2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Statute Law Amendment Act 2002.

(1) This Act commences on the day after its notification day.

(2) However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment.

(3) In this section:

special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: 12 July 2001)’ means that the amendment is taken to have commenced on 12 July 2001.

The purpose of this Act is to improve the quality of the statute law of the Territory by amending or repealing Acts and regulations for the purpose of statute law revision.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Schedules 1 to 3 amend the Acts and regulations mentioned in them.

(1) Schedule 4 repeals the Acts mentioned in it.

(2) The Financial Sector Reform (ACT) Act 1999 and the University of Canberra (Transfer) Act 1997 are declared to be laws to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.

(b) for proceedings of a kind mentioned in section 5 (a), (b), (c) or (e) that relate to the alleged commission of a sexual offence—the complainant.

This amendment brings the language of the paragraph into line with current drafting practice and updates a cross-reference that was inadvertently missed when the Act was amended by the Protection Orders (Consequential Amendments) Act 2001. The amendment will ensure that the provisions of the Evidence (Miscellaneous Provisions) Act 1991, part 2 (which is about the giving of evidence of sexual offences by children) apply to proceedings under the Protection Orders Act 2001. The provisions of the part previously applied to proceedings under the Domestic Violence Act 1986, now named the Domestic Violence Agencies Act 1986, which was largely replaced by the Protection Orders Act 2001. The amendment is explained further in the explanatory memorandum.

(3) For subsection (1), a determination may adopt a health benefits agreement (or a provision of a health benefits agreement) as in force from time to time.

Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act 2001.

(4) In this section:

health benefits agreement means an agreement between the service or the Territory and an entity that provides health benefits to contributors of a health benefits fund conducted by the entity.

This amendment provides for a determination of fees and charges to adopt the charges set out in agreements, as in force from time to time, with health benefits organisations. This approach removes the need for a determination to set out a voluminous number of charges that have been agreed with health benefits organisations and for the determination to be revised each time a charge is altered.

(g) a matter arising under a Territory law that is part of a uniform scheme of legislation or complementary with legislation of the Commonwealth, a State or New Zealand;

This amendment makes 2 minor changes to the paragraph that provides that a regulatory impact statement is not required for uniform or complementary legislation. First, this amendment adds New Zealand to the jurisdictions that can be involved. Many uniform or complementary legislative schemes now involve New Zealand as well as the Commonwealth, States and other Territories. Second, this amendment clarifies the nature of uniform legislation to which the paragraph applies. Under the existing paragraph the Territory law must be substantially uniform with legislation of another jurisdiction. This amendment changes this to require that the Territory law be part of a uniform scheme of legislation. This amendment more accurately reflects the nature of uniform legislative schemes and recognises that uniform legislative schemes do not always require a Territory law that is substantially uniform with the law of another jurisdiction. For example, the scheme may provide for a Territory law to give legislative force in the ACT to legislation enacted in another jurisdiction. The uniform credit scheme is an example of such a uniform legislative scheme.

Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws (see that Act, s 5).

This amendment adds a note about the legislation under which statutory declarations for ACT laws are made.

on the day

immediately

(commencement: 12 September 2001)

The Parliamentary Counsel’s Office endeavours to republish all new laws on the legislation register on the day they commence. The office also republishes a new version of republished laws every time the law is affected by an amendment, modification or expiry. Section 89 (3) and (4) presently provides for the automatic repeal of amendment and commencement provisions on the day after they have commenced. Under this amendment the repeal will happen immediately after the provisions have fully operated. This amendment will allow the Parliamentary Counsel’s Office to maintain its existing republication practices without the need to prepare an additional version of every new law on the day after the day of its commencement. This amendment is backdated to the establishment of the legislation register.

new section 7A, division 2.2

Division 2.2, new section 7A

This amendment brings the example into line with current drafting practice relating to amendments.

new section 7A, division 2.3

Division 2.3, new section 7A

This amendment brings the example into line with current drafting practice relating to amendments.

A reference to the ‘XYZ Act 2000 (repealed)’ is a reference to the XYZ Act 2000 immediately before it was repealed.

This amendment brings the example into line with current drafting practice relating to references to repealed laws.

another Act

the Act

This amendment clarifies the operation of the section.

inserted, for a provision, includes inserted in substitution for another provision.

