Statute Law Amendment Act 2022 (ACT)

Statute Law Amendment Act 2022

A2022-14

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
Schedule 1 Minor amendments  3
Part 1.1    Territory Records Act 2002  3
Schedule 2 Legislation Act 2001  4
Schedule 3 Technical amendments  5
Part 3.1    ACT Teacher Quality Institute Act 2010  5
Part 3.2    Architects Act 2004  6
Part 3.3    Architects Regulation 2004  7
Part 3.4    Building Act 2004  8
Part 3.5    Casino Control Act 2006  11
Part 3.6    Children and Young People Act 2008  12
Part 3.7    Confiscation of Criminal Assets Act 2003  23
Part 3.8    Construction Occupations (Licensing) Act 2004            24
Part 3.9    Corrections Management Act 2007  25
Part 3.10   Domestic Animals Act 2000  26
Part 3.11   Education Act 2004  28
Part 3.12   Emergencies Act 2004  29
Part 3.13   Environment Protection Act 1997  31
Part 3.14   Environment Protection Regulation 2005  36
Part 3.15   Family Violence Act 2016  37
Part 3.16   Fisheries Act 2000  38
Part 3.17   Gambling and Racing Control Act 1999  39
Part 3.18   Gas Safety Act 2000  40
Part 3.19   Gas Safety Regulation 2001  41
Part 3.20   Health Act 1993  41
Part 3.21   Health Records (Privacy and Access) Act 1997              42
Part 3.22   Heritage Act 2004  45
Part 3.23   Independent Competition and Regulatory Commission Act 1997       47
Part 3.24   Interactive Gambling Act 1998  48
Part 3.25   Legal Profession Act 2006  56
Part 3.26   Legal Profession Regulation 2007  64
Part 3.27   Lotteries Act 1964  65
Part 3.28   Motor Sport (Public Safety) Act 2006  66
Part 3.29   Mutual Recognition (Australian Capital Territory) Act 1992 67
Part 3.30   National Environment Protection Council Act 1994        68
Part 3.31   Nature Conservation Act 2014  70
Part 3.32   Pest Plants and Animals Act 2005  71
Part 3.33   Public Health Act 1997  72
Part 3.34   Public Health Regulation 2000  72
Part 3.35   Racing Act 1999  73
Part 3.36   Racing Regulation 2010  74
Part 3.37   Residential Tenancies Act 1997  74
Part 3.38   Surveyors Act 2007  77
Part 3.39   Unit Titles (Management) Act 2011  78
Part 3.40   Utilities (Technical Regulation) Act 2014  79
Part 3.41   Veterinary Practice Act 2018  80
Part 3.42   Waste Management and Resource Recovery Act 2016    80
Part 3.43   Water and Sewerage Act 2000  81

Statute Law Amendment Act 2022

A2022-14

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:

Name of Act
This Act is the Statute Law Amendment Act 2022.
Commencement
This Act commences on the 14th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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.
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.
Legislation amended—schs 1-3
This Act amends the legislation mentioned in schedules 1 to 3.

Schedule 1Minor amendments

(see s 5)

Part 1.1Territory Records Act 2002
[1.1]Section 36 (e), except note
substitute
(e)if the director is absent from duty, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period.

Explanatory note

This amendment updates a paragraph that creates an unnecessary obligation on the Special Minister of State. Section 36 (e) provides that the Minister may end the appointment of the director of territory records if the director ‘is absent from duty for 14 consecutive days, or for 28 days in any 12 months, except on leave given by the Minister’.

The words ‘except on leave given by the Minister’ create a requirement for the Minister to approve the director’s leave if the director intends to be on leave for longer than 14 consecutive days or for 28 days in any 12-month period. While the director’s appointment to the position of director of territory records is made under the Territory Records Act 2002, part 4 (Director of Territory Records), the director is employed as an SES member under the Public Sector Management Act 1994.

Schedule 2Legislation Act 2001

(see s 5)

NoteStatute Law Amendment Acts may include a second schedule for amendments to the Legislation Act. This Act does not provide for such amendments but the schedule heading is retained to preserve the usual numbering of schedule 3, which provides for minor and technical amendments proposed by the parliamentary counsel.

