EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT)
1989 No. 299
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 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 Remuneration Tribunals Act 1973.
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 Remuneration Tribunals Act 1973.
The details of the Regulations are in the Attachment.
ISSUED UNDER THE AUTHORITY OF THE MINISTER FOR THE ARTS, TOURISM AND TERRITORIES
ATTACHMENT
Details of the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)
Regulation 1 provides that the proposed 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 Remuneration Tribunals Act 1973 are inserted in Schedule 1 of the ACT Self-Government (Consequential Provisions) Regulations. The overall purpose of the modifications is to indicate the distinction between the Crown in right of the ACT from the Crown in right of the Commonwealth given that self government is established in the Territory, while also utilising Remuneration Tribunal resources in regard to Territory offices and appointments.
The Schedule provides that:
• in subsection 3(1)
- a definition of ‘enactment’ is inserted which ensures that the term has the same meaning in this Act as it has in section 3 of the Australian Capital Territory (Self-Government) Act 1988; and
- the definition of ‘public statutory corporation’ is modified to exclude a corporation established for a public purpose by a law of the ACT;
• section 3(4)(b) is modified to exclude ACT enactments from ‘a law of the Territory’;
• a new provision is inserted in section 3(4) which provides that certain ACT offices and appointments may be the subject of a determination by the Tribunal under subsection 7(3) of the Remuneration Tribunals Act 1973;
• section 3(4)(k) is modified to exclude reference to the ‘Commonwealth Teaching Service’ (now the ACT Teaching Service) but to include offices of the ACT Public Service; and
• section 7 is modified to provide that payment of members of the ACT Assembly may be made out of public money of the ACT.
Overview
The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal and administrative issues arising from the establishment of self-government in the Australian Capital Territory. This Act empowers the Governor-General to create regulations that modify existing laws to accommodate the new status of the ACT as a body politic. The problem it addresses is the need to align the legal framework of the ACT with that of the States and the Northern Territory, ensuring that the ACT's self-governing capabilities are fully reflected in various legislative provisions. The Act was passed by the Australian Parliament, aiming to facilitate a smooth transition to self-government by ironing out legal inconsistencies and gaps that could impede the effective governance of the ACT.
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 further refine the application of these provisions by specifically modifying the Remuneration Tribunals Act 1973. These amendments ensure that the ACT is treated similarly to the States and the Northern Territory for remuneration tribunal purposes. This regulatory amendment was issued under the authority of the Minister for the Arts, Tourism and Territories, reflecting the policy objective of ensuring that the ACT's self-governing arrangements are not only legally sound but also administratively coherent with broader Australian governance structures.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 299 modifies the Remuneration Tribunals Act 1973 to reflect the establishment of self-government in the Australian Capital Territory. The modifications enable the Commonwealth to treat the ACT similarly to the states and the Northern Territory for the purposes of the Remuneration Tribunals Act 1973. The regulations aim to distinguish between the Crown in right of the ACT and the Crown in right of the Commonwealth while utilising Remuneration Tribunal resources for ACT offices and appointments. The amendments include modifying definitions, excluding certain ACT enactments, and providing for specific ACT offices and appointments to be subject to the Tribunal's determinations. These consequential provisions apply specifically to the ACT and are effective from the date of Self-Government, 11 May 1989, ensuring that the regulatory framework aligns with the new governance structure of the Territory.
Key Provisions
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 299 primarily modifies the Remuneration Tribunals Act 1973 to align with the Australian Capital Territory's self-governing status. Regulation 1 (Schedule 1) establishes the commencement date of these regulations, effective from 11 May 1989, which is the date of self-government for the ACT. Regulation 2 further details the modifications by incorporating them into the Schedule of the A.C.T. Self-Government (Consequential Provisions) Regulations. These modifications aim to clarify the distinction between the Crown in right of the ACT and the Crown in right of the Commonwealth, while ensuring that the Remuneration Tribunal can manage remuneration for certain ACT offices and appointments.
The obligations imposed by these regulations require various definitions and provisions to be updated within the Remuneration Tribunals Act 1973 to reflect the ACT's self-governing status. For example, the definition of 'enactment' is specified to have the same meaning as in the Australian Capital Territory (Self-Government) Act 1988. Additionally, the term 'public statutory corporation' is modified to exclude corporations established by ACT law for public purposes. Certain ACT enactments are excluded from being considered 'a law of the Territory,' and specific ACT offices and appointments are made eligible for Tribunal determination. Furthermore, references to the 'Commonwealth Teaching Service' are replaced with references to the 'ACT Teaching Service,' and the payment of members of the ACT Assembly is to be made from the public money of the ACT.
Breaches of these regulations, if applicable, could result in various civil or criminal consequences, although the explanatory statement does not specify the exact nature or penalties for non-compliance. The modifications are intended to ensure that the Remuneration Tribunal's jurisdiction is appropriately aligned with the ACT's governance structure, thereby avoiding potential conflicts or overlaps in authority. This regulatory alignment is crucial for maintaining the integrity and functionality of the ACT's self-government framework.