Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE Section 3
STATUTORY APPOINTMENTS
PART 1—AMENDMENT OF ACTS
Omit the definitions.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“7. (1) There shall be a Registrar of Probates.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Probates.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“7A. (1) There may be 1 or more Deputy Registrars of Probates.
“(2) A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar of Probates.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Omit “, a Deputy Registrar, an Acting Registrar, and an Acting Deputy Registrar may each”, substitute “and any Deputy Registrar may”.
Omit “the Registrar, a Deputy Registrar, an Acting Registrar or an Acting Deputy Registrar”, substitute “a person who performs or who has performed a function of the Registrar or a Deputy Registrar”.
Repeal the section, substitute the following section:
“57. (1) There shall be the following offices of the Tribunal:
(a) the office of Registrar of the Tribunal;
(b) such offices of Deputy Registrar of the Tribunal as the Chief Executive determines;
(c) such other offices of the Tribunal as the Chief Executive determines.
“(2) For each office referred to in subsection (1), the Chief Executive shall create and maintain a corresponding office in the Government Service the duties of which include performing the functions of the relevant office referred to in subsection (1).
“(3) The following persons shall hold the offices referred to in subsection (1):
(a) any public servant for the time being performing the duties of the corresponding Government Service office referred to in subsection (2);
(b) any person employed under the Public Service Act 1922 of the Commonwealth who is appointed in writing by the Chief Executive for the purpose of performing the functions of a particular office referred to in subsection (1);
(c) in the absence from duty of a seconded Commonwealth Tribunal officer—the relevant acting Commonwealth Tribunal officer (if any).
“(4) An acting Commonwealth Tribunal officer is to be taken to hold the particular office referred to in subsection (1) from which the relevant seconded Commonwealth Tribunal officer is absent.
“(5) In this section—
Omit the definition, substitute the following definition:
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“6. (1) There shall be a Registrar of Agents.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Agents.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6A. (1) There may be 1 or more Deputy Registrars of Agents.
“(2) A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar of Agents.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“6B. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) An inspector shall perform such functions for the purposes of this Act as the Registrar directs.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“6C. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definitions, substitute the following definitions:
Repeal the Part, substitute the following Part:
“7. (1) There shall be a Pollution Control Authority.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Pollution Control Authority.
“(3) The Authority shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“8. The Authority may, by instrument, delegate any of the Authority's powers under this Act to a public servant, other than the powers under sections 30 and 32 and this power of delegation.
“9. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Authority, including a delegate of the Authority with any delegated powers of an inspector.
“10. (1) The Chief Executive shall issue to the Authority an identity card that specifies the Authority's name and office, and on which appears a recent photograph of the Authority.
“(2) The Chief Executive shall issue to a delegate of the Authority with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(4) Upon ceasing—
(a) to occupy, or to act in, the office of the Authority;
(b) to be a delegate of the Authority with any delegated powers of an inspector; or
(c) to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “Authority or the inspector, as the case may be,”, substitute “inspector”.
Omit “The Authority or an inspector”, substitute “An inspector”.
Omit all the words after “produce”, substitute “his or her identity card”.
Omit “Authority, or an”.
(a) Omit “the Authority or” (first occurring).
(b) Omit “Authority or” (last occurring).
Omit “The Authority or an inspector”, substitute “An inspector”.
Omit “Authority or”.
Omit all the words after “produce”, substitute “his or her identity card”.
Omit “the Authority or an inspector, as the case may be,”, substitute “an inspector”.
Omit the paragraph, substitute the following paragraph:
“(a) that he or she was an inspector on the date or during a period specified in the certificate;”.
Omit “the Authority or an inspector, as the case requires”, substitute “an inspector”.
The following provisions are amended by omitting “the Authority or”:
Subsection 30 (1), paragraph 30 (4) (c), subsections 37 (2) and (3), section 38, subsections 40 (2) and 41 (1), (2) and (3) and paragraph 42 (b).
Omit the definitions, substitute the following definitions:
Repeal the Part, substitute the following Part:
“5. (1) There shall be a Director of Veterinary Hygiene.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Director of Veterinary Hygiene.
“(3) Only a public servant who is a veterinary surgeon may perform the functions of the Director of Veterinary Hygiene.
“(4) Subject to subsection (3), the Director shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. The Director may, by instrument, delegate any of his or her powers under this Act to a public servant.
“7. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office of inspector referred to in subsection (2);
(b) the Director, including a delegate of the Director with any delegated powers of an inspector;
(c) any other person appointed in writing by the Chief Executive for the purpose.
“8. (1) The Chief Executive shall issue to the Director an identity card that specifies the Director's name and office, and on which appears a recent photograph of the Director.
“(2) The Chief Executive shall issue to a delegate of the Director with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(4) Upon ceasing—
(a) to occupy, or to act in, the office of the Director;
(b) to be a delegate of the Director with any delegated powers of an inspector;
(c) to occupy, or to act in, an office of inspector; or
(d) to be appointed as an inspector under paragraph 7 (3) (c);
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit all the words after “appointed”, substitute “to that office under this Act, subject to the same terms and conditions”.
Omit all the words after “subsection (2)”, substitute “shall, on and after the commencement day, be taken to be an identity card issued under this Act”.
Omit the definitions, substitute the following definitions:
Repeal the section, substitute the following section:
“15. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) An inspector shall perform such functions for the purposes of this Act as the Registrar directs.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Omit the definitions, substitute the following definitions:
Insert the following definition:
(a) in relation to the Authority or a delegate of the Authority—the identity card issued to him or her under section 6A;
(b) in relation to an inspector or an authorised officer—the identity card issued to him or her under section 78; or
(c) in relation to a police officer—proof of identification of a type approved for general purposes by the Commissioner of Police;”.
Repeal the section, substitute the following sections:
“5. (1) There shall be an Animal Welfare Authority.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Animal Welfare Authority.
“(3) The Authority shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. The Authority may, by instrument, delegate any of his or her powers under this Act to a public servant.
“6A. (1) The Chief Executive shall issue to the Authority an identity card that specifies the Authority's name and office, and on which appears a recent photograph of the Authority.
“(2) The Chief Executive shall issue to a delegate of the Authority with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) Upon ceasing—
(a) to occupy, or to act in, the office of the Authority; or
(b) to be a delegate of the Authority with any delegated powers of an inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition.
Repeal the Division, substitute the following Division:
“76. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Authority, including a delegate of the Authority with any delegated powers of an inspector;
(c) a police officer;
(d) any other person appointed in writing by the Chief Executive for the purpose.
