Australian Capital Territory Numbered Acts

LITTER LEGISLATION AMENDMENT ACT 2019 (NO. 39 OF 2019) - SECT 29

in part 5, insert

24ZA     Codes of practice

    (1)     The Minister may approve a code of practice setting out minimum standards or guidelines for this Act.

    (2)     However, the Minister must approve a code of practice setting out guidelines for the director-general in dealing with amenity impacts caused by hoarding (a hoarding code of practice ).

    (3)     Despite subsection (2), the Minister must not approve a hoarding code of practice within 6 months after the day this section commences.

    (4)     In approving a hoarding code of practice, the Minister must have regard to—

        (a)     the objects of the Act in section 6; and

        (b)     minimising amenity impacts, and ways of dealing with amenity impacts, on the wellbeing of people affected by the amenity impacts, including people whose hoarding caused the amenity impacts.

    (5)     Without limiting a hoarding code of practice, it must include guidelines about the following:

        (a)     the regular review of the circumstances of a person in relation to whom an abatement notice has been given, or an abatement order has been made, as a consequence of an amenity impact caused by the person's hoarding;

        (b)     the establishment of, or referral to, a group made up of representatives from government agencies and support services to advise the director-general in relation to the management of amenity impacts caused by hoarding;

        (c)     the circumstances in which a person whose hoarding has caused an amenity impact should be referred to a government agency or support service;

        (d)     the least restrictive means reasonably available to the director-general for dealing with amenity impacts caused by hoarding.

    (6)     An approved code of practice may apply, adopt or incorporate an instrument as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act

.

Note 3     A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

    (7)     An approved code of practice is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.