the Act consequent on its renaming.

[3.64]Dictionary, definition of food authority, note
substitute
NoteAuthority is defined to mean Food Standards Australia New Zealand.

Explanatory note

This amendment updates the note consequent on the renaming of the authority.

Part 3.16Gambling and Racing Control Act 1999
[3.65]Section 10
substitute

Delegation
The commission may delegate the commission’s functions under this Act or another territory law to a public servant.
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 adds a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated. The amendment limits the class of potential delegates to public servants which reflects the gambling and racing control commission’s practice in relation to delegations.

Part 3.17Gambling and Racing Control (Code of Practice) Regulation 2002
[3.66]Section 3, note 1
substitute
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 ‘exempt lottery—see the Lotteries Act 1964, dictionary.’ means that the term ‘exempt lottery’ is defined in that dictionary and the definition applies to this regulation.

Explanatory note

This amendment is consequential on the insertion of a dictionary into the Lotteries Act 1964 by another amendment.

[3.67]Dictionary, definition of exempt lottery
substitute
exempt lottery—see the Lotteries Act 1964, dictionary.

Explanatory note

This amendment is consequential on the insertion of a dictionary into the Lotteries Act 1964 by another amendment.

Part 3.18Health Act 1993
[3.68]Section 243
omit
section
substitute
part

Explanatory note

This amendment makes a minor correction in relation to the expiry of the Act, part 21 (Transitional—Health Legislation Amendment Act 2006).

Part 3.19Heritage Act 2004
[3.69]Section 17 (5), notes
relocate after section 17 (1)

Explanatory note

This amendment relocates the notes about appointments to a more convenient place within the section.

[3.70]Section 18, note
substitute
Note 1A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Explanatory note

This amendment adds a standard note about necessary and convenient powers to the section about the heritage council’s functions.

[3.71]Dictionary, new definition of cancellation
insert
cancellation, for part 7 (Cancellation of registration)—see section 50.

Explanatory note

This amendment inserts a signpost definition for a term that is not included in the dictionary.

[3.72]Dictionary, definition of interested person
substitute
interested person means—
(a)for this Act generally—see section 13; and
(b)for part 17 (AAT review of decisions)—see section 111.

Explanatory note

This amendment brings the definition into line with current drafting practice by adding new paragraph (b) to the definition.

Part 3.20Lands Acquisition Act 1994
[3.73]Dictionary, definition of acquiring authority
substitute
acquiring authority—
(a)for this Act generally—means any of the following:
(i)the Executive;
(ii)a territory authority;
(iii)a utility; and

(b)for part 9 (Dealings in land vested in acquiring authorities—see section 97A.

Explanatory note

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

Part 3.21Leases (Commercial and Retail) Act 2001
[3.74]Section 110 (1), note
substitute
NoteSection 108 (5) and (6) sets out the circumstances in which the tenant does not have a right to a preference.

Explanatory note

This amendment corrects the section reference in the note.

Part 3.22Legal Aid Act 1977
[3.75]Section 6 (1)
substitute
(1)The Legal Aid Commission (A.C.T.) is established.

Explanatory note

This amendment brings language into line with current drafting practice.

[3.76]Section 6 (3)
omit

Explanatory note

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

[3.77]Section 7 (2) to (5)
substitute
(2)The chief executive officer is a commissioner.
(3)The Minister must appoint the other commissioners.
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 a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(4)A commissioner appointed by the Minister is appointed on a part‑time basis.

Explanatory note

This amendment brings the language of existing section 7 (2) and (3) into line with current drafting practice and adds standard notes about appointments.

Existing section 7 (4) is omitted because the Legislation Act, section 199 (5) provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership.

Existing section 7 (5) is omitted because the Legislation Act, sections 212 and 225 provide that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment.

[3.78]Section 8 (4)
substitute
(4)The Minister must present a copy of a direction under subsection (3) (a), together with a copy of the relevant funding agreement, to the Legislative Assembly no later than 15 sitting days after the day on which the direction is issued.

