EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS)
REGULATIONS (AMENDMENT)
1989 No 188
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 following Commonwealth Acts as a consequence of the provision of self-government for the Australian Capital Territory:
• Administrative Appeals Tribunal Act 1975;
• Freedom of Information Act 1982; and
• Australian Capital Territory Supreme Court Act 1933.
The purpose and details of the Regulations appear in the attachment.
ISSUED UNDER THE AUTHORITY OF
THE MINISTER FOR THE ARTS,
TOURISM AND TERRITORIES
ATTACHMENT
Details of the proposed A.C.T. Self-Government
(Consequential Provisions) Regulations (Amendment)
Regulation 1 - Commencement
The Regulations shall be taken to have commenced on A.C.T. Self-Government Day (11 May 1989). This is the date of commencement of new Territory law in relation to administrative law and it is proper that these amendments, which reflect the changed arrangements, come into effect on that day.
Regulation 2 - Principal Regulations
Regulation 3 provides that the ‘Principal Regulations’ means the A.C.T. Self-Government (Consequential Provisions) Act 1988.
Regulation 3 - Schedule
Subregulation 3(1) amends the Schedule to the Principal Regulations to provide for the inclusion, in the appropriate alphabetical order, of the following modifications.
Administrative Appeals Tribunal Act 1975
The purpose of this provision is to enable the A.C.T. Attorney-General to intervene in proceedings before the Administrative Appeals Tribunal to protect documents of the A.C.T. Executive and Cabinet and in any other situation where Crown privilege can be claimed. The provision ensures that the A.C.T. Attorney-General has the same right to intervene in proceedings before the Tribunal to protect the A.C.T.’s interests as State Attorney’s-General have in relation to interests of the States.
Freedom of Information Act 1982
Section 33 of the Australian Capital Territory Freedom of Information Act 1989 provides that where there are reasonable grounds to believe that a document, if it were in the possession of a Commonwealth agency, would be an exempt document, it may be transferred to the most relevant Commonwealth agency. The purpose of this modification is to enable the Territory to transfer to the Commonwealth any documents in which the Commonwealth is perceived to have the greater interest. The section only operates in relation to the exemptions specified in it.
Subregulation 3(2) amends the Schedule to the Principal Regulations to provide for the inclusion of the following modifications in the Australian Capital Territory Supreme Court Act 1933.
Overview
The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal framework required for the Australian Capital Territory's transition to self-government, ensuring that existing laws and regulations were aligned with the new governance structure. This Act, passed by the Parliament of Australia, aimed to provide a comprehensive legal foundation for the Territory's self-government by addressing consequential legislative adjustments. The policy objective was to facilitate a smooth transition to self-government by modifying existing Commonwealth Acts to reflect the new arrangements for the A.C.T.
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989, issued under the authority of the Minister for the Arts, Tourism and Territories, further elaborate on this by amending specific Commonwealth Acts such as the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982, and the Australian Capital Territory Supreme Court Act 1933. These amendments ensure that the legislative framework adequately supports the A.C.T.'s self-governing status by enabling the A.C.T. Attorney-General to intervene in certain administrative proceedings, allowing document transfers between the Territory and Commonwealth agencies based on interest, and making other necessary adjustments to align with the new governance model.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 188 amends existing Commonwealth Acts to reflect the changes resulting from the self-government of the Australian Capital Territory. This amendment applies to the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982, and the Australian Capital Territory Supreme Court Act 1933. The Regulations enable the A.C.T. Attorney-General to intervene in proceedings before the Administrative Appeals Tribunal to protect documents of the A.C.T. Executive and Cabinet and in situations where Crown privilege applies. This ensures that the A.C.T. Attorney-General has the same rights as State Attorney's-General in protecting their respective interests. The Regulations also allow the Territory to transfer documents to the Commonwealth where the Commonwealth has a greater interest, particularly concerning exemptions specified in the Freedom of Information Act 1982. These consequential provisions were established to align the legislative framework with the new self-governing status of the A.C.T. and commenced on A.C.T. Self-Government Day, 11 May 1989.
Key Provisions
The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No 188 provide several consequential amendments to various Commonwealth Acts, including the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982, and the Australian Capital Territory Supreme Court Act 1933. Regulation 1 specifies that these Regulations are to commence on A.C.T. Self-Government Day, which is 11 May 1989. Regulation 2 defines 'Principal Regulations' as the A.C.T. Self-Government (Consequential Provisions) Act 1988. Regulation 3 modifies the Schedule of the Principal Regulations to incorporate these changes.
Under these Regulations, several key obligations are imposed on relevant parties and entities. For example, the A.C.T. Attorney-General is granted the authority to intervene in proceedings before the Administrative Appeals Tribunal to protect documents of the A.C.T. Executive and Cabinet and in any situation where Crown privilege can be claimed (Regulation 3(1)). This ensures that the A.C.T. has the same rights as the States in protecting their respective interests before the Tribunal. Additionally, the Freedom of Information Act 1982 is amended to enable the Territory to transfer to the Commonwealth any documents where the Commonwealth is perceived to have the greater interest, provided there are reasonable grounds to believe that these documents would be exempt if held by a Commonwealth agency (Regulation 3(2)).
The Regulations also include provisions that have legal consequences for non-compliance. While the specific offences and penalties are not detailed in the provided excerpt, it is implied that breaches of these Regulations could lead to civil or criminal consequences. Typically, such breaches may result in penalties that could include fines or other sanctions, although the exact penalties would depend on the specific nature of the breach and the applicable laws. The Regulations ensure that these modifications are made in accordance with the provisions of the A.C.T. Self-Government (Consequential Provisions) Act 1988, providing clarity and legal effect to the changes brought about by the establishment of self-government in the Australian Capital Territory.