2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Statute Law Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Purpose 2 4 Notes 2 5 Legislation amended--schs 1 and 3 2 Schedule 1 Minor amendments 3 Part 1.1 Aboriginal and Torres Strait Islander Elected Body Act 2008 3 Part 1.2 Building Act 2004 4 Part 1.3 Children and Young People Act 2008 5 Part 1.4 Commissioner for the Environment Act 1993 6 J2009-728 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.5 Duties Act 1999 7 Part 1.6 Education Act 2004 7 Part 1.7 Financial Management Act 1996 11 Part 1.8 Road Transport (Third-Party Insurance) Act 2008 11 Schedule 2 Legislation Act 2001 16 Schedule 3 Technical amendments 17 Part 3.1 ACT Civil and Administrative Tribunal Act 2008 17 Part 3.2 Construction Occupations (Licensing) Regulation 2004 17 Part 3.3 Crimes (Assumed Identities) Act 2009 18 Part 3.4 Education Act 2004 18 Part 3.5 Environment Protection Act 1997 19 Part 3.6 Exhibition Park Corporation Act 1976 19 Part 3.7 Health Records (Privacy and Access) Act 1997 20 Part 3.8 Housing Assistance Act 2007 20 Part 3.9 Land Titles Act 1925 21 Part 3.10 Public Health Act 1997 21 Part 3.11 Road Transport (Alcohol and Drugs) Act 1977 22 Part 3.12 Road Transport (Driver Licensing) Act 1999 24 Part 3.13 Road Transport (Driver Licensing) Regulation 2000 26 Part 3.14 Road Transport (General) Act 1999 30 Part 3.15 Road Transport (General) Regulation 2000 35 Part 3.16 Road Transport (Mass, Dimensions and Loading) Act 2009 42 Part 3.17 Road Transport (Offences) Regulation 2005 45 Part 3.18 Road Transport (Public Passenger Services) Act 2001 46 contents 2 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 3.19 Road Transport (Public Passenger Services) Regulation 2002 49 Part 3.20 Road Transport (Safety and Traffic Management) Act 1999 52 Part 3.21 Road Transport (Safety and Traffic Management) Regulation 2000 54 Part 3.22 Road Transport (Third-Party Insurance) Act 2008 56 Part 3.23 Road Transport (Third-Party Insurance) Regulation 2008 59 Part 3.24 Road Transport (Vehicle Registration) Act 1999 60 Part 3.25 Road Transport (Vehicle Registration) Regulation 2000 62 Part 3.26 Unlawful Gambling Act 2009 65 Statute Law Amendment Bill 2010 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Statute Law Amendment Bill 2010 A Bill for An Act to amend legislation for the purpose of statute law revision The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-728 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Statute Law Amendment Act 2010. 3 2 Commencement 4 This Act commences on the 21st day after its notification day. 5 Note The naming and commencement provisions automatically commence on 6 the notification day (see Legislation Act, s 75 (1)). 7 3 Purpose 8 The purpose of this Act is to improve the quality of the statute law 9 of the Territory by amending legislation for the purpose of statute 10 law revision. 11 4 Notes 12 A note included in this Act is explanatory and is not part of this Act. 13 Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of 14 notes. 15 5 Legislation amended--schs 1 and 3 16 This Act amends the legislation mentioned in schedules 1 and 3. page 2 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Aboriginal and Torres Strait Islander Elected Body Act 2008 Part 1.1 Amendment [1.1] 1 Schedule 1 Minor amendments 2 (see s 5) 3 Part 1.1 Aboriginal and Torres Strait 4 Islander Elected Body Act 2008 5 [1.1] Section 19 (c) 6 substitute 7 (c) if the member becomes bankrupt or personally insolvent; 8 Note Bankrupt or personally insolvent--see the Legislation Act, 9 dictionary, pt 1. 10 Explanatory note 11 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 12 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 13 covers the range of circumstances in which an individual may be considered bankrupt or 14 insolvent. 15 [1.2] Dictionary, note 2 16 insert 17 · bankrupt or personally insolvent 18 Explanatory note 19 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 20 a consequence of the insertion of the new term in section 19 by another amendment. Statute Law Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Building Act 2004 Amendment [1.3] 1 Part 1.2 Building Act 2004 2 [1.3] Section 90 (4), new definition of insolvent 3 insert 4 insolvent--a builder is taken to be insolvent if-- 5 (a) for a builder who is an individual--the builder is bankrupt or 6 personally insolvent; or 7 (b) for a builder who is a corporation--the builder is being wound 8 up, has had a receiver or other controller appointed, has entered 9 into a deed of company arrangement with its creditors or is 10 otherwise under external administration under the 11 Corporations Act, chapter 5. 12 Note Bankrupt or personally insolvent--see the Legislation Act, 13 dictionary, pt 1. 14 Explanatory note 15 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 16 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 17 covers the range of circumstances in which an individual may be considered bankrupt or 18 insolvent. The amendment also clarifies the meaning of insolvent in relation to builders that are 19 corporations. 20 [1.4] Section 93 (4) and (5) 21 substitute 22 (4) In this section: 23 deposit, in relation to residential building work, means an amount 24 that was paid or payable by the owner to the builder, under the 25 contract to carry out the work, before the beginning of the work. 26 insolvent--see section 90 (4). 27 Explanatory note 28 This amendment is consequential on the inclusion of a definition of insolvent by another 29 amendment. page 4 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and Young People Act 2008 Part 1.3 Amendment [1.5] 1 [1.5] Dictionary, note 2 2 insert 3 · bankrupt or personally insolvent 4 Explanatory note 5 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 6 a consequence of the insertion of the new term in section 90 by another amendment. 7 Part 1.3 Children and Young People 8 Act 2008 9 [1.6] Section 70 (3) (b) and (c) 10 substitute 11 (b) the entity becomes bankrupt or personally insolvent; and 12 (c) the entity does not tell the chief executive about becoming 13 bankrupt or personally insolvent as soon as practicable, but not 14 later than 7 days after becoming bankrupt or personally 15 insolvent. 16 Explanatory note 17 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 18 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 19 covers the range of circumstances in which an individual may be considered bankrupt or 20 insolvent. 21 [1.7] Section 70 (3), new note 22 after the penalty, insert 23 Note Bankrupt or personally insolvent--see the Legislation Act, dictionary, 24 pt 1. 25 Explanatory note 26 This amendment is consequential on the inclusion of the term `bankrupt or personally insolvent' 27 in section 70 (3) by another amendment. Statute Law Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Commissioner for the Environment Act 1993 Amendment [1.8] 1 [1.8] Dictionary, note 2 2 insert 3 · bankrupt or personally insolvent 4 Explanatory note 5 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 6 a consequence of the insertion of the new term in section 70 by another amendment. 7 Part 1.4 Commissioner for the 8 Environment Act 1993 9 [1.9] Section 9 (6) 10 substitute 11 (6) The Executive must end the commissioner's appointment if the 12 commissioner becomes bankrupt or personally insolvent. 13 Note Bankrupt or personally insolvent--see the Legislation Act, dictionary, 14 pt 1. 15 Explanatory note 16 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 17 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 18 covers the range of circumstances in which an individual may be considered bankrupt or 19 insolvent. 20 [1.10] Dictionary, note 2 21 insert 22 · bankrupt or personally insolvent 23 Explanatory note 24 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 25 a consequence of the insertion of the new term in section 9 by another amendment. page 6 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Duties Act 1999 Part 1.5 Amendment [1.11] 1 Part 1.5 Duties Act 1999 2 [1.11] Dictionary, note 2 3 insert 4 · bankrupt or personally insolvent 5 Explanatory note 6 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 7 a consequence of the insertion of the new term in the dictionary by another amendment. 8 [1.12] Dictionary, definition of bankrupt 9 substitute 10 bankrupt means bankrupt or personally insolvent. 11 Explanatory note 12 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 13 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 14 covers the range of circumstances in which an individual may be considered bankrupt or 15 insolvent. 16 Part 1.6 Education Act 2004 17 [1.13] New section 10 (4A) 18 insert 19 (4A) If the child's registration for home education is cancelled under 20 section 135 (Cancellation of registration for home education), the 21 parents must enrol the child at an education provider for the purpose 22 of the provider's education course not later than 14 days after the 23 day the cancellation takes effect. 24 Note See s 135 (6) for when the cancellation of registration for home 25 education takes effect. Statute Law Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.6 Education Act 2004 Amendment [1.14] 1 Explanatory note 2 This amendment corrects an oversight in section 10 by providing that if a child's registration for 3 home education is cancelled under the Act, the parents must enrol the child in an education 4 provider's course within 14 days after the cancellation takes effect. 5 [1.14] New section 67 (4) 6 insert 7 (4) To remove any doubt, a person may be both an authorised person 8 (government) and an authorised person (non-government). 9 Explanatory note 10 This amendment clarifies that a person may hold an appointment as an authorised person 11 (government) and an authorised person (non-government) at the same time. 12 [1.15] Section 83 (7) 13 substitute 14 (7) The chief executive must make a copy of the application for 15 in-principle approval available for inspection free of charge to the 16 public during ordinary business hours at the office of an 17 administrative unit administered by the chief executive. 18 Explanatory note 19 This amendment provides that, for practical purposes, a copy of an application for in-principle 20 approval under section 83 for the proposed registration of a school must be made available at an 21 office of the Department of Education and Training and not specifically at the chief executive's 22 office, as currently required. page 8 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Education Act 2004 Part 1.6 Amendment [1.16] 1 [1.16] Section 85 (5) 2 substitute 3 (5) The chief executive must make a copy of the application for 4 provisional registration available for inspection free of charge to the 5 public during ordinary business hours at the office of an 6 administrative unit administered by the chief executive. 