EXPLANATORY STATEMENT
ISSUED UNDER THE AUTHORITY OF THE MINISTER FOR THE ARTS, TOURISM AND TERRITORIES
A.C.T. Self-Government (Consequential Provisions) Act 1988
A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)
1989 No. 394
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 commence on a date earlier than the making of the regulations not being a date earlier than Self-Government day.
The Regulations modify the Disability Services Act 1986 and the National Occupational Health and Safety Commission Act 1985 to enable the Commonwealth to treat the Australian Capital Territory like the States and the Northern Territory.
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 modifications to these Acts are inserted in Schedule 1 of the A.C.T. Self-Government (Consequential Provisions) Regulations.
The Schedule provides that the Disability Services Act 1986 is modified as follows:
Section 7 is modified to provide that reference to “State” in the Act includes the Australian Capital Territory (such a reference presently includes the Northern Territory).
Subsections 23(10) and 27(5) are modified to provide that the Crown in the right of the Australian Capital Territory is bound by sections 23 and 27 (presently the Crown in the right of, the Commonwealth, the States, the Northern Territory and Norfolk Island are bound by sections 23 and 27).
The Schedule also provides that section 3 of the National Occupational Health and Safety Commission Act 1985 (the Interpretation section) is modified to provide that a reference in the Act to:
“Minister” includes the Chief Minister of the Australian Capital Territory or a Minister under the Australian Capital Territory (Self-Government) Act 1988 (such a reference presently includes the Chief Minister or a Minister of the Northern Territory).
“Parliament” includes the Legislative Assembly of the Australian Capital Territory (such a reference presently includes the Legislative Assembly of the Northern Territory).
“Premier” includes the Chief Minister of the Australian Capital Territory (such a reference presently includes the Chief Minister of the Northern Territory).
“State” includes the Australian Capital Territory (presently it includes the Northern Territory).
“Territory” will not include the Australian Capital Territory (such a reference presently does not include the Northern Territory).
The Schedule also provides that Subsection 8(10) of the National Occupational Health and Safety Commission Act 1985 is modified to provide that a reference in, paragraphs 8(2)(a) and 8(8)(g) to Territory and in paragraph 8(8)(c) to Territories, includes the Australian Capital Territory.
These modifications allow the Australian Capital Territory to confer additional functions on the National Occupational Health and Safety Commission and preserve the Commission’s ability to perform its functions in relation to an award made under a law of the Australian Capital Territory. The modifications also preserve the ability of the Commission to perform its functions in relation to the Australian Capital Territory and the Northern Territory to the extent of the Commonwealth Parliament’s power to make laws with respect to Territories.