Explanatory note

This amendment updates language.

[3.79]Section 8A (2)
substitute
(2)The following provisions of this Act apply, in relation to the provision of legal assistance in a matter to which a funding agreement applies, only to the extent to which the provisions are not inconsistent with the funding agreement:
(a)section 10 (1) (g) (Duties of commission);
(b)section 11 (Guidelines for allocation of work);
(c)section 12 (Guidelines for provision of assistance);
(d)part 5 (Provision of legal assistance by commission);
(e)part 6 (Reconsideration and review of decisions).

Explanatory note

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

[3.80]Section 9 (1)
omit

Explanatory note

This amendment omits an unnecessary subsection. The Legislation Act, section 196 provides that a provision of law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A standard note about necessary and convenient powers is added to subsection (7) by another amendment.

[3.81]Section 9 (5)
omit
powers and duties
substitute
functions

Explanatory note

This amendment brings language more closely into line with current drafting practice. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.

[3.82]Section 9 (7), new note
insert
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity).

Explanatory note

This amendment adds a standard note about the powers of an entity and is consequential on the omission of subsection 9 (1) by another amendment.

[3.83]Section 17 (2)
substitute
(2)The commission must appoint a chief executive officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).

Explanatory note

This amendment brings language into line with current drafting practice and adds standard notes about appointments.

[3.84]Section 19
substitute

Duties of assistant executive officers
An assistant executive officer must act in accordance with the chief executive officer’s directions in relation to the management of the operations or affairs of the commission.

Explanatory note

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

[3.85]Sections 19A and 19B
substitute

19AStatutory officers of the commission to give reports
A statutory officer of the commission must, if requested by the commission, give a report in writing to the commission about—
(a)the exercise of the officer’s functions under this Act; or
(b)the policy the officer is pursuing, or proposes to pursue, in relation to the functions.

19BStatutory officers of the commission to follow directions
(1)The commission may issue directions to a statutory officer of the commission in relation to—
(a)the exercise of the officer’s functions under this Act; or
(b)the policy the officer is pursuing, or proposes to pursue, in relation to the functions.
(2)A statutory officer of the commission who is given a direction under subsection (1) must comply with the direction.

Explanatory note

This amendment brings the sections more closely into line with current drafting practice. It omits unnecessary references to ‘duties’ and ‘powers’. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power. The amendment also omits a reference to ‘furnish’ and substitutes ‘give’, which is the current drafting term.

[3.86]Section 21
substitute

Delegation
The chief executive officer may delegate the chief executive officer’s functions to another officer of the commission.
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 as follows:

the words ‘in writing’ have been omitted because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing;
existing subsection (2) is omitted because the Legislation Act, section 239 (4) provides that the exercise of a function by a delegate is taken to have been done by the appointer of the delegate;
existing subsection (3) is omitted because the Legislation Act, section 240 provides that a function that has been delegated may, despite the delegation, be exercised by the appointer.

The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.

[3.87]Section 33 (9)
substitute
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).

Explanatory note

The subsection is no longer necessary because the Legislation Act, section 177 deals with recovery amounts owing under laws. This amendment replaces the subsection with a note about the Legislation Act, section 177.

[3.88]Section 48
substitute

Term of office
(1)In this section:
commissioner does not include the chief executive officer.
(2)Subject to this division, a commissioner holds office for a period of not longer than—
(a) for the president of the commission—5 years; or
(b)for a commissioner other than the president—3 years.
(3)The instrument of appointment must state the period for which a commissioner is appointed.
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 brings the structure of the section into line with current drafting practice. It also omits an unnecessary reference to eligibility for reappointment and substitutes a standard note about reappointment.

[3.89]Section 52 (2) (a)
substitute
(a)becomes bankrupt or executes a personal insolvency agreement; or

Explanatory note

This amendment brings the paragraph into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.