7 Explanatory note 8 This amendment provides that, for practical purposes, a copy of an application for provisional 9 registration of a school must be made available at an office of the Department of Education and 10 Training and not specifically at the chief executive's office, as currently required. 11 [1.17] Section 87 (4) 12 substitute 13 (4) The chief executive must make a copy of the application for 14 registration available for inspection free of charge to the public 15 during ordinary business hours at the office of an administrative unit 16 administered by the chief executive. 17 Explanatory note 18 This amendment provides that, for practical purposes, a copy of an application for registration 19 of a school at the educational levels for which the school is provisionally registered must be 20 made available at an office of the Department of Education and Training and not specifically at 21 the chief executive's office, as currently required. 22 [1.18] Section 88A (5) 23 substitute 24 (5) The chief executive must make a copy of the application for 25 registration available for inspection free of charge to the public 26 during ordinary business hours at the office of an administrative unit 27 administered by the chief executive. 28 Explanatory note 29 This amendment provides that, for practical purposes, a copy of an application for registration 30 of a school at an additional campus must be made available at an office of the Department of Statute Law Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.6 Education Act 2004 Amendment [1.19] 1 Education and Training and not specifically at the chief executive's office, as currently 2 required. 3 [1.19] Section 89 (5) 4 substitute 5 (5) The chief executive must make a copy of the application for 6 registration available for inspection free of charge to the public 7 during normal business hours at the office of an administrative unit 8 administered by the chief executive. 9 Explanatory note 10 This amendment provides that, for practical purposes, a copy of an application for registration 11 of a registered non-government school at an additional education level must be made available 12 at an office of the Department of Education and Training and not specifically at the chief 13 executive's office, as currently required. 14 [1.20] New section 119 (4) 15 insert 16 (4) To remove any doubt, a person may be both an authorised person 17 (government) and an authorised person (non-government). 18 Explanatory note 19 This amendment clarifies that a person may hold an appointment as an authorised person 20 (government) and an authorised person (non-government) at the same time. 21 [1.21] Dictionary, note 2 22 insert 23 · administrative unit 24 Explanatory note 25 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 26 a consequence of the use of the term in the Act and in provisions inserted by other amendments. page 10 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Financial Management Act 1996 Part 1.7 Amendment [1.22] 1 Part 1.7 Financial Management Act 1996 2 [1.22] Section 81 (2) (c) 3 substitute 4 (c) if the member becomes bankrupt or personally insolvent; or 5 Note Bankrupt or personally insolvent--see the Legislation Act, 6 dictionary, pt 1. 7 Explanatory note 8 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 9 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 10 covers the range of circumstances in which an individual may be considered bankrupt or 11 insolvent. 12 [1.23] Dictionary, note 2 13 insert 14 · bankrupt or personally insolvent 15 Explanatory note 16 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 17 a consequence of the insertion of the new term in section 81 by another amendment. 18 Part 1.8 Road Transport (Third-Party 19 Insurance) Act 2008 20 [1.24] Section 52 (c) 21 substitute 22 (c) if the member becomes bankrupt or personally insolvent; or 23 Note Bankrupt or personally insolvent--see the Legislation Act, 24 dictionary, pt 1. 25 Explanatory note 26 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 27 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition Statute Law Amendment Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.8 Road Transport (Third-Party Insurance) Act 2008 Amendment [1.25] 1 covers the range of circumstances in which an individual may be considered bankrupt or 2 insolvent. 3 [1.25] Section 60 (1), definition of uninsured motor vehicle, 4 paragraph (d) 5 substitute 6 (d) does not include-- 7 (i) a motor vehicle for which an unregistered vehicle permit 8 is in force; or 9 (ii) an unregistered, uninsured motor vehicle that is designed 10 to be driven for recreational purposes on an area that is 11 not a road or road-related area. 12 Example 13 a quad bike 14 Note An example is part of the Act, is not exhaustive and may 15 extend, but does not limit, the meaning of the provision in 16 which it appears (see Legislation Act, s 126 and s 132). 17 Explanatory note 18 This amendment amends the definition of uninsured motor vehicle to clarify that a motor 19 vehicle that is designed to be used in off-road areas, and that is not registered or insured, is not 20 an uninsured motor vehicle for the purposes of the Act and, therefore, the nominal defendant 21 will not be liable for personal injury resulting from any motor accident caused by the vehicle. 22 [1.26] Section 62 (1), definition of unidentified motor vehicle, 23 paragraph (c) 24 substitute 25 (c) includes anything else prescribed by regulation; but 26 (d) does not include a motor vehicle that is designed to be driven 27 for recreational purposes on an area that is not a road or 28 road-related area. 29 Example--par (d) 30 a quad bike page 12 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Third-Party Insurance) Act 2008 Part 1.8 Amendment [1.27] 1 Note An example is part of the Act, is not exhaustive and may extend, 2 but does not limit, the meaning of the provision in which it 3 appears (see Legislation Act, s 126 and s 132). 4 Explanatory note 5 This amendment amends the definition of unidentified motor vehicle to clarify that a motor 6 vehicle that is designed to be used in off-road areas, and that is not registered or insured, is not 7 an unidentified motor vehicle for the purposes of the Act and, therefore, the nominal defendant 8 will not be liable for personal injury resulting from any motor accident in which the vehicle is 9 involved. 10 [1.27] Section 72 11 substitute 12 72 Entitlement to early payment--injured person to give 13 forms to insurer within 28 days 14 (1) A person is entitled to payment for medical expenses under this 15 chapter in relation to a motor accident if-- 16 (a) the person is an injured person for the accident; and 17 (b) either-- 18 (i) a police officer attended the motor accident; or 19 (ii) the motor accident was reported to a police officer by or 20 for the injured person; and 21 (c) the following documents are given to the injured person's 22 insurer not later than 28 days after the motor accident: 23 (i) a motor accident notification form for the accident that 24 includes a declaration by or for the person that the motor 25 accident was not caused wholly or mainly by the fault of 26 the person; 27 (ii) a motor accident medical report for the accident; Statute Law Amendment Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.8 Road Transport (Third-Party Insurance) Act 2008 Amendment [1.27] 1 (iii) a police report about the findings of the police 2 investigation of the motor accident, including a statement 3 to the effect that the injured person was not the person at 4 fault in the accident. 5 (2) However, if the person has applied for a police report but has not 6 received it in time to comply with the time limit mentioned in 7 subsection (1) (c), it is sufficient for subsection (1) (c) if-- 8 (a) the motor accident notification form for the accident includes a 9 statement about the date when the accident was reported and-- 10 (i) if the accident was reported to a police officer--the name 11 and rank of the police officer to whom the accident was 12 reported; or 13 (ii) if the accident was reported at a data entry point--the 14 submission number for the report; and 15 Examples--data entry points 16 · a data entry kiosk located at a police station 17 · a website for reporting motor accidents 18 Note 1 A motor accident reporting website can be accessed 19 through the Canberra Connect website 20 (www.canberraconnect.act.gov.au) and through the website 21 for police services in the ACT (www.afp.gov.au/act.html). 22 Note 2 An example is part of the Act, is not exhaustive and may 23 extend, but does not limit, the meaning of the provision in 24 which it appears (see Legislation Act, s 126 and s 132). 25 (b) the police report is given to the insurer within 14 days after the 26 person receives it. 27 Explanatory note 28 This amendment revises section 72 to allow an injured person to receive early payment of 29 medical expenses up to the maximum amount allowed under the Act, section 74 (1) if the report 30 by a police officer about the injured person's motor accident is delayed and the injured person 31 is able to give the insurer information about the date when, and the police officer to whom, the 32 motor accident was reported or, if the accident was reported at a data entry point, the 33 submission number for the report. page 14 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Third-Party Insurance) Act 2008 Part 1.8 Amendment [1.28] 1 [1.28] Dictionary, note 2 2 insert 3 · bankrupt or personally insolvent 4 Explanatory note 5 This amendment inserts a new defined term in the list of terms defined in the Legislation Act as 6 a consequence of the insertion of the new term in section 52 by another amendment. Statute Law Amendment Bill 2010 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Schedule 2 Legislation Act 2001 2 Note Statute Law Amendment Acts may include a second schedule for 3 amendments of the Legislation Act. This Act does not provide for 4 such amendments but the schedule heading is retained to preserve 5 the usual numbering of schedule 3, which provides for minor and 6 technical amendments proposed by the parliamentary counsel. page 16 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 3.1 Amendment [3.1] 1 Schedule 3 Technical amendments 2 (see s 5) 3 Part 3.1 ACT Civil and Administrative 4 Tribunal Act 2008 5 [3.1] Section 95 (1) (a) 6 omit 7 applies 8 substitute 9 apply 10 Explanatory note 11 Section 95 deals with notifying the criteria that apply to the appointment of a presidential 12 member of the ACAT. This amendment corrects an incorrect use of `applies' with the plural 13 `criteria'. 