This amendment makes it clear that the rules in section 146 about the meaning of may and must apply to provisions inserted in substitution for other provisions.

under the law

under a law

This amendment corrects a minor typographical error.

custodial escort means a person appointed as an escort under the Custodial Escorts Act 1998, section 4.

director of corrective services means the Director of Corrective Services under the Periodic Detention Act 1995.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.

remand centre means an area declared under the Remand Centres Act 1976 to be a remand centre or a temporary remand centre.

remand centre administrator means the Administrator under the Remand Centres Act 1976, section 6.

sentence administration board means the Sentence Administration Board under the Rehabilitation of Offenders (Interim) Act 2001.

The dictionary, part 1 contains definitions of entities, officials, things and concepts that are used from time to time in ACT laws. Once a term is defined in the dictionary, part 1 it applies to all ACT laws and does not need to be repeated in individual laws.

under, in relation to an Act or statutory instrument or a provision of an Act or statutory instrument, includes the following:

(a) by;

(b) by virtue of;

(c) for or for the purposes of;

(d) in accordance with;

(e) in pursuance of;

(f) pursuant to;

(g) within the meaning of.

This amendment adds paragraphs (b), (e) and (f) to cover other phrases that are equivalent to the word under in most legislative contexts and brings the definition into line with current drafting practice.

the discharge by ACTEW of any of its powers or functions as employer, other than a power or function

the exercise by ACTEW of any of its functions as employer, other than a function

This amendment updates language. Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include power. These are the drafting terms that are now used in relation to functions and powers.

is guilty of

commits

This amendment brings language into line with current drafting practice.

perform

exercise

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘relevant person, for division 5.1 (Conduct of persons associated with the authority—see section 30.’ means that the term ‘relevant person’ is defined in that section and the definition applies to that division.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

This amendment adds standard dictionary and notes provisions. A new dictionary is inserted by another amendment.

(g) to exercise any other function given to it under this Act or another Territory law; and

(h) to carry out activities incidental to its other functions.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).

This amendment brings the paragraphs into line with current drafting practice and adds a standard note about necessary and convenient powers related to a function. This amendment is consequential on the omission of section 6 by another amendment.

This section is no longer necessary because of the Legislation Act 2001, section 196 (1). That subsection provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function.

performs

exercises

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

(1) The board consists of the directors.

(2) The directors of the authority are—

(a) the appointed directors; and

(b) the chief executive.

(3) However, the board consists of only the appointed directors when it is considering or deciding—

(a) the appointment, or the ending of the appointment, of the chief executive; or

(b) the chief executive’s conditions of appointment.

This amendment brings the section into line with current drafting practice and omits section 10 (4) which is no longer necessary because of the Legislation Act 2001, section 199 (4). That subsection provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership.

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).

This amendment adds a standard note about appointments.

(3) An appointment must not be for a term longer than 3 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).

This amendment brings the subsection into line with current drafting practice and adds a standard note about reappointment.

discharge of his or her functions

exercise of a function

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

This amendment brings the section’s heading into line with current drafting practice.

terminate

end

End is the drafting term that is now used in relation to appointments.

(i) punishable by imprisonment for 1 year or more; or

This amendment brings the language of the subparagraph into line with current drafting practice.

Note An appointed director’s appointment also ends if the director resigns (see Legislation Act 2001, s 210).

This amendment adds a standard note about resignation from an appointment.

(2) The Minister may end the appointment of an appointed director if the board tells the Minister in writing that it has resolved, by a majority of at least ²/3 of the directors, to recommend to the Minister that the director’s appointment be ended.

This amendment updates language by changing the references to the termination of an appointment to the ending of an appointment. End is the drafting term that is now used in relation to appointments.

pecuniary

financial

This amendment updates language.

(1) The chairperson or, if the chairperson cannot do so, the deputy chairperson—

(a) may at any time call a meeting of the board; and

(b) must call a meeting of the board if asked by the Minister or, in writing, by at least 2 directors.

(2) A person who calls a meeting of the board must give the other directors reasonable notice of the time and place of the meeting.

This amendment updates language and simplifies the section in accordance with current drafting practice.

This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.

(1) The authority must appoint a person as the chief executive of the authority.

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

(2) The chief executive’s conditions of appointment are the conditions agreed to between the authority and the chief executive.

(3) However, the authority may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the board.

(4) Despite any agreement under subsection (2), the authority may end the appointment of a chief executive without compensation if the chief executive contravenes section 20 (2) or division 5.1 (Conduct of persons associated with the authority).

Note The chief executive’s appointment also ends if the chief executive resigns (see Legislation Act 2001, s 210).

