Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 3 Technical amendments
(see s 5)
Part 3.1 Anglican Church of Australia Trust Property Act 1917
before section 5, insert
Part 2 Trustees—constitution and succession
Explanatory note
This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.
before section 24, insert
Part 3 Trust property—management, investment and dealings
Explanatory note
This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.
before section 32, insert
Part 4 Variation of trusts
Explanatory note
This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.
before section 37, insert
Part 5 Miscellaneous
Explanatory note
This amendment inserts a new part heading to bring the Act more closely into line with current legislative drafting practice.
Part 3.2 Animal Diseases Act 2005
[3.5] Section 85, table 85, item 3
substitute
3 | refusing to give consent under section 23 (4) (Public notices for quarantine areas) |
Explanatory note
This amendment revises the item to refer correctly to the relevant provision number and text.
Part 3.3 Animal Diseases Regulation 2006
[3.6] Section 15 (1) (a) (iii) (B)
substitute
(B) an authorised person decides it is impractical or too dangerous to tag the animal;
Explanatory note
This amendment changes a reference to authorised officer to authorised person , a defined term. The term authorised officer is not used in the Act.
Part 3.4 Animal Welfare Act 1992
omit
Explanatory note
This section and section 78 deal with issuing identity cards to certain people. The people covered by this section are to be included in section 78 by another amendment, making this section redundant.
[3.8] Section 78 (5), definition of authorised person , new paragraphs (c) and (d)
insert
(c) the authority;
(d) delegate of the authority with any delegated powers of an inspector.
Explanatory note
This amendment amends the definition to extend the class of people to whom identity cards may be issued under this section. The effect of this amendment is that this section will now cover people who could be issued cards under section 6A, which is being omitted by another amendment.
omit
purporting to be
Explanatory note
This amendment omits unnecessary words that might give the impression that a forgery is admissible evidence. The fact that a document is taken to be genuine unless proven otherwise, is made clear by another amendment.
[3.10] Section 98 (1), new note
insert
Note A document that purports to be signed by an office holder such as the authority is presumed to have been signed by the office holder unless the contrary is proved (see Evidence Act 1995 (Cwlth), s 150).
Explanatory note
This amendment inserts a note that makes clear that if a document is forged, it will not have evidentiary value. The amendment clarifies the effect of words omitted by another amendment.
[3.11] Dictionary, definition of identity card
substitute
"identity card" means—
(a) in relation to an inspector (other than a police officer), an authorised officer or a delegate of the authority—an identity card issued to the person under section 78; or
Note The authority is an inspector (see s 76 (2) (a)).
(b) in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.
Explanatory note
This amendment is consequent on the omission of section 6A, and combining the effect of section 6A and section 78 into a single provision, by other amendments.
Part 3.5 Boxing Control Act 1993
[3.12] Dictionary, definitions of authority and promoter
omit
Explanatory note
This amendment omits definitions of terms that are no longer used in the Act.
Part 3.6 Clinical Waste Act 1990
[3.13] Section 20 (4), definition of authorised insurer
substitute
"authorised insurer" means a person carrying on an insurance business in Australia under—
(a) an authorisation under the Insurance Act 1973 (Cwlth), part 3 (Authorisation to carry on insurance business); or
(b) a determination under that Act, section 7 (Determination that certain provisions do not apply).
Explanatory note
This amendment corrects a reference to a provision in the Insurance Act 1973 (Cwlth), and extends the meaning of the term to take account of someone who carries on insurance business in Australia because a determination under that Act, section 7 is in force in relation to the person.
Part 3.7 Community Title Act 2001
omit
parts of the land
substitute
lots
Explanatory note
This amendment brings the terminology of the section into line with the rest of the Act.
omit
or common property
Explanatory note
This amendment omits a reference to common property, in the context of ‘a lot or common property', which is redundant because common property must comprise a lot. The mention of lot is sufficient.
omit
or the common property
Explanatory note
This amendment omits a reference to common property, in the context of ‘the lot or the common property', which is redundant because common property must comprise a lot. The mention of lot is sufficient.
