EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT) 1989 No. 392
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 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 Child Care Act 1972 and the Copyright Act 1968.
The purpose of the Regulations is to enable the Commonwealth to treat the Australian Capital Territory like the States and the Northern Territory for the purposes of the Child Care Act 1972 and the Copyright Act 1968.
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 the A.C.T. Self-Government (Consequential Provisions) Regulations are the principal regulations.
Regulation 3 provides that the modifications to the Child Care Act 1972 and the Copyright Act 1968 are inserted in Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations.
The Schedule provides that:
Subsection 4(1) of the Child Care Act 1972 (the Interpretation section) is modified to provide that the phrase eligible organisations includes relevant organisations that are conducted or controlled by the Australian Capital Territory or by persons appointed by the Australian Capital Territory. (Eligible organisations presently includes local governing bodies established by or under the law of a State or Territory. This modification takes into account the dual local and State responsibilities of the Australian Capital Territory.)
Section 13A of the Child Care Act 1972 (the Interpretation section for Part IVA of the Act) is modified to provide that a reference to State includes a reference to the Australian Capital Territory (such a reference presently includes the Northern Territory).
The Schedule also provides that:
Subsection 10(1) of the Copyright Act 1968 (the Interpretation section) is modified to provide that reference to the Crown in the Act includes the Crown in the right of the Australian Capital Territory (a reference to the Crown presently includes a reference to the Crown in the right of the Northern Territory).
Subsection 10(3)(e) of the Copyright Act 1968 (the Interpretation section) is modified to provide that a reference to the Crown in the right of the State includes a reference to the Crown in the right of the Australian Capital Territory (such a reference presently includes the Northern Territory).
Subsection 10(3)(n) of the Copyright Act 1968 (the Interpretation section) is modified to provide that a reference to a State includes a reference to the Australian Capital Territory (such a reference presently includes the Northern Territory).
Subsection 183(11) of the Copyright Act 1968 (the section titled: Use of Copyright Material for the services of the Crown) is modified to provide that the educational institutions under the control of the Australian Capital Territory are treated the same as educational institutions under the control of the Commonwealth, the States and the Northern Territory.
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. 392 were enacted to address the legal implications arising from the establishment of the Australian Capital Territory as a body politic under the Crown. This legislation was introduced to ensure that the Territory could be treated similarly to the States and the Northern Territory in specific federal laws, particularly the Child Care Act 1972 and the Copyright Act 1968. The policy objective of these regulations was to align the legal status of the Australian Capital Territory with that of the States and the Northern Territory, facilitating the seamless integration of the Territory into the federal legislative framework. The regulations were issued under the authority of the Minister for the Arts, Tourism and Territories, ensuring that the amendments were made in accordance with the provisions set out in the A.C.T. Self-Government (Consequential Provisions) Act 1988.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Act 1988 and its associated Regulations, including the amending Regulations of 1989, are designed to address matters consequential upon the establishment of the Australian Capital Territory as a body politic and its conversion of laws into enactments. These legislative instruments specifically modify the Child Care Act 1972 and the Copyright Act 1968 to reflect the new status of the Australian Capital Territory as a self-governing entity. The Regulations ensure that the A.C.T. is treated on par with the States and the Northern Territory under these Acts. They amend definitions and references to include the A.C.T., thereby integrating it into the legislative framework governing child care services and copyright laws. The modifications were effective from 11 May 1989, the date of Self-Government for the A.C.T., and the Regulations allow for commencement on an earlier date if deemed necessary by the Governor-General. These consequential provisions aim to provide a seamless transition for the A.C.T. into its new legislative landscape, ensuring it is accorded the same legal status and rights as the other Australian jurisdictions.
Key Provisions
The main operative sections of the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 392 (the "Regulations") pertain to modifications of the Child Care Act 1972 and the Copyright Act 1968. These amendments are outlined in Schedule 1 of the Regulations. Specifically, Section 4(1) of the Child Care Act 1972 is modified to include "eligible organisations" that are conducted or controlled by the Australian Capital Territory or by persons appointed by the Territory. This modification reflects the dual responsibilities of the A.C.T. as both a local and State-level jurisdiction. Furthermore, Section 13A of the Child Care Act 1972 is amended to include a reference to the A.C.T. in instances where the Act currently refers to a State, thus aligning the Territory with other jurisdictions. In the Copyright Act 1968, Subsection 10(1) is altered to include a reference to the Crown in the right of the A.C.T., and Subsection 10(3)(e) and (n) are modified to incorporate references to the A.C.T. where the Act previously included references to the Northern Territory. Additionally, Subsection 183(11) of the Copyright Act 1968 is amended to treat educational institutions under the control of the A.C.T. on par with those under the control of the Commonwealth, the States, and the Northern Territory.
The Regulations impose specific obligations and requirements on the parties governed by the Child Care Act 1972 and the Copyright Act 1968. These modifications necessitate that entities operating within the A.C.T. comply with the newly inserted definitions and references. For instance, organisations seeking to be considered "eligible" under the Child Care Act 1972 must now be conducted or controlled by the A.C.T. or its appointees. Similarly, in the context of copyright, references to the Crown now include the Crown in the right of the A.C.T., and educational institutions under the control of the A.C.T. are granted the same treatment as those under the control of other jurisdictions. This ensures consistency and uniformity in the application of these Acts across different territories.
In terms of legal consequences, breaches of the provisions outlined in the Child Care Act 1972 and the Copyright Act 1968, as amended by the Regulations, could result in various civil or criminal penalties, depending on the nature of the breach. Under the Child Care Act 1972, violations may lead to fines or other civil penalties as specified in the Act. Similarly, breaches of the Copyright Act 1968 could result in infringement claims, with potential civil penalties including damages and account of profits. It is important to note that specific penalties are detailed within the respective Acts and not explicitly in the Regulations themselves. Therefore, practitioners should refer to the original Acts for precise penalty details.