Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Structural amendments
(see s 5)
Part 2.1 Legislation Act 2001
substitute
Note 2 Section 100 (1) deals with references to particular Acts.
Explanatory note
This amendment replaces a note to section 7 consequential on the remaking of chapter 10 (Referring to laws) by another amendment.
[2.2] Section 19 (5), example 3
omit
Explanatory note
This amendment omits an example that is no longer appropriate. The Australian Road Rules currently in force were notified as a notifiable instrument on 16 July 2004.
[2.3] Section 22A, definition of legislative material , example 1
substitute
1 Additional material entered in the register under section 19 (3) (Contents of register) that is not an Act or statutory instrument, for example, appointments of Ministers. Ministers are appointed by the Chief Minister under the Self-Government Act, section 41. An instrument notifying an appointment may be entered in the register even though the instrument is not a statutory instrument.
Explanatory note
This amendment omits part of an example that is no longer appropriate. The Australian Road Rules currently in force were notified as a notifiable instrument on 16 July 2004.
substitute
(h) amendments or other changes made under chapter 11 (Republication of Acts and statutory instruments); or
Explanatory note
This amendment adds a reference to amendments made under chapter 11 to more accurately reflect the wording used in chapter 11.
omit
, in writing,
Explanatory note
This amendment is consequential on the insertion of new section 42 (2) by another amendment.
omit
issued under this section
Explanatory note
This amendment omits words that are unnecessary in the context of the section.
omit
, in writing,
Explanatory note
This amendment is consequential on the insertion of new section 42 (2) by another amendment.
omit
in whole or in part
Explanatory note
This amendment removes unnecessary words.
omit
after the disallowance of the RIS exemption
substitute
after the day the RIS exemption is disallowed
Explanatory note
This amendment expressly provides that, in working out the period within which a regulatory impact statement must be presented to the Legislative Assembly after a RIS exemption is disallowed, the day on which the RIS exemption is disallowed is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
substitute
(d) the commencement of an Act or statutory instrument;
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment revises the paragraph to omit unnecessary words. Under the definitions of "Act" and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.
omit
in whole or part
Explanatory note
This amendment removes unnecessary words.
insert
(2) If an Act or statutory instrument gives power to make an instrument that would be a registrable instrument, the power can only be exercised by making an instrument.
Examples
See examples to section 56 (3) and section 255 (3).
Explanatory note
This amendment provides that power to make an instrument that would be a registrable instrument (eg a disallowable instrument) can only be exercised by making an instrument. The amendment removes any possibility that the safeguards attaching to these instruments (notification and, for disallowable instruments, presentation in the Legislative Assembly and possible disallowance or amendment) could be avoided by exercising the power orally rather than in writing. The amendment will remove the need to state in provisions giving power to make a registrable instrument that the power must be exercised in writing. For example, see the amendments of section 33 (1) and section 34 (2).
renumber as section 42 (3) and (4)
Explanatory note
This amendment is consequential on the insertion of new section 42 (2) by another amendment.
[2.14] Section 44 (1) and (2) (a)
omit
(or for the purposes of)
Explanatory note
This amendment omits words that are no longer necessary. "For", in relation to an Act or statutory instrument, is defined in the dictionary, part 1 to include for the purposes of the Act or statutory instrument.
[2.15] Section 45 (4), definition of disallowable instrument
substitute
"disallowable instrument", for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
Explanatory note
This amendment updates the definition to take account of the enactment of the Legislative Instruments Act 2003 (Cwlth).
[2.16] Section 45 (4), definition of law
substitute
"law" means—
(a) an Act, subordinate law or disallowable instrument; or
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
(b) a Commonwealth Act or a disallowable instrument under a Commonwealth Act (or a provision of such an Act or instrument).
Explanatory note
This amendment is consequential on the revised definition of disallowable instrument substituted by another amendment. The amendment also revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law and "disallowable instrument" in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
[2.17] Section 47 (10), definition of ACT law
substitute
"ACT law" means an Act, subordinate law or disallowable instrument.
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
Explanatory note
The amendment revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law and "disallowable instrument" in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
[2.18] Section 47 (10), definition of disallowable instrument
substitute
"disallowable instrument", for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
Explanatory note
This amendment updates the definition to take account of the enactment of the Legislative Instruments Act 2003 (Cwlth).
[2.19] Section 47 (10), definition of law of another jurisdiction , paragraph (a)
substitute
(a) a Commonwealth Act or a disallowable instrument under a Commonwealth Act; or
Explanatory note
This amendment is consequential on the revised definition of disallowable instrument substituted by another amendment.
after
available for inspection
insert
(on the internet or otherwise)
Explanatory note
This amendment makes it clear that it is sufficient for this section if the map, plan or register is available for inspection on the internet and does not need to be physically available for inspection.
substitute
(1) This section applies if an Act (the authorising law ) authorises fees to be determined for an Act or statutory instrument (the relevant law ).
Explanatory note
This amendment makes it clear that an Act can authorise fees to be determined for a number of laws (see also Legislation Act, section 49 (Single instrument may exercise several powers or satisfy several requirements) and section 145 (Gender and number)).
[2.22] Section 56 (3), example
substitute
Example
The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval. However, the Act, section 79 (1) provides:
(1) The Minister may determine fees for this Act.
Because section 79 (1) permits a fee to be determined ‘for this Act', this Act, section 56 applies in relation to section 15 and the Minister may, in writing, determine an application fee for the approval.
Note 1 The determination must be in writing (see s 42 (2)).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
Explanatory note
This amendment is consequential on the insertion of a new section 42 (2) by another amendment.
omit
specifying
substitute
stating
Explanatory note
This amendment updates language.
omit
specified
substitute
stated
Explanatory note
This amendment updates language.
[2.25] Section 56 (4), example
omit
specifying
substitute
stating
Explanatory note
This amendment updates language.
omit
(in whole or part)
substitute
(completely or partly)
Explanatory note
This amendment updates language.
[2.27] Section 56 (5), examples for par (e), example 1
substitute
1 a provision that a levy is payable within 30 days after the day goods are sold
Explanatory note
This amendment brings the language of the example into line with current drafting practice.
omit
(in whole or part)
substitute
(completely or partly)
Explanatory note
This amendment updates language.
[2.29] Section 59 (2), example 2
omit
could
substitute
may
Explanatory note
This amendment makes the language of the example consistent with example 1.
omit
the maker of, or the appropriate person for,
substitute
an authorised person for making a notification request for
Explanatory note
This amendment simplifies the subsections by substituting a single self-explanatory concept for the people who can request notification of the making of a registrable instrument. The amendment also recognises that, under the replacement of section 61 (12) by another amendment, usually a notification request can be made by 1 of a number of people.
omit
the maker of, or appropriate person for,
substitute
an authorised person for making a notification request for
Explanatory note
This amendment is consequential on the amendment of section 61 (1).
substitute
(10) The notification of a registrable instrument is valid even if—
(a) a prescribed requirement was not complied with; or
(b) the notification was made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument.