14 Part 3.2 Construction Occupations 15 (Licensing) Regulation 2004 16 [3.2] Section 24 (2) (a) 17 substitute 18 (a) the individual becomes bankrupt or personally insolvent; and 19 Explanatory note 20 This amendment substitutes language in relation to bankruptcy with the term `bankrupt or 21 personally insolvent', which is defined in the Legislation Act, dictionary, part 1. The definition 22 covers the range of circumstances in which an individual may be considered bankrupt or 23 insolvent. Statute Law Amendment Bill 2010 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.3 Crimes (Assumed Identities) Act 2009 Amendment [3.3] 1 Part 3.3 Crimes (Assumed Identities) Act 2 2009 3 [3.3] Section 26 (4) 4 substitute 5 (4) An authorised civilian may use an assumed identity if the use is­­ 6 (a) in accordance with an authority or for a controlled operation; 7 and 8 (b) in accordance with any direction by the civilian's supervisor 9 under the authority. 10 Explanatory note 11 This amendment improves syntax. 12 Part 3.4 Education Act 2004 13 [3.4] Section 20 (3), example 14 omit 15 Hindmarsh Education Centre 16 substitute 17 Murrumbidgee Education and Training Centre 18 Explanatory note 19 This amendment substitutes the example of a school-related institution in subsection (3) 20 `Hindmarsh Education Centre' with `Murrumbidgee Education and Training Centre', because 21 the Hindmarsh Education Centre no longer exists. page 18 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Environment Protection Act 1997 Part 3.5 Amendment [3.5] 1 Part 3.5 Environment Protection Act 1997 2 [3.5] Section 94A 3 omit 4 planning and development authority 5 substitute 6 planning and land authority 7 Explanatory note 8 This amendment corrects an incorrect reference to the planning and development authority. 9 The planning and land authority is established under the Planning and Development Act 2007, 10 section 10. 11 Part 3.6 Exhibition Park Corporation 12 Act 1976 13 [3.6] Section 10 (1), new note 14 insert 15 Note The chief executive is the chief executive of the administrative unit 16 responsible for this section (see Legislation Act, dict, pt 1, def chief 17 executive). 18 Explanatory note 19 This amendment inserts a note after section 10 (1) to clarify that a reference in that subsection 20 to `the chief executive' is a reference to the chief executive of the administrative unit 21 responsible for section 10 and not the chief executive officer of the Exhibition Park 22 Corporation. Statute Law Amendment Bill 2010 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.7 Health Records (Privacy and Access) Act 1997 Amendment [3.7] 1 Part 3.7 Health Records (Privacy and 2 Access) Act 1997 3 [3.7] Section 32 (2) 4 omit 5 an excluded provision 6 substitute 7 section 274 (Cases in which appeal may be brought) 8 Explanatory note 9 This amendment revises section 32 (2) to refer specifically to the Magistrates Court Act 1930, 10 section 274, because section 274 is the only provision mentioned in the definition of excluded 11 provision in section 32 (3). 12 [3.8] Section 32 (3) 13 omit 14 Explanatory note 15 This amendment omits a definition of excluded provision that is made redundant as a 16 consequence of another amendment. 17 Part 3.8 Housing Assistance Act 2007 18 [3.9] Section 5 19 omit 20 Explanatory note 21 This amendment omits a provision about offences against the Act and the application of the 22 Criminal Code. The provision is unnecessary because there are no offences in the Act. page 20 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Land Titles Act 1925 Part 3.9 Amendment [3.10] 1 Part 3.9 Land Titles Act 1925 2 [3.10] Section 72D 3 omit 4 planning and development authority 5 substitute 6 planning and land authority 7 Explanatory note 8 This amendment corrects an incorrect reference to the planning and development authority. 9 The planning and land authority is established under the Planning and Development Act 2007, 10 section 10. 11 Part 3.10 Public Health Act 1997 12 [3.11] Section 134 (4) (a) 13 omit 14 planning and development authority 15 substitute 16 planning and land authority 17 Explanatory note 18 This amendment corrects an incorrect reference to the planning and development authority. 19 The planning and land authority is established under the Planning and Development Act 2007, 20 section 10. Statute Law Amendment Bill 2010 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.11 Road Transport (Alcohol and Drugs) Act 1977 Amendment [3.12] 1 Part 3.11 Road Transport (Alcohol and 2 Drugs) Act 1977 3 [3.12] Section 4B (5), definition of heavy motor vehicle, except 4 note 5 substitute 6 heavy motor vehicle means-- 7 (a) a motor vehicle that has a GVM over 15t; or 8 (b) a motor vehicle and combination that has a GCM over 15t. 9 Explanatory note 10 This amendment is consequential on the insertion of a new definition of combination in the 11 Road Transport (General) Act 1999, dictionary by another amendment. It is also consequential 12 on the insertion, by another amendment, of new note 3 in the Act, dictionary, which refers users 13 to the Road Transport (General) Act 1999, dictionary for the definitions of words and 14 expressions commonly used in road transport legislation. 15 [3.13] Dictionary, new notes 16 insert 17 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 18 this Act. For example, the following terms are defined in the Road 19 Transport (General) Act 1999, dictionary: 20 · another jurisdiction 21 · bicycle 22 · combination 23 · driver 24 · jurisdiction 25 · motor vehicle 26 · ride 27 · road transport authority (or authority) (see s 16) 28 · road transport legislation (see s 6). 29 Note 4 If a word or expression is defined in an Act (but not a regulation or 30 another publication) included in the road transport legislation, the page 22 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Alcohol and Drugs) Act 1977 Part 3.11 Amendment [3.14] 1 definition applies to each use of the word or expression in other road 2 transport legislation unless the contrary intention appears (see Road 3 Transport (General) Act 1999, s 8). 4 Explanatory note 5 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 6 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 7 Act and defined in the Road Transport (General) Act 1999, dictionary. 8 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 9 which is an interpretation provision that applies to all Acts included in the road transport 10 legislation. The effect of section 8 is that if a word or expression is defined in one of those 11 Acts, the definition applies to each use of the word or expression in other road transport 12 legislation unless the contrary intention appears. 13 [3.14] Dictionary 14 omit the definitions of 15 driver 16 jurisdiction 17 motor vehicle 18 road transport authority 19 road transport legislation 20 Explanatory note 21 This amendment omits commonly-used terms which are defined in the Road Transport 22 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 23 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 24 dictionary for the definitions of words and expressions commonly used in road transport 25 legislation. Statute Law Amendment Bill 2010 page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.12 Road Transport (Driver Licensing) Act 1999 Amendment [3.15] 1 Part 3.12 Road Transport (Driver 2 Licensing) Act 1999 3 [3.15] Dictionary, new notes 4 insert 5 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 6 this Act. For example, the following terms are defined in the Road 7 Transport (General) Act 1999, dictionary: 8 · another jurisdiction 9 · Australian Transport Council 10 · driver 11 · jurisdiction 12 · motor vehicle 13 · National Transport Commission 14 · ride 15 · road transport authority (or authority) (see s 16) 16 · road transport legislation (see s 6) 17 · trailer 18 · use (in relation to a vehicle). 19 Note 4 If a word or expression is defined in an Act (but not a regulation or 20 another publication) included in the road transport legislation, the 21 definition applies to each use of the word or expression in other road 22 transport legislation unless the contrary intention appears (see Road 23 Transport (General) Act 1999, s 8). 24 Explanatory note 25 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 26 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 27 Act and defined in the Road Transport (General) Act 1999, dictionary. 28 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 29 which is an interpretation provision that applies to all Acts included in the road transport 30 legislation. The effect of section 8 is that if a word or expression is defined in one of those 31 Acts, the definition applies to each use of the word or expression in other road transport 32 legislation unless the contrary intention appears. page 24 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Driver Licensing) Act 1999 Part 3.12 Amendment [3.16] 1 [3.16] Dictionary, definitions of another jurisdiction and 2 Australian Transport Council 3 omit 4 Explanatory note 5 This amendment omits commonly-used terms which are defined in the Road Transport 6 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 7 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 8 dictionary for the definitions of words and expressions commonly used in road transport 9 legislation. 10 [3.17] Dictionary, definition of authority 11 omit 12 Explanatory note 13 This amendment omits a redundant definition. It is consequential on the insertion, by another 14 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 15 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 16 road transport legislation. The definition of authority is redundant because the definition of 17 road transport authority in the Road Transport (General) Act 1999, dictionary refers to 18 authority as an alternative defined term. 19 [3.18] Dictionary 20 omit the definitions of 21 jurisdiction 22 motor vehicle 23 National Transport Commission 24 road transport authority 25 road transport legislation 26 trailer 27 use Statute Law Amendment Bill 2010 page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.13 Road Transport (Driver Licensing) Regulation 2000 Amendment [3.19] 1 Explanatory note 2 This amendment omits commonly-used terms which are defined in the Road Transport 3 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 4 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 5 dictionary for the definitions of words and expressions commonly used in road transport 6 legislation. 