Schedule 3Technical amendments

(see s 5)

Part 3.1ACT Teacher Quality Institute Act 2010
[3.1]Division 4.3 heading, note
omit

Explanatory note

This amendment omits a note about the Mutual Recognition Act 1992 (Cwlth) and the Trans‑Tasman Mutual Recognition Act 1997 (Cwlth) following the commencement on 1 July 2021 of automatic mutual recognition for occupational registrations under the Mutual Recognition Amendment Act 2021 (Cwlth).

[3.2]Section 32 (1) etc
omit the following notes
·     section 32 (1), note
·     section 33 (1), note
·     section 35 (1), note
·     section 58, note

Explanatory note

This amendment omits notes about the Mutual Recognition Act 1992 (Cwlth) and the Trans‑Tasman Mutual Recognition Act 1997 (Cwlth) following the commencement on 1 July 2021 of automatic mutual recognition for occupational registrations under the Mutual Recognition Amendment Act 2021 (Cwlth).

Part 3.2Architects Act 2004
[3.3]Division 3.1 heading, note
omit

Explanatory note

[3.4]Section 18 (3) (c)
omit
he or she
substitute
the person

Explanatory note

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

[3.5]Sections 28 and 29 (2) (a)
omit
his or her
substitute
their

Explanatory note

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

[3.6]Section 60 (1) (b)
omit
his or her
substitute
the individual’s

Explanatory note

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

Part 3.3Architects Regulation 2004
[3.7]Section 10 (4)
omit
his or her
substitute
their

Explanatory note

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

Part 3.4Building Act 2004
[3.8]Section 23 (1)
omit
he or she
substitute
the practitioner

Explanatory note

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

[3.9]Section 77 (3)
omit
his or her

Explanatory note

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

[3.10]Section 94 (3)
omit
his or her
substitute
the creditor’s

Explanatory note

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

[3.11]Sections 116 (1) and 126 (1)
omit
his or her
substitute
their

Explanatory note

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

[3.12]Section 129 (2)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.13]Section 134H (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.14]Section 138 (1)
omit
his or her
substitute
the registrar’s

Explanatory note

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

[3.15]Section 147
omit
his or her
substitute
the inspector’s

Explanatory note

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

[3.16]Section 149 (1)
omit
by him or her

Explanatory note

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

Part 3.5Casino Control Act 2006
[3.17]Section 47 (1)
omit
his or her
substitute
their

Explanatory note

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

[3.18]Section 79 (2)
omit
his or her
substitute
the person’s

Explanatory note

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

Part 3.6Children and Young People Act 2008
[3.19]Section 26 (1), note
omit
s 36C

substitute
s 20

Explanatory note

This amendment corrects a cross-reference.

[3.20]Section 74 (a) and (b)
omit
his or her
substitute
their

Explanatory note

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

[3.21]Section 80 (1), example 2
omit
his or her
substitute
their

Explanatory note

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

[3.22]Section 83 (5), example
omit
his or her
substitute
the participant’s

Explanatory note

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

[3.23]Section 94 (1) (a)
omit
he or she
substitute
they

Explanatory note

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

[3.24]Section 94 (1) (b)
omit
his or her
substitute
their

Explanatory note

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

[3.25]Section 94 (1) (e)
omit
he or she
substitute
they

Explanatory note

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

[3.26]Section 94 (4)
omit
her or she
substitute
the person

Explanatory note

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

[3.27]Section 105 (4), definition of arrested person, paragraph (b)
omit
he or she
substitute
the person

Explanatory note

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

[3.28]Section 193 (1) (a) (ii)
omit
him or her
substitute
them

Explanatory note

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

[3.29]Sections 208 (2) (a) and 209 (1)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.30]Section 294 (3) (c)
omit
he or she
substitute
the detainee

Explanatory note

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

[3.31]Section 294 (3) (e)
omit
he or she has
substitute
they have

Explanatory note

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

[3.32]Section 301 (2) (a)
after
not later
insert
than

Explanatory note

This amendment corrects a minor typographical error by inserting a missing word.