Explanatory note
This amendment ensures the legal effectiveness of the notification of a registrable instrument made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument. Once a registrable instrument is notified it will not matter that there may have been, for example, a defect in a delegation relied on to make the notification request. The amendment will remove any need for people seeking to rely on a notified registrable instrument to check the validity of a delegation used in making the notification request. The amendment complements the judicial notice provision about notification made by the Legislation Act, section 26 (1) (b) and section 242 (Delegation not affected by defect etc).
substitute
(12) In this section:
"authorised person", for making a notification request for a registrable instrument, means—
(a) the maker of the instrument; or
(b) for a registrable instrument made by the Executive—a Minister or chief executive; or
(c) for a registrable instrument made by a Minister—a chief executive; or
(d) for a registrable instrument made by the rule-making committee—
(i) the secretary of the committee; or
(ii) the registrar of a court or tribunal in relation to which the instrument applies; or
(e) for any other registrable instrument made by a court or tribunal, or by a member (however described) of a court or tribunal—the registrar of the court or tribunal; or
(f) for any other registrable instrument (other than an instrument prescribed by regulation for this paragraph)—a chief executive; or
(g) for a registrable instrument prescribed by regulation for this paragraph—a person prescribed by regulation as an authorised person for making a notification request for the instrument.
"rule-making committee" means the rule-making committee established under the Court Procedures Act 2004 .
Explanatory note
This amendment simplifies existing section 61 by including the maker of a registrable instrument within the definition of authorised person for making a notification request for the instrument. It also broadens, in a number of respects, the people who (apart from the maker) can request the notification of registrable instruments.
First, the definition of "authorised person", paragraph (b) will allow any Minister or chief executive to request the notification of a registrable instrument made by the Executive. Under the existing definition of appropriate person a notification request for an Executive instrument can only be made by a Minister. However, in practice registrable instruments made by the Executive are notified under a delegation made by a Minister (usually the Chief Minister) to a chief executive (usually the Chief Executive, Chief Minister's Department) and a subdelegation made by the chief executive to the public servants who in fact make the notification requests. Paragraph (b) will allow this process to be simplified.
Second, the definition of "authorised person", paragraph (c) will allow any chief executive to request the notification of a registrable instrument made by a Minister. Under the Legislation Regulation 2003 , section 11 a notification request for a Ministerial instrument can only be made by the chief executive of the administrative unit responsible for the provision under which the instrument is made. In practice this has been unnecessarily restrictive. For example, it can be more convenient for concurrent notification requests to be made for a Ministerial instrument (eg a disallowable instrument or commencement notice) that is made as part of a package with an Executive instrument (eg a regulation). At present this can only be achieved through delegations between administrative units.
Third, the definition of "authorised person", paragraph (d) will allow notification requests for registrable instruments made by the rule-making committee under the Court Procedures Act 2004 to be made by the secretary of the committee or the registrar of a court or tribunal in relation to which the instrument applies. This will remove the need for the Chief Justice to appoint people for making notification requests. The amendment inserts a definition of rule-making committee for the paragraph.
Fourth, the definition of "authorised person", paragraph (e) will allow notification requests for any other registrable instruments made by a court or tribunal (or a member of the court or tribunal) to be made by the registrar of the court or tribunal.
Fifth, the definition of "authorised person", paragraphs (f) and (g) will allow a notification request for any other registrable instrument to be made by any chief executive or someone prescribed by regulation. Under the Legislation Regulation 2003 , section 11 such a notification request can only be made by the chief executive of the administrative unit responsible for the provision under which the instrument is made. In practice this has been unnecessarily restrictive.
Although the amendment broadens the people who can request the notification of registrable instruments, it does not affect the power to make registrable instruments (nor the people who can make registrable instruments).
omit
under
substitute
in accordance with
Explanatory note
This amendment tightens language.
substitute
(a) on the day after the day the disallowance is notified; or
Explanatory note
This amendment brings the default repeal commencement provision for disallowances of subordinate laws or disallowable instruments arising from Legislative Assembly resolutions into line with the default commencement provision for Acts and registrable instruments under the Legislation Act, section 73.
omit
after the disallowance
substitute
after the day of the disallowance
Explanatory note
This amendment expressly provides that, in working out the period within which a law the same in substance as a disallowed law must not be made, the day of the disallowance is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
substitute
(a) on the day after the day the amendment is notified; or
Explanatory note
This amendment brings the default commencement provision for amendments of subordinate laws or disallowable instruments arising from Legislative Assembly resolutions into line with the default commencement provision for Acts and registrable instruments under the Legislation Act, section 73.
omit
after the making of the amendment
substitute
after the day the amendment is made
Explanatory note
This amendment expressly provides that, in working out the period within which a law the same in substance as a subordinate law or disallowable instrument amended by resolution of the Legislative Assembly must not be made, the day the amendment is made is not counted. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
omit
after the instrument
substitute
after the day the instrument
Explanatory note
This amendment clarifies how to work out a period required for the application of this section. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
omit
after the notice
substitute
after the day the notice
Explanatory note
This amendment clarifies how to work out a period required for the application of this section. The amendment is in accordance with current drafting practice and reflects the present position under the Legislation Act, section 151 (2) and (3) (b).
[2.41] Section 72, definition of law
substitute
"law" means an Act or statutory instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act" and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.
[2.42] Section 73 (2), examples for par (b), example 2
substitute
2 A disallowable instrument may provide that it commences on the commencement of a stated law or a stated provision of a stated law.
Explanatory note
This amendment amends the example to reflect current drafting practice and brings the example into line with the Legislation Act, section 79A (3).
omit
may not
substitute
cannot
Explanatory note
This amendment tightens language.
[2.44] Section 79 (4), definition of law
substitute
"law" means an Act, subordinate law, disallowable instrument or notifiable instrument.
Note A reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8, s 9 and s 10).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law , disallowable instrument and notifiable instrument in sections 7 to 10, a reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
[2.45] Section 79 (4), definition of postponed law
omit
the notification day
substitute
its notification day
Explanatory note
This amendment tightens language.
[2.46] Section 81 (1), new examples
insert
Examples of powers to which section applies
1 power to delegate a function
2 power to give or issue an approval, consent, licence, permit or other authority (however described)
3 power to make an acting appointment
4 power to issue guidelines
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment includes examples of powers to which section 81 applies. The examples are largely drawn from section 94 (Continuance of appointments etc made under amended provisions).
