LEGISLATION ACT 2001 - TABLE OF PROVISIONS CHAPTER 1--PRELIMINARY PART 1.1--GENERAL 1. Name of Act 2. Dictionary 2A. Notes 3. Objects 4. Application of Act 5. Determinative and non-determinative provisions 6. Legislation Act provisions must be applied PART 1.2--BASIC CONCEPTS 7. Meaning of Act generally 8. Meaning of subordinate law 9. Meaning of disallowable instrument 10. Meaning of notifiable instrument 11. Meaning of commencement notice 12. Meaning of legislative instrument 13. Meaning of statutory instrument 14. Meaning of instrument 15. Meaning of authorised republication 16. Meaning of provision PART 1.3--SOURCES OF LAW IN THE ACT 17. References to Acts include references to former Cwlth enactments etc CHAPTER 2--ACT LEGISLATION REGISTER AND WEB SITE 18. ACT legislation register 19. Contents of register 20. Prompt registration 21. Approved web site 22. Access to registered material at approved web site CHAPTER 3--AUTHORISED VERSIONS AND EVIDENCE OF LAWS AND LEGISLATIVE MATERIAL 22A. Definitions for ch 3 23. Authorisation of versions by parliamentary counsel 24. Authorised electronic versions 25. Authorised written versions 26. Judicial notice of certain matters CHAPTER 4--NUMBERING AND NOTIFICATION OF ACTS 27. Numbering of Acts 28. Notification of Acts 29. References to enactment or passing of Acts 30. References to notification of Acts CHAPTER 5--REGULATORY IMPACT STATEMENTS FOR SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS PART 5.1--PRELIMINARY 31. Definitions for ch 5 32. Other publication or consultation requirements not affected 33. Guidelines about costs of proposed subordinate laws and disallowable instruments PART 5.2--REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS 34. Preparation of regulatory impact statements 35. Content of regulatory impact statements 36. When is preparation of regulatory impact statement unnecessary? 37. When must regulatory impact statement be presented? PART 5.3--FAILURE TO COMPLY WITH REQUIREMENTS FOR REGULATORY IMPACT STATEMENTS 38. Effect of failure to comply with pt 5.2 CHAPTER 6--MAKING, NOTIFICATION AND NUMBERING OF STATUTORY INSTRUMENTS PART 6.1--GENERAL 39. Meaning of matter in ch 6 40. Presumption of validity 41. Making of certain statutory instruments by Executive PART 6.2--MAKING OF STATUTORY INSTRUMENTS GENERALLY 42. Power to make statutory instruments 43. Statutory instruments to be interpreted not to exceed powers under authorising law 44. Power to make statutory instruments for Act etc 45. Power to make court rules 46. Power to make instrument includes power to amend or repeal 47. Statutory instrument may make provision by applying law or instrument 48. Power to make instrument includes power to make different provision for different 49. Single instrument may exercise several powers or satisfy several requirements 50. Relationship between authorising law and instrument dealing with same 51. Instrument may make provision in relation to land by reference to map etc 52. Instrument may authorise determination of matter etc 53. Instrument may prohibit 54. Instrument may require making of statutory declaration PART 6.3--MAKING OF CERTAIN STATUTORY INSTRUMENTS ABOUT FEES 55. Definitions for pt 6.3 56. Determination of fees by disallowable instrument 57. Fees payable in accordance with determination etc 58. Regulations may make provision about fees PART 6.4--NUMBERING AND NOTIFICATION OF LEGISLATIVE INSTRUMENTS 59. Numbering 60. Correction etc of name of instrument 60A. Correction of name of explanatory statement etc 61. Notification of legislative instruments 62. Effect of failure to notify legislative instrument 63. References to notification of legislative instruments CHAPTER 7--PRESENTATION, AMENDMENT AND DISALLOWANCE OF SUBORDINATE LAWS AND DISALLOWABLE INSTRUMENTS 64. Presentation of subordinate laws and disallowable instruments 65. Disallowance by resolution of Assembly 65A. Notification of disallowance by resolution of Assembly 66. Revival of affected laws 67. Making of instrument same in substance within 6 months after disallowance 68. Amendment by resolution of Assembly 69. Notification of amendments made by resolution of Assembly 70. Making of amendment restoring effect of law within 6 months after amendment 71. Effect of dissolution or expiry of Assembly on notice of motion CHAPTER 8--COMMENCEMENT AND EXERCISE OF POWERS BEFORE COMMENCEMENT 72. Meaning of law in ch 8 73. General rules about commencement 74. Time of commencement 75. Commencement of naming and commencement provisions 75AA. Commencement of provisions identifying amended laws 75A. Meaning of commences retrospectively 75B. Retrospective commencement requires clear indication 76. Non-prejudicial provision may commence retrospectively 77. Commencement by commencement notice 78. Separate commencement of amendments 79. Automatic commencement of postponed law 79A. Commencement of amendment of uncommenced law 80. References to commencement of law 81. Exercise of powers between notification and commencement CHAPTER 9--REPEAL AND AMENDMENT OF LAWS PART 9.1--GENERAL 82. Definitions for ch 9 83. Consequences of amendment of statutory instrument by Act 84. Saving of operation of repealed and amended laws 84A. Creation of offences and changes in penalties PART 9.2--REPEAL 85. When repeal takes effect 86. Repealed and amended laws not revived on repeal of repealing and amending 87. Commencement not undone if repealed 88. Repeal does not end effect of transitional laws etc 89. Automatic repeal of certain laws and provisions PART 9.3--AMENDMENT 90. Law and amending laws to be read as one 91. Insertion of provisions by amending law 92. Amendment to be made wherever possible 93. Provisions included in another provision for amendment purposes 94. Continuance of appointments etc made under amended provisions 95. Status of modifications 96. Relocated provisions CHAPTER 10--REFERRING TO LAWS 97. Definitions for ch 10 98. References to ACT law include law containing reference 99. References in ACT statutory instruments to the Act 100. Referring to particular ACT laws 101. Referring to particular laws of other jurisdictions etc 102. References to laws include references to laws as in force from time to 103. References to repealed laws 104. References to laws include references to instruments under laws 105. Referring to provisions of laws 106. References to provisions of laws are inclusive 106A. References to paragraphs etc of laws CHAPTER 11--REPUBLICATION OF ACTS AND STATUTORY INSTRUMENTS PART 11.1--GENERAL 107. Definitions for ch 11 108. Republication in register 109. Republications may be published with other information 110. Collections of laws PART 11.2--SUBSTANTIVE AMENDMENTS MADE BY LAWS 111. Incorporation of amendments 112. Reference to amending laws 113. Provisions not republished or relocated PART 11.3--EDITORIAL CHANGES 114. Authorisation for parliamentary counsel 115. Amendments not to change effect 116. Ambit of editorial amendments 117. Legal effect of editorial changes 118. Reference to editorial amendments CHAPTER 12--SCOPE OF ACTS AND STATUTORY INSTRUMENTS 120. Act to be interpreted not to exceed legislative powers of Assembly 121. Binding effect of Acts 122. Application to Territory CHAPTER 13--STRUCTURE OF ACTS AND STATUTORY INSTRUMENTS PART 13.1--GENERAL 125. Meaning of law in ch 13 126. Material that is part of Act or statutory instrument 127. Material that is not part of Act or statutory instrument PART 13.2--PARTICULAR KINDS OF PROVISIONS 130. What is a definition? 131. Signpost definitions 132. Examples 133. Penalty units 134. Penalties at end of sections and subsections 135. Penalties not at end of sections and subsections CHAPTER 14--INTERPRETATION OF ACTS AND STATUTORY INSTRUMENTS PART 14.1--PURPOSE AND SCOPE 136. Meaning of Act in ch 14 137. Purpose and scope of ch 14 PART 14.2--KEY PRINCIPLES OF INTERPRETATION 138. Meaning of working out the meaning of an Act 139. Interpretation best achieving Act's purpose 140. Legislative context 141. Non-legislative context generally 142. Non-legislative context--material that may be considered 143. Law stating material for consideration in working out meaning CHAPTER 15--AIDS TO INTERPRETATION PART 15.1--GENERAL 144. Meaning of commonly-used terms 145. Gender and number 146. Meaning of may and must 147. Changes of drafting practice not to affect meaning 148. Terms used in instruments have same meanings as in authorising laws 149. Age in years 150. Measurement of distance 151. Working out periods of time generally 151A. Periods of time ending on non-working days 151B. Doing things for which no time is fixed 151C. Power to extend time 152. Continuing effect of obligations PART 15.2--DEFINITIONS 155. Definitions apply subject to contrary intention 156. Application of definitions in dictionaries and sections 157. Defined terms--other parts of speech and grammatical forms PART 15.3--REFERENCES TO VARIOUS ENTITIES AND THINGS 160. References to people generally 161. Corporations liable to offences 162. References to a Minister or the Minister 163. References to a chief executive or the chief executive 164. References to Australian Standards etc 165. References to Assembly committees that no longer exist 168. References to person with interest in land include personal representative 169. References to domestic partner and domestic partnership 169A. References to transgender people 169B. References to intersex people PART 15.4--PRESERVATION OF CERTAIN COMMON LAW PRIVILEGES 170. Privileges against selfincrimination and exposure to civil penalty 171. Client legal privilege CHAPTER 16--COURTS, TRIBUNALS AND OTHER DECISION-MAKERS 175. Meaning of law in ch 16 176. Jurisdiction of courts and tribunals 177. Recovery of amounts owing under laws 178. Power to decide includes power to take evidence etc 179. Content of statements of reasons for decisions 180. Power to make decision includes power to reverse or change CHAPTER 17--ENTITIES AND POSITIONS 182. Meaning of law in ch 17 183. Change of name of entity 184. Change in constitution of entity 184A. References to entity 185. References to occupant of position 186. Change of name of position 187. Chair and deputy chair etc CHAPTER 18--OFFENCES 188. Meaning of ACT law in ch 18 189. Reference to offence includes reference to related ancillary offences 190. Indictable and summary offences 191. Offences against 2 or more laws 192. When must prosecutions begin? 193. Continuing offences CHAPTER 19--ADMINISTRATIVE AND MACHINERY PROVISIONS PART 19.1--INTRODUCTORY 195. Meaning of law in ch 19 PART 19.2--FUNCTIONS 196. Provision giving function gives power to exercise function 197. Statutory functions may be exercised from time to time 199. Functions of bodies 200. Functions of occupants of positions PART 19.3--APPOINTMENTS Division 19.3.1--Appointments--general 205. Application of div 19.3.1 206. Appointments must be in writing etc 207. Appointment may be by name or position 208. Power of appointment includes power to suspend etc 209. Power of appointment includes power to make acting appointment 210. Resignation of appointment 211. Appointment not affected by appointer changes 212. Appointment not affected by defect etc Division 19.3.2--Acting appointments 215. Application of div 19.3.2 216. Acting appointments must be in writing etc 217. Acting appointment may be made by name or position 218. Instrument may provide when acting appointment has effect etc 219. Appointer may decide terms of acting appointment etc 220. Appointee may exercise functions under acting appointment etc 221. How long does an acting appointment operate? 222. Resignation of acting appointment 223. Effect of acting appointment on substantive appointment etc 224. Acting appointment not affected by appointer changes 225. Acting appointment not affected by defect etc Division 19.3.2A--Standing acting arrangements 225A. Application of div 19.3.2A 225B. Person acting under standing acting arrangement may exercise functions Division 19.3.3--Appointments--Assembly consultation 226. Meaning of statutory position in div 19.3.3 227. Application of div 19.3.3 228. Consultation with appropriate Assembly committee 229. Appointment is disallowable instrument PART 19.4--DELEGATIONS 230. Application of pt 19.4 generally 231. Application of pt 19.4 to subdelegations 232. Delegation must be in writing etc 233. Delegation may be made by name or position 234. Instrument may provide when delegation has effect etc 235. Delegation may be made to 2 or more delegates 236. Power to delegate may not be delegated 237. Delegation may be amended or revoked 238. Appointer responsible for delegated function 239. Exercise of delegation by delegate 240. Appointer may exercise delegated function 241. Delegation not affected by appointer changes 242. Delegation not affected by defect etc PART 19.5--SERVICE OF DOCUMENTS 245. Application of pt 19.5 246. Definitions for pt 19.5 247. Service of documents on individuals 248. Service of documents on corporations 249. Service of documents on agencies 250. When document taken to be served 251. Other laws not affected etc 252. Powers of courts and tribunals not affected PART 19.6--FUNCTIONS OF EXECUTIVE AND MINISTERS 253. Exercise of functions of Executive 254. Administration of matters not allocated 254A. Delegation by Minister PART 19.7--OTHER MATTERS 255. Forms 256. Production of records kept in computers etc CHAPTER 20--MISCELLANEOUS 300. Delegation by parliamentary counsel 301. References to Administration Act 1989 etc 302. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES LEGISLATION ACT 2001 - LONG TITLE An Act about legislation LEGISLATION ACT 2001 - SECT 1 Name of Act This Act is the Legislation Act 2001. LEGISLATION ACT 2001 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of an Act usually defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act. However, in this Act the dictionary is divided into 2 parts. Note 2 Part 1 defines terms commonly used in Acts (including this Act) and statutory instruments. For example, because of the definition '"month" means calendar month.', the term 'month' has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155). Note 3 Part 2 defines certain terms used in this Act. For example, the signpost definition '"administrator", for part 19.5 (Service of documents)--see section 246.' means that the term 'administrator' is defined in s 246 for this Act, pt 19.5. A definition in pt 2 applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 (1)). LEGISLATION ACT 2001 - SECT 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See s 127 (1), (4) and (5) for the legal status of notes. LEGISLATION ACT 2001 - SECT 3 Objects (1) The main object of this Act is to make legislation more accessible. (2) This is to be achieved particularly by-- (a) encouraging access to legislation through the internet, while maintaining access to printed legislation; and (b) restating the law dealing with the 'life cycle' of legislation, improving its structure and content, and simplifying its provisions where practicable; and (c) assisting users of legislation to find, read, understand and use legislation by-- (i) facilitating the shortening and simplification of legislation; and (ii) promoting consistency in the form and language of legislation; and (iii) providing rules about the interpretation of legislation; and (iv) facilitating the updating and republication of legislation to ensure its ready availability. (3) For this section, the '"life cycle"' of legislation includes the making (where relevant), notification, commencement, presentation and disallowance (where relevant), operation, interpretation, proof, republication, amendment and repeal of legislation and instruments made under legislation. LEGISLATION ACT 2001 - SECT 4 Application of Act (1) This Act applies to all Acts (including this Act) and statutory instruments. (2) In particular, Acts and statutory instruments are taken to be made on the basis that they will operate in conjunction with this Act. Examples 1 An Act imposes an obligation and provides that people who 'fail' to carry out the obligation are liable to the penalty. The Act does not, however, define 'fail' or indicate that the word is used in a special way. In accordance with this Act, dictionary, part 1 (see s 144), the word 'fail' includes 'refuse'. In other words, a person who refuses to carry out the obligation will be subject to the penalty in the same way as someone who only neglects the obligation. In this case, the presence in an Act of a word that is defined in this Act attracts the operation of the definition in the dictionary. 2 The XYZ Act 2001 contains the following provision: The Minister may determine fees for this Act. Because the XYZ Act authorises a fee to be determined 'for this Act', this Act, section 56 applies and therefore the provisions of part 6.3 (Making of certain statutory instruments about fees) apply to the determination of fees under the provision. In this case, the operation of provisions of this Act is attracted because the XYZ Act 2001 contains a provision that triggers the application of the part. Note 1 The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). Note 2 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 s 126 and s 132). (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 5 Determinative and non-determinative provisions (1) This Act consists of determinative and non-determinative provisions. (2) A determinative provision is a provision of this Act that is declared to be a determinative provision. Example Section 4 (3) provides that section 4 is a determinative provision. (3) A non-determinative provision is any other provision of this Act. Example Section 3 does not contain a provision corresponding to section 4 (3). Therefore, section 3 is not a determinative provision. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 6 Legislation Act provisions must be applied (1) A provision of this Act must be applied to an Act or statutory instrument, in accordance with the terms of the provision, except so far as it is displaced. (2) A determinative provision may be displaced expressly or by a manifest contrary intention. (3) A non-determinative provision may be displaced expressly or by a contrary intention. Note For the distinction between a 'manifest contrary intention' (see s (2)) and 'contrary intention' (see s (3)), see the examples in this section. (4) The declaration of a provision as 'determinative' indicates that it is the intention of the Legislative Assembly that, if the provision is to be displaced at all in a particular case, a more deliberate displacement is required than if the provision were a non-determinative provision. (5) This section applies despite any presumption or rule of interpretation. (6) A provision of this Act must not be taken to be displaced by a provision of an Act or statutory instrument so far as the provisions can operate concurrently. (7) In particular and without limiting subsection (5), a provision of this Act is not displaced by a provision of an Act or statutory instrument because the provisions deal with the same or a similar subject matter. (8) This section is a determinative provision. Examples of different kinds of displacement 1 Determinative provision--express displacement The Collections Regulation Act 1999 (hypothetical), section 83 contains the following provision: (2) The Legislation Act, section 47 (3) does not apply to a regulation under this Act. Section 83 (2) illustrates a provision expressly displacing this Act, section 47 (3), a determinative provision. 2 Determinative provision--manifest contrary intention The Motor Repairers Act 2001 (hypothetical) does not contain a provision like the Collections Regulation Act 1999, section 83, but section 79 contains the following provision: (3) A regulation may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Section 79 (3) illustrates a provision displacing this Act, section 47 (3), a determinative provision, by a manifest contrary intention because section 79 (3) clearly contradicts section 47 (3). 3 Non-determinative provision--contrary intention The master of a vessel is charged with contravening the Liquor Act 2001 (hypothetical), section 126 by selling liquor on or from 'licensed premises' otherwise than at a time authorised by the Act. It is claimed that the sale took place on the vessel. The Act defines 'licensed premises' to mean that part or those parts of a building or buildings and of the land adjoining it or them as defined by the licensing court. It is argued that the complaint is defective in that a vessel cannot be 'licensed premises'. However, section 126 is expressed to apply to 'a licensee, servant, agent or master who sells liquor on or from licensed premises'. In this case, the reference to 'master' indicates a contrary intention indicating that the section is intended to apply to liquor sold on or from vessels. Example of concurrent operation (no displacement) The Small Clubs Act 2002 (hypothetical) contains the following provision about how notice of the club's annual general meeting may be served on members of a registered small club: 60 Serving notice of annual general meeting The executive committee of a registered small club may serve notice of the annual general meeting of the club on members by pinning the notice to a noticeboard in the club house. This Act, section 247, a non-determinative provision, allows a document to be served on an individual under an Act in a number of ways (by giving the document to the individual, by sending it by prepaid post etc), but does not mention pinning the document to a noticeboard as a method of giving the notice. Section 247 is not displaced by the Small Clubs Act 2002, section 60, because-- o section 60 does not expressly displace section 247 nor does it indicate a contrary intention (see s 6 (1) and (3)) and, in particular, section 60 does not indicate an intention that the method of service it authorises is to be the only method of serving notice of annual general meetings on members of small clubs; and o the application of section 247 is not displaced by any presumption or rule of interpretation (see s 6 (5)); and o sections 60 and 247 can operate concurrently (see s 6 (6)) by allowing complementary methods of service; and o the fact that sections 60 and 247 deal with the same (or a similar) subject matter does not of itself displace section 247 (see s 6 (7) and also s 6 (5)). It follows, therefore, that the executive committee is free to serve notice of the annual general meeting under section 60 or section 247. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 7 Meaning of Act generally (1) An Act is an Act of the Legislative Assembly. (2) An Act of the Legislative Assembly is a law (however described or named) made by the Legislative Assembly under the Self-Government Act. (3) A reference to an "Act" includes a reference to a provision of an Act. Note 1 Section 17 deals with former Commonwealth enactments, and former NSW and UK Acts, that have become ACT Acts. Note 2 Section 100 (1) deals with references to particular Acts. LEGISLATION ACT 2001 - SECT 8 Meaning of subordinate law (1) A subordinate law is a regulation, rule or by-law (whether or not legislative in nature) made under-- (a) an Act; or (b) another subordinate law; or (c) power given by an Act or subordinate law and also power given otherwise by law. (2) A reference to a "subordinate law" includes a reference to a provision of a subordinate law. LEGISLATION ACT 2001 - SECT 9 Meaning of disallowable instrument (1) A "disallowable instrument" is-- (a) a statutory instrument (whether or not legislative in nature) that is declared to be a disallowable instrument by an Act, subordinate law or another disallowable instrument; or (b) a determination of fees or charges by a Minister under an Act or subordinate law. Note Statutory instrument is defined in s 13. (2) A reference to a "disallowable instrument" includes a reference to a provision of a disallowable instrument. LEGISLATION ACT 2001 - SECT 10 Meaning of notifiable instrument (1) A notifiable instrument is a statutory instrument (whether or not legislative in nature) that is declared to be a notifiable instrument by an Act, subordinate law, disallowable instrument or another notifiable instrument. (2) A reference to a "notifiable instrument" includes a reference to a provision of a notifiable instrument. LEGISLATION ACT 2001 - SECT 11 Meaning of commencement notice (1) A commencement notice is a statutory instrument that fixes or otherwise determines the commencement of an Act, subordinate law, disallowable instrument or notifiable instrument. (2) A reference to a "commencement notice" includes a reference to a provision of a commencement notice. LEGISLATION ACT 2001 - SECT 12 Meaning of legislative instrument (1) A legislative instrument is-- (a) a subordinate law; or (b) a disallowable instrument; or (c) a notifiable instrument; or (d) a commencement notice. (2) A reference to a "legislative instrument" includes a reference to a provision of a legislative instrument. LEGISLATION ACT 2001 - SECT 13 Meaning of statutory instrument (1) A statutory instrument is an instrument (whether or not legislative in nature) made under-- (a) an Act; or (b) another statutory instrument; or (c) power given by an Act or statutory instrument and also power given otherwise by law. (2) A "statutory instrument" includes a subordinate law, disallowable instrument, notifiable instrument and commencement notice. (3) A reference to a "statutory instrument" includes a reference to a provision of a statutory instrument. LEGISLATION ACT 2001 - SECT 14 Meaning of instrument (1) An instrument is any writing or other document. Note Writing is defined in the dictionary, pt 1. (2) A reference to an "instrument "includes a reference to a provision of an instrument. LEGISLATION ACT 2001 - SECT 15 Meaning of authorised republication (1) An authorised republication is a republication of a law authorised by the parliamentary counsel under this Act. (2) A reference to an "authorised" republication includes a reference to a provision of an authorised republication. (3) In this section: "law"--see section 107 (Definitions for ch 11). LEGISLATION ACT 2001 - SECT 16 Meaning of provision A provision of an Act or instrument is any words or anything else that forms part of the Act or instrument. Examples of provisions consisting of groups of words sections, subsections, paragraphs, subparagraphs, sub-subparagraphs, examples Examples of provisions consisting of groups of other provisions chapters, parts, divisions, subdivisions, schedules Note 1 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 s 126 and s 132). Note 2 See s 126 and s 127 for material that is, or is not, part of an Act or statutory instrument. Notes on sources of law Note 1 The laws in force in the ACT consist of the written law and various unwritten laws known as the principles and rules of common law and equity. Note 2 The written law of the Territory consists primarily of laws, known as Acts, made by the Legislative Assembly. It also includes regulations, rules of court and other legislative instruments made under specific powers given by Acts. (Written laws made under an Act are commonly called 'subordinate' or 'delegated' legislation.) Note 3 Before self-government, ordinances made by the Governor-General under the Seat of Government (Administration) Act 1910 (Cwlth) were the main form of legislation made for the ACT. Most of the ordinances in force at self-government have been converted into Acts (see the Self-Government Act, s 34). However, the Governor-General has power to make ordinances for the ACT on a limited number of topics (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Note 4 The written laws in force in the ACT also include the Commonwealth Constitution, Commonwealth Acts, and regulations and other legislative instruments made under Commonwealth Acts. As a general rule, Commonwealth Acts and legislative instruments apply in the ACT in the same way as they apply in other parts of Australia. Commonwealth Acts and instruments prevail over the Acts made by the Legislative Assembly to the extent to which they are inconsistent (see Self-Government Act, s 28). Note 5 Certain Acts of New South Wales and the United Kingdom also formed part of the written laws in force in the ACT. Because of the Interpretation Act 1967, s 65, these are now taken to be laws made by the Legislative Assembly as if they had been enacted by the Assembly. (Section 65 has expired, but its previous operation was saved-see s 65 (3)). These Acts are listed in sch 1. LEGISLATION ACT 2001 - SECT 17 References to Acts include references to former Cwlth enactments etc (1) A reference to an "Act" includes a reference to a former Commonwealth enactment. (2) Without limiting subsection (1), a reference to an "Act" includes a reference to a former NSW Act or former UK Act mentioned in schedule 1. (3) In this section: "former Commonwealth enactment "means a Commonwealth Act or ordinance, a New South Wales Act or Imperial Act that is-- (a) an enactment within the meaning of the Self-Government Act because of that Act, section 34; or (b) an enactment because of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 10 (3) or section 12 (2) or (3). LEGISLATION ACT 2001 - SECT 18 ACT legislation register (1) The parliamentary counsel must establish and maintain a register of Acts and statutory instruments (the ACT legislation register). (2) The register must be kept electronically. Example of how register may be kept The register may be kept in the form of, or as part of, 1 or more computer databases, and may include data compiled electronically from the databases. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 19 Contents of register (1) The ACT legislation register must contain the following: (a) authorised republications of laws currently in force; (b) Acts as made; (c) subordinate laws as made; (d) disallowable instruments as made; (e) notifiable instruments as made; (f) commencement notices as made; (g) resolutions passed, or taken to have been passed, by the Legislative Assembly to disallow a subordinate law or disallowable instrument; (h) resolutions passed, or taken to have been passed, by the Legislative Assembly to amend a subordinate law or disallowable instrument; (i) bills presented to the Legislative Assembly; (j) explanatory statements for bills, and amendments of bills, presented to the Legislative Assembly; (k) explanatory statements, and regulatory impact statements under chapter 5, for subordinate laws and disallowable instruments. (2) The ACT legislation register must also contain the following: (a) notifications of the making of Acts; (b) notifications of the making of subordinate laws; (c) notifications of the making of disallowable instruments; (d) notifications of the making of notifiable instruments; (e) notifications of the making of commencement notices; (f) notifications of the disallowance of subordinate laws or disallowable instruments under section 65 (Disallowance by resolution of Assembly); (g) notifications of the amendment of subordinate laws or disallowable instruments under section 68 (Amendment by resolution of Assembly). (3) The parliamentary counsel may enter additional material in the register if the parliamentary counsel considers that it is likely to be useful to users of the register. (4) Without limiting subsection (3), the additional material may include the following: (a) unauthorised republications of laws currently in force; (b) past versions of unauthorised republications; (c) past versions of authorised republications; (d) statutory instruments that are not legislative instruments; (e) repealed Acts and statutory instruments; (f) Commonwealth laws that apply in or in relation to the ACT; (g) material relevant to interpreting the rights set out in the Human Rights Act 2004, including documents mentioned in that Act, dictionary, definition of international law. Note The following sections of the Act deal with the entry of material in the register: o s 28 (Notification of Acts) o s 61 (Notification of legislative instruments) o s 65A (Notification of disallowance by resolution of Assembly) o s 69 (Notification of amendments made by resolution of Assembly) o s 108 (Republication in register). (5) The parliamentary counsel may enter additional material in the register in any way the parliamentary counsel considers is likely to be helpful to users of the register. Examples 1 A uniform legislative scheme is entered into under heads of agreement signed on behalf of the Commonwealth, States and Territories. The Legislative Assembly later passes an Act to implement the scheme on behalf of the ACT and the Act is notified and entered in the register. The agreement is also entered in the register as a notifiable instrument with a notifiable instrument number even though the instrument is not taken to be a notifiable instrument under section 10 (Meaning of notifiable instrument). The page of the register for the Act contains the heading 'Legislative instruments' and the agreement is listed underneath. The page of the register for the agreement gives particulars for the agreement and mentions that it is not a notifiable instrument but is included in the register for information. 2 An instrument under the Self-Government Act notifying the appointment of Ministers is entered in the register as a notifiable instrument even though the instrument is not taken to be a notifiable instrument under section 10 (Meaning of notifiable instrument). The instrument is also numbered as a notifiable instrument. The page of the register for the notification mentions that it is made under the Self-Government Act and is not a notifiable instrument but is included in the register for information. 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 s 126 and s 132). (6) Without limiting subsection (3) or (5), a regulation may prescribe requirements to be satisfied for additional material to be entered in the register under this section, including, for example, requirements about-- (a) the form of the material; and (b) the making of requests for its entry in the register. (7) A regulation may also make provision about the following in relation to instruments (other than legislative instruments) to be entered in the register under this section: (a) the numbering of the instruments by the parliamentary counsel, whether in a series of numbers allocated under section 59 (Numbering) or otherwise; (b) the identification of the instruments, including, for example, authorising the parliamentary counsel to-- (i) add a name to an unnamed instrument; or (ii) amend an instrument's name; or (iii) add notes to an instrument to assist in its identification; or (iv) do anything else in relation to an instrument to assist users of the register to identify or refer to the instrument. (8) If the register contains an authorised republication of a law currently in force, and the law is amended, the parliamentary counsel must replace the republication with an authorised republication of the law as amended. (9) If the register contains an authorised republication of a law, and the law is repealed, expires or, for a subordinate law or disallowable instrument, is disallowed by the Legislative Assembly, the parliamentary counsel must ensure that the republication is no longer shown as a republication of law currently in force. (10) If the parliamentary counsel considers it likely to be useful to users of the register to enter information (in any form) in the register, the parliamentary counsel may enter the information at any time. Example guides and indexes to the register (11) If an Act passed by the Legislative Assembly, or a legislative instrument made, before the commencement of this Act need not be notified under this Act, the parliamentary counsel may enter the text of the Act or instrument in the register. (12) The parliamentary counsel may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations. (13) In this section: "amended" includes modified. "law"--see section 107 (Definitions for ch 11). "repealed" includes lapsed and expired. LEGISLATION ACT 2001 - SECT 20 Prompt registration The parliamentary counsel must ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly. LEGISLATION ACT 2001 - SECT 21 Approved web site (1) The parliamentary counsel must approve an internet site, and may approve additional internet sites, for this Act. (2) The parliamentary counsel may enter into agreements or arrangements to ensure that users can authenticate an approved web site or the material accessible on an approved web site. LEGISLATION ACT 2001 - SECT 22 Access to registered material at approved web site (1) The parliamentary counsel must ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) (Contents of register) is accessible at all times on an approved web site. (2) Access is to be provided without charge by the Territory. LEGISLATION ACT 2001 - SECT 22A Definitions for ch 3 In this chapter: "law" means an Act or statutory instrument, whether or not it has been amended, and includes, in relation to a republication-- (a) a collection of 2 or more Acts or statutory instruments; or (b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). "legislative material" means material (other than a law or provision of a law) relating to an Act or statutory instrument. Examples of legislative material 1 Additional material entered in the register under section 19 (3) (Contents of register) that is not an Act or statutory instrument, for example, appointments of Ministers. Ministers are appointed by the Chief Minister under the Self-Government Act, section 41. An instrument notifying an appointment may be entered in the register even though the instrument is not a statutory instrument. 2 Material that may be considered under chapter 14 in working out the meaning of an Act or statutory instrument, for example, an explanatory statement for the bill that became the relevant Act that was presented to the Legislative Assembly before the Act was passed. 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 s 126 and s 132). "republication" includes part of a republication. LEGISLATION ACT 2001 - SECT 23 Authorisation of versions by parliamentary counsel The parliamentary counsel may authorise written or electronic versions of a law, republication or legislative material. Note Written includes printed (see dict, pt 1, def writing). LEGISLATION ACT 2001 - SECT 24 Authorised electronic versions (1) An electronic copy of a law, republication or legislative material is an authorised version if-- (a) it is accessed at, or downloaded from, an approved web site in a format authorised by the parliamentary counsel; or (b) it is authorised by the parliamentary counsel and is in the format in which it is authorised by the parliamentary counsel. Example of authorised electronic format a locked pdf file 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 s 126 and s 132). (2) It is presumed, unless the contrary is proved-- (a) that an internet site purporting to be an approved web site is an approved web site; and (b) that an electronic copy of a law, republication or legislative material accessed at, or downloaded from, an approved web site and purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (c) that any other electronic copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (d) that an authorised electronic version of an Act or statutory instrument correctly shows the Act or instrument; and (e) that an authorised electronic version of a republication of a law correctly shows the law as at the republication date; and (f) that an authorised electronic version of legislative material correctly shows the material. Examples of an electronic copy of a republication purporting to be authorised by the parliamentary counsel 1 The republication has the words 'Authorised by the ACT Parliamentary Counsel' on the front cover and the words 'Authorised when accessed at www.legislation.act.gov.au or in authorised printed form' at the foot of each page of the republication. 2 The republication has the words 'Authorised by the ACT Parliamentary Counsel' on the front cover and the words 'Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au' at the foot of each page of the republication. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference to a republication includes a reference to part of a republication (see s 22A def republication). LEGISLATION ACT 2001 - SECT 25 Authorised written versions (1) A written copy of a law, republication or legislative material is an authorised version if-- (a) it is a written copy produced directly from an authorised electronic version of the law, republication or legislative material; or (b) it is a written copy of another version of the law, republication or legislative material authorised by the parliamentary counsel. Example for par (a) An authorised electronic version of an Act is downloaded from an approved web site and printed. The printed copy is an authorised written version of the Act. 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 s 126 and s 132). (2) It is presumed, unless the contrary is proved-- (a) that a written copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (b) that an authorised written version of an Act or statutory instrument correctly shows the Act or instrument; and (c) that an authorised written version of a republication of a law correctly shows the law as at the republication date; and (d) that an authorised written version of legislative material correctly shows the material. Examples of a written copy of a republication purporting to be authorised by the parliamentary counsel 1 The republication has the words 'Authorised by the ACT Parliamentary Counsel' on the front cover and the words 'Authorised by the parliamentary counsel and printed by authority of the ACT Government' at the foot of each page of the republication. 2 The republication has the words 'Authorised by the ACT Parliamentary Counsel and printed by authority of the ACT Government' on the front cover and the words 'Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au' at the foot of each page of the republication. 3 The republication has the words 'Authorised by the ACT Parliamentary Counsel' on the front cover and the words 'Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au' at the foot of each page of the republication. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference to a republication includes a reference to part of a republication (see s 22A def republication). LEGISLATION ACT 2001 - SECT 26 Judicial notice of certain matters (1) Proof is not required about-- (a) the passing of a proposed law by the Legislative Assembly or its notification in the register or the gazette; or (b) the making, or notification or publication in the register or the gazette, of a subordinate law, disallowable instrument, notifiable instrument, commencement notice or any other statutory instrument; or (c) the approval (however described) of a statutory instrument by the Executive, a Minister or any other entity; or (d) the provisions of an Act, subordinate law, disallowable instrument, notifiable instrument, commencement notice or any other statutory instrument; or (e) the commencement of an Act, subordinate law, disallowable instrument, notifiable instrument, or any other statutory instrument; or (f) the presentation of a subordinate law, disallowable instrument or any other statutory instrument to the Legislative Assembly; or (g) anything done or not done by or in the Legislative Assembly in relation to a subordinate law, disallowable instrument or any other statutory instrument; or (h) amendments or other changes made under chapter 11 (Republication of Acts and statutory instruments); or (i) the authorisation of a republication under this Act, the provisions of an authorised republication or the republication date of an authorised republication. (2) A court or tribunal may inform itself of anything mentioned in subsection (1) in any way it considers appropriate. Examples of ways that may be appropriate 1 using a version of an Act downloaded from an approved web site using the internet 2 using information obtained from an approved web site using the internet 3 using an authorised written version of a republication 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 s 126 and s 132). (3) However, the court or tribunal must consider whether the source it intends to use appears to be a reliable source of information. (4) For subsection (3), an authorised version of a law, republication or legislative material is a reliable source of information. (5) This section does not limit any other law providing how a court or tribunal may be informed about a matter mentioned in subsection (1). LEGISLATION ACT 2001 - SECT 27 Numbering of Acts The Acts passed in each year are to be numbered as nearly as practicable in the order in which they are passed. LEGISLATION ACT 2001 - SECT 28 Notification of Acts (1) If a proposed law is passed by the Legislative Assembly, the Speaker must ask the parliamentary counsel to notify the making of the law. (2) If the Speaker asks the parliamentary counsel to notify the making of the proposed law, the parliamentary counsel must-- (a) notify the making of the law in the register; or (b) if it is not practicable to notify the making of the proposed law in the register--notify the making of the law in the gazette. (3) If the Speaker asks the parliamentary counsel to notify the making of the proposed law on a particular day, the parliamentary counsel must notify the making of the law on that day unless it is impracticable to do so. (4) The making of the proposed law is notified in the register by entering in the register-- (a) a statement that the law has been passed by the Legislative Assembly; and (b) the text of the law. (5) The making of the proposed law is notified in the gazette by-- (a) publishing the text of the law in the gazette; or (b) publishing in the gazette a statement-- (i) that the law has been passed by the Legislative Assembly; and (ii) of the place or places where copies of the law can be obtained (whether by purchase or otherwise). (6) If the making of the proposed law is notified in the gazette, the parliamentary counsel must enter in the register-- (a) a statement that the law has been passed by the Legislative Assembly; and (b) a statement that the law was notified in the gazette on a stated date; and (c) the text of the law. (7) If the making of the proposed law is notified in the gazette by publishing the statement mentioned in subsection (5) (b), copies of the law must be available on the day of publication (the gazette date), or as soon as practicable after the gazette date, at the place, or each of the places, stated in the gazette. (8) If on the gazette date no copies of the law are available at the place, or any of the places, stated in the gazette, the parliamentary counsel must give the Minister a statement-- (a) that copies of the law were not available; and (b) explaining why they were not available. (9) The Minister must present the statement to the Legislative Assembly not later than 6 sitting days after the gazette date. (10) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 29 References to enactment or passing of Acts In an Act or statutory instrument, a reference to the enactment or passing of an Act is a reference to the making of the Act having been notified in the register or the gazette. LEGISLATION ACT 2001 - SECT 30 References to notification of Acts In an Act or statutory instrument, a reference to the notification of an Act is a reference to the making of the Act having been notified in the register or the gazette. LEGISLATION ACT 2001 - SECT 31 Definitions for ch 5 In this chapter: "authorising law", in relation to a proposed subordinate law or disallowable instrument (the "proposed law"), means the Act or statutory instrument (and, if appropriate, the provision of the Act or statutory instrument) under which the proposed law will be made. "benefits" includes-- (a) advantages; and (b) direct and indirect economic, environmental and social benefits. "costs" includes-- (a) burdens and disadvantages; and (b) direct and indirect economic, environmental and social costs. "scrutiny committee principles" means the terms of reference of the Legislative Assembly's Standing Committee on Legal Affairs that apply to subordinate laws and disallowable instruments. LEGISLATION ACT 2001 - SECT 32 Other publication or consultation requirements not affected (1) Part 5.2 (Requirements for regulatory impact statements) does not affect any requirements in any other territory law for publication or consultation about a proposal to make a subordinate law or disallowable instrument. (2) Part 5.2 does not apply to the subordinate law or disallowable instrument if the requirements are of a comparable level to publication and consultation under the part. LEGISLATION ACT 2001 - SECT 33 Guidelines about costs of proposed subordinate laws and disallowable instruments (1) The Minister may issue guidelines to be applied in deciding whether a proposed subordinate law or disallowable instrument is, or is not, likely to impose appreciable costs on the community or a part of the community. (2) A guideline is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under this Act. LEGISLATION ACT 2001 - SECT 34 Preparation of regulatory impact statements (1) If a proposed subordinate law or disallowable instrument (the proposed law) is likely to impose appreciable costs on the community, or a part of the community, then, before the proposed law is made, the Minister administering the authorising law (the administering Minister) must arrange for a regulatory impact statement to be prepared for the proposed law. (2) However, this section does not apply to the proposed law if the administering Minister exempts the proposed law from subsection (1). Note Section 32 and s 36 also state other circumstances when a regulatory impact statement is not required. (3) An exemption under subsection (2) (the RIS exemption) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under this Act. (4) If the RIS exemption is disallowed under this Act after the proposed law has been made, the administering Minister must arrange for a regulatory impact statement to be prepared for the subordinate law or disallowable instrument. (5) The regulatory impact statement prepared under subsection (4) must be presented to the Legislative Assembly not later than 5 sitting days after the day the RIS exemption is disallowed. (6) This chapter (other than section 37 (When must regulatory impact statement be presented?)) applies to the law as if the law were a proposed subordinate law or disallowable instrument. LEGISLATION ACT 2001 - SECT 35 Content of regulatory impact statements A regulatory impact statement for a proposed subordinate law or disallowable instrument (the proposed law) must include the following information about the proposed law in clear and precise language: (a) the authorising law; (b) a brief statement of the policy objectives of the proposed law and the reasons for them; (c) a brief statement of the way the policy objectives will be achieved by the proposed law and why this way of achieving them is reasonable and appropriate; (d) a brief explanation of how the proposed law is consistent with the policy objectives of the authorising law; (e) if the proposed law is inconsistent with the policy objectives of another territory law-- (i) a brief explanation of the relationship with the other law; and (ii) a brief explanation for the inconsistency; (f) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making a subordinate law or disallowable instrument) and why the alternative was rejected; (g) a brief assessment of the benefits and costs of implementing the proposed law that-- (i) if practicable and appropriate, quantifies the benefits and costs; and (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (f); (h) a brief assessment of the consistency of the proposed law with the scrutiny committee principles and, if it is inconsistent with the principles, the reasons for the inconsistency. LEGISLATION ACT 2001 - SECT 36 When is preparation of regulatory impact statement unnecessary? (1) A regulatory impact statement need not be prepared for a proposed subordinate law or disallowable instrument (the proposed law) if the proposed law only provides for, or to the extent it only provides for, any of the following: (a) a matter that is not of a legislative nature, including, for example, a matter of a machinery, administrative, drafting or formal nature; (b) a matter that does not operate to the disadvantage of anyone (other than the Territory or a territory authority or instrumentality) by-- (i) adversely affecting the person's rights; or (ii) imposing liabilities on the person; (c) an amendment of a territory law to take account of current legislative drafting practice; (d) the commencement of an Act or statutory instrument; Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). (e) an amendment of a territory law that does not fundamentally affect the law's application or operation; (f) a matter of a transitional character; (g) a matter arising under a territory law that is part of a uniform scheme of legislation or complementary with legislation of the Commonwealth, a State or New Zealand; (h) a matter involving the adoption of an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, if an assessment of the benefits and costs has already been made and the assessment was made for, or is relevant to, the ACT; (i) a proposal to make, amend or repeal rules of court; (j) a matter advance notice of which would enable someone to gain unfair advantage; (k) an amendment of a fee, charge or tax consistent with announced government policy. (2) A regulatory impact statement also need not be prepared for the proposed law if, or to the extent that, it would be against the public interest because of the nature of the proposed law or the circumstances in which it is made. Example A law may need to be made urgently for controlling the spread of a disease or dealing with another urgent situation. Note 1 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 this Act, s 126 and s 132). Note 2 Section 32 and s 34 also state other circumstances when a regulatory impact statement is not required. LEGISLATION ACT 2001 - SECT 37 When must regulatory impact statement be presented? (1) This section applies if a regulatory impact statement for a proposed subordinate law or disallowable instrument (the proposed law) has been prepared and the proposed law is made. (2) The statement must be presented to the Legislative Assembly with the subordinate law or disallowable instrument. LEGISLATION ACT 2001 - SECT 38 Effect of failure to comply with pt 5.2 (1) Failure to comply with part 5.2 (Requirements for regulatory impact statements) in relation to a subordinate law or disallowable instrument (the "law") does not-- (a) affect the law's validity; or (b) create rights or impose legally enforceable obligations on the Territory, a Minister or anyone else. (2) In addition, a decision made, or appearing to be made, under part 5.2 is final and conclusive. (3) In this section: "decision" includes-- (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. LEGISLATION ACT 2001 - SECT 39 Meaning of matter in ch 6 In this chapter: "matter", in relation to a statutory instrument, includes circumstance, person, place and purpose. LEGISLATION ACT 2001 - SECT 40 Presumption of validity It is presumed, unless the contrary is proved, that all conditions and steps required for the making of a statutory instrument have been satisfied and carried out. LEGISLATION ACT 2001 - SECT 41 Making of certain statutory instruments by Executive (1) This section applies if an Act authorises or requires the Executive to make a subordinate law or disallowable instrument. (2) The subordinate law or disallowable instrument is taken to be made by the Executive if-- (a) it is signed by 2 or more Ministers who are members of the Executive; and (b) 1 of the signing Ministers is the responsible Minister. (3) A subordinate law or disallowable instrument made in accordance with subsection (2) is taken to be made when it is signed by the second Minister signing. (4) Subsection (2) (b) does not apply if the responsible Minister cannot sign because he or she is absent from the ACT, ill or on leave. (5) In this section: "responsible Minister" means-- (a) the Minister for the time being administering the Act; or (b) if, for the time being, different Ministers administer the Act in relation to different matters-- (i) if only 1 Minister administers the Act in relation to the relevant matter--that Minister; or (ii) if 2 or more Ministers administer the Act in relation to the relevant matter--any of the Ministers; or (iii) if subparagraph (ii) does not apply and, for the time being, 2 or more Ministers administer the Act--any of the Ministers; but does not include a Minister for the time being acting on behalf of the Minister or 2 or more Ministers. LEGISLATION ACT 2001 - SECT 42 Power to make statutory instruments (1) If an Act or statutory instrument gives a power that can be exercised by making an instrument, the Act or statutory instrument gives power to make the instrument. Example An Act gives a Minister power to approve codes of practice, but does not require the approval to be in writing or to be given by a particular instrument. The power can be exercised by giving a written approval. The Act, therefore, gives power to make an instrument, namely, a written approval. 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 s 126 and s 132). (2) If an Act or statutory instrument gives power to make an instrument that would be a legislative instrument, the power can only be exercised by making an instrument. Examples See examples to section 56 (3) and section 255 (3). (3) If an Act or statutory instrument gives power to make an instrument, the power may be exercised from time to time. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 43 Statutory instruments to be interpreted not to exceed powers under authorising law (1) A statutory instrument is to be interpreted as operating to the full extent of, but not to exceed, the power given by the Act or statutory instrument under which it is made (the authorising law). (2) Without limiting subsection (1), if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power-- (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the instrument is not affected. Example 1 The Agriculture Services Determination 2001, part 4 exceeds the determination-making power given by the Agriculture Services Act 2000 (hypothetical). The other provisions of the determination are within power. The determination (apart from part 4) operates effectively. Part 4 is treated as if it did not form part of the determination and is disregarded. Note to example 1 The kind of interpretation indicated in example 1 is known as a divisible interpretation of the determination. Example 2 The Goats Regulation 2001 (hypothetical) is made under the Goats Act 2001. The Goats Regulation 2001, section 39 seeks to impose rules about the care of 'animals', but the Act only gives power to make regulations about goats. Section 39 is read restrictively ('read down') as if it mentioned goats. In other words, the section is effective but treated as if it applied only to goats. Note to example 2 The kind of interpretation indicated in example 2 is known as a distributive interpretation of the regulation. Example 3 The Wombat Protection Act 2003 (hypothetical) provides that the Minister may appoint a Wombat Advocate. The instrument making the appointment states that the appointment is for 5 years, but the maximum term of appointment authorised under the Act is 4 years. The instrument is read restrictively ('read down') as if it referred to 4 years. In other words, the instrument is effective but the appointment is only valid for 4 years. Note to example 3 The kind of interpretation indicated in example 3 is known as a distributive interpretation of the instrument. 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 s 126 and s 132). (3) Without limiting subsection (1), if the application of a provision of a statutory instrument to a matter would, apart from this section, be interpreted as exceeding power, the provision's application to other matters is not affected. Example The Community Safety Order 2001 is expressed to apply to all members of the community without qualification although it is in fact made under the Building Industry (Safety) Act 2000 (hypothetical). That Act is restricted in its operation to the building industry. The order is cast in such wide terms that it cannot be interpreted divisibly or distributively. However, the order applies to entities such as XYZ Constructions Pty Ltd because it is a company in the construction industry. (4) This section is in addition to any provision of the statutory instrument or authorising law. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 44 Power to make statutory instruments for Act etc (1) If an Act or statutory instrument (the authorising law) authorises or requires the making of a statutory instrument for the authorising law or another Act or statutory instrument (the other law), the power authorises a statutory instrument to be made in relation to any matter that-- (a) is required or permitted to be prescribed by the authorising law or other law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law. (2) Subsection (1) applies to the authorising law even though the authorising law-- (a) only authorises the making of a statutory instrument for the authorising law; or (b) also authorises or requires the making of a statutory instrument about a particular matter. (3) Power given by the authorising law to make a statutory instrument about a particular matter does not limit power given by the authorising law or other law to make a statutory instrument (whether or not of the same kind) about any other matter. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 45 Power to make court rules (1) The power of an entity to make rules for a court includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the court's jurisdiction under any law that authorises or requires anything to be done in or in relation to the court. (2) This section is additional to section 44. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "court" includes a tribunal. "disallowable instrument", for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law. "law" means-- (a) an Act, subordinate law or disallowable instrument; or Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). (b) a Commonwealth Act or a disallowable instrument under a Commonwealth Act (or a provision of such an Act or instrument). LEGISLATION ACT 2001 - SECT 46 Power to make instrument includes power to amend or repeal (1) Power given under an Act or statutory instrument (the "authorising law") to make a statutory instrument includes power to amend or repeal the instrument. (2) The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument. Examples 1 If the instrument is a disallowable instrument, an amendment or repeal of the instrument is also a disallowable instrument. 2 If the instrument is a notifiable instrument, an amendment or repeal of the instrument is also a notifiable instrument. 3 If notice of the making of the instrument must be published in a newspaper, notice of an amendment or repeal of the instrument must also be published in the newspaper. 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 s 126 and s 132). (3) Despite subsection (1), a form that is a legislative instrument may be repealed or repealed and remade (with or without changes), but may not be amended. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 47 Statutory instrument may make provision by applying law or instrument (1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law) authorises or requires the making of a statutory instrument (the relevant instrument) about a matter. (2) The relevant instrument may make provision about the matter by applying an ACT law-- (a) as in force at a particular time; or (b) as in force from time to time. (3) The relevant instrument may make provision about the matter by applying a law of another jurisdiction, or an instrument, as in force only at a particular time. Note For information on the operation of s (3), see the examples to s (9). (4) If the relevant instrument makes provision about the matter by applying a law of another jurisdiction or an instrument, the following provisions apply: (a) if subsection (3) is displaced by, or under authority given by, an Act or the authorising law--the law of the other jurisdiction or instrument is applied as in force from time to time; Note For the displacement of s (3), see s 6, examples 1 and 2. (b) if subsection (3) is not so displaced and the relevant instrument does not provide that the law of the other jurisdiction or instrument is applied as in force at a particular time--the law or instrument is taken to be applied as in force when the relevant instrument is made. Examples for s (4) (b) 1 The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) provides for the making of claims against a compensation fund. Section 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act) as in force from time to time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace subsection (3). Therefore, even though section 43 purports to apply the NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003 is applied by the determination. 2 The Locust Damage Compensation Determination 2003 (mentioned in example 1), section 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act), but does not state that the NSW Act is to be applied as in force from time to time or at a particular time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace subsection (3). Therefore, the NSW Act as in force on 1 August 2003 is applied by the determination. 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 s 126 and s 132). (5) If a law of another jurisdiction or an instrument is applied as in force at a particular time, the text of the law or instrument (as in force at that time) is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument. (6) If subsection (3) is displaced and a law of another jurisdiction or an instrument is applied as in force from time to time, the text of each of the following is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument: (a) the law or instrument as in force at the time the relevant instrument is made; (b) each subsequent amendment of the law or instrument; (c) if the law or instrument is repealed and remade (with or without changes)--the law or instrument as remade and each subsequent amendment of the law or instrument; (d) if a provision of the law or instrument is omitted and remade (with or without changes) in another law or instrument--the provision as remade and each subsequent amendment of the provision. (7) The authorising law or, if the relevant instrument is a subordinate law or disallowable instrument, the relevant instrument may provide that-- (a) subsection (5) or (6) does not apply to the relevant instrument; or (b) subsection (5) or (6) applies with the modifications stated in the authorising law or relevant instrument. (8) If a provision of an Act, subordinate law or disallowable instrument authorises or requires the application of a law or instrument, the provision authorises the making of changes or modifications to the law or instrument for that application. (9) This section is a determinative provision. Examples for s (3) and s (9) Here are 2 examples about the operation of subsections (3) and (9): the first illustrates how subsection (3) might be displaced and the second illustrates how a law of another jurisdiction that applies as in force from time to time would operate-- 1 The effect of subsections (3) and (9), and subsection (10), definition of "applying", is that if it is intended to apply, adopt or incorporate a law or instrument as in force from time to time, the authorising law would need to expressly displace subsection (3) (as illustrated in s 6, examples of different kinds of displacement, example 1) or indicate a manifest contrary intention (as illustrated in example 2 in those examples). 2 The ABC Regulation 2001 (made under a provision like those illustrated in section 6, examples of different kinds of displacement, examples 1 and 2) provides that noise measurements are to be taken in accordance with the NSW noise control manual as in force from time to time. The effect of the ABC Regulation 2001 is that whenever the NSW noise control manual is amended in future, the noise measurements must be taken in accordance with the manual as last amended. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (10) In this section: "ACT law" means an Act, subordinate law or disallowable instrument. Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). "applying" includes adopting or incorporating. Note See also s 157 (Defined terms-other parts of speech and grammatical forms). "disallowable instrument", for a Commonwealth Act, means an instrument that can be disallowed under the Legislative Instruments Act 2003 (Cwlth), part 5 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law. "instrument" includes a provision of an instrument, but does not include an ACT law or a law of another jurisdiction. "law of another jurisdiction "means-- (a) a Commonwealth Act or a disallowable instrument under a Commonwealth Act; or (b) a State Act, or any regulation or rule under a State Act; or (c) a New Zealand or Norfolk Island Act, or any regulation or rule under a New Zealand or Norfolk Island Act; or (d) a provision of a law mentioned in paragraphs (a) to (c). LEGISLATION ACT 2001 - SECT 48 Power to make instrument includes power to make different provision for different categories etc (1) Power given under an Act or statutory instrument to make a statutory instrument includes power-- (a) to make different provision in relation to different matters or different classes of matters; or (b) to make an instrument that applies differently by reference to stated exceptions or factors. (2) Without limiting subsection (1), power given under an Act or statutory instrument to make a statutory instrument about particular matters includes power to make a statutory instrument about any 1 or more of the matters or a particular class of the matters. (3) For this section, a class may consist of a single matter. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 49 Single instrument may exercise several powers or satisfy several requirements (1) Power given under an Act or statutory instrument may be exercised with any other power to make a single instrument-- (a) whether or not the powers are exercised in relation to separate provisions, some of the same provisions, or all of the provisions, of the instrument; or (b) whether or not the other powers are given under the same Act or statutory instrument, another Act or statutory instrument or any other territory law. (2) A statutory instrument is taken-- (a) to be made under each power given under territory law under which it could be made; and (b) to satisfy each requirement under territory law that it could satisfy. (3) Without limiting subsection (2), that subsection applies to an instrument even though-- (a) it is stated to be made under a particular territory law (the authorising law) or a particular provision of the authorising law; and (b) it is stated to be made for a particular territory law (the requiring law) or a particular provision of the requiring law. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 50 Relationship between authorising law and instrument dealing with same matter (1) If an Act or statutory instrument (the authorising law) gives power to make a statutory instrument about a matter, the instrument may make provision in relation to a particular aspect of the matter even though provision is made by the authorising law in relation to another aspect of the matter or in relation to another matter. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 51 Instrument may make provision in relation to land by reference to map etc (1) This section applies if an Act or statutory instrument authorises or requires provision to be made by statutory instrument in relation to land or waters. (2) Provision may be made by reference to-- (a) a particular map or plan held by an entity; or (b) a particular entry in a register kept by an entity; if the map, plan or register is available for inspection (on the internet or otherwise) by members of the public, whether or not on payment of a fee. LEGISLATION ACT 2001 - SECT 52 Instrument may authorise determination of matter etc (1) This section applies if an Act or statutory instrument (the authorising law) authorises or requires provision to be made about a matter by statutory instrument. (2) A statutory instrument made under the authorising law may make provision about the matter by authorising or requiring a stated entity to make provision about the matter, or any aspect of the matter, whether or not from time to time. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "provision", for a matter, includes determining or regulating the matter, applying the instrument to the matter, being satisfied or forming an opinion about anything relating to the matter, or doing anything else in relation to the matter. Example If an Act provides that an application is to be in a prescribed form, a regulation made under the Act may provide that the form is to be a form approved by the Minister. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 53 Instrument may prohibit (1) If an Act or statutory instrument authorises or requires a matter to be regulated (however described) by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 54 Instrument may require making of statutory declaration (1) If an Act or statutory instrument (the authorising law) gives power to make a statutory instrument, the instrument may require the making of a statutory declaration. Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under territory laws (see that Act, s 5). (2) Subsection (1) applies-- (a) whether or not the authorising law authorises or requires penalties to be prescribed by instrument; and (b) if the authorising law authorises or requires penalties to be prescribed by instrument--irrespective of the level of penalties that may be prescribed. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 55 Definitions for pt 6.3 In this part: "fee" includes a charge or other amount. "provide" a service includes exercise a function. "service" includes a function or facility. LEGISLATION ACT 2001 - SECT 56 Determination of fees by disallowable instrument (1) This section applies if an Act (the authorising law) authorises fees to be determined for an Act or statutory instrument (the relevant law). (2) The authorising law authorises a fee to be determined in relation to any matter under or related to the relevant law. (3) To remove any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee. Example The X Act, section 15 provides for a person to apply for an approval but makes no mention of a fee for the approval. However, the Act, section 79 (1) provides: (1) The Minister may determine fees for this Act. Because section 79 (1) permits a fee to be determined 'for this Act', this Act, section 56 applies in relation to section 15 and the Minister may, in writing, determine an application fee for the approval. Note 1 The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). Note 2 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 s 126 and s 132). (4) A fee may be determined-- (a) by stating the fee; or (b) by setting a rate, or providing a formula or other method, by which the fee is to be worked out; or (c) by a combination of a stated fee and a rate, formula or other method. Examples of different methods of determining fees An instrument may determine a fee by stating an amount (eg $250), or a rate (eg $7.50 per kilogram). An instrument may also determine a fee by providing a formula. For example, the fee for a licence issued for part of a year could be worked out using the following formula: (5) The determination-- (a) must provide by whom the fee is payable; and (b) must provide to whom the fee is to be paid; and (c) may make provision about the circumstances in which the fee is payable; and (d) may make provision about exempting a person from payment of the fee; and (e) may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and (f) may mention the service for which the fee is payable; and (g) may make provision about waiving, postponing or refunding the fee (completely or partly); and (h) may make provision about anything else relating to the fee. Example for par (a) a provision that the owner for the time being of a vehicle is liable for any unpaid registration fee Examples for par (c) 1 a provision that a document prepared and submitted in accordance with a condition imposed under the Act be accompanied by a fee 2 a provision that royalty ceases to be payable if the percentage of recoverable minerals is less than the prescribed limit Examples for par (e) 1 a provision that a levy is payable within 30 days after the day goods are sold 2 a provision that, if a licensee fails to pay an instalment payable in the financial year within 14 days after the day it is payable, all remaining instalments payable in the financial year become payable Example for par (g) a provision that a stated official may waive all or part of a charge in stated circumstances, including if the official is satisfied about a stated circumstance (6) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 57 Fees payable in accordance with determination etc (1) A fee determined by a disallowable instrument is payable by the person by whom the fee is payable under the determination, in relation to the service (if any) mentioned in the determination and in accordance with the determination, to the person to whom the fee is payable under the determination. (2) If a service is mentioned in the determination, the fee is payable before the service is provided unless the determination provides otherwise. (3) If the fee is payable in relation to a service mentioned in the determination and the fee has not been paid in accordance with the determination, no-one is obliged to provide the service. Examples 1 If a fee for a service is payable in advance under a disallowable instrument and the fee is not paid, there is no obligation to provide the service. 2 If fees for services over a period of time are payable by instalment under a disallowable instrument and the person paying the fees falls behind in payments on the instalments, there is no obligation to provide further services for the person. 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 s 126 and s 132). (4) Subsection (3) applies to a service even though, apart from that subsection, someone is under a duty to provide the service. Example A provision of an Act provides that a registrar 'must' renew a licence if the holder of the licence applies to the registrar for its renewal before the end of the licence term. If a fee is determined for renewal of the licence, the registrar is not required to renew the licence unless the fee is paid. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 58 Regulations may make provision about fees (1) This section applies if an Act (the authorising law)-- (a) authorises or requires fees to be determined for the authorising law, or another Act or a statutory instrument (the fees law); and (b) the authorising law authorises the making of regulations by the Executive. (2) A regulation under the authorising law may make provision in relation to-- (a) the payment, collection and recovery of determined fees; and (b) the waiver, postponement or refund of the fees (completely or partly); and (c) anything else about which provision may, under section 56 (Determination of fees by disallowable instrument), be made by determination in relation to determined fees. (3) The power mentioned in subsection (2) (b) includes power to make provision in relation to an entitlement to a waiver, postponement or refund of determined fees in circumstances prescribed by regulation (including the removal of a statutory capacity). (4) A regulation or the authorising law may make provision in relation to the payment of determined fees by cheque or credit card, including, for example, the consequences of a cheque not being honoured on presentation or a credit card transaction not being honoured. (5) A regulation or the authorising law may make provision in relation to the removal of a statutory capacity if any determined fee-- (a) is not paid when it is required to be paid; or (b) is paid by cheque and the cheque is not honoured on presentation; or (c) is paid by credit card and the credit card transaction is not honoured. (6) A regulation or the authorising law may make provision in relation to the restoration of a statutory capacity (whether prospectively or during any past period). (7) This section is in addition to any provision of the authorising law or fees law. (8) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (9) In this section: "credit card" includes debit card. "removal", of a statutory capacity, includes suspension, cancellation, revocation, withdrawal, surrender or other prescribed restriction or termination of a statutory capacity under the fees law or authorising law. "statutory capacity" includes an accreditation, approval, assessment, authority, certificate, condition, decision, determination, exemption, licence, permission, permit, registration or other prescribed thing giving a status, privilege or benefit under the fees law or authorising law (whether or not required under either law for doing anything). LEGISLATION ACT 2001 - SECT 59 Numbering (1) The legislative instruments registered in each year must be numbered by the parliamentary counsel as nearly as practicable in the order in which they are notified. (2) However, the parliamentary counsel may-- (a) allocate different kinds of legislative instruments to different series for numbering purposes; or (b) add distinguishing letters to numbers to indicate the kind of legislative instrument. Examples 1 The parliamentary counsel may number subordinate laws, disallowable instruments, commencement notices and other legislative instruments in different series. 2 The parliamentary counsel may add the letters 'SL' to the numbers of registered subordinate laws, the letters 'DI' to the numbers of registered disallowable instruments and the letters 'CN' to the numbers of registered commencement notices. 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 s 126 and s 132). (3) Also, a regulation may provide that this section does not apply to a notifiable instrument of a kind prescribed by regulation. LEGISLATION ACT 2001 - SECT 60 Correction etc of name of instrument (1) This section applies if a legislative instrument, or a statutory instrument entered on the register under section 19 (3), is unnamed or the name it gives to itself-- (a) includes a year that is not the year in which the instrument was notified; or (b) is the same as another instrument that has been, or is to be, notified under this Act; or (c) includes a number that is not consecutive with other instruments that have been notified under this Act; or (d) does not include a number that would give the instrument a unique name; or (e) is otherwise not in accordance with current legislative drafting practice. Example for par (c) A legislative instrument has the name 'XYZ Amendment Rule 2000 (No 5)'. Legislative instruments with the names 'XYZ Amendment Rule 2000 (No 1)', 'XYZ Amendment Rule 2000 (No 2)' and 'XYZ Amendment Rule 2000 (No 3)' have already been notified under the Act Example for par (d) A legislative instrument has the name 'XYZ Amendment Rule 2000 (No )'. Example for par (e) A legislative instrument has the name 'XYY Amendment Order 2002 (No 1)'. The instrument was made under the XYZ Act 2000 (the authorising Act). The name of the instrument does not correctly reflect the name of the authorising Act. 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 s 126 and s 132). (2) The parliamentary counsel may, before notifying the instrument under this Act-- (a) add a name to an unnamed instrument; or (b) amend the instrument's name to bring it into line with current legislative drafting practice. (3) If the name of an instrument is added or amended under this section, the instrument has effect for all purposes as if the instrument were made with the name as added or amended. (4) If the name of an instrument is added or amended under this section, the parliamentary counsel may make a corresponding change to any explanatory statement or regulatory impact statement for the instrument. LEGISLATION ACT 2001 - SECT 60A Correction of name of explanatory statement etc (1) This section applies if an explanatory statement or regulatory impact statement for a legislative instrument-- (a) does not include the instrument's number or name in an appropriate place; or (b) includes a reference to the instrument's number or name that is incorrect. (2) The parliamentary counsel may, before entering the statement in the register-- (a) include the instrument's number or name in an appropriate place in the statement; or (b) correct the reference to the instrument's number or name. LEGISLATION ACT 2001 - SECT 61 Notification of legislative instruments (1) If a legislative instrument is made, an authorised person for making a notification request for the instrument may ask the parliamentary counsel to notify the making of the instrument. (2) If an authorised person for making a notification request for a legislative instrument asks the parliamentary counsel to notify the making of the instrument and complies with the requirements (if any) prescribed by regulation (whether in relation to the form of the instrument, in relation to the making of the request or otherwise), the parliamentary counsel must-- (a) notify the making of the instrument in the register; or (b) if it is not practicable to notify the making of the instrument in the register--notify the making of the instrument in the gazette. (3) The making of the legislative instrument is notified in the register by entering in the register-- (a) a statement that the instrument has been made; and (b) the text of the instrument. (4) The making of the legislative instrument is notified in the gazette by-- (a) publishing the text of the instrument in the gazette; or (b) publishing in the gazette a statement-- (i) that the instrument has been made; and (ii) of the place or places where copies of the instrument can be obtained (whether by purchase or otherwise). (5) If the making of the legislative instrument is notified in the gazette, the parliamentary counsel must enter in the register-- (a) a statement that the instrument has been made; and (b) a statement that the instrument was notified in the gazette on a stated date; and (c) the text of the instrument. (6) If the making of the legislative instrument is notified in the gazette by publishing the statement mentioned in subsection (4) (b), copies of the instrument must be available on the day of the publication (the gazette date), or as soon as practicable after the gazette date, at the place, or each of the places, stated in the gazette. (7) If on the gazette date no copies of the legislative instrument are available at the place, or any of the places, stated in the gazette, the parliamentary counsel must give the Minister a statement-- (a) that copies of the law were not available; and (b) explaining why they were not available. (8) The Minister must present the statement to the Legislative Assembly not later than 6 sitting days after the gazette date. (9) Despite subsection (2), the parliamentary counsel may notify the making of a legislative instrument even though a requirement prescribed by regulation for subsection (2) (a prescribed requirement) is not complied with. (10) The notification of a legislative instrument is valid even if-- (a) a prescribed requirement was not complied with; or (b) the notification was made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument. (11) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (12) In this section: "authorised person", for making a notification request for a legislative instrument, means-- (a) the maker of the instrument; or (b) for a legislative instrument made by the Executive--a Minister or chief executive; or (c) for a legislative instrument made by a Minister--a chief executive; or (d) for a legislative instrument made by the rule-making committee-- (i) the secretary of the committee; or (ii) the registrar of a court or tribunal in relation to which the instrument applies; or (e) for any other legislative instrument made by a court or tribunal, or by a member (however described) of a court or tribunal--the registrar of the court or tribunal; or (f) for any other legislative instrument (other than an instrument prescribed by regulation for this paragraph)--a chief executive; or (g) for a legislative instrument prescribed by regulation for this paragraph--a person prescribed by regulation as an authorised person for making a notification request for the instrument. "rule-making committee" means the rule-making committee established under the Court Procedures Act 2004. LEGISLATION ACT 2001 - SECT 62 Effect of failure to notify legislative instrument (1) A legislative instrument is not enforceable by or against the Territory or anyone else unless it is notified. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 63 References to notification of legislative instruments In an Act or statutory instrument, a reference to the notification of a legislative instrument is a reference to the instrument having been notified in the register or gazette. Note to ch 7 In this chapter, a reference to a subordinate law or disallowable instrument includes a reference to a provision of a subordinate law or disallowable instrument (see s 8 (2) and s 9 (2)). LEGISLATION ACT 2001 - SECT 64 Presentation of subordinate laws and disallowable instruments (1) A subordinate law or disallowable instrument must be presented to the Legislative Assembly not later than 6 sitting days after its notification day. (2) If a subordinate law or disallowable instrument is not presented in accordance with subsection (1), it is taken to be repealed. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 65 Disallowance by resolution of Assembly (1) This section applies if notice of a motion to disallow a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly. (2) If the Legislative Assembly passes a resolution to disallow the subordinate law or disallowable instrument, it is taken to be repealed-- (a) on the day after the day the disallowance is notified; or (b) if the resolution provides that it takes effect on the day the resolution is passed--that day. (3) For this chapter, the Legislative Assembly is taken to have passed a resolution to disallow the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given-- (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on and moved, but has not been withdrawn or otherwise disposed of. (4) If subsection (3) applies, the resolution is taken to be the resolution set out in the motion for the resolution. (5) A disallowance under this section has effect for all purposes as if it were a repeal made by an Act. (6) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 65A Notification of disallowance by resolution of Assembly (1) If a subordinate law or disallowable instrument is disallowed, or taken to have been disallowed, under section 65, the Speaker must ask the parliamentary counsel to notify the disallowance. (2) If the Speaker asks the parliamentary counsel to notify the disallowance, the parliamentary counsel must-- (a) notify the disallowance in the register; or (b) if it is not practicable to notify the disallowance in the register--notify the disallowance in the gazette. (3) If the Speaker asks the parliamentary counsel to notify the disallowance on a particular day, the parliamentary counsel must notify the disallowance on that day unless it is impracticable to do so. (4) The disallowance is notified in the register by entering in the register-- (a) a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and (b) the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and (c) the day when the resolution was passed or taken to have been passed; and (d) the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution. (5) The disallowance is notified in the gazette by publishing in the gazette-- (a) a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and (b) the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 65; and (c) the day when the resolution was passed or taken to have been passed; and (d) the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution. (6) If the disallowance is notified in the gazette, the parliamentary counsel must enter in the register-- (a) a statement that the subordinate law or disallowable instrument has been disallowed under section 65; and (b) a statement that the disallowance was notified in the gazette on a stated date; and (c) the text of the resolution passed, or taken to have been passed, under section 65; and (d) the day when the resolution was passed or taken to have been passed; and (e) the day when the subordinate law or disallowable instrument is taken to be repealed because of the resolution. (7) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 66 Revival of affected laws (1) This section applies if-- (a) a subordinate law or disallowable instrument (the disallowed law) is taken to be repealed under section 64 (Presentation of subordinate laws and disallowable instruments) or section 65 (Disallowance by resolution of Assembly); and (b) the disallowed law repealed or amended an Act or statutory instrument (the affected law); and (c) the repeal or amendment has commenced. (2) The affected law is revived, from the beginning of the day after the disallowed law is taken to have been repealed, as if the disallowed law had never been made. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 67 Making of instrument same in substance within 6 months after disallowance (1) This section applies if a subordinate law or disallowable instrument (the disallowed law) is disallowed under section 65 (Disallowance by resolution of Assembly). (2) A subordinate law or disallowable instrument the same in substance must not be made within 6 months beginning on the day of the disallowance unless the Legislative Assembly has-- (a) rescinded the resolution that disallowed the disallowed law; or (b) by resolution, approved the making of-- (i) a subordinate law or disallowable instrument in those terms; or (ii) a subordinate law or disallowable instrument the same in substance as the disallowed law. (3) A subordinate law or disallowable instrument made in contravention of this section is void. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 68 Amendment by resolution of Assembly (1) In this section: "amendment" does not include an amendment that would have the effect of waiving or changing any fee, charge, penalty or other amount payable to the Territory. "disallowable instrument "does not include a determination of fees or charges by a Minister under an Act or subordinate law. (2) This section applies if notice of a motion to amend a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly. (3) If the Legislative Assembly passes a resolution to amend the subordinate law or disallowable instrument, it is amended accordingly-- (a) on the day after the day the amendment is notified; or (b) if the resolution provides that it takes effect on the day the resolution is passed--that day. (4) For this chapter, the Legislative Assembly is taken to have passed a resolution to amend the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given-- (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on and moved, but has not been withdrawn or otherwise disposed of. (5) If subsection (4) applies, the resolution is taken to be the resolution set out in the motion for the resolution. (6) An amendment under this section has effect for all purposes as if it had been made by an Act. (7) Without limiting subsection (6), section 83 (Consequences of amendment of statutory instrument by Act) applies to the amendment as if it had been made by an Act. (8) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 69 Notification of amendments made by resolution of Assembly (1) If a subordinate law or disallowable instrument (the amended law) is amended under section 68, the Speaker must ask the parliamentary counsel to notify the amendment. (2) If the Speaker asks the parliamentary counsel to notify the amendment, the parliamentary counsel must-- (a) notify the amendment in the register; or (b) if it is not practicable to notify the amendment in the register--notify the amendment in the gazette. (3) If the Speaker asks the parliamentary counsel to notify the amendment on a particular day, the parliamentary counsel must notify the amendment on that day unless it is impracticable to do so. (4) The amendment is notified in the register by entering in the register-- (a) a statement that the amendment of the amended law has been made under section 68; and (b) the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and (c) the day when the resolution was passed or taken to have been passed; and (d) the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution. (5) The amendment is notified in the gazette by publishing in the gazette-- (a) a statement that the amendment of the amended law has been made under section 68; and (b) the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and (c) the day when the resolution was passed or taken to have been passed; and (d) the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution. (6) If the amendment is notified in the gazette, the parliamentary counsel must enter in the register-- (a) a statement that the amendment of the amended law has been made under section 68; and (b) a statement that the amendment was notified in the gazette on a stated date; and (c) the text of the resolution passed, or taken to have been passed, by the Legislative Assembly under section 68; and (d) the day when the resolution was passed or taken to have been passed; and (e) the day when the subordinate law or disallowable instrument is taken to be amended because of the resolution. (7) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 70 Making of amendment restoring effect of law within 6 months after amendment (1) This section applies if a subordinate law or disallowable instrument (the amended law) is amended under section 68 (Amendment by resolution of Assembly). (2) A subordinate law or disallowable instrument the same in substance as the amended law before the amendment (the earlier law) must not be made within 6 months beginning on the day the amendment is made unless the Legislative Assembly has-- (a) rescinded the resolution that made the amendment; or (b) by resolution approved the making of-- (i) a subordinate law or disallowable instrument in those terms; or (ii) a subordinate law or disallowable instrument the same in substance as the earlier law. (3) A subordinate law or disallowable instrument made in contravention of this section is void. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 71 Effect of dissolution or expiry of Assembly on notice of motion (1) This section applies if-- (a) notice of motion to disallow or amend a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day the instrument is presented to the Assembly; and (b) not later than 6 sitting days after the day the notice is given, the Assembly is dissolved or expires; and (c) at the time of the dissolution or expiry-- (i) the notice has not been withdrawn and the motion has not been called on; or (ii) the motion has been called on and moved, but has not been withdrawn or otherwise disposed of. (2) For this chapter, the subordinate law or disallowable instrument is taken to have been presented to the Legislative Assembly on the first sitting day of the Assembly after the next general election of members of the Assembly. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 72 Meaning of law in ch 8 In this chapter: "law" means an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). LEGISLATION ACT 2001 - SECT 73 General rules about commencement (1) An Act commences-- (a) on the day after its notification day; or (b) if the Act or another Act provides for a different date or time of commencement--on that date or at that time. (2) A legislative instrument commences-- (a) on the day after its notification day; or (b) if an Act or the instrument provides for a later date or time of commencement--on that date or at that time; or (c) if an Act provides for an earlier date or time of commencement--on that date or at that time; or (d) if the instrument, under authority given by an Act, provides for an earlier date or time--on that date or at that time. Examples for par (b) 1 A subordinate law may provide that it commences on a stated future date or at a stated time on a stated future date. 2 A disallowable instrument may provide that it commences on the commencement of a stated law or a stated provision of a stated law. 3 A notifiable instrument may provide that it commences on the expiry of a stated statutory instrument. 4 A notifiable instrument may provide that it commences on the date fixed by a Commonwealth Minister, by notice in the Commonwealth gazette, under a stated Commonwealth Act. 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 s 126 and s 132). (3) Without limiting subsection (2), if a legislative instrument is notified on a day after the day or time provided by the instrument for its commencement, and subsection (2) (c) or (d) does not apply to the instrument-- (a) the instrument is valid; but (b) the instrument commences on the day after its notification day. (4) A statutory instrument that is not a legislative instrument commences-- (a) on the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved; or (b) if an Act or the instrument provides for a later date or time of commencement--on that date or at that time; or (c) if an Act provides for an earlier date or time of commencement--on that date or at that time; or (d) if the instrument, under authority given by an Act, provides for an earlier date or time--on that date or at that time. (5) This section is subject to the following sections: (a) section 75 (Commencement of naming and commencement provisions); (b) section 76 (Non-prejudicial provision may commence retrospectively); (c) section 79 (Automatic commencement of postponed law); (d) section 79A (Commencement of amendment of uncommenced law); (e) section 81 (Exercise of powers between notification and commencement). (6) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 74 Time of commencement (1) If an Act commences on a day, it commences at the beginning of the day unless a different time of commencement is provided by the Act, another Act, or a commencement notice providing for the commencement of the Act. (2) If a statutory instrument commences on a day, it commences at the beginning of the day unless a different time of commencement is provided by the instrument, an Act, or a commencement notice providing for the commencement of the instrument. LEGISLATION ACT 2001 - SECT 75 Commencement of naming and commencement provisions (1) The provisions of a law providing for its name and commencement automatically commence on its notification day. Example The XYZ Act 2002 was notified on 1 October 2002. It contains the following provision: 2 Commencement This Act commences on 1 December 2002. The provisions of the XYZ Act 2002 providing for its name and commencement commence on 1 October 2002. 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 s 126 and s 132). (2) However, if a provision of the law commences before the law's notification day, the naming and commencement provisions are taken to have automatically commenced-- (a) on that commencement; or (b) if 2 or more provisions of the law commence at different times before the notification day--on the earlier or earliest of the commencements. Example 2 Commencement (1) This Act, other than section 9 and section 10, commences on a day fixed by the Minister by written notice. (2) Section 9 is taken to have commenced on 1 July 2001. (3) Section 10 is taken to have commenced on 1 August 2001. The provisions of the XYZ Act 2001 providing for its name and commencement are taken to have commenced on 1 July 2001. (3) In the application of this section to a statutory instrument that is not a legislative instrument, a reference to the instrument's notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 75AA Commencement of provisions identifying amended laws (1) This section applies if a law amends another law and includes a provision (a legislation amended provision) identifying the amended law. (2) The legislation amended provision automatically commences (or is taken to have automatically commenced)-- (a) on the commencement of the amendments; or (b) if the amendments commence at different times--on the commencement of the earlier or earliest of the amendments. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provision, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 75A Meaning of commences retrospectively (1) An Act or legislative instrument commences retrospectively if it commences on a day or at a time earlier than the day after its notification day. Note A reference to an Act or legislative instrument includes a reference to a provision of an Act or legislative instrument (see s 7 (3) and s 12 (2)). (2) A statutory instrument that is not a legislative instrument commences retrospectively if it commences on a day or at a time earlier than the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved. LEGISLATION ACT 2001 - SECT 75B Retrospective commencement requires clear indication (1) A law must not be taken to provide for the law (or another law) to commence retrospectively unless the law clearly indicates that it is to commence retrospectively. Example The XYZ Act 2003 was notified on 1 July 2003. It contains the following provision: 2 Commencement This Act is taken to have commenced on 17 October 2001. Section 2 clearly indicates that the Act is to commence retrospectively. 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 s 126 and s 132). (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 76 Non-prejudicial provision may commence retrospectively (1) A statutory instrument may provide that a non-prejudicial provision of the instrument commences retrospectively. (2) Unless this subsection is displaced by, or under authority given by, an Act, a statutory instrument cannot provide that a prejudicial provision of the instrument commences retrospectively. Example The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) sets out (among other things) the people who are eligible for compensation under a compensation fund. Previously, there was no restriction on who was eligible. The determination provides that it is taken to have commenced on 1 July 2003, but it is not notified until 15 August 2003. There is nothing in the Act under which the determination is made (or any other Act) that authorises the retrospective commencement. The provision of the determination that limits who can apply for compensation is a prejudicial provision (ie it adversely affects some people's right to receive compensation) and cannot commence retrospectively. Instead, it would commence on the day after the determination's notification day (see s 73 (3)). (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "non-prejudicial provision" means a provision that is not a prejudicial provision. "prejudicial provision" means a provision that operates to the disadvantage of a person (other than the Territory or a territory authority or instrumentality) by-- (a) adversely affecting the person's rights; or (b) imposing liabilities on the person. LEGISLATION ACT 2001 - SECT 77 Commencement by commencement notice (1) If a law is expressed to commence on a day fixed or otherwise determined by a notice-- (a) a single day, or a time on a single day, may be fixed or determined; or (b) different days or times may be fixed or determined for different provisions. Example The Hypothetical Act 2001 is expressed to commence on a day to be fixed by the Minister by written notice. Unless the Act has commenced automatically in accordance with section 79 (Automatic commencement of postponed law), any of the following arrangements for commencement would be possible: (a) a notice could fix a single day (eg 5 June 2001) for the entire Act to commence; (b) a notice could fix a time on a single day (eg 8 pm on 5 June 2001) for the entire Act to commence; (c) a notice could fix different days or times for the different provisions of the Act to commence (eg part 7, part 9 and schedule 4 commence on 5 June 2001, part 11 commences at 5 pm on 30 June 2001, and the remaining provisions of the Act commence on 1 July 2001); (d) a notice could fix a single day (eg 5 June 2001) or a time on a single day (eg 8 pm on 5 June 2001) for the provisions of the Act not already commenced to come into operation. 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 s 126 and s 132). (2) A commencement notice for a law is valid even if the day or time fixed or otherwise determined by the notice happens before the notice's notification day. (3) If the day or time fixed or otherwise determined by a commencement notice for a law happens on or before the notice's notification day, the law commences on the day after the notice's notification day. (4) However, subsection (3) does not apply to the commencement notice if-- (a) the notice clearly indicates that the law is to commence at an earlier date or time; and (b) the notice provides for the earlier date or time under authority given by an Act. Example for par (a) the commencement notice provides that the law or statutory instrument is 'taken to have commenced' at the earlier date or time (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 78 Separate commencement of amendments (1) Amendments made by a provision of a law may be given separate commencements, whether or not the provision is self-contained. Examples 1 A provision of an amending law inserts 2 sections. The sections may be given separate commencements. 2 A provision of an amending law inserts a section that is divided into paragraphs. The paragraphs may be given separate commencements. 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 s 126 and s 132). (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 79 Automatic commencement of postponed law (1) If a postponed law has not commenced within 6 months beginning on its notification day, it automatically commences on the first day after that period. Example The Hypothetical Act 2001 was notified on 5 July 2001 and was expressed to commence on a day to be fixed by the Minister by written notice. If the Act had not commenced by notice on or before 4 January 2002, it would automatically commence on 5 January 2002. 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 s 126 and s 132). (2) This section applies to a law unless it is displaced by, or under authority given by, an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "enact" includes make. "law" means an Act, subordinate law, disallowable instrument or notifiable instrument. Note A reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8, s 9 and s 10). "notification" day, for a postponed law, means the notification day of-- (a) if the postponed law is a law--the law; or (b) if the postponed law is a provision of a law--the law that enacts the provision. postponed law means a law that does not commence on its notification day because a law postpones its commencement until a day or time fixed or determined by a commencement notice. LEGISLATION ACT 2001 - SECT 79A Commencement of amendment of uncommenced law (1) This section applies if a law (the amending law) amends a law that has not commenced (the uncommenced law). (2) The amendment of the uncommenced law does not of itself commence that law. (3) The amendment made by the amending law commences on the commencement of the uncommenced law. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 80 References to commencement of law In a law, a reference to the commencement of the law, or another law, (the law concerned) is a reference to-- (a) if the provisions of the law concerned (other than those providing for its name and commencement) commence, or are required to commence, on a single day or at a single time--the commencement of the remaining provisions; or (b) if paragraph (a) does not apply and the reference is in a provision of the law concerned--the commencement of the provision; or (c) in any other case--the commencement of the relevant provision of the law concerned. LEGISLATION ACT 2001 - SECT 81 Exercise of powers between notification and commencement (1) This section applies to a power to make an appointment or statutory instrument, or to do anything else, in the following situations: (a) the power is given by a law (the authorising law) that has been notified but has not commenced; (b) the power is given by a law (the authorising law) as amended by another law (the amending law) and the laws have been notified, but all or any of them have not commenced. Examples of powers to which section applies 1 power to delegate a function 2 power to give or issue an approval, consent, licence, permit or other authority (however described) 3 power to make an acting appointment 4 power to issue guidelines 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 s 126 and s 132). (2) To remove any doubt and without limiting subsection (1), this section applies to any of the following powers if the power is to be exercised in relation to an entity to be established by the authorising law or the authorising law as amended by the amending law: (a) a power to make an appointment to the entity; (b) a power to make a statutory instrument for the purposes of the entity; (c) a power to do anything else in relation to the entity. Example This section applies to powers under an authorising law to be exercised in relation to the conduct of an election for members of a board to be established as a corporation by the authorising law. 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 s 126 and s 132). (3) The power may be exercised at any time even though the authorising law, or the authorising law and amending law (or either of them), is not in force at the time. (4) For the exercise of the power, the authorising law, or the authorising law and amending law, are taken to be in force at the time of the exercise of the power. (5) Also, anything else may be done under the power at any time for the purpose of bringing, or in relation to bringing, the authorising law, or the authorising law as amended by the amending law, into operation. (6) If an appointment or statutory instrument made under this section declares that this subsection applies to it, then, unless the appointment or instrument commences on a different date or at a different time under another provision of this chapter, the appointment or instrument commences on-- (a) for an appointment or statutory instrument that is a legislative instrument--the day after its notification day; or (b) for any other appointment or statutory instrument--the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved. (7) In any other case, an appointment or statutory instrument made under this section commences on the latest of the following: (a) the commencement of the authorising law or, if subsection (1) (b) applies and the amending law commences after the authorising law, the commencement of the amending law; (b) on the day or at the time the appointment or instrument would have commenced if it had not been made under this section. (8) In the application of this section to a statutory instrument that is not a legislative instrument, a reference to the instrument being notified is a reference to the instrument being made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, to the instrument being approved. (9) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 82 Definitions for ch 9 In this chapter: amend includes modify. "law" means an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). "repeal" includes lapse and expire. LEGISLATION ACT 2001 - SECT 83 Consequences of amendment of statutory instrument by Act (1) If an Act amends a statutory instrument, the instrument may be amended or repealed as if the amendment had been made by another statutory instrument of that kind. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 84 Saving of operation of repealed and amended laws (1) The repeal or amendment of a law does not-- (a) revive anything not in force or existing when the repeal or amendment takes effect; or (b) affect the previous operation of the law or anything done, begun or suffered under the law; or (c) affect an existing right, privilege or liability acquired, accrued or incurred under the law. (2) An investigation, proceeding or remedy in relation to an existing right, privilege or liability under the law may be started, exercised, continued or completed, and the right, privilege or liability may be enforced and any penalty imposed, as if the repeal or amendment had not happened. (3) Without limiting subsections (1) and (2), the repeal or amendment of a law does not affect-- (a) the proof of anything that has happened; or (b) any right, privilege or liability saved by the law. (4) This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal or amendment is made. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (6) In this section: "liability" includes liability to penalty for an offence against the law. "penalty "includes punishment and forfeiture. "privilege "includes immunity. "right "includes capacity, interest, status and title. LEGISLATION ACT 2001 - SECT 84A Creation of offences and changes in penalties (1) If a law makes an act or omission an offence, the act or omission is only an offence if done or not done after the law commences. (2) If a law increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the law commences. (3) If a law reduces the maximum or minimum penalty, or the penalty, for an offence, the reduction applies to an offence committed before or after the law commences, but does not affect any penalty imposed before the law commences. (4) In this section: "law" means an Act or subordinate law. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 8). (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 85 When repeal takes effect (1) This section applies if a law is repealed on a day. (2) If the law is remade on that day (with or without changes), the repeal takes effect when the remade law commences. Note Under s 74, if a law commences on a day, it commences at the beginning of the day unless otherwise provided. (3) If the law is not remade on that day (with or without changes), the law continues in force until the end of the day and the repeal takes effect at midnight on the day. LEGISLATION ACT 2001 - SECT 86 Repealed and amended laws not revived on repeal of repealing and amending laws (1) If a law (the first law) is repealed by another law (the other law), the first law is not revived only because the other law is repealed. Examples 1 Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B. 2 Act A repeals Act B. Act A is automatically repealed under this Act, section 89 (Automatic repeal of certain laws and provisions). The repeal of Act A does not revive Act B. 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 s 126 and s 132). (2) If a law (the first law) is amended by another law (the other law), the continuing operation of the amendments made by the other law is not affected only because the other law is repealed and, in particular, the first law is not revived in the form in which it was in before the amendments took effect only because of the repeal. Examples 1 Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed. 2 Act A amends Act B. Act A is automatically repealed under this Act, section 89. The amendments made by Act A continue to operate, even though Act A has been repealed. (3) This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal is made. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (5) In this section: "amended" does not include modified. "law "includes a rule of the common law (including equity). Examples 1 a common law offence 2 a common law rule of practice or procedure 3 a right to equitable relief LEGISLATION ACT 2001 - SECT 87 Commencement not undone if repealed (1) If a provision of a law providing for the commencement of the law is repealed after the law has commenced, the repeal of the provision does not affect the continuing operation of the law. (2) If a commencement notice providing for the commencement of a law is repealed after the law has commenced, the repeal of the notice does not affect the continuing operation of the law. (3) This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal is made. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 88 Repeal does not end effect of transitional laws etc (1) The continuing operation of a transitional law or validating law is not affected only because the law is repealed. (2) Subsection (1) does not apply to a law that is a transitional law or validating law because of modifications that it makes to another law. (3) If a law (the savings law) declares a law (the declared law) to be a law to which this section applies-- (a) the effect of the declared law does not end only because of its repeal; and (b) the effect of the savings law does not end only because of its repeal. (4) A declaration may be made for subsection (3) about a law whether or not the Act is a law to which subsection (1) applies. (5) A declaration made for subsection (3) about a law does not imply that, in the absence of a declaration about it, another law is not a law to which this section applies. (6) This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal is made. (7) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (8) To remove any doubt and without limiting section 6 (Legislation Act provisions must be applied), the application of this section to a law is not displaced only because the law is repealed and, in particular, the repeal of the law does not of itself imply an intention to displace the application of this section to the law. (9) In this section: "transitional law" means-- (a) a law made or expressed to be made for a transitional purpose; or (b) a law that makes provision consequential on a law mentioned in paragraph (a). Examples 1 a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act 2 a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment 3 a declaration made for subsection (3) Note 1 Transitional is defined in the dictionary to include application and savings. Note 2 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 s 126 and s 132). "validating law" means-- (a) a law that validates something that is or may be invalid; or (b) a law that makes provision consequential on a law mentioned in paragraph (a). Examples 1 a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done 2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way LEGISLATION ACT 2001 - SECT 89 Automatic repeal of certain laws and provisions (1) An amending law is automatically repealed on the day after-- (a) all of its provisions have commenced; or (b) the last of its provisions that have not commenced are omitted or cannot commence. Example of provision that can no longer commence The ABC Act 2005 includes a provision that amends the XYZ Act 2000. Before the provision commences, the XYZ Act 2000 is repealed. The provision can, therefore, no longer commence. 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 s 126 and s 132). (2) An appropriation Act is automatically repealed on the last day of the financial year for which it makes appropriations. (3) An amending provision of a law is automatically repealed immediately after all of the amendments and repeals made by it (or to which it relates) have commenced. (4) A commencement provision of a law is automatically repealed immediately after all of the provisions of the law have commenced. (5) A commencement notice is automatically repealed on the day after the day, or the last of the days, fixed or otherwise determined by the notice for the commencement of a law. (6) If an instrument making, or evidencing, an appointment (including an acting appointment) is a legislative instrument, the instrument is automatically repealed-- (a) on the day the appointment ends; or (b) if the instrument makes 2 or more appointments that end on different days--on the day the last-ending appointment ends. (7) A repeal under this section has effect for all purposes, including, for example, any other provisions of this chapter about repeals. (8) If apart from this subsection a law would be automatically repealed on a day that is earlier than its notification day, the law is instead automatically repealed on the day after its notification day. (9) In the application of subsection (8) to a statutory instrument that is not a legislative instrument, a reference to the instrument's notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved. (10) This section does not limit any other provision of this chapter. (11) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (12) In this section: "amend" does not include modify. amending law means a law that consists only of provisions of the following kinds: (a) for an Act--the Act's long title; (b) a preamble or recital (however described); (c) a provision about the law's name; (d) a provision about the law's commencement; (e) a provision about the purposes of the law or any of its provisions; (f) a provision about the effect of notes; Note A note itself is not part of an Act or statutory instrument (see s 127). (g) a provision providing for the amendment or repeal of a law (including a provision identifying the amended or repealed law); (h) a provision declaring a law to be a law to which section 88 (Repeal does not end effect of transitional laws etc) applies; (i) a provision about the renumbering of a law; (j) a provision authorising or requiring something to be done under chapter 11 (Republication of Acts and statutory instruments). Example for par (e) an objects provision "amending provision", of a law, means a provision of the law that only amends or repeals a law, and includes-- (a) any other provision (for example, a schedule) of the law that only identifies the law amended or repealed; and (b) any other provision (for example, a part heading) of the law that only identifies (or groups) provisions that are amended or repealed. "appropriation Act"--see the Financial Management Act 1996, dictionary. "commencement provision", of a law, means a provision of the law that only provides for the commencement of the law. Example 1 for s 89 The Hypothetical Amending Act 2002 repeals and amends a number of Acts. The Act contains the following provisions: o a long title o a provision about the Act's name o a provision about the Act's commencement o repealing provisions (that is, a provision stating that the Act repeals the Acts mentioned in schedule 1 and a schedule (schedule 1) setting out the names of the repealed Acts) o amending provisions (that is, a provision stating that the Act amends the Acts mentioned in schedule 2 and a schedule (schedule 2) setting out the amended Acts and the amendments of them) o a provision about the application of this Act, section 88 (Repeal does not end effect of transitional laws etc) to a provision being repealed o a provision requiring an amended Act (the XYZ Act 1990), or a provision of the XYZ Act 1990, to be renumbered in the next republication of the Act under this Act. The Act contains no other provisions. Its repealing provisions, and its other provisions apart from the naming provision, the commencement provision and the amending provisions, commence on the day after its notification day, 22 March 2002. Its amending provisions commence on a date fixed by the Minister by written notice, 12 April 2002. The Act is automatically repealed under section 89 on the day after all of its provisions have commenced, 13 April 2002. Example 2 for s 89 The Example Act 2001 contains provisions establishing a new licensing scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending law covered by subsection (1). It is, therefore, not automatically repealed under section 89. Example 3 for s 89--see s (12), def amending provision The Plant Diseases Act 2003 (hypothetical), part 6 is as follows: 42 Repeal of Plant Diseases Act 1934 The Plant Diseases Act 1934 A1934-21 is repealed. 43 Repeal of Plant Diseases Regulation 1938 The Plant Diseases Regulation 1938 (made on 11 February 1938) is repealed. 44 Administrative Decisions (Judicial Review) Act 1989, schedule 1, new item 6 insert 6 This Act does not apply to decisions of the Minister under the Plant Diseases Act 2003, part 3 (Measures for the control of diseases and pests). Under the definition of "amending provision", the heading to part 6, as well as the contents of part 6, are automatically repealed under section 89. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 90 Law and amending laws to be read as one A law and all laws amending it are to be read as one. LEGISLATION ACT 2001 - SECT 91 Insertion of provisions by amending law (1) This section applies if a law (the amending law) amends another law (the amended law) by inserting any of the following provisions, and does not exactly specify the position in the amended law where it is to be inserted: (a) a chapter, part, division, subdivision, section or subsection (an inserted chapter, part, division, subdivision, section or subsection); (b) a paragraph (an inserted paragraph); (c) a subparagraph (an inserted subparagraph); (d) a sub-subparagraph (an inserted sub-subparagraph); (e) a definition (an inserted definition); (f) any other provision (a miscellaneous inserted provision). (2) An inserted chapter, part, division, subdivision, section or subsection is inserted in the appropriate numerical or alphanumerical position in the amended law. (3) An inserted paragraph is inserted in the appropriate alphabetical position in the amended law. (4) An inserted subparagraph is inserted in the appropriate numerical or alphanumerical position in the amended law. (5) An inserted sub-subparagraph is inserted in the appropriate alphabetical position in the amended law. (6) An inserted definition is inserted in the appropriate alphabetical position (worked out on a letter-by-letter basis) in a series of definitions in the amended law. (7) A miscellaneous inserted provision is inserted in the appropriate position in the amended law. (8) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law. (9) In working out the appropriate position where a provision is to be inserted in the amended law, regard may be had to the following: (a) the provision number or letter; (b) the heading of the relevant amending provision of the amending law; (c) any other amendments in the amending law including the order of amendments; (d) anything else in the amending law or amended law; (e) current legislative drafting practice. Examples 1 If a part numbered '3' is to be inserted into an amended law with an existing sequence of parts 'part 1--part 2--part 4', inserted part 3 is inserted between parts 2 and 4. 2 If a division numbered '2.2A' is to be inserted into an amended law with an existing sequence of divisions in part 2 'division 2.1--division 2.2--division 2.3', inserted division 2.2A is inserted between divisions 2.2 and 2.3. 3 If a section numbered '6AA' is to be inserted into an amended law with an existing sequence of sections 'section 6--section 6A--section 6B', inserted section 6AA is inserted between sections 6A and 6B. 4 If a section numbered '7A' is to be inserted (by an amending section headed 'New section 7A', with the command 'in division 2.2, insert') into an amended law with an existing sequence 'section 7 [in division 2.2]--division 2.3 heading--section 8', inserted section 7A is inserted between section 7 and the division 2.3 heading (that is, at the end of division 2.2). 5 If a section numbered '7A' is to be inserted (by an amending section headed 'New section 7A', with the command 'in division 2.3, insert') into an amended law with an existing sequence 'section 7 [in division 2.2]--division 2.3 heading--section 8', inserted section 7A is inserted between the division 2.3 heading and section 8 (that is, at the beginning of division 2.3). 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 s 126 and s 132). (10) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (11) In this section: "insert "includes relocate. LEGISLATION ACT 2001 - SECT 92 Amendment to be made wherever possible (1) If a law amends another law-- (a) by omitting a word; or (b) by substituting a word for another word; or (c) by inserting a word before or after a particular word; the amendment is to be made wherever possible in the other law. Example The XYZ Amendment Act 2002 is expressed to omit the word 'authorised' from the ABC Act 1998, section 20. The word 'authorised' is used once in the section 20 heading, 3 times in section 20 (1), twice in section 20 (3), once in an example to section 20 (4) and twice in a note to section 20 (5). The amendment omits each of those references to the word 'authorised'. 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 s 126 and s 132). (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 93 Provisions included in another provision for amendment purposes (1) This section applies for the purpose of amending a law. (2) The heading to a chapter, part, division, subdivision, schedule, dictionary, section or any other provision of the law forms part of the provision to which it is a heading. (3) An example at the end of a provision of the law is part of the provision unless the example is expressed in a way that indicates that it applies only to another provision. (4) A note at the end of a provision of the law is taken, for this section, to be part of the provision unless the note is expressed in a way that indicates that it applies only to another provision. (5) However, a note in a law is not, for any other purpose, part of the law. Note Section 127 (Material that is not part of Act or statutory instrument) deals with the status of notes. (6) A penalty at the end of a subsection of the law-- (a) is part of the subsection unless the penalty is expressed in a way that indicates that it applies only to other subsections of the section; or (b) if the penalty is expressed in a way that indicates that it applies only to other subsections--is part of the section. (7) A penalty at the end of a section of the law that is not divided into subsections is part of the section. (8) The word 'and', 'or' or 'but', or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of the law is part of the provision. (9) In working out whether an example or note is at the end of a provision of the law, any penalty is to be disregarded, and, for an example, any note is to be disregarded. Note According to current legislative drafting practice, examples, notes and penalties to a provision are arranged in the following order at the end of provisions: 1 penalty (first) 2 examples 3 notes (last). (10) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law. (11) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 94 Continuance of appointments etc made under amended provisions (1) This section applies if-- (a) a law expressly or impliedly authorises or requires-- (i) the making of an appointment or statutory instrument; or (ii) the delegation of a function; or (iii) the issue of a licence or permit (however described); or (iv) the doing (however described) of anything else; and (b) the law is amended by another law; and (c) under the amended law-- (i) the appointment or statutory instrument may be made; or (ii) the function may be delegated; or (iii) the licence or permit may be issued; or (iv) the thing may be done; whether by the same or a different entity. Examples for par (a) (iv) 1 the giving of an approval, consent or permission 2 the making of a recommendation 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 s 126 and s 132). (2) An appointment, statutory instrument, delegation, licence, permit or anything else mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect as if it had been made, issued or done (however described) under the amended law. