EXPLANATORY STATEMENT
1989 No. 234
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS)
REGULATIONS (AMENDMENT)
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.
Subsection 31(2) provides that regulations made under section 31(1) may be expressed to commence on and from a date earlier than the making of the regulations not being a date earlier than Self-Government Day.
The Regulations provide for the modification of the States Grants (Nurse Education Transfer Assistance) Act 1985.
The purpose of the modifications is to enable the Commonwealth to treat the ACT like the States and the Northern Territory for the purposes of the States Grants (Nurse Education Transfer Assistance) Act 1985.
The details of the Regulations are as follows:
Regulation 1 provides that the Regulations shall be taken to have commenced on 11 May 1989, the date of Self-Government in the Australian Capital Territory.
Regulation 2 provides that the modifications to the States Grants (Nurse Education Transfer Assistance) Act 1985 are inserted in Schedule 1 of the ACT Self-Government (Consequential Provisions) Regulations.
The Schedule provides that section 3 of the States Grants (Nurse Education Transfer Assistance) Act 1985 (the interpretation section) will be modified to provide that:
by the insertion of a new paragraph 3(1)(aa), a reference to “relevant State Minister” in the Act includes, in relation to the Australian Capital Territory - the Minister of the Australian Capital Territory who is responsible, or prinipally responsible, for the administration of matters relating to the education of nurses in the Australian Capital Territory; and
in subsection 3(2) a reference to “State” in the Act includes the Australian Capital Territory (a reference to “State” presently includes the Northern Territory).
ISSUED UNDER THE AUTHORITY OF
THE MINISTER FOR THE ARTS,
TOURISM AND TERRITORIES
Overview
The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal and administrative adjustments required following the establishment of the Australian Capital Territory (A.C.T.) as a body politic under the Crown. This legislation was introduced by the Parliament of Australia to ensure that the A.C.T. would be appropriately integrated into the federal legislative framework, addressing any gaps or inconsistencies arising from its new status. The Act empowers the Governor-General to make consequential regulations, which include modifications to existing Acts to reflect the new political landscape. This legislative framework was essential to facilitate a smooth transition and integration of the A.C.T. into the national system, ensuring that all relevant provisions and authorities are properly aligned with the A.C.T.'s self-governing status.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) are designed to align the Australian Capital Territory with the States and the Northern Territory under the States Grants (Nurse Education Transfer Assistance) Act 1985. These regulations apply to entities and individuals involved in the administration and funding of nurse education programs within the ACT, extending the scope of the original Act to encompass the ACT as if it were a state. The regulations also apply to the Commonwealth government, which must now treat the ACT in the same manner as the States and the Northern Territory for the purposes of nurse education funding. The geographic reach of these regulations is limited to the Australian Capital Territory, although their impact extends to the national level through the modification of federal legislation. The Regulations do not specify any exclusions or thresholds, implying that all nurse education programs within the ACT are subject to these provisions. The amendments are made under the authority of the Minister for the Arts, Tourism and Territories, indicating the federal government’s role in modifying existing legislation to reflect the self-governing status of the ACT.
Key Provisions
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989, which are based on subsection 31(1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988, provide modifications to the States Grants (Nurse Education Transfer Assistance) Act 1985. Regulation 1 (subsection 31(2)) stipulates that these Regulations, designed to align the ACT with other jurisdictions regarding nurse education funding, shall commence on 11 May 1989, the date Self-Government was established in the Australian Capital Territory. Regulation 2 specifies that the modifications to the States Grants (Nurse Education Transfer Assistance) Act 1985 are detailed in Schedule 1, which includes changes to the interpretation section of the Act.
Under the Regulations, the interpretation section of the States Grants (Nurse Education Transfer Assistance) Act 1985 will be amended to ensure consistency with the ACT's self-governing status. Specifically, a new paragraph 3(1)(aa) will be inserted to define “relevant State Minister” as including the Minister of the Australian Capital Territory who has primary responsibility for nurse education matters in the ACT. Additionally, in subsection 3(2), the term “State” will be expanded to include the Australian Capital Territory, which currently only includes the Northern Territory.
The Regulations impose several obligations on the relevant parties. Firstly, they require the Commonwealth to recognise the ACT as equivalent to the States in terms of nurse education funding provisions. This necessitates the ACT Minister responsible for nurse education to engage with the Commonwealth under the same terms as State Ministers. Secondly, the ACT must ensure that its nurse education programs meet the standards and requirements set forth in the amended States Grants (Nurse Education Transfer Assistance) Act 1985, thereby maintaining alignment with other jurisdictions.
Failure to comply with the provisions of the amended States Grants (Nurse Education Transfer Assistance) Act 1985 could result in legal consequences. The Act itself does not explicitly state the penalties for non-compliance, but breaches of statutory requirements generally carry civil and criminal penalties. Civil penalties could include fines or other financial sanctions, while criminal penalties might involve imprisonment, depending on the severity of the breach. The exact penalties would be determined by the relevant court based on the specific circumstances of the violation.