[3.17] Schedule 1, section 1.5 heading
substitute
1.5 Use of lots
Explanatory note
This amendment substitutes the heading to the section to omit a reference to common property and substitute ‘lot'. The section provides for the use of lots, including lots that do not comprise common property. Common property must comprise a lot, therefore, the mention of lot is sufficient.
[3.18] Schedule 1, section 1.5
omit
or the common property
Explanatory note
This amendment omits references to common property, in the context of ‘another lot or the common property', which are redundant because common property must comprise a lot. The mention of lot is sufficient.
[3.19] Dictionary, note 2, 4th dot point
omit
• Territory owned corporation
Explanatory note
This amendment omits a redundant reference to a term that is no longer used in the Act.
[3.20] Dictionary, definition of eligible person
omit
or common property
Explanatory note
This amendment omits a reference to common property, in the context of ‘a lot or common property', which are redundant because common property must comprise a lot. The mention of lot is sufficient.
[3.21] Dictionary, definition of eligible person , paragraph (a)
omit
the common property
substitute
the lot
Explanatory note
This amendment omits a reference to common property, in the context of ‘an easement over the common property', and substitutes ‘lot'. Common property must comprise a lot and, for the purpose of the definition of "eligible person", there is no difference between lots that are common property and lots that are not common property.
Part 3.8 Contractors Debts Act 1897
insert
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• Magistrates Court
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• Supreme Court.
Explanatory note
This amendment inserts dictionary notes in accordance with current legislative drafting practice.
Part 3.9 Discrimination Act 1991
substitute
(b) if the member becomes bankrupt or executes a personal insolvency agreement.
Explanatory note
This amendment brings the paragraph into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.
Part 3.10 Domestic Violence Agencies Act 1986
[3.24] Section 4
substitute
4 Establishment of council
The Domestic Violence Prevention Council is established.
Explanatory note
This amendment brings the language of the section into line with current legislative drafting practice.
[3.25] Section 5 (2), new note
insert
Note A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity ).
Explanatory note
This amendment adds a standard note about the powers of an entity.
substitute
11 Appointment
The Minister must appoint a Domestic Violence Project Coordinator.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment brings the section into line with current legislative drafting practice. In particular, it omits a reference to the appointment being in writing because the Legislation Act, section 206 requires appointments to be made or evidenced in writing. Standard notes about appointments are also added.
insert
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity ).
Explanatory note
This amendment adds a standard note about the powers of an entity.
substitute
13 Term and conditions of office
The coordinator must be appointed—
(a) for a term not longer than 3 years; and
(b) on terms and conditions stated in the instrument of appointment unless otherwise provided for in this Act or another territory law.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint ).
Explanatory note
This amendment brings the section into line with current legislative drafting practice. The amendment omits the note on resignation. That note is inserted with the termination provision by another amendment.
insert
Note A person's appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment inserts a note on resignation with the relevant termination provision.
omit
Explanatory note
This amendment omits an unnecessary provision. The Legislation Act, section 209 provides for the making of acting appointments. A standard note about acting appointments has been is included in section 11 by another amendment.
substitute
16 Protection of coordinators etc from liability
(1) The coordinator, or a person acting under the direction of the coordinator, is not personally liable for anything done, or omitted to be done honestly and without recklessness—
(a) in the exercise of a function under this Act or another law; or
(b) in the reasonable belief that the act was in the exercise of a function under this Act or another law.
(2) Any liability that would, apart from this section attach to the coordinator, or a person acting under the direction of the coordinator, attaches instead to the Territory.
Explanatory note
This amendment simplifies the language of the provision to bring it more closely into line with current legislative drafting practice.
omit
, in writing,
Explanatory note
Section 17 provides for the Minister to approve crisis support organisations and provides that an approval is a disallowable instrument. This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
insert
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• police officer
• public servant
• statutory office-holder
• territory law.
Explanatory note
This amendment inserts 2 standard notes in the dictionary.
Part 3.11 Eggs (Labelling and Sale) Act 2001
substitute
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• Executive
• may (see s 146)
• must (see s 146)
• person
• Territory law.
Explanatory note
This amendment brings the dictionary notes in line with current legislative drafting practice.