[2.47] Section 82, definition of law
substitute
"law" means an Act or statutory instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act" and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.
omit
begun
substitute
started
Explanatory note
This amendment updates language.
[2.49] Section 84A (4), definition of law
substitute
"law" means an Act or subordinate law.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 8).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act" and subordinate law in sections 7 and 8, a reference to an Act or subordinate law includes a reference to a provision of the Act or law. The amendment also inserts a note to this effect.
omit
otherwise
Explanatory note
This amendment omits an unnecessary word.
insert
(1A) Subsection (1) does not apply to a declaration or validation that is made by a law modifying another law.
Explanatory note
This amendment makes it clear that the effect of a modification ends when the modification ends and is not saved by section 88 (1).
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment is consequential on the insertion of new section 88 (1A) by another amendment.
[2.53] Section 89 (12), definition of amending law , paragraph (b)
substitute
(b) a preamble or recital (however described);
Explanatory note
This amendment expands the paragraph to include recitals (which are sometimes used in statutory instruments) in the definition of amending law .
[2.54] Section 89 (12), definition of amending law , paragraph (f), new note
insert
Note A note itself is not part of an Act or statutory instrument (see s 127).
Explanatory note
This amendment includes a note drawing attention to the legal status of notes.
after
12 April 2002.
insert
The Act is automatically repealed under section 89 on the day after all of its provisions have commenced, 13 April 2002.
Explanatory note
This amendment adds material to the example to explain when the Act given in the example is automatically repealed.
after
subsection (1).
insert
It is, therefore, not automatically repealed under section 89.
Explanatory note
This amendment adds material to the example to state expressly that the Act given in the example is not automatically repealed under section 89.
substitute
(8) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.
Explanatory note
This amendment remakes subsection (8) so that it is expressed to apply to a law that is divided otherwise than into sections. Existing subsection (8) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section' instead of ‘regulation' or ‘clause' and ‘subsection' instead of ‘subregulation' or ‘subclause'. Because of the definition of law in section 82 (and the definitions of Act and statutory instrument in sections 7 and 13), the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).
[2.58] Section 92 (1), example
omit
and twice in section 20 (3)
substitute
, twice in section 20 (3), once in an example to section 20 (4) and twice in a note to section 20 (5)
Explanatory note
This amendment amends an example to expressly cover notes and examples.
substitute
(10) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.
Explanatory note
This amendment remakes subsection (10) so that it is expressed to apply to a law that is divided otherwise than into sections. Existing subsection (10) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section' instead of ‘regulation' or ‘clause' and ‘subsection' instead of ‘subregulation' or ‘subclause'. Because of the definition of law in section 82 (and the definitions of Act and statutory instrument in sections 7 and 13), the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).
after
made to
insert
, or in relation to,
Explanatory note
This amendment recognises that the operation of a relocated provision may be affected by changes made to other provisions of the law to which the provision is relocated and by existing provisions of that law.
substitute
Chapter 10 Referring to laws
97 Definitions for ch 10
(1) In this chapter:
"ACT law" means an Act or statutory instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
"law "means an ACT law or a law of another jurisdiction.
"law of another jurisdiction" means an Act or statutory instrument of another jurisdiction, and includes a provision of an Act or statutory instrument of another jurisdiction.
Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2).
(2) In this section:
"Act", in relation to another Territory, includes ordinance.
"statutory instrument", of another jurisdiction, means an instrument (whether or not legislative in nature) made under—
(a) an Act of the other jurisdiction; or
(b) another statutory instrument of the other jurisdiction; or
(c) power given by an Act or statutory instrument of the other jurisdiction and also power given otherwise by law.
98 References to ACT law include law containing reference
In an ACT law, a reference in general terms to an ACT law of the same kind includes a reference to the law itself.
Example
The ABC Act 2001 , section 27 gives a power to confiscate property under certain circumstances. Section 93 of the same Act provides ‘If an Act authorises the confiscation of property, the owner of the property has a right of appeal to the Magistrates Court.' The right of appeal under section 93 also applies to the power given by section 27 because the reference to ‘an Act' in section 93 includes a reference to the ABC Act 2001 .
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
99 References in ACT statutory instruments to the Act
In a statutory instrument, a reference to Act or the Act , without mentioning a particular Act, is a reference to the Act under which the instrument is made or in force.
100 Referring to particular ACT laws
(1) An Act may be referred to by—
(a) the name the Act gives to itself; or
(b) the year it was passed and its number, together with a reference (if necessary) to indicate that it is an Act.
Example of reference to indicate Act
An Act may be referred to using the word Act or the letter ‘A' (eg ‘A1993-1' is a reference to Act No 1 of 1993).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
(2) A statutory instrument may be referred to by—
(a) any name the instrument gives to itself; or
(b) if the instrument was notified in the register or gazette and was numbered under this Act or another territory law—the year it was notified and its number, together with a reference (if necessary) to the kind of instrument; or
(c) if the instrument was not notified but was numbered under a territory law—the year it was made and its number, together with a reference (if necessary) to the kind of instrument; or
(d) if the instrument was notified in the gazette before the commencement of this Act—the number, date and page of the gazette where it was notified; or
(e) the date it was made, together with a reference to the Act or statutory instrument under which it was made.
Examples of references to kind of instrument for par (b)
1 A subordinate law may be referred to using the letters ‘SL' (eg ‘SL2000-11' is a reference to subordinate law No 11 of 2000).
2 A disallowable instrument may be referred to using the letters ‘DI' (eg ‘DI1997-101' is a reference to disallowable instrument No 101 of 1997).
3 A notifiable instrument that is not an approved form may be referred to using the letters ‘NI' (eg ‘NI2002-226' is a reference to notifiable instrument No 226 of 2002).
4 An approved form may be referred to using the letters ‘AF' (eg ‘AF2003-1' is a reference to approved form No 1 of 2003).
5 A commencement notice may be referred to using the letters ‘CN' (eg ‘CN2002-3' is a reference to commencement notice No 3 of 2002).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
101 Referring to particular laws of other jurisdictions etc
(1) In an ACT law, a law of another jurisdiction (the relevant law ) may be referred to—
(a) by the name the relevant law gives to itself; or
(b) in any other way sufficient in a law of the other jurisdiction for referring to the relevant law; or
(c) in any way that, under current legislative drafting practice, would be sufficient for referring to the relevant law if it were an ACT law;
together with a reference to the jurisdiction (or an abbreviation of the jurisdiction).
(2) In an ACT law, a provision of a law of another jurisdiction may be referred to—
(a) in a way sufficient in a law of the other jurisdiction for referring to the provision; or
(b) in any way that, under current legislative drafting practice, would be sufficient for referring to the provision if it were a provision of an ACT law.
(3) Subsection (2) does not limit any other provision of this chapter.