“77. (1) There may be 1 or more authorised officers for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an authorised officer.
“(3) Only a public servant who is a veterinary surgeon may perform the functions of an authorised officer.
“(4) Subject to subsection (3), an authorised officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“78. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) The Chief Executive shall issue to an authorised officer an identity card that specifies the officer's name and office, and on which appears a recent photograph of the officer.
“(3) Upon ceasing—
(a) to occupy, or to act in, an office of inspector;
(b) to be appointed as an inspector under paragraph 76 (3) (d); or
(c) to occupy, or to act in, an office of authorised officer;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.
“(4) In this section—
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“4. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“13A. (1) There shall be a Registrar of Architects.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Architects.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit “appointed”.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“4. (1) There shall be a Registrar of Bookmakers.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Bookmakers.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“5. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Registrar.
“5AA. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.
“(2) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(3) Upon ceasing to occupy, or to act in, the office of Registrar or an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “The Registrar or an inspector”, substitute “An inspector”.
Omit all the words after “produce”, substitute “his or her identity card”.
Omit “authorizing the Registrar, or an inspector”, substitute “authorising the inspector”.
Omit “authorizing the Registrar or inspector, as the case requires,”, substitute “authorising the inspector”.
Omit “The Registrar, an inspector”, substitute “An inspector”.
1. The following provisions are amended by omitting “the Registrar or an inspector” and substituting “an inspector”:
Subsections 18 (2), 19 (2), (3) and (4), section 20, subsections 22 (1), (2) and (3) and paragraphs 23 (a) and (b).
2. The following provisions are amended by omitting “the Registrar or inspector” (wherever occurring) and substituting “the inspector”:
Subsection 18 (2), paragraph 18 (2) (a) and subsections 19 (2), (3) and (4).
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“7. (1) There may be a Building Controller.
“(2) In addition to performing his or her functions under this Act and the regulations, the Building Controller may perform any of the functions of a building inspector.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Building Controller.
“(4) The Building Controller shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).”.
“7A. (1) There may be 1 or more Deputy Building Controllers.
“(2) A Deputy Building Controller may perform any function of the Building Controller, subject to any direction of the Building Controller.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Building Controller.
“(4) A Deputy Building Controller shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“7B. (1) The Chief Executive shall issue to the Building Controller an identity card that specifies the Building Controller's name and office, and on which appears a recent photograph of the Building Controller.
“(2) The Chief Executive shall issue to a Deputy Building Controller an identity card that specifies the Deputy's name and office, and on which appears a recent photograph of the Deputy.
“(3) Upon ceasing to occupy, or to act in the office of Building Controller, or an office of Deputy Building Controller, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“4A. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office of inspector referred to in subsection (2).
“5. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition, substitute the following definition:
Before “inspectors” insert “other”.
Repeal the sections, substitute the following sections:
“10. The chief casino inspector has the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.
“11. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office of inspector referred to in subsection (2);
(b) the chief casino inspector.
“12. (1) The Chief Executive shall issue to the chief casino inspector an identity card that specifies his or her name and appointment and on which appears a recent photograph of the chief casino inspector.
“(2) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(3) Upon ceasing—
(a) to be the chief casino inspector; or
(b) to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Repeal the section, substitute the following section:
“7. (1) There shall be a Director of Family Services.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Director of Family Services.
“(3) The Director shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Repeal the section.
Omit the definition, substitute the following definition:
Insert the following definition:
Repeal the section, substitute the following section:
“7. (1) There shall be a Clinical Waste Controller.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Clinical Waste Controller.
“(3) The Controller shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Repeal the sections, substitute the following sections:
“9. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Controller, including a delegate of the Controller with any delegated powers of an inspector.
“10. (1) The Chief Executive shall issue to the Controller an identity card specifying the Controller's name and office, and on which appears a recent photograph of the Controller.
“(2) The Chief Executive shall issue to a delegate of the Controller with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) The Chief Executive shall issue to an inspector an identity card specifying the inspector's name and office, and on which appears a recent photograph of the inspector.
“(4) Upon ceasing—
(a) to occupy, or to act in, the office of the Controller;
(b) to be a delegate of the Controller with any delegated powers of an inspector; or
(b) to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “ (1) ”.
Omit the definitions, substitute the following definition:
Omit “ (1) ”.
Omit the subsections.
Repeal the section, substitute the following section:
“13. (1) There shall be a Director of Consumer Affairs for the Australian Capital Territory.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Director of Consumer Affairs for the Australian Capital Territory.
“(3) The Director shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit the definitions, substitute the following definitions:
Omit the subsections, substitute the following subsections:
“(1) There may be a Registrar of Co-operative Societies.
“(2) The Registrar shall perform such functions as are prescribed by the Regulations.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Co-operative Societies.
“(3A) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).”.
Repeal the section, substitute the following sections:
“5AA. (1) There may be a Deputy Registrar of Co-operative Societies.
“(2) The Deputy Registrar of Co-operative Societies may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Registrar of Co-operative Societies.
“(4) The Deputy Registrar of Co-operative Societies shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“5A. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) An inspector shall perform such functions for the purposes of this Act as the Registrar directs, subject to section 5B.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Insert the following section:
“1A. In this Act—
Omit “a member of the Police Force or any person thereto authorized by the Minister, and on production of such authority, give his”, substitute “a police officer or an inspector, and (in the case of an inspector) on production of the inspector's identity card, give his or her”.
Insert the following sections:
“6. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“7. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definitions, substitute the following definitions:
Repeal the section, substitute the following sections:
“190. (1) There shall be a Registrar of the Credit Tribunal.
“(2) The Registrar may, subject to any direction of the Chairman, do all things necessary or convenient to be done for or in connection with his or her functions under this Act.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of the Credit Tribunal.
“(4) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“190A. (1) There shall be a Deputy Registrar of the Credit Tribunal.
“(2) The Deputy Registrar may perform any function of the Registrar, subject to any direction of the Chairman or the Registrar.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Registrar.
“(4) The Deputy Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“4. (1) There may be 1 or more medical referees for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include the performance of the functions of a medical referee.
“(3) Only a public servant who is a medical practitioner who has practised for at least 5 years may perform the functions of a medical referee.
“(4) Subject to subsection (3), a medical referee shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit “appointed under the Public Health Act 1928-1951 ”, substitute “under the Public Health Act 1928 ”.
Omit the subsection, substitute the following subsection:
“(1) There may be 1 or more inspectors for the purposes of this Act.”.
Add at the end the following subsections:
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include the performance of the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Omit the definition, substitute the following definition:
Omit the definition.
