Territory Records Regulation 2009 (ACT)

Territory Records Regulation 2009   

SL2009-46

made under the

Territory Records Act 2002

Republication No 12

Effective:  17 December 2022

Republication date: 17 December 2022

Last amendment made by A2022‑11

About this republication

The republished law

This is a republication of the Territory Records Regulation 2009, made under the Territory Records Act 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 December 2022.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 17 December 2022. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Territory Records Regulation 2009

made under the

Territory Records Act 2002

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Meaning of principal officer—Act, s 8  2

Schedule 1 Principal officers  3

Dictionary5

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  10

5            Earlier republications  11

Territory Records Regulation 2009

made under the

Territory Records Act 2002

1. Name of regulation

   This regulation is the Territory Records Regulation 2009.

2. Dictionary

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

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

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

3. Notes

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

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

4. Meaning of principal officer—Act, s 8

   The person mentioned in an item in schedule 1, column 3 is prescribed to be the principal officer for the entity mentioned in the item, column 2.

Schedule 1Principal officers

(see s 5)

column 1 item	column 2 entity	column 3 principal officer
1	ACT Ambulance Service	director‑general, Justice and Community Safety Directorate
2	ACT Fire and Rescue Service	director‑general Justice and Community Safety Directorate
3	ACT Rural Fire Service	director‑general Justice and Community Safety Directorate
4	ACT State Emergency Service	director‑general, Justice and Community Safety Directorate
5	Australian Capital Territory Electoral Commission (including augmented electoral commission under the Electoral Act 1992)	electoral commissioner
6	ACT Multi-Hazard Advisory Council	chairperson of the council
7	Domestic Violence Prevention Council	chair of the council
8	Electoral Commissioner	electoral commissioner
9	Government Solicitor	chief solicitor
10	Human Rights Commission	any member of the commission
11	Independent Competition and Regulatory Commission for the Australian Capital Territory	senior commissioner
12	Legal Aid Commission (ACT)	chief executive officer
13	Office of the Director of Public Prosecutions	director of public prosecutions
14	Occupational Health and Safety Commissioner	OH&S commissioner
15	official visitor	an official visitor
16	Public Trustee and Guardian for the Australian Capital Territory	public trustee and guardian
17	Registrar-General of the Australian Capital Territory	director‑general, Justice and Community Safety Directorate
18	SEMSOG	director‑general, Justice and Community Safety Directorate
19	Sentence Administration Board	chair of the board
20	Solicitor-General	solicitor-general
21	Victims Advisory Board	chairperson of the board
22	Victims of Crime Commissioner	victims of crime commissioner

Dictionary

(see s 3)

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

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

·     ACT

·     chief solicitor

·     director‑general (see s 163)

·     director of public prosecutions

·     electoral commission

·     electoral commissioner

·     entity

·     government solicitor

·     human rights commission

·     independent competition and regulatory commission

·     legal aid commission

·     official visitor

·     OH&S commissioner

·     person (see s 160)

·     public trustee and guardian

·     registrar-general

·     sentence administration board

·     solicitor-general

·     victims of crime commissioner.

ACT Ambulance Service means the ACT Ambulance Service established under the Emergencies Act 2004, section 40.

ACT Fire and Rescue Service means ACT Fire and Rescue Service established under the Emergencies Act 2004, section 43.

ACT Multi-Hazard Advisory Council means the ACT Multi‑Hazard Advisory Council established under the Emergencies Act 2004, section 127.

ACT Rural Fire Service means the ACT Rural Fire Service established under the Emergencies Act 2004, section 51.

ACT State Emergency Service means the ACT State Emergency Service established under the Emergencies Act 2004, section 56.

SEMSOG means the Security and Emergency Management Senior Officials Group established under the Emergencies Act 2004, section 141.

Victims Advisory Board means the Victims Advisory Board established under the Victims of Crime Act 1994, section 22A.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Territory Records Regulation 2009 SL2009-46

   notified LR 24 September 2009
   s 1, s 2 commenced 24 September 2009 (LA s 75 (1))
   remainder commenced 25 September 2009 (s 2)

   as amended by

   Emergencies Amendment Act 2010 A2010-17 sch 1 pt 1.1

   notified LR 12 May 2010
   s 1, s 2 commenced 12 May 2010 (LA s 75 (1))
   sch 1 pt 1.1 commenced 20 August 2010 (s 2 and CN2010-8)

   Victims of Crime Amendment Act 2010 A2010-29 sch 1 pt 1.3

   notified LR 31 August 2010
   s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
   sch 1 pt 1.3 commenced 28 February 2011 (s 2 and LA s 79)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.150

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.150 commenced 1 July 2011 (s 2 (1))

   Law Officers Act 2011 A2011-30 sch 1 pt 1.7

   notified LR 29 August 2011
   s 1, s 2 commenced 29 August 2011 (LA s 75 (1))
   sch 1 pt 1.7 commenced 31 August 2011 (s 2 and CN2011-9)

   Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.47

   notified LR 22 May 2012
   s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

   sch 3 pt 3.47 commenced 5 June 2012 (s 2 (2))

   Official Visitor Act 2012 A2012-33 sch 1 pt 1.7

   notified LR 15 June 2012
   s 1, s 2 commenced 15 June 2012 (LA s 75 (1))

   sch 1 pt 1.7 commenced 1 September 2013 (s 2 as am by A2013‑22 s 4)

   Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.36

   notified LR 16 March 2016
   s 1, s 2 commenced 16 March 2016 (LA s 75 (1))

   sch 1 pt 1.36 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)

   Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.21

   notified LR 20 June 2016
   s 1, s 2 commenced 20 June 2016 (LA s 75 (1))

   sch 1 pt 1.21 commenced 21 June 2016 (s 2)

   Freedom of Information Act 2016 A2016-55 sch 4 pt 4.27 (as am by A2017-14 s 19)

   notified LR 26 August 2016
   s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
   sch 4 pt 4.27 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

   Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19

   notified LR 17 May 2017
   s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
   s 19 commenced 24 May 2017 (s 2 (1))

   NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.

   Emergencies Amendment Act 2021 A2021-30 sch 1 pt 1.5

   notified LR 10 December 2021
   s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
   sch 1 pt 1.5 commenced 11 December 2021 (s 2)

   Domestic Violence Agencies Amendment Act 2022 A2022-11 sch 1 pt 1.4

   notified LR 17 June 2022
   s 1, s 2 commenced 17 June 2022 (LA s 75 (1))

   sch 1 pt 1.4 commenced 17 December 2022 (s 2 and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Meaning of principal officer—Act, s 8

   s 5sub A2016-55 amdt 4.48

   Principal officers

   sch 1am A2010‑17 amdt 1.1, amdt 1.2; items renum R2 LA; A2010‑29 amdt 1.3; A2011‑22 amdt 1.425; A2011‑30 amdt 1.13, amdt 1.14; items renum R5 LA; A2012‑21 amdt 3.182; A2016‑13 amdt 1.136, amdt 1.137; items renum R8 LA; A2016‑33 amdt 1.47; A2021‑30 amdt 1.6; A2022‑11 amdt 1.7

   Dictionary

   dictam A2011‑22 amdt 1.426, amdt 1.427; A2011‑30 amdt 1.15; A2012‑33 amdt 1.45; A2016‑13 amdts 1.138-1.140

   def ACT Bushfire Council om A2021‑30 amdt 1.7

   def ACT Emergency Management Committee om A2010‑17 amdt 1.3

   def ACT Fire and Rescue ins A2012‑21 amdt 3.183

   om A2016‑33 amdt 1.48

   def ACT Fire and Rescue Service ins A2016‑33 amdt 1.49

   def ACT Fire Brigade om A2012‑21 amdt 3.183

   def ACT Multi-Hazard Advisory Council ins A2021‑30 amdt 1.8

   def Government Solicitor for the Australian Capital Territory om A2011‑30 amdt 1.16

   def official visitor om A2012‑33 amdt 1.46

   def SEMSOG ins A2010‑17 amdt 1.

   def Victims Assistance Board om A2010‑29 amdt 1.4

   def Victims of Crime Coordinator om A2010‑29 amdt 1.4

   def Victims Advisory Board ins A2010‑29 amdt 1.4

   def Victims of Crime Commissioner ins A2010‑29 amdt 1.4

   om A2016‑13 amdt 1.141

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 25 Sept 2009	25 Sept 2009– 19 Aug 2010	not amended	new regulation
R2 20 Aug 2010	20 Aug 2010– 27 Feb 2011	A2010‑17	amendments by A2010‑17
R3 28 Feb 2011	28 Feb 2011– 30 June 2011	A2010‑29	amendments by A2010‑29
R4 1 July 2011	1 July 2011– 30 Aug 2011	A2011‑22	amendments by A2011‑22
R5 31 Aug 2011	31 Aug 2011– 4 June 2012	A2011‑30	amendments by A2011‑30
R6 5 June 2012	5 June 2012– 31 Aug 2013	A2012‑21	amendments by A2012‑21
R7 1 Sept 2013	1 Sept 2013– 31 Mar 2016	A2012‑33	amendments by A2012‑33
R8 1 Apr 2016	1 Apr 2016– 20 June 2016	A2016‑13	amendments by A2016‑13
R9 21 June 2016	21 June 2016– 31 Dec 2017	A2016‑33	amendments by A2016‑33
R10 1 Jan 2018	1 Jan 2018– 10 Dec 2021	A2017‑14	amendments by A2016‑55 as amended by A2017‑14
R11 11 Dec 2021	11 Dec 2021– 16 Dec 2022	A2021‑30	amendments by A2021‑30