Statute Law Amendment Act 2013 (ACT)

Statute Law Amendment Act 2013

A2013-19

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Notes  2

4            Purpose of Act  2

5            Legislation amended—schs 1–3  2

6            Legislation repealed—sch 4  2

Schedule 1 Minor amendments  3

Part 1.1    Health Act 1993  3

Part 1.2    Ombudsman Act 1989  4

Part 1.3    Road Transport (Third-Party Insurance) Act 2008            4

Schedule 2 Legislation Act 2001  6

Schedule 3 Technical amendments  7

Part 3.1    Administrative Decisions (Judicial Review) Act 1989       7

Part 3.2    Animal Diseases Regulation 2006  7

Part 3.3    Building Act 2004  9

Part 3.4    Building and Construction Industry Training Levy Act 1999 14

Part 3.5    Building (General) Regulation 2008  15

Part 3.6    Civil Law (Sale of Residential Property) Regulation 2004   20

Part 3.7    Corrections Management Act 2007  21

Part 3.8    Court Procedures Act 2004  23

Part 3.9    Crimes (Sentencing) Act 2005  28

Part 3.10   Criminal Code 2002  31

Part 3.11   Cultural Facilities Corporation Act 1997  34

Part 3.12   Domestic Animals Act 2000  35

Part 3.13   Domestic Animals Regulation 2001  36

Part 3.14   Duties Act 1999  37

Part 3.15   Enclosed Lands Protection Act 1943  47

Part 3.16   Environment Protection Act 1997  47

Part 3.17   Environment Protection Regulation 2005  55

Part 3.18   Evidence (Miscellaneous Provisions) Act 1991              60

Part 3.19   Exhibition Park Corporation Act 1976  61

Part 3.20   Fair Trading (Australian Consumer Law) Act 1992          62

Part 3.21   Financial Management Act 1996  62

Part 3.22   Gambling and Racing Control Act 1999  64

Part 3.23   Gaming Machine Act 2004  67

Part 3.24   Gaming Machine Regulation 2004  73

Part 3.25   Gas Safety Regulation 2001  75

Part 3.26   Long Service Leave (Portable Schemes) Act 2009          76

Part 3.27   Magistrates Court (Liquor Infringement Notices) Regulation 2010       78

Part 3.28   Magistrates Court Regulation 2009  79

Part 3.29   Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010  80

Part 3.30   Magistrates Court (Tobacco Infringement Notices) Regulation 2010     80

Part 3.31   Ombudsman Act 1989  81

Part 3.32   Planning and Development Act 2007  82

Part 3.33   Planning and Development Regulation 2008                 87

Part 3.34   Retirement Villages Act 2012  89

Part 3.35   Road Transport (Alcohol and Drugs) Act 1977             138

Part 3.36   Road Transport (Driver Licensing) Act 1999                143

Part 3.37   Road Transport (Driver Licensing) Regulation 2000       144

Part 3.38   Road Transport (General) Act 1999  148

Part 3.39   Road Transport (General) Regulation 2000                 150

Part 3.40   Road Transport (Mass, Dimensions and Loading) Act 2009 151

Part 3.41   Road Transport (Mass, Dimensions and Loading) Regulation 2010     152

Part 3.42   Road Transport (Public Passenger Services) Act 2001    153

Part 3.43   Road Transport (Public Passenger Services) Regulation 2002  154

Part 3.44   Road Transport (Safety and Traffic Management) Act 1999 156

Part 3.45   Road Transport (Third-Party Insurance) Act 2008         159

Part 3.46   Road Transport (Vehicle Registration) Act 1999           159

Part 3.47   Road Transport (Vehicle Registration) Regulation 2000   160

Part 3.48   Tree Protection Act 2005  169

Part 3.49   Utility Networks (Public Safety) Regulation 2001           170

Part 3.50   Waste Minimisation Act 2001  171

Part 3.51   Water and Sewerage Act 2000  172

Part 3.52   Water and Sewerage Regulation 2001  174

Part 3.53   Water Resources Act 2007  180

Part 3.54   Work Health and Safety Act 2011  183

Part 3.55   Working with Vulnerable People (Background Checking) Act 2011     183

Schedule 4 Repeal of redundant or obsolete legislation      185

Part 4.1    Annual Leave Act 1973  185

Part 4.2    Truck Act 1900  185

Statute Law Amendment Act 2013

A2013-19

An Act to amend legislation for the purpose of statute law revision, and for other purposes

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

1. Name of Act

   This Act is the Statute Law Amendment Act 2013.

2. Commencement

   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)).

3. 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.

4. Purpose of Act

   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.

5. Legislation amended—schs 1–3

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

6. Legislation repealed—sch 4

   This Act repeals the legislation mentioned in schedule 4.

Schedule 1Minor amendments

(see s 5)

Part 1.1Health Act 1993

[1.1]Section 106 (5) (b)

substitute

(b)must include a requirement that the arbitrator—

(i)be a person with experience in determining industrial awards or a barrister with mediation experience; and

(ii)have appropriate experience to enable the arbitrator to carry out the arbitrator’s role; and

Explanatory note

Section 106 provides an arbitration process to resolve matters relating to establishing core conditions for service contracts for visiting medical officers that are not resolved by negotiations under section 103 or mediation (see section 106 (2)). This amendment broadens the field from which arbitrators can be selected under section 106 (5) (b) and clarifies the reference to ‘appropriate experience’.

Part 1.2Ombudsman Act 1989

[1.2]Section 23 (2)

omit

Explanatory note

Section 23 (1) provides that the appointment of the ombudsman must not be longer than 7 years. Section 23 (2) provides that a person who is 65 years old or older must not be appointed as ombudsman, and the appointment of an ombudsman must not extend beyond the ombudsman’s 65th birthday. This amendment makes section 23 consistent with the Ombudsman Act 1976 (Cwlth), section 22 (Tenure of office) and allows the ACT to appoint a person as ombudsman who is, or will be, 65 years old or older during the term of the appointment.

The ombudsman for the ACT currently holds office under the ACT Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 28. Section 28 (3) of that Act provides that the person currently holding office as Ombudsman under the Ombudsman Act 1976 (Cwlth) is taken to be the ACT ombudsman until the appointment of the ACT ombudsman under ACT law.

Part 1.3Road Transport (Third-Party Insurance) Act 2008

[1.3]Section 72 (2)

omit everything before paragraph (a), substitute

(2)However, the documents mentioned in subsection (1) (c) may be given to the insurer of a person identified in the police report as being at fault in the motor accident within the period mentioned in that subsection if the injured person—

Explanatory note

This amendment is consequential on the inclusion of new section 72 (4) to (6) by another amendment. This amendment also updates language in line with current legislative drafting practice.

[1.4]Section 72 (3)

omit everything before paragraph (a), substitute

(3)If the person has applied for a police report but has not received it in time to comply with the time limit mentioned in subsection (1) (c), it is sufficient if—

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[1.5]New section 72 (4) to (6)

insert

(4)If the person is under a legal disability, the period mentioned in subsection (1) (c) begins when the legal disability ends.

(5)However, subsection (4) does not prevent the person, or someone acting for the person, from complying with this section while the person is under a legal disability.

(6)In this section:

legal disability—a person is under a legal disability in the circumstances in which a person is under a disability for the Limitation Act 1985.

Explanatory note

This amendment revises section 72 to exclude a person entitled to early payment for medical expenses under chapter 3 from the requirement to comply with the time limit under that section while the claimant is under a legal disability. This amendment brings chapter 3 into line with chapter 4. Section 98 in that chapter excludes a claimant for compensation who is under a legal disability from the requirement to comply with a time limit under chapter 4.

Schedule 2Legislation Act 2001

(see s 5)

[2.1]Section 31, definition of scrutiny committee principles

substitute

scrutiny committee principles means the terms of reference of the Legislative Assembly standing committee performing the duties of a scrutiny of bills and subordinate legislation committee that apply to subordinate laws and disallowable instruments.

Explanatory note

This amendment updates the definition as a consequence of a change in the name of the committee.