Part 3.12 Electricity Safety Act 1971
substitute
(3) A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a) in the exercise of a function under this section; or
(b) in the reasonable belief that the act was in the exercise of a function under this section.
(4) Any liability that would, apart from this section, attach to a person attaches instead to the Territory.
Explanatory note
This amendment brings the language and structure of the subsections more closely into line with current legislative drafting practice.
substitute
(2) A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a) in the exercise of a function under this section; or
(b) in the reasonable belief that the act was in the exercise of a function under this section.
(3) Any liability that would, apart from this section, attach to a person attaches instead to the Territory.
Explanatory note
This amendment brings the language and structure of the subsections more closely into line with current legislative drafting practice.
substitute
(1) The construction occupations registrar may appoint a person to be an inspector for this Act.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Explanatory note
This amendment brings the language of existing section 41 (1) into line with current legislative drafting practice and adds standard notes about appointments. It also omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1).
[3.38] Sections 64 (1) and 65 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.39] Section 65 (2), new note
insert
Note For other provisions about forms, see the Legislation Act, s 255.
Explanatory note
This amendment inserts a standard note to help users of the legislation.
[3.40] Dictionary, note 2, new dot point
insert
• planning and land authority
Explanatory note
This amendment inserts a reference to a term used in the Act.
[3.41] Dictionary, new definition of approved first seller
insert
"approved first seller", for part 3 (Prescribed articles of electrical equipment)—see section 9.
Explanatory note
This amendment updates the dictionary by including a signpost definition for a term defined for part 3.
[3.42] Dictionary, definition of article of electrical equipment , paragraph (a)
omit
; and
substitute
; or
Explanatory note
This amendment substitutes the correct conjunction for the definition to bring the definition into line with current legislative drafting practice.
[3.43] Dictionary, new definitions
insert
"business premises", for part 7 (Enforcement)—see section 37.
"connected with", for part 7 (Enforcement)—see section 38 (1).
"corresponding law", for part 3 (Prescribed articles of electrical equipment)—see section 9.
"declaration of compliance", for part 3 (Prescribed articles of electrical equipment)—see section 9.
Explanatory note
This amendment updates the dictionary by including signpost definitions for terms defined for part 3 and part 7.
[3.44] Dictionary, definition of inspector
substitute
"inspector" means a person appointed as an inspector under section 41.
Explanatory note
This amendment is consequent on the remaking of section 41 (1) by another amendment.
[3.45] Dictionary, new definition of offence
insert
"offence", for part 7 (Enforcement)—see section 38 (2).
Explanatory note
This amendment updates the dictionary by including a signpost definition for a term defined for part 7.
[3.46] Dictionary, definition of prohibited
substitute
"prohibited", in relation to an article of electrical equipment, means an article that is prohibited under section 28 (1).
Explanatory note
This amendment brings the definition into line with current legislative drafting practice, replacing a signpost definition with a more accurate definition of the term.
[3.47] Dictionary, new definitions
insert
"relevant distributor", for part 6 (Serious electrical accidents)—see section 32.
"relevant safety standard", for part 3 (Prescribed articles of electrical equipment)—see section 9.
"serious electrical accident", for part 6 (Serious electrical accidents)—see section 32.
Explanatory note
This amendment updates the dictionary by including signpost definitions for terms defined for part 3 and part 6.
Part 3.13 Environment Protection Act 1997
omit
Explanatory note
This amendment omits a redundant provision. The section requires the Minister to review the operation of the Act and to table a report on the outcome of the review in the Legislative Assembly. The report was tabled in the Legislative Assembly on 22 June 2004.
[3.49] Schedule 1, section 1.1, definition of primary production
omit
Explanatory note
This amendment omits a redundant provision. The term is defined by reference to the Income Tax Assessment Act 1936 (Cwlth) which no longer defines the term. Also, the term is not otherwise used in the Environment Protection Act . The term is used in the Environment Protection Regulation 2005 and a separate amending regulation will define the term for the regulation.