This amendment brings the section into line with current drafting practice and omits section 19 (2) which is no longer necessary because of the Legislation Act 2001, section 209 (1). That subsection provides that a power of appointment includes the power to make acting appointments during vacancies and when the person holding the position cannot exercise the functions of the position.

This amendment is consequential on the omission of the division headings of part 3 by other amendments.

performing

exercising

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.

on account

because

This amendment updates language.

This amendment relocates the section to a more appropriate place in the Act (the part that deals with transitional matters). The section will expire on 31 December 2003 when the transitional part expires but section 40 will preserve any ongoing operation of the section.

(1) The Minister may give written directions to the authority in relation to the exercise of its functions.

This amendment brings the subsection into line with current drafting practice by updating language. Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

(3) The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.

This amendment brings the subsection into line with current drafting practice by updating language. Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.

(3) The Minister must present a copy of each business plan given to the Minister under subsection (2) to the Legislative Assembly within 6 sitting days after the day the Minister receives it.

This amendment brings the subsection into line with current drafting practice by updating language. Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.

This amendment retitles the part in accordance with current drafting practice.

(1) This part, and the definition of commencement day in the dictionary, expire on 31 December 2003.

This amendment provides for the omission of a definition that will become spent on the omission of the transitional provisions.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• appoint

• chief executive

• contravene

• exercise

• function.

appointed director means a person appointed to be a director of the authority under section 11 (1).

authority means the ACTION Authority established under section 4 (1).

board means the board of management of the authority established under section 8.

chief executive means a person appointed as the chief executive under section 19.

commencement day means 1 January 2002.

director means a director of the authority.

relevant person, for division 5.1 (Conduct of persons associated with the authority)—see section 30.

This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment. The definitions have been updated, and a new signpost definition of relevant person added, in accordance with current drafting practice.

regulation

subregulation

This amendment corrects a reference to a provision name.

Section 17 (6) vests jurisdiction in the Supreme Court to hear appeals under the section. This provision is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.

Section 17 (7) seeks to remove the Supreme Court’s power to review a decision of the board under section 26 in relation to an application for registration by a person who has been removed from the register for disciplinary reasons. It conflicts with the Self-Government Act, section 48A which gives the Supreme Court all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.

The omission of section 17 (7) will apply the right under section 17 (2) to seek a statement of reasons to a decision made under section 26. However, this is no more than the right given by the Administrative Decisions (Judicial Review) Act 1989, section 13.

This amendment omits a provision that vests jurisdiction in the Supreme Court to hear appeals under the section. It is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.

(1) This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).

(2) The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.

Note For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.

(3) The fees and expenses are payable by—

(a) if the witness attended at the request of the chairperson or deputy chairperson or a public servant—the Territory; or

(b) in any other case—the person who requested the attendance of the witness.

This amendment does not make a substantive change in the entitlements of a witness. The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale. The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale. The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.

This Act is the Auditor-General Act 1996.

This amendment brings the naming provision of the Act into line with current drafting practice.

The definition of Territory owned corporation is unnecessary because the term is defined in the Legislation Act 2001, dictionary, part 1. The definition of subsidiary is included as a signpost definition in a new dictionary inserted made by another amendment.

This amendment relocates the remaining definitions to a new dictionary inserted by another amendment.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1).’ means that the term ‘subsidiary’ is defined in that subsection and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

A word or expression defined in the Financial Management Act has the same meaning in this Act.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

This amendment adds standard dictionary and notes provisions in accordance with current drafting practice and adds the substance of section 3 (2) as new section 3. A new dictionary is inserted by another amendment.

conferred on

given to

Given is the drafting term that is now used in relation to functions.

(3) In this section:

ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:

(a) the precautionary principle;

(b) the inter-generational equity principle;

(c) conservation of biological diversity and ecological integrity;

(d) improved valuation and pricing of environmental resources.

the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

This amendment breaks a definition up into several definitions in line with current drafting practice.

(7) In this section:

Speaker, for a report given to the Deputy Speaker or clerk under section 4 (Reports to be given to Speaker), means the Deputy Speaker or clerk, as the case requires.

This amendment recasts the definition to bring the form of the definition into line with current drafting practice.

Unless the contrary intention appears, the provisions of the

The

This amendment omits words that are no longer necessary because of the Legislation Act 2001, section 155 (see also s 130, especially example 4).

The auditor-general may delegate the auditor-general’s functions under this Act to—

(a) a member of the staff assisting the auditor-general; or

(b) a person engaged by the auditor-general under section 24 (Contractors).

Note For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the auditor-general’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

This amendment adds a standard note about appointments.