Schedule 3Technical amendments

(see s 5)

Part 3.1Administrative Decisions (Judicial Review) Act 1989

[3.1]Section 10 (6), definition of relevant day, paragraph (d)

after

decision

insert

is given to the applicant

Explanatory note

Statute Law Amendment Act 2005 (No 2) remade section 10 to bring the language and structure of the section more closely into line with current legislative drafting practice. In the course of remaking section 10, some words from the definition of relevant day, paragraph (d) were inadvertently omitted. Without the words, the paragraph does not make sense. This amendment revises the definition to reinsert the missing words.

Part 3.2Animal Diseases Regulation 2006

[3.2]Sections 8 (3) and 41 (2), new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2) to assist legislation users.

[3.3]Dictionary, note 2

omit

·     person

insert

·     person (see s 160)

Explanatory note

This amendment updates the term in line with current legislative drafting practice.

[3.4]Dictionary, note 3

insert

·     chief veterinary officer

Explanatory note

This amendment inserts a new term to assist legislation users and is consequential on another amendment.

[3.5]Dictionary, note 3

omit

·     director

Explanatory note

This amendment omits a redundant term.

[3.6]Further amendments, mentions of director

omit

director

substitute

chief veterinary officer

in

·     section 15 (2) (c)

·     section 28 (d) and (e)

·     section 35 (1) and (2)

·     section 44 (3)

·     dictionary, definition of approved vaccine

Explanatory note

This amendment updates the regulation to reflect the change of title of the Director of Veterinary Health to ‘Chief Veterinary Officer’ in the Animal Diseases Act 2005 made by the Animal Diseases Amendment Act 2009.

Part 3.3Building Act 2004

[3.7]Section 14D (2), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.8]Sections 19A (2), 19E (2) and 20 (4), new note

insert

NoteAn appointment must be in writing (see Legislation Act, s 206).

Explanatory note

This amendment inserts a standard note about appointments.

[3.9]Section 26B (2), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.10]Section 28A (5), new definition of asbestos advice

after the note, insert

asbestos advice—see the Dangerous Substances Act 2004, section 47J.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 28A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.11]Section 32B (2), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.12]Section 97 (2) (b), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.13]Section 122 (1), new note

insert

NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Explanatory note

This amendment inserts a standard note about appointments.

[3.14]Section 139B (4)

omit

(or provision of an instrument)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.15]Section 139B (4), new note

insert

NoteA reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.16]Dictionary, definition of asbestos advice

omit

Explanatory note

This amendment omits a definition that is made redundant as a result of another amendment.

[3.17]Dictionary, definition of completion day

omit

section 84

substitute

section 85

Explanatory note

This amendment corrects a cross-reference.

[3.18]Dictionary, definition of eligible entity

omit

section 17

substitute

section 18

Explanatory note

This amendment corrects a cross-reference and brings the provision into line with current legislative drafting practice.

[3.19]Dictionary, definition of removal

omit

Explanatory note

This amendment omits a definition that is no longer used in the Act. The term is, however, used in the Building (General) Regulation 2008 and has been relocated to the regulation by another amendment.

[3.20]Dictionary, definition of special actuary

omit

section 84

substitute

section 122

Explanatory note

This amendment corrects a cross-reference and brings the provision into line with current legislative drafting practice.

Part 3.4Building and Construction Industry Training Levy Act 1999

[3.21]Section 6, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.22]Section 25 (1)

omit

in writing

Explanatory note

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

[3.23]Dictionary, definition of authority

after

Building and Construction Industry Training Fund Authority

insert

established under section 4

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

Part 3.5Building (General) Regulation 2008

[3.24]New section 4A

in part 1, insert

4AOffences against regulation—application of Criminal Code etc

Other legislation applies in relation to offences against this regulation.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (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 information provision that states that the Criminal Code applies to all offences against this regulation.

[3.25]Section 6 (6), definition of minor maintenance

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.26]Section 7D (e)

omit

a natural person

substitute

an individual

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.27]Section 13 (2) (a), new note

insert

NoteAS 2601 may be purchased at note

This amendment adds a note about where the standard may be purchased.

[3.28]New section 13 (3)

insert

(3)In this section:

removal, of a building––

(a)means the removal of the building from a place for re-erection, with or without further alteration, at another place; and

(b)includes the demolition of part of the building removed or proposed to be removed.

Explanatory note

This amendment relocates a definition of a term from the Building Act 2004, dictionary to the regulation, section 13 because the term is used only in that section.

[3.29]Section 17 (2), example 3

omit

associated with

substitute

with associated

Explanatory note

This amendment corrects a minor typographical error.

[3.30]Section 17 (2), new note

insert

Note 1AAustralian standards may be purchased at note

This amendment adds a note about where the standards may be purchased.

[3.31]Section 17 (8), definitions of AS 1684, AS 2870, AS 3623 and AS 3700

omit

Australian Standard

substitute

AS

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.32]Schedule 1, section 1.1, definition of AS 1742

substitute

AS 1742 means AS 1742 (Manual of uniform traffic control devices), as in force from time to time.

NoteAustralian standards may be purchased at note

This amendment updates language in line with current legislative drafting practice and adds a note about where the standards may be purchased.

[3.33]Schedule 1, section 1.1, new definition of AS 3533

insert

AS 3533 means AS 3533 (Amusement rides and devices––Design and construction), as in force from time to time.

Explanatory note

This amendment inserts a definition of a term used in the regulation, schedule 1.

[3.34]Schedule 1, section 1.1, definition of AS/NZS 3845

omit

Australian and New Zealand Standard

Explanatory note

This amendment omits unnecessary words and brings the provision into line with current legislative drafting practice.

[3.35]Dictionary, note 2

insert

·     AS (see s 164 (1))

·     AS/NZS (see s 164 (2))

Explanatory note

Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts new terms mentioned in the regulation and defined in the Legislation Act, dictionary, part 1.

[3.36]Dictionary, definition of AS 1100

substitute

AS 1100 means AS 1100 (which is about technical drawing) as in force from time to time, and includes AS/NZS 1100.501.

NoteAustralian standards  may be purchased at note

This amendment updates language  in line with current legislative drafting practice and adds a note about where the standards may be purchased.

[3.37]Dictionary, new definition of AS 3533

insert

AS 3533, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.

Explanatory note

This amendment inserts a signpost definition for a term defined elsewhere in the regulation.

Part 3.6Civil Law (Sale of Residential Property) Regulation 2004

[3.38]Section 7 (8), definition of AS 4349.1 and note

substitute

AS 4349.1 means AS 4349.1 (Inspection of buildings – Pre‑purchase inspections – Residential buildings), as in force from time to time.

NoteAS 4349.1 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.39]Section 10 (6), definition of AS 4349.3 and note

substitute

AS 4349.3 means AS 4349.3 (Inspection of buildings – Timber pest inspections), as in force from time to time.

NoteAS 4349.3 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.40]Dictionary, note 2

insert

·     AS (see s 164)

Explanatory note

Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1. This amendment  inserts a term mentioned in the regulation and defined in the Legislation Act, dictionary, part 1.

Part 3.7Corrections Management Act 2007

[3.41]Section 65 (1)

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.42]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.43]Dictionary, definition of administrative penalty

substitute

administrative penalty—see section 184.

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.44]Dictionary, definition of charge notice

substitute

charge notice—see section 159.

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.45]Dictionary, definition of corresponding corrections law

omit

Explanatory note

This amendment omits a redundant definition.  A corresponding corrections law is a law of a State or another Territory declared to be a corresponding corrections law under section 225. Outside of section 225, the term is used only in section 222 and is defined in section 222 (1) for the section.

[3.46]Dictionary, definitions of disciplinary action and disciplinary breach

substitute

disciplinary action—see section 183.

disciplinary breach—see section 152.

Explanatory note

This amendment updates definitions in line with current legislative drafting practice.

[3.47]Dictionary, definition of investigator

substitute

investigator—see section 153.

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.48]Dictionary, definition of privilege

substitute

privilege, in relation to a detainee—see section 154.

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

Part 3.8Court Procedures Act 2004

[3.49]New section 68A

in division 7A.1, insert

68ADefinitions—pt 7A and div 7A.1

(1)In this part:

care and protection chapters means the care and protection chapters under the Children and Young People Act 2008.

child—see the Children and Young People Act 2008, section 11.

director‑general means the director‑general responsible for the Children and Young People Act 2008.

young person—see the Children and Young People Act 2008, section 12.