[3.90]Section 56
substitute

Term of appointment of statutory officers
A statutory officer of the commission must be appointed for a term of not longer than 7 years.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Conditions of appointment
A statutory officer of the commission holds office on the conditions (if any) about matters not provided for under this Act or another territory law that are determined by the commission with the approval of the Minister.

Explanatory note

This amendment updates existing section 56 and brings it into line with current drafting practice.

[3.91]Section 58 (2), new note
insert
NoteFor the making of delegations and the exercise of delegated functions see the Legislation Act, pt 19.4.

Explanatory note

This amendment inserts a standard note about delegations.

[3.92]Section 60 (2) (a)
substitute
(a)becomes bankrupt or executes a personal insolvency agreement; or

Explanatory note

[3.93]Section 62 (2), note 2
omit

Explanatory note

This amendment omits a redundant note about the making of appointments.

[3.94]Section 78 (2) (a)
substitute
(a)becomes bankrupt or executes a personal insolvency agreement; or

Explanatory note

[3.95]Section 83 (3) and (4)
substitute
(3)The Minister must appoint the members of a consultative committee for a period of 1 year.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 3A 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 the appointment section for consultative committees to bring it into line with current drafting practice. In particular, it removes from subsection (3) the words ‘but are eligible for reappointment’ because the Legislation Act, section 208 provides that the appointer’s power to make the appointment includes the power to reappoint the appointee if the appointee is eligible to be appointed to the position.

Subsection (4) is no longer needed because the Legislation Act, section 210 provides that an appointment ends if the appointee resigns by signed notice of resignation given to the appointer.

The amendment also inserts standard notes about appointments.

[3.96]Section 84A, definition of prescribed matter
substitute
prescribed matter means any matter relating to—
(a)the operations or affairs of the commission; or
(b)the exercise by the commission of its functions under this Act; or
(c)the exercise of a function by anyone under this Act.

Explanatory note

This amendment brings the definition more closely into line with current drafting practice. It omits unnecessary references to ‘performance’, ‘duty’ and ‘power’. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power. Exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

Also, the reference to ‘operations and affairs’ of the commission in existing paragraph (a) is changed to ‘operations or affairs’ to make it clear that the matter could relate to operations or affairs, or both.

[3.97]Section 91 (1)
substitute
(1)The commission must indemnify an officer of the commission against any liability incurred by the officer for a negligent act or omission in the honest exercise or purported exercise of the officer’s functions.

Explanatory note

This amendment brings the subsection more closely into line with current drafting practice. It omits an unnecessary reference to ‘duties’. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power. The amendment also omits a reference to ‘good faith’ and substitutes ‘honest’, which is the current drafting term.

[3.98]Section 91 (3) and (4)
substitute
(3)The commission has the same liability for acts or omissions by an officer of the commission in the exercise of the officer’s functions as an employer has for any acts or omissions by the employer’s employees.
(4)A member of the commission, a review committee or a consultative committee is not liable for any act or omission of the member, commission, or committee of which he or she is a member, if the act was done, or the omission occurred, in the honest exercise or purported exercise of the member’s functions.

Explanatory note

This amendment brings the subsections more closely into line with current drafting practice. The amendment omits references in subsection (3) to ‘master’ and ‘servants’ and substitutes references to ‘employer’ and ‘employees’. The amendment also omits a reference in subsection (4) to ‘good faith’ and substitutes ‘honest’, which is the current drafting term.

[3.99]Section 99 (2), new note
insert
NoteFor other provisions about forms, see the Legislation Act, s 255.

Explanatory note

This amendment inserts a standard note about forms.

[3.100]Further amendments, mentions of duties
omit
duties
substitute
functions
in
·     section 24
·     section 61
·     section 68A (2) (b) and (9), definition of unjustified discrimination
·     section 79
·     section 84 (2)

Explanatory note

This amendment updates language. Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.