[3.33]Section 324 (4) (b)
omit
he or she
substitute
the detainee

Explanatory note

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

[3.34]Section 342, definition of abuse, paragraph (c)
omit
his or her
substitute
their

Explanatory note

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

[3.35]Section 345 (2)
omit
him or her
substitute
the child or young person

Explanatory note

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

[3.36]Section 350 (1) (c) etc
omit
his or her
substitute
their
in
·     section 350 (1) (c)
·     section 352 (1)
·     section 412 (1)
·     section 456 (3)
·     section 482 (1) (g)
·     section 486 (2)

Explanatory note

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

[3.37]Section 512 (2) (a) (i)
omit
his or her
substitute
the doctor’s

Explanatory note

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

[3.38]Section 678 (2)
omit
his or her
substitute
their

Explanatory note

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

[3.39]Section 689 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.40]Sections 727N (2) (d) and 727S (1) (b)
omit
his or her
substitute
their

Explanatory note

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

[3.41]Section 731 (1) (g) and section 733 (3), definition of young child, paragraph (b)
omit
, or provisionally registered,

Explanatory note

This amendment omits redundant references to a child who is provisionally registered for home education under the Education Act 2004. The Education Amendment Act 2019, section 8 omitted the Education Act 2004, section 130, which required the director‑general to provisionally register a child for home education if the parents of the child applied for registration.

[3.42]Section 809 (3) (b)
omit
he or she
substitute
the child or young person

Explanatory note

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

[3.43]Section 818 etc
omit
his or her
substitute
their
in
·     section 818
·     section 819 (1) (a)
·     section 822

Explanatory note

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

[3.44]Section 826 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.45]Sections 855 (2) and 858 (2)
omit
his or her family
substitute
the family of the child or young person

Explanatory note

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

[3.46]Section 859 (1), definition of information sharing entity, paragraph (i)
omit
his or her
substitute
their

Explanatory note

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

[3.47]Section 863 (2)
omit
his or her family members
substitute
family members of the child or young person

Explanatory note

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

[3.48]Dictionary, notes 1 and 2, except dot points
substitute
NoteThe Legislation Act contains definitions relevant to this Act. For example:

Explanatory note

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

[3.49]Dictionary, definition of representative
omit
himself or herself
substitute
themself

Explanatory note

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

Part 3.7Confiscation of Criminal Assets Act 2003
[3.50]Section 38 (4) (c)
omit
section 32 (5), (6) and (7)
substitute
section 31C

Explanatory note

This amendment corrects a cross‑reference.

[3.51]Section 180 (1)
omit
in the exercise of his or her
substitute
in exercising

Explanatory note

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

[3.52]Section 211 (7), definition of strip search, paragraph (a)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.53]Section 213 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

Part 3.8Construction Occupations (Licensing) Act 2004
[3.54]Part 3 heading, note
omit

Explanatory note

[3.55]Section 80CM (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.56]Section 126A (5)
omit

Explanatory note

This amendment omits a definition of a term that is no longer used in this section.

Part 3.9Corrections Management Act 2007
[3.57]Section 31A (2) (c)
omit
he or she
substitute
the detainee

Explanatory note

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

[3.58]Section 33 (2), note
omit
he or she

substitute
the person

Explanatory note

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

[3.59]Section 33A (2) (c)
omit
he or she
substitute
the detainee

Explanatory note

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

Part 3.10Domestic Animals Act 2000
[3.60]Section 55 (4) (b)
omit
his or her
substitute
their

Explanatory note

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

[3.61]Section 79 (3)
omit
his or her
substitute
the authorised person’s

Explanatory note

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

[3.62]Section 124 (2)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.63]Sections 125 and 134 (4)
omit
his or her
substitute
the authorised person’s

Explanatory note

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

[3.64]Dictionary, definition of registration certificate
omit
(1) or (4)

Explanatory note

This amendment corrects a cross-reference.

Part 3.11Education Act 2004
[3.65]New section 7 (5)
insert
(5)In this section:
corporal punishment means physical force applied to punish or correct, and includes any action designed or likely to cause physical pain or discomfort taken to punish or correct.

Explanatory note

This amendment relocates from the dictionary a definition of a term that is used only in section 7. The definition is omitted from the dictionary by another amendment.

[3.66]Section 68 (2)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.67]Section 69
omit
his or her
substitute
the authorised person’s

Explanatory note

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

[3.68]Section 142 (3) (a)
omit
statement
substitute
notice

Explanatory note

This amendment corrects a minor typographical error.

[3.69]Dictionary, definition of corporal punishment
omit

Explanatory note

This amendment is consequential on the relocation of the definition to section 7 by another amendment.