(2)In this division:

daily care responsibility—see the Children and Young People Act 2008, section 19.

long-term care responsibility—see the Children and Young People Act 2008, section 20.

victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.

Explanatory note

This amendment inserts a new section that defines terms for part 7A and division 7A.1.  Some of the definitions for part 7A are relocated from section 74J, which is omitted by another amendment.  The definitions for division 7A.1 are relocated from section 71 and section 72, which are amended by other amendments.

[3.50]Section 71 (6)

omit

of the Children and Young People Act 2008

Explanatory note

This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.

[3.51]Section 71 (7)

omit

Explanatory note

This amendment is consequential on the inclusion of the definitions of daily care responsibility, long-term care responsibility and victim in a definitions section inserted by another amendment.

[3.52]Section 72 (1) (f)

substitute

(f)the director-general or an authorised person under the Children and Young People Act 2008;

Explanatory note

This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.

[3.53]Section 72 (1) (h)

omit

of the Children and Young People Act 2008

Explanatory note

This amendment is consequential on the insertion of a definition of care and protection chapters  in a definitions section inserted by another amendment.

[3.54]Section 72 (3)

omit

responsible for the Children and Young People Act 2008

Explanatory note

This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.

[3.55]Section 72 (4)

substitute

(4)In this section:

circle sentencing—see the Magistrates Court Act 1930, section 291L.

Explanatory note

This amendment is consequential on the relocation of 3 definitions to a definitions section by another amendment.

[3.56]Sections 74A (2), 74C (2) (a) and 74D (1)

omit

responsible for the Children and Young People Act 2008

Explanatory note

This amendment is consequential on the insertion of a definition of director-general in a definitions section inserted by another amendment.

[3.57]Section 74J

omit

Explanatory note

This amendment omits a definitions provision that relates only to the division.  The terms that were defined in the section and used throughout the part are included in a new definitions provision that is inserted by another amendment.  The term in need of care and protection, used only in section 74K, is inserted in that section by another amendment.

[3.58]New section 74K (5)

insert

(5)In this section:

in need of care and protection, for a child or young person—see the Children and Young People Act 2008, section 345.

Explanatory note

This amendment defines a term that is used only in section 74K.  The definition had been included in a definitions provision, applicable to the whole division, that is omitted by another amendment.

[3.59]Section 80 (3), definition of earnings, paragraph (a)

omit

emolument

substitute

amount

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.60]Section 80 (3), definition of earnings, paragraph (b) (ii)

substitute

(ii)periodical payments in relation to compensation for the loss, or any reduction in benefits, of any office or employment; and

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.61]Section 81

omit

forth

substitute

out

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.62]Dictionary, new definitions

insert

care and protection chapters, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A.

daily care responsibility, for division 7A.1 (General)—see the Children and Young People Act 2008, section 19.

director‑general, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A.

long-term care responsibility, for division 7A.1 (General)—see the Children and Young People Act 2008, section 20.

victim, of an offence, for division 7A.1 (General)—see the Crimes (Sentencing) Act 2005, section 47.

Explanatory note

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

Part 3.9Crimes (Sentencing) Act 2005

[3.63]Section 13 (3)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.64]Sections 16 (1), note 1 and 19 (1), note 1

omit

Explanatory note

This amendment omits notes about the definition of found guilty. A reference to the definition of the term in the Legislation Act, dictionary, part 1 is inserted in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act, dictionary, part 1) by another amendment.

[3.65]Section 33 (1) (y), note

omit

s 31

substitute

s 36

Explanatory note

This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012.

[3.66]Sections 85, 115, 133B, 133N, 133U and 133Y headings

substitute

1. Meaning of community service condition

2. Meaning of deferred sentence obligations

133BMeaning of young offender

133NMeaning of education and training condition

133UMeaning of supervision condition

133YMeaning of accommodation order

Explanatory note

This amendment—

• substitutes the headings to sections 85 and 115 because the definitions in those sections apply to the whole Act, not just the parts in which they appear; and

• updates the section headings to sections 133B, 133N, 133U and 133Y in line with current legislative drafting practice.

[3.67]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a term that is mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.68]Dictionary, definition of correctional centre

omit

Crimes (Sentence Administration) Act 2005

substitute

Corrections Management Act 2007

Explanatory note

This amendment corrects a cross-reference.

[3.69]Dictionary, definition of deferred sentence obligations

substitute

deferred sentence obligations, for an offender—see section 120.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

Part 3.10Criminal Code 2002

[3.70]Section 303 (2), note

substitute

NoteA defendant has an evidential burden in relation to the matters mentioned in s (1) and s (2) (see s 58 (3)).

Explanatory note

This amendment makes the wording of the note consistent with the language used in section 58.

[3.71]Section 337 (6), note

substitute

NoteA defendant has an evidential burden in relation to the matters mentioned in s (5) and s (6) (see s 58 (3)).

Explanatory note

This amendment makes the wording of the note consistent with the language used in section 58.

[3.72]Sections 404 (3) and 407 (2)

omit

In the prosecution of

substitute

In a prosecution for

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.73]Division 4.1.3 heading, note

substitute

NoteA defendant has an evidential burden in relation to the defences in this division (see s 58 (3)).

Explanatory note

This amendment makes the wording of the note consistent with the language used in section 58.

[3.74]Sections 415 (2) and 424 (3)

omit

In the prosecution of

substitute

In a prosecution for

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.75]Section 654 (3)

omit

In the prosecution of

substitute

In a prosecution for

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.76]Dictionary, definition of property and note

substitute

property—

(a)for this Act generally—includes the following:

(i)electricity;

(ii)gas;

(iii)water;

(iv)a wild creature that is tamed or ordinarily kept in captivity or that is, or is being taken into, someone’s possession;

(v)any organ or part of a human body and any blood, ova, semen or other substance extracted from a human body; and

(b)for part 4.1 (Property damage offences)—see section 400.

NoteFor further definition of property, see the Legislation Act, dict, pt 1.

Explanatory note

The current definition of property does not refer to the definition of the term in section 400.  This amendment expands the definition with a signpost definition of the term in line with current legislative drafting practice.

[3.77]Dictionary, definition of threat

substitute

threat—

(a)for this Act generally—includes a threat made by any conduct, whether explicit or implicit and whether conditional or unconditional; and

(b)for part 4.1 (Property damage offences)—see section 402.

Explanatory note

The current dictionary definition of threat does not refer to the definition of the term in section 402.  This amendment expands the definition with a signpost definition of the term in line with current legislative drafting practice.

Part 3.11Cultural Facilities Corporation Act 1997

[3.78]Section 9, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.79]Dictionary, definition of corporation

substitute

corporation means the Cultural Facilities Corporation established under section 5.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

Part 3.12Domestic Animals Act 2000

[3.80]New section 23 (3)

insert

(3)In this section:

animal boarding facility means a kennel, cattery, stable or other premises where animals are kept temporarily by a person other than a keeper of the animal.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 23, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.81]Section 143 (2), new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a standard note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.82]Section 143B (2)

omit

written

Explanatory note

This amendment omits a redundant word because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.83]Dictionary, definition of animal boarding facility

omit

Explanatory note

This amendment is consequential on the relocation of the definition to section 23 by another amendment.

Part 3.13Domestic Animals Regulation 2001

[3.84]Section 25, new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a standard note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.85]Dictionary, note 2

omit

·     person

insert

·     person (see s 160)

Explanatory note

This amendment updates the term in line with current legislative drafting practice.

[3.86]Dictionary, definition of corresponding law, paragraphs (c) and (d)

substitute

(c)Domestic Animals Act 1994 (Vic);

(d)Domestic Animals Regulations 2005 (Vic).

Explanatory note

This amendment updates the definition because the title of the Victorian Act and regulations has changed.  The title of the Act was changed from the Domestic (Feral and Nuisance) Animals Act 1994 (Vic) to the Domestic Animals Act 1994 (Vic) by the Animals Legislation Amendment (Animal Care) Act 2007 (Vic), section 3. The title of the regulations was changed from the Domestic (Feral and Nuisance) Animals Regulations 2005 (Vic) to the Domestic Animals Regulations 2005 (Vic) by the Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 (Vic), section 5.