Part 3.14 Environment Protection Regulation 2005
[3.50] Section 67 (1) (d) and (2) (c)
omit
Explanatory note
This amendment omits redundant provisions. Section 67 displaces the operation of the Legislation Act, section 47 which provides that laws or instruments applied, adopted or incorporated by an Act, regulation or disallowable instrument must be notified on the legislation register. If the operation of section 47 is displaced, the laws or instruments need not be published on the register. Subsection (1) (d) refers to the Ozone Protection Act 1989 (NSW) and subsection (2) (c) to the Civil Aviation Regulations 1988 (Cwlth). Neither piece of legislation is otherwise referred to in the Environment Protection Act 1997 or the regulation.
[3.51] Dictionary, definitions of CFC , halon and HCFC
omit
Explanatory note
This amendment omits redundant definitions. The terms are not otherwise used in the regulation.
omit
and to have been attested by a person other than a person referred to in section 17
Explanatory note
This amendment omits a redundant cross-reference to section 17. That provision was omitted by the Justice and Community Safety Legislation Act 2005 (No 2) .
Part 3.16 Executive Documents Release Act 2001
substitute
10 Review by AAT
(1) Application may be made to the administrative appeals tribunal for review of a release restraint determination.
(2) The chief executive must give notice of a release restraint determination to each person affected by the determination.
(3) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1).
Explanatory note
This amendment remakes existing section 10 as new subsection 10 (1) and adds standard provisions about giving notice of reviewable decisions.
Part 3.17 Fair Trading Act 1992
substitute
7 Meaning of acquisition , supply and resupply
(1) In this Act—
(a) a reference to the "acquisition" of goods includes a reference to the acquisition of property in, or rights in relation to, goods under a supply of the goods; and
(b) a reference to the "supply" or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services; and
(c) a reference to the "supply" or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services (or both); and
(d) a reference to the "supply "or acquisition of services includes a reference to the supply or acquisition of services together with property or other services (or both); and
(e) a reference to the "resupply" of goods acquired from a person includes a reference to—
(i) a supply of the goods (the first goods ) to another person in an altered form or condition; and
(ii) a supply to another person of goods in which the first goods have been incorporated; and
(f) a reference to the "disposal "or acquisition of an interest in land includes a reference to—
(i) an agreement to dispose of or acquire the interest; and
(ii) the disposal or acquisition of the interest together with goods.
(2) For this Act:
(a) the obtaining of credit by a person for the acquisition of goods or services by the person is an acquisition by the person of services; and
(b) any amount by which the price of the goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit.
Explanatory note
This amendment brings the form of the definitions more closely into line with current legislative drafting practice.
omit
In this Act:
insert
In this division:
Explanatory note
This amendment revises the opening words of section 25C (1) because the term pyramid selling scheme is used only in division 2.2.
omit
legal practitioner
substitute
lawyer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
in pursuance of
substitute
following
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.58] Section 29 (9), definition of directory
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, on or after the commencing date,
Explanatory note
This amendment omits words that are now redundant. The commencement date was 1 January 1993.
[3.60] Section 31 (1) (a) (vi)
omit
, being
substitute
that are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.61] Section 31 (3), definition of prescribed information provider
omit
, without limiting the generality of the foregoing,
Explanatory note
This amendment omits redundant words in line with current legislative drafting practice.
[3.62] Section 31 (3), definition of relevant interests in land
omit
, being interests
substitute
that are interests
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
or information of a kind, so specified, being information that is in the possession of the person to whom the order is directed or to which that lastmentioned person has access
substitute
or information of a stated kind that is in the possession of, or available to, the person to whom the order is directed
Explanatory note
This amendment brings the language more closely into line with current legislative drafting practice.
substitute
(4) An order under this section must not be expressed to operate for a period longer than 30 days if the order is made on an application that was made in the absence of a party to the proceeding.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.65] Dictionary, definition of acquire , new note
insert
Note See s 7 for a more detailed definition of acquisition .
Explanatory note
This amendment inserts a note to help users of the legislation.
[3.66] Dictionary, definition of covenant
omit
, and proposed covenant has a corresponding meaning
Explanatory note
This amendment omits words that are redundant. The term proposed covenant is not used in the Act.
[3.67] Dictionary, new definitions of disposal and resupply
insert
"disposal—"see section 7.
"resupply—"see section 7.
Explanatory note
This amendment inserts definitions of terms defined in section 7 for the Act.