Part 3.12Emergencies Act 2004
[3.70]Sections 103 (4) and 104 (3)
omit
his or her
substitute
the inspector’s

Explanatory note

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

[3.71]Section 105 (2)
omit
he or she
substitute
the inspector

Explanatory note

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

[3.72]Sections 111 (2) and 113 (4)
omit
his or her
substitute
the investigator’s

Explanatory note

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

[3.73]Section 183 (3)
omit
his or her
substitute
their

Explanatory note

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

[3.74]Section 196 (4)
omit
his or her
substitute
the authorised person’s

Explanatory note

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

Part 3.13Environment Protection Act 1997
[3.75]Section 8 (1) (c)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.76]Sections 16 (4) and 18 (3)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.77]Section 43 (4)
omit
his or her
substitute
the authority’s

Explanatory note

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

[3.78]Section 62 (2) (a)
omit
his or her

Explanatory note

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

[3.79]Sections 72 (1) and 78 (1)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.80]Section 91I (4), definition of notional lessee, paragraph (c) (ii)
omit
his or her
substitute
the lessee’s (or sublessee’s)

Explanatory note

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

[3.81]Section 93 (1)
omit
his or her functions
substitute
the functions of the authority

Explanatory note

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

[3.82]Section 98 etc
omit
his or her
substitute
the officer’s
in
·     section 98
·     section 100 (2) (c)
·     section 103 (1) (a)
·     section 107 (2)

Explanatory note

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

[3.83]Section 110 (3) (a)
omit
his or her
substitute
the authority’s

Explanatory note

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

[3.84]Section 111 (2)
omit
his or her
substitute
the officer’s

Explanatory note

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

[3.85]Section 112
omit
his or her
substitute
the analyst’s

Explanatory note

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

[3.86]Section 113 (a)
omit
he or she has
substitute
they have

Explanatory note

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

[3.87]Section 153 (2) (c) (iii)
omit
his or her
substitute
the defendant’s

Explanatory note

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

Part 3.14Environment Protection Regulation 2005
[3.88]Division 2.1 heading, note 1, paragraph (c)
omit
his or her

