Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 3 Technical amendments
(see s 5)
Part 3.1 Building and Construction Industry (Security of Payment) Act 2009
omit
To avoid doubt,
substitute
To remove any doubt,
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.2] Section 9 (7), new definition of recognised financial institution
insert
"recognised financial institution" means a bank or any other person or body prescribed by regulation.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 9 and updates language in line with current legislative drafting practice. The definition is omitted from the dictionary by another amendment.
[3.3] Section 10 (3), definition of reference date , paragraph (b)
omit
named month
substitute
calendar month
Explanatory note
This amendment is consequential on the remaking of the definition of "calendar month", and the consequential omission of the definition of "named month", in the Legislation Act
, dictionary, part 1 by other amendments.
[3.4] Section 10 (3), definition of reference date , new note
insert
Note Calendar month —see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment inserts a note about a term used in the Act and defined in the Legislation Act
, dictionary, part 1. The definition of calendar month is substituted in the Legislation Act
, dictionary, part 1 by another amendment.
omit
a payment claim
substitute
a claim (a payment claim )
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.6] Section 16 (1), except notes
substitute
(1) A respondent who is given a payment claim may reply to the claim by giving a schedule of proposed payment (a payment schedule ) to the claimant.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.7] Section 18 (2), new note
insert
Note For how documents may be served, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
insert
(2) In this section:
"corresponding law" means a law of the Commonwealth or another State that provides for security of payments in the building and construction industry.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 32. The definition is omitted from the dictionary by another amendment.
[3.9] Sections 46 (1) and 47 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment inserts a term that is used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.11] Dictionary, definition of corresponding law
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 32 by another amendment.
[3.12] Dictionary, definitions of payment claim and payment schedule
substitute
"payment claim"—see section 15 (1).
"payment schedule"—see section 16 (1).
Explanatory note
This amendment revises the definitions in line with current legislative drafting practice and is consequential on changes to section 15 and section 16 by other amendments.
[3.13] Dictionary, definition of recognised financial institution
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 9 by another amendment.
[3.14] Dictionary, definition of related goods and services
substitute
"related goods and services" for construction work—see section 8 (1).
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
Part 3.2 Duties Act 1999
[3.15] Dictionary, definition of unascertainable
omit
Explanatory note
This amendment omits a redundant term.
[3.16] Further amendments, new note
insert
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act
, s 104).
in
• section 75AA, definition of home buyer concession scheme
• section 88
• section 104
• section 115D
• section 191 (1) (c)
• section 246 (3)
Explanatory note
This amendment inserts a standard note about references to Acts including references to statutory instruments under the Act in line with current legislative drafting practice.
Part 3.3 Electoral Act 1992
[3.17] Sections 105 (10) and 108 (5)
omit
, section 151 (4) (Reckoning of time)
substitute
, section 151A (2) (Periods of time ending on non-working days)
Explanatory note
This amendment corrects a cross-reference. Section 151 (Reckoning of time) was inserted in the Legislation Act
by the Legislation Amendment Act 2002
and applied if a period was provided or allowed for a purpose by an Act or statutory instrument. Section 151 (4), as inserted by that Amendment Act, provided as follows:
(4) If the last day of the period is not a working day, the last day of the period is the first working day after the end of the period.
Section 151 was remade by the Statute Law Amendment Act 2005 (No 2)
, amendment 2.14 to provide comprehensively for working out the time for doing something required or allowed to be done under an Act or statutory instrument. Section 151A was inserted to deal with extending the time for something to be done if the day or the last day of the period for the thing to be done is not a working day. Section 151A (2) is fully consistent with former section 151 (4) although the definition of working day in section 151A (4) was changed for section 151A to specifically deal with the time for doing something at an office of a public entity where the thing must or may be done. Under the definition of working day for section 151A, a working day for doing something at the office of a public entity is a day when the entity's office is open. In any other case, a ‘working day' is a day that is not a Saturday, Sunday or a public holiday at the place where the thing must or may be done.
Part 3.4 Energy Efficiency (Cost of Living) Improvement Act 2012
[3.18] Section 19 (2), new note
insert
Note 3 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.19] Section 25 (3), new note
insert
Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a standard note about the Legislation Act
, section 14 (2).
[3.20] Section 28C (1), new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.21] Section 48 (2), new note
insert
Note For how documents may be served, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.22] Dictionary, definition of information requirement
substitute
"information requirement", for division 5.5C (Information requirements)—see section 49J (2).
Explanatory note
This amendment corrects a cross-reference.
[3.23] Dictionary, new definition of shortfall penalty
insert
"shortfall penalty"—see section 22 (1).
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.24] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 17 (1)
• section 20 (7)
• section 20A (7)
• section 20B (3)
• section 21 (6)
• section 28B (1)
• section 43 (4)
• section 47 (2)
• section 49E (7)
• section 49F (3)
• section 49G (6)
• section 49J (2)
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.5 Government Procurement Act 2001
[3.25] Section 44, definition of relevant date
before
month
insert
calendar
Explanatory note
This amendment updates the definition as a consequence of amendments of the definitions of calendar month and month in the Legislation Act
, dictionary, part 1 by other amendments.