Insert the following definition:
(a) Omit “an authorized officer”, substitute “a Community Corrections Officer”.
(b) Omit “authorized” (last occurring).
The following provisions are amended by omitting “an authorized officer” and substituting “a Community Corrections Officer”:
Paragraphs 556G (1) (b), (3) (b) and (4) (b), 556J (2) (c) and (3) (a) and 556K (1) (b) and (c) and subsections 556L (2) and (3) and 556M (1), (3), (4) and (5).
Omit the definition, substitute the following definition:
Insert the following definition:
Repeal the sections, substitute the following sections:
“6. (1) There may be a Chief Inspector of Dangerous Goods for the purposes of this Act and the regulations, the Dangerous Goods Act and the Dangerous Goods Regulation.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Chief Inspector of Dangerous Goods.
“(3) The Chief Inspector shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“7. The Chief Inspector may, by instrument, delegate any of his or her powers to another inspector.
“8. (1) There may be 1 or more inspectors for the purposes of this Act and the regulations, the Dangerous Goods Act and the Dangerous Goods Regulation.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Chief Inspector.
“8A. (1) The Chief Executive shall issue to the Chief Inspector an identity card that specifies the name and office of the Chief Inspector, and on which appears a recent photograph of the Chief Inspector.
“(2) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(3) Upon ceasing to occupy, or to act in—
(a) the office of the Chief Inspector; or
(b) an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definitions, substitute the following definitions:
Insert the following definition:
Omit all the words after “produce”, substitute “his or her identity card”.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“6. (1) There shall be a Registrar of Dogs.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Dogs.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6A. (1) There may be 1 or more Deputy Registrars of Dogs.
“(2) A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar of Dogs.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“7. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) An inspector shall perform such functions for the purposes of this Act as the Registrar directs, or as are prescribed by the regulations.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“7A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition, substitute the following definition:
Omit “Welfare appointed under section 7 of”, substitute “Family Services under”.
Omit “appointed under section 6 of”, substitute “under”.
Repeal the sections, substitute the following section:
“183A. (1) There may be a Government Analyst.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Government Analyst.
“(3) Only a public servant who is an analyst may perform the functions of the Government Analyst.
“(4) Subject to subsection (3), the Government Analyst shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit the definition.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“6. (1) There may be 1 or more officers for the purposes of this Act.
“(2) An officer shall have the powers of a police officer for the purpose of performing his or her functions under this Act.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an officer.
“(4) The following persons shall be officers:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (3);
(b) a police officer;
(c) any other person appointed in writing by the Chief Executive for the purpose.
“(5) The production by an officer (other than a police officer) of his or her certificate of appointment is sufficient evidence of his or her authority to perform a function authorised by this Act .
“(6) A police officer is exempted from any requirement under this Act to produce a certificate of appointment in the course of performing the functions of an officer.
“6A. (1) The Chief Executive shall issue to an officer a certificate of appointment that specifies the officer's name and office, and on which appears a recent photograph of the officer.
“(2) Upon ceasing—
(a) to occupy, or to act in, an office of officer; or
(b) to be appointed as an officer under paragraph 6 (4) (c);
a person shall not, without reasonable excuse, fail to return his or her certificate of appointment to the Chief Executive.
Penalty: $100.
“(3) In this section—
Omit “appointed under section 8;”, substitute “under the Public Health Act 1928 ;”.
Insert the following definition:
Repeal the sections.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“3. (1) There shall be a Controller of Fuels.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of the Controller of Fuels.
“(3) The Controller shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“4. The Controller may, by instrument, delegate any or all of his or her powers to a public servant.
“5. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) An inspector shall perform such functions, subject to this Act, as the Controller directs.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“5A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit all the words after “premises,” (last occurring), substitute “the inspector does not produce his or her identity card”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“7. (1) There shall be a Registrar of Hawkers' Licences.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Hawkers' Licences.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“7A. (1) There may be 1 or more Deputy Registrars of Hawkers' Licences.
“(2) A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar of Hawkers' Licences.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Omit “Wildlife appointed under section 7 of”, substitute “Flora and Fauna under”.
Omit “ (1) ”.
Omit the definition, substitute the following definition:
(a) the public servant for the time being performing the functions of the Commissioner for Housing by virtue of section 4; or
(b) the Commissioner in its corporate capacity under section 7;”.
Repeal the sections, substitute the following section:
“4. (1) There shall be a Commissioner for Housing.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Commissioner for Housing.
“(3) The Commissioner shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit “Director of Welfare” (first occurring), substitute “Director of Family Services”.
Omit “of Welfare”.
Omit the definitions.
Omit the definition, substitute the following definition:
Insert the following definition:
Repeal the sections, substitute the following sections:
“6. (1) There may be a Delegate for Lakes.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Delegate for Lakes.
“(3) The Delegate for Lakes shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
“7. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Delegate for Lakes;
(c) a police officer.
“8. (1) The Chief Executive shall issue to the Delegate for Lakes an identity card specifying the Delegate's name and office, and on which appears a recent photograph of the Delegate.
“(2) The Chief Executive shall issue to an inspector an identity card specifying the inspector's name and office, and on which appears a recent photograph of the inspector.
“(3) Upon ceasing to occupy, or to act in, the office of Delegate for Lakes or an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.
“(4) In this section—
Omit “or a member of the Police Force”.
Omit “or member of the Police Force”.
(a) After “inspector” (first occurring) insert “(other than a police officer)”.
(b) Omit all the words after “production”, substitute “of his or her identity card, the inspector does not produce the card”.
Omit “members of the Police Force of the Territory”, substitute “police officers”.
Omit “or a member of the Police Force”.
Add at the end “or”.
Omit “or” (last occurring).
Omit the paragraph.
Add at the end “or”.
Omit “or” (last occurring).
Omit the paragraph.
Add at the end “or”.
Omit “or” (last occurring).
Omit the paragraph.
(a) Omit “or a member of the Police Force”.
(b) Omit “or member”.
(a) Omit “or member of the Police Force”.
(b) Omit “or member” (second occurring).
Omit “or member of the Police Force”.
Omit “delegate of the Minister” (wherever occurring), substitute “Delegate for Lakes”.
Omit “Wildlife appointed under section 7 of”, substitute “Flora and Fauna under”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“62AB. (1) There shall be a Director of Rental Bonds.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Director of Rental Bonds.
“(3) The Director shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit the definitions, substitute the following definitions:
Omit the paragraph, substitute the following paragraph:
“(b) the Registrar; and”.