7 Part 3.13 Road Transport (Driver 8 Licensing) Regulation 2000 9 [3.19] Section 38 10 omit 11 of another jurisdiction 12 Explanatory note 13 This amendment omits a redundant reference to `of another jurisdiction'. Section 38 refers to `a 14 corresponding law of another jurisdiction'. Because the term `of another jurisdiction' forms 15 part of the definition of corresponding law, it is not necessary to mention the term in 16 section 38. 17 [3.20] Section 52 (2) 18 omit 19 of another jurisdiction 20 Explanatory note 21 This amendment omits a redundant reference to `of another jurisdiction'. Section 52 (2) refers 22 to `a corresponding law of another jurisdiction'. Because the term `of another jurisdiction' 23 forms part of the definition of corresponding law, it is not necessary to mention the term in 24 section 52 (2). page 26 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Driver Licensing) Regulation 2000 Part 3.13 Amendment [3.21] 1 [3.21] Section 70 (4) (b) 2 omit 3 of another jurisdiction 4 Explanatory note 5 This amendment omits a redundant reference to `of another jurisdiction'. Section 70 (4) (b) 6 refers to `a corresponding law of another jurisdiction'. Because the term `of another 7 jurisdiction' forms part of the definition of corresponding law, it is not necessary to mention 8 the term in section 70 (4) (b). 9 [3.22] Section 99 (2), new note 10 insert 11 Note A bicycle does not include any vehicle with an auxiliary motor capable 12 of generating a power output over 200W (see Road Transport (General) 13 Act 1999, dictionary and the Australian Road Rules). 14 Explanatory note 15 This amendment inserts a new note to assist users. It is consequential on the omission of the 16 definition of bicycle in this section by another amendment. 17 [3.23] Section 99 (4) and note 18 omit 19 Explanatory note 20 This amendment omits the definition of bicycle for section 99 as a consequence of the insertion 21 of a new definition of bicycle in the Road Transport (General) Act 1999, dictionary by another 22 amendment. It is also consequential on the insertion, by another amendment, of new note 4 in 23 the regulation, dictionary, which refers users to the Road Transport (General) Act 1999, 24 dictionary for the definitions of words and expressions commonly used in road transport 25 legislation. Statute Law Amendment Bill 2010 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.13 Road Transport (Driver Licensing) Regulation 2000 Amendment [3.24] 1 [3.24] Section 106 (3) (b) 2 omit 3 of another jurisdiction 4 Explanatory note 5 This amendment omits a redundant reference to `of another jurisdiction'. Section 106 (3) (b) 6 refers to `a corresponding law of another jurisdiction'. Because the term `of another 7 jurisdiction' forms part of the definition of corresponding law, it is not necessary to mention 8 the term in section 106 (3) (b). 9 [3.25] Dictionary, note 3 10 omit 11 · another jurisdiction 12 · jurisdiction 13 Explanatory note 14 This amendment is consequential on the insertion, by another amendment, of new note 4 in the 15 regulation, dictionary, which refers users to the Road Transport (General) Act 1999, dictionary 16 for the definitions of words and expressions commonly used in road transport legislation. 17 [3.26] Dictionary, new note 18 insert 19 Note 4 The Road Transport (General) Act 1999 contains definitions relevant to 20 this regulation. For example, the following terms are defined in the 21 Road Transport (General) Act 1999, dictionary: 22 · another jurisdiction 23 · Australian Road Rules 24 · bicycle 25 · combination 26 · jurisdiction 27 · motor vehicle 28 · ride 29 · road transport authority (or authority) (see s 16) page 28 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Driver Licensing) Regulation 2000 Part 3.13 Amendment [3.27] 1 · road transport legislation (see s 6) 2 · taxi 3 · trailer. 4 Explanatory note 5 This amendment inserts a new note in the regulation, dictionary to assist users in interpreting 6 the regulation and other road transport legislation. The new note lists examples of terms used 7 in the regulation and defined in the Road Transport (General) Act 1999, dictionary. 8 [3.27] Dictionary, definition of Australian Road Rules 9 omit 10 Explanatory note 11 This amendment is consequential on the insertion of a new definition of Australian Road Rules 12 in the Road Transport (General) Act 1999, dictionary by another amendment. It is also 13 consequential on the insertion, by another amendment, of new note 4 in the regulation, 14 dictionary, which refers users to the Road Transport (General) Act 1999, dictionary for the 15 definitions of words and expressions commonly used in road transport legislation. 16 [3.28] Dictionary, definition of combination 17 omit 18 Explanatory note 19 This amendment is consequential on the insertion of a new definition of combination in the 20 Road Transport (General) Act 1999, dictionary by another amendment. It is also consequential 21 on the insertion, by another amendment, of new note 4 in the regulation, dictionary, which 22 refers users to the Road Transport (General) Act 1999, dictionary for the definitions of words 23 and expressions commonly used in road transport legislation. 24 [3.29] Dictionary, definition of road transport legislation 25 omit 26 Explanatory note 27 This amendment omits a commonly-used term which is defined in the Road Transport 28 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 29 new note 4 in the regulation, dictionary, which refers users to the Road Transport (General) 30 Act 1999, dictionary for the definitions of words and expressions commonly used in road 31 transport legislation. Statute Law Amendment Bill 2010 page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.14 Road Transport (General) Act 1999 Amendment [3.30] 1 [3.30] Dictionary, definition of taxi 2 omit 3 Explanatory note 4 This amendment is consequential on the insertion of a new definition of taxi in the Road 5 Transport (General) Act 1999, dictionary by another amendment. It is also consequential on 6 the insertion, by another amendment, of new note 4 in the regulation, dictionary which refers 7 users to the Road Transport (General) Act 1999, dictionary for the definitions of words and 8 expressions commonly used in road transport legislation. 9 Part 3.14 Road Transport (General) Act 10 1999 11 [3.31] Section 19 heading 12 substitute 13 19 Authorised people 14 Explanatory note 15 This amendment updates language in line with current drafting practice. 16 [3.32] Section 53A heading 17 substitute 18 53A Authorised people for infringement notice offences 19 Explanatory note 20 This amendment updates language in line with current drafting practice. 21 [3.33] Section 58A (4) 22 omit 23 Explanatory note 24 This amendment omits a redundant definition of learner licence. This term is defined in the 25 Act, dictionary. page 30 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Act 1999 Part 3.14 Amendment [3.34] 1 [3.34] Dictionary, note 2 2 insert 3 · ACT 4 · Commonwealth 5 · internal territory 6 · State 7 Explanatory note 8 This amendment inserts terms in the list of terms used in the Act that are defined in the 9 Legislation Act. 10 [3.35] Dictionary, new note 11 insert 12 Note 3 If a word or expression is defined in an Act (but not a regulation or 13 another publication) included in the road transport legislation, the 14 definition applies to each use of the word or expression in other road 15 transport legislation unless the contrary intention appears (see s 8). 16 Explanatory note 17 This amendment inserts a new note in the Act, dictionary to assist users in interpreting the Act 18 and other road transport legislation. The new note explains the effect of the Act, section 8, 19 which is an interpretation provision that applies to all Acts included in the road transport 20 legislation. The effect of section 8 is that if a word or expression is defined in one of those 21 Acts, the definition applies to each use of the word or expression in other road transport 22 legislation unless the contrary intention appears. 23 [3.36] Dictionary, new definition of Australian Road Rules 24 insert 25 Australian Road Rules--see the Road Transport (Safety and Traffic 26 Management) Regulation 2000, section 5. 27 Note The Australian Road Rules are applied in the ACT under the Road 28 Transport (Safety and Traffic Management) Regulation 2000. They are 29 to be read with, and as if they formed part of, that regulation 30 (see s 6 (1)). Statute Law Amendment Bill 2010 page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.14 Road Transport (General) Act 1999 Amendment [3.37] 1 Explanatory note 2 This amendment inserts a new signpost definition of Australian Road Rules into the Act, 3 dictionary. The Act, dictionary contains commonly-used terms in the road transport legislation. 4 Including a definition of the term in the Act will assist users, as it is used throughout the road 5 transport legislation. 6 [3.37] Dictionary, definition of Australian Transport Council 7 substitute 8 Australian Transport Council--see the National Transport 9 Commission Act 2003 (Cwlth), section 4. 10 Explanatory note 11 This amendment updates language in line with current drafting practice. 12 [3.38] Dictionary, definition of authority 13 omit 14 Explanatory note 15 This amendment omits a redundant definition because the definition of road transport 16 authority refers to authority as an alternative defined term. 17 [3.39] Dictionary, new definition of bicycle 18 insert 19 bicycle--see the Australian Road Rules, dictionary. 20 Explanatory note 21 This amendment inserts a new signpost definition of bicycle into the Act, dictionary. The Act, 22 dictionary contains commonly-used terms in the road transport legislation. Including a 23 definition of the term in the Act will assist users, as it is used throughout the road transport 24 legislation. page 32 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Act 1999 Part 3.14 Amendment [3.40] 1 [3.40] Dictionary, new definition of combination 2 insert 3 combination means a group consisting of a motor vehicle connected 4 to 1 or more other vehicles. 