substitute
the person’s

Explanatory note

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

[3.89]Part 3 heading, note 1, paragraph (c)
omit
his or her

substitute
the person’s

Explanatory note

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

[3.90]Section 56, definition of NEPM, note 2
omit
note
This amendment corrects a cross‑reference.
[3.91]Section 65 (a), note 3
omit
note
This amendment corrects a cross‑reference.
[3.92]Section 66 (1) (k), note
omit
note
This amendment corrects a cross‑reference.
Part 3.15Family Violence Act 2016
[3.93]Section 115, definition of New Zealand FVO
omit
Domestic Violence Act 1995 (NZ)
substitute
Family Violence Act 2018 (NZ)
Explanatory note
This amendment corrects an outdated cross‑reference. The Domestic Violence Act 1995 (NZ) was repealed by the Family Violence Act 2018 (NZ), section 258 and replaced with the Family Violence Act 2018 (NZ).
Part 3.16Fisheries Act 2000
[3.94]Section 43 (2) (b)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.95]Section 43 (2) (b)
omit
he or she so
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.96]Section 111A (1) (b)
omit
nature conservation licence
substitute
fisheries licence
Explanatory note
This amendment corrects a minor typographical error in the name of a licence.
[3.97]Dictionary, definition of fish dealer
omit
he or she knows or suspects
substitute
they know or suspect
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.17Gambling and Racing Control Act 1999
[3.98]Section 23 (2)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.99]Section 23 (2)
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.100]Section 28 (2) (a)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.101]Section 36 (2) (a)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.18Gas Safety Act 2000
[3.102]Section 43 etc
omit
his or her
substitute
the inspector’s
in
·     section 43
·     section 44 (1) (a)
·     section 49 (3) (a)
·     section 53 (3)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.19Gas Safety Regulation 2001
[3.103]Section 17B
omit
his or her
substitute
the worker’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.20Health Act 1993
[3.104]Section 11 (1) (a), note 2
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.105]Section 71 (2)
omit
his or her
substitute
the practitioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.106]Section 100, definition of practice corporation
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.21Health Records (Privacy and Access) Act 1997
[3.107]Sections 25 (b) and 26 (1) (b)
omit
his or her
substitute
the consumer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.108]Section 26 (2)
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.109]Section 27 (3)
omit
his or her
substitute
the consumer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.110]Section 29
omit
he or she
substitute
they
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.111]Schedule 1, principle 1:3
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.112]Dictionary, notes 1 and 2, except dot points
substitute
NoteThe Legislation Act contains definitions relevant to this Act. For example:
Explanatory note
This amendment updates notes in line with current legislative drafting practice.
[3.113]Dictionary, definitions of collector and deceased consumer
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.114]Dictionary, definition of treating team, paragraph (a)
omit
his or her
substitute
the consumer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.22Heritage Act 2004
[3.115]Section 53B (1), notes 1 to 3
substitute
NoteFor laws about delegations, see the Legislation Act, pt 19.4.
Explanatory note
This amendment updates notes in line with current legislative drafting practice.
[3.116]Sections 66 (8) and 80 (6), definitions of necessary assistance
omit
the authorised person to carry out his or her function
substitute
in carrying out the authorised person’s functions
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.117]Section 81 etc
omit
his or her
substitute
the authorised person’s
in
·     section 81
·     section 82 (1) (a)
·     section 85 (4)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.118]Section 88 (1) (c)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.23Independent Competition and Regulatory Commission Act 1997
[3.119]Section 44 (2)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.120]Section 46 (1) (c) and (d)
substitute
(b)it gives a notice to show cause in relation to the information or document under section 45; and
(c)28 days have elapsed since the notice was given.
Explanatory note
This amendment renumbers paragraphs.
[3.121]Section 46 (3)
omit
or (b)
Explanatory note
This amendment omits a redundant cross‑reference.
[3.122]Schedule 2, section 2.1AA (4)
omit
he or she also resumes
substitute
they also resume
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.24Interactive Gambling Act 1998
[3.123]Sections 4 (2) (a) and 6
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.124]Section 9 (1)
omit
he or she
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.125]Section 10 (3)
omit
he or she
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.126]Section 10 (4) etc
omit
he or she
substitute
the Minister
in
·     section 10 (4)
·     section 11 (2)
·     section 12 (2)
·     section 13 (2)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.127]Section 18B
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.128]Section 23 (2)
omit
he or she
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.129]Section 27 (4)
omit
his or her
substitute
the applicant’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.130]Section 31 etc
omit
he or she
substitute
the Minister
in
·     section 31
·     section 33 (1)
·     section 43 (2)
·     section 44 (1)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.131]Section 44 (1), notes 1 and 2
substitute
Note 1For laws about appointments, see the Legislation Act, pt 19.3.
Note 2Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment updates the notes in line with current legislative drafting practice.
[3.132]Section 48 (2)
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.133]Section 51
omit
his or her
substitute
the applicant’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.134]Section 55 (3)
omit
he or she
substitute
the licensee
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.135]Section 70 (1)
omit
his or her
substitute
the provider’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.136]Section 89 (2)
omit
he or she
substitute
the agent
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.137]Section 102 (2) (a)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.138]Section 109
omit
his or her
substitute
the provider’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.139]Section 124 (2)
omit
he or she
substitute
the provider
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.140]Section 128 (1)
omit
he or she
substitute
the commission
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.141]Section 131 (2) (a)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.142]Sections 133 (2) and 135 (4)
omit
he or she
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.143]Sections 138 (1)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.144]Section 138 (4)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.145]Section 143
omit
imprint of his or her finger or palm prints or a photograph of the applicant
substitute
imprint of the finger prints or palm prints or a photograph of the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.25Legal Profession Act 2006
[3.146]Section 16 (4)
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.147]Section 33 (2) (a)
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.148]Section 41 (10) (b)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.149]Sections 60 and 61 (2) (b)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.150]Sections 82 and 83
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.151]Section 94 (5)
omit
his or her
substitute
the former lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.152]Section 96
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.153]Section 97
omit
his or her
substitute
the practitioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.154]Section 97A (1)
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.155]Section 108 (2)
omit
he or she
substitute
the director
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.156]Sections 139 (1) (c), 182 and 183 (2) (b)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.157]Section 239 (2) (a)
omit
his or her
substitute
the investigator’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.158]Section 272 (1) (c) (vii)
omit
he or she
substitute
the member
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.159]Section 367 (1) (a)
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.160]Section 478 (b)
omit
his or her
substitute
the deceased practitioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practices.
[3.161]Section 485 (1) (a)
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.162]Section 485 (1) (b)
omit
he or she is
substitute
they are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.163]Section 487 (5) (e)
omit
his or her
substitute
the manager’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.164]Section 491 (1) (a)
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.165]Section 491 (1) (b)
omit
he or she is
substitute
they are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.166]Sections 498 (1) (a), 509 (5) and 514 (3)
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.167]Section 519B (1) (a)
omit
his or her
substitute
the intervener’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.168]Section 537 (1) (c)
omit
himself or herself
substitute
themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.169]Section 555A (1) (a)
omit
his or her
substitute
the investigator’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.170]Dictionary, notes 1 and 2, except dot points
substitute
NoteThe Legislation Act contains definitions relevant to this Act. For example:
Explanatory note
This amendment updates notes in line with current legislative drafting practice.
[3.171]Dictionary, definition of sole practitioner
omit
his or her
substitute
the practitioner’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.26Legal Profession Regulation 2007
[3.172]Table 8, item 12, column 4
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.173]Section 9 (2)
omit
his or her
substitute
the lawyer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.27Lotteries Act 1964
[3.174]Section 6 (4), definition of private lottery, paragraph (d)
omit
his or her
substitute
the subscriber’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.175]Section 15
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.176]Section 18 (3) (a)
omit
his or her
substitute
the authorised person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.177]Section 18 (3) (b)
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.28Motor Sport (Public Safety) Act 2006
[3.178]Section 12 (1)
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.179]Sections 26 and 27 (1) (a)
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.180]Section 38 (5), new definition of National Transport Commission
insert
National Transport Commission—see the National Transport Commission Act 2003 (Cwlth), section 5.
Part 3.29Mutual Recognition (Australian Capital Territory) Act 1992
[3.181]Section 4, new note
insert
NoteUnder amendments made to the Commonwealth Act on 1 July 2021, certain individuals who are authorised to carry on an activity covered by an occupation in a State or the Northern Territory are automatically deemed to be authorised to carry on the activity in another State or Territory (see Commonwealth Act, pt 3A).
Explanatory note
This amendment inserts a note about the commencement on 1 July 2021 of automatic mutual recognition for occupational registrations under the Mutual Recognition Amendment Act 2021(Cwlth).
Part 3.30National Environment Protection Council Act 1994
[3.182]New section 13 (5)
insert
(5)In this section:
National Transport Commission—see the National Transport Commission Act 2003 (Cwlth), section 5.

