EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS)
REGULATIONS (AMENDMENT)
1989 No. 210
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 Employment, Education and Training Act 1988.
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 Employment, Education and Training Act 1988. In particular, it enables the ACT, like the States and the Northern Territory to appoint a person to the Commonwealth/State Consultative Committee established under the Act.
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 ‘Principal Regulations’ means the A.C.T. Self-Government (Consequential Provisions) Regulations.
Regulation 3 provides that the modifications to the Employment, Education and Training Act 1988 are inserted in Schedule 1 of the ACT Self-Government (Consequential Provisions) Regulations.
Subsection 3(1) of the Employment, Education and Training Act 1988 is modified to provide that:
a reference to “State” in the Act includes the Australian Capital Territory (a reference to “State” presently includes the Northern Territory);
a reference to “State Minister” in the Act includes a person holding the office of Chief Minister or Minister under the Australian Capital Territory (Self-Government) Act 1988 (a reference to “State Minister” presently includes Northern Territory Ministers); and
a reference to “Territory” does not include the ACT (a reference to “Territory” presently excludes the Northern Territory).
Section 43 of the Employment, Education and Training Act 1988 deals with membership of the Commonwealth/State Consultative Committee. This section is modified to provide that the Chief Minister or Minister of the Crown for the ACT shall have power to appoint a person to be a member of the Consultative Committee.
Sections 44, 45 and 46 are modified as a consequence of the modifications to section 43.
ISSUED UNDER THE AUTHORITY OF THE MINISTER FOR THE ARTS, TOURISM AND TERRITORIES