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: amend includes omit and re-enact in the same law (with or without changes), but does not include omit and re-enact in another law. "appointment" includes acting appointment. LEGISLATION ACT 2001 - SECT 95 Status of modifications (1) If a law is modified by another law, the law operates as modified but the modification does not amend the text of the law. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 96 Relocated provisions (1) This section applies if a provision of a law is relocated (with or without changes) to a different place in the same law or to a different law. (2) The operation or meaning of the provision is not affected only because of the provision's relocation. (3) Without limiting subsection (2), if before its relocation the provision was to be interpreted in a particular way, it is to be interpreted in that way in its new location. Example If a provision of an Act is to be interpreted as if it were a law consolidating the provisions of other laws and it is relocated into another Act, it is to be interpreted in the same way in its new location. 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 s 126 and s 132). (4) However, the provision has effect subject to any changes made to, or in relation to, it. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 97 Definitions for ch 10 (1) In this chapter: "ACT law" means an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). "law "means an ACT law or a law of another jurisdiction. "law of another jurisdiction" means an Act or statutory instrument of another jurisdiction, and includes a provision of an Act or statutory instrument of another jurisdiction. Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2). (2) In this section: "Act", in relation to another Territory, includes ordinance. "statutory instrument", of another jurisdiction, means an instrument (whether or not legislative in nature) made under-- (a) an Act of the other jurisdiction; or (b) another statutory instrument of the other jurisdiction; or (c) power given by an Act or statutory instrument of the other jurisdiction and also power given otherwise by law. LEGISLATION ACT 2001 - SECT 98 References to ACT law include law containing reference In an ACT law, a reference in general terms to an ACT law of the same kind includes a reference to the law itself. Example The ABC Act 2001, section 27 gives a power to confiscate property under certain circumstances. Section 93 of the same Act provides 'If an Act authorises the confiscation of property, the owner of the property has a right of appeal to the Magistrates Court.' The right of appeal under section 93 also applies to the power given by section 27 because the reference to 'an Act' in section 93 includes a reference to the ABC Act 2001. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 99 References in ACT statutory instruments to the Act In a statutory instrument, a reference to Act or the Act, without mentioning a particular Act, is a reference to the Act under which the instrument is made or in force. LEGISLATION ACT 2001 - SECT 100 Referring to particular ACT laws (1) An Act may be referred to by-- (a) the name the Act gives to itself; or (b) the year it was passed and its number, together with a reference (if necessary) to indicate that it is an Act. Example of reference to indicate Act An Act may be referred to using the word Act or the letter 'A' (eg 'A1993-1' is a reference to Act No 1 of 1993). 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 s 126 and s 132). (2) A statutory instrument may be referred to by-- (a) any name the instrument gives to itself; or (b) if the instrument was notified in the register or gazette and was numbered under this Act or another territory law--the year it was notified and its number, together with a reference (if necessary) to the kind of instrument; or (c) if the instrument was not notified but was numbered under a territory law--the year it was made and its number, together with a reference (if necessary) to the kind of instrument; or (d) if the instrument was notified in the gazette before the commencement of this Act--the number, date and page of the gazette where it was notified; or (e) the date it was made, together with a reference to the Act or statutory instrument under which it was made. Examples of references to kind of instrument for par (b) 1 A subordinate law may be referred to using the letters 'SL' (eg 'SL2000-11' is a reference to subordinate law No 11 of 2000). 2 A disallowable instrument may be referred to using the letters 'DI' (eg 'DI1997-101' is a reference to disallowable instrument No 101 of 1997). 3 A notifiable instrument that is not an approved form may be referred to using the letters 'NI' (eg 'NI2002-226' is a reference to notifiable instrument No 226 of 2002). 4 An approved form may be referred to using the letters 'AF' (eg 'AF2003-1' is a reference to approved form No 1 of 2003). 5 A commencement notice may be referred to using the letters 'CN' (eg 'CN2002-3' is a reference to commencement notice No 3 of 2002). 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 101 Referring to particular laws of other jurisdictions etc (1) In an ACT law, a law of another jurisdiction (the relevant law) may be referred to-- (a) by the name the relevant law gives to itself; or (b) in any other way sufficient in a law of the other jurisdiction for referring to the relevant law; or (c) in any way that, under current legislative drafting practice, would be sufficient for referring to the relevant law if it were an ACT law; together with a reference to the jurisdiction (or an abbreviation of the jurisdiction). (2) In an ACT law, a provision of a law of another jurisdiction may be referred to-- (a) in a way sufficient in a law of the other jurisdiction for referring to the provision; or (b) in any way that, under current legislative drafting practice, would be sufficient for referring to the provision if it were a provision of an ACT law. (3) Subsection (2) does not limit any other provision of this chapter. LEGISLATION ACT 2001 - SECT 102 References to laws include references to laws as in force from time to time (1) In an ACT law, a reference to a law includes a reference to the following: (a) the law as originally made, and as amended from time to time since it was originally made; (b) if the law has been repealed and remade (with or without changes) since the reference was made--the law as remade (or last remade), and as amended from time to time since it was remade (or last remade); (c) if a relevant provision of the law has been omitted and remade (with or without changes) in another law since the reference was made--the law in which the provision was remade (or last remade), as in force when the provision was remade (or last remade), and as amended from time to time since the provision was remade (or last remade). (2) In an ACT law, a reference to a provision of a law includes a reference to the following: (a) the provision as originally made, and as amended from time to time since it was originally made; (b) if the provision has been omitted and remade (with or without changes and whether in the law or another law) since the reference was made--the provision as remade (or last remade), and as amended from time to time since it was remade (or last remade). (3) To remove any doubt, if the name of a law is amended, a reference in an ACT law to the law by its name before the amendment includes a reference to the law by its name as amended. (4) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument). (5) In this section: "made" includes enacted. LEGISLATION ACT 2001 - SECT 103 References to repealed laws In an ACT law, a reference to a law as repealed is a reference to the law as in force immediately before it was repealed. Example A reference to the 'XYZ Act 2000 (repealed)' is a reference to the XYZ Act 2000 immediately before it was repealed. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 104 References to laws include references to instruments under laws (1) In an ACT law, a reference (either generally or specifically) to a law includes a reference to the statutory instruments made or in force under the law. (2) In subsection (1), a reference to the statutory instruments made or in force under the law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law. (3) This chapter applies to an instrument applied, adopted or incorporated under a law as if-- (a) the instrument were a law; and (b) any other necessary changes were made. (4) In this section: "statutory instrument", of another jurisdiction--see section 97 (2). LEGISLATION ACT 2001 - SECT 105 Referring to provisions of laws In an ACT law, a provision of a law may be referred to by reference to the provision of the law in which it is contained. Example Paragraph (b) of subsection (2) of section 10 of an Act may be referred to by reference to the section, subsection and paragraph, that is, as section 10 (2) (b). 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 106 References to provisions of laws are inclusive In an ACT law, a reference to any part of a law is a reference to the following: (a) the provision of the law that begins the part; (b) the provision of the law that ends the part; (c) any provision of the law between the beginning and end of the part. Examples 1 A reference to 'sections 5 to 9' includes both section 5 and section 9. 2 A reference to 'sections 260 to 264' includes a provision such as a part heading between section 260 and section 261. 3 A reference to 'from child to adult' includes both the word 'child' and the word 'adult'. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 106A References to paragraphs etc of laws (1) In an ACT law, a reference to a paragraph of a provision of a law includes any words in the provision before or after the paragraph that are necessary or desirable to make the reference meaningful. Example A subsection may be divided into paragraphs as follows: '(2) An application must be-- (a) in writing; and (b) accompanied by a copy of the advertisement of the applicant's intention to apply.' Paragraphs form part of the sentence in which they are contained. A reference to paragraph (a) in this example that did not include the preceding words 'An application must be' would be meaningless. Section 106A therefore allows the paragraph to be read with those words so that it makes sense. Note 1 Although this section contains a reference to an ACT law and a reference to a law, s 98 makes it clear that the references can be to the same law. Note 2 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 s 126 and s 132). (2) In this section: "paragraph" includes a subparagraph and a sub-subparagraph. LEGISLATION ACT 2001 - SECT 107 Definitions for ch 11 In this chapter: "law" means an Act or statutory instrument, whether or not it has been amended, and includes-- (a) a collection of 2 or more Acts or statutory instruments; or (b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). "republication" means a republication of a law. LEGISLATION ACT 2001 - SECT 108 Republication in register (1) The parliamentary counsel may republish a law by entering the text of the law in the register. (2) This section does not limit the ways in which the parliamentary counsel may republish a law. LEGISLATION ACT 2001 - SECT 109 Republications may be published with other information The parliamentary counsel may publish information not required by this chapter with a written or electronic version of an authorised republication if the parliamentary counsel considers that the information is likely to be useful to users of the republication. LEGISLATION ACT 2001 - SECT 110 Collections of laws (1) If the parliamentary counsel authorises under this Act the republication of 2 or more laws in a collection, this chapter applies to each of the laws in the collection as if it were republished separately. (2) This section does not prevent the use of-- (a) a single contents for the collection; or (b) information applying to 2 or more laws in the collection. LEGISLATION ACT 2001 - SECT 111 Incorporation of amendments (1) This section applies to a law if the law has been amended by another law by the omission, insertion, substitution, renumbering or relocation of provisions. (2) An authorised republication of the law must show the law as amended by all amendments that commenced on or before the day stated in the republication as the republication date. (3) This section does not prevent an authorised republication of the law showing the law as it would be amended by amendments that have not commenced on or before the republication date if the republication indicates, in a suitable place, that the amendments have not commenced. LEGISLATION ACT 2001 - SECT 112 Reference to amending laws An authorised republication of a law that shows the law as amended must include, in a suitable place, a reference to the law by which each amendment was made. LEGISLATION ACT 2001 - SECT 113 Provisions not republished or relocated (1) This part does not require-- (a) every provision of a law to be shown in an authorised republication of the law; or (b) each provision of a law to be shown in an authorised republication of the law in the place in the law where it was located when the provision was made. (2) If a provision of a law is not shown in an authorised republication, the republication must indicate that fact in a suitable place. (3) If a provision of a law is shown in an authorised republication in a different place in the law to the place where it was located when the provision was made, the republication must indicate that fact in a suitable place. LEGISLATION ACT 2001 - SECT 114 Authorisation for parliamentary counsel In preparing a law for republication, the parliamentary counsel is authorised-- (a) to make editorial amendments and other textual amendments of a formal nature that the parliamentary counsel considers desirable to bring the law into line, or more closely into line, with current legislative drafting practice; and (b) to make other editorial changes by way of format, layout or printing style, or in any other presentational respect, that the parliamentary counsel considers desirable to bring the law into line, or more closely into line, with current legislative drafting practice. LEGISLATION ACT 2001 - SECT 115 Amendments not to change effect This part does not permit the making of an amendment of a law that would change the effect of the law. LEGISLATION ACT 2001 - SECT 116 Ambit of editorial amendments (1) An editorial amendment of a law is an amendment that-- (a) corrects a typographical error; or (b) corrects or updates a reference to a law, position, entity, place or thing; or (c) goes only to a matter of spelling, punctuation, grammar or syntax or the use of conjunctives and disjunctives; or (d) changes the name of the law or a provision of the law; or (e) numbers or renumbers a provision of the law; or (f) changes the order of definitions or other provisions of the law; or (g) replaces a reference to a provision of a law with a different form of reference to the provision; or (h) changes the way of referring to or expressing a number, year, date, time, amount of money, penalty, quantity, measurement, or other matter, idea or concept; or (i) replaces a word indicating gender or that could be taken to indicate gender in accordance with current legislative drafting practice; or (j) replaces a reference to the Queen, the King or the Crown with a reference to the Sovereign or the Territory; or (k) omits-- (i) the enacting words or the law-making words (including any signatures); or (ii) a provision that consists only of a description of how the law is arranged into groups of provisions; or (iii) a provision that has expired, the operation of which is exhausted or spent or that is otherwise obsolete or redundant; or (l) omits, inserts or changes a referential term; or (m) inserts, omits or changes a note; or (n) updates a reference to the heading to a provision; or (o) is consequential on any amendment made to the law by another law; or (p) is consequential on any other editorial amendment (whether made to that law or another law). Examples of consequential amendments for par (o) 1 If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted. 2 If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted. 3 If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3). 4 If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6). 5 If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c). 6 If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d). 7 If an amendment makes a change mentioned in any of examples 1 to 6, a cross-reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered. 8 If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg 'and'), the conjunction may be added after the semicolon. 9 If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted. 10 If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered. 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 s 126 and s 132). (2) In this section: "law" includes a law of another jurisdiction. "law of another jurisdiction"--see section 97 (1). "referential term "means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears. Examples 1 of this Act 2 of this section 3 hereof 4 said 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 117 Legal effect of editorial changes (1) A law that is amended or otherwise changed under this part in preparing an authorised republication of the law has effect for all purposes, on and after the republication date, as if the changes had been made by an Act that commenced on the republication date. (2) Without limiting subsection (1), section 83 (Consequences of amendment of statutory instrument by Act) applies to an amendment made under this part as if the amendment had been made by an Act. (3) This section is subject to section 115 (Amendments not to change effect). LEGISLATION ACT 2001 - SECT 118 Reference to editorial amendments If a law is amended under this part in preparing an authorised republication of the law, the republication must indicate that fact in a suitable place. LEGISLATION ACT 2001 - SECT 120 Act to be interpreted not to exceed legislative powers of Assembly (1) An Act is to be interpreted as operating to the full extent of, but not to exceed, the legislative power of the Legislative Assembly. (2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding the legislative power of the Legislative Assembly-- (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. (3) Without limiting subsection (1), if the application of a provision of an Act to a matter would, apart from this section, be interpreted as exceeding power, the provision's application to other matters is not affected. (4) This section is in addition to any provision of the Act itself. Note For the equivalent provision for statutory instruments, see s 43. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 121 Binding effect of Acts (1) An Act binds everyone, including people who are not Australian citizens and all governments. Note See the Self-Government Act, s 27 which provides that, except as provided by the regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth. See also s 120. (2) However, an Act does not bind the Territory to the extent that it requires or otherwise provides for the payment of money that, on payment, would form part of the public money of the Territory. (3) Also, subsection (1) does not make a government liable to be prosecuted for an offence. (4) To the extent that an Act does not bind a government, the same degree of immunity extends to a government entity in relation to an authorised act or omission of the entity. (5) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (6) In this section: "authorised"--an act or omission of a government entity is "authorised" if-- (a) for an instrumentality--the act or omission relates to a matter within the scope of the instrumentality's functions; and (b) for an officer or employee of the government--the act or omission relates to a matter within the scope of the duties of the officer or employee; and (c) for a contractor who exercises a function on behalf of the government--the act or omission relates to a matter within the scope of the contract; and (d) for anyone else who exercises a function on behalf of the government--the act or omission relates to a matter within the scope of the person's engagement. "government" includes the Territory, the Commonwealth, a State, another Territory or New Zealand. "government entity" includes-- (a) an instrumentality, officer or employee of the government; and (b) a contractor or anyone else who exercises a function on behalf of the government. LEGISLATION ACT 2001 - SECT 122 Application to Territory (1) In an Act or statutory instrument-- (a) a reference to an entity or position by name or description is a reference to the entity or position of that name or description in or for the Territory; and (b) a reference to a place, jurisdiction or anything else by name or description is a reference to the place, jurisdiction or thing of that name or description in or for the Territory. (2) If the name of an entity or position established under an Act or statutory instrument includes the words 'of the Australian Capital Territory', 'for the Australian Capital Territory', '(ACT)', or words having a similar effect, a reference in an Act or statutory instrument to the entity or position need not include the words. LEGISLATION ACT 2001 - SECT 125 Meaning of law in ch 13 In this chapter: "law" means an Act, subordinate law or disallowable instrument. Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). LEGISLATION ACT 2001 - SECT 126 Material that is part of Act or statutory instrument (1) A heading to a chapter, part, division, subdivision, schedule, or another provision (other than a section or subsection), of or to an Act or statutory instrument is part of the Act or instrument. (2) A heading to a section or subsection of an Act or statutory instrument is part of the Act or instrument if-- (a) the Act was enacted, or the instrument was made, after 1 January 2000; or (b) the heading was amended or inserted into the Act or instrument after 1 January 2000. (3) A preamble or other recital to an Act or statutory instrument is part of the Act or instrument. (4) An example or diagram in an Act or statutory instrument is part of the Act or instrument. (5) A schedule, dictionary or appendix to an Act or statutory instrument is part of the Act or instrument. (6) Punctuation in an Act or statutory instrument is part of the Act or instrument. (7) A provision number in an Act or statutory instrument is part of the Act or instrument. (8) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). (9) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 127 Material that is not part of Act or statutory instrument (1) A footnote, endnote, or other note, in or to an Act or statutory instrument is not part of the Act or instrument. (2) A table of contents (however described), or reader's guide or index, in or to an Act or statutory instrument is not part of the Act or instrument. (3) A heading to a section or subsection of an Act or statutory instrument is not part of the Act or instrument if section 126 (2) does not apply to the heading. (4) This section does not prevent the amendment of a note, table, guide, index or heading mentioned in subsection (1), (2) or (3). (5) However, such a note, table, guide or index does not become part of the Act or statutory instrument because it is amended or inserted by an Act or instrument. (6) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). (7) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 130 What is a definition? A definition is a provision (however expressed) of an Act or statutory instrument that-- (a) gives a meaning to a term; or (b) limits or extends the meaning of a term. Examples of definitions 1 "X" means Y. 2 X includes Y. 3 X means Y, and includes Z. 4 A reference to X is a reference to Y. 5 "X"--see section Y. 6 "X"--see the XYZ Act 1999, section Y. 7 In a proceeding against a person (the retailer), it is a defence if the retailer establishes that the goods were bought honestly. 8 "excluded"--a claim is excluded if the claim is not brought within 1 year after the day the claimant becomes aware of the failure to account to which the claim relates. 9 A term used in the XYZ Act 2003 has the same meaning in this Act. 10 A term defined in the XYZ Act 2003 has the same meaning in this Act. Note 1 Examples 5 and 6 illustrate signpost definitions, that is, definitions that do not themselves directly define a term but point the reader to the place where the term is defined (see s 131). Note 2 Example 7 illustrates a tagged-term definition (retailer) that takes its meaning from the context of the provision where the defined term is found. Note 3 Example 8 illustrates a definition that does not begin with the defined term. Note 4 For other provisions about definitions, see pt 15.2. Note 5 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 131 Signpost definitions (1) In an Act or statutory instrument, a definition of a term that includes the word 'see' followed by a reference to a law or instrument (a "signpost definition") means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time. Examples 1 A signpost definition '"food"--see section 10.' in the dictionary to an Act means that the word 'food' when used in the Act has the same meaning as it has in section 10, as in force from time to time. 2 A signpost definition '"injury"--see the XYZ Act 2001, dictionary.' in the dictionary to another Act means that the word 'injury', when used in the other Act, has the same meaning as it has in the definition of injury in the XYZ Act 2001, dictionary, as in force from time to time. 3 A signpost definition 'Work Safety Council--see the XYZ Act 2000", dictionary, definition of "council.' means that the expression 'Work Safety Council' has the same meaning as the word 'council' has in the definition of council in the XYZ Act 2000, dictionary, as in force from time to time. 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 s 126 and s 132). (2) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument). (3) In this section: "instrument" includes a provision of an instrument. "law" includes a law, or a provision of a law, of the Commonwealth, a State or another Territory. Note For other provisions about definitions, see pt 15.2. LEGISLATION ACT 2001 - SECT 132 Examples (1) An example in an Act or statutory instrument-- (a) is not exhaustive; and (b) may extend, but does not limit, the meaning of the Act or instrument, or the particular provision to which it relates. Examples 1 A specific case (which may be fictional) that helps to give meaning to the more abstract language of a provision. See the examples in section 43. 2 An example (which may be fictional) that clarifies the scope of a provision by illustrating cases that fall within the provision or cases that fall outside the provision, or both. See the examples in section 86. Note 1 These examples may overlap. Note 2 An example in an Act or statutory instrument is part of the Act or instrument (see s 126 (4)). (2) An example may take either of the following forms: (a) a statement at the end of the provision it illustrates (or at the end of a provision containing the provision it illustrates); (b) a statement forming part of the text of a provision that illustrates the operation of the provision, whether or not the words 'for example' are used. Examples for par (a) the examples in section 130 or this section, subsection (1) Example for par (b) the statement beginning 'for example' in section 36 (1) (a) (3) Subsection (2) does not limit the form that an example may take. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 133 Penalty units (1) In a law, if a penalty for an offence is expressed as a number (whether whole or fractional) of penalty units, the penalty for the offence is a fine of that number of penalty units. (2) A "penalty unit" is-- (a) for an offence committed by an individual--$110; or (b) for an offence committed by a corporation--$550. Example 'Maximum penalty: 10 penalty units.' means that a person who is convicted of the relevant offence is liable to a maximum fine of 10 penalty units. o If the person is an individual, the maximum fine is, therefore, $1 100 ($110 x 10). o If the person is a corporation, the maximum fine is, therefore, $5 500 ($550 x 10). 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 s 126 and s 132). (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 134 Penalties at end of sections and subsections (1) This section applies if a penalty (however expressed) is stated in a law-- (a) at the end of a section (whether or not the section is divided into subsections) and not expressed in a way that indicates that it applies only to a provision of the section; or (b) at the end of a subsection (but not at the end of a section) and not expressed in a way that indicates that it applies only to a provision of the subsection; or (c) at the end of a section or subsection and expressed in a way that indicates that it applies only to a provision of the section or subsection (the relevant provision). Example for par (a) the following penalty at the end of a section: 'Maximum penalty: 20 penalty units.' Example for par (b) the following penalty at the end of a subsection, but not at the end of a section: 'Maximum penalty: 20 penalty units.' Examples for par (c) 1 the following penalty at the end of a section divided into subsections: 'Maximum penalty (subsection (3)): 20 penalty units.'. 2 the following penalty at the end of a subsection, but not at the end of a section: 'Maximum penalty: (a) for paragraph (b)--20 penalty units; or (b) for another paragraph--50 penalty units, imprisonment for 6 months or both.' 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 s 126 and s 132). (2) If an offence is not expressly mentioned in the section, subsection or relevant provision, the penalty indicates that contravention of the section, subsection or relevant provision is an offence punishable on conviction as provided by subsection (4). Example of a penalty applying to entire section or subsection A person must not contravene a notice. Maximum penalty: 20 penalty units. Example of a penalty applying to a stated provision (2) The register of transactions-- (a) may be kept in electronic form; and (b) must contain the particulars mentioned in section 91C. Maximum penalty (paragraph (b)): 20 penalty units. (3) If an offence is expressly mentioned in the section, subsection or relevant provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4). Example of a penalty applying to entire section or subsection A person who contravenes a notice commits an offence. Maximum penalty: 20 penalty units. Example of a penalty applying to a stated provision (2) If a person keeps the person's identity card after ceasing to be an officer-- (a) the person commits an offence; and (b) the identity card is forfeited to the Territory. Maximum penalty (paragraph (a)): 20 penalty units. (4) The penalty that may be imposed for the offence is-- (a) if only a single penalty is stated (whether as a maximum penalty or a penalty)--not more than the stated penalty; or (b) if a minimum as well as a maximum penalty is stated--not less than the minimum and not more than the maximum. (5) If-- (a) a penalty (however expressed) is stated in a law at the end of a section divided into subsections; and (b) another penalty (however expressed) is stated at the end of another subsection of the section; and (c) the first penalty is not expressed in a way that indicates that it applies only to a particular provision of the last subsection; the first penalty is taken, for this section, to be expressed in a way that indicates that it applies only to the last subsection. Example In the following example, subsection (4) is the last subsection and the penalty stated at the end applies only to that subsection: '(2) A permit holder must record all transactions under this Act. Maximum penalty: 20 penalty units. (3) If a permit holder is convicted of an offence against subsection (2), the registrar must cancel the permit. (4) A permit holder must not sell a declared substance in contravention of this Act. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.'. (6) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded. (7) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 135 Penalties not at end of sections and subsections (1) This section applies if a penalty (however expressed) is stated in a provision of a law other than at the end of a section or subsection. (2) If an offence is expressly mentioned in the provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4). Example A person who contravenes subsection (3) commits an offence punishable by a fine of not more than 20 penalty units. 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 s 126 and s 132). (3) If an offence is not expressly mentioned in the provision, the penalty indicates that contravention of the provision (or a stated part of the provision) is an offence punishable on conviction as provided by subsection (4). Example A person who contravenes subsection (3) must pay a fine of not more than 20 penalty units. (4) The penalty that may be imposed for the offence is-- (a) if only a single penalty is stated (whether as a maximum penalty or a penalty)--not more than the stated penalty; or (b) if a minimum as well as a maximum penalty is stated--not less than the minimum and not more than the maximum. (5) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded. (6) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 136 Meaning of Act in ch 14 In this chapter: "Act" includes a statutory instrument. Note Section 7 (3) provides that a reference to an Act includes a reference to a provision of an Act. Section 13 (3) provides that a reference to a statutory instrument includes a reference to a provision of a statutory instrument. LEGISLATION ACT 2001 - SECT 137 Purpose and scope of ch 14 (1) The purpose of this chapter is to provide guidance about the interpretation of Acts. (2) This chapter is not intended to be a comprehensive statement of the law of interpretation applying to Acts. (3) In particular, this chapter assumes that common law presumptions operate in conjunction with this chapter. (4) Subsection (3) also applies to common law presumptions that come into existence after the commencement of this chapter. LEGISLATION ACT 2001 - SECT 138 Meaning of working out the meaning of an Act In this part: "working out the meaning of an Act" means-- (a) resolving an ambiguous or obscure provision of the Act; or (b) confirming or displacing the apparent meaning of the Act; or (c) finding the meaning of the Act when its apparent meaning leads to a result that is manifestly absurd or is unreasonable; or (d) finding the meaning of the Act in any other case. LEGISLATION ACT 2001 - SECT 139 Interpretation best achieving Act's purpose (1) In working out the meaning of an Act, the interpretation that would best achieve the purpose of the Act is to be preferred to any other interpretation. (2) This section applies whether or not the Act's purpose is expressly stated in the Act. Note The Human Rights Act 2004, s 30 (1) (which is about interpreting legislation to be consistent with human rights) is also relevant to interpreting territory laws. LEGISLATION ACT 2001 - SECT 140 Legislative context In working out the meaning of an Act, the provisions of the Act must be read in the context of the Act as a whole. Examples 1 The long title of an Act provides that it is an Act to give certain benefits to the holders of pensioner cards. Section 4 provides 'This Act applies to a holder of a pensioner card'. Section 22 provides that the commissioner may grant 'a person' an exemption from payment of rates. The Act does not contain a definition of 'person'. Section 22 must be read in the context of the Act as a whole so that the commissioner may only grant exemptions to people who are holders of pensioner cards. 2 The Drug Testing Regulation 2001 (made under the Drug Testing Act 2000 (hypothetical)), section 6 contains the following heading: 6 Corresponding law--Act, s 100, def corresponding law The heading indicates that the section has been made for the definition of corresponding law in the Drug Testing Act 2000, section 100. 3 Section 12 (1) of a subordinate law refers to 'a non-conviction order under the Crimes (Sentencing) Act 2005'. No other kind of order is mentioned in the section and the word 'order' is not otherwise defined in the subordinate law. Subsections (2), (4), (7) and (9) of the same section, which only refer to 'the order', are to be understood as referring to the order mentioned in subsection (1). Note 1 See s 126 and s 127 for material that is, or is not, part of an Act or statutory instrument. Note 2 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 141 Non-legislative context generally (1) In working out the meaning of an Act, material not forming part of the Act may be considered. Note 1 See s 146 for the meaning of may and must. Note 2 See s 126 and s 127 for material that is, or is not, part of an Act or statutory instrument. Note 3 See s 142 for material that may be considered in working out the meaning of an Act or statutory instrument. (2) In deciding whether material not forming part of an Act should be considered in working out the meaning of the Act, and the weight to be given to the material, the following matters must be taken into account: (a) the desirability of being able to rely on the ordinary meaning of the Act, having regard to the purpose of the Act and the provisions of the Act read in the context of the Act as a whole; (b) the undesirability of prolonging proceedings without compensating advantage; (c) the accessibility of the material to the public. (3) Subsection (2) does not limit the matters that may be taken into account. (4) For subsection (2) (c), material in the register is taken to be accessible to the public. Note The register is the ACT legislation register (see dict, pt 2, def register). LEGISLATION ACT 2001 - SECT 142 Non-legislative context--material that may be considered (1) In working out the meaning of an Act, material mentioned in table 142, column 2 may be considered. (2) In working out the meaning of a statutory instrument, material mentioned in table 142, column 3 may be considered. (3) This section does not limit the material that may be considered in working out the meaning of an Act or statutory instrument. Table 142 column 1 item column 2 Act column 3 statutory instrument 1 material not forming part of the Act contained in an authorised version of the Act Note See ch 3 (Authorised versions and evidence of laws and legislative material). material not forming part of the statutory instrument contained in an authorised version of the instrument Note See ch 3 (Authorised versions and evidence of laws and legislative material). 2 any relevant report of a royal commission, law reform commission, committee of inquiry or other similar entity that was presented to the Legislative Assembly before the Act was passed any relevant report of a royal commission, law reform commission, committee of inquiry or other similar entity that was presented to the Legislative Assembly-- (a) if the statutory instrument was presented to the Assembly--before the end of 6 sitting days after the day the instrument was presented to the Assembly; or (b) in any other case--before the instrument was made 3 any relevant report of a committee of the Legislative Assembly that was made to the Assembly before the Act was passed any relevant report of a committee of the Legislative Assembly that was made to the Assembly-- (a) if the statutory instrument was presented to the Assembly--before the end of 6 sitting days after the day the instrument was presented to the Assembly; or (b) in any other case--before the instrument was made 4 any explanatory statement (however described) for the bill that became the Act, or any other relevant document, that was presented to the Legislative Assembly before the Act was passed if the statutory instrument was presented to the Legislative Assembly--any explanatory statement (however described) for the instrument, or any other relevant document, that was presented to the Legislative Assembly before the end of 6 sitting days after the instrument was presented to the Assembly 5 the presentation speech made to the Legislative Assembly during the passage of the bill that became the Act if the statutory instrument was presented to the Legislative Assembly by a member of the Assembly--any presentation speech made to the Assembly 6 official reports of proceedings in the Legislative Assembly in relation to the bill that became the Act if the statutory instrument was presented to the Legislative Assembly--official reports of proceedings in the Legislative Assembly in relation to the statutory instrument 7 any relevant treaty or other international agreement to which Australia is a party any relevant treaty or other international agreement to which Australia is a party LEGISLATION ACT 2001 - SECT 143 Law stating material for consideration in working out meaning (1) If a relevant law provides that stated material may or must be considered in working out the meaning of an Act or statutory instrument, that does not by implication prevent other material of the same or similar kind being considered in working out the meaning of the Act or instrument. Example The Computer Crime Act 2000 (hypothetical) contains the following provision: 4 Report may be used as an aid to interpretation The Community Law Reform Report on Computer Crime (CLRC No X) may be considered in working out the meaning of this Act. This does not limit access to other non-legislative material of the same or a similar kind for working out the meaning of the Computer Crime Act 2000. 