Repeal the sections, substitute the following sections:
“14. (1) There shall be a Registrar of Liquor Licences.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Liquor Licences.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“15. (1) There shall be a Deputy Registrar of Liquor Licences.
“(2) The Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Registrar of Liquor Licences.
“(4) The Deputy Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“16. (1) There may be 1 or more Inspectors of Licensed Premises.
“(2) An inspector shall perform such functions as are required by this Act, or as the Registrar directs for the purposes of this Act.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an Inspector of Licensed Premises.
“(4) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“16A. (1) The Chief Executive shall issue to an inspector an identity card specifying the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Repeal the section.
Repeal the section, substitute the following section:
“13. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include those of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit the definitions, substitute the following definitions:
Repeal the section, substitute the following sections:
“17. (1) There shall be a Long Service Leave Registrar.
“(2) The Registrar shall perform such functions as are required by this Act, or as the Board directs.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Long Service Leave Registrar.
“(4) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“17A. (1) There shall be a Deputy Long Service Leave Registrar.
“(2) The Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Long Service Leave Registrar.
“(4) The Deputy Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).”.
Insert the following definitions:
Repeal the section, substitute the following sections:
“3. (1) There shall be a Chief Inspector of Machinery.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Chief Inspector of Machinery.
“(3) The Chief Inspector shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“4. (1) There shall be 1 or more inspectors of machinery for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector of machinery.
“(3) The following persons are inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Chief Inspector.”.
Omit all the words after “functions of”, substitute “, the Chief Inspector and of any inspectors;”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“8. (1) There shall be a Collector of Maintenance.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Collector of Maintenance.
“(3) The Collector shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“(4) The Collector shall—
(a) keep proper accounts of all moneys received, remitted or paid by him or her in the performance of his or her functions as Collector of Maintenance; and
(b) subject to this Act, pay such moneys to the persons entitled to those moneys.
“9. (1) There shall be a Deputy Collector of Maintenance.
“(2) The Deputy Collector may perform any function of the Collector, subject to any direction of the Collector.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Collector of Maintenance.
“(4) The Deputy Collector shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).”.
Omit “Director of Welfare”, substitute “Director of Family Services”.
Omit the definition, substitute the following definition:
(a) in relation to the Territory—the Collector of Maintenance under section 8; or
(b) in relation to a State—an officer under the law of that State whose functions correspond, in whole or in part, to those of the Collector of Maintenance;”.
Omit the definition.
Insert the following definitions:
Repeal the sections.
(a) Omit “authorized person” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized person” (second occurring), substitute “Officer”.
(c) Omit all the words after “produce”, substitute “his or her identity card”.
(a) Omit “authorized person”, substitute “Environmental Health Officer”.
(b) Omit all the words after “subsection (3),”, substitute “the Officer shall produce his or her identity card”.
Insert the following subsection:
“(4A) If an Environmental Health Officer fails to comply with subsection (2) or (4)—
(a) if the Officer has entered any premises or place—he or she is not authorised to remain there;
(b) if the Officer has stopped a vehicle—he or she is not authorised to search the vehicle;
(c) if the Officer has made a requirement of a person under subparagraph (1) (aa) (ii) or subsection (3)—the person is not obliged to comply with the requirement.”.
The following provisions are amended by omitting “authorized person” (wherever occurring) and substituting “Environmental Health Officer”:
Subsections 11 (1), (1B) and (2), 18 (1), (3) and (5).
Repeal the section, substitute the following section:
“57. A person shall not, without reasonable excuse, obstruct or hinder any person performing a function for the purposes of this Act.
Penalty:
(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both;
(b) in the case of a body corporate—$5,000.”.
Omit the definition.
Omit the definitions substitute the following definitions:
Repeal the section, substitute the following sections:
“6. (1) There may be a Registrar of Motor Vehicles.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Motor Vehicles.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6A. (1) There may be 1 or more Deputy Registrars of Motor Vehicles.
“(2) A Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“6B. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“6C. (1) There may be 1 or more medical testing officers.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a medical testing officer.
“(3) A medical testing officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“6D. (1) There may be 1 or more motor traffic officers for the purposes of this Act.
“(2) A motor traffic officer may only perform such functions of a motor traffic officer as he or she is authorised by the Registrar to perform.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a motor traffic officer.
“(4) A motor traffic officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
Omit “member of the Police Force”, substitute “police officer”.
Omit “any inspector or any officer in the execution of his or her duty or by any member of the Police Force”, substitute “an inspector, motor traffic officer or police officer”.
Omit the paragraph, substitute the following paragraph:
“(b) he or she produces the required evidence at the Motor Registry, or a Police Station nominated by the owner at the time of the requirement, within 3 days after the production of the evidence was required.”.
Omit the paragraph, substitute the following paragraph:
“(c) a police officer;”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “an officer in the execution of his or her duty or by a member of the Police Force in uniform”, substitute “a police officer in uniform or a motor traffic officer”.
Omit all the words after “consent,”, substitute “of a police officer in uniform or a motor traffic officer”.
Omit “a member of the Police Force or an officer”, substitute “a police officer or a motor traffic officer”.
Omit “Chief Police Officer for the Australian Capital Territory”, substitute “chief police officer”.
Omit “Chief Police Officer for the Australian Capital Territory”, substitute “chief police officer”.
(a) Omit “the Registrar, any inspector, any officer in the execution of his or her duty or any member of the Police Force,”, substitute “an officer”.
(b) Omit “Registrar, inspector, officer or member”, substitute “officer”.
Omit “the Registrar, any inspector, any officer in the execution of his or her duty or any member of the Police Force,”, substitute “an officer”.
Insert the following definition:
(a) the Registrar;
(b) an inspector;
(c) a motor traffic officer; or
(d) a police officer.”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “any inspector, any officer in the execution of his or her duty or by any member of the Police Force,”, substitute “an inspector, a motor traffic officer or a police officer”.
Omit the subparagraphs, substitute the following subparagraphs:
“(iii) by a motor traffic officer;
(iv) by a police officer; or”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “holds or has held the office of Registrar or Deputy Registrar”, substitute “performs, or who has performed, the functions of the Registrar or a Deputy Registrar”.
Omit “or an officer thereto authorized by the Minister or a member of the Police Force”, substitute “, a motor traffic officer or a police officer”.
(a) Omit “member of the Police Force or an officer in the execution of his or her duty”, substitute “motor traffic officer or police officer”.
(b) Omit “member or officer” (wherever occurring), substitute “officer”.
(a) Omit “Each member of the Police Force, each inspector and each officer thereto authorized by the Minister”, substitute “An inspector, motor traffic officer or police officer”.