102 References to laws include references to laws as in force from time to time
(1) In an ACT law, a reference to a law includes a reference to the following:
(a) the law as originally made, and as amended from time to time since it was originally made;
(b) if the law has been repealed and remade (with or without changes) since the reference was made—the law as remade (or last remade), and as amended from time to time since it was remade (or last remade);
(c) if a relevant provision of the law has been omitted and remade (with or without changes) in another law since the reference was made—the law in which the provision was remade (or last remade), as in force when the provision was remade (or last remade), and as amended from time to time since the provision was remade (or last remade).
(2) In an ACT law, a reference to a provision of a law includes a reference to the following:
(a) the provision as originally made, and as amended from time to time since it was originally made;
(b) if the provision has been omitted and remade (with or without changes and whether in the law or another law) since the reference was made—the provision as remade (or last remade), and as amended from time to time since it was remade (or last remade).
(3) To remove any doubt, if the name of a law is amended, a reference in an ACT law to the law by its name before the amendment includes a reference to the law by its name as amended.
(4) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).
(5) In this section:
"made" includes enacted.
103 References to repealed laws
In an ACT law, a reference to a law as repealed is a reference to the law as in force immediately before it was repealed.
Example
A reference to the ‘ XYZ Act 2000 (repealed)' is a reference to the XYZ Act 2000 immediately before it was repealed.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
104 References to laws include references to instruments under laws
(1) In an ACT law, a reference (either generally or specifically) to a law includes a reference to the statutory instruments made or in force under the law.
(2) In subsection (1), a reference to the statutory instruments made or in force under the law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law.
(3) This chapter applies to an instrument applied, adopted or incorporated under a law as if—
(a) the instrument were a law; and
(b) any other necessary changes were made.
(4) In this section:
"statutory instrument", of another jurisdiction—see section 97 (2).
105 Referring to provisions of laws
In an ACT law, a provision of a law may be referred to by reference to the provision of the law in which it is contained.
Example
Paragraph (b) of subsection (2) of section 10 of an Act may be referred to by reference to the section, subsection and paragraph, that is, as section 10 (2) (b).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
106 References to provisions of laws are inclusive
In an ACT law, a reference to any part of a law is a reference to the following:
(a) the provision of the law that begins the part;
(b) the provision of the law that ends the part;
(c) any provision of the law between the beginning and end of the part.
Examples
1 A reference to ‘ sections 5 to 9' includes both section 5 and section 9.
2 A reference to ‘sections 260 to 264' includes a provision such as a part heading between section 260 and section 261.
3 A reference to ‘ from child to adult' includes both the word ‘child' and the word ‘adult'.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
106A References to paragraphs etc of laws
(1) In an ACT law, a reference to a paragraph of a provision of a law includes any words in the provision before or after the paragraph that are necessary or desirable to make the reference meaningful.
Example
A subsection may be divided into paragraphs as follows:
‘(2) An application must be—
(a) in writing; and
(b) accompanied by a copy of the advertisement of the applicant's intention to apply.'
Paragraphs form part of the sentence in which they are contained. A reference to paragraph (a) in this example that did not include the preceding words ‘An application must be' would be meaningless. Section 106A therefore allows the paragraph to be read with those words so that it makes sense.
Note 1 Although this section contains a reference to an ACT law and a reference to a law, s 98 makes it clear that the references can be to the same law.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
(2) In this section:
"paragraph" includes a subparagraph and a sub-subparagraph.
Explanatory note
This amendment remakes chapter 10 (Referring to laws) to simplify its provisions and reorganise them into a more logical arrangement. The simplification is achieved largely by the insertion of new definitions of "ACT law", law and law of another jurisdiction for the chapter in new section 97.
The definition of "ACT law" includes all statutory instruments. At present a number of provisions of the chapter distinguish between subordinate laws and disallowable instruments and other statutory instruments (see eg existing section 97). There is no reason in principle why this distinction needs to be maintained as a general rule. There is in fact considerable advantage to users of ACT legislation in having the provisions of the chapter apply as consistently as possible to all statutory instruments.
The definitions of law and law of another jurisdiction are inserted to enable the provisions of the chapter to be simplified. The definition of law of another jurisdiction provides a definition for certain other jurisdictions equivalent to the definition of ACT law . The definition of statutory instrument in new section 97 (2) mirrors the existing definition of statutory instrument in the Legislation Act, section 13. Another jurisdiction is defined (in a definition being inserted in the dictionary, part 2 by another amendment) to include the Commonwealth, a State, another Territory, the United Kingdom and New Zealand. The application of the definition has the effect of extending the operation of the chapter to references to United Kingdom and New Zealand laws. Most, but not all, of the provisions of the chapter already operate in relation to references to laws of the Commonwealth, a State or a Territory. Presently only existing section 99 (Referring to particular Acts) and existing section 100 (Referring to statutory instruments) apply to United Kingdom laws. None of the provisions of the chapter presently apply to New Zealand laws even though New Zealand laws are occasionally referred to in ACT laws.
The new definitions are inserted at the beginning of the chapter as new section 97. The subsequent sections of new chapter 10 are organised as follows:
• new sections 98 to 100 deal with references to ACT laws only
• new section 101 deals with references to laws of other jurisdictions only
• new sections 102 to 104 deal with references to laws generally (ie ACT laws and laws of other jurisdictions)
• new sections 105 to 106A also apply to references to laws generally but focus on references to provisions of those laws.
The following table lists the provisions of
existing chapter 10 and the corresponding provision of the new chapter.
Provision of existing ch 10 | Corresponding provision of new ch 10 |
|---|---|
|
section 97 (References to law or instrument include law or instrument containing reference) | section 98 (References to ACT law include law containing reference) |
| section 98 (Referring to laws in general terms) |
[covered by general provisions] |
| section 99 (Referring to particular Acts) | s 100 (1) (Referring to particular ACT laws) s 101 (Referring to particular laws of other jurisdictions etc) |
| section 100 (Referring to statutory instruments) | section 100 (2) (Referring to particular ACT laws) section 101 (Referring to particular laws of other jurisdictions etc) |
section 101 (Referring to provisions of laws or instruments) | section 105 (Referring to provisions of laws) |
| section 101A (Reference to provisions of law or instrument is inclusive) | section 106 (References to provisions of laws are inclusive) |
| section 101B (References to paragraphs etc) |
section 106A (References to paragraphs etc of laws) |
| section 102 (Meaning of references to a law or instrument generally) | section 102 (References to laws include references to laws as in force from time to time) |
| section 103 (References to laws and instruments with amended names) | section 102 (3) |
| section 104 (References to laws include references to instruments under laws) | section 104 (References to laws include references to instruments under laws) |
| section 105 (References in statutory instruments to the Act ) | section 99 (References in ACT statutory instruments to the Act ) |
| section 106 (References to repealed laws) |
section 103 (References to repealed laws) |
Most provisions of existing chapter 10 have been consequentially amended and substantially simplified (eg by removing section definitions and redundant words) because of the new definitions.