5 Explanatory note 6 This amendment inserts a new definition of combination into the Act, dictionary. The Act, 7 dictionary contains commonly-used terms in the road transport legislation. Including a 8 definition of the term in the Act will assist users, as it is used throughout the road transport 9 legislation. 10 [3.41] Dictionary, definition of drive a vehicle 11 omit 12 drive a vehicle 13 substitute 14 drive, a vehicle, 15 Explanatory note 16 This amendment revises the definition because the term drive is used more frequently in the Act 17 than the defined term drive a vehicle. 18 [3.42] Dictionary, definition of driver 19 substitute 20 driver, of a vehicle, means the person driving the vehicle. 21 Explanatory note 22 This amendment updates language in line with current drafting practice. Statute Law Amendment Bill 2010 page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.14 Road Transport (General) Act 1999 Amendment [3.43] 1 [3.43] Dictionary, definition of executive officer 2 substitute 3 executive officer, of a corporation, means a person, however 4 described and whether or not the person is a director of the 5 corporation, who is concerned with, or takes part in, the 6 corporation's management. 7 Explanatory note 8 This amendment updates language in line with current drafting practice. 9 [3.44] Dictionary, definition of jurisdiction 10 omit 11 internal Territory 12 substitute 13 internal territory 14 Explanatory note 15 This amendment corrects a reference to a term defined in the Legislation Act. 16 [3.45] Dictionary, definition of National Transport Commission 17 substitute 18 National Transport Commission--see the National Transport 19 Commission Act 2003 (Cwlth), section 5. 20 Explanatory note 21 This amendment updates language in line with current drafting practice. page 34 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Regulation 2000 Part 3.15 Amendment [3.46] 1 [3.46] Dictionary, new definition of taxi 2 insert 3 taxi--see the Road Transport (Public Passenger Services) Act 2001, 4 section 45. 5 Explanatory note 6 This amendment inserts a new signpost definition of taxi in the Act, dictionary. The Act, 7 dictionary contains commonly-used terms in the road transport legislation. Including a 8 definition of the term in the Act will assist users, as it is used throughout the road transport 9 legislation. 10 Part 3.15 Road Transport (General) 11 Regulation 2000 12 [3.47] Schedule 1, part 1.4, item 2 13 omit 14 multi-combination vehicle licence driver training course 15 substitute 16 heavy vehicle driver training course 17 Explanatory note 18 Schedule 1, part 1.4, item 2 refers to a decision by the road transport authority under the Road 19 Transport (Driver Licensing) Regulation 2000, section 26 (1) (c) to approve a driver training 20 course. The course mentioned in that section is described as an `approved heavy vehicle driver 21 training course'. The amendment revises the language of the item to be consistent with the 22 language of section 26 (1) (c). Statute Law Amendment Bill 2010 page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.15 Road Transport (General) Regulation 2000 Amendment [3.48] 1 [3.48] Schedule 1, part 1.4, item 12, column 2 2 omit 3 69 (5) 4 substitute 5 69 (6) 6 Explanatory note 7 This amendment corrects an incorrect cross-reference. 8 [3.49] Schedule 1, part 1.4, item 13, column 2 9 omit 10 69 (6) 11 substitute 12 69 (7) 13 Explanatory note 14 This amendment corrects an incorrect cross-reference. 15 [3.50] Schedule 1, part 1.4, new items 13A, 13B and 13C 16 insert 13A 69 (8) (a) road transport authority--require an applicant to undergo a medical examination by authorised medical reviewer for assessment of applicant's fitness to hold driver licence or drive a particular class or kind of motor vehicle 13B 69 (8) (b) road transport authority--refer a report to authorised medical reviewer for assessment of applicant's fitness to hold driver licence or drive a particular class or kind of motor vehicle 13C 69 (8) (c) road transport authority--require applicant to pay for assessment under section 69 (8) (a) or (b) page 36 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Regulation 2000 Part 3.15 Amendment [3.51] 1 Explanatory note 2 This amendment updates the schedule of reviewable decisions by the road transport authority as 3 a consequence of changes to the Road Transport (Driver Licensing) Regulation 2000, 4 section 69 (8). 5 [3.51] Schedule 1, part 1.4, item 14, column 2 6 omit 7 69 (7) 8 substitute 9 69 (9) 10 Explanatory note 11 This amendment corrects an incorrect cross-reference. 12 [3.52] Schedule 1, part 1.4, new items 21A, 21B and 21C 13 insert 21A 78 (4) (a) road transport authority--require an applicant to undergo a medical examination by authorised medical reviewer for assessment of applicant's fitness to hold driver licence or drive a particular class or kind of motor vehicle 21B 78 (4) (b) road transport authority--refer a report to authorised medical reviewer for assessment of applicant's fitness to hold driver licence or drive a particular class or kind of motor vehicle 21C 78 (4) (c) road transport authority--require applicant to pay for assessment under section 78 (4) (a) or (b) 14 Explanatory note 15 This amendment updates the schedule of reviewable decisions by the road transport authority as 16 a consequence of changes to the Road Transport (Driver Licensing) Regulation 2000, 17 section 78 (4). Statute Law Amendment Bill 2010 page 37 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.15 Road Transport (General) Regulation 2000 Amendment [3.53] 1 [3.53] Schedule 1, part 1.4, item 22, column 2 2 omit 3 78 (4) 4 substitute 5 78 (5) 6 Explanatory note 7 This amendment corrects an incorrect cross-reference. 8 [3.54] Schedule 1, part 1.4, item 23 9 substitute 23 78 (6) road transport authority--require compliance with requirements equivalent to section 78 (2) (h) (which is about treatment of alcohol or drug offenders in another jurisdiction) 10 Explanatory note 11 This amendment corrects incorrect cross-references. 12 [3.55] Schedule 1, part 1.4, item 25, column (2) 13 omit 14 85 (2) 15 substitute 16 85 (3) 17 Explanatory note 18 This amendment corrects an incorrect cross-reference. page 38 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Regulation 2000 Part 3.15 Amendment [3.56] 1 [3.56] Schedule 1, part 1.4, item 26, column (2) 2 omit 3 85 (4) 4 substitute 5 85 (5) 6 Explanatory note 7 This amendment corrects an incorrect cross-reference. 8 [3.57] Schedule 1, part 1.4, item 27, column (2) 9 omit 10 85 (5) 11 substitute 12 85 (6) 13 Explanatory note 14 This amendment corrects an incorrect cross-reference. 15 [3.58] Schedule 1, part 1.4, item 28 16 substitute 28 85 (6) road transport authority--require applicant for renewal of driver licence to comply with requirements equivalent to section 69 (6) (h) (which is about treatment of alcohol or drug offenders in another jurisdiction) 17 Explanatory note 18 This amendment corrects incorrect cross-references. Statute Law Amendment Bill 2010 page 39 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.15 Road Transport (General) Regulation 2000 Amendment [3.59] 1 [3.59] Schedule 1, part 1.4, item 29, column (2) 2 omit 3 85 (7) 4 substitute 5 85 (8) 6 Explanatory note 7 This amendment corrects an incorrect cross-reference. 8 [3.60] Schedule 1, part 1.4, item 39, column (2) 9 omit 10 112 (1) 11 substitute 12 112 (3) 13 Explanatory note 14 This amendment corrects an incorrect cross-reference. 15 [3.61] Schedule 1, part 1.8, item 23 16 substitute 23 107 (1) road transport authority--refuse to approve network sign and livery requirements and design for accredited taxi network provider 17 Explanatory note 18 Item 23 refers to a reviewable decision under the Road Transport (Public Passenger Services) 19 Regulation 2002, section 107. This amendment updates the language of item 23 to be 20 consistent with the language of section 107, as amended by the Road Transport (Public 21 Passenger Services) Amendment Regulation 2006 (No 1) (SL2006-32), amendment 1.68. page 40 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Regulation 2000 Part 3.15 Amendment [3.62] 1 [3.62] Schedule 1, part 1.8, item 24 2 omit 3 Explanatory note 4 This amendment omits an item that is no longer required. Item 24 referred to a reviewable 5 decision by the road transport authority under the Road Transport (Public Passenger Services) 6 Regulation 2002, section 107 (2) to refuse to approve the network colours for an accredited taxi 7 network provider. Section 107 was amended by the Road Transport (Public Passenger 8 Services) Amendment Regulation 2006 (No 1) (SL2006-32), amendment 1.68 and 9 section 107 (2) no longer mentions any decisions of the road transport authority. 10 [3.63] Schedule 1, part 1.11, items 21, 22 and 23, column 2 11 omit 12 59 (5) 13 substitute 14 59 (6) 15 Explanatory note 16 This amendment corrects an incorrect cross-reference. 17 [3.64] Dictionary, note 3 18 insert 19 · Australian Road Rules 20 · bicycle 21 · combination 22 · jurisdiction 23 · motor vehicle 24 · ride 25 · road 26 · road related area 27 Explanatory note 28 This amendment inserts new terms in the list of terms used in the regulation that are defined in 29 the Road Transport (General) Act 1999, dictionary. Statute Law Amendment Bill 2010 page 41 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.16 Road Transport (Mass, Dimensions and Loading) Act 2009 Amendment [3.65] 1 Part 3.16 Road Transport (Mass, 2 Dimensions and Loading) Act 3 2009 4 [3.65] Section 335 (2) 5 omit 6 (an acknowledgement of consent) 7 substitute 8 (an acknowledgment of consent) 9 Explanatory note 10 This amendment corrects a typographical error. 11 [3.66] Section 349 (6), new note 12 insert 13 Note The Legislation Act, s 170 and s 171 deal with the application of the 14 privilege against selfincrimination and client legal privilege. 15 Explanatory note 16 This amendment inserts a new note to assist users of the legislation. The Legislation Act, 17 section 170 preserves the common law privilege against selfincrimination and section 171 18 preserves the common law privilege in relation to client legal privilege. 