EXPLANATORY STATEMENT
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT)
1989 No. 304
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.
The proposed Regulation provides for modifications of the following Commonwealth Acts as a consequence of the provision of self-government for the Australian Capital Territory:
• Air Accidents (Commonwealth Government Liability) Act 1963; and
• Commonwealth Motor Vehicles (Liability) Act 1959.
The details of the proposed Regulations are as follows:
The Regulation provides that the proposed modifications to the Air Accidents (Commonwealth Government Liability) Act 1963 and to the Commonwealth Motor Vehicles (Liability) Act 1959 are to be inserted, in the appropriate alphabetical order, in Schedule 1 of the ACT Self-Government (Consequential Provisions) Regulations.
The Schedule provides that section 11 of the Air Accidents (Commonwealth Government Liability) Act 1963 will be modified to provide that:
• by the insertion of a new subsection 11(3A), Part III of the Act will apply to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger being a person who is
travelling in the course of his employment by the Australian Capital Territory;
a person the cost of whose carriage has been, or is to be, borne by the Australian Capital Territory; or
a person travelling by air for the purpose of the Australian Capital Territory in pursuance of arrangements made or authority given by the Australian Capital Territory; and
• by the insertion of a new subsection 11(38), the succeeding provisions of Part III will apply as if references in those provisions to the Commonwealth were references to the Australian Capital Territory, to the effect that the Australian Capital Territory will assume liability for damage sustained by reason of the death or personal injury of such passengers.
The Schedule further provides that subsection 3(1) of the Commonwealth Motor Vehicles (Liability) Act 1959 will be modified to provide that the definition of “Commonwealth authority” does not include the Australian Capital Territory or a body corporate incorporated for a public purpose by a law of the Australian Capital Territory, to the effect that the Commonwealth will not be liable for damages in respect of the death of or personal injury to, a person caused by, or arising out of the use of, an uninsured motor vehicle owned by the Australian Capital Territory or by a body corporate incorporated for a public purpose under a law of the Australian Capital Territory.
ISSUED UNDER THE AUTHORITY OF THE MINISTER FOR THE ARTS, TOURISM AND TERRITORIES
Overview
The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal framework issues that arose from the establishment of self-government for the Australian Capital Territory. This Act provides the legislative basis for the Governor-General to issue regulations that modify existing Commonwealth laws in response to the establishment of the A.C.T.'s self-government. The policy objective is to ensure that the transition to self-government does not leave any legal gaps or inconsistencies in the existing federal laws. The A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 were introduced to further refine the consequential provisions by modifying specific Commonwealth Acts, such as the Air Accidents (Commonwealth Government Liability) Act 1963 and the Commonwealth Motor Vehicles (Liability) Act 1959, to reflect the new responsibilities and liabilities of the A.C.T. government. These amendments aim to clarify and align the legal responsibilities between the Commonwealth and the A.C.T. in areas such as liability for accidents and injuries involving the A.C.T. government and its entities.
Scope and Application
The A.C.T. Self-Government (Consequential Provisions) (Amendment) Regulations 1989 serve to adjust the application of specified Commonwealth Acts in response to the self-governing status of the Australian Capital Territory. These regulations modify the Air Accidents (Commonwealth Government Liability) Act 1963 and the Commonwealth Motor Vehicles (Liability) Act 1959 to reflect the new legal landscape where the Australian Capital Territory assumes certain liabilities and responsibilities. The modifications ensure that Part III of the Air Accidents Act applies to aircraft operated by persons other than the Commonwealth or its authorities, where the passengers are travelling in the course of employment by the A.C.T., where the A.C.T. has borne or will bear the cost of carriage, or for purposes authorised by the A.C.T. Additionally, the A.C.T. will assume liability for damages from death or personal injury of such passengers. Similarly, the Commonwealth Motor Vehicles Act is adjusted so that the Commonwealth will not be liable for damages caused by uninsured motor vehicles owned by the A.C.T. or a public body incorporated under A.C.T. law. These regulations apply to persons and entities operating under the jurisdiction of the Australian Capital Territory, impacting industries such as aviation and public transport within the territory.
Key Provisions
The key provisions of the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) 1989 No. 304 revolve around modifying two Commonwealth Acts: the Air Accidents (Commonwealth Government Liability) Act 1963 and the Commonwealth Motor Vehicles (Liability) Act 1959. These modifications are intended to reflect the new status of the Australian Capital Territory (A.C.T.) as a self-governing entity. Section 31(1) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 authorises the Governor-General to make these regulations in relation to matters arising from the A.C.T.'s self-government. The modifications are detailed in Schedule 1 of the Regulations, where section 11 of the Air Accidents Act and subsection 3(1) of the Motor Vehicles Act are altered to account for the A.C.T.'s new role.
Under these regulations, the Air Accidents (Commonwealth Government Liability) Act 1963 is modified to extend the application of Part III to passengers travelling on aircraft operated by entities other than the Commonwealth or a Commonwealth authority, provided the passengers are travelling for the A.C.T.'s purposes or their travel is funded by the A.C.T. Additionally, the A.C.T. assumes liability for any damages resulting from the death or personal injury of such passengers, mirroring the Commonwealth's liability. Similarly, the Commonwealth Motor Vehicles (Liability) Act 1959 is amended to exclude the A.C.T. and any public bodies incorporated by the A.C.T. from the definition of "Commonwealth authority." This change ensures that the Commonwealth is not liable for damages caused by uninsured motor vehicles owned by the A.C.T. or public bodies under its law.
These regulations impose specific obligations on the A.C.T. and related entities. For example, the A.C.T. must now assume liability for accidents involving its employees or those it funds, when they are travelling for official purposes. Furthermore, the A.C.T. and its public bodies must ensure that their motor vehicles are insured, as the Commonwealth will not cover damages caused by uninsured vehicles owned by the A.C.T. These obligations reflect the A.C.T.'s new responsibilities and the shift in liability from the Commonwealth to the A.C.T.
Failure to comply with these regulations could result in significant consequences. For instance, if the A.C.T. fails to provide adequate insurance for its employees or the vehicles it funds, it may face claims for damages that it would otherwise be liable for. While the specific penalties for non-compliance are not detailed in the Explanatory Statement, breaches of these provisions could potentially lead to civil liability for the A.C.T. in terms of damages paid to affected parties. Additionally, any failure to adhere to the regulatory requirements could be subject to review or enforcement actions by relevant authorities.