[3.101]Further amendments, mentions of perform
omit
perform
substitute
exercise
in
·     section 20 (1)
·     section 22
·     section 82 (2)
·     section 83 (2)
·     section 94 (1)

Explanatory note

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

[3.102]Further amendments, mentions of performance
omit
performance
substitute
exercise
in
·     section 7 (1)
·     section 10
·     section 17 (3)
·     section 22 (8)
·     section 24
·     section 37 (5)
·     section 54 (1)
·     section 61
·     section 79
·     section 80 (1)
·     section 82 (1)
·     section 84 (2)
·     section 92 (2) (a) and (3)

Explanatory note

[3.103]Further amendments, mentions of performing
omit
performing
substitute
exercising
in
· section 13 (1) and (3)
· section 22 (6)

Explanatory note

[3.104]Further amendments, mentions of performs
omit
performs
substitute
exercises
in
· section 13 (2)
· section 84E (2)

Explanatory note

[3.105]Further amendments, mentions of persons
omit
persons
substitute
people
in
·     section 7 (1)
·     section 10 (1)
·     section 11
·     section 20 (1)
·     section 24
·     section 25 (6)
·     section 32
·     section 33 heading
·     section 34 heading
·     section 37 (5)
·     section 55 (1)
·     section 81 (1)
·     section 82 (2)
·     section 83
·     section 84C

Explanatory note

This amendment updates language.

Part 3.23Legislative Assembly (Members’ Staff) Act 1989
[3.106]Section 1
substitute

Name of Act
This Act is the Legislative Assembly (Members’ Staff) Act 1989.

Explanatory note

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

[3.107]Section 3, definitions
relocate to dictionary

Explanatory note

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

[3.108]Section 3 (remainder)
substitute

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘relevant chief executive—see the PSM Act.’ means that the term ‘relevant chief executive’ is defined in that Act and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

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

[3.109]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 Minister
·     disallowable instrument
·     Executive instrument.

Explanatory note

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

Part 3.24Liquor Act 1975
[3.110]Section 11, new note
insert
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Explanatory note

This amendment adds a standard note about the powers of an entity.

[3.111]Section 13
substitute

Appointment of members
(1)The Minister must not appoint a person to be the chairperson unless the person has been a lawyer for at least 5 years.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see 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)A member (other than the registrar) must not be appointed for more than 5 years.
(3)A member holds office on a part-time basis.
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 brings the section into line with current drafting practice. In particular, existing subsection (2) is amended as follows:

omitting a reference to an appointment being in writing because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, by writing signed by the appointer;
omitting a reference to the period of appointment being specified in the instrument 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.

Standard notes about the making of appointments have also been added.

[3.112]Section 18 (2) (a)
substitute
(a)if the member becomes bankrupt or executes a personal insolvency agreement; or

Explanatory note

[3.113]Section 32
substitute

Revocation of cautions
(1)The chief police officer may revoke a caution if satisfied that—
(a)the caution was not issued in accordance with section 31; or
(b)the young person to whom the caution was issued was not apprehended in accordance with section 30 (1) or (2) (People under 18—powers of inspectors and police officers).
(2)If the chief police officer revokes a caution, the chief police officer must—
(a)arrange for the caution to be removed from police records and destroyed; and
(b)take reasonable steps to notify the person to whom the caution was issued of the revocation; and
(c)notify the registrar of the revocation.

Explanatory note

This amendment updates the section to bring it more closely into line with current drafting practice. In particular, the references to the commissioner of police are changed to the chief police officer. The chief police officer is the police officer responsible to the commissioner of police of the Australian Federal Police for the day-to-day administration and control of police services in the ACT.

[3.114]Section 162, definition of matter
omit
, being a matter

Explanatory note

This amendment omits unnecessary words.

[3.115]Section 172 (1)
substitute
(1)No civil or criminal proceedings lie against a member in relation to an act or thing done honestly by the member in his or her capacity as a member.

