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
Overview
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 210 were enacted to address the need for modifying existing federal laws to align with the self-governing status of the Australian Capital Territory (A.C.T.). This regulation was issued under the authority of the Minister for the Arts, Tourism and Territories and is a response to the A.C.T. Self-Government (Consequential Provisions) Act 1988, which empowers the Governor-General to make regulations for matters arising from the establishment of the Territory as a body politic. The primary objective of these regulations is to ensure that the A.C.T. can be treated similarly to the States and the Northern Territory in federal legislative frameworks, specifically the Employment, Education and Training Act 1988. This amendment facilitates the A.C.T.'s ability to appoint representatives to the Commonwealth/State Consultative Committee, thereby integrating the Territory into the federal consultative processes.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 210, under the authority of the Minister for the Arts, Tourism and Territories, aim to align the Australian Capital Territory with the States and the Northern Territory concerning the Employment, Education and Training Act 1988. This alignment is achieved through modifications to the Act to reflect the ACT's status post Self-Government Day, 11 May 1989. The Regulations modify references to “State” and “State Minister” to include the ACT, while ensuring that the term “Territory” does not include the ACT. Furthermore, they empower the Chief Minister or a Minister of the Crown for the ACT to appoint a member to the Commonwealth/State Consultative Committee, thus facilitating the ACT's participation in the consultative processes established under the Act. The Regulations, commencing on the date of Self-Government in the Australian Capital Territory, are a direct consequence of the establishment of the Territory as a body politic under the Crown, ensuring that the ACT can effectively engage with Commonwealth provisions concerning employment, education, and training.
Key Provisions
The main operative sections of these Regulations pertain to the modification of the Employment, Education and Training Act 1988 (EET Act) to align the Australian Capital Territory (ACT) with the States and the Northern Territory (section 3). This involves altering references within the EET Act to include the ACT in the definitions of "State" and "State Minister" and to exclude the ACT from the definition of "Territory" (regulation 3). Additionally, it empowers the Chief Minister or Minister for the ACT to appoint a representative to the Commonwealth/State Consultative Committee (section 43, as modified by regulation 3). These modifications are designed to ensure the ACT is treated on par with the States and the Northern Territory under the EET Act.
These Regulations impose several obligations on the parties governed by them, primarily focusing on the modification of references and the appointment process for the Consultative Committee. Specifically, the ACT must ensure that any references to "State" and "State Minister" in the EET Act now include the ACT, while references to "Territory" must exclude the ACT (regulation 3). Furthermore, the Chief Minister or Minister for the ACT is required to exercise their new power to appoint a member to the Consultative Committee (section 43, as modified). This ensures that the ACT has a representative in the Commonwealth/State Consultative Committee, as per the modified EET Act.
Breach of these Regulations could lead to significant consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, any failure to comply with the modified provisions of the EET Act could potentially result in legal action under the EET Act. This could include civil penalties or other legal remedies. It is important for the ACT to ensure strict adherence to these modifications to avoid any legal complications. The precise penalties for non-compliance would depend on the specific provisions of the EET Act being breached, but they could include fines or other legal consequences as stipulated in the EET Act.