A.C.T. Self-Government (Consequential Provisions) Regulations

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A.C.T. Self‑Government (Consequential Provisions) Regulations

Statutory Rules No. 3, 1989

made under the

A.C.T. Self‑Government (Consequential Provisions) Act 1988

Compilation No. 4

Compilation date: 22 March 2017

Includes amendments up to: Act No. 13, 2017

Registered: 22 March 2017

About this compilation

This compilation

This is a compilation of the A.C.T. Self-Government (Consequential Provisions) Regulations that shows the text of the law as amended and in force on 22 March 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Citation

1A Interpretation

3 Commonwealth contracts relating to Territory functions

4 Citation of certain A.C.T. laws

Schedule 2—Corresponding references and provisions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1 Citation

These Regulations may be cited as the A.C.T. Self‑Government (Consequential Provisions) Regulations.

1A Interpretation

In these Regulations, unless the contrary intention appears:

contract means a contract to which subsection 6(1) of the Act applies.

responsible administrative unit, in relation to a contract, means an administrative unit established under subsection 54(2) of the Self‑Government Act the functions of which include the subject‑matter of the contract.

the Act means the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

3 Commonwealth contracts relating to Territory functions

(1) The Territory is substituted for the Commonwealth as a party to any contract.

(2) Any liability of the Commonwealth under a contract which had accrued immediately before Self‑Government Day continues to be a liability of the Commonwealth.

(3) Where a contract, or a document that relates to a contract refers to a person or matter specified in column 1 of an item in Schedule 2, the reference shall be taken to be a reference to the person or matter specified in column 2 of that item.

(4) Where:

(a) a contract or a document that relates to a contract refers to an Ordinance of the Australian Capital Territory that has become an enactment within the meaning of the Self‑Government Act or by virtue of subsection 10(3) or 12(2) or (3) of the Act; and

(b) the short title of the enactment is amended by a law of the Australian Capital Territory;

each reference in the contract or document:

(c) to the short title of that enactment—shall be read as a reference to the short title of that enactment as so amended; and

(d) to the enactment otherwise than by its short title—shall be read as if for the word “Ordinance”, there were substituted the word “Act”.

4 Citation of certain A.C.T. laws

Where:

(a) a law of the Commonwealth refers to an Ordinance of the Australian Capital Territory that has become an enactment within the meaning of the Self‑Government Act or by virtue of subsection 10(3) or 12(2) or (3) of the Act; and

(b) the short title of the enactment is amended by a law of the Australian Capital Territory;

each reference in the law of the Commonwealth:

(c) to the short title of that enactment—shall be read as a reference to the short title of that enactment as so amended; and

(d) to the enactment otherwise than by its short title—shall be read as if, for the word “Ordinance”, there were substituted the word “Act.”.

Schedule 2—Corresponding references and provisions

(regulation 3)

Column 1 Item	Column 2 Commonwealth reference or provision	Column 3 Territory reference or provision
1	The Commonwealth	The Territory
2	A Commonwealth Minister of State other than the Minister for Finance	The Minister for the Territory responsible for the subject matter of the contract
3	The Commonwealth Minister for Finance	The Minister administering the Audit Ordinance 1989
4	A Commonwealth Department	The responsible administrative unit
5	The Administration of the Territory	The responsible administrative unit
6	The ACT Administration Central Office	The responsible administrative unit
7	A Secretary of a Commonwealth Department	The Head of Administration or an Associate Head of Administration in control of the responsible administrative unit
8	An officer of a Commonwealth Department	A public servant employed in the responsible administrative unit
9	Any other matter relating to a Commonwealth Department	The corresponding matter relating to the responsible administrative unit
10	Australian Capital Territory Trust Account	The Territory
11	An Audit Act Account	The corresponding Trust Account established by subsection 15(1) of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	Registration	Commencement	Application, saving and transitional provisions
1989 No. 3	25 Jan 1989	25 Jan 1989
1989 No. 52	14 Apr 1989	r 4: 11 May 1989 (r 2(1)) r 4: 1 July 1990 (r 2(2)) Remainder: 14 Apr 1989	—
1989 No. 88	10 May 1989	11 May 1989	—
1989 No. 188	6 July 1989	11 May 1989	—
1989 No. 209	7 Aug 1989	11 May 1989	—
1989 No. 210	7 Aug 1989	11 May 1989	—
1989 No. 234	5 Sept 1989	11 May 1989	—
1989 No. 298	31 Oct 1989	11 May 1989	—
1989 No. 299	31 Oct 1989	11 May 1989	—
1989 No. 304	17 Nov 1989	17 Nov 1989	—
1989 No. 391	21 Dec 1989	11 May 1989	—
1989 No. 392	21 Dec 1989	11 May 1989	—
1989 No. 393	21 Dec 1989	21 Dec 1989	—
1989 No. 394	21 Dec 1989	11 May 1989	—
1989 No. 395	21 Dec 1989	11 May 1989	—
1989 No. 396	21 Dec 1989	21 Dec 1989	—
1989 No. 397	21 Dec 1989	11 May 1989	—
1989 No. 398	21 Dec 1989	21 Dec 1989	—
1990 No. 154	25 June 1990	1 July 1990	—
1998 No. 110	27 May 1998	27 May 1998	—