Part 3.14Duties Act 1999

[3.87]Section 10 (3), new definition of intellectual property

insert

intellectual property means––

(a)a business name, trading name, trade mark, industrial design, patent, registered design or copyright; or

(b)a right, whether or not under a franchise arrangement, to use or exploit—

(i)a business name, trading name, trade mark or industrial design; or

(ii)a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 10, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.88]Section 62 (5) (e), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.89]Section 63 (4), new definition of pooled superannuation trust

insert

pooled superannuation trust means an entity that is a pooled superannuation trust under the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 44.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 63, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment. The amendment also updates the definition in line with current legislative drafting practice.

[3.90]New section 64 (3)

insert

(3)In this section:

non-commercial Commonwealth authority means a body corporate (other than an incorporated company, society or association) that—

(a)is incorporated for a public purpose by or under a law of the Territory or the Commonwealth; and

(b)does not have as its sole or principal function the carrying on of an activity in the nature of a business, whether or not for profit.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 64, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.91]Section 73A (4), definition of residential lease

omit

Explanatory note

This amendment omits a definition that is made redundant as a result of another amendment.

[3.92]Section 74B (5), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.93]Section 75AA, definition of residential lease

omit

Explanatory note

This amendment omits a definition that is made redundant as a result of another amendment.

[3.94]Section 78A, note

omit

and private unit trust scheme

Explanatory note

This amendment omits a term mentioned in the note that is relocated from the dictionary to section 78A by another amendment.

[3.95]New section 78A (2)

insert

(2)In this section:

private unit trust scheme means a unit trust scheme that is not a public unit trust scheme.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 78A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.96]Section 103 (2), note

omit

Explanatory note

This amendment omits a note that is made redundant as a result of another amendment.

[3.97]New section 103 (3)

insert

(3)In this section:

territory company means––

(a)a company incorporated (or taken to be incorporated) under the Corporations Act that is taken to be registered in the ACT; or

(b)a corporation that is incorporated under a territory Act.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 103, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.98]Section 115H (5), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.99]New section 185 (5)

insert

(5)In this section:

determined amount, of duty, means the amount determined by the Minister, or calculated in a way determined by the Minister, under the Taxation Administration Act, section 139.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 185, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment. The amendment also updates the definition in line with current legislative drafting practice.

[3.100]Section 201 (3), new definition of international trade insurance

insert

international trade insurance means any of the following:

(a)insurance of freight against loss or damage in the course of, or incidental to, international transport of the freight;

(b)insurance of an aircraft or ship (a carrier) against loss or damage during a particular period when the carrier is under construction or undergoing refitting, maintenance or repairs if when the insurance was effected, the carrier’s owner intended to use the carrier––

(i)entirely or mainly for the international transport of freight; and

(ii)for an indefinitely continuing period beginning immediately after the completion of the construction, refitting, maintenance or repairs;

(c)insurance of a carrier against loss or damage in the course of, or incidental to, a particular journey if, when the insurance was effected, the owner intended that the journey would be entirely or mainly for the international transport of freight;

(d)insurance of a carrier against loss or damage during a particular period if, when the insurance was effected, the carrier’s owner intended the carrier to be used during that period entirely or mainly for the international transport of freight.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 201, in line with current legislative drafting practice. The amendment also updates the definition in line with current legislative drafting practice.

[3.101]Section 203A (2)

omit

all or any of the people in whose names

substitute

each person in whose name

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.102]Section 208 (3), new note

insert

Note 2AA reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.103]Section 211A (3)

omit

For this section:

substitute

In this section:

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.104]Section 211A (3), new definition of person with a disability

insert

person with a disability means a person who has a disability that—

(a)is attributable to an intellectual, psychiatric, sensory, physical or neurological impairment, or acquired brain injury; and

(b)is likely to be permanent; and

(c)results in substantially reduced capacity in self-care, self‑management, mobility or communication requiring significant ongoing, or long-term episodic, support.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 211A, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.105]Section 213 (5), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.106]New section 221 (4)

insert

(4)In this section:

demonstrator––see section 208A.

trading stock––see section 208A.

Explanatory note

This amendment inserts signpost definitions for terms used in the section and defined elsewhere.

[3.107]Dictionary, note 2

omit

·     GST

Explanatory note

This amendment omits a redundant term.

[3.108]Dictionary

omit the definitions of

Australian register

determined amount

foreign resident

franchisor

intellectual property

international trade insurance

non-commercial Commonwealth authority

person with a disability

pooled superannuation trust

private unit trust scheme

replica

Explanatory note

This amendment omits the redundant terms Australian register, foreign resident, franchisor and replica.  The other terms are omitted consequential on the relocation of the definitions to other sections by another amendment.

[3.109]Dictionary, definition of residential lease

substitute

residential lease means a lease granted for residential purposes only.

Explanatory note

This amendment recasts the definition so that it applies to the whole Act instead of being a signpost definition to a part of the Act.

[3.110]Dictionary, definition of territory company

omit

Explanatory note

This amendment is consequential on the relocation of the definition to section 103 by another amendment.

Part 3.15Enclosed Lands Protection Act 1943

[3.111]Section 4 (1)

omit

shall lie

substitute

lies

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.112]Section 5 (2)

omit

(other than a public gate as defined in the Public Gates Act 1901 (NSW) in its application to the ACT)

Explanatory note

This amendment omits an obsolete reference to repealed NSW legislation.

Part 3.16Environment Protection Act 1997

[3.113]New section 3B

insert

3BOffences 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 the following offences against this Act (see Code, pt 2.1):

·     s 92 (Fuel sales––provision of information)

·     s 92A (Confidential commercial information must not be disclosed)

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 provision about the application of the Criminal Code to certain offences against the Act. The Criminal Code, chapter 2 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.

[3.114]Section 39 (c), new note

insert

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

Explanatory note

This amendment inserts a standard note about examples.

[3.115]Section 51 (a), new note

insert

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

Explanatory note

This amendment inserts a standard note about examples.

[3.116]Sections 91B (3) and 130

omit

shall

substitute

must

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.117]Section 162 (1), new note

insert

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts a standard note about statutory declarations.

[3.118]Section 166 (2) (a)

omit

, or any provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.119]Section 166 (2), note 1

omit

(or a provision of a law or instrument)

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, sections 7 (3), 13 (3) and 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.

[3.120]Section 166 (2), note 2

omit

(or a provision of a law or instrument), the law, instrument or provision

substitute

, the law or instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, sections 7 (3), 13 (3) and 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.

[3.121]Section 166 (2), new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.122]Schedule 2, section 2.1, definition of AS 4013

omit

Explanatory note

This amendment omits a definition. The definition is updated in another amendment.

[3.123]Schedule 2, section 2.1, new definition of AS/NZS 4013

insert

AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.

NoteAS/NZS 4013 may be purchased at note

This amendment updates the title and language of the standard in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.

[3.124]Schedule 2, section 2.1, definition of solid fuel-burning equipment

omit

AS 4013

substitute

AS/NZS 4013

Explanatory note

This amendment updates the title of the standard.

[3.125]Schedule 2, sections 2.4 and 2.5

omit

AS 4013

substitute

AS/NZS 4013

Explanatory note

This amendment updates the title of the standard.

[3.126]Dictionary, note 2

insert

·     AS (see s 164 (1))

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts terms mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.127]Dictionary, note 2

omit

·     heritage register

Explanatory note

This amendment omits a redundant term.

[3.128]Dictionary, definition of AS 4013

omit

Explanatory note

This amendment omits a definition. The definition is updated in another amendment.

[3.129]Dictionary, definition of AS/NZS 4013

insert

AS/NZS 4013, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

Explanatory note

This amendment updates the title of the standard and language in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.

[3.130]Dictionary, definition of blank fire firearm

omit

see schedule 1, section 1.1

substitute

see the Firearms Act 1996, dictionary

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.131]Dictionary, definition of clinical waste

omit

see schedule 1, section 1.1

substitute

see the Clinical Waste Act 1990, dictionary

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.132]Dictionary, definition of consultation period

omit

section 23B

substitute

section 25 (1)

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.133]Dictionary, definition of National Electricity (ACT) Law

omit

Explanatory note

This amendment omits a redundant signpost definition because the term is defined in the Legislation Act, dictionary, part 1.