In addition, the headings of a number of sections have been changed to more accurately indicate their scope and content. For example, the heading to existing sections 97, 99 and 105 have been changed to make it clear to the reader that the sections are only about ACT laws.
Additional changes made to particular sections are noted below.
New section 100 has been revised to bring the section more closely into line with the provisions of the Legislation Act about the numbering of Acts and registrable instruments (see section 27 and section 59). In particular, new section 100 (2) now deals separately with instruments that have been notified and numbered under a territory law and instruments that have not been notified but have been numbered under a territory law. For an instrument that is notified, the year of notification rather than the year of making is used in referring to the instrument (see Legislation Act, section 59 (1) and section 60 (1) (a)). The existing provision has been simplified by omitting subsection (1) (c) (iii). That provision is no longer necessary as all instruments notified in the register are numbered and so are covered by new section 100 (2) (b).
New section 101 is about referring to laws, and provisions of laws, of other jurisdictions. The section replaces in a simplified form the existing provisions of section 99 (2) to (4) and section 100 (2) to (4). Subsection (1) recognises that current ACT legislative drafting practice is used in referring to all laws (including laws of other jurisdictions). For example, ACT legislative styles in the use of italics in legislation names are used rather than any different style of another jurisdiction. Subsection (2) recognises that current ACT legislative drafting practice is used in referring to the provisions of all laws (including laws of other jurisdictions). For example, Commonwealth provisions are referred to using ACT legislative reference styles rather than Commonwealth styles eg ‘section 20 (1)' rather than ‘subsection 20 (1)'.
Existing section 99 (2) to (4) covers references to Acts and ordinances of the Commonwealth, a State, another Territory and the United Kingdom. Existing section 100 (2) to (4) covers references to instruments of the Commonwealth, a State, another Territory and the United Kingdom. The amendment broadens the existing provisions to include references to laws of New Zealand.
New subsection (3) makes it clear that other provisions of the chapter apply to references to provisions of laws of other jurisdictions eg new section 102 (References to laws include references to laws as in force from time to time), new section 105 (Referring to provisions of laws), new section 106 (References to provisions of laws are inclusive) and new section 106A (References to paragraphs etc of laws).
New section 102 (1) and (2) has been revised to clarify its operation to laws and provisions that have been remade more than once. In this case, a reference to the law or provision includes a reference to the law or provision as last remade, and as amended from time to time since then.
New section 102 (3) —under existing section 103, if the name of a law is amended, a reference to the name includes a reference to the name as amended. It is likely that this is already covered under the terms of existing (and proposed replacement) section 102 (1) (a). However, to remove any doubt the provision is included expressly as new section 102 (3).
New section 104 (3) has been included to apply the provisions of the chapter to instruments applied, adopted or incorporated under laws. The subsection will, for example, ensure that new section 106 (References to provisions of laws are inclusive) applies to a reference to a part of an applied instrument. This result is achieved in existing chapter 10 by the definitions of instrument contained in most of the sections of the chapter (see eg section 101A (2)).
New section 106A extends the operation of existing section 101B to references to a paragraph of a law of another jurisdiction. The amendment brings the section into line with other provisions of the chapter that already apply to references to provisions of laws of other jurisdictions eg existing section 101 (Referring to provisions of laws or instruments) and existing section 101A (Reference to provisions of law or instrument is inclusive).
Existing section 98 is not reproduced in new chapter 10. This is because the existing section does not add anything that is not already covered in the Act as amended so separate provision for it is not necessary. For example, existing section 98 (1) states that an Act may be referred to by the word ‘Act' alone. However, the combined effect of the definition of the term Act in section 7 and the provisions of new sections 98 and 100 (1) now cover this point. Similarly, the combined effect of the definition of statutory instrument in section 13 and the provisions of new sections 98 and 100 (2) cover what existing section 98 (2) provides. In addition, under the Legislation Act, section 122 (1) (b) a reference to anything by name or description is a reference to the thing of that name or description in or for the Territory (unless the provision is displaced). A reference to an ‘Act' or ‘statutory instrument' without more is, therefore, a reference to an ‘ACT Act' or ‘ACT statutory instrument'.
[2.62] Section 107, definition of law , new note
insert
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment inserts a new note for consistency with other amendments.
omit
Explanatory note
This amendment is consequential on the amendments of section 116.
renumber as section 111 (3)
Explanatory note
This amendment is consequential on the omission of section 111 (3) by another amendment.
[2.65] New section 116 (1) (o)
insert
(o) is consequential on any amendment made to the law by another law; or
Explanatory note
The effect of this amendment is to relocate the power to make editorial amendments consequential on substantive amendments made by laws from part 11.2 (Substantive amendments made by laws) to part 11.3 (Editorial changes). This power is more appropriately located in part 11.3. In part 11.3 the following provisions will apply to consequential amendments made under the relocated power:
• section 115 (Amendments not to change effect)
• section 117 (Legal effect of editorial changes)
• section 118 (Reference to editorial amendments).
Examples of the kinds of amendments that could be made under the power are inserted by another amendment of section 116.
renumber as section 116 (1) (p)
Explanatory note
This amendment is consequential on the insertion of new section 116 (1) (o) by another amendment.
[2.67] Section 116 (1), new examples
insert
Examples of consequential amendments for par (o)
1 If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted.
2 If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted.
3 If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3).
4 If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6).
5 If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c).
6 If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d).
7 If an amendment makes a change mentioned in any of examples 1 to 6, a cross-reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered.
8 If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg ‘and'), the conjunction may be added after the semicolon.
9 If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted.
10 If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment includes examples of some of the more common consequential editorial amendments that are authorised by new section 116 (1) (o), which is inserted by another amendment.
substitute
(2) In this section:
"law" includes a law of another jurisdiction.
"law of another jurisdiction"—see section 97 (1).
Explanatory note
This amendment remakes the existing definition of law using the term ‘another jurisdiction'. A definition of that term is inserted in the dictionary, part 2 by another amendment. The amendment also inserts a definition of law of another jurisdiction to clarify the meaning of that term.
[2.69] Section 125, definition of law
substitute
"law" means an Act, subordinate law or disallowable instrument.