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (item 32): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016	26, 2016	23 Mar 2016	Sch 1 (items 1, 2, 34, 35): 1 May 2016 (s 2(1) item 2)	Sch 1 (items 34, 35)
Statute Update (A.C.T. Self‑Government (Consequential Provisions) Regulations) Act 2017	13, 2017	22 Feb 2017	Sch 1 (items 40, 41): 22 Mar 2017 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
r 1A....................	ad No 88, 1989
r 2.....................	rs No 52, 1989
	am No 88, 1989
	rep Act No 13, 2017
r 3.....................	ad No 88, 1989
r 4.....................	ad No 88, 1989
Schedule 1................	am No 52, 1989; No 88, 1989; No 188, 1989; No 209, 1989; No 210, 1989; No 234, 1989; No 298, 1989; No 299, 1989; No 304, 1989; No 391, 1989; No 392, 1989; No 393, 1989; No 394, 1989; No 395, 1989; No 396, 1989; No 397, 1989; No 398, 1989; No 154, 1990; No 110, 1998; Act No 59, 2015 (amdt never applied (Sch 2 item 32)); Act No 26, 2016
	rep Act No 13, 2017
Schedule 2................	ad No 88, 1989

Overview

The A.C.T. Self-Government (Consequential Provisions) Act 1988 was enacted to address the legal and administrative transition following the establishment of self-government in the Australian Capital Territory (A.C.T.). This Act, along with its consequential regulations, was introduced to ensure a smooth transition of powers and responsibilities from the Commonwealth to the A.C.T. government. The regulations, known as the A.C.T. Self-Government (Consequential Provisions) Regulations, were made under the authority of the Act and aim to align various references and provisions with the new legislative framework of the A.C.T. The objective of these regulations is to ensure that references to the Commonwealth, its ministers, departments, and other related entities in existing laws and contracts are appropriately updated to reflect the A.C.T.'s self-governing status. The A.C.T. Self-Government (Consequential Provisions) Regulations 1989, which were amended and compiled in 2017, address the transition by substituting references to the Commonwealth with references to the A.C.T., updating references to Commonwealth ministers, departments, and officers to their corresponding A.C.T. entities, and ensuring that any liabilities accrued by the Commonwealth prior to the A.C.T.'s self-government remain with the Commonwealth. These regulations also provide for the amendment of references in Commonwealth laws that cite A.C.T. ordinances, now termed as enactments, to reflect any changes in the short titles of these enactments. The regulations were enacted by the Parliament of Australia to facilitate the necessary legal adjustments required for the A.C.T.'s self-governing status, ensuring continuity and clarity in the administration and legal framework of the territory.

Scope and Application

The A.C.T. Self-Government (Consequential Provisions) Regulations, made under the A.C.T. Self-Government (Consequential Provisions) Act 1988, apply to the Australian Capital Territory and any associated territories. The Regulations serve to transition and align references and obligations that were previously vested in the Commonwealth to the Australian Capital Territory following the establishment of self-government. The Regulations are applicable to contracts, documents, and laws that reference the Commonwealth or its entities, as well as any laws of the Commonwealth that reference an Australian Capital Territory Ordinance that has become an Act under the Self-Government Act. Specifically, the Regulations substitute the Territory for the Commonwealth as a party in any existing contract, ensure that any liability of the Commonwealth under such contracts remains with the Commonwealth, and adjust references to certain persons, matters, and enactments to reflect the new governance structure. This includes the substitution of the word "Act" for "Ordinance" and aligning references to ensure consistency with any amendments to the short titles of enactments by the Australian Capital Territory. The Regulations do not specify any exclusions or thresholds but may be extended or restricted through subordinate instruments. The effect of uncommenced amendments is not shown in the text of the compiled law, and the details of such amendments can be accessed on the Legislation Register.

Key Provisions

The A.C.T. Self-Government (Consequential Provisions) Regulations, made under the A.C.T. Self-Government (Consequential Provisions) Act 1988, govern the transition of certain functions and responsibilities from the Commonwealth to the Australian Capital Territory (A.C.T.) government. The Regulations, as compiled and effective from 22 March 2017, detail specific provisions to ensure a smooth transfer of contracts, liabilities, and references between the Commonwealth and the A.C.T. The primary sections include the substitution of the Territory for the Commonwealth in existing contracts, the continuation of Commonwealth liabilities accrued before Self-Government Day, and the adjustment of references in contracts and Commonwealth laws to reflect the new A.C.T. enactments. These Regulations impose several obligations on parties involved in contracts that were previously with the Commonwealth but are now transferred to the A.C.T. For instance, Section 3(1) requires the Territory to be substituted for the Commonwealth as a party to any contract. This means that any existing contract must be formally updated to list the Territory as a party, replacing the Commonwealth. Section 3(2) mandates that any liability of the Commonwealth under a contract, which had accrued before Self-Government Day, remains the responsibility of the Commonwealth. This ensures that the Commonwealth's financial obligations under the contracts are not transferred to the Territory without explicit consent. Moreover, Section 3(3) and Section 4 require any references to persons, matters, or enactments that were previously associated with the Commonwealth to be updated to reflect the corresponding A.C.T. entities. For example, references to a "Commonwealth Minister" must be updated to refer to the corresponding "Minister for the Territory," and references to "Ordinances" must be changed to "Acts." This is further detailed in Schedule 2, which provides a comprehensive list of corresponding references and provisions to be updated in both contracts and Commonwealth laws. Failure to comply with these Regulations may result in legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, breaches of statutory requirements under the A.C.T. Self-Government (Consequential Provisions) Act 1988 could potentially result in civil or criminal penalties, depending on the nature and severity of the breach. It is important for all parties involved to ensure that they adhere to these Regulations to avoid any legal repercussions.

Area of Law: Statutory Interpretation
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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