[3.134]Dictionary, definition of regulated waste

omit

section 1.1

substitute

section 1.1A

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.135]Dictionary, definition of road transport legislation

omit

see schedule 1, section 1.1

substitute

see the Road Transport (General) Act 1999, section 6

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

[3.136]Dictionary, definition of stock

omit

see schedule 1, section 1.1

substitute

see the Stock Act 2005, dictionary

Explanatory note

This amendment updates a definition in line with current legislative drafting practice.

Part 3.17Environment Protection Regulation 2005

[3.137]Section 67 (1) (b)

omit

Australian Standard

substitute

AS

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.138]Section 67 (1) (c)

omit

Environmental and Planning Assessment Act 1979 (NSW)

substitute

Environmental Planning and Assessment Act 1979 (NSW)

Explanatory note

This amendment corrects a reference to a NSW law.

[3.139]Section 68 (3), definition of incorporated document

omit

Australian standard

substitute

AS

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.140]Section 69 (2)

omit

written

Explanatory note

This amendment omits a redundant word because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.141]Schedule 2, table 2.3, item 6

omit

Australian Standard

substitute

AS

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.142]Dictionary, note 2

insert

·     AS (see s 164 (1))

Explanatory note

Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the regulation and defined in the Legislation Act, dictionary, part 1.

[3.143]Dictionary, note 3

omit

·     national scheme laws

Explanatory note

This amendment omits a redundant term.

[3.144]Dictionary, new definition of AS 2436

insert

AS 2436 means AS 2436 (Guide to noise and vibration control on construction, demolition and maintenance sites), as in force from time to time.

NoteAS 2436 may be purchased at note

This amendment updates the title and language of the standard in line with current legislative drafting practice and makes clear that the standard is meant to be as in force from time to time.

[3.145]Dictionary, definition of major road

omit

schedule 2 (Noise zones, noise standards and conditions)

substitute

schedule 2, part 2.3 (Noise conditions)

Explanatory note

This amendment corrects a signpost entry in the dictionary. The definition applies to Schedule 2, part 2.3 rather than the whole of schedule 2.

[3.146]Dictionary, new definition of national scheme laws

insert

national scheme laws––see the Act, section 2 (3).

Explanatory note

This amendment updates the dictionary by inserting a signpost definition for a term defined in the Act, section 2 (3) and used in several places in the regulation.

[3.147]Dictionary, new definitions

insert

network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000, dictionary.

territory network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000, dictionary.

Explanatory note

This amendment inserts signpost definitions for terms defined in another Act in line with current legislative drafting practice.

[3.148]Dictionary, definition of territory service

omit

Explanatory note

This amendment omits a redundant definition.

[3.149]Dictionary, definition of utility service

omit

Explanatory note

This amendment omits a redundant definition.

[3.150]Further amendments, dictionary definitions

omit

schedule 2 (Noise zones, noise standards and conditions)

substitute

schedule 2, part 2.1 (Noise zones)

in

broadacre zone

Central National Area (City Hill Precinct)

Central National Area (Fairbairn)

Central National Area (Parliamentary Zone and Other Areas)

city centre

commercial CZ4 zone

commercial CZ5 zone

group centre

industrial zone

leisure and accommodation zone

office site

Queanbeyan city business zone

Queanbeyan city industrial zone

Queanbeyan city special uses zone

restricted access recreation zone

town centre

TSZ2 services zone

Explanatory note

This amendment corrects the signpost entries in the dictionary.  The definitions apply to schedule 2, part 2.1 rather than the whole of schedule 2.

Part 3.18Evidence (Miscellaneous Provisions) Act 1991

[3.151]Section 16, definition of territory court, paragraph (g)

omit

Corrections Management Act 2006

substitute

Corrections Management Act 2007

Explanatory note

This amendment corrects a reference to an Act.

[3.152]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

Part 3.19Exhibition Park Corporation Act 1976

[3.153]Section 8, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.154]Dictionary, definition of corporation

substitute

corporation means the Exhibition Park Corporation established under section 4.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

Part 3.20Fair Trading (Australian Consumer Law) Act 1992

[3.155]Section 34 (2), definition of consumer credit legislation

omit

Explanatory note

This amendment omits a redundant definition.

[3.156]Dictionary, new definition of credit

insert

credit, for part 6 (Maximum annual percentage rate and disclosure)—see section 62.

Explanatory note

This amendment inserts a signpost definition for a term defined elsewhere in the Act.

Part 3.21Financial Management Act 1996

[3.157]Section 11 (6), new definition of appropriation unit

insert

appropriation unit means a class of outputs, or a group of output classes, for which an appropriation is made by an Appropriation Act.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 11, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.158]Section 38 (4)

omit

shall

substitute

must

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.159]New section 38 (10)

insert

(10)In this section:

superannuation banking account—see the Territory Superannuation Provision Protection Act 2000, section 7.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 38, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment

[3.160]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.161]Dictionary, definitions of appropriation unit and superannuation banking account

omit

Explanatory note

This amendment omits definitions that are made redundant as a result of other amendments.

[3.162]Further amendments, mentions of , in writing,

omit

, in writing,

in

·     section 19C (2)

·     section 59 (5)

·     section 103 (1)

·     section 133 (1)

Explanatory note

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

Part 3.22Gambling and Racing Control Act 1999

[3.163]Section 6 (3)

omit

, in writing,

Explanatory note

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

[3.164]Section 11, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.165]Section 12 (2), new note

insert

NoteFound guilty—see the Legislation Act, dictionary, pt 1.

Explanatory note

This amendment inserts a standard note about the definition of found guilty.

[3.166]Section 18 (2) (c)

substitute

(c)limiting facilities that make it easy for a gambler to spend more than the gambler originally intended;

Examples—facilities

·automatic teller machines

·credit facilities

·allowing people to pay by cheque or credit card

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

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.167]Sections 22A (1), 47 (1) and 53D (1)

omit

, in writing,

Explanatory note

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

[3.168]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.169]Dictionary, definition of commission

substitute

commission means the ACT Gambling and Racing Commission established under section 5.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.170]Dictionary, definition of executive officer

omit

Explanatory note

This amendment omits a redundant definition.

Part 3.23Gaming Machine Act 2004

[3.171]Section 3, note 1

omit

For example, the signpost definition ‘associated entity—see the Electoral Act 1992, section 198.’ means that the term ‘associated entity’ is defined in that section and the definition applies to this Act.

substitute

For example, the signpost definition ‘general licence—see the Liquor Act 2010, section 17.’ means that the term ‘general licence’ is defined in that section and the definition applies to this Act.

Explanatory note

This amendment updates note 1 as a consequence of the relocation of the definition of associated entity from the dictionary to section 164 by another amendment. The term ‘associated entity’ is used only in section 164, whereas the term ‘general licence’ is used throughout the Act.

[3.172]Section 38E (1) (c) (ii) (A)

omit

or (3) (d)

Explanatory note

This amendment omits an incorrect cross-reference.

[3.173]Section 38I (1)

omit

38D (3)

substitute

38D (2)

Explanatory note

This amendment corrects a cross-reference.

[3.174]Section 38X (1)

omit

section 38T, section 38U or section 38V

substitute

section 38U, section 38V or section 38W

Explanatory note

This amendment corrects cross-references.

[3.175]Section 66 (1), definition of centralised monitoring system, paragraph (a)

omit

approved gaming machines

substitute

gaming machines approved under section 69

Explanatory note

This amendment clarifies the reference to gaming machines.

[3.176]New section 158 (3)

insert

(3)In this section:

qualified accountant means—

(a)a member of the Institute of Chartered Accountants in Australia, the Institute of Public Accountants or the Australian Society of Certified Practising Accountants; or

(b)a person registered as a registered company auditor under the Corporations Act.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 158, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.177]Section 164 (3), new definition of associated entity

insert

associated entity—see the Electoral Act 1992, section 198.

Explanatory note

This amendment relocates a definition of a term from the dictionary that is used only in section 164, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.178]Dictionary, definition of acquisition approval application

omit

Explanatory note

This amendment omits the definition of a term that is not used in the Act.

[3.179]Dictionary, definition of approved gaming machine

omit

Explanatory note

This amendment is consequential on the clarification of the reference to gaming machines in section 66 by another amendment.

[3.180]Dictionary, definition of associated entity

omit

Explanatory note

This amendment is consequential on the relocation of the definition to section 164 by another amendment.