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law and "disallowable instrument" in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
substitute
(8) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment remakes subsection (8) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (8) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section' instead of ‘regulation' or ‘clause' and ‘subsection' instead of ‘subregulation' or ‘subclause'. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).
substitute
(6) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment remakes subsection (6) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (6) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section' instead of ‘regulation' or ‘clause' and ‘subsection' instead of ‘subregulation' or ‘subclause'. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).
omit
Explanatory note
This amendment omits an unnecessary provision as the provisions to which this section would apply are now all called sections or subsections.
renumber as section 134 (7)
Explanatory note
This amendment is consequential on the omission of section 134 (7) by another amendment.
omit
Explanatory note
This amendment omits an unnecessary provision as the provisions to which this section would apply are now all called sections or subsections.
renumber as section 135 (6)
Explanatory note
This amendment is consequential on the omission of section 135 (6) by another amendment.
omit
body
substitute
entity
Explanatory note
This amendment updates language. Entity is defined in the Legislation Act, dictionary, part 1.
[2.77] Section 146 (4), definitions of applicable law and applicable provision
substitute
"applicable law" means an Act enacted, or statutory instrument made, after the application date.
"applicable provision" means a provision inserted after the application date into an Act or statutory instrument that is not an applicable law.
"application date" means—
(a) for an Act, subordinate law or disallowable instrument—1 January 2000; and
(b) for any other statutory instrument—1 January 2006.
Explanatory note
This amendment has the effect of extending the operation of section 146 (3), from 1 January 2006, to statutory instruments that are not subordinate laws or disallowable instruments. Section 146 (3) has applied to Acts, subordinate laws and disallowable instruments since 1 January 2000.
As a result of section 146 (3), section 146 (which deals with the meaning of may and must ) is a determinative provision in relation to laws and provisions to which section 146 (3) applies (but not other laws or provisions). Determinative provisions may only be displaced expressly or by a manifest contrary intention (see Legislation Act, section 6).
[2.78] Section 156 (1), new example 3
insert
3 In part 6 of an Act (which is headed ‘Part 6 Complaints'), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words ‘In this part:'. However, the dictionary to the Act contains the following definition:
"a"—see section 50.
The definition of a applies to the entire Act (compare s (2) eg 2).
Explanatory note
This amendment inserts a new example to clarify the application of definitions in dictionaries. The example is consistent with current drafting practice.
[2.79] Section 156 (2), example 2
substitute
2 In part 6 of an Act (which is headed ‘Part 6 Complaints'), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words ‘In this part:'. However, the dictionary to the Act contains the following definition:
"a", for part 6 (Complaints)—see section 50.
The definition of a applies to all of part 6, but not to provisions of the Act outside part 6 (compare s (1) eg 3).
Explanatory note
This amendment revises an example to clarify the application of definitions that are not in dictionaries. The revised example complements section 156 (1), new example 3 and is consistent with current drafting practice.
substitute
(4) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section is a reference to a corresponding provision of the Act or instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment remakes subsection (4) so that it is expressed to apply to an Act or statutory instrument that is divided otherwise than into sections. Existing subsection (4) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section' instead of ‘regulation' or ‘clause' and ‘subsection' instead of ‘subregulation' or ‘subclause'. Because of the definition of Act and statutory instrument in sections 7 and 13, the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items).
[2.81] Section 175, definition of law
substitute
"law" means an Act, subordinate law or disallowable instrument.
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law and "disallowable instrument" in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
[2.82] Section 182, definition of law
substitute
"law" means an Act or statutory instrument.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act" and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument. The amendment also inserts a note to this effect.
substitute
183 Change of name of entity
(1) If a law changes the name of an entity established under a law, the entity continues in existence under the new name and its identity is not affected by the change.
(2) If the name of an entity is changed, a reference in a law to the entity by its previous name is taken, after the change, to be a reference to the entity by its new name.
(3) To remove any doubt, subsection (2) applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction.
Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2).
Explanatory note
Existing section 183 deals with the effect of a change of the name on the status of an entity established under an ACT law. The section also deals with the operation of references in ACT laws to the entity by its previous name. The amendment remakes the section to deal with the operation of references in ACT laws to an entity that is not established under ACT law. The remade section will, for example, deal with references in ACT laws to an entity established under a Commonwealth law by a previous name.
insert
184A References to entity
(1) In a law, a reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise.
(2) To remove any doubt, this section applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction.
Explanatory note
This amendment inserts a new section to make it clear that a reference in an ACT law to an entity established otherwise than under ACT law includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise. The Legislation Act, section 239 (2) already deals with delegates and subdelegates of entities established under ACT law. The amendment complements the amendments of section 185.
omit
In
substitute
(1) In
Explanatory note
This amendment is consequential on the insertion of new section 185 (2) by another amendment.
insert
(2) To remove any doubt, this section applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction.
Explanatory note
This amendment makes it clear that section 185 (which is about the meaning of references to the occupant of a position) applies to all positions and not just positions established under ACT law. Although section 185 is presently expressed in sufficiently general terms to cover all positions, it is arguable that, because of the Legislation Act, section 122 (1) (b), the section only applies to positions in or for the Territory. On this basis, the section may not, for example, presently apply to references in ACT law to positions established under Commonwealth law eg the commissioner of police or chief police officer. The amendment will remove any doubt that the section applies to all references in ACT law to the occupants of positions, whether or not the positions are established under ACT law.
substitute
186 Change of name of position
(1) If a law changes the name of a position established under a law, the position continues in existence under the new name and its identity is not affected by the change.
(2) If the name of a position is changed, a reference in a law to the position by its previous name is taken, after the change, to be a reference to the position by its new name.
(3) To remove any doubt, subsection (2) applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction.
Explanatory note
Existing section 186 deals with the effect of a change of the name on the status of a position established under an ACT law. The section also deals with the operation of references in ACT laws to the position by its previous name. The amendment remakes the section to deal with the operation of references in ACT laws to a position that is not established under ACT law. The remade section will, for example, deal with references in ACT laws to a position established under a Commonwealth law by a previous name.
substitute
187 Chair and deputy chair etc
(1) If a law establishes a position of chair or chairperson of an entity, the chair or chairperson may be referred to as chairman, chairwoman, chairperson or chair.
(2) If a law establishes a position of deputy chair or deputy chairperson of an entity, the deputy chair or deputy chairperson may be referred to as deputy chairman, deputy chairwoman, deputy chairperson or deputy chair.
Explanatory note
This amendment updates the provision to allow for laws that establish a position of ‘chair' or ‘deputy chair'.
substitute
188 Meaning of ACT law in ch 18
In this chapter:
"ACT law" means an Act or subordinate law.
Note A reference to an Act or subordinate law includes a reference to a provision of the Act or law (see s 7 and s 8).