Explanatory note

This amendment brings the subsection more closely into line with current drafting practice. In particular, it omits a reference to ‘good faith’ and substitutes ‘honestly’, which is the current drafting term.

Part 3.25Litter Act 2004
[3.116]Dictionary, definition of public place, paragraph (a)
omit
; and
substitute
; or

Explanatory note

This amendment brings the conjunction at the end of paragraph (a) of the definition into line with current drafting practice.

Part 3.26Long Service Leave (Building and Construction Industry) Regulation 1984
[3.117]Section 1
omit
1988
substitute
1984

Explanatory note

This amendment corrects the name of the regulation.

[3.118]Section 2
omit
section 3 (1)
substitute
dictionary

Explanatory note

This amendment updates a reference to a provision of the Act.

Part 3.27Lotteries Act 1964
[3.119]Section 2 (1), definitions
relocate to dictionary

Explanatory note

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

[3.120]Section 2 (remainder)
substitute

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
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)).

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.

When lottery taken to be conducted
For this Act, a lottery is being conducted from when the first subscription to the lottery is paid until all the prizes in the lottery are distributed.

Explanatory note

This amendment adds standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment. The definition in existing section 2 (2) is remade as new section 3.

[3.121]Section 19
omit

Explanatory note

This amendment omits a redundant provision about delegation. The Gambling and Racing Control Act 1999, section 10 gives the gambling and racing commission power to delegate any of its functions, including functions under the Lotteries Act 1964.

[3.122]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:
·     disallowable instrument
·     Executive
·     penalty unit.

exempt lottery—see section 6 (1).

Explanatory note

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

Part 3.28Nature Conservation Act 1980
[3.123]Section 11
substitute

Delegation by conservator
The conservator may delegate the conservator’s functions under this Act to a conservation officer.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Explanatory note

[3.124]Section 13
substitute

Establishment of Flora and Fauna Committee
The Flora and Fauna Committee is established.

Explanatory note

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

[3.125]Section 14, new note
insert
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Explanatory note

This amendment adds a standard note about the powers of an entity and is consequential on the omission of section 16 by another amendment.

[3.126]Section 16
omit

Explanatory note

This amendment omits section 16. It states that the flora and fauna committee has power to do all things necessary or convenient to be done in connection with the performance of its functions. This is unnecessary because the Legislation Act, section 196 provides that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function.

[3.127] Section 17 (1)
substitute
(1)The committee consists of 7 members appointed by the Minister, at least 2 of whom must not be public servants.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

Explanatory note

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

The amendment also inserts standard appointment notes.

[3.128]Section 17 (4) and (5)
substitute
(4)A member must not be appointed for more than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).

(5)A member holds office on the conditions (if any) about matters not provided for by this part that are determined in writing by the Minister.

Explanatory note

This amendment brings the subsections into line with current drafting practice. In particular, existing subsection (4) is remade to omit the reference to holding office for the period specified in the instrument of appointment. 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.

[3.129]Dictionary, new definition of member
insert
member, in relation to the committee, means a member of the committee.

Explanatory note

This amendment inserts a definition of member for the flora and fauna committee.

Part 3.29Oaths and Affirmations Act 1984
[3.130]Dictionary, definitions of court and proceeding
substitute
court—see the Evidence Act 1971, dictionary.
proceeding—see the Evidence Act 1971, dictionary.

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Evidence Act 1971 by another amendment.

Part 3.30Payroll Tax Act 1987
[3.131]Section 4 (8), definition of regulated contract
substitute
regulated contract—see the Credit Act 1985, dictionary.

Explanatory note

This amendment is consequential on the insertion of a new dictionary into the Credit Act 1985 by another amendment.

Part 3.31Pool Betting Act 1964
[3.132]Section 3, definitions
relocate to dictionary

Explanatory note

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

[3.133]Section 3 (remainder)
substitute

Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
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)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Explanatory note

This amendment adds standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment. The definitions in existing section 3 are included in the new dictionary which is inserted by another amendment.