[3.183]Section 25 (1)
omit
he or she
substitute
the chairperson

Explanatory note

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

[3.184]Section 43
substitute

Resignation
The NEPC executive officer may resign their office by written notice signed by the officer and given to the chairperson of the council.

Explanatory note

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

[3.185]Section 44 (2)
substitute
(2)The council must terminate the NEPC executive officer’s appointment if the officer—
(a)engages in paid employment outside the duties of their office without the approval of the council;
(b)is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months;
(c)becomes bankrupt or personally insolvent; or
(d)contravenes section 40 (2) without reasonable excuse.

Explanatory note

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

[3.186]Section 46 (b)
omit
his or her
substitute
their

Explanatory note

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

Part 3.31Nature Conservation Act 2014
[3.187]Section 60 (1)
omit
plan
insert
strategy

Explanatory note

This amendment corrects a minor typographical error.

[3.188]Sections 339 and 340 (1) (a)
omit
his or her
insert
the officer’s

Explanatory note

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

[3.189]Section 347 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

Part 3.32Pest Plants and Animals Act 2005
[3.190]Section 20 (d)
before
is reckless
insert
the person

Explanatory note

This amendment corrects a minor typographical error.

[3.191]Sections 33, 34 (1) (a) and 36 (3)
omit
his or her
substitute
the authorised person’s

Explanatory note

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

[3.192]Section 40 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

Part 3.33Public Health Act 1997
[3.193]Section 121 (3) (a)
omit
his or her
substitute
the chief health officer’s

Explanatory note

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

[3.194]Section 121 (3) (b)
omit
his or her
substitute
the officer’s

Explanatory note

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

Part 3.34Public Health Regulation 2000
[3.195]Sections 64 and 66 (1)
omit
his or her
substitute
the person’s

Explanatory note

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

Part 3.35Racing Act 1999
[3.196]Sections 16 (1) (f), 22 (1) (f) and 26 (2)
omit
he or she
substitute
the Minister

Explanatory note

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

[3.197]Section 61W (3), note
omit

substitute

Explanatory note

This amendment corrects a cross-reference.