This amendment omits provisions giving the auditor-general an entitlement to remuneration etc under the Remuneration Tribunal Act 1995. This is specifically provided for in that Act, section 10 (1) (h).

Before the Executive appoints a person to act as auditor-general, the Minister must consult the presiding member of the public accounts committee about the proposed appointment.

This amendment recasts clause 6 (2) in accordance with current drafting practice and omits the following unnecessary provisions:

• clause 6 (1) because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes the power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;

• clause 6 (3) because the Legislation Act 2001, section 221 (1) provides that, if a person acts in a position because it is vacant, the person may not act in the position for more than 1 year after the position became vacant;

• clause 6 (4) because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• appointment

• Executive

• function

• Speaker

• Territory owned corporation.

subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1).

This amendment adds a new dictionary. The definition of subsidiary was previously located in section 3 (1).

performance

exercise

• section 9

• section 14 (1)

• section 15 (1)

• section 17 (1)

• section 24 (1)

• sections 32 and 33

• section 34 (1).

Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function. It is the drafting term that is now used in relation to functions.

These regulations commence on the day they are notified in the Gazette.

(commencement: 12 July 2001)

The commencement provision of these regulations provided that the regulations ‘commence on the commencement of the Building Amendment Act 2001’. That Act commenced on 1 July 2001 (that is, the day that Act was notified in the Gazette). However, the regulations were not notified in the Gazette until 12 July 2001.

The backdating of this amendment makes it clear that the regulations validly commenced on the day they were notified in the Gazette. This result is consistent with the provision now made by the Legislation Act 2001, section 73 (3) (which is about the commencement of laws).

development statement

management statement

This amendment brings the language of the paragraph into line with language used elsewhere in the Act (see especially section 7).

(1) In this section:

interested person means each of the following:

(a) the developer of the community title scheme;

(b) the body corporate;

(c) an owner or prospective owner of a lot of scheme land;

(d) the registrar-general;

(e) anyone else who has, in the Supreme Court’s opinion, a proper interest in the scheme.

(2) The Supreme Court may, on application by an interested person, order that a community title scheme be amended if satisfied that it is impossible or impracticable to finish the scheme as proposed in the master plan and management statement.

This amendment brings the location and form of the definition into line with current drafting practice.

(2) In this section:

interested person means each of the following:

This amendment brings the form of the definition into line with current drafting practice.

This amendment brings the division heading into line with current drafting practice.

This amendment brings the section heading into line with current drafting practice.

and duties

Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment adds standard notes about appointments and delegations.

Note For how documents may be served, see Legislation Act 2001, pt 19.5.

This amendment adds a standard note about service of documents.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment adds a standard note about delegations.

Note For other provisions about forms, see Legislation Act 2001, s 255.

This amendment adds a standard note about approved forms.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• administrative appeals tribunal

• function

• Supreme Court

• Territory owned corporation

• the Territory.

This amendment adds standard dictionary notes.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘member, of a deceased person’s family—see section 3.’ means that the term ‘member’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

This amendment adds standard dictionary and notes provisions. A new dictionary is inserted by another amendment.

(d) a person who, immediately before the death, was acting in place of a parent of the deceased person;

This amendment updates language.

(h) a person who, although not legally married to the deceased person, was immediately before the death of the deceased person living with the deceased person as wife or husband on a genuine domestic basis.

This amendment updates language.

notwithstanding the death of the person injured and irrespective of whether

despite the death of the person injured and whether or not

This amendment updates language.

prior to

before

This amendment updates language.

in lieu of

instead of

This amendment updates language.

(2) A person other than the personal representative of the deceased person may bring an action under this Act only if the action is for the benefit of the members of the deceased person’s family who sustained damage because of the deceased person’s death.

(3) This Act applies to the action, with any necessary changes, as if it were an action by the deceased person’s personal representative.

This amendment modernises the language of the provision and recasts it in accordance with current drafting practice.

motion

initiative

This amendment updates language.

barrister or solicitor, or both

lawyer

This amendment updates language. Lawyer is defined in the Legislation Act 2001, dictionary, part 1 to mean any kind of legal practitioner.

, and not in derogation of,

, and do not limit,

This amendment updates language.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• public trustee

• State

• the Territory.

child, of a deceased person, includes a grandchild and a stepchild of the deceased person.

member, of a deceased person’s family—see section 3.

parent, of a deceased person, includes a stepfather, a stepmother, a grandfather and a grandmother of the deceased person.

personal representative, of a deceased person, means the person to whom any grant of probate of the will or administration of the estate of the deceased person has been made in the Territory or a State, and includes an executor by representation or the public trustee.

