EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 405
Paragraph 74(d) of the Australian Capital Territory (Self-Government) Act 1988 (the Act) provides that the Governor-General may make regulations amending Schedule 5 to the Act as provided by section 34 of the Act.
Subsection 34 (8A) of the Australian Capital Territory (Self-Government) Act 1988 provides that the Governor-General may make regulations adding to the list of laws in Schedule 5 to the Act laws added to the list of laws in Schedule 3 to the Act by regulations made under subsection 34(8).
Schedule 3 to the Act as passed by Parliament in 1988 contained an incomplete list of laws of the Territory on matters which were not intended to pass from Commonwealth to Territory control on self-government day. Subsection 34(8) allowed the list to be added to by regulations made before self-government day, 9 May 1989. Laws listed in Schedule 3 alone will transfer to the Territory on 1 July 1992, at the latest, unless also listed in Schedule 5.
The present regulations add to the list in Schedule 5 the following laws, which were added to the list in Schedule 3 by regulations made before self-government day, and which cover matters for which there is no timetable for transfer of responsibility from the Commonwealth to the Territory:
Canberra Institute of the Arts Ordinance 1988: establishes the Canberra Institute of the Arts
Classification of Publications Ordinance 1983: governs the ACT censorship system
National Land Ordinance 1989: management by the Commonwealth of National Land under the Australian Capital (Planning and Land Management) Act 1988
National Memorials Ordinance_1 28: operations of the Canberra National Memorials Committee
Police Pensions Ordinance 1958: pension rights of some retired members of the former A.C.T. Police Force and their dependants
Reserved Laws (Administration) Ordinance 1989 and
Reserved Laws (Interpretation) Ordinance 1989: administration and interpretation of all reserved laws
Unlawful Assemblies Ordinance 1937: protection of the precincts of the former provisional Parliament House
Authorized by the Minister for the Arts, Tourism and Territories
Overview
The Australian Capital Territory (Self-Government) Regulations (Amendment) Statutory Rules 1990 No. 405 were introduced to address the issue of incomplete legislative transfer during the transition to self-government for the Australian Capital Territory. Enacted by the Governor-General under the authority of the Australian Capital Territory (Self-Government) Act 1988, these regulations amended Schedule 5 to include additional laws that were initially listed in Schedule 3 but had not been scheduled for transfer from Commonwealth to Territory control by the self-government day on 9 May 1989. The purpose of this amendment was to ensure a comprehensive list of laws that would transfer to the Territory by 1 July 1992, unless specifically excluded from Schedule 5. The policy objective of these regulations was to facilitate a smooth transition of governance by ensuring all relevant laws were appropriately accounted for and managed during the self-government period.
Scope and Application
The Australian Capital Territory (Self-Government) Regulations (Amendment) Statutory Rules 1990 No. 405 pertains to the Australian Capital Territory and specifically addresses the regulations concerning the Australian Capital Territory (Self-Government) Act 1988. These regulations are intended to amend Schedule 5 of the Act, which lists laws that are to be transferred to the Territory's control. The amendment process is authorised under section 34 of the Act, and allows for the addition of laws to the list in Schedule 5 that were initially included in Schedule 3. These laws are those that were not intended to transfer to the Territory upon the commencement of self-government on 9 May 1989. Laws listed in Schedule 3 alone will transfer to the Territory by 1 July 1992, unless also listed in Schedule 5. The specific laws added to Schedule 5 by these regulations cover areas such as the Canberra Institute of the Arts, censorship of publications, management of National Land, operations of the Canberra National Memorials Committee, pension rights of certain retired police officers, and the administration and interpretation of reserved laws. These regulations do not specify any exclusions or thresholds, and their scope is limited to the laws listed in the amendment.
Key Provisions
The Australian Capital Territory (Self-Government) Regulations (Amendment) Statutory Rules 1990 No. 405 provide for the addition of specific laws to Schedule 5 of the Australian Capital Territory (Self-Government) Act 1988 (the Act). This amendment is authorised by paragraph 74(d) of the Act and section 34(8A). The laws added to Schedule 5 include the Canberra Institute of the Arts Ordinance 1988, the Classification of Publications Ordinance 1983, the National Land Ordinance 1989, the National Memorials Ordinance 1982, the Police Pensions Ordinance 1958, the Reserved Laws (Administration) Ordinance 1989, the Reserved Laws (Interpretation) Ordinance 1989, and the Unlawful Assemblies Ordinance 1937. These laws pertain to matters that were not intended to be transferred from Commonwealth to Territory control by the self-government day, 9 May 1989.
These regulations impose specific obligations and requirements on the parties governed by the Act. By adding these laws to Schedule 5, the regulations clarify that these particular laws will remain under Commonwealth jurisdiction until a future date, specifically not later than 1 July 1992, unless otherwise listed in Schedule 5. This ensures that the specified laws are explicitly excluded from the automatic transfer of responsibilities to the Territory and remain under Commonwealth control.
Any breach of the provisions outlined in these regulations could potentially lead to legal consequences. Although the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the explanatory statement, the regulations themselves could be subject to judicial review if they are found to be inconsistent with the Act. Such inconsistencies could result in the regulations being declared invalid by a court of law, which could have significant implications for the continued governance of the specified laws and the administration of justice in the Australian Capital Territory.