[3.181]Dictionary, definition of charitable organisation

omit

Explanatory note

This amendment omits the definition of a term that is not used in the Act.

[3.182]Dictionary, definitions of disciplinary action and disciplinary notice

substitute

disciplinary action, for part 4 (Disciplinary action)—see section 58. 

disciplinary notice, for part 4 (Disciplinary action)—see section 61. 

Explanatory note

This amendment updates the definitions in line with current legislative drafting practice.

[3.183]Dictionary, definition of financial arrangement

omit

101

substitute

101 (2)

Explanatory note

This amendment clarifies the definition.

[3.184]Dictionary, definition of ground for disciplinary action

substitute

ground for disciplinary action against a licensee, for part 4 (Disciplinary action)—see section 57. 

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.185]Dictionary, definition of initial licence application

substitute

initial licence application, for part 2 (Licences)—see section 9.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.186]Dictionary, definition of inquiry

omit

Explanatory note

This amendment omits the definition of a term that is not used in the Act.

[3.187]Dictionary, definition of licence, new paragraph (aa)

insert

(aa)for part 4 (Disciplinary action)—see section 56; and

Explanatory note

This amendment revises the definition to insert a signpost for a definition of licence for part 4, in line with current legislative drafting practice.

[3.188]Dictionary, definition of licence amendment application

substitute

licence amendment application, for part 2 (Licences)—see section 9.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.189]Dictionary, definition of operator

omit

Explanatory note

This amendment omits a definition of a term that is not used in the Act.

[3.190]Dictionary, definition of qualified accountant

omit

Explanatory note

This amendment is consequential on the relocation of the definition to section 158 by another amendment.

[3.191]Dictionary, definition of relevant premises

omit

Explanatory note

This amendment omits a definition of a term that is not used in the Act.

[3.192]Dictionary, definition of warning notice

substitute

warning notice, for an associated organisation, for part 9 (Club administration)—see section 147B.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

Part 3.24Gaming Machine Regulation 2004

[3.193]Section 7 (3), definition of GM, paragraph (b)

omit

for a

substitute

for a large-scale machine relocation amendment application or a

Explanatory note

Section 7 was amended by the Gaming Machine Amendment Act 2012 to include the working out of the number of club members for the purposes of the Gaming Machine Act 2004, including the following provisions:

• section 12 (5) (section 12 applies to an initial licence application under section 11);

• section 26C (2) (c) (section 26C applies if a licensee applies for a large-scale relocation amendment);

• section 26D (6) (d) (i) (section 26D applies if a licensee applies for a new venue amendment under section 22 (1) (g)).

The definitions of GM and TGM, used in the formula for working out the number of club members for a club with a membership agreement, currently define those terms for an initial licence application and a new venue amendment application. The amendments of the definitions of GM and TGM by the Gaming Machine Amendment Act 2012 inadvertently failed to include references to a large-scale relocation amendment application. It is clear from the heading to section 7 that large-scale relocation amendment applications were intended to be covered by section 7. This amendment revises the definition of GM, paragraph (b) to include a reference to a large-scale machine relocation amendment application.

[3.194]Section 7 (3), definition of TGM, paragraph (b)

omit

for a

substitute

for a large-scale machine relocation amendment application or a

Explanatory note

Section 7 was amended by the Gaming Machine Amendment Act 2012 to include the working out of the number of club members for the purposes of the Gaming Machine Act 2004, including the following provisions:

• section 12 (5) (section 12 applies to an initial licence application under section 11);

• section 26C (2) (c) (section 26C applies if a licensee applies for a large-scale relocation amendment);

• section 26D (6) (d) (i) (section 26D applies if a licensee applies for a new venue amendment under section 22 (1) (g)).

The definitions of GM and TGM, used in the formula for working out the number of club members for a club with a membership agreement, currently define those terms for an initial licence application and a new venue amendment application. The amendments of the definitions of GM and TGM by the Gaming Machine Amendment Act 2012 inadvertently failed to include references to a large-scale relocation amendment application. It is clear from the heading to section 7 that large-scale relocation amendment applications were intended to be covered by section 7. This amendment revises the definition of TGM, paragraph (b) to include a reference to a large-scale machine relocation amendment application.

Part 3.25Gas Safety Regulation 2001

[3.195]Section 17 (1)

omit

all or any

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.196]Section 18B (c)

omit

(Australian Standard 3814)

substitute

(AS 3814 (Industrial and commercial gas-fired appliances))

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.197]Section 18B (c), new note

insert

NoteAS 3814 may be purchased at note

This amendment inserts a new note in line with current legislative drafting practice.

[3.198]Dictionary, note 2

insert

·     AS/NZS (see s 164)

Explanatory note

Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1. This amendment inserts a term that is mentioned in the regulation and defined in the Legislation Act, dictionary, part 1.

[3.199]Dictionary, new definition of AS/NZS 5601

insert

AS/NZS 5601 means AS/NZS 5601 (Gas installations).

NoteAS/NZS 5601 may be purchased at note

This amendment inserts a new definition of a term that is mentioned in other definitions in the dictionary.

Part 3.26Long Service Leave (Portable Schemes) Act 2009

[3.200]Section 18 (2)

omit

avoid

substitute

remove

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.201]Section 20, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.202]Section 21 (3)

omit

reasonably

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.203]Schedule 1, section 1.5, formula

omit

0.13

substitute

1.3

Explanatory note

This amendment corrects an error in the formula for calculating the long service leave entitlement for a worker in the building and construction industry. When the formula was amended by the Long Service Leave (Portable Schemes) Amendment Act 2012, the decimal point was inadvertently located in the wrong place.

[3.204]Dictionary, definition of authority

substitute

authority means the Long Service Leave Authority established under section 16.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.205]Dictionary, new definition of internally reviewable decision

insert

internally reviewable decision, for part 9 (Notification and review of decisions)—see section 80A (1).

Explanatory note

This amendment inserts a signpost definition for a term defined elsewhere in the Act.

Part 3.27Magistrates Court (Liquor Infringement Notices) Regulation 2010

[3.206]Section 3, note 1

omit

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

substitute

‘investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.’

Explanatory note

This amendment corrects a reference to the Fair Trading (Consumer Affairs) Act 1973. That Act was repealed by the Fair Trading (Australian Consumer Law) Amendment Act 2010, and its provisions were relocated to the Fair Trading (Australian Consumer Law) Act 1992.

[3.207]Section 6

omit

director-general

substitute

director-general for that Act

Explanatory note

This amendment clarifies that the director-general mentioned is the director-general for the Liquor Act 2010.

[3.208]Dictionary, definition of investigator

substitute

investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.

Explanatory note

This amendment updates the definition to correct a reference to the Fair Trading (Consumer Affairs) Act 1973. That Act was repealed by the Fair Trading (Australian Consumer Law) Amendment Act 2010, and its provisions were relocated to the Fair Trading (Australian Consumer Law) Act 1992.

Part 3.28Magistrates Court Regulation 2009

[3.209]Section 4 (3)

omit everything before paragraph (b), substitute

(3)In working out the amount—

(a)a reference to the registrar is taken to be a reference to the court or the parties; and

Explanatory note

This amendment updates language in line with current legislative drafting practice.

Part 3.29Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010

[3.210]Section 6

omit

director-general

substitute

director-general for that Act

Explanatory note

This amendment clarifies that the director-general mentioned is the director-general for the Smoke-Free Public Places Act 2003.

Part 3.30Magistrates Court (Tobacco Infringement Notices) Regulation 2010

[3.211]Section 6

omit

director-general

substitute

director-general for that Act

Explanatory note

This amendment clarifies that the director-general mentioned is the director-general for the Tobacco Act 1927.

Part 3.31Ombudsman Act 1989

[3.212]Section 3C (1)

omit

NEMMCO

substitute

AEMO

Explanatory note

This amendment updates a term to reflect its change of name.

[3.213]Section 3C (2), new definition of AEMO

insert

AEMO––see the National Electricity (ACT) Law.

Explanatory note

This amendment inserts a signpost definition for a term defined in another Act in line with current legislative drafting practice.

[3.214]Section 3C (2), definition of NEMMCO

omit

Explanatory note

This amendment omits a redundant definition and is consequential on another amendment.

Part 3.32Planning and Development Act 2007

[3.215]Section 21 (1)

omit

to be

substitute

as

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.216]Section 24 (1), new note

insert

NoteFound guilty—see the Legislation Act, dictionary, pt 1.