This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment. A new signpost definition of member is inserted in accordance with current drafting practice and the definitions of child and parent have been updated.

is discharge

is a discharge

This amendment improves sentence structure.

a purchaser in good faith

an honest purchaser

This amendment updates language.

shall be deemed

is taken

This amendment updates language.

affixed

attached

This amendment updates language.

mode

method

This amendment updates language.

thereof

of the corporation

This amendment updates archaic language.

modes

methods

This amendment updates language.

effectual

effective

This amendment updates language.

made requisite to

required for

This amendment updates language.

shall be deemed

is

This amendment updates language.

shall not, in favour of a purchaser, be deemed to be requisite

is not, in favour of a purchaser, taken to be a requirement

This amendment updates language.

thereto by convey

to the partition by conveying

This amendment updates archaic language.

In this division:

action, for the partition of property—see section 66G (4) (Power of Supreme Court to order sale instead of partition).

interested person, in relation to property, means a person with an interest in the property.

This amendment adds a signpost definition of action to the section and consequentially brings the section’s heading into line with current drafting practice.

In a conveyance

(1) In a conveyance

This amendment creates a subsection consequent on the insertion of a new subsection by another amendment.

whereto

to which

This amendment updates archaic language.

of them, shall be reasonably required;

(in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage).

of them, is reasonably required.

This amendment updates language and omits the bracketed text consequent on the insertion of new section 78A (2) by another amendment.

(2) In this section:

purchase for value does not include a conveyance in consideration of marriage.

This amendment recasts the qualification to section 78A as a new subsection in line with existing section 78B (2).

effectual

effective

This amendment updates language.

in nowise become

is not

This amendment updates archaic language.

notwithstanding anything this as aforesaid

despite this

This amendment updates archaic language.

This amendment is consequential on the insertion of a new heading by another amendment.

AND also that,

This amendment adds a new heading to improve the structure of the section.

thereon

on the money

This amendment updates archaic language.

thenceforth

from then on

This amendment updates archaic language.

thereof

of it

This amendment updates archaic language.

whereto

to which

This amendment updates archaic language.

effectual

effective

This amendment updates language.

in nowise become

is not

This amendment updates archaic language.

title thereunder

the title under the conveyance

This amendment updates archaic language.

whereby or by means whereof

under or by means of which

This amendment updates archaic language.

thereof

of it

This amendment updates archaic language.

shall be deemed

is taken

This amendment updates language.

such

the

This amendment updates language.

such caveats as he or she deems

the caveats the registrar-general considers

This amendment updates language.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• corporation

• instrument

• person

• provision

• registrar-general.

This amendment adds standard dictionary notes.

action, for the partition of property, for division 4.6 (Partition)—see section 66G (4) (Power of Supreme Court to order sale instead of partition).

This amendment adds a signpost definition in accordance with current drafting practice.

a bona fide

a genuine

This amendment updates language.

(2) If payment and settlement are made in accordance with the Supreme Court’s declaration, the court may declare that the sale is valid.

(3) On the making of the declaration under subsection (2), the legal estate vests as if the power had been properly executed.

This amendment updates archaic language.

This amendment updates language.

or by virtue of

This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).

shall be deemed

are taken

This amendment updates language.

and by virtue of

This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).

said

This amendment omits an unnecessary word.

shall be deemed

is taken

This amendment updates language.

howsoever

This amendment omits an unnecessary and archaic word.

This amendment omits a reference to ‘persons under disability’ and revises the heading to refer to children in accordance with current drafting practice.

This amendment updates the language of the heading.

effectual

effective

This amendment updates language.

him or her in lieu of all costs, charges, and expenses whatsoever, such

the receiver, instead of costs, charges, and expenses,

This amendment updates and simplifies language.

shall be deemed and taken

are taken

This amendment updates language.

therein

in the mortgaged premises

This amendment updates archaic language.

unto such

to the

This amendment updates archaic language.

or such part thereof

or a part of it

This amendment updates archaic language.

bona fide

genuine

This amendment updates language.

be deemed

is taken

This amendment updates language.

, in writing,

This amendment omits unnecessary words. The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Each police officer and sheriff’s officer is a security officer (see the dict, def of security officer).

This amendment adds notes 1 and 2 which are standard notes about appointments.