Explanatory note
This amendment changes the defined term from territory law to ACT law for consistency with the equivalent defined term proposed for chapter 10 by another amendment. The replacement definition has been simplified by omitting unnecessary words.
omit
a territory law
substitute
an ACT law
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
the territory law
substitute
the ACT law
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
a law
substitute
an ACT law
Explanatory note
This amendment ensures that the definition of ACT law proposed for section 188 applies to the paragraph.
omit
territory laws
substitute
ACT laws
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
a territory law
substitute
an ACT law
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
the territory law
substitute
the ACT law
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
Explanatory note
This amendment omits a subsection that contains a definition made redundant by the definition of another jurisdiction inserted into the dictionary, part 2 by another amendment.
omit
a territory law
substitute
an ACT law
Explanatory note
This amendment is consequential on the use of the defined term ACT law rather than the defined term territory law .
omit
a law
insert
an ACT law
Explanatory note
This amendment ensures that the definition of ACT law proposed for section 188 applies to the paragraph.
[2.99] Section 195, definition of law
substitute
"law" means an Act, subordinate law or disallowable instrument.
Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9).
Explanatory note
This amendment revises the definition to omit unnecessary words. Under the definitions of "Act", subordinate law and "disallowable instrument" in sections 7 to 9, a reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument. The amendment also inserts a note to this effect.
omit
42 (2)
substitute
42 (3)
Explanatory note
This amendment is consequential on the renumbering of section 42 (2) and (3) by another amendment.
substitute
(2) The power to suspend the appointee, end the appointment or reappoint the appointee is exercisable in the same way, and subject to the same conditions, as the power to make the appointment.
Example
If the appointment power is exercisable only on the recommendation of a body, the power to suspend, end the appointment or reappoint is exercisable only on the recommendation of the body.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
Explanatory note
Section 208 provides that the power to appoint a person includes the power to suspend the person, end the person's appointment or reappoint the person. It also provides that the power to suspend or end the appointment is exercisable in the same way and subject to the same conditions as the power to make the appointment. This amendment will extend the section so that the power to reappoint a person will also be exercisable in the same way and subject to the same conditions as the power to make the appointment. The example is consequentially updated.
substitute
225B Person acting under standing acting arrangement may exercise functions etc
Explanatory note
This amendment revises the section heading to more clearly reflect the scope of the section.
omit
(1)
Explanatory note
This amendment is consequential on the omission of section 230 (2) by another amendment.
omit
Explanatory note
This amendment omits a subsection that is no longer necessary because of the express way in which delegations (and subdelegations) are created in ACT law. The omission of the subsection will remove any argument that the subsection itself creates a delegation power.
omit
in whole or part
substitute
completely or partly
Explanatory note
This amendment updates language.
substitute
250 When document taken to be served
Explanatory note
This amendment updates language.
substitute
(1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law ) authorises or requires a form to be approved or prescribed under an Act or statutory instrument (the relevant law ).
Note See also s 46 (3), which deals with the repeal and replacement of forms that are registrable instruments and prevents their amendment.
Explanatory note
This amendment extends the operation of the section to cases where a subordinate law or disallowable instrument authorises or requires a form to be approved or prescribed.
[2.108] Section 255 (3), example
substitute
Example
The X Act, section 23 provides for a person to apply for registration but makes no mention of a form for the application. However, the Act, section 80 (1) provides:
(1) The Minister may approve forms for this Act.
Because section 80 (1) permits a form to be approved ‘for this Act', this Act, section 255 applies in relation to section 23 and the Minister may, in writing, approve a form for the application.
Note 1 The approval must be in writing (see s 42 (2)).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
Explanatory note
This amendment is consequential on the insertion of a new section 42 (2) by another amendment.
omit
a law requires the person
substitute
the person is required under a law
Explanatory note
This amendment widens the language of the provision so that it applies to a requirement made under a law as well as a requirement made by the law (see Legislation Act, dictionary, part 1, definition of under ).
[2.110] Dictionary, part 1, definition of Act , note
substitute
Note See also s 102 (References to laws include references to laws as in force from time to time) and s 104 (References to laws include references to instruments under laws).
Explanatory note
This amendment is consequential on the amendment of the section heading to section 102 by another amendment.
[2.111] Dictionary, part 1, definition of amend , paragraph (d)
omit
alter; and
substitute
alter.
Explanatory note
This amendment is consequential on the next amendment.
[2.112] Dictionary, part 1, definition of amend , paragraph (e)
omit
Explanatory note
This amendment omits a paragraph of the definition of amend that only applies within the Legislation Act. The paragraph is remade as a definition in the dictionary, part 2 by another amendment. The dictionary, part 2 defines terms that apply only to the Legislation Act.
[2.113] Dictionary, part 1, definition of auditor-general
substitute
"auditor-general" means the Auditor-General for the Territory under the Auditor-General Act 1996 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.114] Dictionary, part 1, new definition of Australian statistician
insert
"Australian statistician" means the Australian Statistician under the Australian Bureau of Statistics Act 1975 (Cwlth).
Explanatory note
This amendment inserts a new definition that will apply across the ACT statute book.
[2.115] Dictionary, part 1, new definition of by
insert
"by" regulation includes under a regulation.
Explanatory note
This amendment defines by in relation to a regulation to include under a regulation. Current drafting practice is to use the expression ‘prescribed by regulation' instead of ‘prescribed under the regulations'. The amendment ensures that the expression keeps the wider meaning provided by the definition of under in the dictionary, part 1.
[2.116] Dictionary, part 1, definition of by-laws
substitute
"by-law", in relation to an Act, means a by-law made or in force under the Act.
Explanatory note
This amendment changes the defined term to the singular consistent with the amendment of the definition of the term regulations by another amendment.
[2.117] Dictionary, part 1, definition of chief planning executive
substitute
"chief planning executive" means the Chief Planning Executive under the Planning and Land Act 2002 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.118] Dictionary, part 1, definition of city area , note
substitute
Note See s 103 for the meaning of references to repealed laws.
Explanatory note
This amendment is consequential on the remaking of chapter 10 (Referring to laws) by another amendment.
[2.119] Dictionary, part 1, definition of commissioner for fair trading
substitute
"commissioner for fair trading" means the Commissioner for Fair Trading of the Australian Capital Territory under the Fair Trading (Consumer Affairs) Act 1973 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.120] Dictionary, part 1, new definition of Commonwealth DPP
insert
"Commonwealth DPP" means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 (Cwlth).
Explanatory note
This amendment inserts a new definition that will apply across the ACT statute book.
[2.121] Dictionary, part 1, definition of construction occupations registrar
substitute
"construction occupations registrar" means the Australian Capital Territory Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.122] Dictionary, part 1, definition of credit tribunal
substitute
"credit tribunal" means the Australian Capital Territory Credit Tribunal established under the Consumer Credit (Administration) Act 1996 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.123] Dictionary, part 1, new definition of Deputy Speaker
insert
"Deputy Speaker "means the Deputy Presiding Officer of the Legislative Assembly.
Note The Deputy Presiding Officer is elected under the Self-Government Act, s 21 (2).
