Australian Capital Territory Consolidated Acts

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EXECUTIVE DOCUMENTS RELEASE ACT 2001 - NOTES

Dictionary

(see s 3)

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

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACAT

              •     chief executive

              •     document

              •     Executive

              •     reviewable decision notice

              •     Speaker

              •     the Territory.

"accessible executive document "means an executive document (or part of an executive document) on or after its earliest release day.

"Assembly" means the Legislative Assembly or a committee of the Legislative Assembly nominated by the Speaker for this Act.

"earliest release day", for an executive document, means the later of the following days:

        (a)     the next 1 July after the end of 10 years after the document's submission day;

        (b)     1 July 2001.

Example

If an executive document's submission day was 1 May 1997, its earliest release day is 1 July 2007.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"Executive "includes a committee of the Executive.

"executive document "means—

        (a)     an official record of a meeting of the Executive; or

        (b)     a document that was—

              (i)     formally submitted by a Minister to a meeting of the Executive for its consideration in relation to a matter on the official record; and

              (ii)     created for that purpose; or

        (c)     part of a document mentioned in paragraph (a) or (b).

"later release day"—see section 8 (7) (Release delayed or denied).

"protected private information"—see section 8 (2) (b).

"release restraint determination"—see section 8 (2).

"submission day", of an executive document, means the day of the meeting of the Executive to which the document relates.


Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

pt = part

div = division

r = rule/subrule

exp = expires/expired

renum = renumbered

Gaz = gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

Executive Documents Release Act 2001 No 53

notified 12 July 2001 (Gaz 2001 No 28)

s 1, s 2 commenced 12 July 2001 (IA s 10B)

remainder (ss 3-12) commenced 19 July 2001 (Gaz 2001 No 29)

as amended by

Statute Law Amendment Act 2002 No 30 pt 3.24

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.24 commenced 17 September 2002 (s 2 (1))

Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.16

notified LR 6 December 2007

s 1, s 2 commenced 6 December 2007 (LA s 75 (1))

sch 3 pt 3.16 commenced 27 December 2007 (s 2)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.22

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.22 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

4     Amendment history

Commencement
s 2     om R1 (LA s 89 (4))

Dictionary
s 3     defs reloc to dict 2002 No 30 amdt 3.362
    sub 2002 No 30 amdt 3.363

List of released executive documents must be published
s 6     am A2008-36 amdt 1.262

Review by AAT
s 10     sub A2007-39 amdt 3.53; A2008-36 amdt 1.263

No liability for complying with Act
s 11     am 2002 No 30 amdt 3.364

Regulation-making power
s 12 hdg     sub 2002 No 30 amdt 3.365

Dictionary
dict     ins 2002 No 30 amdt 3.366
    am A2008-36 amdt 1.264
    def accessible executive document reloc from s 3 2002 No 30 amdt 3.362
    def Assembly reloc from s 3 2002 No 30 amdt 3.362
    def earliest release day reloc from s 3 2002 No 30 amdt 3.362
    def Executive reloc from s 3 2002 No 30 amdt 3.362
    def executive document reloc from s 3 2002 No 30 amdt 3.362
    def later release day reloc from s 3 2002 No 30 amdt 3.362
    def protected private information reloc from s 3 2002 No 30 amdt 3.362
    def release restraint determination reloc from s 3 2002 No 30 amdt 3.362
    def submission day reloc from s 3 2002 No 30 amdt 3.362

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

not amended

12 July 2001

2

A2002-30

23 September 2002

3

A2007-39

27 December 2007




© Australian Capital Territory 2009

2001-5300.jpg
Australian Capital Territory

A2001-53

Republication No 4

Effective: 2 February 2009

Republication date: 2 February 2009

Last amendment made by A2008-36





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Executive Documents Release Act 2001

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 February 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 2 February 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

2001-5300.jpg
Australian Capital Territory

Executive Documents Release Act 2001


Endnotes

2001-5300.jpg
Australian Capital Territory

Executive Documents Release Act 2001