, in writing, revoke

end

This amendment omits unnecessary words. The Legislation Act 2001, section 208 (2) provides that the power to end an appointment is exercisable in the same way as the power to make the appointment.

Note A security officer’s appointment also ends if the officer resigns (see Legislation Act 2001, s 210).

This amendment adds a standard note about resignation from an appointment.

The chief executive may delegate the chief executive’s functions under this Act to a public servant.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the chief executive’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• chief executive

• contravene

• Executive

• function

• power

• public servant.

This amendment adds standard dictionary notes.

(4) In this Act (other than subsection (1)):

opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.

same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.

This amendment remakes the definitions in accordance with current drafting practice to reflect the actual terms used in the Act.

The chief police officer may delegate the chief police officer’s functions under this Act to a police officer of the rank of sergeant or above.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment updates the delegation provision by omitting the words ‘in writing’. The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing. This amendment also adds a standard note about delegations.

• function

This amendment is consequent on the omission of the definition of function by another amendment.

This amendment omits an unnecessary definition. Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.

This amendment is consequential on the amendment of section 17 (4) by another amendment.

opposite sex, for a transgender person—see section 17 (4).

same sex, for a transgender person—see section 17 (4).

This amendment adds signpost definitions into the dictionary in accordance with current drafting practice consequentially on the amendment of section 17 (4) by another amendment.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

This amendment adds a standard provision about the legal status of notes.

(3) In this section:

proceedings, against the Crown, includes proceedings to attach earnings or other debts due or accruing from the Territory Crown to someone else.

This amendment recasts the definition in accordance with current drafting practice.

(4) In this section:

Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.

Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.

This amendment recasts the definitions in accordance with current drafting practice.

(1) Any process or document relating to proceedings must be served on the Territory Crown by serving the process or document on the chief solicitor.

(2) However—

(a) if this Act makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and

(b) if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Crown in relation to the proceedings—the process or document must be served on that lawyer.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).

This amendment brings the form of the section into line with current drafting practice.

(b) regulations made under that Act; or

Note On the republication date, the following regulations were in force:

• the Occupational Health and Safety Regulations 1991;

• the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000;

• the Occupational Health and Safety (Manual Handling) Regulations 1997.

This amendment omits a reference to the Occupational Health and Safety Regulations 1991 and applies the paragraph to all the regulations made under the Occupational Health and Safety Act 1989. This amendment reflects the fact that the regulations under the Occupational Health and Safety Act 1989 are no longer contained in a single set of regulations.

(1) The chief executive must appoint a public servant as the Chief Inspector of Dangerous Goods.

(2) The chief inspector is also an inspector.

Note 1 For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

The chief executive must appoint a public servant as an inspector for this Act.

The chief executive may appoint a public servant as an analyst for this Act.

The chief inspector may delegate the chief inspector’s functions under this Act to an inspector or another public servant.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.

This amendment removes the requirement that the chief executive must create and maintain offices for inspectors etc in the public service. The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time. Standard notes about appointments are also inserted.

This amendment also updates the delegation provision, as follows:

• the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;

• the words ‘all or any’ (of the chief inspector’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.

This amendment also adds a standard note about delegations.

Note The definition of in premises includes on the premises (see the dict).

This amendment is consequential on the omission of ‘or on’ from the section and the insertion into the dictionary of a new definition of in by other amendments.

is not guilty of

does not commit

This amendment updates language.

conveyed

transported

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

Note The definition of in a vehicle includes on the vehicle (see the dict).

This amendment updates language consequential on the new definition of transport made by another amendment, brings the division heading into line with current drafting practice and adds a note consequential on the new definition of in made by another amendment.

This amendment is consequential on the revised definition of vehicle and brings the section heading into line with current drafting practice.

vehicle or vessel in or on

vehicle in

This amendment is consequential on the revised definition of vehicle and the new definition of in made by other amendments.

or vessel

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

A person must not carry dangerous goods prescribed under the regulations for this section in a container that is in, or forms part of, a vehicle unless the person is authorised under section 10 (3) to carry the dangerous goods in the container.

Maximum penalty: 50 penalty units.

(1) A person transporting dangerous goods must take the precautions necessary to prevent access to the goods by people who are not entitled to have lawful access to them.

Maximum penalty: 50 penalty units.

(2) A person must not transport dangerous goods unless any container or vehicle in which the goods are transported is constructed and maintained, and the goods enclosed, so as to prevent the escape of any part of the goods during the ordinary course of their transport.

Maximum penalty: 100 penalty units.

(3) Subsection (2) is subject to any regulation about the venting of dangerous goods.