19 [3.67] Section 511 (3), definitions of Australian Transport 20 Council and National Transport Commission 21 omit 22 Explanatory note 23 This amendment omits commonly-used terms which are defined in the Road Transport 24 (General) Act 1999, dictionary. The amendment is consequential on the insertion, by another 25 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 26 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 27 road transport legislation. page 42 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Mass, Dimensions and Loading) Act 2009 Part 3.16 Amendment [3.68] 1 [3.68] Dictionary, note 2 2 omit 3 · road transport authority 4 Explanatory note 5 This amendment omits an example of a commonly-used term which is defined in the 6 Legislation Act, dictionary, part 1. It is consequential on the insertion, by another amendment, 7 of new note 3 in the Act, dictionary, which refers users to the Road Transport (General) 8 Act 1999, dictionary for the definitions of words and expressions commonly used in road 9 transport legislation. 10 [3.69] Dictionary, new notes 11 insert 12 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 13 this Act. For example, the following terms are defined in the Road 14 Transport (General) Act 1999, dictionary: 15 · another jurisdiction 16 · Australian Transport Council 17 · combination 18 · jurisdiction 19 · motor vehicle 20 · National Transport Commission 21 · road transport authority (or authority) (see s 16) 22 · road transport legislation (see s 6) 23 · use (in relation to a vehicle). 24 Note 4 If a word or expression is defined in an Act (but not a regulation or 25 another publication) included in the road transport legislation, the 26 definition applies to each use of the word or expression in other road 27 transport legislation unless the contrary intention appears (see Road 28 Transport (General) Act 1999, s 8). 29 Explanatory note 30 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 31 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 32 Act and defined in the Road Transport (General) Act 1999, dictionary. Statute Law Amendment Bill 2010 page 43 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.16 Road Transport (Mass, Dimensions and Loading) Act 2009 Amendment [3.70] 1 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 2 which is an interpretation provision that applies to all Acts included in the road transport 3 legislation. The effect of section 8 is that if a word or expression is defined in one of those 4 Acts, the definition applies to each use of the word or expression in other road transport 5 legislation unless the contrary intention appears. 6 [3.70] Dictionary, definition of another jurisdiction 7 omit 8 Explanatory note 9 This amendment omits a commonly-used term which is defined in the Road Transport 10 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 11 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 12 dictionary for the definitions of words and expressions commonly used in road transport 13 legislation. 14 [3.71] Dictionary, definition of authority 15 omit 16 Explanatory note 17 This amendment omits a redundant definition. It is consequential on the insertion, by another 18 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 19 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 20 road transport legislation. The definition of authority is redundant because the definition of 21 road transport authority in the Road Transport (General) Act 1999, dictionary refers to 22 authority as an alternative defined term. 23 [3.72] Dictionary, definition of combination 24 omit 25 Explanatory note 26 This amendment is consequential on the insertion of a new definition of combination in the 27 Road Transport (General) Act 1999, dictionary by another amendment. It is also consequential 28 on the insertion, by another amendment, of new note 3 in the Act, dictionary, which refers users 29 to the Road Transport (General) Act 1999, dictionary for the definitions of words and 30 expressions commonly used in road transport legislation. page 44 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Offences) Regulation 2005 Part 3.17 Amendment [3.73] 1 [3.73] Dictionary 2 omit the definitions of 3 jurisdiction 4 motor vehicle 5 road transport legislation 6 use 7 Explanatory note 8 This amendment omits commonly-used terms which are defined in the Road Transport 9 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 10 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 11 dictionary for the definitions of words and expressions commonly used in road transport 12 legislation. 13 Part 3.17 Road Transport (Offences) 14 Regulation 2005 15 [3.74] Dictionary, note 3 16 insert 17 · Australian Road Rules 18 · bicycle 19 · jurisdiction 20 · motor vehicle 21 · ride 22 · road 23 · road related area 24 Explanatory note 25 This amendment inserts new terms in the list of terms used in the regulation that are defined in 26 the Road Transport (General) Act 1999, dictionary. Statute Law Amendment Bill 2010 page 45 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.18 Road Transport (Public Passenger Services) Act 2001 Amendment [3.75] 1 [3.75] Dictionary, note 3 2 omit 3 · road transport authority 4 substitute 5 · road transport authority (or authority) (see s 16) 6 Explanatory note 7 This amendment brings the reference to the term in the regulation, dictionary, note 3 in line 8 with the definition of the term in the Road Transport (General) Act 1999, dictionary. 9 [3.76] Dictionary, definition of Australian Road Rules 10 omit 11 Explanatory note 12 This amendment is consequential on the insertion of a new definition of Australian Road Rules 13 in the Road Transport (General) Act 1999, dictionary by another amendment. 14 Part 3.18 Road Transport (Public 15 Passenger Services) Act 2001 16 [3.77] Section 56 (h), note 17 omit 18 s 32 19 substitute 20 s 32B 21 Explanatory note 22 This amendment updates a cross-reference as a consequence of amendments made to the Road 23 Transport (Vehicle Registration) Regulation 2000. page 46 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Public Passenger Services) Act 2001 Part 3.18 Amendment [3.78] 1 [3.78] Section 126 (3) 2 omit 3 authorised officers 4 substitute 5 authorised people 6 Explanatory note 7 This amendment corrects an incorrect reference to authorised officers. Under the Road 8 Transport (General) Act 1999, section 19, an authorised person may be appointed or prescribed 9 by regulation for the purposes of the road transport legislation, including the Road Transport 10 (Public Passenger Services) Act 2001. 11 [3.79] Dictionary, new notes 12 insert 13 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 14 this Act. For example, the following terms are defined in the Road 15 Transport (General) Act 1999, dictionary: 16 · another jurisdiction 17 · Australian Road Rules 18 · driver 19 · jurisdiction 20 · motor vehicle 21 · road transport authority (or authority) (see s 16) 22 · road transport legislation (see s 6) 23 · use (in relation to a vehicle). 24 Note 4 If a word or expression is defined in an Act (but not a regulation or 25 another publication) included in the road transport legislation, the 26 definition applies to each use of the word or expression in other road 27 transport legislation unless the contrary intention appears (see Road 28 Transport (General) Act 1999, s 8). Statute Law Amendment Bill 2010 page 47 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.18 Road Transport (Public Passenger Services) Act 2001 Amendment [3.80] 1 Explanatory note 2 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 3 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 4 Act and defined in the Road Transport (General) Act 1999, dictionary. 5 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 6 which is an interpretation provision that applies to all Acts included in the road transport 7 legislation. The effect of section 8 is that if a word or expression is defined in one of those 8 Acts, the definition applies to each use of the word or expression in other road transport 9 legislation unless the contrary intention appears. 10 [3.80] Dictionary, definition of another jurisdiction 11 omit 12 Explanatory note 13 This amendment omits a commonly-used term which is defined in the Road Transport 14 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 15 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 16 dictionary for the definitions of words and expressions commonly used in road transport 17 legislation. 18 [3.81] Dictionary, definition of authority 19 omit 20 Explanatory note 21 This amendment omits a redundant definition. It is consequential on the insertion, by another 22 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 23 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 24 road transport legislation. The definition of authority is redundant because the definition of 25 road transport authority in the Road Transport (General) Act 1999, dictionary refers to 26 authority as an alternative defined term. page 48 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Public Passenger Services) Regulation 2002 Part 3.19 Amendment [3.82] 1 [3.82] Dictionary 2 omit the definitions of 3 jurisdiction 4 motor vehicle 5 road transport authority 6 Explanatory note 7 This amendment omits commonly-used terms which are defined in the Road Transport 8 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 9 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 10 dictionary for the definitions of words and expressions commonly used in road transport 11 legislation. 12 Part 3.19 Road Transport (Public 13 Passenger Services) 14 Regulation 2002 15 [3.83] Section 6, definition of executive officer 16 substitute 17 executive officer, of a corporation, means a person, however 18 described and whether or not the person is a director of the 19 corporation, who is concerned with, or takes part in, the 20 corporation's management. 21 Explanatory note 22 This amendment updates language in line with current drafting practice. Statute Law Amendment Bill 2010 page 49 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.19 Road Transport (Public Passenger Services) Regulation 2002 Amendment [3.84] 1 [3.84] Dictionary, note 3 2 omit 3 · another jurisdiction 4 · motor vehicle 5 · road transport authority 6 Explanatory note 7 This amendment is consequential on the insertion, by another amendment, of new note 4 in the 8 regulation, dictionary, which refers users to the Road Transport (General) Act 1999, dictionary 9 for the definitions of words and expressions commonly used in road transport legislation. 10 [3.85] Dictionary, new note 11 insert 12 Note 4 The Road Transport (General) Act 1999 contains definitions relevant to 13 this regulation. For example, the following terms are defined in the 14 Road Transport (General) Act 1999, dictionary: 15 · another jurisdiction 16 · Australian Design Rule 17 · Australian Road Rules 18 · driver 19 · jurisdiction 20 · motor vehicle 21 · road transport authority (or authority) (see s 16) 22 · road transport legislation (see s 6). 