(b) Omit “any member of the Police Force in the execution of his or her duty under this Act, an inspector or officer thereto authorised by the Minister”.
Omit “member,”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “member of the Police Force” (last occurring), substitute “police officer”.
Omit “member of the Police Force”, substitute “police officer”.
Omit “Any member of the Police Force”, substitute “A police officer”.
Omit “in the execution of his or her duty under this Act”.
Omit “or an officer authorized in that behalf by the Registrar or upon request by any member of the Police Force, permit the inspector, officer or member”, substitute “, a motor traffic officer or a police officer, permit the inspector or officer”.
Omit all the words after “inspector”, substitute “, a motor traffic officer authorised for the purpose by the Registrar or a police officer, produce the permit for inspection by the inspector or officer”.
After “prescribed” insert “motor traffic”.
Omit “appointed”.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“7. (1) There shall be a Conservator of Flora and Fauna.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Conservator of Flora and Fauna.
“(3) The Conservator shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“8. (1) There shall be 1 or more conservation officers.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a conservation officer.
“(3) The following persons shall be conservation officers:
(a) any
public servant for the time being performing the duties of a Government
Service office of conservation officer referred to in
subsection (2);
(b) the Conservator;
(c) any other person appointed in writing by the Chief Executive for the purpose.
“9. (1) The Chief Executive shall issue to the Conservator an identity card that specifies the Conservator's name and office, and on which appears a recent photograph of the Conservator.
“(2) The Chief Executive shall issue to a conservation officer an identity card that specifies the officer's name and office, and on which appears a recent photograph of the officer.
“(3) Upon ceasing—
(a) to occupy, or to act in, the office of the Conservator;
(b) to occupy, or to act in, an office of a conservation officer; or
(c) to be appointed as a conservation officer under paragraph 8 (3) (c);
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Repeal the section, substitute the following section:
“14. The Conservator may, by instrument, delegate to a conservation officer any of his or her powers under this Act.”.
Omit “appointed under subsection 11 (1)”.
Omit “the identity card issued to him or her under subsection 11 (2)”, substitute “his or her identity card”.
Omit “the identity card issued to him or her under subsection 11 (2)”, substitute “his or her identity card”.
Omit all the words after “produce”, substitute “his or her identity card for inspection by that person”.
Insert the following definition:
(a) Omit “ (1) ”.
(b) Omit “the Minister or an authorized person”, substitute “an inspector”.
Omit the subsection.
Insert the following section:
“6A. (1) There may be 1 or more inspectors for the
purposes of
this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit “Inspection of Machinery Regulations”, substitute “Machinery Regulations”.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“69. (1) There shall be an Occupational Health and Safety Registrar.
“(2) In addition to performing the functions of the Registrar under this Act and the regulations, the Registrar shall perform such other functions relating to occupational health and safety as the Minister directs.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Occupational Health and Safety Registrar.
“(4) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“70. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) the Registrar, including a delegate of the Registrar with any delegated powers of an inspector.
“71. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.
“(2) The Chief Executive shall issue to a delegate of the Registrar with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(4) Upon ceasing—
(a) to occupy, or to act in, the office of the Registrar;
(b) to be a delegate of the Registrar with any delegated powers of an inspector; or
(c) to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Insert the following section in Division 2 of Part VII:
“80C. In this Division—
Omit the definition, substitute the following definition:
Omit the subsection, substitute the following subsections:
“(1) There shall be a Secretary to the Board.
“(1A) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Secretary to the Board.
“(1B) The Secretary shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (1A).”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“5. (1) There shall be a Registrar of Transferred Parole Orders.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Transferred Parole Orders.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“7. (1) There shall be a Registrar of Pesticides.
“(2) In addition to performing the functions of the Registrar under this Act, the Registrar may perform any of the functions of an inspector.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Pesticides.
“(4) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“7A. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.
“(2) The Chief Executive shall issue to a delegate of the Registrar with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office, and on which appears a recent photograph of the delegate.
“(3) Upon ceasing—
(a) to occupy, or to act in, the office of the Registrar; or
(b) to be a delegate of the Authority with any delegated powers of an inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “ (1) ”.
Omit the subsection.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“7. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“7A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, the office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit all the words after “produce”, substitute “his or her identity card”.
Omit the definition, substitute the following definition:
Add at the end “or”.
Omit “; and”.
Omit the paragraph.
Insert the following section:
“6B. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Insert the following definition:
Repeal the section, substitute the following sections:
“9. (1) There may be 1 or more analysts for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an analyst.
“(3) An analyst shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“9A. In proceedings in the Magistrates Court for an offence against this Act, a certificate purporting to be signed by an analyst and to state the results of an analysis of a substance is—
(a) to be taken to have been signed by an analyst, unless the contrary is proved; and
(b) is evidence of the matters stated in the certificate.”.
Omit the definition, substitute the following definition:
Insert the following definition:
Repeal the section, substitute the following section:
“9. (1) There may be a poundkeeper for any pound.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a poundkeeper.
“(3) A poundkeeper shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Repeal the section, substitute the following sections:
“37. (1) There may be 1 or more inspectors of pounds.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector of pounds.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“37A. (1) Subject to the directions of the Chief Executive, an inspector of pounds has the supervision and control of such pounds and poundkeepers as the Chief Executive directs.
“(2) In the performance of a function under subsection (1), an inspector may enter any land at any time to inspect any cattle impounded or detained for the purpose of being impounded.
“37B. A person shall not, without reasonable excuse, obstruct or hinder an inspector in the performance of his or her functions under this Act.
Penalty:
(a) in the case of a natural
person—$5,000 or imprisonment for
6 months, or both;
(b) in the case of a body corporate—$25,000.”.
Omit the definitions, substitute the following definitions:
Repeal the sections, substitute the following sections:
“5. (1) There shall be a Registrar of Printers and Newspapers.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Printers and Newspapers.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. (1) There may be 1 or more Deputy Registrars of Printers and Newspapers.
“(2) A Deputy Registrar may exercise any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar of Printers and Newspapers.
“(4) A Deputy Registrar shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).”.
Insert the following definition:
Repeal the section, substitute the following section:
“5. (1) There shall be a Registrar of Brothels and Escort Agencies.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Brothels and Escort Agencies.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit “of Brothels and Escort Agencies”.
Omit the definition.
Insert the following definition:
Insert the following section:
“2B. (1) There shall be 1 or more Protection of Lands Officers.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Protection of Lands Officer.
“(3) A Protection of Lands Officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit “authorized” (last occurring).
Omit “, or any person authorized by the Minister on that behalf,”, substitute “or a Protection of Lands Officer”.