(4) This section does not affect the power to make regulations about the transport of dangerous goods.

This amendment brings the sections into line with current drafting practice and revises them consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments. The heading to section 11 is also brought into line with the scope of the section by referring to ‘carriage’ rather than ‘transport’.

convey

transport

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

inexplosive

non-explosive

This amendment updates language.

Note Sell has an expanded meaning that includes offer for sale, expose for sale and supply (see the dict).

The note explains the extended meaning of ‘sell’ in relation to the offence of unlicensed sale.

(3) A licence is subject to—

(a) any condition prescribed under the regulations that applies to the licence; and

(b) any condition that is stated in the licence by the chief inspector.

This amendment brings the subsection into line with current drafting practice. In particular, it omits references to classes because a statutory instrument may apply to different matters or classes of matters (see the Legislation Act 2001, section 48). Unnecessary references to ‘term’ are also omitted.

shall be deemed not to be

is not

This amendment updates language.

The definition of in a vehicle or premises includes on the vehicle or premises (see the dict).

This amendment is consequential on the new definition of in inserted by another amendment.

premises, vehicle or vessel, or examine any container, fixture or fitting in or on

premises or vehicle, or examine any container, fixture or fitting, in

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

or cause any container to be opened

This amendment omits unnecessary words.

, vehicle or vessel in or on which the substance or article is being kept or conveyed

or vehicle in which the substance or article is being kept or transported

This amendment updates language and is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

(e) give directions in relation to the detention of any substance, article, container or vehicle that has been detained under paragraph (c);

(f) give to the occupier or licensee of licensed premises directions (including written directions) in relation to the premises or the keeping of dangerous goods in the premises;

This amendment updates language consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments. This amendment also simplifies the paragraphs and brings them into line with current drafting practice.

the observance of

compliance with

This amendment updates language.

premises, vehicle or vessel

premises or vehicle

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

containers, vehicles or vessels

containers or vehicles

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

due

payable

This amendment updates language.

(7) An inspector who enters premises or a vehicle under this section is not authorised to remain in the premises or vehicle, and a person is not required to comply with any requirement made by the inspector under this section, if the inspector does not produce his or her identity card for inspection when asked to do so by the occupier or person in charge of the premises or vehicle.

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

deemed

taken

This amendment updates archaic language.

or the regulations

This amendment omits unnecessary words. A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see the Legislation Act 2001, section 104).

referred to in section 49 (4) (e) (i)

mentioned in section 50 (1) (b)

This amendment is consequential on another amendment.

within

in

This amendment updates archaic language.

such persons, being inspectors or police officers, as are named

the inspectors or police officers named

This amendment omits unnecessary text.

vehicle, vessel, fixtures or fittings therein and to search any persons therein

vehicle, fixture, fittings or people in the house

This amendment is consequential on the revised definition of vehicle and updates the language of the subsection.

(2) If a police officer suspects, on reasonable grounds, that an explosive is being carried in a vehicle in contravention of this Act, the officer may stop and search the vehicle.

This amendment revises the section consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.

Note For other provisions about forms, see Legislation Act 2001, s 255.

This amendment adds a standard note about approved forms.

This amendment omits an unnecessary section. It is similar to the Legislation Act 2001, section 58 which provides that regulations may make provision about the payment of fees.

for or with respect to

in relation to

This amendment substitutes the drafting term currently used for regulation-making powers.

conveying

transport

This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.

vessels,

This amendment is consequential on the revised definition of vehicle made by another amendment.

or prohibiting

This amendment omits unnecessary words. The Legislation Act 2001, section 53 provides that power to regulate a matter includes power to prohibit the matter.

(g) regulating smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, activities near dangerous goods and in or near premises, vehicles, containers or pipelines used or that have been used in relation to dangerous goods; and

This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments. It also updates the language of the paragraph and omits a reference to prohibiting consequent on the Legislation Act 2001, section 53. That section provides that power to regulate a matter includes power to prohibit the matter.

premises licensed under this Act, in a vehicle, vessel or container used for the conveyance

licensed premises, in a vehicle or container used for the transport

This amendment is consequential on the revised definition of vehicle and updates a reference to the conveyance of dangerous goods consequential on the insertion into the dictionary of a new definition of transport by another amendment.

vessel,

This amendment is consequential on the revised definition of vehicle made by another amendment.

therewith

those matters

This amendment updates archaic language.

