Australian Capital Territory (Self-Government) Regulations 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L01019 Regulations In force Legislative Instrument

Legislation content

Australian Capital Territory (Self‑Government) Regulations 2021

made under the

Australian Capital Territory (Self‑Government) Act 1988

Compilation No. 1

Compilation date: 31 August 2024

Includes amendments: F2024L01091

About this compilation

This compilation

This is a compilation of the Australian Capital Territory (Self-Government) Regulations 2021 that shows the text of the law as amended and in force on 31 August 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

Part 2—Enactments that bind the Crown in right of the Commonwealth

5 Enactments that bind the Crown in right of the Commonwealth

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Australian Capital Territory (Self‑Government) Regulations 2021.

3  Authority

  This instrument is made under the Australian Capital Territory (Self‑Government) Act 1988.

Part 2—Enactments that bind the Crown in right of the Commonwealth

 

5  Enactments that bind the Crown in right of the Commonwealth

 (1) For the purposes of section 27 of the Australian Capital Territory (Self‑Government) Act 1988, each of the following enactments binds the Crown in right of the Commonwealth if the enactment would do so apart from that section:

 (a) the Adoption Act 1993 (ACT);

 (b) the Commercial Arbitration Act 2017 (ACT);

 (c) the Common Boundaries Act 1981 (ACT);

 (ca) the Court Procedures Act 2004 (ACT);

 (d) the Dangerous Substances Act 2004 (ACT);

 (e) the Domestic Animals Act 2000 (ACT);

 (f) the Environment Protection Act 1997 (ACT);

 (fa) the Evidence Act 2011 (ACT);

 (g) the Limitation Act 1985 (ACT);

 (h) the Machinery Act 1949 (ACT);

 (ha) the Magistrates Court Act 1930 (ACT);

 (i) the Nature Conservation Act 2014 (ACT);

 (ia) the Personal Violence Act 2016 (ACT);

 (j) the Road Transport (General) Act 1999 (ACT);

 (k) the Sale of Goods (Vienna Convention) Act 1987 (ACT);

 (l) the Scaffolding and Lifts Act 1912 (ACT);

 (la) the Supreme Court Act 1933 (ACT);

 (m) the Water Resources Act 2007 (ACT).

 (2) However, nothing in an enactment specified in subsection (1) makes the Crown in right of the Commonwealth liable to be prosecuted for an offence.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Capital Territory (Self‑Government) Regulations 2021

26 July 2021 (F2021L01019)

27 July 2021 (s 2(1) item 1)

 

Australian Capital Territory (Self‑Government) Amendment Regulations 2024

30 Aug 2024 (F2024L01091)

31 Aug 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Part 2

 

s 5.....................

am F2024L01091

Schedule 1................

rep LA s 48C

 

 

Overview

The Australian Capital Territory (Self-Government) Regulations 2021 were enacted to provide detailed legislative provisions under the Australian Capital Territory (Self-Government) Act 1988. These regulations were introduced to fill the gap by providing a comprehensive framework for the legislative and administrative functions of the Australian Capital Territory's self-government. The enacting body for these regulations is the Parliament of the Australian Capital Territory, which has the authority to enact laws for the Territory. The primary policy objective of these regulations is to ensure that the Territory's legislative and administrative processes operate effectively and efficiently within the parameters set by the Australian Capital Territory (Self-Government) Act 1988. This includes specifying the enactments that bind the Crown in right of the Commonwealth, thereby clarifying the legal obligations and responsibilities of the Commonwealth in relation to the Territory's laws. The Australian Capital Territory (Self-Government) Regulations 2021 include provisions that outline the specific enactments which bind the Crown in right of the Commonwealth, ensuring that certain legislative instruments of the Australian Capital Territory are applicable to the Commonwealth in the same way they are to the Territory. This is crucial for maintaining consistency and coherence in the application of the Territory's laws, thereby supporting the overarching policy objective of enabling the Australian Capital Territory to exercise its legislative powers in a manner that aligns with its self-governing status while ensuring that the Commonwealth's obligations under these laws are clearly defined.

Scope and Application

The Australian Capital Territory (Self‑Government) Regulations 2021, as amended and in force as of 31 August 2024, are a compilation of the regulations made under the Australian Capital Territory (Self‑Government) Act 1988. These regulations specify a list of enactments that bind the Crown in right of the Commonwealth when they would otherwise do so, excluding the Crown from liability for prosecution for any offence under these enactments. The regulations encompass various areas, including adoption, commercial arbitration, environmental protection, evidence, and more. This regulatory framework applies to the Australian Capital Territory and is instrumental in delineating the scope of certain legislative enactments within this jurisdiction. The regulations also note any amendments, modifications, or repeals affecting the compiled law, ensuring that the law remains current and accurately reflects legislative intent. Any uncommenced amendments are accessible on the legislative register, and the endnotes provide comprehensive information about the amendment history and legislative changes, including editorial modifications made in the compilation.

Key Provisions

The Australian Capital Territory (Self-Government) Regulations 2021 outline specific enactments that bind the Crown in right of the Commonwealth under section 27 of the Australian Capital Territory (Self-Government) Act 1988. These enactments include a range of legislative instruments such as the Adoption Act 1993 (ACT), the Commercial Arbitration Act 2017 (ACT), and the Environment Protection Act 1997 (ACT), among others. This means that these laws will apply to the Commonwealth in the same way they apply to the Australian Capital Territory, ensuring uniformity and consistency in governance across jurisdictions. However, it is important to note that these enactments do not make the Crown in right of the Commonwealth liable to be prosecuted for an offence (Section 5(2)). The Regulations impose obligations on the Commonwealth to comply with these specified enactments when acting within the Australian Capital Territory. This includes adhering to the legal frameworks established by these Acts, ensuring that all actions taken by the Commonwealth in the ACT are consistent with the provisions of these laws. By binding these enactments on the Crown, the Regulations aim to maintain a cohesive legal environment and prevent any jurisdictional conflicts or disparities in the application of these laws. Failure to comply with the obligations outlined in these Regulations can result in various consequences. Although the Regulations do not explicitly state penalties for non-compliance, the broader legal framework under which these Regulations operate may include provisions for fines, legal action, or other enforcement mechanisms. Given the significant nature of the enactments involved, the implications of non-compliance could be severe, potentially leading to legal challenges or disputes regarding the enforcement of these laws. Additionally, the Regulations are subject to amendments and modifications, as evidenced by the Australian Capital Territory (Self-Government) Amendment Regulations 2024, which were registered on 30 August 2024 and commenced on 31 August 2024. These amendments update the list of enactments that bind the Crown in right of the Commonwealth, reflecting changes in legislation and ensuring that the Regulations remain current and relevant. The Regulations' detailed endnotes provide a comprehensive history of legislative amendments, helping to track changes and understand the evolution of the legal framework.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
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.