[3.68] Dictionary, definition of services
omit
and without limiting the generality of the foregoing, includes
substitute
including
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.69] Dictionary, definition of services
omit
benefits being the supply
substitute
benefits comprising the supply
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.70] Dictionary, definition of supply , new note
insert
Note See s 7 for a more detailed definition of supply .
Explanatory note
This amendment inserts a note to help users of the legislation.
Part 3.18 First Home Owner Grant Act 2000
omit
(2) This section does not apply
substitute
(3) This section does not apply
Explanatory note
This amendment corrects the numbering of the subsection.
[3.72] Sections 54 (1) and 55 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
substitute
(2) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
Explanatory note
This amendment brings language into line with current legislative drafting practice.
Part 3.19 Health Professionals Act 2004
substitute
(2) To remove any doubt, each of the following is a health professional :
(a) a chiropractor;
(b) a dental hygienist;
(c) a dental prosthetist;
(d) a dental technician;
(e) a dental therapist;
(f) a dentist;
(g) an enrolled nurse;
(h) a medical practitioner;
(i) a medical radiation scientist;
(j) a midwife;
(k) a nurse;
(l) an optometrist;
(m) an osteopath;
(n) a pharmacist;
(o) a physiotherapist;
(p) a podiatrist;
(q) a psychologist;
(r) a veterinary surgeon.
Explanatory note
This amendment updates the section to add references to a chiropractor, a medical radiation scientist and an osteopath so that the list includes every health profession regulated under the Act.
Part 3.20 Independent Competition and Regulatory Commission Act 1997
[3.75] Section 5 (4)
omit
Explanatory note
This amendment omits a provision that requires judicial notice to be taken of the commission's seal on a document. It is unnecessary because the Evidence Act 1995 (Cwlth), section 150 provides that if the imprint of a seal appears on a document and purports to be the imprint of the seal of a stated kind of body, including a body created under a Territory law, it is presumed that the imprint is the imprint of that seal and that the document was duly sealed. The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
omit
Explanatory note
This amendment omits a provision that gives the commission powers that are necessary and convenient for the exercise of its functions. It is redundant because the Legislation Act, section 196 provides that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A note to that effect is included for the section by another amendment.
substitute
Note A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function ).
Explanatory note
This amendment brings the section into line with current legislative drafting practice. In particular, existing subsection (2) (c), which gives the commission the powers that are necessary and convenient for the exercise of its functions, is omitted because the Legislation Act, section 196 provides that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A note to that effect is inserted by the amendment.
[3.78] Section 13 (1), new note
insert
Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Explanatory note
This amendment adds a standard note about delegations. The Legislation Act , section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.
substitute
(2) However, the commission must not delegate—
(a) its function of making price directions, reports or providing advice about proposed access agreements; and
(b) if the commission is conducting an arbitration—its function of making a determination in relation to the arbitration
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
14 Protection from liability
(1) A person is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act was in the exercise of a function under this Act.
(2) Any liability that would, apart from this section, attach to a person attaches instead to the Territory.
Explanatory note
This amendment brings the language and structure of the section more closely into line with current legislative drafting practice.
substitute
24W Protection from liability of panel members, parties and representatives
(1) A person who is or has been a member of an industry panel is not personally liable for anything done, or omitted to be done, honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act was in the exercise of a function under this Act.
(2) Any liability that would, apart from this section, attach to a person who is or has been a member of an industry panel attaches instead to the Territory.
(3) A person who is or has been a party to an application or a representative of a party is not personally liable for anything done, or omitted to be done, honestly and without recklessness, as a party to an application or a representative of a party.
Explanatory note
This amendment brings the language and structure of the section more closely into line with current legislative drafting practice.
omit
in good faith
substitute
honestly
Explanatory note
This amendment brings the language into line with current legislative drafting practice.
omit
performance
substitute
exercise
Explanatory note
This amendment brings the language into line with current legislative drafting practice. Exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function.
omit
For the avoidance of doubt,
substitute
To remove any doubt,
Explanatory note
This amendment brings the language into line with current legislative drafting practice.
[3.85] Schedule 2, section 2.1 (1) and (2)
substitute
(1) The Executive must appoint the following commissioners ( standing commissioners ):
(a) 1 senior commissioner;
(b) 2 assistant commissioners.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).