Explanatory note

This amendment inserts a standard note about the definition of found guilty.

[3.217]Section 42, note

omit

s 78 (5) (b)

substitute

s 78 (7) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.218]Section 138F (2), new notes

insert

Note 1The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Explanatory note

This amendment inserts standard notes about statutory declarations.

[3.219]Section 212 (2) (b)

omit

written

Explanatory note

This amendment omits a word that is redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.220]Section 228 (2)

omit

any or all

substitute

1 or more

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.221]Section 228 (4), except note

substitute

(4)If the Minister establishes an inquiry panel to inquire about an EIS, the Minister must—

(a)prepare terms of reference for the inquiry; and

(b)give written notice of the inquiry to the proponent of the development proposal to which the EIS relates.

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, section 42 (2) (which requires notifiable instruments to be in writing), while clarifying that notice under section 228 (4) (b) must still be given in writing.

[3.222]Section 234, definition of registered lease

omit

Explanatory note

This amendment omits a definition of a term that is not used in the Act or the Planning and Development Regulation 2008.

[3.223]Section 323 (2) (b)

omit

written

Explanatory note

This amendment omits a word that is redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.224]Schedule 4, section 4.1, definitions of correctional centre and Corrections Management Act 2007

omit

Explanatory note

This amendment omits definitions that are redundant as a consequence of the expiry of transitional provisions in the Crimes (Sentence Administration) Act 2005. A reference to the definition of correctional centre in the Legislation Act, dictionary, part 1, is inserted in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act, dictionary, part 1) by another amendment.

[3.225]Dictionary, note 2

insert

·     correctional centre

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts terms mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.226]Dictionary, definition of certification of occupancy

omit

Explanatory note

This amendment corrects a typographical error.

[3.227]Dictionary, new definition of certificate of occupancy

insert

certificate of occupancy means a certificate issued under the Building Act 2004, section 69.

[3.448]Section 39 (b)

omit

all or any of that information

substitute

the information

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.449]Section 72 (1)

omit

, for example

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.450]Section 165

omit

Explanatory note

This amendment omits the section as a consequence of the substance of the provision being incorporated into the definition of vehicle in the Road Transport (General) Act 1999, dictionary by another amendment.

[3.451]Schedule 1, section 1.126 (1) and note

substitute

(1)In this section:

rear marking plate means a rear marking plate complying with VSB 12 (Rear marking plates) as in force from time to time.

VSB means Vehicle Standards Bulletin.

NoteVehicle Standards Bulletins provide information on the design, manufacture, sale, modification, maintenance, import and repair of road vehicles. The term ‘road vehicles’ includes both motor vehicles and trailers. The bulletins do not need to be notified under the Legislation Act because s 47 (5) or (6) does not apply (see Legislation Act, s 47 (7)). The bulletins are accessible at note

This amendment relocates a definition of a term from the dictionary that is used only in schedule 1, section 1.126, in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.

[3.452]Dictionary, note 2

insert

·     daylight

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1. This amendment inserts terms that are mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.453]Dictionary, note 4

insert

·     vehicle

Explanatory note

Dictionary, note 4 lists examples of terms used in the regulation that are defined in the Road Transport (General) Act 1999, dictionary. Under the Road Transport (General) Act 1999, section 8, a definition of a word or expression defined in an Act included in the road transport legislation applies to each use of the word or expression unless the contrary intention appears. This amendment inserts a term that is used in the regulation and defined in the Road Transport (General) Act 1999, dictionary.

[3.454]Dictionary, new definitions

insert

approval, of premises, for part 6.3 (Inspections)—see section 115.

authorisation, for part 6.3 (Inspections)—see section 115.

certificate of appointment, for part 6.3 (Inspections)—see section 115.

Explanatory note

This amendment inserts signpost definitions for terms defined elsewhere in the Act.

[3.455]Dictionary, definition of component identification number

after

vehicle

insert

, for part 6.4 (Component identification numbers)

Explanatory note

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

[3.456]Dictionary, definition of daylight

omit

Explanatory note

This amendment omits a redundant definition. The Legislation Act, dictionary, part 1 defines daylight in the same way as the omitted definition so a reference to the definition has been included in the dictionary, note 2 (which lists terms used in the Act and defined in the Legislation Act, dictionary, part 1) by another amendment.

[3.457]Dictionary, definition of infringement notice, paragraph (a)

omit

section 24 (Service of infringement notices generally) or section 36 (Service of infringement notices on responsible persons for vehicles)

substitute

division 3.2 (Infringement and reminder notices)

Explanatory note

This amendment updates a cross-reference because of amendments made by the Road Transport (General) Amendment Act 2012 (No 2).

[3.458]Dictionary, definition of operator

substitute

operator—

(a)of a motor vehicle or trailer, for part 6.1 (General requirements)—see section 105; and

(b)of a combination, for part 6.1—see section 106.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.459]Dictionary, definition of owner

substitute

owner—

(a)of a prescribed right to a non-standard registration number, for part 3.5 (Numberplates)—see section 46; and

(b)of premises, for part 6.3 (Inspections)—see section 115.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.460]Dictionary, definition of plate-holder

substitute

plate-holder, of a numberplate, for part 3.5 (Numberplates)—see section 46.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.461]Dictionary, definition of pole-type trailer

substitute

pole-type trailer means a trailer that—

(a)is attached to a towing vehicle by a pole, or an attachment fitted to a pole; and

(b)is ordinarily used for transporting loads, including, for example, logs, pipes, structural members or other long objects, that can generally support themselves like beams between supports.

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

Explanatory note

This amendment updates the definition in line with current legislative drafting practice and inserts a standard note about examples.

[3.462]Dictionary, definition of prescribed right

substitute

prescribed right, to a non-standard registration number, for part 3.5 (Numberplates)—see section 46.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.463]Dictionary, definition of proprietor

substitute

proprietor, of premises, for part 6.3 (Inspections)—see section 115.

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.464]Dictionary, definition of registration charge category

substitute

registration charge category means the vehicle’s category under the current determination of the Minister under the Road Transport (General) Act 1999, section 96 determining the fees, charges and other amounts payable in relation to the registration of vehicles.

Explanatory note

This amendment updates the definition as a consequence of the repeal of the Road Transport Charges (Australian Capital Territory) Act 1993 (Cwlth).

[3.465]Dictionary, definition of relevant vehicle registration authority

omit

Explanatory note

This amendment omits a redundant definition.

[3.466]Dictionary, definition of right, paragraph (a)

substitute

(a)to a non-standard registration number, for part 3.5 (Numberplates)—see section 46; and

Explanatory note

This amendment updates the definition in line with current legislative drafting practice.

[3.467]Dictionary, definitions of vehicle numberplate and vehicle part

substitute

vehicle numberplate—

(a)for the Act generally, means a numberplate (other than a bicycle rack numberplate) issued by the road transport authority under this regulation; and

(b)for division 3.5.6 (Damaged, lost, stolen or destroyed numberplates), includes a trader’s plate.

vehicle part, of a registrable vehicle, for part 6.4 (Component identification numbers)—see section 154.

Explanatory note

This amendment updates the definitions in line with current legislative drafting practice.

[3.468]Dictionary, definition of vehicle registration authority

omit

Explanatory note

This amendment omits a redundant definition.

[3.469]Dictionary, definition of VSB

omit

Explanatory note

This amendment omits a definition of a term that is mentioned only in schedule 1, section 1.126. The definition is relocated to that section by another amendment.

[3.470]Further amendments, mentions of , in writing,

omit

, in writing,

in

·     section 31 (4)

·     section 47 (1)

·     section 51 (1)

·     section 68A (1)

·     section 88 (2)

·     section 114 (3) (b) (iii)

·     section 116 (1) (a)

·     section 153 (1)

Explanatory note

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

Part 3.48Tree Protection Act 2005

[3.471]Section 68

omit

(the advisory panel)

Explanatory note

This amendment removes unnecessary words in line with current legislative drafting practice.

[3.472]Section 85

omit

to be

substitute

as

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.473]Dictionary, definition of AS 4373

substitute

AS 4373 means AS 4373-2007 (Pruning of amenity trees), as in force from time to time.

