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

Overview

The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legislative implications following the establishment of the Australian Capital Territory as a body politic under the Crown. This Act was enacted by the Australian Parliament to ensure that existing laws and regulations were updated to accommodate the new political status of the Territory. The policy objective of the Act is to facilitate the transition to self-government by making necessary consequential adjustments to various pieces of legislation. The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989, specifically Regulation 2, were made to modify the Economic Planning Advisory Council Act 1983, enabling the Commonwealth to appoint the Australian Capital Territory to membership of the Commonwealth Economic Planning Advisory Council and permit an ACT Minister to attend meetings of the Council. These regulations aim to ensure that the ACT is appropriately represented in economic planning at the national level, aligning with the broader objective of integrating the Territory's governance structures into the federal framework.

Scope and Application

The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 209, under the authority of the Minister for the Arts, Tourism and Territories, amends the Economic Planning Advisory Council Act 1983 to facilitate the Australian Capital Territory's membership in the Commonwealth Economic Planning Advisory Council. This legislative amendment applies to the ACT, specifically modifying the definition of key terms in the Act to include the ACT Assembly, the Australian Capital Territory, the Chief Minister of the ACT, and the appropriate person appointed under the Australian Capital Territory (Self-Government) Act 1988. These modifications allow the Commonwealth to appoint the Australian Capital Territory to the Council and permit an ACT Minister to attend Council meetings, altering the current arrangement that only allows the States and the Northern Territory to be invited. The Regulations came into effect on 11 May 1989, the date of Self-Government in the Australian Capital Territory.

Key Provisions

The key provisions of these regulations (A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 209) pertain to the modification of the Economic Planning Advisory Council Act 1983 to accommodate the Australian Capital Territory (ACT) as a self-governing entity. These amendments are necessary following the establishment of the Territory as a body politic under the Crown, as detailed in section 31(1)(a) of the A.C.T. Self-Government (Consequential Provisions) Act 1988. The regulations specifically target the inclusion of the ACT Assembly, the Chief Minister of the ACT, and appropriate ACT ministers within the definitions and references of the Economic Planning Advisory Council Act 1983, ensuring that the ACT is treated similarly to the states and the Northern Territory in matters related to economic planning. These regulations impose specific obligations and requirements on the parties involved. For example, the Economic Planning Advisory Council Act 1983 is modified to include the ACT Assembly, the Chief Minister, and relevant ministers from the ACT within its scope. This change is detailed in Schedule 1 of the regulations, which modifies section 3 of the Economic Planning Advisory Council Act 1983. The modifications ensure that the ACT can participate in the Commonwealth Economic Planning Advisory Council if appointed and that an ACT Minister can attend meetings of the Council. Breaches of these regulations could lead to civil or criminal consequences, though the specific penalties are not outlined in the explanatory statement. Given the regulatory context, non-compliance might involve legal actions for failure to follow the legislative intent or misrepresentation of the ACT's status and authority in economic planning matters. The maximum penalties for such breaches would depend on the specific provisions of the Economic Planning Advisory Council Act 1983 and other relevant legislation, but typically, regulatory breaches could result in fines, legal sanctions, or other corrective measures as determined by the courts or relevant authorities.