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 s 126 and s 132). (2) In this section: "relevant law" means-- (a) in working out the meaning of an Act--the Act or another Act; or (b) in working out the meaning of a statutory instrument made under an Act--the Act, another Act or the instrument; or (c) in working out the meaning of a statutory instrument made under another statutory instrument--an Act or either instrument. LEGISLATION ACT 2001 - SECT 144 Meaning of commonly-used terms A definition in the dictionary, part 1 applies to all Acts and statutory instruments. Note See s 130 for the definition of definition and s 131 for provisions about signpost definitions. LEGISLATION ACT 2001 - SECT 145 Gender and number In an Act or statutory instrument-- (a) words indicating a gender include every other gender; and (b) words in the singular number include the plural and words in the plural number include the singular. LEGISLATION ACT 2001 - SECT 146 Meaning of may and must (1) In an Act or statutory instrument, the word "may", or a similar term, used in relation to a function indicates that the function may be exercised or not exercised, at discretion. Note Function is defined in the dict, pt 1 to include authority, duty and power. (2) In an Act or statutory instrument, the word "must", or a similar term, used in relation to a function indicates that the function is required to be exercised. (3) This section is a determinative provision so far as it applies to an applicable law or an applicable provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "applicable law" means an Act enacted, or statutory instrument made, after the application date. "applicable provision" means a provision inserted after the application date into an Act or statutory instrument that is not an applicable law. "application date" means-- (a) for an Act, subordinate law or disallowable instrument--1 January 2000; and (b) for any other statutory instrument--1 January 2006. "inserted", for a provision, includes inserted in substitution for another provision. LEGISLATION ACT 2001 - SECT 147 Changes of drafting practice not to affect meaning (1) The purpose of this section is to encourage the making of progressive improvements in the form of the statute book without inadvertently changing the substantive effect of the law. Note See also s 96 (Relocated provisions). (2) This is to be achieved particularly by updating the language and structure of Acts and statutory instruments to replace older forms of legislative expression with forms reflecting current legislative drafting practice. (3) If an Act or statutory instrument is amended so that it contains an older form of legislative expression in a provision and a newer form in another, the ideas in the 2 provisions must not be regarded as different only because different words are used or the provisions are structured in different ways. (4) Subsection (3) also applies if the provisions are in different Acts or statutory instruments. (5) Also, if an Act or statutory instrument is amended so that a provision containing an older form of legislative expression is replaced (whether or not in the same position) by a provision in a newer form, the ideas in the 2 provisions must not be regarded as different only because different words are used or the provisions are structured in different ways. (6) In deciding whether the ideas are different, regard must be had to the context and history of the 2 provisions. (7) Subsection (6) does not limit the matters to which regard may be had. (8) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 148 Terms used in instruments have same meanings as in authorising laws Terms used in a statutory instrument have the same meanings as they have, from time to time, in the Act or statutory instrument (the authorising law), or the relevant provisions of the authorising law, under which the instrument is made or in force. LEGISLATION ACT 2001 - SECT 149 Age in years For an Act or statutory instrument, a person is an age in years at the beginning of the person's birthday for the age. LEGISLATION ACT 2001 - SECT 150 Measurement of distance In applying an Act or statutory instrument, distance is to be measured in a straight line on a horizontal plane. LEGISLATION ACT 2001 - SECT 151 Working out periods of time generally (1) This section applies in working out periods of 1 day or longer for an Act or statutory instrument, whether the period is a period in the future or the past. Note 1 The following definitions in the dictionary, pt 1 are also relevant to periods of time: o business day o calendar month o calendar year o financial year o midnight o month o named month o quarter o working day o year. Note 2 The Standard Time and Summer Time Act 1972 deals with the meaning of a reference to a time. (2) A period of time described as beginning at, on or with a stated day, act or event includes the stated day or the day of the stated act or event. (3) A period of time described as beginning from or after a stated day, act or event does not include the stated day or the day of the stated act or event. (4) A period of time described as ending at, by, on or with, or as continuing to or until, a stated day, act or event includes the stated day or the day of the stated act or event. (5) A period of time described as ending before a stated day, act or event does not include the stated day or the day of the stated act or event. (6) A reference to a number of days between 2 events does not include the days when the events happen. Example A court rule requires a notice of motion to be served 2 days before the return date for the application. If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days. For service to be valid, the application must be served on or before the Tuesday before the return date. 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). (7) Despite subsection (3), if, under an Act or statutory instrument, something must or may be done within a particular period of time after a stated day, the thing may be done on the stated day. (8) This section is a determinative provision so far as it applies to an applicable law or applicable provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (9) In this section: "applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006. "applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law. "inserted", for a provision, includes inserted in substitution for another provision. LEGISLATION ACT 2001 - SECT 151A Periods of time ending on non-working days (1) This section applies if-- (a) under an Act or statutory instrument, something must or may be done on a particular day or within a particular period of time; and (b) the day, or the last day of the period, is not a working day. (2) The thing must or may be done on the next day that is a working day. (3) This section is a determinative provision so far as it applies to an applicable law or applicable provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (4) In this section: "applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006. "applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law. "inserted", for a provision, includes inserted in substitution for another provision. "public entity" means-- (a) a court or tribunal; or (b) an administrative unit; or (c) a statutory-office holder; or (d) any other entity established for a public purpose under a law. "working day" means-- (a) for doing something at an office (however described) of a public entity where the thing must or may be done--a day when the office is open; and (b) for doing anything else--a day that is not-- (i) a Saturday or Sunday; or (ii) a public holiday at the place where the thing must or may be done; or (iii) if the thing is to be done by or in relation to an authorised deposit-taking institution--a day observed by the institution as a bank holiday at the place where the thing must or may be done. Example for par (a) filing a document at a court registry 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). LEGISLATION ACT 2001 - SECT 151B Doing things for which no time is fixed (1) This section applies if-- (a) under an Act or statutory instrument, something must or may be done; but (b) no time is provided for doing the thing. (2) The thing must or may be done as soon as possible and as often as needed. LEGISLATION ACT 2001 - SECT 151C Power to extend time (1) This section applies if, under an Act or statutory instrument-- (a) something must or may be done on a particular day or within a particular period of time; but (b) a court or other entity has power to extend the time (the relevant time) for doing the thing. (2) A person may apply to the court or other entity for the relevant time to be extended even though the relevant time has ended. (3) The court or other entity may extend the relevant time even though the relevant time has ended. (4) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. (5) This section applies only to an applicable law or applicable provision. (6) In this section: "applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006. "applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law. "inserted", for a provision, includes inserted in substitution for another provision. LEGISLATION ACT 2001 - SECT 152 Continuing effect of obligations If, under a provision of an Act or statutory instrument, an act is required to be done, the obligation to do the act continues until the act is done even if-- (a) the provision required the act to be done within a particular period or before a particular time, and the period has ended or the time has passed; or (b) someone has been convicted of an offence in relation to failure to do the act. Note to pt 15.2 See also s 130 (What is a definition?), s 131 (Signpost definitions) and s 148 (Terms used in instruments have same meanings as in authorising laws). LEGISLATION ACT 2001 - SECT 155 Definitions apply subject to contrary intention (1) A definition in an Act or statutory instrument applies except so far as the contrary intention appears. (2) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 156 Application of definitions in dictionaries and sections (1) A definition in the dictionary to an Act or statutory instrument applies to the entire Act or instrument unless the Act or instrument provides for the definition to have a more limited application. Examples 1 The dictionary to the ABC Act 1999 includes the signpost definition '"x"--see the XYZ Act 1998, section 3.'. There is nothing in the ABC Act 1999 indicating the intended application of the definition of x. The definition of x in the XYZ Act 1998, section 3, therefore, applies to the entire ABC Act 1999. 2 In an Act, the word z is defined in the dictionary. The definition provides, in part, that '"z", in part 4 (Registration of vehicles), means ...'. The definition of "z" applies only to part 4. 3 In part 6 of an Act (which is headed 'Part 6 Complaints'), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words 'In this part:'. However, the dictionary to the Act contains the following definition: "a"--see section 50. The definition of a applies to the entire Act (compare s (2) eg 2). Note 1 See s 144 (Meaning of commonly-used terms) for the application of the definitions in this Act, dict, pt 1. Note 2 Section 148 (Terms used in instruments have same meanings as in authorising laws) provides that terms used in a statutory instrument have the same meaning as they have in the Act or statutory instrument under which the statutory instrument is made. Note 3 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 s 126 and s 132). (2) A definition in a section of an Act or statutory instrument applies only to the section unless the Act or instrument provides for the definition to have a broader application. Examples 1 This Act, section 255 (7) (Forms) contains definitions of form 1 and form 2 as tagged terms. There is nothing in this Act indicating that the definitions apply outside section 255. The definitions apply only to section 255. 2 In part 6 of an Act (which is headed 'Part 6 Complaints'), the word a is defined in section 50. The section is not divided into subsections but contains a number of definitions. Section 50 begins with the words 'In this part:'. However, the dictionary to the Act contains the following definition: "a", for part 6 (Complaints)--see section 50. The definition of a applies to all of part 6, but not to provisions of the Act outside part 6 (compare s (1) eg 3). 3 In an Act, the word b is defined in a section, which is not divided into subsections but contains a number of definitions. The section begins with the words 'In this Act:'. The definition of b applies to the entire Act. (3) A definition in a section of an Act or statutory instrument applies to the entire section unless the Act or instrument provides for the definition to have a more limited application. Example In a subsection of a section of an Act, the word c is defined. The subsection begins with the words 'In subsection (3):'. The definition of c applies only to subsection (3) of that section. (4) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section is a reference to a corresponding provision of the Act or instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). LEGISLATION ACT 2001 - SECT 157 Defined terms--other parts of speech and grammatical forms If an Act or statutory instrument defines a term, other parts of speech and grammatical forms of the term have corresponding meanings. Example The Publication (Grants) Act 2001 contains a definition of publish and also contains other forms of the same word ('published', 'publisher', 'publishes', 'publishing' and 'publication'). Because of this section, all forms of the word will have the same meaning except so far as the Act otherwise expressly provides or a contrary intention appears (see s 6 (3)). 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 s 126 and s 132). Note to pt 15.3 See also ch 10 (Referring to laws). LEGISLATION ACT 2001 - SECT 160 References to people generally (1) In an Act or statutory instrument, a reference to a "person" generally includes a reference to a corporation as well as an individual. (2) Subsection (1) is not displaced only because there is an express reference to either an individual or a corporation elsewhere in the Act or statutory instrument. Examples of references to a person generally 1 another person 2 anyone else 3 party 4 someone else 5 employer Examples of express references to a corporation 1 body corporate 2 company Examples of express references to an individual 1 adult 2 child 3 spouse 4 driver (3) Subsection (2) does not limit the operation of section 6. Note Section 6 deals with the displacement of a provision of this Act. LEGISLATION ACT 2001 - SECT 161 Corporations liable to offences (1) A provision of a law that creates an offence (whether indictable or summary) applies to corporations as well as to individuals. (2) A provision of a law that creates an offence can apply to a corporation even though contravention of the provision is punishable by imprisonment (with or without another penalty). Example A provision of an Act contains the following penalty: 'Maximum penalty: 100 penalty units, imprisonment for 1 year or both.' The provision can apply to a corporation. (3) If a corporation is convicted of an offence and, apart from this subsection, the penalty for the offence is a period of imprisonment only, the court may impose a maximum penalty of-- (a) if the period of imprisonment is not longer than 6 months--50 penalty units; and (b) if the period of imprisonment is longer than 6 months but not longer than 1 year--100 penalty units; and (c) if the period of imprisonment is longer than 1 year but not longer than 2 years--200 penalty units; and (d) if the period of imprisonment is longer than 2 years but not longer than 5 years--500 penalty units; and (e) if the period of imprisonment is longer than 5 years but not longer than 10 years--1 000 penalty units; and (f) if the period of imprisonment is longer than 10 years--1 500 penalty units. Note Section 133 explains the meaning and value of penalty units. (4) In this section: "law" means an Act, subordinate law or disallowable instrument. LEGISLATION ACT 2001 - SECT 162 References to a Minister or the Minister (1) In an Act or statutory instrument, a reference to a Minister is a reference to the Chief Minister or a Minister appointed under the Self-Government Act, section 41. Note See dict, pt 1, def Chief Minister. (2) In a provision of an Act or statutory instrument, a reference to the Minister without identifying the Minister's title or portfolio is a reference to-- (a) the Minister for the time being administering the provision; or (b) if, for the time being, different Ministers administer the provision in relation to different matters-- (i) if only 1 Minister administers the provision in relation to the relevant matter--the Minister; or (ii) if 2 or more Ministers administer the provision in relation to the relevant matter--any of the Ministers; or (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision--any of the Ministers. (3) In subsection (2): "Minister" includes a Minister for the time being acting on behalf of the Minister or 2 or more Ministers. (4) If an Act or statutory instrument mentions a Minister and identifies the Minister by reference to the fact that the Minister administers a stated Act, statutory instrument or provision, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the stated Act, instrument or provision. Note See also dict, pt 1, defs Attorney-General and Treasurer. LEGISLATION ACT 2001 - SECT 163 References to a chief executive or the chief executive (1) In an Act or statutory instrument, a reference to a chief executive is a reference to a person employed under the Public Sector Management Act, section 28 (Chief executives--engagement) or section 30 (Chief executives--temporary contracts) to perform the duties of an office of chief executive. (2) In a provision of an Act or statutory instrument, a reference to the chief executive without identifying the chief executive's title is a reference to-- (a) the chief executive of the administrative unit responsible for the provision; or (b) if, for the time being, different administrative units are responsible for the provision in relation to different matters-- (i) if only 1 administrative unit is responsible for the provision in relation to the relevant matter--the chief executive of the administrative unit; or (ii) if 2 or more administrative units are responsible for the provision in relation to the relevant matter--the chief executive of any of the administrative units; or (c) if paragraph (b) does not apply and, for the time being, 2 or more administrative units are responsible for the provision--the chief executive of any of the administrative units. Note See dict, pt 1, def administrative unit. (3) If an Act or statutory instrument mentions a chief executive and identifies the chief executive by reference to the fact that the chief executive is the chief executive of the administrative unit responsible for a stated Act, statutory instrument or provision, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the stated Act, instrument or provision. (4) In this section: "chief executive", of an administrative unit, means the person who is employed under the Public Sector Management Act, section 28 or section 30 to perform the duties of the office of chief executive in the administrative unit. "Public Sector Management Act" means the Public Sector Management Act 1994. "responsible", for a provision, means allocated responsibility for the provision under the Public Sector Management Act, section 14 (1) (b) (Ministerial responsibility and functions of administrative units). LEGISLATION ACT 2001 - SECT 164 References to Australian Standards etc (1) In an Act or statutory instrument, a reference consisting of the words 'Australian Standard' or 'AS' followed by a number is a reference to the standard so numbered published by or on behalf of Standards Australia. (2) In an Act or statutory instrument, a reference consisting of the words 'Australian/New Zealand Standard' or 'AS/NZS' followed by a number is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and Standards New Zealand. Examples for s 164 1 AS 4608-1999 2 AS/NZS 4906: 1994 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 165 References to Assembly committees that no longer exist In an Act or statutory instrument, a reference (whether by name or description) to a committee of the Legislative Assembly that no longer exists is a reference to the committee of the Assembly nominated by the Speaker either generally or for the provision containing the reference. LEGISLATION ACT 2001 - SECT 168 References to person with interest in land include personal representative etc In an Act or statutory instrument, a reference to a person with an interest in land or other property includes a reference to the person's personal representatives, successors and assigns. Examples of references to people with interests in land 1 proprietor 2 transferor or transferee 3 mortgagor or mortgagee 4 lessor or lessee 5 sublessor or sublessee 6 trustee 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 169 References to domestic partner and domestic partnership (1) In an Act or statutory instrument, a reference to a person's "domestic partner" is a reference to someone who lives with the person in a domestic partnership, and includes a reference to a spouse or civil partner of the person. Note The Macquarie dictionary, (1997) defines spouse as 'either member of a married pair in relation to the other; one's husband or wife'. (2) In an Act or statutory instrument, a domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis. Example of indicators to decide whether 2 people are in a domestic partnership 1 the length of their relationship 2 whether they are living together 3 if they are living together--how long and under what circumstances they have lived together 4 whether there is a sexual relationship between them 5 their degree of financial dependence or interdependence, and any arrangements for financial support, between or by them 6 the ownership, use and acquisition of their property, including any property that they own individually 7 their degree of mutual commitment to a shared life 8 whether they mutually care for and support children 9 the performance of household duties 10 the reputation, and public aspects, of the relationship between them 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 s 126 and s 132). (3) In an Act or statutory instrument, a reference to a domestic partnership includes a reference to a marriage and a civil partnership. LEGISLATION ACT 2001 - SECT 169A References to transgender people (1) A "transgender person" is a person who-- (a) identifies as a member of a different sex by living, or seeking to live, as a member of that sex; or (b) has identified as a member of a different sex by living as a member of that sex; whether or not the person is a recognised transgender person. (2) A "transgender person" includes a person who is thought of as a transgender person, whether or not the person is a recognised transgender person. (3) A recognised transgender person is a person the record of whose sex is altered under the Births, Deaths and Marriages Registration Act 1997, part 4 or the corresponding provisions of a law of a State or another Territory. LEGISLATION ACT 2001 - SECT 169B References to intersex people An intersex person is a person who, because of a genetic condition, was born with reproductive organs or sex chromosomes that are not exclusively male or female. LEGISLATION ACT 2001 - SECT 170 Privileges against selfincrimination and exposure to civil penalty (1) An Act or statutory instrument must be interpreted to preserve the common law privileges against selfincrimination and exposure to the imposition of a civil penalty. (2) However, this section does not affect the operation of the Evidence Act 1995 (Cwlth). Note The Evidence Act 1995 (Cwlth), s 128 contains provisions that apply if a witness raises these privileges in a proceeding. The section applies to proceedings in ACT courts (see Evidence Act 1995 (Cwlth), s 4). However, the privileges have been abolished for bodies corporate (see Evidence Act 1995 (Cwlth), s 187). (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 171 Client legal privilege (1) An Act or statutory instrument must be interpreted to preserve the common law privilege in relation to client legal privilege (also known as legal professional privilege). (2) However, this section does not affect the operation of the Evidence Act 1995 (Cwlth). Note The Evidence Act 1995 (Cwlth), pt 3.10, div 1 contains provisions about client legal privilege. The provisions apply to proceedings in ACT courts (see Evidence Act 1995 (Cwlth), s 4). (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 175 Meaning of law in ch 16 In this chapter: "law" means an Act, subordinate law or disallowable instrument. Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). LEGISLATION ACT 2001 - SECT 176 Jurisdiction of courts and tribunals (1) This section applies if a law, whether expressly or by implication, authorises a proceeding (whether civil or criminal) to be brought in a particular court or tribunal in relation to a matter. (2) The law vests the court or tribunal with jurisdiction in the matter. (3) The jurisdiction so vested is not limited by any limits to which any other jurisdiction of the court or tribunal may be subject. Note See also s 45 which relates to the making of rules carrying out or giving effect to the jurisdiction of the court or tribunal. LEGISLATION ACT 2001 - SECT 177 Recovery of amounts owing under laws If an amount is owing under a law to a person (the creditor) by another person (the debtor), the creditor may recover the amount as a debt owing by the debtor to the creditor in a court of competent jurisdiction or the ACAT. LEGISLATION ACT 2001 - SECT 178 Power to decide includes power to take evidence etc (1) A court, tribunal or other entity authorised by law to hear and decide a matter (however expressed) has power-- (a) to take evidence, including evidence on oath; and (b) to examine witnesses; and (c) to administer oaths to witnesses. (2) The court, tribunal or other entity may authorise a person to administer an oath to a witness. (3) This section does not limit any other power of the court, tribunal or other entity. LEGISLATION ACT 2001 - SECT 179 Content of statements of reasons for decisions (1) This section applies if a law requires a tribunal or other entity making a decision to give written reasons for the decision, whether the term 'reasons', 'grounds' or any other term is used. (2) The document giving the reasons must also set out the findings on material questions of fact and refer to the evidence or other material on which the findings were based. (3) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 180 Power to make decision includes power to reverse or change (1) Power given by a law to make a decision includes power to reverse or change the decision. (2) The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision. Example If the power to include land in a special reserve is exercisable only on the resolution of the Legislative Assembly, the power to excise land from a special reserve is exercisable only on the resolution of the Assembly. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 182 Meaning of law in ch 17 In this chapter: "law" means an Act or statutory instrument. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). LEGISLATION ACT 2001 - SECT 183 Change of name of entity (1) If a law changes the name of an entity established under a law, the entity continues in existence under the new name and its identity is not affected by the change. (2) If the name of an entity is changed, a reference in a law to the entity by its previous name is taken, after the change, to be a reference to the entity by its new name. (3) To remove any doubt, subsection (2) applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction. Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2). LEGISLATION ACT 2001 - SECT 184 Change in constitution of entity (1) This section applies if a law changes how an entity established under a law is constituted. (2) The entity continues in existence as newly constituted and its identity is not affected by the change. (3) Without limiting subsection (2), the change does not affect-- (a) any function, right, privilege, liability or property of the entity; or (b) the bringing of a proceeding, or the continuation of a proceeding, by or against the entity; or (c) the carrying out of an investigation or inquiry, or the continuation of an investigation or inquiry, in relation to anything done or not done by or in relation to the entity. Note Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 184A References to entity (1) In a law, a reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise. (2) To remove any doubt, this section applies to all entities, whether or not in or for the Territory, including entities established under a law of another jurisdiction. LEGISLATION ACT 2001 - SECT 185 References to occupant of position (1) In a law, a reference to the occupant of a position (however expressed) includes a reference to anyone for the time being occupying the position. (2) To remove any doubt, this section applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction. Note See s 200 (1) (Functions of occupants of positions) and the definitions of occupy and position in the dict, pt 1. LEGISLATION ACT 2001 - SECT 186 Change of name of position (1) If a law changes the name of a position established under a law, the position continues in existence under the new name and its identity is not affected by the change. (2) If the name of a position is changed, a reference in a law to the position by its previous name is taken, after the change, to be a reference to the position by its new name. (3) To remove any doubt, subsection (2) applies to all positions, whether or not in or for the Territory, including positions established under a law of another jurisdiction. LEGISLATION ACT 2001 - SECT 187 Chair and deputy chair etc (1) If a law establishes a position of chair or chairperson of an entity, the chair or chairperson may be referred to as chairman, chairwoman, chairperson or chair. (2) If a law establishes a position of deputy chair or deputy chairperson of an entity, the deputy chair or deputy chairperson may be referred to as deputy chairman, deputy chairwoman, deputy chairperson or deputy chair. Note to ch 18 See also s 133 to s 135 (which relate to penalty units and penalty provisions) and s 161 (Corporations liable to offences). LEGISLATION ACT 2001 - SECT 188 Meaning of ACT law in ch 18 In this chapter: "ACT law" means an Act or subordinate law. Note A reference to an Act or subordinate law includes a reference to a provision of the Act or law (see s 7 and s 8). LEGISLATION ACT 2001 - SECT 189 Reference to offence includes reference to related ancillary offences A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law. Example X is the holder of a licence under the Plant Development Act 2001 (hypothetical). The Plant Development Act, section 23 provides for the cancellation of a licence if a licence holder commits an offence against the Act. While his business premises are being inspected, X incites an employee to obstruct the inspector. As a result, the employee obstructs the inspector (which is an offence against the Act). X is later convicted of the offence of incitement against the Criminal Code, section 47 (which is an offence in the Criminal Code, pt 2.4). Because of the Legislation Act, section 189, X is taken to have committed an offence against the Plant Development Act and is therefore liable to have his licence cancelled. Note 1 The result would be the same if X had been convicted of conspiracy relating to the offence of obstruction in the Plant Development Act. Apart from the Legislation Act, section 189, the following offences in the Criminal Code, pt 2.4 could also apply to the offence in the Plant Development Act: o attempt (s 44 (Attempt)) o aiding and abetting (s 45 (Complicity and common purpose)). Note 2 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 190 Indictable and summary offences (1) An offence is an "indictable offence" if-- (a) it is punishable by imprisonment for longer than 2 years; or (b) it is declared by an ACT law to be an indictable offence. (2) An "indictable offence" includes an indictable offence that is or may be dealt with summarily. (3) Any other offence is a summary offence and is punishable on summary conviction. LEGISLATION ACT 2001 - SECT 191 Offences against 2 or more laws (1) If an act or omission by a person is an offence against 2 or more ACT laws, the person may be prosecuted for and convicted of any of the offences, but is not liable to be punished more than once for the act or omission. (2) If-- (a) an act or omission by a person is an offence against both an ACT law and a law of another jurisdiction; and (b) the person has been punished for the offence against the law of the other jurisdiction; the person is not liable to be punished for the offence against the ACT law. LEGISLATION ACT 2001 - SECT 192 When must prosecutions begin? (1) A prosecution for the following offences against an ACT law may be begun at any time: (a) an offence by an individual punishable by imprisonment for longer than 6 months; (b) an offence by a corporation punishable by a prescribed fine; Note See s 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment. (c) an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a prescribed fine. (2) A prosecution for any other offence against an ACT law must be begun not later than-- (a) 1 year after the day of commission of the offence; or (b) if an ACT law provides for another period--that period. (3) However, if a coroner's inquest or inquiry, or an inquiry under the Inquiries Act 1991 or the Royal Commissions Act 1991, is held into a matter that discloses or is otherwise found to relate to an offence mentioned in subsection (2), a prosecution for the offence may be begun not later than 1 year after the day when-- (a) the coroner's report is made; or (b) the report of the board of inquiry or royal commission is given to the Chief Minister. (4) In this section: "aiding and abetting offence" means an offence against the Criminal Code, section 45 (Complicity and common purpose). "prescribed fine", for an offence, means-- (a) if the penalty for the offence is expressed in penalty units--100 penalty units or more; or (b) if the penalty for the offence is expressed as an amount of money--$50 000 or more. LEGISLATION ACT 2001 - SECT 193 Continuing offences (1) This section applies to a requirement to do an act if-- (a) the act is required to be done under an ACT law within a particular period or before a particular time; and (b) failure to comply with the requirement is an offence against the law. (2) A person who fails to comply with the requirement commits an offence for each day until the act is done. (3) A day mentioned in subsection (2) includes any day of conviction for an offence and any later day. Note See also s 152 (Continuing effect of obligations). LEGISLATION ACT 2001 - SECT 195 Meaning of law in ch 19 In this chapter: "law" means an Act, subordinate law or disallowable instrument. Note A reference to an Act, subordinate law or disallowable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). Note to pt 19.2 Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 196 Provision giving function gives power to exercise function (1) A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function. Note See dict, pt 1, defs entity and exercise. (2) The powers given to the entity under subsection (1) are in addition to any other powers of the entity under the law. LEGISLATION ACT 2001 - SECT 197 Statutory functions may be exercised from time to time If a law gives a function to an entity, the function may be exercised from time to time. Note See also s 42 (3) (Power to make statutory instruments). LEGISLATION ACT 2001 - SECT 199 Functions of bodies (1) If a law authorises or requires a body to exercise a function, it may do so by resolution. Note See dict, pt 1, def body. (2) To remove any doubt, subsection (1) applies in relation to a function even though a law authorises or requires the function to be exercised in writing. (3) If a law authorises or requires a signature by a person and the person is a body, the signature of a person authorised by the body for the purpose is taken to be the signature of the body. (4) If a law gives a function to a body, the function may be exercised by the body as constituted for the time being. Example The ACT Conference Organisers Registration Board is a statutory body consisting of 5 members. At a meeting of the board it is agreed to exempt a conference organiser from registration on certain conditions. On the day after the meeting, 1 of the members of the board (X) resigns and another person (Y) is appointed to the board in X's place. At the next meeting of the board, the board considers additional information submitted by the conference organiser and agrees to amend the conditions of exemption. Because of subsection (4), the board's ability to use its power of exemption is not affected by a change in the membership of the board. 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 s 126 and s 132). (5) The exercise of the function is not affected only because of vacancies in the body's membership. (6) Subsections (4) and (5) do not affect any quorum requirement applying to the body. Example The Act establishing the board mentioned in the example to subsection (4) provides that the quorum for a meeting of the board is the chair or deputy chair and 2 other members. If the quorum requirement was complied with at each meeting mentioned in the example, the result mentioned in the example would be the same whether or not X attended the first meeting and whether or not Y attended the second meeting. (7) If a body as constituted for the time being does something in exercise of a function given to the body under a law, the effect of the thing done by the body does not end only because the membership of the body changes. Note See also s 211 (Appointment not affected by appointer changes), s 224 (Acting appointment not affected by appointer changes), and s 241 (Delegation not affected by appointer changes). (8) Subsection (7) does not prevent the thing done by the body being ended or changed by the body as subsequently constituted for the time being. LEGISLATION ACT 2001 - SECT 200 Functions of occupants of positions (1) If a law gives a function to the occupant of a position, the function may be exercised by the person for the time being occupying the position. Note See s 185 (References to occupant of position) and dict, pt 1, defs occupy and position. (2) If the person for the time being occupying a position does something in exercise of a function given to the occupant of the position under a law, the thing done by the person does not end only because the person ceases to be the occupant of the position. Note See also s 211 (Appointment not affected by appointer changes), s 224 (Acting appointment not affected by appointer changes), and s 241 (Delegation not affected by appointer changes). (3) Subsection (2) does not prevent the thing done by the person being ended or changed by any person subsequently occupying the position for the time being. Note to div 19.3.1 Certain statutory appointments made by a Minister require consultation with a Legislative Assembly committee and are disallowable (see div 19.3.3 (Appointments--Assembly consultation)). LEGISLATION ACT 2001 - SECT 205 Application of div 19.3.1 This division applies if a law authorises or requires an entity (the "appointer") to appoint a person-- (a) to a position under a law; or (b) to exercise a function or do anything else under a law. Note Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 206 Appointments must be in writing etc (1) An appointment must be made, or evidenced, by writing (the instrument of appointment) signed by the appointer. (2) If a law provides for a maximum or minimum period of appointment, the instrument of appointment must state the period for which the appointment is made. Examples of stated appointment periods 1 2 years 2 until age 65 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 207 Appointment may be by name or position (1) The appointer may make an appointment by-- (a) naming the person appointed; or (b) nominating the occupant of a position (however described), at a particular time or from time to time. (2) For this division, the person named, or the occupant of the position nominated, is the appointee. LEGISLATION ACT 2001 - SECT 208 Power of appointment includes power to suspend etc (1) The appointer's power to make the appointment includes the power-- (a) to suspend the appointee, and end the suspension; or (b) to end the appointment, and appoint someone else or reappoint the appointee if the appointee is eligible to be appointed to the position; or (c) to reappoint the appointee if the appointee is eligible to be appointed to the position. (2) The power to suspend the appointee, end the appointment or reappoint the appointee is exercisable in the same way, and subject to the same conditions, as the power to make the appointment. Example If the appointment power is exercisable only on the recommendation of a body, the power to suspend, end the appointment or reappoint is exercisable only on the recommendation of the body. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 209 Power of appointment includes power to make acting appointment (1) If the appointer's power is the power to make an appointment to a position, the power to make the appointment also includes power to appoint a person, or 2 or more people, to act in the position-- (a) during any vacancy, or all vacancies, in the position, whether or not an appointment has previously been made to the position; or (b) during any period, or all periods, when the appointee cannot for any reason exercise functions of the position. Examples for par (b) 1 the appointee is ill or on leave 2 the appointee is acting in another position 3 the appointee is outside the ACT or Australia Note 1 Function is defined in the dict, pt 1 to include authority, duty and power. Note 2 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 s 126 and s 132). (2) The power to appoint a person to act is exercisable in the same way, and subject to the same conditions, as the power to make the appointment. Example If the appointment power is exercisable only on the recommendation of a body, the power to appoint a person to act is exercisable only on the recommendation of the body. (3) Without limiting subsection (2), if the law (or another law) requires-- (a) the appointee to hold a qualification; or (b) the appointer (or someone else) to be satisfied about the appointee's suitability (whether in terms of knowledge, experience, character or any other personal quality) before appointing the appointee to the position; a person may only be appointed to act in the position if the person holds the qualification or the appointer (or other person) is satisfied about the person's suitability. Examples 1 If an Act requires the appointee to be a magistrate, a person can be appointed to act in the position only if the person is a magistrate. 2 If a regulation requires the appointee to be a lawyer of at least 5 years standing, a person can be appointed to act in the position only if the person is a lawyer of at least 5 years standing. 3 If an Act requires the appointee to have, in the Executive's opinion, appropriate expertise, training or experience in relation to the needs of a particular group of people, a person can be appointed to act in the position only if the person has, in the Executive's opinion, that expertise, training or experience. LEGISLATION ACT 2001 - SECT 210 Resignation of appointment (1) An appointment ends if the appointee resigns by signed notice of resignation given to the appointer. (2) However, if the appointer is the Executive, the notice of resignation may be given to a Minister. LEGISLATION ACT 2001 - SECT 211 Appointment not affected by appointer changes (1) If the appointer is a body, an appointment made by the body does not end only because the membership of the body changes. (2) If the appointer is the person for the time being occupying a position, an appointment made by the person does not end only because the person ceases to be the occupant of the position. (3) This section does not limit the following sections: o section 199 (Functions of bodies) o section 200 (Functions of occupants of positions). LEGISLATION ACT 2001 - SECT 212 Appointment not affected by defect etc An appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in or in relation to the appointment. LEGISLATION ACT 2001 - SECT 215 Application of div 19.3.2 This division applies if a law gives an entity (the appointer) power to appoint a person to act in a position under a law. Note A power to make an appointment includes power to make an acting appointment (see s 209). LEGISLATION ACT 2001 - SECT 216 Acting appointments must be in writing etc (1) An acting appointment must be made, or evidenced, by writing (the instrument of appointment) signed by the appointer. (2) If a law provides for a maximum or minimum period of appointment, the instrument of appointment must state the period for which the acting appointment is made. Examples of stated appointment periods 1 1 year 2 until 31 December 2002 (a period of 9 months) Note 1 See also s 219 (Appointer may decide terms of acting appointment etc) and s 221 (How long does an acting appointment operate?) Note 2 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 217 Acting appointment may be made by name or position (1) The appointer may make an acting appointment by-- (a) naming the person appointed; or (b) nominating the occupant of a position (however described), at a particular time or from time to time. (2) For this division, the person named, or the occupant of the position nominated, is the appointee. LEGISLATION ACT 2001 - SECT 218 Instrument may provide when acting appointment has effect etc The instrument making or evidencing the acting appointment may provide that the appointment has effect only in stated circumstances or subject to stated conditions or limitations. Examples 1 The instrument relating to a standing (or dormant) acting appointment for a position provides that when the substantive occupant of the position (Y) is overseas X may act in the position, but may exercise stated powers of the position only with Y's approval. 2 X is appointed to act in Y's position if Y is out of the ACT and a declaration of acute fire danger is published under the ABC Act 2000. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 219 Appointer may decide terms of acting appointment etc (1) The appointer may-- (a) decide the terms of the acting appointment, including any remuneration and allowances; and (b) end the appointment at any time. Example for par (b) A appoints X to act in a position for 10 months. Two months after X begins to act, A ends the appointment. Note 1 See also s 221 (How long does an acting appointment operate?) Note 2 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 s 126 and s 132). (2) The power to end the acting appointment is exercisable in the same way, and subject to the same conditions, as the power to make the acting appointment. Example If the power to make the acting appointment is exercisable only on the recommendation of a body, the power to end the appointment is exercisable only on the recommendation of the body. LEGISLATION ACT 2001 - SECT 220 Appointee may exercise functions under acting appointment etc While the appointee is acting in the position-- (a) the appointee has, subject to the instrument making or evidencing the appointment, all the functions of the occupant of the position; and (b) all territory laws apply in relation to the appointee as if the appointee were the occupant of the position. Note Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 221 How long does an acting appointment operate? (1) If the appointee acts in the position because it is vacant, the appointee may not act for more than 1 year after the position became vacant. Note See also s 219 (Appointer may decide terms of acting appointment etc) (2) If the appointee is acting in a position that becomes vacant while the appointee is acting, the appointee may continue to act until the first of the following happens: (a) the appointer ends the appointment; (b) the vacancy is filled; (c) 1 year after the position became vacant. Example A appoints X to act in Y's position for a year while Y is on secondment in another agency. Three months after X begins to act, Y is permanently transferred to the other agency. One month later, Z is appointed to the position in which X is acting. The appointment of Z brings X's acting appointment to an end. 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 s 126 and s 132). (3) If the appointee acts in the position because the occupant of the position cannot exercise functions and the occupant resumes the exercise of the functions, the appointment no longer authorises the appointee to act on that occasion. Note Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 222 Resignation of acting appointment (1) An acting appointment ends if the appointee resigns by signed notice of resignation given to the appointer. (2) However, if the appointer is the Executive, the notice of resignation may be given to a Minister. LEGISLATION ACT 2001 - SECT 223 Effect of acting appointment on substantive appointment etc (1) If the appointee is the occupant of another position under a law (the substantive position), the appointee does not cease to occupy the substantive position only because of the appointee's appointment or because the appointee acts under the appointment. (2) This section does not prevent an acting appointment being made to the substantive position. LEGISLATION ACT 2001 - SECT 224 Acting appointment not affected by appointer changes (1) If the appointer is a body, an acting appointment made by the body does not end only because the membership of the body changes. (2) If the appointer is the person for the time being occupying a position, an acting appointment made by the person does not end only because the person ceases to be the occupant of the position. (3) This section does not limit the following sections: o section 199 (Functions of bodies) o section 200 (Functions of occupants of positions). LEGISLATION ACT 2001 - SECT 225 Acting appointment not affected by defect etc (1) An acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in or in relation to the appointment. (2) Anything done by or in relation to the appointee while the appointee purports to act in the position is not invalid only because-- (a) the occasion for the appointment had not arisen or had ended; or (b) the appointment had ended; or (c) the occasion for the appointee to act had not arisen or had ended. LEGISLATION ACT 2001 - SECT 225A Application of div 19.3.2A This division applies to a position if a law provides that a person acts in the position in stated circumstances. Example The Hypothetical Act 2003 provides for the deputy director of the hypothetical entity to act in the position of director of the entity if the position is vacant or the director cannot for any reason exercise the functions of the position. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 225B Person acting under standing acting arrangement may exercise functions etc (1) A person acting in the position has, subject to the law providing for the acting or any other law, all the functions of the occupant of the position. Note Function is defined in the dict, pt 1 to include authority, duty and power. (2) All territory laws apply in relation to the person as if the person were the occupant of the position. LEGISLATION ACT 2001 - SECT 226 Meaning of statutory position in div 19.3.3 In this division: "statutory position" means a position (including as a member of a territory authority) established under an Act. Note Position includes office (see dict, pt 1, def position). LEGISLATION ACT 2001 - SECT 227 Application of div 19.3.3 (1) This division applies if a Minister has the power under an Act to appoint a person to a statutory position. (2) However, this division does not apply to an appointment of-- (a) a public servant to a statutory position (whether or not the Act under which the appointment is made requires that the appointee be a public servant); or (b) a person to, or to act in, a statutory position for not longer than 6 months, unless the appointment is of the person to, or to act in, the position for a 2nd or subsequent consecutive period; or (c) a person to a statutory position if the only function of the position is to advise the Minister. LEGISLATION ACT 2001 - SECT 228 Consultation with appropriate Assembly committee (1) Before making an appointment to a statutory position, a Minister must consult-- (a) a standing committee of the Legislative Assembly nominated by the Speaker for the purpose; or (b) if no nomination under paragraph (a) is in force--the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts. (2) The committee may make a recommendation to the Minister about the proposed appointment. (3) The Minister must not make the appointment until the Minister has received a recommendation or 30 days have passed since the consultation took place, whichever happens first. (4) In making the appointment, the Minister must have regard to any recommendation received. LEGISLATION ACT 2001 - SECT 229 Appointment is disallowable instrument The instrument making, or evidencing, an appointment to which this division applies is a disallowable instrument. Note A disallowable instrument must be notified and presented to the Legislative Assembly (see ch 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments)). LEGISLATION ACT 2001 - SECT 230 Application of pt 19.4 generally This part applies if a law authorises or requires an entity (the appointer) to delegate (or subdelegate) a function. Note Function is defined in the dict, pt 1 to include authority, duty and power. LEGISLATION ACT 2001 - SECT 231 Application of pt 19.4 to subdelegations (1) This part applies to the subdelegation of a function in the same way as it applies to the delegation of the function. (2) However, if the appointer delegates a function to a delegate, the delegate may not subdelegate the function. (3) Subsection (2) is a determinative provision. Examples 1 The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y. The Act is silent on the subdelegation of the functions. Y may not subdelegate X's functions to Z. 2 The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y, with authority for Y to subdelegate the functions. Because the Act authorises subdelegation, it expressly displaces this Act, section 231 (2) (see s 6). Y can therefore subdelegate X's functions to Z (compare s 236, which deals with the subdelegation of a power to delegate). Note 1 See s 5 for the meaning of determinative provisions, and s 6 for their displacement. Note 2 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 232 Delegation must be in writing etc A delegation must be made, or evidenced, by writing signed by the appointer. LEGISLATION ACT 2001 - SECT 233 Delegation may be made by name or position (1) The appointer may delegate by-- (a) naming the person to whom the delegation is made; or (b) nominating the occupant of a position (however described), at a particular time or from time to time. (2) For this part, the person named, or the occupant of the position nominated, is the delegate. LEGISLATION ACT 2001 - SECT 234 Instrument may provide when delegation has effect etc The instrument making or evidencing a delegation may provide-- (a) that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions; or (b) that all of a function, or a stated part of the function, is delegated. Examples 1 The delegation provides that, when the appointer (Y) is outside Australia, the delegate (X) may exercise her functions except that stated functions may only be exercised with Y's approval. 2 The delegation provides that X may enter into a contract for the purchase of property of not more than $50 000 in value. 3 The delegation provides that X may grant licences under a stated Act but that, in considering applications, X must take account of the policy of the agency (authorised by the Act) that there should not be more than 100 licences current at any time. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 235 Delegation may be made to 2 or more delegates The appointer may delegate the appointer's function, or any part of the function, to 2 or more delegates. LEGISLATION ACT 2001 - SECT 236 Power to delegate may not be delegated (1) The appointer may not delegate the appointer's power to delegate. (2) Subsection (1) is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. Examples 1 The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y. The Act is silent on X's power to delegate the power to delegate. X may not delegate X's power to delegate to Y. 2 The ABC Act 2003 provides that an appointer (X) may delegate X's functions to Y, with authority for X to delegate X's power to delegate. Because the Act authorises the delegation of the power to delegate, it expressly displaces this Act, section 236 (1) (see s 6). X can therefore delegate X's power to delegate to Y (compare s 231, which deals with the subdelegation of a delegated function). 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 237 Delegation may be amended or revoked (1) The appointer may amend a delegation or revoke it completely or partly. (2) The power to amend or revoke a delegation is exercisable in the same way, and subject to the same conditions, as the power to delegate. Example If the power to delegate is exercisable only with the Minister's approval, the power to revoke the delegation is exercisable only with the Minister's approval. 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 s 126 and s 132). LEGISLATION ACT 2001 - SECT 238 Appointer responsible for delegated function The delegation of a function, or a part of a function, does not relieve the appointer of the appointer's obligation to ensure that the function is properly exercised. LEGISLATION ACT 2001 - SECT 239 Exercise of delegation by delegate (1) A delegate must exercise the delegation subject to any conditions, limitations or directions in the instrument making or evidencing the delegation. (2) All territory laws apply to the delegate in the exercise of the delegation as if the delegate were the appointer. (3) Without limiting subsection (2), if the exercise of a function by the appointer is dependent on the appointer's state of mind and the function is delegated, the function may be exercised by the delegate on the delegate's state of mind. (4) Anything done by or in relation to the delegate in the exercise of the delegation is taken to have been done by or in relation to the appointer. Note 1 Section 94 provides that a delegation under a law that is in force immediately before an amendment of the law continues to have effect as if made under the amended law. Note 2 Section 196 gives a delegate the powers necessary or convenient to exercise a delegated function. (5) In this section: "state of mind" includes knowledge, intention, opinion, belief or purpose. LEGISLATION ACT 2001 - SECT 240 Appointer may exercise delegated function A function that has been delegated may, despite the delegation, be exercised by the appointer. LEGISLATION ACT 2001 - SECT 241 Delegation not affected by appointer changes (1) If the appointer is a body, a delegation made by the body does not end only because the membership of the body changes. (2) If the appointer is the person for the time being occupying a position, a delegation made by the person does not end only because the person ceases to be the occupant of the position. (3) This section does not limit the following sections: o section 199 (Functions of bodies) o section 200 (Functions of occupants of positions). LEGISLATION ACT 2001 - SECT 242 Delegation not affected by defect etc (1) A delegation, or anything done under a delegation, is not invalid only because of a defect or irregularity in or in relation to the delegation. (2) Anything done by or in relation to the delegate while the delegate purports to exercise the delegation is not invalid only because-- (a) the delegation had been amended or revoked; or (b) the occasion for the delegate to exercise the delegation had not arisen or had ended. LEGISLATION ACT 2001 - SECT 245 Application of pt 19.5 This part applies to a document that is authorised or required under a law to be served (whether the word 'serve', 'give', 'notify', 'send' or 'tell' or any other word is used). LEGISLATION ACT 2001 - SECT 246 Definitions for pt 19.5 In this part: "administrator", of a law, means the entity administering or responsible for the law. "agency" means-- (a) an administrative unit; or (b) a statutory office-holder; or (c) any other entity established for a public purpose under a law; and includes a member of, or a member of the staff of, the agency. "business address", of an individual, corporation or agency in relation to anything done or to be done under a law, includes the latest business address, or address for service of notices (however described), of the individual, corporation or agency (if any) recorded in a register or other records kept by the administrator of the law. "corporation" does not include an agency. "document" includes a notice, an article that may be sent by post or anything else. "email address", of an individual, corporation or agency in relation to anything done or to be done under a law, includes the latest email address of the individual, corporation or agency (if any) recorded in a register or other records kept by the administrator of the law. "executive officer" means-- (a) for a corporation--a person (however described and whether or not the person is a director of the corporation) who is concerned with, or takes part in, the corporation's management; or (b) for an agency that is an administrative unit--the chief executive of the administrative unit; or (c) for an agency that is a statutory office-holder--the occupant of the position; or (d) for an agency constituted by 2 or more people--the person who is entitled, because of the position occupied by the person, to preside at any meeting of the agency at which the person is present; or (e) for any other agency--the chief executive officer (however described) of the agency; or (f) for any agency--a person (however described) who is concerned with, or takes part in, the agency's management. "fax number", of an individual, corporation or agency in relation to anything done or to be done under a law, includes the latest fax number of the individual, corporation or agency (if any) recorded in a register or other records kept by the administrator of the law. "home address", of an individual in relation to anything done or to be done under a law, includes the latest home address, or address for service of notices (however described), of the person (if any) recorded in a register or other records kept by the administrator of the law. "responsible", for a law, means allocated responsibility for the law under the Public Sector Management Act 1994, section 14 (1) (b) (Ministerial responsibility and functions of administrative units). LEGISLATION ACT 2001 - SECT 247 Service of documents on individuals (1) A document may be served on an individual-- (a) by giving it to the individual; or (b) by sending it by prepaid post, addressed to the individual, to a home or business address of the individual; or (c) by faxing it to a fax number of the individual; or (d) by emailing it to an email address of the individual; or (e) by leaving it, addressed to the individual, at a home or business address of the individual with someone who appears to be at least 16 years old and to live or be employed at the address. Note See s 251 for service of documents under other laws. (2) This section applies to service of a document outside the ACT in the same way as it applies to service of the document in the ACT. LEGISLATION ACT 2001 - SECT 248 Service of documents on corporations (1) A document may be served on a corporation-- (a) by giving it to an executive officer of the corporation; or (b) by sending it by prepaid post, addressed to the corporation (or an executive officer of the corporation), to the address of any of its registered offices or any other business address of the corporation; or (c) by faxing it to a fax number of the corporation; or (d) by emailing it to an email address of the corporation; or (e) by leaving it, addressed to the corporation (or an executive officer of the corporation), at the address of any of the corporation's registered offices, or any other business address of the corporation, with someone who appears to be at least 16 years old and to be employed at the address. Note See s 251 for service of documents under other laws. (2) This section applies to service of a document outside the ACT in the same way as it applies to service of the document in the ACT. LEGISLATION ACT 2001 - SECT 249 Service of documents on agencies A document may be served on an agency-- (a) by giving it to an executive officer of the agency; or (b) by sending it by prepaid post, addressed to the agency (or an executive officer of the agency), to the address of any office of the agency or any other business address of the agency; or (c) by faxing it to a fax number of the agency; or (d) by emailing it to an email address of the agency; or (e) by leaving it, addressed to the agency (or an executive officer of the agency), at the address of any of the agency's offices or any other business address of the agency with someone who appears to be employed at the agency. Note See s 251 for service of documents under other laws. LEGISLATION ACT 2001 - SECT 250 When document taken to be served (1) A document served by post under this part is taken to be served when the document would have been delivered in the ordinary course of post. (2) However, subsection (1) does not affect the operation of the Evidence Act 1995 (Cwlth), section 160. Note The Evidence Act 1995 (Cwlth), s 160 provides a rebuttable presumption that a postal article sent by prepaid post addressed to a person at an address in Australia or an external territory was received on the 4th working day after posting. (3) If the sender has no reason to suspect that a document served by fax or email under this part was not received by the recipient when sent, the document is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given. (4) For subsection (3), the sender has reason to suspect that a document served by fax or email under this part was not received by the recipient when sent only if, on the day the document was sent or on the next working day, the equipment the sender used to send the document indicated by way of a signal or other message that-- (a) the equipment did not send the document when the equipment was used to send the document; or (b) for a fax--the number to which the fax was sent to the recipient was not a fax number of the recipient; or (c) for an email--the address to which the email was sent was not an email address of the recipient. (5) A document addressed to the recipient, and left for the recipient as mentioned in section 247 (e), section 248 (e) or section 249 (e), is taken to be served when it was left. (6) In this section: "recipient", for a document, means the individual, corporation or agency on whom the document is intended to be served. "sender", for a document served, or to be served, by fax or email, means the person sending, or seeking to send, the document. LEGISLATION ACT 2001 - SECT 251 Other laws not affected etc (1) This part does not affect the operation of any other law that authorises or requires service of a document otherwise than as provided under this part. (2) Despite this part, a law (or, if the law is an Act, a regulation under the Act) may provide-- (a) that a document of a particular kind may or must be served (however described) only in a particular way or to a particular address or number; or (b) for the date (or date and time) when service (however described) of a document is taken to have been made. LEGISLATION ACT 2001 - SECT 252 Powers of courts and tribunals not affected This part does not affect the power of a court or tribunal to authorise or require service of a document otherwise than as provided under this part. LEGISLATION ACT 2001 - SECT 253 Exercise of functions of Executive (1) A function given to the Executive under an Act may be exercised by any 2 Ministers acting in concert. (2) The exercise of a function under subsection (1) is taken to be the exercise of the function by the Executive. (3) A statutory instrument (other than a subordinate law or disallowable instrument) is taken to be made by the Executive if it is signed by 2 or more Ministers who are members of the Executive. (4) A statutory instrument mentioned in subsection (3) made in accordance with the subsection is taken to be made when it is signed by the second Minister signing. (5) This section is subject to section 41 (Making of certain statutory instruments by Executive). (6) In this section: "Act "includes an Act of the Commonwealth. "statutory instrument" includes an instrument (whether or not legislative in nature) made under-- (a) an Act of the Commonwealth; or (b) another statutory instrument of the Commonwealth ; or (c) power given by an Act or statutory instrument of the Commonwealth and also power given otherwise by law. LEGISLATION ACT 2001 - SECT 254 Administration of matters not allocated If a matter relating to the Executive's functions is not allocated under the Self-Government Act, section 43 (1), the Chief Minister administers the matter. LEGISLATION ACT 2001 - SECT 254A Delegation by Minister A Minister may delegate the Minister's functions under an Act or statutory instrument to anyone else. Note For the making of delegations and the exercise of delegated functions, see pt 19.4. LEGISLATION ACT 2001 - SECT 255 Forms (1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law) authorises or requires a form to be approved or prescribed under an Act or statutory instrument (the relevant law). Note See also s 46 (3), which deals with the repeal and replacement of forms that are legislative instruments and prevents their amendment. (2) The authorising law authorises a form to be approved or prescribed in relation to any matter under or in relation to the relevant law. (3) To remove any doubt, a form may be approved or prescribed for a provision of the relevant law even though the provision does not mention a form. Example The X Act, section 23 provides for a person to apply for registration but makes no mention of a form for the application. However, the Act, section 80 (1) provides: (1) The Minister may approve forms for this Act. Section 80 (3) provides that the approval of a form is a notifiable instrument. Because section 80 (1) permits a form to be approved 'for this Act', this Act, section 255 applies in relation to section 23 and the Minister may, in writing, approve a form for the application. Note 1 Because the approval is a notifiable instrument, it must be in writing (see s 42 (2)). Note 2 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 s 126 and s 132). (4) Substantial compliance with a form is sufficient. (5) However, if a form requires-- (a) the form to be signed; or (b) the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form); or (c) the form to be completed in a particular way; or (d) particular information to be included in the form, or a particular document to be attached to or given with the form; or (e) the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration); the form is properly completed only if the requirement is complied with. (6) Despite subsection (5), the person need not comply with the requirement mentioned in subsection (5) (d) (and the form is taken to be properly completed despite the noncompliance) if-- (a) the form is approved or prescribed for a purpose; and (b) the information or document is not reasonably necessary for the purpose. Examples 1 A person need not comply with a requirement of an approved form to include personal information (eg marital status) irrelevant to a purpose for which the form is required. 2 A person need not comply with a requirement of an approved form that has some relevance to a purpose for which the form is required, but intrudes to an unreasonable extent on personal privacy. (7) If-- (a) a form (form 1) may be approved or prescribed for a purpose; and (b) another form (form 2) may be approved or prescribed for the same or another purpose; and (c) separate forms 1 and 2 are approved or prescribed; a combination form, consisting of forms 1 and 2, may be approved or prescribed and used for the purpose or purposes. (8) If, under a law, a form is authorised or required to be filed with (however described), or served on (however described), a person, the form may be filed with, or served on, someone else under arrangements made between them. (9) This section is a determinative provision. Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement. LEGISLATION ACT 2001 - SECT 256 Production of records kept in computers etc (1) This section applies if-- (a) a person uses an electronic or other device to keep a record of information; and (b) the person is required under a law (however the law is expressed) to give the information, or a document containing the information, to an authority. (2) The requirement obliges the person to give to the authority a document that accurately reproduces or contains the information in a form that can be understood by the authority. (3) In this section: "authority" means a court, tribunal or other entity. LEGISLATION ACT 2001 - SECT 300 Delegation by parliamentary counsel (1) The parliamentary counsel may delegate the parliamentary counsel's functions under this Act or another territory law to a public servant. Note For the making of delegations and the exercise of delegated functions, see pt 19.4. (2) However, the parliamentary counsel may only delegate a function under part 11.3 (Editorial changes) to-- (a) a person performing the duties of deputy parliamentary counsel in the public service; or (b) a public servant prescribed by regulation. LEGISLATION ACT 2001 - SECT 301 References to Administration Act 1989 etc (1) In any Act, statutory instrument or document, a reference to the Administration Act 1989, the Interpretation Act 1967, the Legislation (Republication) Act 1996 or the Subordinate Laws Act 1989 is, in relation to anything dealt with in this Act, a reference to this Act. (2) In any Act, statutory instrument or document, a reference to a particular provision of the Administration Act 1989, the Interpretation Act 1967, the Legislation (Republication) Act 1996 or the Subordinate Laws Act 1989 is, in relation to anything dealt with in this Act, a reference to the corresponding provision of this Act. LEGISLATION ACT 2001 - SECT 302 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under this Act. (2) A regulation may make provision in relation to notification in the gazette under the following sections: (a) section 28 (Notification of Acts); (b) section 61 (Notification of legislative instruments): (c) section 65A (Notification of disallowance by resolution of Assembly); (d) section 69 (Notification of amendments made by resolution of Assembly). (3) In particular, a regulation may make provision in relation to the form of the gazette and its publication, including how it may or must be published. LEGISLATION ACT 2001 - SCHEDULE 1 Schedule 1 Acts included in sources of law in the ACT (see s 17) Part 1.1 Former NSW and UK Acts in force before establishment of Territory column 1item column 2name of Act column 3number or date of assent and original jurisdiction 1 Magna Carta (1297) 25 Edw 1 c 29 (UK) 2 Criminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4 (UK) 3 Due Process of Law Act 1354 28 Edw 3 c 3 (UK) 4 Due Process of Law Act 1368 42 Edw 3 c 3 (UK) 5 Free Access to Courts Act 1400 2 Hen 4 c 1 (UK) 6 Petition of Right 1627 3 Chas 1 c 1 (UK) 7 Bill of Rights 1688 1 Will and Mary sess 2 c 2 (UK) 8 Act of Settlement 1700 12 and 13 Will 3 c 2 (UK) 9 Royal Marriages Act 1772 12 Geo 3 c 11 (UK) 10 Contractors Debts Act 1897 1897 No 29 (NSW) 11 Crimes Act 1900 1900 No 40 (NSW) 12 Truck Act 1900 1900 No 55 (NSW) 13 Games, Wagers and Betting Houses Act 1901 1902 No 18 (NSW) 14 Pawnbrokers Act 1902 1902 No 66 (NSW) 15 Public Roads Act 1902 1902 No 95 (NSW) 16 Anglican Church of Australia Constitutions Act 1902 24 December 1902 (NSW) 17 Fertilisers Act 1904 1904 No 33 (NSW) 18 Gaming and Betting Act 1906 1906 No 13 (NSW) 19 Second-hand Dealers Act 1906 1906 No 30 (NSW) Part 1.2 Former NSW Acts applied after establishment of Territory Note to pt 1.2 The former NSW Acts mentioned in this part are in force in the ACT as Acts of the Legislative Assembly column 1 item column 2 name of NSW Act column 3 applying Territory Act 1 Scaffolding and Lifts Act 1912 Scaffolding and Lifts Act 1957 (repealed) 2 Anglican Church of Australia Trust Property Act 1917 Anglican Church of Australia Trust Property Act 1928 3 Trustee Act 1925 Trustee Act 1957 (repealed) 4 Anglican Church of Australia Constitution Act 1961 Anglican Church of Australia Trust Property Act 1928 Note The written law of the ACT also includes the following Acts that may not be amended or repealed by the Assembly (see Self-Government Act, s 34): Life, Fire and Marine Insurance Act 1902 (NSW) Demise of the Crown Act 1760 (UK) Naval Prize Act 1864 (UK) Naval Prize (Procedure) Act 1916 (UK) Prize Act (1939) (UK) Prize Courts Act 1894 (UK) Prize Courts Act 1915 (UK) Prize Courts (Procedure) Act 1914 (UK) Territorial Waters Jurisdiction Act 1878 (UK). LEGISLATION ACT 2001 - NOTES Dictionary Dictionary (see s 2) Part 1 Meaning of commonly-used terms (see s 144) Note for pt 1 Terms that are defined only for this Act are set out in pt 2. "ACAT" means the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008. "Act"--see the following sections: (a) section 7 (Meaning of Act generally); (b) section 17 (References to Acts include references to former Cwlth enactments etc). Note See also s 102 (References to laws include references to laws as in force from time to time) and s 104 (References to laws include references to instruments under laws). "ACT" means the Australian Capital Territory. "ADI"--see the definition of authorised deposit-taking institution. "administrative unit" means an administrative unit for the time being established under the Public Sector Management Act 1994, section 13 (1)." " adult means an individual who is at least 18 years old. "ambulance service" means the ACT Ambulance Service established under the Emergencies Act 2004. "amend" includes-- (a) for an Act or statutory instrument--omit, insert, substitute, renumber or relocate a provision of the Act or instrument; and (b) for an Act or statutory instrument (or a provision of it)--amend by implication; and (c) for a provision of an Act or statutory instrument--omit the provision (or a part of it), substitute another provision for the provision (or a part of it), renumber the provision (or a part of it) or relocate the provision (or a part of it); and (d) for any other instrument, a provision of an instrument or a decision--change or alter. "appoint" includes reappoint. "AS"--see section 164 (1) (References to Australian Standards etc). "AS/NZS"--see section 164 (2) (References to Australian Standards etc). "asset" includes property of any kind. "Attorney-General" means the Minister designated Attorney-General by the Chief Minister, and includes a Minister authorised by the Chief Minister to act on behalf of the Attorney-General. "auditor-general" means the Auditor-General for the Territory under the Auditor-General Act 1996. "Australia" means the Commonwealth of Australia and, when used in a geographical sense, does not include an external territory. "Australian driver licence" means an Australian driver licence under the Road Transport (Driver Licensing) Act 1999. Note Australian driver licence is defined in that Act, dictionary to mean a driver licence of any kind issued under the law of the Commonwealth or a State or Territory. It includes a driver licence issued under ACT law (see also def driver licence). "Australian/New Zealand Standard"--see section 164 (2) (References to Australian Standards etc). "Australian Standard"--see section 164 (1) (References to Australian Standards etc). "Australian statistician" means the Australian Statistician under the Australian Bureau of Statistics Act 1975 (Cwlth). "authorised deposit-taking institution" (or ADI) means an authorised deposit-taking institution under the Banking Act 1959 (Cwlth). "bank" means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use-- (a) the word 'bank', 'banker' or 'banking'; or (b) any other word (whether or not in English) similar in meaning to a word mentioned in paragraph (a). "barrister" means a lawyer who practises as a barrister. "body" includes any group of people joined together for a common purpose, whether or not incorporated. Examples 1 a company 2 a statutory corporation, whether or not it has members 3 an association, club or society 4 a partnership 5 a joint venture 6 a corporation sole 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 s 126 and s 132). "breach" includes contravene. "building code" means the building code under the Building Act 2004, section 136. Note The building code is the Building Code of Australia, as amended from time to time by the Australian Building Codes Board and the Australian Capital Territory Appendix to the Building Code of Australia. "building society" means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use-- (a) the term 'building society'; or (b) any other term (whether or not in English) similar in meaning. business day means a day that is not-- (a) a Saturday or Sunday; or (b) a public holiday or bank holiday in the ACT under the Holidays Act 1958. "by" regulation includes under a regulation. Note See also def under, in relation to an Act or statutory instrument. "by-law", in relation to an Act, means a by-law made or in force under the Act. "calendar month" means a period beginning at the start of any day of a named month and ending-- (a) at the end of the day before the corresponding day of the next named month; or (b) if there is no such corresponding day--at the end of the last day of the next named month. Examples 1 The period beginning at the start of 5 July 2000 and ending at midnight on 4 August 2000 is a calendar month. 2 The period beginning at the start of 30 January 2001 and ending at midnight on 28 February 2001 is a calendar month. The calendar month ends on the last day of February because in that year February does not have a day corresponding to 29 January (because 2001 is not a leap year). If the period began at the start of 30 January 2004 (ie a leap year), the calendar month would end at midnight on 29 February 2004. 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 s 126 and s 132). "calendar year" means a period of 12 months beginning on 1 January." " "change "includes change by alteration, omission, substitution or addition. "chief executive"--see section 163. "chief health officer "means the Chief Health Officer under the Public Health Act 1997. "Chief Justice "means the Chief Justice of the Supreme Court." " "Chief Magistrate" means the Chief Magistrate of the Magistrates Court." " "Chief Minister" means the Chief Minister for the Territory. Note The Chief Minister is elected under the Self-Government Act, s 40. chief officer (ambulance service) means the chief officer (ambulance service) under the Emergencies Act 2004. chief officer (fire brigade) means the chief officer (fire brigade) under the Emergencies Act 2004. "chief officer (rural fire service)" means the chief officer (rural fire service) under the Emergencies Act 2004. chief officer (SES) means the chief officer (SES) under the Emergencies Act 2004. "chief planning executive" means the Chief Planning Executive under the Planning and Development Act 2007. "chief police officer" means the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT." " "chief solicitor" means the chief solicitor under the Government Solicitor Act 1989. "chief surveyor" means the Chief Surveyor under the Surveyors Act 2007. "child", if age rather than descendancy is relevant, means an individual who is under 18 years old." " "children and young people commissioner" means the Children and Young People Commissioner under the Human Rights Commission Act 2005. "Childrens Court" means the Childrens Court under the Magistrates Court Act 1930, section 287. "city area" means the area that was the City Area under the City Area Leases Act 1936 (repealed). Note See s 103 for the meaning of references to repealed laws. "civil partner"--a person who is in a civil partnership with someone else is the civil partner of the other person. "civil partnership" means a civil partnership under the Civil Partnerships Act 2008. "clerk", in relation to the Legislative Assembly, means the Clerk of the Legislative Assembly. Note The office of Clerk is established under the Public Sector Management Act 1994. "commencement", of an Act or statutory instrument--see section 80. "commencement notice"--see section 11. "commissioner for fair trading" means the Commissioner for Fair Trading of the Australian Capital Territory under the Fair Trading (Consumer Affairs) Act 1973. "commissioner for public administration" means the Commissioner for Public Administration under the Public Sector Management Act 1994. "commissioner for revenue "means the Commissioner for Australian Capital Territory Revenue under the Taxation Administration Act 1999. "commissioner for the environment" means the Commissioner for the Environment under the Commissioner for the Environment Act 1993. "commissioner of police" means the Commissioner of Police of the Australian Federal Police." " "commit", a person for trial, means-- (a) to order that the person be remanded in custody until tried by the Supreme Court; or (b) to grant bail to the person to appear and be tried by the Supreme Court. "Commonwealth" means the Commonwealth of Australia and, when used in a geographical sense, does not include an external territory. "Commonwealth country" means a country that forms part of the Commonwealth of Nations, and includes a territory for the international relations of which a Commonwealth country is responsible. "Commonwealth DPP" means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 (Cwlth). "Commonwealth gazette "means the Commonwealth of Australia Gazette or the Australian Government Gazette. Note The Australian Government Gazette was published from 1 July 1973 to 30 June 1976. "confer", in relation to a function, includes impose. "conservator of flora and fauna" means the Conservator of Flora and Fauna under the Nature Conservation Act 1980. "construction occupations registrar" means the Australian Capital Territory Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004. "Consumer Credit (Australian Capital Territory) Code" means the provisions applying because of the Consumer Credit Act 1995, section 4. "Consumer Credit (Australian Capital Territory) Regulations" means the provisions applying because of the Consumer Credit Act 1995, section 5. "contravene" includes fail to comply with. "converted ordinance" means an enactment that was an ordinance immediately before self-government day." " "Coroner's Court "means the Coroner's Court under the "Coroners Act 1997". corporation includes a body politic or corporate. "Corporations Act "means the Corporations Act 2001 (Cwlth). "correctional centre" means a correctional centre under the Corrections Management Act 2007. "corrections officer" means a corrections officer under the Corrections Management Act 2007. "Court of Appeal" means the Court of Appeal constituted under the Supreme Court Act 1933. "court of summary jurisdiction" means the Magistrates Court. "credit union" means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use-- (a) the term 'credit union'; or (b) any other term (whether or not in English) similar in meaning. "Criminal Code "means the Criminal Code 2002. "daily newspaper "means a daily newspaper circulating generally in the ACT. "daylight" means the period in a day from sunrise to sunset. "definition"--see section 130. "dental prosthetist" means a person registered as a dental prosthetist under the Health Professionals Act 2004. "dental technician" means a person registered as a dental technician under the Health Professionals Act 2004. dentist-- (a) means a person unconditionally registered as a dentist under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a dentist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "Deputy Speaker "means the Deputy Presiding Officer of the Legislative Assembly. Note The Deputy Presiding Officer is elected under the Self-Government Act, s 21 (2). "designation", of a position under the Public Sector Management Act 1994, includes a designation given under that Act. "detention place"--see the Children and Young People Act 2008, section 142. director of public prosecutions (or DPP) means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1990. "disability and community services commissioner" means the Disability and Community Services Commissioner under the Human Rights Commission Act 2005. "disallowable instrument"--see section 9. "discrimination commissioner" means the Discrimination Commissioner under the Human Rights Commission Act 2005. "doctor"-- (a) means a person unconditionally registered as a medical practitioner under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a medical practitioner under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "document" means any record of information, and includes-- (a) anything on which there is writing; or (b) anything on which there are figures, marks, numbers, perforations, symbols or anything else having a meaning for people qualified to interpret them; or (c) anything from which images, sounds, messages or writings can be produced or reproduced, whether with or without the aid of anything else; or (d) a drawing, map, photograph or plan. "domestic partner"--see section 169 (1). "domestic partnership"--see section 169 (2). "DPP"--see the definition of director of public prosecutions. "driver licence" means a driver licence under the Road Transport (Driver Licensing) Act 1999. Note Driver licence is defined in that Act, dictionary to mean a driver licence of any kind issued under that Act (see also def "Australian driver licence"). "electoral commission "means the Australian Capital Territory Electoral Commission established under the Electoral Act 1992. "electoral commissioner "means the Electoral Commissioner under the Electoral Act 1992. "emergency service "means the ambulance service, the fire brigade, the rural fire service or the SES. "emergency services commissioner "means the ACT Emergency Services Commissioner under the Emergencies Act 2004. "enactment", of an Act--see section 29 (References to enactment or passing of Acts). "enrolled nurse"-- (a) means a person unconditionally enrolled as a nurse under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally enrolled as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "entity "includes an unincorporated body and a person (including a person occupying a position). "environment protection authority" means the Environment Protection Authority established under the Environment Protection Act 1997. establish includes constitute and continue in existence." " "estate" includes any charge, claim, demand, easement, encumbrance, lien, right and title, whether at law or in equity. "Executive" means the Australian Capital Territory Executive. Note The Executive is established by the Self-Government Act, s 36. "exercise" a function includes perform the function. expire includes lapse or otherwise cease to have effect." " "external territory" means a Commonwealth territory, other than an internal territory." " "fail" includes refuse. "Federal Court" means the Federal Court of Australia. "file" includes lodge. "financial year" means a period of 12 months beginning on 1 July." " "fire brigade" means the ACT Fire Brigade established under the Emergencies Act 2004. "for", in relation to an Act or statutory instrument, includes for the purposes of the Act or statutory instrument. Note Under s 7 (3) and s 13 (3) a reference to an Act or statutory instrument includes a reference to a provision of an Act or statutory instrument. "foreign country" means a country (whether or not an independent sovereign country) outside Australia