Omit “authorized”.
The following provisions are amended by omitting “an authorized officer” and substituting “a Protection of Lands Officer”:
Subsections 4 (1), 5 (1) and (2) and 7 (1), section 8, subsection 10 (1), paragraph 10 (2) (a) and section 12.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“7. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) any police officer.
“7A. A person shall not, without reasonable excuse, obstruct or hinder an inspector in the performance of his or her functions.
Penalty:
(a) in the case of a natural person—$5,000 or imprisonment for 6 months, or both;
(b) in the case of a body corporate—$25,000.”.
Omit the definition, substitute the following definition:
Omit the definition.
Insert the following definition:
Repeal the sections, substitute the following sections:
“5. (1) There shall be a Medical Officer of Health.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Medical Officer of Health.
“(3) Only a public servant who is a medical practitioner registered under the Medical Practitioners Act 1930 may perform the functions of the Medical Officer of Health.
“(4) Subject to subsection (3), the Medical Officer of Health shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. The Medical Officer of Health may, by instrument, delegate any of his or her powers under this Act to any person.
“7. (1) There may be 1 or more Environmental Health Officers.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an Environmental Health Officer.
“(3) An Environmental Health Officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“8. (1) The Chief Executive shall issue to an Environmental Health Officer an identity card specifying the Officer's name and office, and on which appears a recent photograph of the Officer.
“(2) Upon ceasing to occupy, or to act in, an office of Environmental Health Officer, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definitions, substitute the following definitions:
(a) the public servant for the time being performing the functions of the Public Trustee for the Australian Capital Territory by virtue of section 5; or
(b) the Public Trustee for the Australian Capital Territory in its corporate capacity under section 8;”.
Repeal the sections, substitute the following sections:
“5. (1) There shall be a Public Trustee for the Australian Capital Territory.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Public Trustee for the Australian Capital Territory.
“(3) The Public Trustee shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. (1) There shall be a Deputy Public Trustee.
“(2) The Deputy Public Trustee may perform any function of the Public Trustee, subject to any direction of the Public Trustee.
“(3) The Chief Executive shall create and maintain an office in the Public Service the duties of which include performing the functions of the Deputy Public Trustee.
“(4) The Deputy Public Trustee shall be the public servant for the time being performing the duties of the Public Service office referred to in subsection (3).
“(5) A person dealing with the Deputy Public Trustee is not bound to enquire whether the Deputy Public Trustee, in performing a function in connection with a dealing—
(a) was subject to a direction of the Public Trustee; or
(b) complied with a direction of the Public Trustee to which the Deputy Public Trustee was subject.”.
Omit the subsection.
Insert the following definition:
Insert the following sections:
“29. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“29A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, the office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “Any authorized person may, on the production of his authority”, substitute “An inspector may, on the production of his or her identity card”.
Omit “himself to be, or personates, an authorized person under this Act”, substitute “himself or herself to be, or personates, an inspector”.
Omit “any authorized person in the exercise of any power or authority vested in him by this Act,”, substitute “an inspector in the performance of his or her functions”.
Omit the subsection.
Omit the definition, substitute the following definition:
Insert the following definition:
“ ‘identity card' means an identity card issued under section 18A;”.
Omit the section, substitute the following sections:
“18. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“18A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, the office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “a certificate issued for the purposes of subsection 18 (2)”, substitute “his or her identity card”.
Omit “appointed”.
Omit the definition, substitute the following definition:
(a) the public servant for the time being performing the functions of the Registrar-General of the Australian Capital Territory by virtue of section 4; or
(b) the Registrar-General of the Australian Capital Territory in its corporate capacity by virtue of section 5;”.
Repeal the section, substitute the following sections:
“4. (1) There shall be a Registrar-General of the Australian Capital Territory.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar-General of the Australian Capital Territory.
“(3) The Registrar-General shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“4A. (1) There may be 1 or more Deputy Registrars-General.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar-General.
“(3) A Deputy Registrar-General shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Repeal the section.
Omit the subsection, substitute the following subsection:
“(1) A person who performs, or who has performed, the functions of the Registrar-General of the Australian Capital Territory or of a Deputy Registrar-General is not personally liable to an action or other proceeding for or in relation to an act done or omitted to be done in good faith in performance or purported performance of such a function.”.
Omit “or another person acting or purporting to act in good faith for the Registrar-General”.
Omit the definitions, substitute the following definitions:
Repeal the section, substitute the following sections:
“6. (1) There shall be an Administrator.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Administrator.
“(3) The Administrator shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6AA. (1) There shall be the following offices for each remand centre:
(a) an office of Superintendent;
(b) 1 or more offices of custodial officer;
(c) an office of medical officer.
“(2) For each office referred to in subsection (1), the Chief Executive shall create and maintain a corresponding office in the Government Service the duties of which include performing the functions of the relevant office referred to in subsection (1).
“(3) The following persons shall be officers of a remand centre:
(a) any public servant for the time being performing the duties of the corresponding Government Service office referred to in subsection (2);
(b) in the case of the medical officer—
(i) a registered medical practitioner who is a public servant for the time being performing the duties of the corresponding Government Service office referred to in subsection (2); or
(ii) a registered medical practitioner appointed by the Chief Executive for the purpose.”.
Omit the definition, substitute the following definition:
Insert the following section:
“2B. (1) There may be 1 or more Roads and Public Places Officers.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Roads and Public Places Officer.
“(3) A Roads and Public Places Officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit “authorized officer”, substitute “Roads and Public Places Officer”.
Omit “an authorized” (wherever occurring).
The following provisions are amended by omitting “an authorized officer” (wherever occurring) and substituting “a Roads and Public Places Officer”:
Paragraph 3 (4) (c), subsections 4 (3) and 5 (1) and (3), paragraph 7 (b), section 8, subsection 9 (1), section 12, subsections 13 (1) and (2), paragraph 14 (1) (b) and subsection 14 (2).
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“4. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“4A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, the office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the paragraph, substitute the following paragraph:
“(b) be accompanied on an inspection by a police officer or an Environmental Health Officer under the Public Health Act 1928 ;”.
Omit “to him his certificate of appointment”, substitute “his or her identity card”.
Omit the definitions, substitute the following definitions:
Insert the following definition:
Repeal the section, substitute the following sections:
“5. (1) There shall be a Registrar of Motor Vehicle Dealers.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Motor Vehicle Dealers.
“(3) The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“5A. (1) There shall be a Deputy Registrar of Motor Vehicle Dealers.
“(2) The Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Registrar of Motor Vehicle Dealers.