[3.134]Section 13A (2) (a)
omit
, in writing,

Explanatory note

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

[3.135]Section 14
omit

Explanatory note

[3.136]New dictionary
insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
·     Executive
·     exercise
·     disallowable instrument
·     gambling and racing commission
·     penalty unit
·     State
·     Territory.

Explanatory note

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

Part 3.32Public Sector Management Act 1994
[3.137]Dictionary, definition of chief executive
substitute
chief executive means—
(a)for this Act generally—a person employed under section 28 (Chief executives—engagement) or section 30 (Chief executives—temporary contracts) to perform the duties of an office of chief executive; and
(b)for division 9.6 (Disciplinary appeal committees)—see section 203.

Explanatory note

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

[3.138]Dictionary, definition of employee
omit everything before paragraph (a) (i), substitute
employee means—
(a)for this Act generally—

Explanatory note

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

Part 3.33Registrar-General Act 1993
[3.139]Section 4A (4)
omit
of tobacco

(commencement: 12 April 2007)

Explanatory note

This amendment corrects a minor error in an amendment by the Statute Law Amendment Act 2007 which commenced on 12 April 2007.

Part 3.34Wills Act 1968
[3.140]Dictionary, definition of will
substitute
will includes—
(a)for this Act generally—a codicil; and
(b)for part 4 (Miscellaneous)—see section 17.

Explanatory note

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

Part 3.35Workers Compensation Act 1951
[3.141]Section 6
omit
the injured worker
substitute
an injured worker

Explanatory note

Section 6 defines the term totally incapacitated. This amendment brings the definition into line with current drafting practice.

[3.142]Section 7
omit
the injured worker
substitute
an injured worker

Explanatory note

Section 7 defines the term partially incapacitated. This amendment brings the definition into line with current drafting practice.

[3.143]Section 86
substitute

85AMeaning of injured worker and personal injury plan—Act
In this Act:
injured worker means a worker who has received a workplace injury.
personal injury plan, for a worker, means a plan for coordinating and managing the aspects of injury management that relate to medical treatment and rehabilitation services for the worker to achieve a timely, safe and durable return to work for the worker.

Definitions—ch 5
In this chapter:
employer—see section 87.
injury management means a process that consists of activities and procedures that are carried out or established to achieve a timely, safe and durable return to work for injured workers.
injury management program means a coordinated and managed program that integrates all aspects of injury management (including medical treatment, rehabilitation services, claims management and employment management practices) to achieve the best results for a timely, safe and durable return to work of injured workers.
injury notice—see section 93 (2) (Early notification of workplace injury).
insurer—see section 86A and section 87.
nominated treating doctor, for an injured worker, means the doctor or medical practice nominated under section 102 (Nomination of doctor for personal injury plan).
workplace injury means an injury in relation to which compensation is or may be payable under this Act.

Explanatory note

Existing section 86 (Definitions—ch 5) defines terms for the Act generally and for chapter 5. This amendment splits section 86 into 2 sections: new section 85A which defines terms for the Act and new section 86 which defines terms for chapter 5.

The existing definition of personal injury plan is defined in existing section 86 (1) for the Act. While the term is used in the Act outside chapter 5, the dictionary definition of the term limits the defined meaning to chapter 5. The definition is included in new section 85A for the Act (and another amendment below revises the dictionary definition to apply it to the Act generally).

The existing definition of injured worker is defined in existing section 86 (2) for chapter 5. However, the dictionary definition of the term applies the definition to the Act generally (see Legislation Act, s 156 (1), example 3). Accordingly, the definition is included in new section 85A for the Act and the dictionary definition is consequentially amended by another definition.

The existing definitions of injury management, injury management program and nominated treating doctor are defined in existing section 86 (2) for chapter 5. The terms are used only in the chapter and the definitions are included in new section 86 for chapter 5.