and the external territories, and includes a state, province or other part of such a country. "former NSW Act" means an Act corresponding to a NSW Act mentioned in schedule 1. Note 1 The Crimes Act 1900 is taken to have been enacted by the Legislative Assembly because of the Crimes Legislation (Status and Citation) Act 1992. The 1992 Act was repealed by the Law Reform (Miscellaneous Provisions) Act 1999, but its previous operation was saved (see s 5 (2)). Note 2 The other former NSW Acts are taken to have been enacted by the Legislative Assembly because of the Interpretation Act 1967, s 65. Section 65 has expired, but its previous operation was saved (see s 65 (3)). "former UK Act" means an Act corresponding to a UK Act mentioned in schedule 1. Note Former UK Acts are also taken to have been enacted by the Legislative Assembly because of the Interpretation Act 1967, s 65. Section 65 has expired, but its previous operation was saved (see s 65 (3)). "found guilty", of an offence, includes-- (a) having an order made for the offence under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders--general); and (b) having the offence taken into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing). "function" includes authority, duty and power. "gambling and racing commission" means the Gambling and Racing Commission established under the Gambling and Racing Control Act 1999. "gazette" means the Australian Capital Territory Gazette. "give", in relation to a function, includes impose. "government printer "includes anyone printing for or by the authority of the Executive." " "government solicitor" means the Government Solicitor under the Government Solicitor Act 1989. "Governor "means-- (a) for a State (other than the Northern Territory)--the Governor of the State, and includes a person administering the Government of the State; or (b) for the Northern Territory--the Administrator of the Northern Territory, and includes a person administering the Government of the Northern Territory. "Governor-General "means the Governor-General of the Commonwealth, and includes a person administering the Government of the Commonwealth. "GST"--see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary. "health services commissioner" means the Health Services Commissioner under the Human Rights Commission Act 2005. "heritage council" means the Australian Capital Territory Heritage Council under the Heritage Act 2004. "heritage register" means the heritage register under the Heritage Act 2004. "High Court" means the High Court of Australia. Note The High Court is established by the Commonwealth Constitution, s 71 and provided for under the High Court of Australia Act 1979 (Cwlth). "housing commissioner" means the Commissioner for Social Housing under the Housing Assistance Act 2007. "human rights commission" means the Human Rights Commission established under the Human Rights Commission Act 2005. "human rights commissioner" means the Human Rights Commissioner under the Human Rights Commission Act 2005. "Imperial Act" means an Act of the United Kingdom Parliament." " "independent competition and regulatory commission" means the Independent Competition and Regulatory Commission for the Australian Capital Territory established under the Independent Competition and Regulatory Commission Act 1997. "indictable offence"--see section 190. "indictment" includes information. "individual" means a natural person. "infringement notice" includes an infringement notice under the Magistrates Court Act 1930 or the Road Transport (General) Act 1999. in relation to includes the following: (a) in respect of; (b) with respect to; (c) in connection with; (d) in regard to; (e) with reference to; (f) relating to; (g) for or with respect to. "institute of technology" means the Canberra Institute of Technology under the Canberra Institute of Technology Act 1987. "instrument"--see section 14. "interest", in relation to land or other property, means-- (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property. "internal territory" means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. "intersex person"--see section 169B. "Jervis Bay Territory" means the Territory accepted by the Commonwealth under the Jervis Bay Territory Acceptance Act 1915 (Cwlth). Note The Jervis Bay Territory is described in the agreement set out in that Act, sch. "judge" means a resident judge, additional judge or acting judge under the "Supreme Court Act 1933". "Lake Burley Griffin" means Lake Burley Griffin as defined in the "Lakes Act 1976". "Lake Ginninderra" means Lake Ginninderra as defined in the Lakes Act 1976. "land" includes messuages, tenements and hereditaments, corporeal or incorporeal, of any tenure or description, whatever the interest in the land. Note A number of the terms mentioned in the definition of land have a technical meaning at law. A messuage is a house together with its gardens, orchards and outbuildings. The term tenement signifies land capable of being held in freehold. Hereditament refers to real property that can be inherited. Hereditaments may be corporeal, that is, tangible things such as lands and buildings, or incorporeal, that is, intangible rights attaching to land such as rents, easements, tithes and profits a prendre. (Profits a prendre are the right to take some product of, or part of the soil from, the land of someone else.) "land development agency" means the Land Development Agency established under the Planning and Development Act 2007. "law", of the Territory, means-- (a) an Act; or (b) a subordinate law; or (c) any other statutory instrument of a legislative nature; or (d) the common law. "lawyer" means a legal practitioner. "legal aid commission" means the Legal Aid Commission (A.C.T.) established under the Legal Aid Act 1977. "legal practitioner "means a person who is admitted to the legal profession under the Legal Profession Act 2006 or a law that is a corresponding law for that Act. "Legislation Act" means the Legislation Act 2001. "Legislative Assembly" means the Legislative Assembly for the Australian Capital Territory. Note The Assembly is established by the Self-Government Act, s 8 (1). "legislative instrument"--see section 12. liability means any liability or obligation (whether liquidated or unliquidated, certain or contingent, or accrued or accruing)." " "magistrate" means a Magistrate under the Magistrates Court Act 1930. "Magistrates Court" means the Magistrates Court established under the "Magistrates Court Act 1930". make an instrument includes issue and grant the instrument." " "making", of a statutory instrument, means the signing, sealing, approval or other endorsement of the instrument by the entity authorised or required to make it. "master", in relation to the Supreme Court, means the Master of the Supreme Court. Note The office of master is established under the Supreme Court Act 1933. "may"--see section 146. "medical practitioner" means a doctor. "midnight", in relation to a particular day, means the time when the day ends. "midwife"-- (a) means a person unconditionally registered as a midwife under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a midwife under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "Minister"--see section 162. "modification" includes modification by alteration, omission, substitution and addition. "month" means calendar month. "must"--see section 146. name includes-- (a) for an Act--the Act's short title; and (b) for an instrument--the instrument's citation; and (c) for a position--the position's title or designation. named month means one of the 12 months of the year. "national capital authority" means the National Capital Authority established under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth). "national capital plan "means the National Capital Plan under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth). "National Gas (ACT) Law" means the provisions applying because of the National Gas (ACT) Act 2008, section 8 (Application in the ACT of National Gas Law). "National Gas (ACT) Regulation" means the provisions applying because of the National Gas (ACT) Act 2008, section 9 (Application in the ACT of regulations under National Gas Law). "national land" means National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth). Note If an area of land in the ACT is, or is intended to be, used by or on behalf of the Commonwealth, it may be declared National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 27. "night" means the period between sunset on one day and sunrise on the next day. "Northern Territory" means the Northern Territory of Australia. "notifiable instrument"--see section 10. "notification"-- (a) of an Act--see section 30; and (b) of a legislative instrument--see section 63. "notification" day, for an Act or statutory instrument, means the day the Act or instrument is notified. NSW Act means an Act of the New South Wales Parliament. "NSW correctional centre" means a correctional centre (however described) under the Crimes (Administration of Sentences) Act 1999 (NSW). "number" means-- (a) a number expressed in figures or words; or (b) a combination of a number expressed in figures or words and of a letter of the alphabet. nurse-- (a) means a person unconditionally registered as a nurse under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a nurse under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration; but (c) does not include an enrolled nurse. Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a State may be deemed to be registered in the ACT. "nurse practitioner" means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of nurse practitioner. Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT. "oath" includes affirmation. Note The Evidence Act 1995 (Cwlth), ch 2, pt 2.1, div 2 and the Oaths and Affirmations Act 1984 make provision in relation to oaths and affirmations. "occupational discipline order" means an order for occupational discipline made by the ACAT. Note Occupational discipline orders are made under the ACT Civil and Administrative Tribunal Act 2008, s 66 and under authorising laws ("authorising law"--see ACT Civil and Administrative Tribunal Act 2008, dict). "occupy" a position includes hold the position, act in the position or exercise functions of the position (including under a delegation or subdelegation). "office" includes position. "office of fair trading" means the Office of Fair Trading of the Australian Capital Territory established under the Fair Trading (Consumer Affairs) Act 1973. "ombudsman" means the Ombudsman under the Ombudsman Act 1989"." "omit", in relation to a provision of an Act or statutory instrument, includes repeal. "optometrist "means a person registered as an optometrist under the Health Professionals Act 2004. "ordinance" means an ordinance made under the Seat of Government (Administration) Act 1910 (Cwlth), section 12. "parent", of a child, means-- (a) the child's mother; or (b) the child's father; or (c) someone else who is presumed under the Parentage Act 2004, part 2 to be a parent of the child. Note A child cannot have more than 2 parents at any one time (see Parentage Act 2004, s 14). "parliamentary counsel" means the person performing the duties of Parliamentary Counsel in the public service. "passing", of an Act--see section 29. "penalty unit"--see section 133. "person--"see section 160 (References to people generally). pharmacist-- (a) means a person unconditionally registered as a pharmacist under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a pharmacist under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "planning and land authority" means the Planning and Land Authority established under the Planning and Development Act 2007. "police officer" means a member or special member of the Australian Federal Police." " "position" includes office. "power" includes authority. "prescribed", in an Act, means prescribed by the Act or by regulation under the Act." " "present" an indictment includes lay an information. "privacy commissioner" means the Privacy Commissioner under the Privacy Act 1998 (Cwlth). proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes a thing in action. Note A thing in action is an intangible personal property right recognised and protected by the law. Examples include debts, money held in a bank, shares, rights under a trust, copyright and right to sue for breach of contract. "provision", of an Act or instrument--see section 16. "public advocate" means the Public Advocate under the Public Advocate Act 2005. "public employee" means-- (a) a public servant; or (b) a person employed by a territory instrumentality; or (c) a statutory office-holder or a person employed by a statutory office-holder. "public health officer" means a public health officer under the Public Health Act 1997. "public money", of the Territory, means revenues, loans and other money received by the Territory." " "public servant" means a person employed in the public service." " "public service" means the Australian Capital Territory Public Service. Note The Public Sector Management Act 1994, s 12 deals with the constitution of the public service. "public trustee" means the Public Trustee for the Australian Capital Territory under the Public Trustee Act 1985. "quarter" means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year. "recognised transgender person"--see section 169A (3). "registered surveyor" means a surveyor under the Surveyors Act 2007. "registrar" means-- (a) in relation to the Supreme Court--the Registrar of the Supreme Court; or (b) in relation to the Magistrates Court--the Registrar of the Magistrates Court; or (c) in relation to a tribunal--the registrar of the tribunal. "registrar-general" means the Registrar-General under the Registrar-General Act 1993. "registrar of firearms "means the Registrar of Firearms under the Firearms Act 1996. "regulation", in relation to an Act, means a regulation made or in force under the Act. "remuneration tribunal" means the Remuneration Tribunal established under the Remuneration Tribunal Act 1995. "repeal" includes-- (a) for an Act or statutory instrument--omit a provision of the Act or instrument; and (b) for a provision of an Act or statutory instrument--omit the provision (or a part of it); and (c) for an Act or statutory instrument (or a provision of it)--abrogate or limit its effect, or exclude from its application any circumstance, matter, person, place or purpose; and (d) for an Act or statutory instrument (or a provision of it)--any other implied repeal; and (e) for a statutory instrument--revoke the instrument (or part of it); and (f) for a decision--revoke it or cancel it. "resident judge" means a resident judge under the Supreme Court Act 1933. "retrospectively", for the commencement of legislation--see section 75A. "reviewable decision notice"--see the ACT Civil and Administrative Tribunal Act 2008, section 67A. "road transport authority" means the Australian Capital Territory Road Transport Authority. Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16). "rules" means-- (a) of a court or tribunal--rules made by the entity having power to make rules (however described) regulating the practice and procedure of the court or tribunal; and (b) in relation to an Act--rules made or in force under the Act. "rural fire service" means the ACT Rural Fire Service under the Emergencies Act 2004. "Self-Government Act" means the Australian Capital Territory (Self-Government) Act 1988 (Cwlth). "self-government day" means 11 May 1989. Note This is the day when the remaining provisions of the Self-Government Act commenced and, in particular, the Australian Capital Territory was established as a body politic, the Legislative Assembly was empowered to make laws for the ACT and the Executive was established. "sentence administration board" means the Sentence Administration Board under the Crimes (Sentence Administration) Act 2005. "SES" means the ACT State Emergency Service established under the Emergencies Act 2004. sign includes attach a seal and make a mark. "signpost definition"--see section 131 (Signpost definition). "sitting day", of the Legislative Assembly, means a period that commences on a day the Assembly meets and continues until the Assembly next adjourns. Note A sitting day may continue for 1 or more days. "solicitor" means a lawyer who practises as a solicitor. Speaker means the Presiding Officer of the Legislative Assembly. Note The Presiding Officer is elected under the Self-Government Act, s 11. "Standards Australia" means the company named Standards Australia International Limited (ACN 087 326 690)." " "State "means a State of the Commonwealth, and includes the Northern Territory." " "statutory declaration" means a statutory declaration made under the Statutory Declarations Act 1959 (Cwlth). "statutory instrument"--see section 13. "statutory office-holder" means a person occupying a position under an Act or statutory instrument (other than a position in the public service). "subordinate law"--see section 8. "summary offence"--see section 190. "Supreme Court" means the Supreme Court of the Australian Capital Territory. Note The Supreme Court is established by the Supreme Court Act 1933, s 3. The Self-Government Act, s 48A deals with the jurisdiction and powers of the court. "swear" an oath includes make an affirmation. "take" an oath includes make an affirmation. "territory authority "means a body established for a public purpose under an Act, but does not include a body declared by regulation not to be a territory authority. "territory instrumentality" means a corporation that-- (a) is established under an Act or statutory instrument, or under the Corporations Act; and (b) is a territory instrumentality under the Public Sector Management Act 1994. Note Territory instrumentality is defined in the Public Sector Management Act 1994, dict. "territory land" means Territory Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth). Note The Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 28 provides that if land in the ACT is not national land it is territory land. "territory law"--see law, of the Territory. "territory lease"-- (a) means-- (i) a lease granted under the Planning and Development Act 2007; or (ii) a lease under the Unit Titles Act 2001; but (b) does not include a sublease. "territory-owned corporation" means a Territory owned corporation under the Territory-owned Corporations Act 1990. "territory plan" means the territory plan under the Planning and Development Act 2007. "the Territory" means-- (a) when used in a geographical sense--the Australian Capital Territory; or (b) in any other case--the body politic established by the Self-Government Act, section 7. "transgender person"--see section 169A (1) and (2). "transitional" includes application and saving. "Treasurer" means the Minister designated Treasurer by the Chief Minister, and includes a Minister authorised by the Chief Minister to act on behalf of the Treasurer. "tribunal "includes any entity that is authorised to hear, receive and examine evidence. "UK Act" means an Act of the United Kingdom Parliament." " "under", in relation to an Act or statutory instrument, includes the following: (a) by; (b) by virtue of; (c) for or for the purposes of; (d) in accordance with; (e) in pursuance of; (f) pursuant to; (g) within the meaning of. Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). "United Kingdom "means the United Kingdom of Great Britain and Northern Ireland." " "United Kingdom Parliament" means-- (a) the Parliament of England; or (b) the Parliament of Great Britain; or (c) the Parliament of the United Kingdom of Great Britain and Ireland; or (d) the Parliament of the United Kingdom of Great Britain and Northern Ireland. "veterinary surgeon"-- (a) means a person unconditionally registered as a veterinary surgeon under the Health Professionals Act 2004; and (b) for an activity, includes a person conditionally registered as a veterinary surgeon under the Health Professionals Act 2004 to the extent that the person is allowed to do the activity under the person's conditional registration. "will" includes a codicil. word includes any drawing, figure, number and symbol. "working day" means a day that is not-- (a) a Saturday or Sunday; or (b) a public holiday in the ACT under the Holidays Act 1958. "work safety commissioner "means the Work Safety Commissioner under the Work Safety Act 2008. "writing" includes any way of representing or reproducing words in visible form. Examples printing, photocopying, photography, typewriting 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 s 126 and s 132). "year", without specifying the kind of year, means calendar year. Part 2 Terms for Legislation Act 2001 only Note for pt 2 Terms that apply to all Acts and statutory instruments are set out in pt 1. "Act", for chapter 14 (Interpretation of Acts and statutory instruments)--see section 136. Note See also def Act in dict, pt 1. "ACT law"-- (a) for chapter 10 (Referring to laws)--see section 97 (1); and (b) for chapter 18 (Offences)--see section 188. "administrator", for part 19.5 (Service of documents)--see section 246. "agency", for part 19.5 (Service of documents)--see section 246. "amend", for chapter 9 (Repeal and amendment of laws)--see section 82. "another jurisdiction" means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand. "appointee"-- (a) for division 19.3.1 (Appointments--general)--see section 207 (2); and (b) for division 19.3.2 (Acting appointments)--see section 217 (2). "appointer"-- (a) for division 19.3.1 (Appointments--general)--see section 205; and (b) for division 19.3.2 (Acting appointments)--see section 215; and (c) for part 19.4 (Delegations)--see section 230 (1). "approved web site" means an internet site approved under section 21. "authorised republication"--see section 15. "authorising law", for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)--see section 31. "benefits", for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)--see section 31. "business address", for part 19.5 (Service of documents)--see section 246. "corporation", for part 19.5 (Service of documents)--see section 246. "costs", for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)--see section 31. "current legislative drafting practice" means the legislative drafting practices from time to time used in the Parliamentary Counsel's Office. "delegate", for part 19.4 (Delegations)--see section 233 (2). "determinative provision"--see section 5 (2). "document", for part 19.5 (Service of documents)--see section 246. Note See also def of document in dict, pt 1 "editorial amendment", of a law--see section 116. "email address", for part 19.5 (Service of documents)--see section 246. "executive officer", for part 19.5 (Service of documents)--see section 246. "fax number", for part 19.5 (Service of documents)--see section 246. "fee", for part 6.3 (Making of certain statutory instruments about fees)--see section 55. "home address", for part 19.5 (Service of documents)--see section 246. "law"-- (a) for chapter 3 (Authorised versions and evidence of laws and legislative material)--see section 22A; and (b) for chapter 8 (Commencement and exercise of powers before commencement)--see section 72; and (c) for chapter 9 (Repeal and amendment of laws)--see section 82; and (d) for chapter 10 (Referring to laws)--see section 97 (1); and (e) for chapter 11 (Republication of Acts and statutory instruments)--see section 107; and (f) for chapter 13 (Structure of Acts and statutory instruments)--see section 125; and (g) for chapter 16 (Courts, tribunals and other decision-makers)--see section 175; and (h) for chapter 17 (Entities and positions)--see section 182; and (i) for chapter 19 (Administrative and machinery provisions)--see section 195. "law of another jurisdiction", for chapter 10 (Referring to laws)--see section 97 (1). "legislative material", for chapter 3 (Authorised versions and evidence of laws and legislative material)--see section 22A. "non-determinative provision"--see section 5 (3). "provide" a service, for part 6.3 (Making of certain statutory instruments about fees)--see section 55. "register" means the ACT legislation register. "repeal", for chapter 9 (Repeal and amendment of laws)--see section 82. "republication--" (a) for chapter 3 (Authorised versions and evidence of laws and legislative material)--see section 22A; and (b) for chapter 11 (Republication of Acts and statutory instruments)--see section 107. "republication date", for an authorised republication, means the date stated in the republication as the republication date. "responsible", for part 19.5 (Service of documents)--see section 246. "scrutiny committee principles", for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)--see section 31. "service", for part 6.3 (Making of certain statutory instruments about fees)--see section 55. "working out the meaning of an Act", for part 14.2 (Key principles of interpretation)--see section 138. LEGISLATION ACT 2001 - NOTES Endnotes 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 Legislation Act 2001 No 14 notified 5 April 2001 (Gaz 2001 No 14) s 1, s 2 commenced 5 April 2001 (IA s 10B) remainder commenced 12 September 2001 (s 2 and Gaz 2001 No S65) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 220 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 220 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 2.2 notified 5 September 2001 (Gaz 2001 No S65) s 1, s 2 commenced 5 September 2001 (IA s 10B) amdts 2.67, 2.69, 2.78, 2.81 commenced 12 September 2001 (s 2 (2)) pt 2.2 remainder commenced 5 September 2001 (s 2 (1)) as modified by Legislation Regulations 2001 SL 2001 No 34 reg 6 notified LR 13 September 2001 commenced 13 September 2001 (reg 2) as amended by Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1 notified LR 14 September 2001 amdt commenced 14 September 2001 (s 2 (5)) Defamation Act 2001 No 88 s 43 (2) notified LR 24 September 2001 s 1, s 2 commenced 24 September 2001 (LA s 75) s 43 (2) commenced 1 July 2002 (s 2) Legislation Amendment Act 2002 No 11 ss 3-29, sch 1, pt 2.29 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) ss 3-29, sch 1, pt 2.29 commenced 28 May 2002 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 8 notified LR 9 September 2002 s 1, s 2 commenced 9 September 2002 (LA s 75) pt 8 commenced 7 October 2002 (s 2 (2)) Statute Law Amendment Act 2002 No 30 pt 2.1 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) amdt 2.3 taken to have commenced 12 September 2001 (s 2 (2)) pt 2.1 remainder commenced 17 September 2002 (s 2 (1)) Civil Law (Wrongs) Act 2002 No 40 div 3.2.8 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) div 3.2.8 commenced 1 November 2002 (s 2 (2) and CN2002-13) Statute Law Amendment Act 2002 (No 2) No 49 pt 2.1 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 2.1 commenced 17 January 2003 (s 2 (1)) Criminal Code 2002 No 51 pt 1.12 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA 75 (1)) pt 1.12 commenced 1 January 2003 (s 2 (1)) Planning and Land (Consequential Amendments) Act 2002 No 56 pt 3.13 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 3 pt 3.13 commences 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 pt 2 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) pt 2 commenced 28 March 2003 (s 2) Consumer and Trader Tribunal Act 2003 A2003-16 s 70 notified LR 9 April 2003 s 1, s 2 commenced 9 April 2003 (LA s 75 (1)) s 70 commenced 9 October 2003 (s 2 and LA s 79) Legislation (Statutory Interpretation) Amendment Act 2003 A2003-18 notified LR 9 April 2003 s 1, s 2 commenced 9 April 2003 (LA s 75 (1)) remainder commenced 10 April 2003 (s 2) Statute Law Amendment Act 2003 A2003-41 sch 2 pt 2.1 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1)) sch 2 pt 2.1 commenced 9 October 2003 (s 2 (1)) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 2 pt 2.1 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 2 pt 2.1 commenced 19 December 2003 (s 2) Parentage Act 2004 A2004-1 sch 1 pt 1.7 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 1 pt 1.7 commenced 22 March 2004 (s 2 and CN2004-3) Human Rights Act 2004 A2004-5 sch 2 pt 2.3 notified LR 10 March 2004s 1, s 2 commenced 10 March 2004 (LA s 75 (1))sch 2 pt 2.3 commenced 1 July 2004 (s 2) Dangerous Substances Act 2004 A2004-7 sch 1 pt 1.4 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.4 commenced 5 April 2004 (s 2 and CN2004-6) Nurse Practitioners Legislation Act 2004 A2004-10 pt 3 notified LR 19 March 2004s 1, s 2 commenced 19 March 2004 (LA s 75 (1))pt 3 commenced 27 May 2004 (s 2 and CN2004-9) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.20 notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.20 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Education Act 2004 A2004-17 sch 2 pt 2.5 notified LR 8 April 2004s 1, s 2 commenced 8 April 2004 (LA s 75 (1))sch 2 pt 2.5 commenced 1 January 2005 (s 2) Emergencies Act 2004 A2004-28 sch 3 pt 3.12 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) sch 3 pt 3.12 commenced 1 July 2004 (s 2 (1) and CN2004-11) Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 13 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) pt 13 commenced 13 July 2004 (s 2 (3)) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 3 pt 3.1, sch 4 pt 4.3, sch 5 pt 5.9, sch 6 pt 6.6, sch 8 pt 8.2, sch 11A pt 11A.1 (as am by A2005-28 amdt 1.61) notified LR 8 July 2004 s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 5 pt 5.9 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11) sch 6 pt 6.6 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1) and CN2006-2) sch 3 pt 3.1, sch 4 pt 4.3, sch 8 pt 8.2, sch 11A pt 11A.1 commenced 9 January 2007 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1; A2006-27 s 12)) Statute Law Amendment Act 2004 A2004-42 sch 2 pt 2.1 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 2 pt 2.1 commenced 25 August 2004 (s 2 (1)) Heritage Act 2004 A2004-57 sch 1 pt 1.8 notified LR 9 September 2004s 1, s 2 commenced 9 September 2004 (LA s 75 (1))sch 1 pt 1.8 commenced 9 March 2005 (s 2 and LA s 79) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.37 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.37 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 7 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 7 commenced 24 February 2005 (s 2 (2)) Optometrists Legislation Amendment Act 2005 A2005-9 sch 1 pt 1.1 notified LR 14 March 2005s 1, s 2 commenced 14 March 2005 (LA s 75 (1))sch 1 pt 1.1 commenced 14 September 2005 (s 2 and LA s 79) Statute Law Amendment Act 2005 A2005-20 sch 2 pt 2.1 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 2 pt 2.1 commenced 2 June 2005 (s 2 (1)) Health Legislation Amendment Act 2005 A2005-28 amdt 1.61 notified LR 6 July 2005 s 1, s 2 commenced 6 July 2005 (LA s 75 (1)) amdt 1.61 commenced 9 January 2007 (LA s 79A) Note This Act only amends the Health Professionals Legislation Amendment Act 2004 A2004-39. Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.8 (as am by A2006-3 amdt 1.3) notified LR 1 September 2005s 1, s 2 commenced 1 September 2005 (LA s 75 (1))sch 1 pt 1.8 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Public Sector Management Amendment Act 2005 (No 2) A2005-44 sch 1 pt 1.4 notified LR 30 August 2005s 1, s 2 commenced 30 August 2005 (LA s 75 (1))sch 1 pt 1.4 commenced 8 September 2005 (s 2 and CN2005-19) Human Rights Commission (Children and Young People Commissioner) Amendment Act 2005 A2005-46 sch 1 pt 1.1 (as am by A2006-3 amdt 1.2) notified LR 2 September 2005s 1, s 2 commenced 2 September 2005 (LA s 75 (1))sch 1 pt 1.1 commenced 1 November 2006 (s 2 (as am by A2006-3 amdt 1.2) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Public Advocate Act 2005 A2005-47 sch 1 pt 1.6 (as am by A2006-3 amdt 1.8) notified LR 2 September 2005s 1, s 2 commenced 2 September 2005 (LA s 75 (1))sch 1 pt 1.6 commenced 1 March 2006 (s 2 (1) as am by A2006-3 amdt 1.8) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.18 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.18 commenced 23 November 2005 (s 2) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 2 pt 2.1 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 2 pt 2.1 commenced 11 January 2006 (s 2 (1)) Human Rights Commission Legislation Amendment Act 2006A2006-3 amdts 1.2, 1.3, 1.8 notified LR 22 February 2006s 1, s 2 commenced 22 February 2006 (LA s 75 (1))amdts 1.2, 1.3, 1.8 commenced 23 February 2006 (s 2) Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41, Human Rights Commission (Children and Young People Commissioner) Amendment Act 2005 A2005-46 and the Public Advocate Act 2005 A2005-47 Civil Unions Act 2006 A2006-22 sch 1 pt 1.21 notified LR 19 May 2006s 1, s 2 commenced 19 May 2006 (LA s 75 (1))sch 1 pt 1.21 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.26 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.26 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Legal Profession Act 2006 A2006-25 sch 2 pt 2.8 notified LR 21 June 2006 s 1, s 2 commenced 21 June 2006 (LA s 75 (1)) sch 2 pt 2.8 commenced 1 July 2006 (s 2) Administrative (Miscellaneous Amendments) Act 2006 A2006-30 sch 1 pt 1.7 notified LR 16 June 2006 s 1, s 2 commenced 16 June 2006 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 July 2006 (s 2 (1)) Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.6 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.6 commenced 28 March 2007 (s 2 and LA s 79) Statute Law Amendment Act 2006 A2006-42 sch 2 pt 2.1 notified LR 26 October 2006s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))sch 2 pt 2.1 commenced 16 November 2006 (s 2 (1)) Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.11 notified LR 17 November 2006 s 1, s 2 commenced 17 November 2006 (LA s 75 (1)) sch 2 pt 2.11 commenced 18 November 2006 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 2 pt 2.1 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 2 pt 2.1 commenced 12 April 2007 (s 2 (1)) Housing Assistance Act 2007 A2007-8 sch 1 pt 1.6 notified LR 10 May 2007 s 1, s 2 commenced 10 May 2007 (LA s 75 (1)) sch 1 pt 1.6 commenced 10 November 2007 (s 2 and LA s 79) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 2 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 2 commenced 11 July 2007 (s 2 (1)) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.22 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.22 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Surveyors Act 2007 A2007-33 sch 1 pt 1.4 notified LR 25 October 2007 s 1, s 2 commenced 25 October 2007 (LA s 75 (1)) sch 1 pt 1.4 commenced 14 November 2007 (s 2 and CN2007-15) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.17 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.17 commenced 19 May 2008 (s 2 and CN2008-8) National Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.3 notified LR 30 June 2008 s 1, s 2 commenced 30 June 2008 (LA s 75 (1)) sch 2 pt 2.3 commenced 1 July 2008 (s 2 (1) and see National Gas (South Australia) Act 2008 (SA), s 7) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 2 pt 2.11, sch 4 pt 4.18 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 2 pt 2.11 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 4 pt 4.18 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) Statute Law Amendment Act 2008 A2008-28 sch 2 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 2 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.34 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.34 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.66 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.66 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.10 notified LR 9 September 2008 s 1, s 2 commenced 9 September 2008 (LA s 75 (1)) sch 1 pt 1.10 commenced 30 May 2009 (s 2 and CN2009-4) Statute Law Amendment Act 2009 A2009-20 sch 2 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 2 commenced 22 September 2009 (s 2) Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.8 notified LR 9 September 2009 s 1, s 2 commenced 9 September 2009 (LA s 75 (1)) sch 2 pt 2.8 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51 s 2 (1) (b) and CN2009-11) Legislation (Penalty Units) Amendment Act 2009 A2009-35 notified LR 20 October 2009 s 1, s 2 commenced 20 October 2009 (LA s 75 (1)) remainder commenced 21 October 2009 (s 2) 4 Amendment history Dictionarys 2 orig s 2 om LA s 89 (4) (prev s 3) am 2001 No 56 amdt 2.18 renum 2002 No 11 s 5 am A2003-56 amdt 2.1 Notess 2A (prev s 4) am 2001 No 56 amdt 2.19; 2002 No 11 amdt 1.1 renum 2002 No 11 s 5 (2), (3) exp 2 September 2003 (s 2A (3)) Objectss 3 orig s 3 renum as s 2 (prev s 5) am 2002 No 11 s 4 renum 2002 No 11 s 5 Application of Acts 4 orig s 4 renum as s 2A ins 2002 No 11 s 6 am A2006-42 amdt 2.1, amdt 2.2 Determinative and non-determinative provisionss 5 orig s 5 renum as s 3 ins 2002 No 11 s 6 Legislation Act provisions must be applieds 6 sub 2002 No 11 s 6 Meaning of Act generallys 7 am A2005-20 amdt 2.1 Meaning of legislative instruments 12 sub A2006-42 amdt 2.3 Meaning of instruments 14 am 2001 No 56 amdt 2.20 Meaning of provisions 16 am 2001 No 56 amdt 2.21 ACT legislation registers 18 am 2001 No 56 amdt 2.22 Contents of registers 19 sub 2001 No 56 amdt 2.23 am 2002 No 11 s 7; 2002 No 11 amdt 1.2; ss renum R5 LA (see 2002 No 11 amdt 1.3); 2002 No 49 amdt 2.1, amdt 2.1; pars renum R13 LA (see 2002 No 49 amdt 2.3); A2003-41 amdt 2.1, amdt 2.2; A2004-5 amdt 2.6; A2004-42 amdt 2.1; A2005-20 amdt 2.2; A2006-42 amdt 2.18, amdt 2.19 Access to registered material at approved web sites 22 am 2001 No 56 amdt 2.24 Authorised versions and evidence of laws and legislative materialch 3 hdg sub A2003-41 amdt 2.3 Definitions for ch 3s 22A ins A2003-41 amdt 2.4 def law ins A2003-41 amdt 2.4 def legislative material ins A2003-41 amdt 2.4 am A2005-20 amdt 2.3 def republication ins A2003-41 amdt 2.4 Authorisation of versions by parliamentary counsels 23 sub A2003-41 amdt 2.5 Authorised electronic versionss 24 am 2001 No 56 amdt 2.25, amdt 2.26; 2002 No 11 amdt 1.4 sub A2003-41 amdt 2.6 Authorised written versionss 25 sub A2003-41 amdt 2.7 Judicial notice of certain matterss 26 am A2003-41 amdt 2.8, amdt 2.9; A2005-20 amdt 2.4 Notification of Actss 28 am 2001 No 56 amdts 2.27-2.29; 2002 No 11 amdt 1.5; A2003-41 amdt 2.10, amdt 2.11; ss renum R20 LA (see A2003-41 amdt 2.12); A2005-62 amdt 2.1, amdt 2.2 References to notification of Actss 30 am 2001 No 56 amdt 2.30, amdt 2.31 Guidelines about costs of proposed subordinate laws and disallowable instrumentss 33 (3), (4) exp 12 March 2002 (s 33 (4)) am A2005-20 amdt 2.5, amdt 2.6 Preparation of regulatory impact statementss 34 am A2005-20 amdts 2.7-2.9; A2005-62 amdt 2.3 When is preparation of regulatory impact statement unnecessary? s 36 am 2002 No 30 amdt 2.1; A2005-20 amdt 2.10 When must regulatory impact statement be presented?s 37 am A2005-20 amdt 2.11 Making of certain statutory instruments by Executives 41 hdg sub 2001 No 56 amdt 2.32 sub 2002 No 11 s 8s 41 am 2001 No 56 amdts 2.33-2.36 sub 2002 No 11 s 8 Power to make statutory instrumentss 42 am 2002 No 11 amdt 1.6; A2005-20 amdt 2.12, amdt 2.13; A2006-42 amdt 2.18 Statutory instruments to be interpreted not to exceed powers under authorising laws 43 am 2002 No 11 amdt 1.7; A2003-56 amdt 2.2, amdt 2.3 Power to make statutory instruments for Act etcs 44 am 2002 No 11 amdt 1.8, amdt 1.9; 2002 No 49 amdt 2.54; A2005-20 amdt 2.14 Power to make court ruless 45 sub 2002 No 11 s 9 am 2002 No 49 amdt 2.4, amdt 2.54; A2005-20 amdt 2.15, amdt 2.16 Power to make instrument includes power to amend or repeals 46 am 2002 No 11 s 10; A2006-42 amdt 2.18 Statutory instrument may make provision by applying law or instruments 47 sub 2002 No 11 s 11 am 2002 No 49 amdt 2.5; A2003-56 amdt 2.4; A2005-20 amdts 2.17-2.19 Power to make instrument includes power to make different provision for different categories etcs 48 am 2002 No 11 amdt 1.10; 2002 No 49 amdt 2.54 Single instrument may exercise several powers or satisfy several requirementss 49 am 2002 No 11 amdt 1.11 Relationship between authorising law and instrument dealing with same matters 50 am 2002 No 11 amdt 1.12, amdt 1.13; 2002 No 49 amdt 2.54 Instrument may make provision in relation to land by reference to map etcs 51 am A2005-20 amdt 2.20 Instrument may authorise determination of matter etcs 52 am 2002 No 11 amdt 1.14; ss renum R5 LA (see 2002 No 11 amdt 1.15) Instrument may prohibits 53 am 2002 No 11 amdt 1.16, amdt 1.17 Instrument may require making of statutory declarations 54 am 2002 No 11 amdt 1.18; 2002 No 30 amdt 2.2 Determination of fees by disallowable instruments 56 am 2001 No 56 amdt 2.37, amdt 2.38; ss renum R1 LA (see 2001 No 56 amdt 2.39); 2002 No 11 amdt 1.19, amdt 1.20; 2002 No 49 amdt 2.54; A2005-20 amdts 2.21-2.27; A2006-42 amdt 2.4 Fees payable in accordance with determination etcs 57 am 2002 No 11 amdt 1.21 Regulations may make provision about feess 58 am 2001 No 56 amdt 2.40; 2002 No 11 amdt 1.22; ss renum R5 LA (see 2002 No 11 amdt 1.23); A2005-20 amdt 2.28 Numbering and notification of legislative instrumentspt 6.4 hdg am A2006-42 amdt 2.19 Numberings 59 am 2001 No 56 amdt 2.41; A2003-41 amdt 2.13; A2005-20 amdt 2.29; A2006-42 amdt 2.18, amdt 2.19 Correction etc of name of instruments 60 hdg sub A2003-41 amdt 2.14 am A2006-42 amdt 2.18 sub A2009-20 amdt 2.1s 60 am 2001 No 56 amdt 2.42, amdt 2.43; 2001 No 70 amdt 1.8; 2002 No 49 amdt 2.6, amdt 2.7; A2003-41 amdt 2.15; A2004-42 amdt 2.2, amdt 2.3; A2006-42 amdt 2.18, amdt 2.19; A2009-20 amdts 2.1-2.5 Correction of name of explanatory statement etcs 60A ins A2004-42 amdt 2.4 am A2006-42 amdt 2.18 Notification of legislative instrumentss 61 hdg am A2006-42 amdt 2.19s 61 sub 2001 No 56 amdt 2.44 am 2002 No 11 s 12, amdt 1.24; ss renum R5 LA (see 2002 No 11 amdt 1.25) ; A2003-41 amdts 2.16-2.19; A2004-60 amdt 1.173; pars renum R31 LA (see A2004-60 amdt 1.174); A2005-20 amdts 2.30-2.33; A2005-62 amdt 2.4, amdt 2.5; A2006-42 amdt 2.18 Effect of failure to notify legislative instruments 62 hdg am A2006-42 amdt 2.18s 62 am 2002 No 11 amdt 1.26, amdt 1.27; A2006-42 amdt 2.18 References to notification of legislative instrumentss 63 hdg am A2006-42 amdt 2.19s 63 am 2001 No 56 amdt 2.45, amdt 2.46; A2006-42 amdt 2.18 Presentation of subordinate laws and disallowable instrumentss 64 hdg sub 2002 No 11 amdt 1.28s 64 am 2002 No 11 amdt 1.29; A2005-20 amdt 2.34; A2005-62 amdt 2.6 Disallowance by resolution of Assemblys 65 hdg sub 2001 No 56 amdt 2.47s 65 am 2001 No 56 amdt 2.48, amdt 2.49; 2002 No 11 amdt 1.30; A2003-56 amdt 2.5; ss renum R21 LA (see A2003-56 amdt 2.6); A2004-42 amdt 2.5, amdt 2.6; A2005-20 amdt 2.35; A2005-62 amdt 2.7 Notification of disallowance by resolution of Assemblys 65A ins 2001 No 56 amdt 2.50 am 2002 No 11 amdt 1.31; A2003-41 amdt 2.20; A2005-62 amdt 2.8 Revival of affected lawss 66 am 2002 No 11 amdt 1.32 Making of instrument same in substance within 6 months after disallowances 67 am 2002 No 11 amdt 1.33; A2005-20 amdt 2.36; A2005-62 amdt 2.9 Amendment by resolution of Assemblys 68 am 2001 No 56 amdts 2.51-2.53; ss renum R1 LA (see 2001 No 56 amdt 2.54); 2002 No 11 amdt 1.34; A2004-42 amdt 2.7, amdt 2.8; A2005-20 amdt 2.37; A2005-62 amdt 2.10 Notification of amendments made by resolution of Assemblys 69 am 2001 No 56 amdt 2.55, amdt 2.56; 2002 No 11 amdt 1.35; 2002 No 49 amdt 2.8; A2005-62 amdt 2.11 Making of amendment restoring effect of law within 6 months after amendments 70 am 2002 No 11 amdt 1.36; A2005-20 amdt 2.38; A2005-62 amdt 2.12 Effect of dissolution or expiry of Assembly on notice of motions 71 am 2002 No 11 amdt 1.37; A2005-20 amdt 2.39, amdt 2.40; A2005-62 amdt 2.13 Meaning of law in ch 8s 72 am A2004-42 amdt 2.9; A2005-20 amdt 2.41 General rules about commencements 73 am 2002 No 11 s 13, s 14, amdt 1.38, amdt 1.39; A2003-41 amdt 2.21; A2003-56 amdts 2.7-2.9; A2004-42 amdt 2.10; A2005-20 amdt 2.42; A2006-42 amdt 2.18 Time of commencements 74 sub 2002 No 11 s 15 Commencement of naming and commencement provisionss 75 hdg sub A2004-42 amdt 2.11s 75 am 2002 No 11 s 16; 2002 No 49 amdt 2.9, amdt 2.10; A2003-56 amdt 2.10, amdt 2.11; A2004-42 amdt 2.12; ss renum R27 LA (see A2004-42 amdt 2.13) ; A2006-42 amdt 2.18 Commencement of provisions identifying amended lawss 75AA ins A2006-42 amdt 2.5 Meaning of commences retrospectivelys 75A ins A2003-56 amdt 2.12 am A2006-42 amdt 2.18 Retrospective commencement requires clear indications 75B ins A2003-56 amdt 2.12 am A2004-42 amdt 2.14; ss renum R27 LA (see A2004-42 amdt 2.15) Non-prejudicial provision may commence retrospectivelys 76 am 2002 No 11 amdt 1.40; ss renum R5 LA (see 2002 No 11 amdt 1.41); A2003-56 amdt 2.13, amdt 2.14; A2005-20 amdt 2.46 Commencement by commencement notices 77 am 2002 No 11 s 17, amdt 1.42; 2002 No 49 amdt 2.11; A2004-42 amdts 2.16-2.18 Separate commencement of amendmentss 78 sub 2002 No 11 amdt 1.43 Automatic commencement of postponed laws 79 am 2002 No 11 amdt 1.44; 2002 No 49 amdt 2.12; A2003-41 amdt 2.22; A2003-56 amdt 2.15, amdt 2.16; ss renum R21 LA (see A2003-56 amdt 2.17); A2004-42 amdt 2.19; A2005-20 amdt 2.44, amdt 2.45 Commencement of amendment of uncommenced laws 79A ins A2003-41 amdt 2.23 References to commencement of laws 80 am 2002 No 49 amdt 2.13 Exercise of powers between notification and commencements 81 am 2002 No 11 amdts 1.45-1.47; A2004-42 amdt 2.20, amdt 2.21; ss renum R27 LA (see A2004-42 amdt 2.22); A2005-5 s 25; ss renum R32 LA (see A2005-5 s 26); A2005-20 