“(4) The Deputy Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“5B. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) a public servant for the time being performing the functions of a Government Service office referred to in subsection (2);
(b) the Registrar;
(c) the Deputy Registrar;
(d) a police officer of or above the rank of sergeant.
“5C. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.
“(2) The Chief Executive shall issue to the Deputy Registrar an identity card that specifies the Deputy's name and office, and on which appears a recent photograph of the Deputy.
“(3) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(4) Upon ceasing to occupy, or to act in—
(a) the office of the Registrar;
(b) the office of the Deputy Registrar; or
(c) an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.
“(5) In this section—
Repeal the section, substitute the following section:
“77. (1) An inspector (other than a police officer) is not entitled to perform any function under section 76 unless, on the request of the relevant person, the inspector produces his or her identity card to that person.
“(2) In this section—
Omit the definition, substitute the following definition:
Omit “appointed pursuant to”, substitute “under”.
Omit the definitions, substitute the following definitions:
Repeal the Part, substitute the following Part:
“5. (1) There shall be a Controller of Stock.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Controller of Stock.
“(3) The Controller shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“6. (1) There may be 1 or more Deputy Controllers of Stock.
“(2) A Deputy Controller may perform any function of the Controller, subject to any direction of the Controller.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Controller of Stock.
“(4) A Deputy Registrar shall be a public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
“7. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector is any public servant for the time being performing the functions of a Government Service office referred to in subsection (2).
“8. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition.
Omit the definitions, substitute the following definitions:
Insert the following definition:
Repeal the sections, substitute the following sections:
“4. (1) There may be 1 or more Community Corrections Officers for the purposes of this Act and Part XVA of the Crimes Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include the performance of the functions of a Community Corrections Officer.
“(3) A Community Corrections Officer shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“5. (1) There may be 1 or more supervisors for the purposes of this Act and Part XVA of the Crimes Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a supervisor.
“(3) A supervisor is any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
Omit “an authorized officer”, substitute “a Community Corrections Officer”.
Omit “the authorized officer”, substitute “the Community Corrections Officer”.
Omit “An authorized officer”, substitute “A Community Corrections Officer”.
Omit “authorized officer”, substitute “Community Corrections Officer”.
Omit “an authorized officer”, substitute “a Community Corrections Officer”.
Omit “An authorized officer”, substitute “A Community Corrections Officer”.
Omit “authorized”.
Omit “an authorized officer”, substitute “a Community Corrections Officer”.
Omit “Director of Welfare”, substitute “Director of Family Services”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“5. (1) There shall be a Superintendent of Trade Measurement.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Superintendent of Trade Measurement.
“(3) The Superintendent shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
“5A. The Superintendent, with the approval of the Chief Executive—
(a) may hold an appointment under the National Measurement Regulations of the Commonwealth; and
(b) may perform any function conferred on the holder of such an appointment.
“5B. The Superintendent may delegate any of his or her powers to a public servant other than the power to appoint a person to be an inspector.”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following sections:
“11. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
“11A. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Repeal the section, substitute the following section:
“13. An inspector who enters a shop or place for the purposes of this Act is not authorised to remain there if the inspector does not produce his or her identity card to the occupier on request.”.
Omit the definition.
Insert the following definition:
Repeal the section, substitute the following section:
“3A. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
(b) any police officer.”.
After “Inspector” insert “other than a police officer”.
Omit “or a member of the Police Force of the Territory” (wherever occurring).
Omit “or a member of the Police Force”.
Omit the subsection.
Omit “A member of the Police Force of the Territory, or an”, substitute “An”.
Omit the definition, substitute the following definition:
Omit the definitions, substitute the following definitions:
Insert the following definition:
(a) in relation to the Authority—the identity card issued to him or her under section 9 of the Air Pollution Act 1984 ;
(b) in relation to an inspector, or a delegate of the Authority under this Act—the identity card issued to him or her under section 9 of this Act;”.
Repeal the Part, substitute the following Part:
“7. (1) There shall be 1 or more inspectors for the purposes of this Act.
“(2) Subject to this Act, an inspector referred to in paragraph (4) (a) shall perform such functions for the purposes of this Act as the Authority directs.
“(3) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(4) The following persons shall be inspectors:
(a) any public servant for the time being performing the duties of a Government Service office referred to in subsection (3);
(b) the Authority, including a delegate of the Authority with any delegated powers of an inspector.
“8. The Authority may, by instrument, delegate any of his or her powers under this Act to any person, other than the powers under sections 27, 30A, 30C, 32 and 33 and this power of delegation.
“9. (1) The Chief Executive shall issue to a delegate of the Authority with any delegated powers of an inspector an identity card that specifies the delegate's name and delegated office and on which appears a recent photograph of the delegate.
“(2) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(3) Upon ceasing—
(a) to be a delegate of the Authority with any delegated powers of an inspector; or
(b) to occupy, or to act in, an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit “the Authority or the inspector, as the case may be,”, substitute “the inspector”.
Omit “The Authority or an inspector”, substitute “An inspector”.
Omit all the words after “produce”, substitute “his or her identity card”.
Omit “The Authority or an inspector”, substitute “An inspector”.
Omit all the words after “produce”, substitute “his or her identity card”.
Repeal the section, substitute the following sections:
“37A. (1) There may be 1 or more analysts for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an analyst.
“(3) An analyst shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).”.
“37AA. (1) The Chief Executive shall issue to an analyst an identity card that specifies the analyst's name and office, and on which appears a recent photograph of the analyst.
“(2) Upon ceasing to occupy, or to act in, an office of analyst, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit all the words after “produce”, substitute “his or her identity card”.
(a) Omit “the Authority or” (first occurring).
(b) Omit “the Authority or the inspector, as the case may be”, substitute “the inspector”.
The following provisions are amended by omitting “the Authority or”:
Subsection 30A (1), paragraph 30A (4) (c), subsections 32 (2), (3) and (4), paragraphs 32 (4) (b) and (c), subsection 32 (5), paragraphs 32 (5) (c) and (d), section 33, subsections 34 (1) and (4), paragraph 35 (1) (a), subsections 35 (2), 36 (1), (2) and (3), paragraph 37 (b) and subsection 37B (1).
Omit “appointed”.
Omit the definition, substitute the following definition:
Omit the definition, substitute the following definition:
Repeal the sections, substitute the following sections:
“23D. (1) There may be 1 or more inspectors for the purposes of this Act.
“(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
“(3) An inspector shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (3).
“23E. (1) The Chief Executive shall issue to an inspector an identity card that specifies the inspector's name and office, and on which appears a recent photograph of the inspector.