[3.26] Section 44, definition of relevant date , note
substitute
Note Calendar month —see the Legislation Act
, dictionary, pt 1.
Explanatory note
This amendment remakes the note as a consequence of amendments of the definitions of calendar month and month in the Legislation Act
, dictionary, part 1 by other amendments.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
Part 3.6 Land Rent Act 2008
omit
calendar
Explanatory note
This amendment omits a word as a consequence of the amendments of the definitions of calendar month and month in the Legislation Act
, dictionary, part 1 by other amendments.
[3.29] Dictionary, definition of lessee
omit
part 3 (Land rent—discount)
substitute
division 3.1 (Lessees generally)
Explanatory note
This amendment corrects a cross-reference.
Part 3.7 Land Tax Act 2004
[3.30] Section 10 (2), new definition of rural land
before the note, insert
"rural land" means—
(a) rateable land leased for the purpose of primary production only; or
(b) rateable land leased for the purpose of primary production and other purposes but used mainly for primary production; or
(c) a parcel of rateable land included in the common property of a community title scheme under the Community Title Act 2001
, if no parcel of land in the scheme is—
(i) residential land; or
(ii) leased for a commercial purpose.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 10. The definition is omitted from the dictionary by another amendment.
insert
(7) In this section:
"assessment notice", in relation to land tax, means a notice of assessment under the Taxation Administration Act, section 14 in relation to the land tax.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 17. The definition is omitted from the dictionary by another amendment.
omit
calendar
Explanatory note
This amendment omits a word as a consequence of the amendments of the definitions of calendar month and month in the Legislation Act
, dictionary, part 1 by other amendments.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because 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 Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
• calendar month
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment omits a term that is no longer used in the Act as a consequence of another amendment.
[3.36] Dictionary, definition of assessment notice
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 17 by another amendment.
[3.37] Dictionary, definition of rural land
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 10 by another amendment.
Part 3.8 Radiation Protection Act 2006
[3.38] Section 36 (1), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.39] Section 37 (2), new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.40] Sections 43 (2), 45 (2) and 47 (2)
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
to be
substitute
as
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
to be
substitute
as
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.43] Section 102 (4), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.44] Section 116 (2), new note
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a standard note about the Legislation Act
, section 14 (2).
omit
written
Explanatory note
This amendment omits a redundant word because of the Legislation Act
, section 42 (2), which requires notifiable instruments to be in writing.
[3.46] Section 122 (2), new note
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a standard note about the Legislation Act
, section 14 (2).
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment inserts a new term used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.48] Dictionary, definition of analysis
omit
Explanatory note
This amendment omits the definition of "analysis", as it is no longer used in the Act.
[3.49] Dictionary, definition of incorporated document , paragraph (b)
omit
(or a provision of an instrument)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
[3.50] Dictionary, definition of incorporated document notice
omit
Explanatory note
This amendment omits the definition of incorporated document notice , as it is used only in section 117.
[3.51] Dictionary, definition of incorporated document , new note
insert
Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
Part 3.9 Rates Act 2004
omit
calendar
Explanatory note
This amendment omits a word as a consequence of the amendments of the definitions of calendar month and month in the Legislation Act
, dictionary, part 1 by other amendments.
omit
• calendar month
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment omits a term that is no longer used in the Act as a consequence of another amendment.
Part 3.10 Road Transport (Driver Licensing) Regulation 2000
[3.54] Section 2 , note 1
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references ( signpost definitions ) to other terms defined elsewhere.
For example, the signpost definition ‘ infringement notice —see the Road Transport (General) Act 1999
, dictionary.' means that the term ‘infringement notice' is defined in that dictionary and the definition applies to this regulation.
Explanatory note
This amendment updates the note because of a redundant signpost definition.
[3.55] Section 73K, definition of drug-related disqualifying offence , paragraph (e)
omit
Explanatory note
This amendment omits a redundant provision.
[3.56] Sections 124 (3), 127 (3), 130 (2) and 132 (2), new note
insert
Note For how documents may be served, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.57] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 55 (4)
• section 69 (6)
• section 73G (2)
• section 73P (2)
• section 73ZA (1)
• section 73ZG (3)
• section 73ZK (2)
• section 76 (1)
• section 78 (2)
• section 79
• section 81 (3)
• section 85 (2)
• section 88 (1)
• section 88AA (2)
• section 89 (2)
• section 103 (1)
• section 120 (1)
• section 121 (1)
• section 136
Explanatory note
This amendment inserts a standard note about service of documents.
[3.58] Further amendments, new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 56 (2)
• section 73C (3)
• section 73D (3)
• section 73E (2)
• section 73F (2)
• section 73L (3)
• section 73M (3)
• section 73N (2)
• section 73O (2)
• section 73ZE (3)
• section 73ZM (2)
• section 73ZZB (1)
• section 80 (1)
• section 105 (1)
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.11 Totalisator Act 2014
substitute
Note 1 An executive officer who fails to comply with a requirement under this subsection is no longer an eligible person (see s 25 (1) (a) (vii)).