(1A) The instrument making or evidencing the appointment must state whether a standing commissioner is appointed as a senior commissioner or assistant commissioner.
(2) A standing commissioner holds office (subject to this Act) for a term not longer than 5 years.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint ).
Explanatory note
This amendment remakes the provisions in accordance with current legislative drafting practice. It omits the requirement for appointments to be in writing. This requirement is now in the Legislation Act, section 206 (1). The amendment also adds standard notes about appointments.
The existing reference to holding office for the period specified in the instrument of appointment is omitted. It is unnecessary because the Legislation Act , section 206 (2) provides that if a law provides for a maximum period of appointment, the instrument of appointment must state the period for which the appointment is made.
The existing reference to eligibility for reappointment is unnecessary because the Legislation Act, section 208 (1) (c) provides that if a person is eligible for appointment the person may be reappointed. A standard note about reappointment is added.
[3.86] Schedule 2, section 2.1D
omit
Explanatory note
This provision is redundant. The Legislation Act, section 212 provides that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment.
[3.87] Schedule 2, section 2.5 (6)
substitute
(6) A commissioner ceases to hold office if the commissioner becomes bankrupt or executes a personal insolvency agreement.
Explanatory note
This amendment brings the provision into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.
[3.88] Schedule 2, section 2.6
omit
Explanatory note
This provision is redundant. The Legislation Act, section 209 provides that a power of appointment includes power to make an acting appointment during any period when an appointee cannot for any reason exercise functions of the position. The Legislation Act, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.
[3.89] Schedule 3, section 3.1 (1), new notes
insert
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act s 207).
Note 3 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint ).
Explanatory note
The amendment adds standard notes about appointments.
[3.90] Schedule 3, section 3.3
omit
Explanatory note
This provision is redundant. The Legislation Act, section 212 provides that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment. The Legislation Act, section 199 (5) provides that the function of a body may still be exercised if there is a vacancy in the body's membership.
[3.91] Schedule 3, section 3.9 (6)
substitute
(6) A member of a panel ceases to hold office if the member becomes bankrupt or executes a personal insolvency agreement.
Explanatory note
This amendment brings the provision into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.
[3.92] Dictionary, new definitions
insert
"access provider", for part 6 (Arbitration of access regime disputes)—see section 30.
"eligible person", for part 4C (Review of price directions)—see section 24J.
Explanatory note
This amendment adds signpost definitions for terms defined in the Act.
[3.93] Dictionary, definition of price direction
substitute
"price direction"—
(a) for this Act generally, means a direction under section 20 about prices for the provision of regulated services, as varied (if at all) under part 4B (Variation of price directions); and
(b) for part 4C (Review of price directions)—see section 24J.
Explanatory note
This amendment adds a signpost definition for the term in part 4C.
[3.94] Dictionary, new definition of third party
insert
"third party", for part 6 (Arbitration of access regime disputes)—see section 30.
Explanatory note
This amendment adds a signpost definition for the term.
Part 3.21 Jurisdiction of Courts (Cross-vesting) Act 1993
insert
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• Commonwealth
• Executive
• Federal Court
• notifiable instrument (see s 10)
• Supreme Court.
Explanatory note
This amendment inserts dictionary notes in accordance with current legislative drafting practice.
[3.96] Dictionary, definition of Federal Court
omit
Explanatory note
This amendment omits a redundant definition. Federal Court is defined in the Legislation Act, dict, pt 1.
Part 3.22 Legal Profession Act 2006
[3.97] Section 21 (5), new note
insert
Note Another jurisdiction is a State or another Territory (see dict, def of jurisdiction ).
Explanatory note
This amendment inserts a note to make it clear that, in accordance with the definition of jurisdiction in the dictionary, another jurisdiction is a State or another Territory.
Part 3.23 Lotteries Act 1964
[3.98] Dictionary, definition of unlawful game
substitute
"unlawful game"—see the Unlawful Games Act 1984 , dictionary.
Explanatory note
This amendment is consequential on the insertion of a new dictionary into the Unlawful Games Act 1984 by another amendment.