“(2) Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty: $100.”.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“8. (1) There shall be a Manager of the Fund.
“(2) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Manager of the Fund.
“(3) The Manager shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).”.
Omit “Where the Manager is a public servant, there”, substitute “There”.
Repeal the sections, substitute the following section:
“10. (1) All courts, judges and persons acting judicially shall take judicial notice of the signature of a person who performs, or who has performed, the functions of the Manager of the Fund and of the fact that he or she performs, or has performed, those functions.
“(2) For the purposes of this Act, a document that purports to be signed by the Manager is to be taken to be signed by the Manager, unless the contrary is proved.”.
Omit from the definition “appointed”.
Omit the definition, substitute the following definition:
Insert the following definitions:
Omit “, appointed under the Machinery Act 1949 ”.
The following provisions are amended by omitting “appointed under the Machinery Act 1949 ”:
Subparagraphs 113 (1) (a) (i) and (ii), paragraph 124 (5) (a), subregulations 126 (1) and 228 (4).
Repeal the regulation, substitute the following regulation:
“1. These Regulations may be cited as the Machinery Regulations.”.
Omit the definitions, substitute the following definitions:
Omit “ (1) ”.
Omit the definition, substitute the following definition:
“ ‘inspector' means an inspector under the Act;”.
Omit from Column 3 “officer or member of police force”, substitute “motor traffic officer or police officer”.
(a) Omit “the person engaged in performing or exercising such functions, duties or powers in the name of, or on behalf of,”.
(b) Omit “Australian Public Service” (wherever occurring), substitute “Government Service”.
Omit “Australian Public Service”, substitute “Government Service”.
Insert the following definition:
Omit “inspector”, substitute “Environmental Health Officer”.
Omit “inspector”, substitute “Environmental Health Officer”.
Insert the following definition:
Omit “authorized officer”, substitute “Environmental Health Officer”.
Omit “authorized officer”, substitute “Environmental Health Officer”.
Omit the definition.
Insert the following definition:
(a) Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized” (last occurring).
Omit “inspector”, substitute “Environmental Health Officer”.
(a) Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized” (last occurring).
Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
Omit “authorized”.
(a) Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized” (last occurring).
Omit “authorized officer”, substitute “Environmental Health Officer who submitted the sample”.
(a) Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized” (last occurring).
Repeal the regulation, substitute the following regulation:
“94. (1) There may be an analyst for the purposes of these Regulations.
“(2) The functions of the analyst are to examine milk and cream in accordance with these Regulations.
“(3) The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the analyst.
“(4) The analyst shall be the public servant for the time being performing the duties of the Government Service office referred to in subregulation (3).”.
(a) Omit “authorized officer” (first occurring), substitute “Environmental Health Officer”.
(b) Omit “authorized” (last occurring).
The following provisions are amended by omitting “authorized officer” (wherever occurring) and substituting “Environmental Health Officer”:
Subregulations 19 (7), 20 (1), 21 (1), (2), (4) and (5) and 25 (1) and (2), paragraphs 26 (b) and (c), subregulation 27 (2), paragraphs 28 (1) (b), 30 (b) and (c), 31 (b), 39 (g), 51 (2) (b), 63 (1) (e) and 71 (a) and (b), subregulations 88 (1) and 89 (1), paragraph 89 (2) (a), regulation 90, paragraphs 91 (c) and (d), regulation 92, subregulation 93 (3) and paragraphs 99 (a), (b) and (c).
Omit “authorized person”, substitute “Environmental Health Officer”.
Insert the following definition:
Omit “authorized officer” (wherever occurring), substitute “Environmental Health Officer”.
Insert the following definition:
Omit “authorized officer”, substitute “Environmental Health Officer”.
Insert the following definition:
Omit “inspector”, substitute “Environmental Health Officer”.
Omit the definition.
Insert the following definition:
Omit “the Inspector”, substitute “an Environmental Health Officer”.
The following provisions are amended by omitting “Inspector” (wherever occurring) and substituting “Environmental Health Officer”:
Paragraphs 7 (d), (f) and (g), regulations 10 and 11, paragraphs 13 (a) and (f), subregulation 15 (2), regulation 16 and subregulations 20 (2) and 21 (4).
Insert the following definition:
Omit “authorized officer”, substitute “Environmental Health Officer”.
Omit “authorized officer”, substitute “Environmental Health Officer”.
Insert the following definition:
(a) Omit “authorised person”, substitute “Environmental Health Officer”.
(b) Omit “or person”.
(c) Omit “or that person”.
Omit “authorised person”, substitute “Environmental Health Officer”.
Omit “authorised person”, substitute “Environmental Health Officer”.
Omit the definition, substitute the following definition:
“ ‘Act' means the Public Health Act 1928 ;”.
Insert the following definition:
Omit “Any inspector, officer or”, substitute “An Environmental Health Officer or a”.
Omit “Any inspector or authorized officer”, substitute “An Environmental Health Officer”.
Omit “inspector or authorised officer”, substitute “Environmental Health Officer”.
Omit “inspector or authorised”.
Omit “inspector or authorising”.
(a) Omit “any inspector or authorized officer”, substitute “an Environmental Health Officer”.
(b) Omit “inspector or authorized” (last occurring).
Omit “inspector or authorized officer”, substitute “Environmental Health Officer”.
(a) Omit “inspector” (first and second occurring), substitute “Environmental Health Officer”.
(b) Omit “inspector” (last occurring), substitute “officer”.
Omit “inspector, permit such inspector”, substitute “Environmental Health Officer, permit the officer”.
Omit “the inspector”, substitute “an Environmental Health Officer”.
The following provisions are amended by omitting “inspector” (wherever occurring) and substituting “Environmental Health Officer”:
Regulation 29, paragraph 39 (d), regulations 43 and 46, paragraph 55 (c), subregulations 56 (5) and (7), regulation 63, paragraph 75 (g), subregulation 82 (2), paragraphs 83 (a), 84 (k), 85 (1) (f) and 86 (h), subregulation 95A (3) and paragraph 95A (5) (b).
NOTE ABOUT HEADINGS
On the day on which the regulations specified below are amended by this Act, headings to provisions in those regulations are altered as set out in the following table:
Regulations Alteration |
Public Health (Dairy) Regulations
Regulation 88 Omit the heading, substitute the following heading:
Powers of Environmental Health Officers
Public Health (Sale of Food and Drugs) Regulations
Regulation 46 Omit “ ; methods approved by inspector ”.
[Presentation speech made in Assembly on 10 November 1994]
© Australian Capital Territory 2003