NoteAS 4373 may be purchased at note

This amendment updates the definition in line with current legislative drafting practice.

[3.474]Dictionary, definition of provisionally register

omit

section 52

substitute

section 48

Explanatory note

This amendment corrects a cross-reference.

Part 3.49Utility Networks (Public Safety) Regulation 2001

[3.475]Section 19 (4)

substitute

(4)In this section:

neutral screened cable has the same meaning as in AS/NZS 3000 (Wiring Rules), as in force from time to time.

NoteAS/NZS 3000 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.476]Dictionary, note 2

insert

·     AS/NZS (see s 164)

Explanatory note

Dictionary, note 2 lists examples of terms used in the regulation that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the regulation and defined in the Legislation Act, dictionary, part 1.

Part 3.50Waste Minimisation Act 2001

[3.477]Section 16

omit

, or any provision of an instrument

Explanatory note

This amendment omits words that are redundant because of the Legislation Act, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.

[3.478]Section 16, new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note to assist legislation users and is consequential on another amendment.

[3.479]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

[3.480]Dictionary, definitions of consumer packaging and covenant

omit

Explanatory note

This amendment omits redundant terms.

Part 3.51Water and Sewerage Act 2000

[3.481]Section 8 (2) (e)

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment corrects the reference to the standard and updates language in line with current legislative drafting practice.

[3.482]Section 16 (4)

omit

Australian Standard 1100

substitute

AS 1100

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.483]Section 16 (8), new definition of AS 1100

insert

AS 1100 means AS 1100 (Technical drawing), as in force from time to time.

NoteAS 1100 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.484]Dictionary, new note

insert

Note 3The Legislation Act, s 164 defines the following terms:

·     AS

·     AS/NZS

·     Australian Standard

·     Australian/New Zealand Standard.

Explanatory note

This amendment inserts a new note in the dictionary to assist legislation users.

[3.485]Dictionary, definition of Australian Standard 3500

omit

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.486]Dictionary, new definition of AS/NZS 3500

insert

AS/NZS 3500 means the AS/NZS 3500 (Plumbing and drainage set), as in force from time to time.

NoteAustralian standards may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.487]Dictionary, definition of fire sprinkler service

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.488]Dictionary, definition of site plan

omit

Australian Standard HB 50

substitute

HB 50 (Glossary of building terms)

Explanatory note

This amendment updates language in line with current legislative drafting practice.

Part 3.52Water and Sewerage Regulation 2001

[3.489]Sections 6 and 9 (1)

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.490]Section 9 (2)

omit

all or

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.491]Sections 9 (4) and 10 (2)

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.492]Section 16D (2) (b)

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.493]Sections 18 and 20 (1)

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.494]Section 20 (2)

omit

all or

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.495]Sections 20 (4) and 21

omit

Australian Standard 3500

substitute

AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.496]Section 22 (4) (b) and (5) (a)

omit

Australian Standard 2845.3 as in effect on 1 March 1999

substitute

AS/NZS 2845.3

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.497]Schedule 2, section 2.3 (3), definitions of AS 4013 and AS 4552

omit

Explanatory note

This amendment omits definitions. The definitions are updated in another amendment.

[3.498]Schedule 2, section 2.3 (3), definition of AS/NZS 2712

substitute

AS/NZS 2712 means AS/NZS 2712 (Solar and heat pump water heaters—Design and construction), as in force from time to time.

NoteAS/NZS 2712 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.499]Schedule 2, section 2.3 (3), new definition of AS/NZS 4013

insert

AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.

NoteAS/NZS 4013 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.500]Schedule 2, section 2.3 (3), definition of AS/NZS 4234

substitute

AS/NZS 4234 means AS/NZS 4234 (Heated water systems—Calculation of energy consumption), as in force from time to time.

NoteAS/NZS 4234 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.501]Schedule 2, section 2.3 (3), new definition of AS/NZS 4552

insert

AS/NZS 4552 means AS/NZS 4552 (Gas fired water heaters for hot water supply and/or central heating), as in force from time to time.

NoteAS/NZS 4552 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.502]Dictionary, note 4

omit

·     Australian Standard 3500

substitute

·     AS/NZS 3500

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[3.503]Dictionary, new definition of AS 1172

insert

AS 1172 means AS 1172 (Water closets (WC)—Pans), as in force from time to time.

NoteAS 1172 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.504]Dictionary, definition of AS/NZS 2845

insert

AS/NZS 2845 means AS/NZS 2845.1: 2010 (Water supply—Backflow prevention devices—Materials, design and performance requirements), as in force from time to time.

NoteAS/NZS 2845 may be purchased at note

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

[3.505]Dictionary, new definition of AS/NZS 2845.3

insert

AS/NZS 2845.3 means AS/NZS 2845.3 (Water supply—Backflow prevention devices—Field testing and maintenance of testable devices), as in force from time to time.

NoteAS 2845.3 may be purchased at note

This amendment updates language in line with current legislative drafting practice.

[3.506]Dictionary, definition of Australian Standard 1172

omit

Explanatory note

This amendment omits a definition. The definition is updated in another amendment.

[3.507]Dictionary, definition of Australian Standard 2845.3

omit

Explanatory note

This amendment omits a definition. The definition is updated in another amendment.

Part 3.53Water Resources Act 2007

[3.508]Section 14 (1)

omit 1st mention of

written

Explanatory note

This amendment omits a word that is made redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.509]Section 41

omit everything before

water structure means––

substitute

1. Definitions––Act

   In this Act:

Explanatory note

This amendment recasts the provision so that the definitions of water structure and waterway work apply to the Act because the terms are also used elsewhere in the Act.

[3.510]Section 71 (2)

omit

written

Explanatory note

This amendment omits a word that is made redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.511]Section 100, new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.512]Section 102 (2)

omit

written

Explanatory note

This amendment omits a word that is made redundant by the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.

[3.513]Section 109 (2), new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.514]Dictionary, note 2

insert

·     found guilty

Explanatory note

Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1.  This amendment inserts a term mentioned in the Act and defined in the Legislation Act, dictionary, part 1.

Part 3.54Work Health and Safety Act 2011

[3.515]Section 274 (3), new note

insert

Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.516]Dictionary, new definition of council

insert

council means the Work Safety Council established under schedule 2, section 2.1.

Explanatory note

This amendment inserts a new definition of council in line with current legislative drafting practice.

Part 3.55Working with Vulnerable People (Background Checking) Act 2011

[3.517]Section 27 (2), new note

insert

Note 2A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Explanatory note

This amendment inserts a note about the Legislation Act, section 14 (2)) to assist legislation users.

[3.518]Section 51 (3)

omit

statutory declaration made

substitute

written statement

Explanatory note

This amendment revises the provision to be consistent with section 18 (2) (b), which requires an applicant for registration to engage in a regulated activity to provide a written statement about the applicant’s criminal history.

[3.519]Section 60 (2) (b)

omit

a statutory declaration signed

substitute

a written statement

Explanatory note

This amendment revises the provision to be consistent with section 18 (2) (b), which requires an applicant for registration to engage in a regulated activity to provide a written statement about the applicant’s criminal history.

[3.520]Section 60 (2), note

omit

Explanatory note

This amendment omits a note that is made redundant by another amendment.

Schedule 4Repeal of redundant or obsolete legislation

(see s 6)

Part 4.1Annual Leave Act 1973

Explanatory note

This part repeals an Act that is no longer needed.

The Annual Leave Act 1973 entitled an employee to annual leave at the end of every year of the employee’s employment and regulated the taking and payment of annual leave.  The Annual Leave Act 1973 has no practical effect and has been superseded by the Fair Work Act 2009 (Cwlth).  

Annual Leave Act 1973 (A1973-46)

Part 4.2Truck Act 1900

Explanatory note

This part repeals an Act that is no longer needed.

The Truck Act 1900 is a New South Wales law that took effect as an ACT law on the establishment of the ACT.  The Act provides for the payment of wages to employees.  Only technical and consequential changes have been made to the Act since self-government.  The Truck Act 1900 has no practical effect and has been superseded by the Fair Work Act 2009 (Cwlth).

Truck Act 1900 (A1900-55)

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 11 April 2013.

2. Notification

   Notified under the Legislation Act on 24 May 2013.

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 2013, which was passed by the Legislative Assembly on 16 May 2013.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2013