Part 3.24 Mental Health (Treatment and Care) Act 1994
insert
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def of entity ).
Explanatory note
This amendment adds a standard note about the powers of an entity and is consequential on the omission of section 12 by another amendment.
omit
Explanatory note
This amendment omits an unnecessary section. The Legislation Act, section 196 provides that a provision of law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function. A standard note about necessary and convenient powers is added to section 11 by another amendment.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the effect of the Legislation Act, section 42 (2) which requires notifiable instruments to be in writing.
[3.102] Sections 67 (1) and 76 (2), new notes
insert
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act , s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment adds standard notes about appointments.
substitute
(b) if the member becomes bankrupt or executes a personal insolvency agreement.
Explanatory note
This amendment brings the paragraph into line with the concept of personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth). Under that Act, personal insolvency agreements have replaced the concepts of deed of assignment, deed of arrangement and composition.
substitute
(4) The registrar may delegate the registrar's functions under this Act to a public servant.
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision and adds a standard note about delegations. The Legislation Act, section 232 requires a delegation to be made by signed writing. The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.
insert
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Explanatory note
This amendment adds a standard note about appointments.
[3.106] Section 121 (1), new notes
insert
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act , s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment adds standard notes about appointments.
omit
perform the duties
substitute
exercise the functions
Explanatory note
This amendment brings language into line with current legislative drafting practice by substituting the current drafting terms. Exercise a function is defined in the Legislation Act dictionary, part 1 to include perform the function. Function is defined to include authority, duty and power.
substitute
122 Official visitor—functions
Explanatory note
This amendment brings language into line with current legislative drafting practice by omitting a reference to ‘duties'. Function is defined in the Legislation Act, dictionary, part 1, to include duty.
[3.109] Section123, new definition of inspector
insert
"inspector" means an inspector appointed under section 132.
Explanatory note
This amendment defines the term for part 12 (Private psychiatric institutions).
substitute
132 Appointment of inspectors
(1) The Minister may appoint a person as an inspector for this part.
(2) An inspector must exercise functions for this part that the chief psychiatrist directs.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act , s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment brings the section into line with current legislative drafting practice. In particular, it omits a reference to the appointment being ‘by instrument' because the Legislation Act, section 206 requires appointments to be made or evidenced in writing. Standard notes about appointments are also added.
[3.111] Sections 146 (1) and 146A (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the effect of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.112] Section 146A (2), new note
insert
Note For other provisions about forms, see the Legislation Act, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.113] Dictionary, definition of inspector
insert
"inspector", for part 12 (Private psychiatric institutions)—see section 123.
Explanatory note
This amendment inserts a signpost definition, consequent on the insertion of a new definition by another amendment.
Part 3.25 Payroll Tax Act 1987
omit
, as the case may be
Explanatory note
This amendment omits redundant language and brings the provision more closely into line with current legislative drafting practice.
omit
in writing
Explanatory note
This amendment omits words that are redundant because of the effect of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the effect of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.117] Section 11 (3), definitions of DFY
omit each definition
Explanatory note
This amendment omits the definitions, consequent on the insertion of a new definition into section 11 (4) by another amendment.
[3.118] Section 11 (4), new definition of DFY
insert
"DFY" means the number of days in the financial year in which the group period falls or in the group year.
Explanatory note
This amendment inserts a new definition of the term, consequent on the omission of the definition of this term from section 11 (3) by another amendment. It also omits a reference to ‘as the case requires' to bring the definition into line with current legislative drafting practice.
[3.119] Section 11 (4), definition of group tax period
omit
, as the case requires,
Explanatory note
This amendment omits redundant language and brings the provision more closely into line with current legislative drafting practice.
omit
, as the case requires
Explanatory note
This amendment omits redundant language and brings the language more closely into line with current legislative drafting practice.
[3.121] Schedule 1, section 1.3 (1) (b)
omit
in writing
Explanatory note
This amendment omits redundant language and brings the language more closely into line with current legislative drafting practice.
Part 3.26 Taxation Administration Act 1999
omit
section 16 (1)
substitute
section 7
Explanatory note
This amendment updates a cross-reference to a provision in the Payroll Tax 1987 that was inserted by the Revenue Legislation Amendment Act 2006 , section 23.