Explanatory note
This amendment inserts a new definition that will apply across the ACT statute book.
[2.124] Dictionary, part 1, definition of insolvent under administration
omit
Explanatory note
This amendment omits a redundant definition.
[2.125] Dictionary, part 1, definition of land development agency
substitute
"land development agency" means the Land Development Agency established under the Planning and Land Act 2002 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.126] Dictionary, part 1, definition of occupy
substitute
"occupy" a position includes hold the position, act in the position or exercise functions of the position (including under a delegation or subdelegation).
Explanatory note
This amendment remakes the definition to make it clear that occupying a position includes acting in the position under an acting appointment or standing acting arrangement and exercising functions of the position under a delegation or subdelegation. The amendment makes explicit the position that is currently implicit in a number of provisions of the Legislation Act (see section 220 (b), section 225B (2) and section 239 (2)).
[2.127] Dictionary, part 1, definition of office of fair trading
substitute
"office of fair trading" means the Office of Fair Trading of the Australian Capital Territory established under the Fair Trading (Consumer Affairs) Act 1973 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.128] Dictionary, part 1, definition of planning and land authority
substitute
"planning and land authority" means the Planning and Land Authority established under the Planning and Land Act 2002 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.129] Dictionary, part 1, definition of planning and land council
substitute
"planning and land council" means the Planning and Land Council established under the Planning and Land Act 2002 .
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.130] Dictionary, part 1, definition of prescribed
omit
under regulations
substitute
by regulation
Explanatory note
This amendment is consequential on the change mentioned under the definition of regulations and brings the definition into line with current drafting practice.
[2.131] Dictionary, part 1, definition of public health officer
substitute
"public health officer" means a public health officer under the Public Health Act 1997.
Explanatory note
This amendment remakes the definition in accordance with current drafting practice.
[2.132] Dictionary, part 1, definition of regulations
substitute
"regulation", in relation to an Act, means a regulation made or in force under the Act.
Explanatory note
This amendment changes the defined term to the singular to reflect the recent name change of ACT regulations to the singular ‘Regulation' rather than the plural ‘Regulations'.
[2.133] Dictionary, part 1, definition of repeal , paragraph (f)
omit
cancel it; and
substitute
cancel it.
Explanatory note
This amendment is consequential on the next amendment.
[2.134] Dictionary, part 1, definition of repeal , paragraph (g)
omit
Explanatory note
This amendment omits a paragraph of the definition of repeal that only applies within the Legislation Act. The paragraph is remade as a definition in the dictionary, part 2 by another amendment. The dictionary, part 2 defines terms that apply only to the Legislation Act.
[2.135] Dictionary, part 1, definition of rules , paragraph (a)
omit
person or body
substitute
entity
Explanatory note
This amendment updates language. Entity is defined in the dictionary, part 1.
[2.136] Dictionary, part 1, definition of transitional
substitute
"transitional" includes application and saving.
Explanatory note
This amendment remakes the definition to expressly include ‘application'. Transitional provisions frequently deal with the application of new laws and provisions as well as the saving of old laws and provisions.
[2.137] Dictionary, part 1, definition of under
omit
or a provision of an Act or statutory instrument
Explanatory note
This amendment omits unnecessary words. Under the definitions of "Act" and statutory instrument in sections 7 and 13, a reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument.
[2.138] Dictionary, part 1, definition of under , new note
insert
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
Explanatory note
This amendment includes a note consequential on the amendment of the definition of under by another amendment.
[2.139] Dictionary, part 2, new definition of ACT law
insert
"ACT law"—
(a) for chapter 10 (Referring to laws)—see section 97 (1); and
(b) for chapter 18 (Offences)—see section 188.
Explanatory note
This amendment inserts new signpost definitions in accordance with current drafting practice.
[2.140] Dictionary, part 2, new definition of amend
insert
"amend", for chapter 9 (Repeal and amendment of laws)—see section 82.
Explanatory note
This amendment inserts a definition of amend for chapter 9. The material covered by the definition is currently in a definition in the dictionary, part 1 and is omitted from that definition by another amendment.
[2.141] Dictionary, part 2, new definition of another jurisdiction
insert
"another jurisdiction" means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand.
Explanatory note
This amendment inserts a new definition to enable the provisions of the Act to be simplified.
[2.142] Dictionary, part 2, definition of law , new paragraph (ca)
insert
(ca) for chapter 10 (Referring to laws)—see section 97 (1); and
Explanatory note
This amendment is consequential on the insertion of a new definition of law for chapter 10 by another amendment.
[2.143] Dictionary, part 2, definition of law , paragraph (g)
omit
section 185
substitute
section 182
Explanatory note
This amendment corrects a cross-reference.
[2.144] Dictionary, part 2, definition of law
renumber paragraphs when Act next republished under Legislation Act
Explanatory note
This amendment is consequential on the insertion of new paragraph (ca) by another amendment.
[2.145] Dictionary, part 2, new definition of law of another jurisdiction
insert
"law of another jurisdiction", for chapter 10 (Referring to laws)—see section 97 (1).
Explanatory note
This amendment is consequential on the insertion of a new definition of law of another jurisdiction for chapter 10 by another amendment.
[2.146] Dictionary, part 2, definition of referential term
relocate to section 116 (2)
Explanatory note
This amendment relocates the definition to section 116 (2) because the term is used only in that section.
[2.147] Dictionary, part 2, new definition of repeal
insert
"repeal", for chapter 9 (Repeal and amendment of laws)—see section 82.
Explanatory note
This amendment inserts a definition of repeal for chapter 9. The material covered by the definition is currently in a definition in the dictionary, part 1 and is omitted from that definition by another amendment.
[2.148] Dictionary, part 2, definition of retrospectively
relocate to dictionary, part 1
Explanatory note
This amendment relocates the definition to the dictionary, part 1 as it is appropriate to apply this definition across the ACT statute book.
Part 2.2 Legislation Regulation 2003
substitute
(d) whether the person is making the request as an authorised person for making the request or a delegate.
Explanatory note
This amendment is consequential on amendments of the Legislation Act, section 61.
substitute
(d) whether the person is making the request as an authorised person for making the request or a delegate.
Explanatory note
This amendment is consequential on amendments of the Legislation Act, section 61.
substitute
(d) whether the person is making the request as an authorised person for making the request or a delegate.
Explanatory note
This amendment is consequential on amendments of the Legislation Act, section 61.
omit
Explanatory note
This amendment omits a section made redundant by the remaking of the Legislation Act, section 61 (12).
[2.153] Dictionary, definition of appropriate person
substitute
"authorised person", for making a notification request—see the Act, section 61 (12).
Explanatory note
This amendment is consequential on amendments of the
Legislation Act, section 61.