23 Explanatory note 24 This amendment inserts a new note in the regulation, dictionary to assist users in interpreting 25 the regulation and other road transport legislation. The new note lists examples of terms used in 26 the regulation and defined in the Road Transport (General) Act 1999, dictionary. page 50 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Public Passenger Services) Regulation 2002 Part 3.19 Amendment [3.86] 1 [3.86] Dictionary, definition of Australian Design Rule 2 omit 3 Explanatory note 4 This amendment omits a commonly-used term which is defined in the Road Transport 5 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 6 new note 4 in the regulation, dictionary, which refers users to the Road Transport (General) 7 Act 1999, dictionary for the definitions of words and expressions commonly used in road 8 transport legislation. 9 [3.87] Dictionary, definition of Australian Road Rules 10 omit 11 Explanatory note 12 This amendment is consequential on the insertion of a new definition of Australian Road Rules 13 in the Road Transport (General) Act 1999, dictionary by another amendment. It is also 14 consequential on the insertion, by another amendment, of new note 4 in the regulation, 15 dictionary, which refers users to the Road Transport (General) Act 1999, dictionary for the 16 definitions of words and expressions commonly used in road transport legislation. 17 [3.88] Dictionary, definitions of driver and road transport 18 legislation 19 omit 20 Explanatory note 21 This amendment omits commonly-used terms which are defined in the Road Transport 22 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 23 new note 4 in the regulation, dictionary, which refers users to the Road Transport (General) 24 Act 1999, dictionary for the definitions of words and expressions commonly used in road 25 transport legislation. Statute Law Amendment Bill 2010 page 51 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.20 Road Transport (Safety and Traffic Management) Act 1999 Amendment [3.89] 1 Part 3.20 Road Transport (Safety and 2 Traffic Management) Act 1999 3 [3.89] Dictionary, new notes 4 insert 5 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 6 this Act. For example, the following terms are defined in the Road 7 Transport (General) Act 1999, dictionary: 8 · another jurisdiction 9 · Australian Transport Council 10 · driver 11 · jurisdiction 12 · motor vehicle 13 · National Transport Commission 14 · ride 15 · road transport authority (or authority) (see s 16) 16 · road transport legislation (see s 6) 17 · trailer. 18 Note 4 If a word or expression is defined in an Act (but not a regulation or 19 another publication) included in the road transport legislation, the 20 definition applies to each use of the word or expression in other road 21 transport legislation unless the contrary intention appears (see Road 22 Transport (General) Act 1999, s 8). 23 Explanatory note 24 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 25 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 26 Act and defined in the Road Transport (General) Act 1999, dictionary. 27 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 28 which is an interpretation provision that applies to all Acts included in the road transport 29 legislation. The effect of section 8 is that if a word or expression is defined in one of those 30 Acts, the definition applies to each use of the word or expression in other road transport 31 legislation unless the contrary intention appears. page 52 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Safety and Traffic Management) Act 1999 Part 3.20 Amendment [3.90] 1 [3.90] Dictionary, definitions of another jurisdiction and 2 Australian Transport Council 3 omit 4 Explanatory note 5 This amendment omits commonly-used terms which are defined in the Road Transport 6 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 7 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 8 dictionary for the definitions of words and expressions commonly used in road transport 9 legislation. 10 [3.91] Dictionary, definition of authority 11 omit 12 Explanatory note 13 This amendment omits a redundant definition. It is consequential on the insertion, by another 14 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 15 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 16 road transport legislation. The definition of authority is redundant because the definition of 17 road transport authority in the Road Transport (General) Act 1999, dictionary refers to 18 authority as an alternative defined term. 19 [3.92] Dictionary 20 omit the definitions of 21 driver 22 jurisdiction 23 motor vehicle 24 National Transport Commission 25 ride 26 road transport authority 27 road transport legislation 28 trailer Statute Law Amendment Bill 2010 page 53 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.21 Road Transport (Safety and Traffic Management) Regulation 2000 Amendment [3.93] 1 Explanatory note 2 This amendment omits commonly-used terms which are defined in the Road Transport 3 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 4 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 5 dictionary for the definitions of words and expressions commonly used in road transport 6 legislation. 7 Part 3.21 Road Transport (Safety and 8 Traffic Management) 9 Regulation 2000 10 [3.93] Section 92 (2) 11 omit 12 (an acknowledgement of consent) 13 substitute 14 (an acknowledgment of consent) 15 Explanatory note 16 This amendment corrects a typographical error. 17 [3.94] Dictionary, new note 18 insert 19 Note 4 The Road Transport (General) Act 1999 contains definitions relevant to 20 this Regulation. For example, the following terms are defined in the 21 Road Transport (General) Act 1999, dictionary: 22 · another jurisdiction 23 · bicycle 24 · combination 25 · driver 26 · jurisdiction 27 · motor vehicle 28 · National Transport Commission page 54 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Safety and Traffic Management) Regulation 2000 Part 3.21 Amendment [3.95] 1 · ride 2 · road transport authority (or authority) (see s 16) 3 · road transport legislation (see s 6) 4 · taxi 5 · trailer 6 · use (in relation to a vehicle). 7 Explanatory note 8 This amendment inserts a new note in the regulation, dictionary to assist users in interpreting 9 the regulation and other road transport legislation. The new note lists examples of terms used in 10 the regulation and defined in the Road Transport (General) Act 1999, dictionary. 11 [3.95] Dictionary, definition of bicycle 12 omit 13 Explanatory note 14 This amendment is consequential on the insertion of a new definition of bicycle in the Road 15 Transport (General) Act 1999, dictionary by another amendment. It is also consequential on 16 the insertion, by another amendment, of new note 4 in the regulation, dictionary, which refers 17 users to the Road Transport (General) Act 1999, dictionary for the definitions of words and 18 expressions commonly used in road transport legislation. 19 [3.96] Dictionary, definition of combination 20 omit 21 Explanatory note 22 This amendment is consequential on the insertion of a new definition of combination in the 23 Road Transport (General) Act 1999, dictionary by another amendment. It is also consequential 24 on the insertion, by another amendment, of new note 4 in the regulation, dictionary, which 25 refers users to the Road Transport (General) Act 1999, dictionary for the definitions of words 26 and expressions commonly used in road transport legislation. Statute Law Amendment Bill 2010 page 55 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.22 Road Transport (Third-Party Insurance) Act 2008 Amendment [3.97] 1 [3.97] Dictionary 2 omit the definitions of 3 motor vehicle 4 ride 5 taxi 6 trailer 7 use 8 Explanatory note 9 This amendment omits commonly-used terms which are defined in the Road Transport 10 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 11 new note 4 in the regulation, dictionary, which refers users to the Road Transport (General) 12 Act 1999, dictionary for the definitions of words and expressions commonly used in road 13 transport legislation. 14 Part 3.22 Road Transport (Third-Party 15 Insurance) Act 2008 16 [3.98] Section 56 (4), definition of executive officer 17 substitute 18 executive officer, of a corporation, means a person, however 19 described and whether or not the person is a director of the 20 corporation, who is concerned with, or takes part in, the 21 corporation's management. 22 Explanatory note 23 This amendment updates language in line with current drafting practice. page 56 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Third-Party Insurance) Act 2008 Part 3.22 Amendment [3.99] 1 [3.99] Section 252 (2) 2 omit 3 (an acknowledgement of consent) 4 substitute 5 (an acknowledgment of consent) 6 Explanatory note 7 This amendment corrects a typographical error. 8 [3.100] Dictionary, note 3 9 substitute 10 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 11 this Act. For example, the following terms are defined in the Road 12 Transport (General) Act 1999, dictionary: 13 · driver 14 · jurisdiction 15 · motor vehicle 16 · ride 17 · road transport authority (or authority) (see s 16) 18 · road transport legislation (see s 6) 19 · trailer. 20 Note 4 If a word or expression is defined in an Act (but not a regulation or 21 another publication) included in the road transport legislation, the 22 definition applies to each use of the word or expression in other road 23 transport legislation unless the contrary intention appears (see Road 24 Transport (General) Act 1999, s 8). 25 Explanatory note 26 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 27 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 28 Act and defined in the Road Transport (General) Act 1999, dictionary. 29 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 30 which is an interpretation provision that applies to all Acts included in the road transport 31 legislation. The effect of section 8 is that if a word or expression is defined in one of those Statute Law Amendment Bill 2010 page 57 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.22 Road Transport (Third-Party Insurance) Act 2008 Amendment [3.101] 1 Acts, the definition applies to each use of the word or expression in other road transport 2 legislation unless the contrary intention appears. 3 [3.101] Dictionary, definition of drive a vehicle 4 omit 5 drive a vehicle 6 substitute 7 drive, a vehicle, 8 Explanatory note 9 This amendment revises the definition because the term drive is used more frequently in the Act 10 than the defined term drive a vehicle. 