The existing definition of injury notice is defined in existing section 86 (2) for chapter 5. (Section 120 defines the term for the purposes of chapter 6.) The definition is included in new section 86 for chapter 5.

The existing definition of workplace injury is defined in existing section 86 (2) for chapter 5. The term is used only in the chapter and the definition is included in new section 86 for chapter 5.

New section 86 includes new signpost definitions of employer and insurer in accordance with current drafting practice.

[3.144]Section 165, definition of claims manager
omit
appointed
substitute
engaged

Explanatory note

Under section 166F (1) the default insurance fund manager may ‘engage’ consultants. This amendment makes the definition consistent with section 166F (1) and (2).

[3.145]Section 166F (4)
omit
appointment
substitute
engagement

Explanatory note

This amendment is related to the amendment above of the definition of claims manager and makes the terminology of subsection (4) consistent with subsections (1) and (2), which refer to the engagement of consultants.

[3.146]Section 166H (3)
omit
appointment
substitute
engagement

Explanatory note

Under section 166H (1) a default insurance fund actuary is engaged by the fund’s manager. This amendment makes the terminology of subsection (3) consistent with subsection (1).

[3.147]Section 186
substitute

Discharge of liability out of payments into court
(1)This section applies if—
(a)a worker or a dependant of a deceased worker is liable under section 183 (Remedies both against the employer and a stranger) or section 185 (Dependants recovering damages and not claiming compensation) to pay an amount to the worker’s employer; and
(b)the Magistrates Court or a person appointed by the Magistrates Court for the purpose holds on behalf of the worker or dependant—
(i)an amount (a relevant amount) of compensation payable for the benefit of, or of damages awarded to, the worker or dependant; or
(ii)investments (relevant investments) acquired out of a relevant amount.
(2)If the Magistrates Court or person holds a relevant amount, the court or person must—
(a)deduct from the relevant amount an amount not exceeding the amount that the worker or dependant is liable to pay the employer; and
(b)pay the amount deducted to the employer.
(3)If the Magistrates Court or person holds relevant investments, the court or person must—
(a)realise some or all of the investments; and
(b)deduct from the proceeds of the realisation an amount not exceeding the amount that the worker or dependant is liable to pay the employer; and
(c)pay the amount deducted to the employer.
(4)The payment of an amount under subsection (2) or (3) is a discharge, to the extent of the amount paid, of the liability of—
(a)the worker or dependant to the employer; and
(b)the Magistrates Court or other person to the worker or dependant.

Explanatory note

This amendment recasts the section to bring its structure into line with current drafting practice.

[3.148]Section 201 (1)
substitute
(1)The Minister may appoint 1 or more doctors as medical referees for this Act.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Explanatory note

This amendment amends the subsection by omitting a reference to ‘in writing’ because the Legislation Act, section 216 provides that an acting appointment must be made, or evidenced, by writing signed by the appointer. The amendment also adds a standard appointment note.

[3.149]Section 201 (2)
omit
to be
substitute
as

Explanatory note

This amendment brings this provision into line with section 201 (1) as remade by the amendment above.

[3.150]Section 201 (4)
omit
appointed to be
substitute
appointed as

Explanatory note

This amendment brings this provision into line with section 201 (1) as remade by another amendment.

[3.151]Section 223 (3)
substitute
(3)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Explanatory note

This amendment brings language into line with current drafting practice.

[3.152]Schedule 2 heading
substitute

Schedule 2Adjacent areas for States and Territories

Explanatory note

This amendment provides a more descriptive heading for the schedule.

[3.153]Dictionary, definitions of committee
substitute
committee—
(a)for a matter arising under the Act between an employer and the employer’s workers—means a committee that—
(i)represents the employer and workers; and
(ii)has the power to decide the matter; and

(b)for schedule 3 (DI fund advisory committee)—see schedule 3, section 3.1.

