EXPLANATORY STATEMENT
Subject - ACT Self-Government (Consequential Provisions) Act
ACT Self-Government (Consequential Provisions)
Regulations Amendment
1990 No. 154
Paragraph 31(1)(b) of the Act provides that the Governor-General may make regulations which modify an Act in relation to any matter arising from the conversion of a law into an enactment.
Consequent upon the transfer of responsibilities for Australian Capital Territory magistrates from the Commonwealth to the Australian Capital Territory, there is a need to modify the Extradition Act 1988 (the 1988 Act) and the Mutual Assistance in Criminal Matters Act 1987 (the 1987 Act).
More particularly, the need for the modification arises from the conversion of the Magistrates Court Ordinance 1930 into an ‘enactment’ within the meaning of section 3 of the Australian Capital Territory (Self-Government) Act 1988. The Magistrates Court Ordinance 1930 will become an ‘enactment’ on 1 July 1990 by the operation of subsection 12(2) of the Act.
Details of the proposed Regulations are as follows:
Clause 1 provides for the Regulations to commence on 1 July 1990 (on the basis that the Magistrates Court Ordinance 1930 will on that date become an enactment of the Australian Capital Territory).
Clause 2 amends Schedule 1 of the ACT Self-Government (Consequential Provision) Regulations by inserting modifications to provisions of the following Acts:
The 1988 Act
Section 5 is amended by inserting ‘the Australian Capital Territory’ in the definition of ‘magistrate’ so that ‘magistrate’ includes those magistrates of the Australian Capital Territory in respect of whom an arrangement is in force under section 46 of the 1988 Act.
Paragraph 46(1)(b) is replaced with a new paragraph. This will enable the Governor-General to make arrangements, relating to the performance of functions by magistrates under the 1988 Act, not only (as previously) with a Governor of a State, Administrator of the Northern Territory or of Norfolk Island, but also with the Chief Minister of the Australian Capital Territory.
The 1987 Act
Subsection 3(1) is amended by replacing the definition of ‘Governor’. The new definition includes not only (as previously) the Administrator of the Northern Territory, but also the Chief Minister of the Australian Capital Territory.
Subsection 3(1) is amended by inserting in the definition of ‘State’ a reference to the ‘Australian Capital Territory’.
Subsection 3(1) is amended so that the definition of ‘Territory’ excludes the ‘Australian Capital Territory’.
The amendments to the 1987 Act will enable the Governor-General to make arrangements under section 39 of the 1987 Act, relating to the performance of functions by magistrates under the 1987 Act, not only (as previously) with a Governor of a State and Administrator of the Northern Territory, but also with the Chief Minister of the Australian Capital Territory.
Overview
The ACT Self-Government (Consequential Provisions) Act was enacted in 1990 to address the legal transition that occurred with the transfer of responsibilities for Australian Capital Territory magistrates from the Commonwealth to the Australian Capital Territory. This shift necessitated modifications to existing federal laws to reflect the new jurisdictional arrangements. The Act was enacted by the Parliament of Australia with the objective of ensuring that federal legislation is aligned with the new governance structure in the Australian Capital Territory, particularly in the context of extradition and mutual assistance in criminal matters. This legislative adjustment was made to facilitate the seamless integration of the Magistrates Court Ordinance 1930 into the legal framework of the Australian Capital Territory, thereby ensuring continuity and coherence in the administration of justice.
Scope and Application
The ACT Self-Government (Consequential Provisions) Regulations Amendment 1990 No. 154 pertains to the necessary adjustments to the Extradition Act 1988 and the Mutual Assistance in Criminal Matters Act 1987 following the transfer of responsibilities for Australian Capital Territory magistrates from the Commonwealth to the Australian Capital Territory. This amendment is triggered by the conversion of the Magistrates Court Ordinance 1930 into an enactment within the meaning of section 3 of the Australian Capital Territory (Self-Government) Act 1988, which will take effect on 1 July 1990. The Regulations will commence on the same date, ensuring that the amendments are in place as the Magistrates Court Ordinance 1930 transitions into an ACT enactment. These modifications specifically involve updating definitions and authorities to reflect the new jurisdictional responsibilities, allowing the Governor-General to make arrangements with the Chief Minister of the Australian Capital Territory for the performance of functions by magistrates under both the 1988 Act and the 1987 Act.
Key Provisions
The main operative sections of this legislation (paragraph 31(1)(b) of the ACT Self-Government (Consequential Provisions) Act) empower the Governor-General to make regulations that modify existing Acts in light of the transfer of responsibilities for Australian Capital Territory (ACT) magistrates from the Commonwealth to the ACT. This regulatory power is exercised to modify the Extradition Act 1988 and the Mutual Assistance in Criminal Matters Act 1987 in response to the conversion of the Magistrates Court Ordinance 1930 into an ACT enactment on 1 July 1990. Specifically, the Regulations amend the definitions and scopes of certain terms in these Acts to include the ACT and its Chief Minister, thereby facilitating arrangements for the performance of magistrate functions under the 1988 and 1987 Acts.
The Act imposes certain obligations and requirements on the parties and entities it governs. It mandates the Governor-General to issue regulations that ensure the seamless integration of ACT magistrates into the legislative framework by modifying the definitions in the 1988 and 1987 Acts. This includes incorporating the ACT and its Chief Minister into the scope of those Acts, thereby enabling the formation of necessary arrangements for the execution of magistrate functions. These amendments are essential for maintaining the legal continuity and operational efficiency of extradition and mutual assistance processes involving ACT magistrates.
There are no specific offences, penalties, or civil/criminal consequences outlined within this legislation itself. However, any failure to comply with the regulations made under this Act could potentially lead to legal challenges or disputes, given that the Act requires modifications to existing laws. The consequences of such non-compliance would depend on the specific context and the judicial interpretation of the modified provisions in the Extradition Act 1988 and the Mutual Assistance in Criminal Matters Act 1987. Nonetheless, the primary focus of this legislation is to ensure that the transition of magistrate responsibilities is legally sound and operationally effective.