A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)

Overview

The Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 was enacted by the Australian Parliament to address the transitional and consequential matters arising from the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, as well as the enactment of the Productivity Commission Act 1998. The Act aims to ensure a smooth transition and to address any gaps that may occur as a result of the repeal and enactment of these Acts. The A.C.T Self-Government (Consequential Provisions) Regulations (Amendment) 1998 No. 110, issued under the authority of the Assistant Treasurer, specifically target the consequential amendments needed to the A.C.T Self-Government (Consequential Provisions) Regulations to reflect the repeal of the Economic Planning Advisory Council Act 1983. This amendment aims to remove outdated and redundant provisions, thereby streamlining and updating the regulatory framework in line with the current legislative landscape.

Scope and Application

The Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 applies to the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, as well as the enactment of the Productivity Commission Act 1998. It affects entities, conduct, and transactions related to these Acts, with the primary focus on the consequential amendments necessitated by their repeal. The Act operates within the Australian Capital Territory, impacting the legislative framework in this jurisdiction. As per Item 9 of Schedule 2 Part 1 of the Act, the Governor-General has the authority to make regulations concerning transitional matters arising from the repeal and the enactment of the new Act. The A.C.T Self-Government (Consequential Provisions) Regulations (Amendment) 1998 No. 110, which amend the A.C.T Self-Government (Consequential Provisions) Regulations, are an example of subordinate instruments extending the application of the Act by addressing the specific transitional issues. The regulations themselves are designed to omit redundant provisions related to the repealed Economic Planning Advisory Council Act 1983, ensuring the legislative framework remains current and effective.

Key Provisions

The key operative sections of the A.C.T Self-Government (Consequential Provisions) Regulations (Amendment) 1998 No. 110 concern the repeal of the Economic Planning Advisory Council Act 1983 and the amendment of existing regulations to reflect this change. Regulation 1 specifies that the regulations come into force upon their gazette, in accordance with Section 48 of the Acts Interpretation Act 1901. Regulation 2 provides the overarching amendment to the A.C.T Self-Government (Consequential Provisions) Regulations, directing that these regulations are modified as outlined. Regulation 3 is particularly significant as it removes the provisions of the A.C.T Self-Government (Consequential Provisions) Regulations that pertain to the Economic Planning Advisory Council Act 1983, thus addressing the redundancy created by the Act's repeal. These regulations impose specific obligations and requirements on the parties and entities governed by them. Primarily, they mandate the amendment of existing regulations to ensure they no longer reference the repealed Economic Planning Advisory Council Act 1983. This involves a comprehensive review and modification of the A.C.T Self-Government (Consequential Provisions) Regulations to eliminate any references or dependencies on the now-defunct act. The regulations also require the relevant authorities to ensure that all modifications are accurately implemented and that any administrative or operational processes that were linked to the repealed act are appropriately adjusted or discontinued. Breach of these regulations, or failure to comply with the amendments outlined, could result in various consequences. Although the explanatory statement does not specify particular offences, penalties, or civil or criminal consequences for non-compliance, it is generally understood that failure to adhere to legislative amendments can lead to legal challenges, administrative penalties, or other legal repercussions. The exact consequences would depend on the specific context of non-compliance and the relevant legal frameworks in place. Given the nature of these regulations, the focus is primarily on ensuring that outdated or redundant provisions are removed to maintain the coherence and efficacy of the regulatory framework.