Note 2 The Statutory Declarations Act 1959
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
Note 4 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment corrects a cross-reference in note 1 and inserts 3 standard notes about statutory declarations and service of documents.
insert
Note 3 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
insert
• found guilty
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment inserts a new term used in the Act and defined in the Legislation Act
, dictionary, part 1.
[3.62] Dictionary, definition of betting
omit
moneys
substitute
money
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.63] Dictionary, definition of licensee
omit
Explanatory note
The Legislation Act
, section 157 provides that if an Act defines a term, other parts of speech and grammatical forms of the term have corresponding meanings. The term licence is defined in the dictionary. This amendment omits the definition of licensee because it is redundant.
[3.64] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 8 (1)
• section 9 (2)
• section 17 (2)
• section 18 (2)
• section 21 (2)
• section 28
• section 31
• section 34
• section 42 (2)
• section 43 (2)
• section 44 (4)
• section 49 (2)
• section 51 (4)
• section 52 (1)
• section 70 (3)
• section 71 (1)
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.12 Utilities Act 2000
insert
• s 54L (Offence––failure to register)
• s 243 (Identity cards)
• s 248 (Interference with territory networks)
Explanatory note
Section 5A, note 1 lists the offences in the Act to which the Criminal Code
applies. This amendment updates the note to include references to additional offences.
omit
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.67] Section 38 (1), new note
insert
Note 3 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
any
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
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 updates a standard note about appointments.
omit
all or any
substitute
1 or more
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
, or a provision of an instrument,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
omit
(or a provision of a law or instrument)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 7 (3), section 13 (3) and section 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.
omit
(or a provision of a law or instrument), the law, instrument or provision
substitute
, the law or instrument
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 7 (3), section 13 (3) and section 14 (2) which provide respectively that a reference to an Act, statutory instrument or an instrument includes a reference to a provision of an Act, statutory instrument or instrument.
[3.75] Section 55 (4), new note
insert
Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act
, s 14 (2)).
Explanatory note
This amendment inserts a note to assist legislation users and is consequential on another amendment.
omit
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
insert
(4) In this section:
"water distributor" means––
(a) in relation to the collection or treatment of water, or both, for distribution through a water network—a utility licensed for the service; and
(b) in relation to the distribution of water through a water network—a utility licensed for the service; and
(c) in relation to the provision of a water connection service to premises—a utility licensed to provide the service for the premises.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 83. The definition is omitted from the dictionary by another amendment.
omit
avoid
substitute
remove
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.79] Section 100 (3), new note
insert
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 inserts a standard note about examples.
[3.80] Section 135 (2), new note
insert
Note 1A 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 inserts a standard note about appointments.
[3.81] Section 136 (2), new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
substitute
149A Definitions—pt 9A
In this part:
"essential service" means electricity, gas or water.
"essential service restriction" means a restriction or other regulation prescribed by regulation in relation to the use of an essential service.
Explanatory note
This amendment updates a provision in line with current legislative drafting practice.
[3.83] Dictionary, definitions of essential service and essential service restriction
substitute
"essential service", for part 9A (Shortage of essential services)––see section 149A.
"essential service restriction", for part 9A (Shortage of essential services)––see section 149A.
Explanatory note
This amendment updates definitions in line with current legislative drafting practice.
[3.84] Dictionary, definition of water distributor
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 83 by another amendment.
[3.85] Further amendments, new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
in
• section 42 (1) (a)
• section 45 (5)
• section 48 (3)
• section 49 (1)
• section 57 (2)
• section 58 (6)
• section 59 (3)
• section 75I (2)
• section 88 (2)
• section 89 (3)
• section 109 (1)
• section 110 (2)
• section 111 (2)
• section 176 (2)
• section 181 (6)
• section 235 (1)
• section 236 (2)
• section 238 (2)
• section 249 (2)
Explanatory note
This amendment inserts a standard note about service of documents.
Part 3.13 Working with Vulnerable People (Background Checking) Act 2011
omit
Without limiting subsection (1), the risk assessment guidelines must
substitute
The risk assessment guidelines must
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 44 (3). Section 44 (3) provides that the power to make a statutory instrument (including a disallowable instrument) about a particular matter does not limit power to make a statutory instrument about any other matter.
[3.87] Section 34 (1), new note
insert
Note 3 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 inserts a standard note about appointments.
[3.88] Section 34 (3), new note
insert
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 (1) (c)).
Explanatory note
This amendment inserts a standard note about reappointments.
[3.89] Section 40 (2) (a), new note
insert
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
[3.90] Section 43 (1), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
omit
(a registration number )
Explanatory note
This amendment omits a term no longer used in the Act.
[3.92] Section 58 (1), new note
insert
Note For how documents may be given, see the Legislation Act
, pt 19.5.
Explanatory note
This amendment inserts a standard note about service of documents.
omit
Without limiting subsection (1), a regulation
substitute
A regulation
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 44 (3). Section 44 (3) provides that the power to make a statutory instrument (including a regulation) about a particular matter does not limit power to make a statutory instrument about any other matter.
[3.94] Dictionary, definition of registration number
omit
Explanatory note
This amendment omits a signpost definition that is made redundant as a result of another amendment.