(m) the driving of vehicles, and the navigation and mooring of vessels, transporting dangerous goods; and

This amendment is consequential on the revised definition of vehicle inserted by another amendment.

(4) A regulation may—

(a) exempt a person from the regulations; and

(b) give a prescribed person power to give an exemption from the regulations.

(5) Dangerous goods or explosives may be prescribed by reference to—

(a) a class of substances, articles, dangerous goods or explosives; or

(b) the circumstances in which, or other than in which, substances, articles, dangerous goods or explosives are or are not dangerous goods or explosives; or

(c) a quantity; or

(d) a flashpoint.

(6) Subsection (5) does not limit how dangerous goods or explosives may be prescribed.

(1) The regulations may apply, adopt or incorporate an instrument (including standards, rules, codes or specifications), or a provision of an instrument, as in force from time to time—

(a) that is approved in writing by the Minister; or

(b) that has been recommended or adopted by—

(i) the American Petroleum Institute; or

(ii) the British Standards Institution; or

(iii) the Institute of Petroleum; or

(iv) Standards Australia.

Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act 2001.

(2) If an instrument (or a provision of an instrument) adopted under subsection (1) refers to a temperature reading under the Fahrenheit scale, the reading must, unless the contrary intention appears, be applied as a reading under the Celsius scale that is—

(a) its equivalent; or

(b) if the equivalent is not a whole number—the next highest whole number.

(3) An approval under subsection (1) (a) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

This amendment updates the structure and language (including the reference to Standards Australia) of these provisions in accordance with current drafting practice and to reflect the operation of the Legislation Act 2001, section 47 and section 52 (which give a wide power about how regulations may make provision about a matter).

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• chief executive

• corporation

• function

• person

• public servant.

This amendment adds standard dictionary notes.

This amendment is consequential on the insertion of a new definition of transport by another amendment.

This amendment is consequential on the omission of section 48 by another amendment.

This amendment omits a note that is out of date and unnecessary.

in a vehicle or premises includes on the vehicle or premises.

This new definition allows for the simplification of the language of the Act.

premises means all or part of any land, structure (including a portable structure), building or enclosed place.

This amendment updates the language of the definition and recasts it in accordance with current drafting practice.

transport dangerous goods includes carry, load, unload, transfer, transmit, pump or discharge the goods.

This amendment is consequent on the updating of the language of the Act from convey to transport.

vehicle includes a railway vehicle and a vessel used in navigation.

This amendment enables the language of the Act to be simplified.

in or on

in

• section 8

• section 9 (1)

• section 19

• section 26 (3) (a).

This amendment enables the language of the Act to be simplified and is consequential on the new definition of in made by another amendment.

(b) who has committed an offence against—

(i) the Act; or

(ii) the road transport legislation within the meaning of the Road Transport (General) Act 1999, section 6 (What is the road transport legislation?); or

This amendment simplifies the reference to the road transport legislation.

Note 1 A fee may be determined under the Act, s 46 (Determination of fees) for this regulation.

Note 2 If a form is approved under the Act, s 45 (Approved forms) for this regulation, the form must be used.

This amendment adds standard notes about fees and approved forms.

for

from

This amendment corrects minor typographical errors.

the State

the ACT

This amendment is consequential on the regulations becoming an ACT law.

Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

• ACT

• fail

• person.

This amendment adds standard dictionary notes.

an admixture

a mixture

This amendment updates language.

convey means transport.

Note Transport dangerous goods includes, carry, load, unload, transfer, transmit, pump or discharge the goods, see the Act, dict, def of transport.

This amendment adds a definition of convey consequential on the amendment of the Dangerous Goods Act 1984 by this schedule to update the language of the Act by changing ‘convey’ to ‘transport’.

depot—

(a) means a building, structure, room, compartment, tank, store, area or receptacle where dangerous goods are kept (other than a process building); and

(b) for cryogenic liquid—includes all pressure regulators, safety devices, vaporisers, manifolds, pipelines and other equipment provided in relation to the depot (other than equipment for the conveyance or other handling of cryogenic liquid kept in the depot beyond the point where it enters a pipeline at service pressure); and

(c) for division 5.3 (Keeping of dangerous goods of class 2)—see regulation 110.

This amendment adds to the definition the signpost reference in new paragraph (c) in accordance with current drafting practice.

thereof

of them

This amendment updates language.

premises—see the Act, dictionary.

safety cartridge—see the Act, dictionary.

This amendment adds signpost definitions for important terms used in the regulations.

in admixture

mixed

This amendment updates language.

an admixture

a mixture

This amendment updates language.