[3.198]Schedule 1, section 1.7 (1) and schedule 2, section 2.5 (a)
omit
his or her
substitute
their

Explanatory note

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

Part 3.36Racing Regulation 2010
[3.199]Section 5 (2), definition of key employee, paragraph (b)
omit
his or her
substitute
the person’s

Explanatory note

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

[3.200]Section 6 (2) (a) (i)
omit
his or her
substitute
the individual’s

Explanatory note

This amendment updates language in line with current legislative drafting practice

Part 3.37Residential Tenancies Act 1997
[3.201]Section 11 (1)
omit
his or her
substitute
their

Explanatory note

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

[3.202]Section 14 (b)
omit
he or she is
substitute
they are

Explanatory note

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

[3.203]Section 48 (1) (b) (i)
omit
section 83 (b)
substitute
section 83 (1) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.204]Section 49A (4)
omit
section 83 (c)
substitute
section 83 (1) (c)

Explanatory note

This amendment corrects a cross-reference.

[3.205]Section 71C (2), note
omit
s 71E (c)

substitute
s 71EA (1) (b)

Explanatory note

This amendment corrects a cross-reference.

[3.206]Section 71EL (1) (a)
omit
section 83 (i)
substitute
section 83 (1) (i)

Explanatory note

This amendment corrects a cross-reference.

[3.207]Section 71EM (3), note 1
omit
s 83 (j)

substitute
s 83 (1) (j)

Explanatory note

This amendment corrects a cross-reference.

[3.208]Section 75, note
substitute
NoteThe registrar may also help a person make an application to the ACAT as the registrar considers appropriate (see ACT Civil and Administrative Tribunal Act 2008, s 112 (1) (b)).

Explanatory note

This amendment updates a note to correct a cross-reference.

[3.209]Schedule 1, clause 54
omit
his or her
substitute
their

Explanatory note

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

Part 3.38Surveyors Act 2007
[3.210]Division 2.1 heading, note
omit

Explanatory note

[3.211]Section 7 (1), note and section 10, note
omit

Explanatory note

Part 3.39Unit Titles (Management) Act 2011
[3.212]Schedule 2, section 2.1 (1) (g)
omit
must

Explanatory note

This amendment corrects a minor typographical error.

[3.213]Schedule 3, section 3.32 (1) (b)
omit
his or her
substitute
the person’s

Explanatory note

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

Part 3.40Utilities (Technical Regulation) Act 2014
[3.214]Section 46 (1) (b)
omit
unlicensed regulated utility service
substitute
unlicensed regulated utility

Explanatory note

This amendment corrects a minor typographical error.

[3.215]Section 81 (2) etc
omit
his or her
substitute
the inspector’s
in
·     section 81 (2)
·     section 85
·     section 86 (1) (a)
·     section 87 (2) (a) and (3) (b) (i)

Explanatory note

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

Part 3.41Veterinary Practice Act 2018
[3.216]Division 3.1 heading, note
omit

Explanatory note

Part 3.42Waste Management and Resource Recovery Act 2016
[3.217]Section 77 (6), definition of necessary assistance
omit
the authorised person to carry out his or her function
substitute
in carrying out the authorised person’s functions

Explanatory note

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

[3.218]Sections 78 and 79 (1) (a)
omit
his or her
substitute
the authorised person’s

Explanatory note

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

[3.219]Section 86 (1) (c)
omit
himself or herself
substitute
themself

Explanatory note

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

[3.220]Section 125, note 2
omit
s 36C

substitute
s 20

Explanatory note

This amendment corrects a cross-reference.

Part 3.43Water and Sewerage Act 2000
[3.221]Sections 8 (3) (b), 9A (1) (b) and 10
omit
his or her
substitute
the certifier’s

Explanatory note

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

[3.222]Sections 15 (4) (b) and 15 (5) (a)
omit
his or her
substitute
the licensed plumber’s

Explanatory note

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

[3.223]Section 23 (2) etc
omit
his or her
substitute
the inspector’s
in
·     section 23 (2)
·     section 28
·     section 29 (1) (a)
·     section 33 (3)
·     section 38 (3) (a)

Explanatory note

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

[3.224]Section 44F (1)
omit
his or her
substitute
the registrar’s

Explanatory note

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

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 2 June 2022.
Notification
Notified under the Legislation Act on 10 August 2022.
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 2022, which was passed by the Legislative Assembly on 3 August 2022.
Clerk of the Legislative Assembly
© Australian Capital Territory 2022