EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS
(AMENDMENT)
1989 No. 52
Subsection 31(1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 provides that the Governor-General may make regulations making provision (including provision by way of modifications of an Act) in relation to:
(a) any matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; or
(b) any matter arising from, connected with or consequential upon the conversion of a law into an enactment.
The proposed Regulations provide for the modification of the following Commonwealth Acts as a consequence of the provision of self-government for the Australian Capital Territory:
• Australian Capital Territory Supreme Court Act 1933 (the Supreme Court Act);
• Director of Public Prosecutions Act 1983 (the DPP Act); and
• Seat of Government (Administration) Act 1910 (the Seat of Government Act).
The details of the provisions of the Regulations are as follows.
Regulation 1 - Principal Regulations
Formal. Provides that the ‘Principal Regulations’ means the A.C.T. Self-Government (Consequential Provisions) Regulations.
Regulation 2 - Commencement
This regulation provides for the commencement of the modifications of the Supreme Court Act and DPP Act. (See the modifications to the Supreme Court Act and DPP Act described below.)
Regulation 3
This regulation repeals regulation 2 of the Principal Regulations, which provides for the modification of the Broadcasting Act 1942, and substitutes a more general formulae which provides for the modification of the various Acts listed in the Schedule in the way described in the Schedule.
Regulation 4 - Schedule
This regulation amends the Schedule to the Principal Regulations to provide for the inclusion, in the appropriate alphabetical order, of the following modifications.
Supreme Court Act
Section 8AA deals with the exercise of the Supreme Court’s jurisdiction in relation to legal practitioners. Paragraphs 8AA(1)(a) and 8AA(1)(b) concern applications for admission to practice and the cancellation of practising certificates. These paragraphs are modified to reflect the fact that after 1 July 1990 (the date set out in regulation 2 for the commencement of these paragraphs) the ACT Legislative Assembly will be able to make laws with respect to the admission of persons to practice as legal practitioners and the regulation of the practice of persons so admitted.
Subsection 28(1) is modified to provide that the Rules of the Supreme Court should not be inconsistent with ACT enactments. This modification will have effect from the day the Legislative Assembly is able to make laws.
A new subsection 53(3B) is included to enable the ACT to assume responsibility for criminal prosecutions when it assumes responsibility for criminal law matters (ie by 1 July 1990).
DPP Act
The effect of the proposed modifications is that the Director of Public Prosecutions will have no function of prosecuting offences against ACT laws. To enable appropriate alternative arrangements to be made for the continuation of the prosecution of offences against ACT laws after self-government, the modifications are expressed to commence on 1 July 1990.
Seat of Government Act
The purpose of the proposed modifications is to enable those Ordinances dealing with matters associated with self-government, and made on or before the day on which the Assembly is able to make laws, to take effect from the date of commencement of a provision of the ACT (Self-Government) Act 1988 (as opposed to the present circumstance where commencement is linked to a specified date or to notice in the Gazette).
Overview
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 52 was enacted to address the legislative gaps arising from the introduction of self-government for the Australian Capital Territory. The Regulations were made under the authority of the A.C.T. Self-Government (Consequential Provisions) Act 1988, which empowers the Governor-General to make regulations concerning matters consequential upon the establishment of the Territory as a body politic. The objective of these Regulations was to modify several Commonwealth Acts, including the Australian Capital Territory Supreme Court Act 1933, the Director of Public Prosecutions Act 1983, and the Seat of Government (Administration) Act 1910, in alignment with the new self-governing status of the Territory. These amendments were necessary to ensure that the legislative framework supported the Territory's autonomy and its ability to enact its own laws.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 52 amends several Commonwealth Acts to address the implications of self-government in the Australian Capital Territory. The regulation applies to the Australian Capital Territory Supreme Court Act 1933, the Director of Public Prosecutions Act 1983, and the Seat of Government (Administration) Act 1910. These amendments reflect the transfer of legislative powers to the ACT Legislative Assembly, effective from 1 July 1990. The modifications include changes to the Supreme Court Act concerning the admission and regulation of legal practitioners, adjustments to the Director of Public Prosecutions' role to exclude prosecuting ACT laws, and alterations to the Seat of Government Act to align the commencement of certain ordinances with the new legislative framework. The regulations also include formal provisions for the commencement and application of these modifications.
Key Provisions
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 52 are designed to modify certain Commonwealth Acts to align with the introduction of self-government for the Australian Capital Territory. Regulation 1 identifies these Regulations as the ‘Principal Regulations’. Regulation 2 specifies the commencement date for the modifications to the Australian Capital Territory Supreme Court Act 1933 and the Director of Public Prosecutions Act 1983, which is set for 1 July 1990. Regulation 3 repeals the previous regulation that provided for the modification of the Broadcasting Act 1942 and instead introduces a more general formula for modifying the listed Acts, as detailed in the Schedule. Regulation 4 amends the Schedule to include the specified modifications to the Supreme Court Act, the DPP Act, and the Seat of Government (Administration) Act 1910.
Under these Regulations, the obligations on parties and entities include ensuring that the Rules of the Supreme Court are not inconsistent with A.C.T. enactments. The ACT Legislative Assembly will be responsible for making laws concerning the admission of persons to practice as legal practitioners and the regulation of their practice. Furthermore, the Director of Public Prosecutions will no longer have the function of prosecuting offences against A.C.T. laws, with modifications designed to enable alternative arrangements for such prosecutions. The modifications to the Seat of Government Act aim to ensure that Ordinances dealing with self-government matters can take effect from the date of commencement of a provision of the A.C.T. (Self-Government) Act 1988, rather than being tied to a specified date or notice in the Gazette.
Failure to comply with the provisions of these Regulations may result in various legal consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, breaches of the modified Acts could lead to criminal or civil liabilities. For instance, any inconsistency between the Rules of the Supreme Court and A.C.T. enactments could result in legal challenges or sanctions against the parties responsible. Additionally, any failure to make appropriate alternative arrangements for the prosecution of offences against A.C.T. laws could lead to legal consequences for the entities involved, potentially including fines or other penalties as stipulated by the respective Acts.