Part 3.27 Unlawful Games Act 1984
[3.123] Section 3 , definitions
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.124] Section 3 , remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act.
Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• Executive
• penalty unit (see s 133)
• prescribed.
Explanatory note
This amendment inserts a new dictionary in accordance with current legislative drafting practice.
Part 3.28 Victims of Crime (Financial Assistance) Act 1983
[3.126] Section 2 , definition of dependant, paragraph (b)
substitute
(b) a person who would have been wholly or partly dependent for economic support on the victim's income at the time of the victim's death but for the incapacity of the victim because of the criminal injury that resulted in the victim's death; or
Explanatory note
This amendment brings the language and structure of the definition more closely into line with current legislative drafting practice.
[3.127] Section 2 , definitions (as amended)
relocate to dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.128] Section 2 , remainder
substitute
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere.
For example, the signpost definition ‘ criminal injury —see section 4.' means that the term ‘criminal injury' is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts standard dictionary and notes provisions consequent on the insertion of a new dictionary by another amendment.
[3.129] Section 3
substitute
3 What is a violent crime ?
Each of the following is a violent crime:
(a) an offence against a section of the Crimes Act 1900 mentioned in table 3, column 2;
(b) an offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery);
(c) an offence against any other law prescribed by regulation.
Note A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).
Table 3 Violent crimes— Crimes Act
column 1 item | column 2 section | column 3 description |
|---|---|---|
| 1 | 12 |
murder |
| 2 | 15 | manslaughter |
| 3 | 19, 20, 25, 31 | grievous bodily harm offences |
| 4 | 21 | wounding |
| 5 | 22, 26 | assault offences |
| 6 | 23, 24 | actual bodily harm offences |
| 7 | 27 |
endangering life |
| 8 | 28 | endangering health |
| 9 | 30 | threat to kill |
| 10 | 32 | demands with threats |
| 11 | 34 | forcible confinement |
| 12 | 35 | stalking |
| 13 | 36 | torture |
| 14 | 37 |
abduction of young person |
| 15 | 38 | kidnapping |
| 16 | 40 |
unlawfully taking child |
| 17 | 41 | exposing or abandoning child |
| 18 | 42 | child destruction |
| 19 | 43 | childbirth—grievous bodily harm |
20 | 51, 52, 53 | sexual assault offences |
| 21 | 54 | sexual intercourse without consent |
| 22 | 55 | sexual intercourse with young person |
| 23 | 56 | sexual relationship with young person |
| 24 | 57 to 61 | indecency offences |
| 25 | 62 | incest |
| 26 | 63 | abduction |
27 | 74, 75 | female genital mutilation offences |
Explanatory note
This amendment updates the section by omitting references to sections 45 and 182 of the Crimes Act 1900 that are no longer in force and bringing the language and structure of the section into line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a redundant provision. The section required the Minister to commission an independent review of the operation of the Act and to table a report on the outcome of the review in the Legislative Assembly. The report was tabled to the Legislative Assembly on 7 March 2002.
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the effect of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.132] Section 73 (2), new note
insert
Note For other provisions about forms, see the Legislation Act, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• chief officer (fire brigade)
• chief officer (rural fire service)
• Criminal Code
• fire brigade
• individual
• Magistrates Court
• person
• Supreme Court
• the Territory.
"amount of financial assistance"—see section 5 (2) (c).
"applicant"—see section 5 (2) (a).
"application"—see section 5 (2) (b).
"assisted person"—see section 52.
"convicted"—see section 6 (2) (a).
"conviction"—
(a) for this Act generally—see section 6 (2) (b); and
(b) for part 5 (Compensation levy)—see section 67.
"defendant"—see section 52.
"levy"—for part 5 (Compensation levy)—see section 65.
"notice of objection"—see section 52.
"order for restriction"—see section 52.
"provisional order for restriction"—see section 52.
"recovery proceedings"—see section 52.
"related crime"—see section 52.
Explanatory note
This amendment inserts a new dictionary in accordance with current legislative drafting practice. It includes signpost definitions for defined terms that are not included in the existing interpretation section.