11 [3.102] Dictionary 12 omit the definitions of 13 driver 14 motor vehicle 15 ride 16 road transport authority 17 road transport legislation 18 trailer 19 Explanatory note 20 This amendment omits commonly-used terms which are defined in the Road Transport 21 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 22 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 23 dictionary for the definitions of words and expressions commonly used in road transport 24 legislation. page 58 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Third-Party Insurance) Regulation 2008 Part 3.23 Amendment [3.103] 1 Part 3.23 Road Transport (Third-Party 2 Insurance) Regulation 2008 3 [3.103] Schedule 1, part 1.1, item 1.1, definition of taxi 4 omit 5 Explanatory note 6 This amendment omits a commonly-used term which is defined in the Road Transport 7 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 8 new note 4 in the regulation, dictionary which refers users to the Road Transport (General) 9 Act 1999, dictionary for the definitions of words and expressions commonly used in road 10 transport legislation. 11 [3.104] Dictionary, new note 12 insert 13 Note 4 The Road Transport (General) Act 1999 contains definitions relevant to 14 this Regulation. For example, the following terms are defined in the 15 Road Transport (General) Act 1999, dictionary: 16 · driver 17 · jurisdiction 18 · motor vehicle 19 · taxi. 20 Explanatory note 21 This amendment inserts a new note in the regulation, dictionary to assist users in interpreting 22 the regulation and other road transport legislation. The new note lists examples of terms used in 23 the regulation and defined in the Road Transport (General) Act 1999, dictionary. Statute Law Amendment Bill 2010 page 59 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.24 Road Transport (Vehicle Registration) Act 1999 Amendment [3.105] 1 Part 3.24 Road Transport (Vehicle 2 Registration) Act 1999 3 [3.105] Dictionary, new notes 4 insert 5 Note 3 The Road Transport (General) Act 1999 contains definitions relevant to 6 this Act. For example, the following terms are defined in the Road 7 Transport (General) Act 1999, dictionary: 8 · another jurisdiction 9 · Australian Transport Council 10 · driver 11 · jurisdiction 12 · motor vehicle 13 · National Transport Commission 14 · ride 15 · road transport authority (or authority) (see s 16) 16 · road transport legislation (see s 6) 17 · trailer 18 · use (in relation to a vehicle). 19 Note 4 If a word or expression is defined in an Act (but not a regulation or 20 another publication) included in the road transport legislation, the 21 definition applies to each use of the word or expression in other road 22 transport legislation unless the contrary intention appears (see Road 23 Transport (General) Act 1999, s 8). 24 Explanatory note 25 This amendment inserts new notes in the Act, dictionary to assist users in interpreting the Act 26 and other road transport legislation. Dictionary, new note 3 lists examples of terms used in the 27 Act and defined in the Road Transport (General) Act 1999, dictionary. 28 Dictionary, new note 4 explains the effect of the Road Transport (General) Act 1999, section 8, 29 which is an interpretation provision that applies to all Acts included in the road transport 30 legislation. The effect of section 8 is that if a word or expression is defined in one of those 31 Acts, the definition applies to each use of the word or expression in other road transport 32 legislation unless the contrary intention appears. page 60 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Vehicle Registration) Act 1999 Part 3.24 Amendment [3.106] 1 [3.106] Dictionary, definitions of another jurisdiction and 2 Australian Transport Council 3 omit 4 Explanatory note 5 This amendment omits commonly-used terms which are defined in the Road Transport 6 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 7 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 8 dictionary for the definitions of words and expressions commonly used in road transport 9 legislation. 10 [3.107] Dictionary, definition of authority 11 omit 12 Explanatory note 13 This amendment omits a redundant definition. It is consequential on the insertion, by another 14 amendment, of new note 3 in the Act, dictionary, which refers users to the Road Transport 15 (General) Act 1999, dictionary for the definitions of words and expressions commonly used in 16 road transport legislation. The definition of authority is redundant because the definition of 17 road transport authority in the Road Transport (General) Act 1999, dictionary refers to 18 authority as an alternative defined term. 19 [3.108] Dictionary 20 omit the definitions of 21 driver 22 jurisdiction 23 motor vehicle 24 National Transport Commission 25 ride 26 road transport authority 27 road transport legislation Statute Law Amendment Bill 2010 page 61 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.25 Road Transport (Vehicle Registration) Regulation 2000 Amendment [3.109] 1 trailer 2 use 3 Explanatory note 4 This amendment omits commonly-used terms which are defined in the Road Transport 5 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 6 new note 3 in the Act, dictionary, which refers users to the Road Transport (General) Act 1999, 7 dictionary for the definitions of words and expressions commonly used in road transport 8 legislation. 9 Part 3.25 Road Transport (Vehicle 10 Registration) Regulation 2000 11 [3.109] Section 17 (1) (c) (i) 12 omit 13 of another jurisdiction 14 Explanatory note 15 This amendment omits a redundant reference to `of another jurisdiction'. Section 17 (1) (c) (i) 16 refers to `a corresponding law of another jurisdiction'. Because the term `of another 17 jurisdiction' forms part of the definition of corresponding law in the Road Transport (Vehicle 18 Registration) Act 1999, it is not necessary to include the term in section 17 (1) (c) (i). 19 [3.110] Section 20 (2) and note 20 omit 21 Explanatory note 22 This amendment omits the definition of bicycle for section 20 as a consequence of the insertion 23 of a new definition of bicycle in the Road Transport (General) Act 1999, dictionary by another 24 amendment. It is also consequential on the insertion, by another amendment, of new note 4 in 25 the regulation, dictionary, which refers users to the Road Transport (General) Act 1999, 26 dictionary for the definitions of words and expressions commonly used in road transport 27 legislation. page 62 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Vehicle Registration) Regulation 2000 Part 3.25 Amendment [3.111] 1 [3.111] Section 20, new note 2 insert 3 Note A bicycle does not include any vehicle with an auxiliary motor capable 4 of generating a power output over 200W (see Road Transport (General) 5 Act 1999, dictionary and the Australian Road Rules). 6 Explanatory note 7 This amendment inserts a new note to assist users. It is consequential on the omission of the 8 definition of bicycle in this section by another amendment. 9 [3.112] Section 32B (6), definition of taxi 10 omit 11 Explanatory note 12 This amendment omits a commonly-used term which is defined in the Road Transport 13 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 14 new note 4 in the regulation, dictionary which refers users to the Road Transport (General) 15 Act 1999, dictionary for the definitions of words and expressions commonly used in road 16 transport legislation. 17 [3.113] Dictionary, note 3 18 omit 19 · jurisdiction 20 · trailer 21 Explanatory note 22 This amendment is consequential on the insertion, by another amendment, of new note 4 in the 23 regulation, dictionary, which refers users to the Road Transport (General) Act 1999, dictionary 24 for the definitions of words and expressions commonly used in road transport legislation. Statute Law Amendment Bill 2010 page 63 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 3.25 Road Transport (Vehicle Registration) Regulation 2000 Amendment [3.114] 1 [3.114] Dictionary, new note 2 insert 3 Note 4 The Road Transport (General) Act 1999 contains definitions relevant to 4 this regulation. For example, the following terms are defined in the 5 Road Transport (General) Act 1999, dictionary: 6 · Australian Road Rules 7 · bicycle 8 · combination 9 · driver 10 · jurisdiction 11 · motor vehicle 12 · road transport authority (or authority) (see s 16) 13 · road transport legislation (see s 6) 14 · trailer 15 · taxi. 16 Explanatory note 17 This amendment inserts a new note in the regulation, dictionary to assist users in interpreting 18 the regulation and other road transport legislation. The new note lists examples of terms used in 19 the regulation and defined in the Road Transport (General) Act 1999, dictionary. 20 [3.115] Dictionary, definition of combination 21 omit 22 Explanatory note 23 This amendment is consequential on the insertion of a new definition of combination in the 24 Road Transport (General) Act 1999, dictionary by another amendment. It is also consequential 25 on the insertion, by another amendment, of new note 4 in the regulation, dictionary, which 26 refers users to the Road Transport (General) Act 1999, dictionary for the definitions of words 27 and expressions commonly used in road transport legislation. page 64 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Unlawful Gambling Act 2009 Part 3.26 Amendment [3.116] 1 [3.116] Dictionary, definition of road transport legislation 2 omit 3 Explanatory note 4 This amendment omits a commonly-used term which is defined in the Road Transport 5 (General) Act 1999, dictionary. It is consequential on the insertion, by another amendment, of 6 new note 4 in the regulation, dictionary, which refers users to the Road Transport (General) 7 Act 1999, dictionary for the definitions of words and expressions commonly used in road 8 transport legislation. 9 Part 3.26 Unlawful Gambling Act 2009 10 [3.117] Section 6 heading 11 substitute 12 6 Meaning of betting and unlawful betting 13 Explanatory note 14 This amendment corrects the heading to section 6 to give a more accurate description of the 15 section's contents. 16 [3.118] Dictionary, new definition of betting 17 insert 18 betting­­see section 6. 19 Explanatory note 20 This amendment updates the dictionary by including a signpost definition for a term defined in 21 section 6. Statute Law Amendment Bill 2010 page 65 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 66 Statute Law Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au