Explanatory note

This amendment combines 2 separate definitions of the term in accordance with current drafting practice.

[3.154]Dictionary, new definitions of connected and continental shelf
insert
connected, for chapter 10 (Inspection)—see section 187.
continental shelf, for schedule 2 (Adjacent areas for States and Territories)—see schedule 2, section 2.1.

Explanatory note

This amendment inserts signpost definitions for defined terms not included in the dictionary.

[3.155]Dictionary, definition of employer
substitute
employer—
(a)for this Act generally—see section 5; and
(b)for part 4.2A (Employment connection with ACT or State)—see section 36A (2); and
(c)for chapter 5 (Injury management process)—see section 87; and
(d)for part 9.2 (Choice of law)—see section 182A (1).

Explanatory note

This amendment brings paragraph (a) into line with current drafting practice.

[3.156]Dictionary, definition of injured worker
substitute
injured worker—see section 85A.

Explanatory note

This amendment is consequential on the relocation of the definition from existing section 86 (2) to new section 85A by another amendment.

[3.157]Dictionary, definition of injury
substitute
injury—
(a)for this Act generally—see section 4; and
(b)for chapter 9 (Common law damages claims)—see section 180.

Explanatory note

This amendment brings the definition into line with current drafting practice by omitting a note referring to section 180 and adding paragraph (b).

[3.158]Dictionary, definition of insurer, paragraph (a) (ii)
omit
of the worker
substitute
of a worker

Explanatory note

This amendment makes a minor correction to the definition.

[3.159]Dictionary, new definitions of occupier and offence
insert
occupier, for chapter 10 (Inspection)—see section 187.
offence, for chapter 10 (Inspection)—see section 187.

Explanatory note

This amendment inserts signpost definitions for defined terms not included in the dictionary.

[3.160]Dictionary, definition of personal injury plan
substitute
personal injury plan—see section 85A.

Explanatory note

This amendment removes the limited application of the existing dictionary definition to chapter 5. Existing section 86 (1) defines the term for the Act and new section 85A, which is inserted by another amendment above, will define the term for the Act.

[3.161]Dictionary, new definition of Petroleum (Submerged Lands) Act
insert
Petroleum (Submerged Lands) Act, for schedule 2 (Adjacent areas for States and Territories)—see schedule 2, section 2.1.

Explanatory note

This amendment inserts a signpost definition for a term not included in the dictionary.

[3.162]Dictionary, new definition of premises
insert
premises, for chapter 10 (Inspection)—see section 187.

Explanatory note

This amendment inserts a signpost definition for a term not included in the dictionary.

[3.163]Dictionary, definition of protocol
substitute
protocol—
(a)for this Act generally—means a protocol, approved by regulation, prescribing how certain activities under this Act should be performed; and
(b)for chapter 7 (Vocational rehabilitation)—see section 141.

Explanatory note

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

[3.164]Dictionary, new definitions of Seas and Submerged Lands Act and territorial sea
insert
Seas and Submerged Lands Act, for schedule 2 (Adjacent areas for States and Territories)—see schedule 2, section 2.1.
territorial sea, for schedule 2 (Adjacent areas for States and Territories)—see schedule 2, section 2.1.

Explanatory note

This amendment inserts signpost definitions for defined terms not included in the dictionary.

[3.165]Dictionary, definition of worker
substitute
worker—
(a)for this Act generally—see chapter 3; and
(b)for part 4.2A (Employment connection with ACT or State)—see section 36A (2); and
(c)for part 9.2 (Choice of law)—see section 182A (1).

Explanatory note

This amendment revises paragraph (a) to bring the definition into line with current drafting practice.

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 3 May 2007.
Notification
Notified under the Legislation Act on 20 June 2007.
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 (No 2), which originated in the Legislative Assembly as the Statute Law Amendment Bill 2007 and was passed by the Assembly on 5 June 2007.
Clerk of the Legislative Assembly
© Australian Capital Territory 2007