EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT)
1989 No. 88
Paragraph 31(1)(a) of the A.C.T, Self-Government (Consequential Provisions) Act 1988 (the Act) provides that the Governor-General may make regulations about:
“any matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown”.
Subsection 31(2) of the Act provides that the Governor-General may make regulations about:
“any matter arising from, connected with or consequential upon the conversion of a law into an enactment.”
Section 6 of the Act provides that where the Commonwealth is a party to any contract relating to a Territory function subsisting immediately before Self-Government Day, regulations may provide for the substitution of the Territory for the Commonwealth as a party to that contract and for any matters connected with that substitution.
The first purpose of the amendment to the A.C.T. Self-Government (Consequential Provisions) Regulations is to give effect to section 6 of the Act enabling the Territory to be substituted as a party to any such contracts.
The second purpose of the amendment to the A.C.T. Self-Government (Consequential Provisions) Regulations is to ensure that references in Commonwealth laws to Territory laws continue to be effective even though the style by which those laws are known will change from “Ordinance” to “Act” after Self-Government Day.
The details of the Regulations are as follows.
Regulation 1 provides for the commencement of the Regulations on Self-Government Day.
Regulation 2 provides that in the Regulations “Principal Regulations” means the A.C.T. Self-Government (Consequential Provisions) Regulations.
Regulation 3 provides for the insertion of regulation 1A after regulation 1 of the Principal Regulations.
Regulation 1A deals with interpretation.
Regulation 4 amends regulation 2 of the Principal Regulations by substituting the word “legislation” for “Acts” and by altering
the reference to the schedule to reflect the changes provided for by regulation 6 of these regulations.
Regulation 5 provides for the insertion of regulation 3, which deals with any contract or related document to which section 6 of the Act applies, and regulation 4 after regulation 2 of the Principal Regulations.
Subregulation 3(1) provides for the substitution of the Territory for the Commonwealth as a party.
Subregulation 3(2) ensures that where the Commonwealth is in breach of a contract immediately before Self-Government Day any liability arising from that breach is not to transfer to the Territory.
Subregulation 3(3) provides for the substitution of certain references to persons or matters of the Territory government for equivalent references to persons or matters of the Commonwealth Government as specified in Schedule 2 which is inserted by these regulations.
Subregulation 3(4) provides that where there is a reference to a Territory Ordinance and the short title of the law changes, the reference should be read as a reference to the new title.
Regulation 4 provides that where a Commonwealth law refers to a specific Territory Ordinance and the short title of the law changes, the reference should be read as a reference to the new title. It is intended that this provision not have effect in relation to general references to “Ordinances” in Commonwealth laws.
Regulation 6 amends the title of the Schedule in the Principal Regulations so that it becomes “Schedule 1”.
Regulation 7 provides for the insertion of a second schedule at the end of the Principal Regulations.
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR THE ARTS AND TERRITORIES
Overview
The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted by the Parliament of Australia to address the legal and administrative adjustments required following the establishment of the Australian Capital Territory as a self-governing entity. This legislation aimed to facilitate the transition by enabling the substitution of the Territory for the Commonwealth in existing contracts related to Territory functions, and to ensure the continuity of legal references in Commonwealth laws to Territory legislation post-Self-Government Day. The Act authorises the Governor-General to make regulations concerning matters consequential to the establishment of the Territory as a body politic and the conversion of laws into enactments. The policy objective is to smooth the transition to self-government by managing legal and administrative changes in a structured and orderly manner.
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 88 further refine these provisions by addressing the substitution of the Territory for the Commonwealth in existing contracts and ensuring that references to Territory laws in Commonwealth legislation remain effective despite the change in terminology from "Ordinance" to "Act". These regulations provide detailed mechanisms for the substitution process and the updating of legal references, thereby supporting the seamless integration of the Territory into the federal legal framework.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Act 1988 applies to matters arising from, connected with, or consequential upon the establishment of the Australian Capital Territory as a body politic under the Crown, as well as to the conversion of laws into enactments within the Territory. The Act authorises the Governor-General to make regulations concerning these matters, including the substitution of the Territory for the Commonwealth as a party to certain contracts and the adaptation of references in Commonwealth laws to reflect changes in the style of Territory laws from "Ordinance" to "Act." The Act and its regulations have a jurisdictional reach that encompasses the Australian Capital Territory and any Commonwealth laws that interact with Territory laws. The Regulations are designed to ensure a smooth transition to self-government, maintaining continuity and effectiveness in legal references and contractual obligations. The application of the Act and Regulations is further extended or restricted through subordinate instruments, which provide specific details and adjustments necessary for the effective implementation of the Act's provisions.
Key Provisions
The A.C.T. Self-Government (Consequential Provisions) Act 1988 (Act) provides a framework for making consequential regulations related to the self-governance of the Australian Capital Territory (A.C.T.). Section 31(1)(a) allows the Governor-General to make regulations about matters arising from or connected with the establishment of the Territory as a body politic under the Crown, while section 31(2) enables regulations about matters arising from or connected with the conversion of a law into an enactment. Section 6 specifically allows for the substitution of the Territory for the Commonwealth in contracts relating to a Territory function existing before Self-Government Day.
The obligations imposed by the Act and the resulting regulations are primarily concerned with ensuring a smooth transition to self-governance. The regulations must ensure that references to Territory laws remain effective even as the laws change from being called "Ordinances" to "Acts". Regulation 1A, inserted by the Amendment, provides for the interpretation of key terms used in the regulations. Regulation 3 deals with the substitution of the Territory for the Commonwealth in contracts, while Regulation 4 addresses the substitution of references to the Territory government for equivalent references to the Commonwealth government. Regulation 5 ensures that any liability arising from breaches of contracts before Self-Government Day does not transfer to the Territory.
The Act and regulations do not explicitly detail specific offences or penalties for non-compliance. However, the failure to comply with these regulations could potentially lead to legal challenges or disputes, especially in the context of contractual obligations and the continuity of legal references. The regulations are designed to prevent disruptions and ensure that legal frameworks remain coherent and functional following the transition to self-governance. By meticulously addressing the substitution of parties in existing contracts and the adjustment of references in laws, the regulations aim to mitigate any legal uncertainties that might arise.