amdt 2.46; A2006-42 amdt 2.18 Definitions for ch 9s 82 def law sub A2004-42 amdt 2.23; A2005-20 amdt 2.47 def repeal sub 2002 No 49 amdt 2.14 am A2004-42 amdt 2.24 Consequences of amendment of statutory instrument by Acts 83 am 2002 No 11 amdt 1.48, amdt 1.49 Saving of operation of repealed and amended lawss 84 am 2002 No 11 amdt 1.50; ss renum R5 LA (see 2002 No 11 amdt 1.51); A2005-20 amdt 2.48 Creation of offences and changes in penaltiess 84A ins 2001 No 56 amdt 2.57 am 2002 No 11 amdt 1.52; A2004-42 amdt 2.25; ss renum R27 LA (see A2004-42 amdt 2.26); A2005-20 amdt 2.49 When repeal takes effects 85 sub 2002 No 11 s 18 Repealed and amended laws not revived on repeal of repealing and amending lawss 86 am 2002 No 11 amdt 1.53; ss renum R5 LA (see 2002 No 11 amdt 1.54) Commencement not undone if repealeds 87 am 2002 No 11 amdt 1.55 Repeal does not end effect of transitional laws etcs 88 hdg sub 2002 No 49 amdt 2.15s 88 am 2002 No 11 amdt 1.56; A2003-56 amdt 2.18; A2005-20 amdt 2.50, amdt 2.51; ss renum R34 LA (see A2005-20 amdt 2.52); A2006-42 amdt 2.6, amdt 2.7 Automatic repeal of certain laws and provisionss 89 am 2002 No 11 amdts 1.57-1.59; ss renum R5 LA (see 2002 No 11 amdt 1.60); 2002 No 30 amdt 2.3; 2002 No 49 amdts 2.16-2.18, 2.20-2.23; ss renum R13 LA (see 2002 No 49 amdt 2.19); A2003-56 amdts 2.19-2.23; ss renum R21 LA (see A2003-56 amdt 2.24); A2004-42 amdt 2.27, amdt 2.28, amdts 2.30-2.32; ss renum R27 LA (see A2004-42 amdt 2.29); A2005-20 amdts 2.53-2.56; A2006-42 amdt 2.8, amdt 2.18 Insertion of provisions by amending laws 91 am 2001 No 56 amdt 2.58; 2002 No 11 amdts 1.61-1.63; ss renum R5 LA (see 2002 No 11 amdt 1.64) ; A2003-41 amdt 2.24; A2004-42 amdt 2.33, amdt 2.34; A2005-20 amdt 2.57; A2009-20 amdt 2.6 Amendment to be made whenever possibles 92 am 2002 No 11 amdts 1.65-1.68; A2005-20 amdt 2.58 Provisions included in another provision for amendment purposess 93 am 2001 No 56 amdt 2.59, amdt 2.60; 2002 No 11 amdt 1.69; A2004-42 amdt 2.35, amdt 2.36; A2005-20 amdt 2.59 Continuance of appointments etc made under amended provisionss 94 am 2002 No 11 amdt 1.70; ss renum R5 LA (see 2002 No 11 amdt 1.71); 2002 No 49 amdt 2.24; A2003-41 amdt 2.25 Status of modificationss 95 am 2002 No 11 amdt 1.72, amdt 1.73 Relocated provisionss 96 am 2002 No 11 amdt 1.74; A2005-20 amdt 2.60 Referring to lawsch 10 hdg sub A2005-20 amdt 2.61 Definitions for ch 10s 97 hdg sub 2001 No 56 amdt 2.61s 97 am 2001 No 56 amdt 2.62 sub A2005-20 amdt 2.61 def ACT law ins A2005-20 amdt 2.61 def law ins A2005-20 amdt 2.61 def law of another jurisdiction ins A2005-20 amdt 2.61 References to ACT law include law containing references 98 am 2002 No 11 amdt 1.75 sub A2005-20 amdt 2.61 References in ACT statutory instruments to the Acts 99 am A2003-56 amdt 2.25 sub A2005-20 amdt 2.61 Referring to particular ACT lawss 100 am A2003-56 amdt 2.26 sub A2005-20 amdt 2.61 Referring to particular laws of other jurisdictions etcs 101 am 2002 No 49 amdt 2.25 sub A2005-20 amdt 2.61 Reference to provisions of law or instrument is inclusives 101A ins 2001 No 56 amdt 2.63 om A2005-20 amdt 2.61 References to paragraphs etcs 101B ins 2001 No 56 amdt 2.63 om A2005-20 amdt 2.61 References to laws include references to laws as in force from time to times 102 am 2002 No 11 amdt 1.76, amdt 1.77; A2003-56 amdt 2.27; ss renum R21 LA (see A2003-56 amdt 2.28) sub A2005-20 amdt 2.61 References to repealed lawss 103 sub A2005-20 amdt 2.61 References to laws include references to instruments under lawss 104 am 2001 No 56 amdt 2.64 sub A2005-20 amdt 2.61 Referring to provisions of lawss 105 am 2002 No 11 amdt 1.78, amdt 1.79 sub A2005-20 amdt 2.61 References to provisions of laws are inclusives 106 am 2002 No 30 amdt 2.4 sub A2005-20 amdt 2.61 References to paragraphs etc of lawss 106A ins A2005-20 amdt 2.61 Meaning of law in ch 11s 107 hdg sub A2004-42 amdt 2.37s 107 def law am A2003-41 amdt 2.26; A2005-20 amdt 2.62 def republication ins A2004-42 amdt 2.38 Republication in registers 108 am 2001 No 56 amdt 2.65 Republications may be published with other informations 109 am A2003-41 amdt 2.27 Incorporation of amendmentss 111 am A2005-20 amdt 2.63, amdt 2.64 Authorisation for parliamentary counsels 114 am 2001 No 70 amdt 1.8 Ambit of editorial amendmentss 116 am A2003-56 amdt 2.29; A2005-20 amdts 2.65-2.68, amdt 2.146 Delegation by parliamentary counsels 119 renum as s 260 Scope of Acts and statutory instrumentsch 12 hdg orig ch 12 hdg renum as ch 19 hdg and then ch 20 hdg ins 2001 No 56 amdt 2.68 Act to be interpreted not to exceed legislative powers of Assembly s 120 orig s 120 renum as s 261 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.80 Binding effect of Actss 121 orig s 121 renum as s 262 and then s 302 ins 2002 No 11 s 19 am A2006-38 amdt 1.8 Application to Territorys 122 orig s 122 renum as s 263 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.81 Application of s 47 (2) and (3)s 122A renum as s 264 and then s 304 Application of s 61 and s 62s 123 renum as s 265 and then s 305 Application of s 69s 124 renum as s 266 Structure of Acts and statutory instrumentsch 13 hdg orig ch 13 hdg renum as ch 20 hdg and then ch 21 hdg ins 2001 No 56 amdt 2.68 Generalpt 13.1 hdg ins 2001 No 56 amdt 2.68 Meaning of law in ch 13s 125 orig s 125 renum as s 267 and then s 306 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.69 Material that is part of Act or statutory instrument s 126 orig s 126 renum as s 268 and then s 307 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.82; 2002 No 30 amdt 2.5; A2003-56 amdt 2.30; ss renum R21 LA (see A2003-56 amdt 2.31); A2005-20 amdt 2.70 Material that is not part of Act or statutory instruments 127 orig s 127 renum as s 269 and then s 308 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.83; A2005-20 amdt 2.71 Status of certain instruments as notifiable instrumentss 128 renum as s 270 and then s 309 Compliance with authorisation or requirement to do something by notice in gazette s 129 renum as s 271 and then s 310 Particular kinds of provisionspt 13.2 hdg ins 2001 No 56 amdt 2.68 What is a definition?s 130 orig s 130 renum as s 272 and then s 313 ins 2001 No 56 amdt 2.68 am A2003-56 amdts 2.32-2.34 Signpost definitions s 131 ins 2001 No 56 amdt 2.68 am 2002 No 49 amdt 2.26, amdt 2.27; A2003-56 amdt 2.35, amdt 2.36; ss renum R21 LA (see A2003-56 amdt 2.37); A2009-20 amdt 2.7; A2009-28 amdt 2.20 Exampless 132 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.84 Penalty units s 133 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.85; A2009-35 s 4; ss renum R67 LA Penalties at end of sections and subsections s 134 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.86; 2002 No 49 amdt 2.28; A2005-20 amdt 2.72; amdt 2.73 Penalties not at end of sections and subsections s 135 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.87; 2002 No 49 amdt 2.29; A2005-20 amdt 2.74, amdt 2.75 Interpretation of Acts and statutory instrumentsch 14 hdg ins 2002 No 11 s 20 sub A2003-18 s 4 Purpose and scopept 14.1 hdg ins A2003-18 s 4 Meaning of Act in ch 14s 136 ins 2001 No 56 amdt 2.68 om 2002 No 11 amdt 1.88 ins A2003-18 s 4 Purpose and scope of ch 14s 137 ins 2002 No 11 s 20 sub A2003-18 s 4 Key principles of interpretationpt 14.2 hdg ins A2003-18 s 4 Meaning of working out the meaning of an Acts 138 reloc from IA 2002 No 11 amdt 2.63 sub A2003-18 s 4 Interpretation best achieving Act's purposes 139 reloc from IA 2002 No 11 amdt 2.63 pars renum R5 LA am 2002 No 49 amdt 2.30 sub A2003-18 s 4 am A2004-5 amdt 2.7 Legislative contexts 140 ins A2003-18 s 4 am A2006-23 amdt 1.211 Non-legislative context generallys 141 ins A2003-18 s 4 am A2003-41 amdt 2.28 Non-legislative context--material that may be considereds 142 ins A2003-18 s 4 am A2003-41 amdt 2.29; table renum R22 LA; A2005-20 amdt 2.76 Law stating material for consideration in working out meanings 143 ins A2003-18 s 4 Aids to interpretationch 15 hdg ins 2001 No 56 amdt 2.68ch 15 hdg note om 2002 No 11 amdt 1.89 Generalpt 15.1 hdg ins 2001 No 56 amdt 2.68 Meaning of commonly-used terms s 144 hdg sub A2003-56 amdt 2.38s 144 ins 2001 No 56 amdt 2.68 Gender and numbers 145 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.90 Meaning of may and must s 146 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.91, amdt 1.92; 2002 No 30 amdt 2.6; A2003-56 amdt 2.39; A2005-20 amdt 2.77 Changes of drafting practice not to affect meaning s 147 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.93 Terms used in instruments have same meanings as in authorising laws s 148 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.94; A2003-56 amdt 2.40 Age in years s 149 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.95 Measurement of distances 150 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.96 Working out periods of time generallys 151 ins 2002 No 11 s 21 am 2002 No 49 amdt 2.31; A2003-56 amdt 2.41 sub A2005-62 amdt 2.14 am A2006-42 amdt 2.9, amdt 2.10; ss renum R47 LA (10)-(12) exp 11 January 2007 (s 151 (12)) Periods of time ending on non-working dayss 151A ins A2005-62 amdt 2.14 am A2006-42 amdt 2.11 (5)-(7) exp 11 January 2007 (s 151A (7)) Doing things for which no time is fixeds 151B ins A2005-62 amdt 2.14 Power to extend times 151C ins A2005-62 amdt 2.14 Continuing effect of obligationss 152 ins 2002 No 11 s 21 sub 2002 No 49 amdt 2.32 Definitionspt 15.2 hdg ins 2001 No 56 amdt 2.68 Definitions apply subject to contrary intentions 155 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.97, amdt 1.98 Application of definitions in dictionaries and sectionss 156 ins 2001 No 56 amdt 2.68 am A2003-56 amdt 2.42; A2005-20 amdts 2.78-2.80 Defined terms--other parts of speech and grammatical formss 157 ins 2001 No 56 amdt 2.68 sub 2002 No 11 amdt 1.99 am A2003-56 amdt 2.43 References to various entities and thingspt 15.3 hdg ins 2001 No 56 amdt 2.68 References to people generally s 160 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.100, amdt 1.101; A2009-20 amdt 2.8 Corporations liable to offences s 161 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.102; 2002 No 51 amdt 1.23; 2002 No 49 amdt 2.33 References to a Minister or the Minister s 162 ins 2001 No 56 amdt 2.68 References to a chief executive or the chief executives 163 ins 2001 No 56 amdt 2.68 am A2005-44 amdt 1.5 References to Australian Standards etcs 164 ins 2001 No 56 amdt 2.68 sub A2003-56 amdt 2.44 References to Assembly committees that no longer exists 165 ins 2001 No 56 amdt 2.68 References to person with interest in land include personal representative etcs 168 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.103 References to domestic partner and domestic partnerships 169 ins A2003-14 s 4 am A2006-22 amdt 1.72, amdt 1.73 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.42, amdt 1.43 References to transgender peoples 169A ins A2003-14 s 4 References to intersex peoples 169B ins A2003-14 s 4 Preservation of certain common law privilegespt 15.4 hdg ins 2002 No 11 s 22 Privileges against selfincrimination and exposure to civil penaltys 170 ins 2002 No 11 s 22 Client legal privileges 171 ins 2002 No 11 s 22 Courts, tribunals and other decision-makersch 16 hdg ins 2001 No 56 amdt 2.68 Meaning of law in ch 16s 175 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.81 Jurisdiction of courts and tribunalss 176 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.104 Recovery of amounts owing under laws s 177 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.105 sub A2008-37 amdt 1.296 Power to decide includes power to take evidence etcs 178 hdg am A2003-41 amdt 2.30s 178 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.106, amdt 1.107; A2003-41 amdt 2.31 sub A2005-53 amdt 1.92 Content of statements of reasons for decisionss 179 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.108; A2003-56 amdt 2.45 Power to make decision includes power to reverse or change s 180 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.109 Entities and positionsch 17 hdg ins 2001 No 56 amdt 2.68 Meaning of law in ch 17s 182 (prev s 185) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.110 sub A2003-56 amdt 2.46 am A2005-20 amdt 2.81 Change of name of entitys 183 (prev s 187) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.112 am A2003-56 amdt 2.47 sub A2005-20 amdt 2.83 Change in constitution of entitys 184 (prev s 188) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.112 References to entitys 184A ins A2005-20 amdt 2.84 References to occupant of positions 185 orig s 185 renum as s 182 (prev s 189) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.112 am A2003-56 amdt 2.48; A2005-20 amdt 2.85, amdt 2.86 Change of name of positions 186 (orig s 186) ins 2001 No 56 amdt 2.68 om 2002 No 11 amdt 1.111 (prev s 190) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.112 am A2003-56 amdt 2.49 sub A2005-20 amdt 2.87 Chair and deputy chair etcs 187 orig s 187 renum as s 183 (prev s 191) ins 2001 No 56 amdt 2.68 renum 2002 No 11 amdt 1.112 sub A2005-20 amdt 2.88 Offencesch 18 hdg orig ch 18 hdg renum as ch 19 hdg ins 2002 No 11 s 23 Introductorypt 18.1 hdg renum as pt 19.1 hdg Functionspt 18.2 hdg renum as pt 19.2 hdg Appointmentspt 18.3 hdg renum as pt 19.3 hdg Appointments--other than acting appointmentsdiv 18.3.1 hdg renum as div 19.3.1.hdg Acting appointmentsdiv 18.3.2 hdg renum as div 19.3.2 hdg Delegationspt 18.4 hdg renum as pt 19.4 hdg Service of documentspt 18.5 hdg renum as pt 19.5 hdg Other matterspt 18.6 hdg renum as pt 19.7 hdg Meaning of ACT law in ch 18s 188 orig s 188 renum as s 184 ins 2002 No 11 s 23 sub A2005-20 amdt 2.89 Reference to offence includes reference to related ancillary offencess 189 orig s 189 renum as s 185 ins 2002 No 11 s 23 am 2002 No 51 amdt 1.24, amdt 1.25; A2005-20 amdt 2.90, amdt 2.91; A2005-53 amdt 1.93 Indictable and summary offencess 190 orig s 190 renum as s 186 ins 2002 No 11 s 23 am A2003-56 amdt 2.50; ss renum R21 LA (see A2003-56 amdt 2.51); A2005-20 amdt 2.92; A2008-44 amdt 1.62 Offences against 2 or more lawss 191 orig s 191 renum as s 187 ins 2002 No 11 s 23 am A2005-20 amdts 2.93-2.96 When must prosecutions begin?s 192 ins 2002 No 11 s 23 am 2002 No 51 amdt 1.26; A2004-32 s 90; A2005-5 s 27; A2005-20 amdt 2.97; A2005-53 amdt 1.94; A2005-62 amdt 2.15, amdt 2.16; A2007-16 amdt 2.1, amdt 2.2 Continuing offencess 193 ins 2002 No 11 s 23 am A2005-20 amdt 2.98 Administrative and machinery provisionsch 19 hdg (prev ch 12 hdg) renum as ch 19 hdg and then ch 20 hdg (prev ch 18 hdg) ins 2001 No 56 amdt 2.68 renum as ch 19 hdg 2002 No 11 s 24 Introductorypt 19.1 hdg (prev pt 18.1 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Meaning of law in ch 19s 195 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.99 Functionspt 19.2 hdg (prev pt 18.2 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Provision giving function gives power to exercise function s 196 ins 2001 No 56 amdt 2.68 Statutory functions may be exercised from time to times 197 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.113, amdt 1.114; A2005-20 amdt 2.100 Functions of bodies s 199 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.115, amdt 1.116; ss renum R5 LA (see 2002 No 11 amdt 1.117); A2003-41 amdt 2.32, amdt 2.33; ss renum R20 LA (see A2003-41 amdt 2.34) Functions of occupants of positions s 200 ins 2001 No 56 amdt 2.68 Appointmentspt 19.3 hdg (prev pt 18.3 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Appointments--generaldiv 19.3.1 hdg (prev div 18.3.1 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 sub A2003-56 amdt 2.52div 19.3.1 note ins 2002 No 11 amdt 1.118 Application of div 19.3.1 s 205 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.119, amdt 1.120 Appointments must be in writing etcs 206 ins 2001 No 56 amdt 2.68 sub 2002 No 11 s 25 Appointment may be by name or positions 207 ins 2001 No 56 amdt 2.68 Power of appointment includes power to suspend etc s 208 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.101 Power of appointment includes power to make acting appointment s 209 ins 2001 No 56 amdt 2.68 Resignation of appointments 210 ins 2001 No 56 amdt 2.68 Appointment not affected by appointer changess 211 ins 2001 No 56 amdt 2.68 Appointment not affected by defect etc s 212 ins 2001 No 56 amdt 2.68 Acting appointmentsdiv 19.3.2 hdg (prev div 18.3.2 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Application of div 19.3.2 s 215 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.121, amdt 1.122 Acting appointments must be in writing etcs 216 ins 2001 No 56 amdt 2.68 sub 2002 No 11 s 26 Acting appointment may be made by name or positions 217 ins 2001 No 56 amdt 2.68 Instrument may provide when acting appointment has effect etc s 218 ins 2001 No 56 amdt 2.68 Appointer may decide terms of acting appointment etcs 219 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.123 Appointee may exercise functions under acting appointment etc s 220 ins 2001 No 56 amdt 2.68 How long does an acting appointment operate?s 221 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.124 Resignation of acting appointment s 222 ins 2001 No 56 amdt 2.68 Effect of acting appointment on substantive appointment etcs 223 ins 2001 No 56 amdt 2.68 Acting appointment not affected by appointer changess 224 ins 2001 No 56 amdt 2.68 Acting appointment not affected by defect etcs 225 ins 2001 No 56 amdt 2.68 Standing acting arrangementsdiv 19.3.2A hdg ins A2003-41 amdt 2.35 Application of div 19.3.2As 225A ins A2003-41 amdt 2.35 Person acting under standing acting arrangement may exercise functions etcs 225B hdg sub A2005-20 amdt 2.102s 225B ins A2003-41 amdt 2.35 Appointments--Assembly consultationdiv 19.3.3 hdg ins 2002 No 11 s 27 Meaning of statutory position in div 19.3.3s 226 ins 2002 No 11 s 27 Application of div 19.3.3s 227 ins 2002 No 11 s 27 am 2002 No 49 amdt 2.34; A2004-28 amdt 3.32 (3), (4) exp 22 December 2004 (s 227 (4) and see A2004-28, s 211 (1) and NI2004-486) am A2007-3 amdt 2.1 Consultation with appropriate Assembly committees 228 ins 2002 No 11 s 27 Appointment is disallowable instruments 229 hdg sub 2002 No 49 amdt 2.35s 229 ins 2002 No 11 s 27 Delegationspt 19.4 hdg (prev pt 18.4 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Application of pt 19.4 generallys 230 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.125; A2005-20 amdt 2.103, amdt 2.104 Application of pt 19.4 to subdelegations s 231 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.126; A2003-56 amdt 2.53, amdt 2.54 Delegation must be in writing etcs 232 ins 2001 No 56 amdt 2.68 Delegation may be made by name or position s 233 ins 2001 No 56 amdt 2.68 Instrument may provide when delegation has effect etc s 234 ins 2001 No 56 amdt 2.68 am A2003-41 amdt 2.36 Delegation may be made to 2 or more delegatess 235 ins 2001 No 56 amdt 2.68 Power to delegate may not be delegateds 236 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.127 sub A2003-56 amdt 2.55 Delegation may be amended or revokeds 237 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.105 Appointer responsible for delegated functions 238 ins 2001 No 56 amdt 2.68 Exercise of delegation by delegate s 239 ins 2001 No 56 amdt 2.68 am 2002 No 49 amdt 2.36, amdt 2.37; A2003-56 amdt 2.56 Appointer may exercise delegated function s 240 ins 2001 No 56 amdt 2.68 Delegation not affected by appointer changes s 241 ins 2001 No 56 amdt 2.68 Delegation not affected by defect etcs 242 ins 2001 No 56 amdt 2.68 Service of documentspt 19.5 hdg (prev pt 18.5 hdg) ins 2001 No 56 amdt 2.68 renum 2002 No 11 s 24 Application of pt 19.5s 245 ins 2001 No 56 amdt 2.68 Definitions for pt 19.5s 246 ins 2001 No 56 amdt 2.68 def home address am 2002 No 30 amdt 2.7 Service of documents on individualss 247 ins 2001 No 56 amdt 2.68 am 2002 No 49 amdt 2.38, amdt 2.39 Service of documents on corporations s 248 ins 2001 No 56 amdt 2.68 am 2002 No 49 amdt 2.40, amdt 2.41 Service of documents on agenciess 249 ins 2001 No 56 amdt 2.68 When document taken to be served s 250 hdg sub A2005-20 amdt 2.106s 250 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.128 Other laws not affected etcs 251 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.129 Powers of courts and tribunals not affecteds 252 ins 2001 No 56 amdt 2.68 Functions of Executive and Ministerspt 19.6 hdg ins 2002 No 11 s 29 Exercise of functions of Executives 253 ins 2002 No 11 s 29 am A2003-41 amdt 2.37; A2005-62 amdt 2.17 Administration of matters not allocateds 254 ins 2002 No 11 s 29 Delegation by Ministers 254A ins 2002 No 11 s 29 Other matterspt 19.7 hdg (prev pt 18.6 hdg) ins 2001 No 56 amdt 2.68 sub 2002 No 11 s 28 Formss 255 ins 2001 No 56 amdt 2.68 am 2002 No 11 amdt 1.130, amdt 1.131; 2002 No 49 amdt 2.42; A2003-41 amdt 2.38; A2005-20 amdt 2.107, amdt 2.108; A2006-42 amdt 2.12, amdt 2.19 Production of records kept in computers etc s 256 ins 2001 No 56 amdt 2.68 am A2005-20 amdt 2.109 Delegation by parliamentary counsels 260 (prev s 119) renum 2001 No 56 amdt 2.67 om 2002 No 11 amdt 1.132 References to Administration Act 1989 etcs 261 (prev s 120) renum 2001 No 56 amdt 2.67 om 2002 No 11 amdt 1.132 Regulation-making powers 262 (prev s 121) renum as s 262 and then s 302 Application of s 28s 263 (prev s 122) renum 2001 No 56 amdt 2.67 exp 12 March 2002 (s 263 (2)) Application of s 47 (2) to (6)s 264 (prev s 122A) renum as s 264 and then s 304 Application of s 61 and s 62s 265 (prev s 123) renum as s 265 and then s 305 Application of s 69s 266 (prev s 124) renum 2001 No 56 amdt 2.67 exp 12 March 2002 (s 266 (2)) Transitional regulationss 267 (prev s 125) renum as s 267 and then s 306 Modification of ch 20's operations 268 (prev s 126) renum as s 268 and then s 307 Status of certain instruments as disallowable instrumentss 269 (prev s 127) renum as s 269 and then s 308 Status of certain instruments as notifiable instrumentss 270 (prev s 128) renum as s 270 and then s 309 Compliance with authorisation or requirement to do something by notice in gazettes 271 (prev s 129) renum as s 271 and then s 310 Commencement of Acts that refer to notification or notice in the gazettes 271B renum as s 311 Commencement of registrable instruments that refer to notification or notice in the gazettes 271C renum as s 312 Status of republications under Legislation (Republication) Act 1996s 272 (prev s 130) renum as s 272 and then s 313 Transitional provisions about penaltiess 273 renum as s 314 Status of certain determinationss 274 renum as s 315 Miscellaneousch 20 hdg (prev ch 13 hdg) renum as ch 20 hdg and then ch 21 hdg (prev ch 12 hdg) renum as ch 19 hdg 2001 No 56 amdt 2.66 renum as ch 20 hdg 2002 No 11 s 24 Delegation by parliamentary counsels 300 ins 2002 No 11 amdt 1.132 am A2004-60 amdt 1.175 References to Administration Act 1989 etcs 301 ins 2002 No 11 amdt 1.132 Regulation-making powers 302 (prev s 121) renum as s 262 2001 No 56 amdt 2.67 renum as s 302 R5 LA (see 2002 No 11 amdt 1.133) sub A2003-41 amdt 2.39 am A2006-42 amdt 2.19 Transitionalch 21 hdg (prev ch 13 hdg) renum as ch 20 hdg 2001 No 56 amdt 2.66 renum as ch 21 hdg 2002 No 11 s 24 om R29 LA Transitional--meaning of optometrists 303 ins A2005-9 amdt 1.1 exp 9 January 2007 (see the Health Professionals Act 2004 s 136 (1) (h)) (s 303 (2)) Application of s 47 (2) to (6)s 304 hdg (prev s 122A hdg) renum as s 264 hdg and then s 304 hdg sub 2002 No 11 amdt 1.134s 304 (prev s 122A) ins 2001 No 44 amdt 1.2623 renum as s 264 2001 No 56 amdt 2.67 am 2002 No 11 amdt 1.135 renum as s 304 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2004 (s 304 (4)) Application of s 61 and s 62s 305 (prev s 123) renum as s 265 2001 No 56 amdt 2.67 renum as s 305 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2002 (s 305 (3)) Transitional regulationss 306 (prev s 125) am 2001 No 44 amdt 1.2624 renum as s 267 2001 No 56 amdt 2.67 am 2001 No 56 amdts 2.69-2.71; 2002 No 11 amdts 1.137-1.140 renum as s 306 R5 LA (see 2002 No 11 amdt 1.136) exp 28 May 2003 (s 306 (5)) Modification of ch 20's operations 307 hdg (prev s 268 hdg) sub 2001 No 56 amdt 2.72s 307 (prev s 126) renum as s 268 2001 No 56 amdt 2.67 am 2002 No 11 amdt 1.141 renum as s 307 R5 LA (see 2002 No 11 amdt 1.13) am 2002 No 49 amdt 2.54 exp 28 May 2003 (s 307 (2)) Status of certain instruments as disallowable instrumentss 308 (prev s 127) renum as s 269 2001 No 56 amdt 2.67 renum as s 308 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2004 (s 308 (4)) Status of certain instruments as notifiable instrumentss 309 (prev s 128) renum as s 270 2001 No 56 amdt 2.67 renum as s 309 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2004 (s 309 (7)) Compliance with authorisation or requirement to do something by notice in gazette s 310 (prev s 129) renum as s 271 2001 No 56 amdt 2.67 am 2001 No 56 amdt 2.73 renum as s 310 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2004 (s 310 (5)) Application of s 89 to registrable instruments 310A ins A2003-56 amdt 2.57 exp 12 September 2004 (s 310A (2)) Commencement of Acts that refer to notification or notice in the gazettes 311 (prev s 271B) ins as mod SL 2001 No 34 reg 6 renum R5 LA (see 2002 No 11 amdt 1.136) exp 13 September 2002 (s 311 (5)) Commencement of registrable instruments that refer to notification or notice in the gazettes 312 (prev s 271C) ins as mod SL 2001 No 34 reg 6 renum R5 LA (see 2002 No 11 amdt 1.136) exp 13 September 2002 (s 312 (5)) Status of republications under Legislation (Republication) Act 1996s 313 (prev s 130) renum as s 272 2001 No 56 amdt 2.67 renum as s 313 R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2004 (s 313 (3)) Transitional provisions about penalties s 314 (prev s 273) ins 2001 No 56 amdt 2.74 renum R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2003 (s 314 (5)) Status of certain determinationss 315 (prev s 274) ins 2001 No 56 amdt 2.74 renum R5 LA (see 2002 No 11 amdt 1.136) exp 12 September 2003 (s 315 (6)) Delegations under Administration Act 1989s 316 ins A2003-56 amdt 2.58 exp 12 September 2004 (s 316 (3)) Former NSW and UK Acts in force before establishment of Territorysch 1 pt 1.1 hdg (prev sch 1 pt 1 hdg) sub and renum 2001 No 56 amdt 2.75sch 1 pt 1.1 am 2001 No 44 amdt 1.2625; 2001 No 56 amdts 2.76-2.79; 2001 No 88 s 43 (2); 2002 No 40 amdt 3.28; items renum R11 LA (see 2002 No 40 amdt 3.29) sub 2002 No 49 amdt 2.43 am A2003-56 amdt 2.59; items renum R21 LA (see A2003-56 amdt 2.60); A2004-17 amdt 2.10; items renum R30 LA (see A2004-17 amdt 2.11); A2004-60 amdt 1.176; items renum R31 LA (see A2004-60 amdt 1.177); A2006-38 amdt 1.9; items renum R52 LA (see A2006-38 amdt 1.10) Former NSW Acts applied after establishment of Territorysch 1 pt 1.2 hdg (prev sch 1 pt 2 hdg) sub and renum 2001 No 56 amdt 2.80sch 1 pt 1.2 am 2001 No 44 amdt 1.2626, amdt 1.2627; 2001 No 56 amdt 2.81; A2004-7 amdt 1.5; A2006-38 amdt 1.11; items renum R52 LA (see A2006-38 amdt 1.12) Meaning of commonly-used termsdict pt 1 hdg sub A2003-56 amdt 2.61dict pt 1 note sub A2003-56 amdt 2.61dict pt 1 def AAT ins 2002 No 49 amdt 2.44 om A2008-37 amdt 1.297 def ACAT ins A2008-36 amdt 1.409 def Act sub 2001 No 56 amdt 2.82 am A2005-20 amdt 2.110 def ACT reloc from IA 2001 No 56 amdt 2.16 def ADI reloc from IA 2001 No 56 amdt 2.16 sub 2002 No 49 amdt 2.45 def administrative appeals tribunal reloc from IA 2001 No 56 amdt 2.16 om A2008-37 amdt 1.297 def administrative unit reloc from IA 2001 No 56 amdt 2.16 def adult reloc from IA 2001 No 56 amdt 2.16 def affidavit reloc from IA 2001 No 56 amdt 2.16 om A2005-53 amdt 1.95 def ambulance service reloc from IA 2001 No 56 amdt 2.16 sub A2004-28 amdt 3.33 def amend sub 2001 No 56 amdt 2.82 am A2005-20 amdt 2.111, amdt 2.112 def appoint reloc from IA 2001 No 56 amdt 2.16 def AS ins A2009-20 amdt 2.9 def AS/NZS ins A2009-20 amdt 2.9 def asset reloc from IA 2001 No 56 amdt 2.16 def Attorney-General ins 2001 No 56 amdt 2.82 def auditor-general reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.113 def Australia reloc from IA 2001 No 56 amdt 2.16 def Australian driver licence reloc from IA 2001 No 56 amdt 2.16 def Australian/New Zealand Standard ins A2009-20 amdt 2.9 def Australian Standard ins A2009-20 amdt 2.9 def Australian Statistician ins A2005-20 amdt 2.114 def authorised deposit-taking institution reloc from IA 2001 No 56 amdt 2.16 sub 2002 No 49 amdt 2.46 def bank reloc from IA 2001 No 56 amdt 2.16 def barrister reloc from IA 2001 No 56 amdt 2.16 def body reloc from IA 2001 No 56 amdt 2.16 def breach reloc from IA 2001 No 56 amdt 2.16 def building code ins A2004-13 amdt 2.79 def building society reloc from IA 2001 No 56 amdt 2.16 sub A2003-56 amdt 2.62 def business day reloc from IA 2001 No 56 amdt 2.16 def by ins A2005-20 amdt 2.115 def by-laws ins 2002 No 11 amdt 1.142 om A2005-20 amdt 2.116 def by-law ins A2005-20 amdt 2.116 def calendar month reloc from IA 2001 No 56 amdt 2.16 def calendar year reloc from IA 2001 No 56 amdt 2.16 def change reloc from IA 2001 No 56 amdt 2.16 sub A2006-42 amdt 2.13 def chief executive ins 2001 No 56 amdt 2.82 def chief fire control officer ins 2001 No 56 amdt 2.82 om A2004-28 amdt 3.34 def chief health officer reloc from IA 2001 No 56 amdt 2.16 def Chief Justice reloc from IA 2001 No 56 amdt 2.16 def Chief Magistrate reloc from IA 2001 No 56 amdt 2.16 def Chief Minister reloc from IA 2001 No 56 amdt 2.16 def chief officer (ambulance service) ins A2004-28 amdt 3.35 def chief officer (fire brigade) ins A2004-28 amdt 3.35 def chief officer (rural fire service) ins A2004-28 amdt 3.35 def chief officer (SES) ins A2004-28 amdt 3.35 def chief planning executive ins 2002 No 56 amdt 3.43 sub A2005-20 amdt 2.117; A2007-25 amdt 1.96 def chief police officer reloc from IA 2001 No 56 amdt 2.16 def chief solicitor ins A2004-42 amdt 2.39 def chief surveyor ins A2007-33 amdt 1.9 def child reloc from IA 2001 No 56 amdt 2.16 def children and young people commissioner ins A2005-46 amdt 1.1 def Childrens Court reloc from IA 2001 No 56 amdt 2.16 sub A2008-20 amdt 4.42 def city area reloc from IA 2001 No 56 amdt 2.16 am A2005-20 amdt 2.118 def civil partner ins A2008-14 amdt 1.44 def civil partnership ins A2008-14 amdt 1.44 def civil union ins A2006-22 amdt 1.74 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) def clerk reloc from IA 2001 No 56 amdt 2.16 def commencement sub 2001 No 56 amdt 2.82 def commencement notice sub 2001 No 56 amdt 2.82 def commissioner for fair trading reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.119 def commissioner for health complaints ins 2001 No 56 amdt 2.82 om A2005-41 amdt 1.110 def commissioner for housing reloc from IA 2001 No 56 amdt 2.16 om A2007-8 amdt 1.12 def commissioner for land and planning reloc from IA 2001 No 56 amdt 2.16 om 2002 No 56 amdt 3.44 def commissioner for public administration reloc from IA 2001 No 56 amdt 2.16 def commissioner for revenue reloc from IA 2001 No 56 amdt 2.16 def commissioner for surveys reloc from IA 2001 No 56 amdt 2.16 om A2007-33 amdt 1.10 def commissioner for the environment ins 2001 No 56 amdt 2.82 def commissioner of police reloc from IA 2001 No 56 amdt 2.16 def commit ins A2006-23 amdt 1.212 def committed for trial reloc from IA 2001 No 56 amdt 2.16 om A2006-23 amdt 1.212 def Commonwealth reloc from IA 2001 No 56 amdt 2.16 def Commonwealth country reloc from IA 2001 No 56 amdt 2.16 def Commonwealth DPP ins A2005-20 amdt 2.120 def Commonwealth gazette reloc from IA 2001 No 56 amdt 2.16 def community advocate reloc from IA 2001 No 56 amdt 2.16 om A2005-47 amdt 1.12 def confer reloc from IA 2001 No 56 amdt 2.16 def conservator of flora and fauna reloc from IA 2001 No 56 amdt 2.16 def construction occupations registrar ins A2004-13 amdt 2.80 sub A2005-20 amdt 2.121 def consumer and trader tribunal ins A2003-16 s 70 om A2008-36 amdt 1.410 def Consumer Credit (Australian Capital Territory) Code reloc from IA 2001 No 56 amdt 2.16 def Consumer Credit (Australian Capital Territory) Regulations reloc from IA 2001 No 56 amdt 2.16 def contravene reloc from IA 2001 No 56 amdt 2.16 def converted ordinance reloc from IA 2001 No 56 amdt 2.16 def Coroner's Court reloc from IA 2001 No 56 amdt 2.16 def corporation reloc from IA 2001 No 56 amdt 2.16 def Corporations Act ins in IA 2001No 56 amdt 2.14 reloc from IA 2001 No 56 amdt 2.16 def correctional centre ins A2006-23 amdt 1.213 def corrections officer ins A2006-23 amdt 1.213 def Court of Appeal ins A2004-42 amdt 2.39 def court of summary jurisdiction reloc from IA 2001 No 56 amdt 2.16 def credit tribunal reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.122 om A2008-36 amdt 1.410 def credit union reloc from IA 2001 No 56 amdt 2.16 sub A2003-56 amdt 2.63 def Criminal Code ins 2002 No 51 amdt 1.27 def custodial escort ins 2002 No 30 amdt 2.8 om A2006-23 amdt 1.214 def daily newspaper ins A2009-20 amdt 2.10 def daylight reloc from IA 2001 No 56 amdt 2.16 def definition ins 2001 No 56 amdt 2.82 def dental prosthetist reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 3.1 def dental technician reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 3.2 def dentist reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 4.3 def Deputy Speaker ins A2005-20 amdt 2.123 def designation reloc from IA 2001 No 56 amdt 2.16 def detention place ins A2008-20 amdt 2.22 def director of corrective services ins 2002 No 30 amdt 2.8 om A2006-23 amdt 1.215 def director of public prosecutions (or DPP) reloc from IA 2001 No 56 amdt 2.16 def disability and community services commissioner ins A2005-41 amdt 1.111 def disallowable instrument sub 2001 No 56 amdt 2.82 def discrimination commissioner reloc from IA 2001 No 56 amdt 2.16 sub A2005-41 amdt 1.112 def discrimination tribunal reloc from IA 2001 No 56 amdt 2.16 om A2008-36 amdt 1.410 def doctor reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 5.13 def document reloc from IA 2001 No 56 amdt 2.16 am A2003-56 amdt 2.64 def domestic partner ins A2003-14 s 5 def domestic partnership ins A2003-14 s 5 def DPP ins 2002 No 49 amdt 2.47 def driver licence reloc from IA 2001 No 56 amdt 2.16 def electoral commission reloc from IA 2001 No 56 amdt 2.16 def electoral commissioner reloc from IA 2001 No 56 amdt 2.16 def emergency service ins A2004-28 amdt 3.35 def emergency services authority ins A2004-28 amdt 3.35 om A2007-3 amdt 2.2 def emergency services commissioner ins A2004-28 amdt 3.35 def enactment sub 2001 No 56 amdt 2.82 def enrolled nurse ins A2006-46 amdt 2.28 def entity ins 2001 No 56 amdt 2.82 def environment protection authority ins 2002 No 11 amdt 1.142 def establish reloc from IA 2001 No 56 amdt 2.16 def estate reloc from IA 2001 No 56 amdt 2.16 def Executive reloc from IA 2001 No 56 amdt 2.16 def exercise reloc from IA 2001 No 56 amdt 2.16 def expire reloc from IA 2001 No 56 amdt 2.16 def external territory reloc from IA 2001 No56 amdt 2.16 def fail reloc from IA 2001 No 56 amdt 2.16 def Federal Court reloc from IA 2001 No 56 amdt 2.16 def file reloc from IA 2001 No 56 amdt 2.16 def financial year reloc from IA 2001 No 56 amdt 2.16 def fire brigade reloc from IA 2001 No 56 amdt 2.16 sub A2004-28 amdt 3.36 def fire commissioner reloc from IA 2001 No 56 amdt 2.16 om A2004-28 amdt 3.37 def for ins 2002 No 11 amdt 1.142 def foreign country reloc from IA 2001 No 56 amdt 2.16 sub A2006-42 amdt 2.14 def former NSW Act sub 2001 No 56 amdt 2.82; 2002 No 11 amdt 1.143 def former UK Act sub 2001 No 56 amdt 2.82; 2002 No 11 amdt 1.143 def found guilty reloc from IA 2001 No 56 amdt 2.16 sub 2002 No 49 amdt 2.48; A2006-23 amdt 1.216 am A2008-20 amdt 4.43 def function reloc from IA 2001 No 56 amdt 2.16 def gambling and racing commission reloc from IA 2001 No 56 amdt 2.16 def gazette reloc from IA 2001 No 56 amdt 2.16 def give reloc from IA 2001 No 56 amdt 2.16 def government printer reloc from IA 2001 No 56 amdt 2.16 def government solicitor reloc from IA 2001 No 56 amdt 2.16 def Governor ins 2001 No 56 amdt 2.82 def Governor-General ins 2001 No 56 amdt 2.82 def GST ins 2002 No 27 s 27 def guardianship tribunal reloc from IA 2001 No 56 amdt 2.16 om A2008-36 amdt 1.410 def health services commissioner ins A2005-41 amdt 1.113 def heritage council ins A2004-57 amdt 1.53 def heritage register ins A2004-57 amdt 1.53 def High Court reloc from IA 2001 No 56 amdt 2.16 def housing commissioner ins A2007-8 amdt 1.13 def human rights commission ins A2005-41 amdt 1.113 def human rights commissioner ins A2005-41 amdt 1.113 def Imperial Act reloc from IA 2001 No 56 amdt 2.16 def independent competition and regulatory commission ins A2004-42 amdt 2.39 def indictable offence ins 2001 No 56 amdt 2.82 sub 2002 No 11 amdt 1.144; A2003-56 amdt 2.65 def indictment reloc from IA 2001 No 56 amdt 2.16 def individual reloc from IA 2001 No 56 amdt 2.16 def infringement notice ins A2004-42 amdt 2.39 def in relation to ins 2002 No 49 amdt 2.49 def insolvent under administration ins A2003-56 amdt 2.66 om A2005-20 amdt 2.124 def institute of technology ins A2007-3 amdt 2.3 def instrument sub 2001 No 56 amdt 2.82 def interest reloc from IA 2001 No 56 amdt 2.16 def internal territory reloc from IA 2001 No 56 amdt 2.16 def intersex person ins A2003-14 s 5 def Jervis Bay Territory reloc from IA 2001 No 56 amdt 2.16 def judge reloc from IA 2001 No 56 amdt 2.16 am 2002 No 11 amdt 1.145 def Lake Burley Griffin reloc from IA 2001 No 56 amdt 2.16 def Lake Ginninderra reloc from IA 2001 No 56 amdt 2.16 def land reloc from IA 2001 No 56 amdt 2.16 def land development agency ins 2002 No 56 amdt 3.45 sub A2005-20 amdt 2.125; A2007-25 amdt 1.97 def law reloc from IA 2001 No 56 amdt 2.16 def lawyer reloc from IA 2001 No 56 amdt 2.16 def legal aid commission ins 2001 No 56 amdt 2.82 def legal practitioner reloc from IA 2001 No 56 amdt 2.16 sub A2006-25 amdt 2.16 def Legislation Act ins 2002 No 49 amdt 2.50 def Legislative Assembly reloc from IA 2001 No 56 amdt 2.16 def legislative instrument ins A2006-42 amdt 2.15 def liability reloc from IA 2001 No 56 amdt 2.16 def magistrate reloc from IA 2001 No 56 amdt 2.16 def Magistrates Court reloc from IA 2001 No 56 amdt 2.16 def make reloc from IA 2001 No 56 amdt 2.16 def making sub 2001 No 56 amdt 2.82 def master reloc from IA 2001 No 56 amdt 2.16 def may ins 2001 No 56 amdt 2.82 def medical practitioner ins 2001 No 56 amdt 2.82 def mental health tribunal reloc from IA 2001 No 56 amdt 2.16 om A2008-36 amdt 1.410 def midnight reloc from IA 2001 No 56 amdt 2.16 def midwife ins A2006-46 amdt 2.28 def Minister ins 2001 No 56 amdt 2.82 def modification reloc from IA 2001 No 56 amdt 2.16 sub A2006-42 amdt 2.16 def month reloc from IA 2001 No 56 amdt 2.16 def must ins 2001 No 56 amdt 2.82 def name reloc from IA 2001 No 56 amdt 2.16 def named month reloc from IA 2001 No 56 amdt 2.16 def national capital authority ins 2002 No 11 amdt 1.146 def national capital plan ins A2004-42 amdt 2.39 def National Gas (ACT) Law ins A2008-15 amdt 2.11 def National Gas (ACT) Regulation ins A2008-15 amdt 2.11 def national land reloc from IA 2001 No 56 amdt 2.16 def night reloc from IA 2001 No 56 amdt 2.16 def Northern Territory reloc from IA 2001 No 56 amdt 2.16 def notifiable instrument sub 2001 No 56 amdt 2.82 def notification sub 2001 No 56 amdt 2.82 am A2004-42 amdt 2.40; A2006-42 amdt 2.18 def notification day sub 2001 No 56 amdt 2.82 def NSW Act reloc from IA 2001 No 56 amdt 2.16 def NSW correctional centre ins A2006-23 amdt 1.217 def number reloc from IA 2001 No 56 amdt 2.16 def nurse reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 6.7 def nurse practitioner ins A2004-10 s 6 sub A2004-39 amdt 6.8 def oath reloc from IA 2001 No 56 amdt 2.16 sub A2005-53 amdt 1.96 def occupational discipline order ins A2008-36 amdt 1.411 def occupy ins 2001 No 56 amdt 2.82 sub A2005-20 amdt 2.126 def office reloc from IA 2001 No 56 amdt 2.16 def office of fair trading reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.127 def OH&S commissioner ins A2003-41 amdt 2.40 om A2009-28 amdt 2.21 def ombudsman reloc from IA 2001 No 56 amdt 2.16 def omit ins 2001 No 56 amdt 2.82 def optometrist ins A2005-9 amdt 1.2 note exp 9 January 2007 (see the Health Professionals Act 2004 s 136 (1) (h)) (s 303 (2)) def ordinance reloc from IA 2001 No 56 amdt 2.16 def parent ins A2004-1 amdt 1.22 def parliamentary counsel sub 2001 No 56 amdt 2.82 def passing sub 2001 No 56 amdt 2.82 def penalty unit ins 2001 No 56 amdt 2.82 def person ins 2001 No 56 amdt 2.82 sub A2009-20 amdt 2.11 def pharmacist reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 8.2 def planning and land authority ins 2002 No 56 amdt 3.47 sub A2005-20 amdt 2.128; A2007-25 amdt 1.98 def planning and land council ins 2002 No 56 amdt 3.46 sub A2005-20 amdt 2.129 om A2006-30 amdt 1.70 def planning authority reloc from IA 2001 No 56 amdt 2.16 om 2002 No 56 amdt 3.47 def police officer reloc from IA 2001 No 56 amdt 2.16 def position reloc from IA 2001 No 56 amdt 2.16 def power reloc from IA 2001 No 56 amdt 2.16 def prescribed reloc from IA 2001 No 56 amdt 2.16 am 2002 No 49 amdt 2.51; A2005-20 amdt 2.130 def present ins A2005-5 s 28 def privacy commissioner reloc from IA 2001 No 56 amdt 2.16 def proceeding reloc from IA 2001 No 56 amdt 2.16 def property reloc from IA 2001 No 56 amdt 2.16 def provision sub 2001 No 56 amdt 2.82 def public advocate ins A2005-47 amdt 1.13 def public employee reloc from IA 2001 No 56 amdt 2.16 def public health officer reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.131 def public money reloc from IA 2001 No 56 amdt 2.16 def public servant reloc from IA 2001 No 56 amdt 2.16 def public service reloc from IA 2001 No 56 amdt 2.16 def public trustee reloc from IA 2001 No 56 amdt 2.16 def quarter ins 2002 No 30 amdt 2.8 def recognised transgender person ins A2003-14 s 5 def registered surveyor reloc from IA 2001 No 56 amdt 2.16 am A2007-33 amdt 1.11 def registrable instrument sub 2001 No 56 amdt 2.82 om A2006-42 amdt 2.17 def registrar reloc from IA 2001 No 56 amdt 2.16 def registrar-general reloc from IA 2001 No 56 amdt 2.16 def registrar of firearms reloc from IA 2001 No 56 amdt 2.16 def registrar of liquor licences reloc from IA 2001 No 56 amdt 2.16 om A2009-20 amdt 2.12 def regulations reloc from IA 2001 No 56 amdt 2.16 om A2005-20 amdt 2.132 def regulation ins A2005-20 amdt 2.132 def remand centre ins 2002 No 30 amdt 2.8 om A2006-23 amdt 1.218 def remand centre administrator ins 2002 No 30 amdt 2.8 om A2006-23 amdt 1.218 def remuneration tribunal reloc from IA 2001 No 56 amdt 2.16 def repeal sub 2001 No 56 amdt 2.82 pars renum 2002 No 11 amdt 1.147 am 2002 No 11 amdt 1.148; A2004-42 amdts 2.41-2.43; pars renum R27 LA (see A2004-42 amdt 2.44); A2005-20 amdt 2.133, amdt 2.134 def residential tenancies tribunal reloc from IA 2001 No 56 amdt 2.16 om A2008-36 amdt 1.412 def resident judge ins A2004-42 amdt 2.45 def retrospectively reloc from dict, pt 2 A2005-20 amdt 2.148 def reviewable decision notice ins A2008-36 amdt 1.413 def road transport authority reloc from IA 2001 No 56 amdt 2.16 def rules reloc from IA 2001 No 56 amdt 2.16 sub 2002 No 11 amdt 1.149 am A2005-20 amdt 2.135 def rural firefighting service reloc from IA 2001 No 56 amdt 2.16 om A2004-28 amdt 3.38 def rural fire service ins A2004-28 amdt 3.38 def see ins 2001 No 56 amdt 2.82 om A2009-20 amdt 2.13 def Self-Government Act reloc from IA 2001 No 56 amdt 2.16 def self-government day reloc from IA 2001 No 56 amdt 2.16 def sentence administration board ins 2002 No 30 amdt 2.8 sub A2006-23 amdt 1.219 def SES ins A2004-28 amdt 3.39 def sign reloc from IA 2001 No 56 amdt 2.16 def signpost definition ins A2009-20 amdt 2.14 def sitting day reloc from IA 2001 No 56 amdt 2.16 sub A2009-20 amdt 2.15 def Small Claims Court reloc from IA 2001 No 56 amdt 2.16 sub A2004-60 amdt 1.178 om A2008-36 amdt 1.414 def solicitor reloc from IA 2001 No 56 amdt 2.16 def Speaker reloc from IA 2001 No 56 amdt 2.16 def Standards Australia reloc from IA 2001 No 56 amdt 2.16 def State reloc from IA 2001 No 56 amdt 2.16 def statutory declaration reloc from IA 2001 No 56 amdt 2.16 def statutory instrument sub 2001 No 56 amdt 2.82 def statutory office-holder ins 2001 No 56 amdt 2.82 sub 2002 No 11 amdt 1.150 def subordinate law sub 2001 No 56 amdt 2.82 def summary offence ins 2001 No 56 amdt 2.82 sub 2002 No 11 amdt 1.151; A2003-56 amdt 2.67 def Supreme Court reloc from IA 2001 No 56 amdt 2.16 def swear reloc from IA 2001 No 56 amdt 2.16 sub A2005-53 amdt 1.97 def take ins A2005-53 amdt 1.98 def tenancy tribunal reloc from IA 2001 No 56 amdt 2.16 om 2002 No 49 amdt 2.52 def territory authority reloc from IA 2001 No 56 amdt 2.16 sub A2003-41 amdt 2.41; A2008-28 amdt 2.1 def territory instrumentality ins 2001 No 56 amdt 2.82 am A2007-3 amdt 2.4 def territory land reloc from IA 2001 No 56 amdt 2.16 def territory law ins A2005-62 amdt 2.18 def territory lease ins A2007-25 amdt 1.99 def territory-owned corporation reloc from IA 2001 No 56 amdt 2.16 def territory plan reloc from IA 2001 No 56 amdt 2.16 am 2002 No 49 amdt 2.53 sub A2007-25 amdt 1.100 def the Territory ins 2001 No 56 amdt 2.82 def transgender person ins A2003-14 s 5 def transitional reloc from IA 2001 No 56 amdt 2.16 sub A2005-20 amdt 2.136 def Treasurer ins 2001 No 56 amdt 2.82 def tribunal sub 2001 No 56 amdt 2.82 def UK Act reloc from IA 2001 No 56 amdt 2.16 def under ins 2001 No 52 amdt 2.82 sub 2002 No 30 amdt 2.9 am A2005-20 amdt 2.137, amdt 2.138 def United Kingdom reloc from IA 2001 No 56 amdt 2.16 def United Kingdom Parliament reloc from IA 2001 No 56 amdt 2.16 def veterinary surgeon reloc from IA 2001 No 56 amdt 2.16 sub A2004-39 amdt 11A.1 (as am by A2005-28 amdt 1.61) def will ins 2001 No 56 amdt 2.82 def word reloc from IA 2001 No 56 amdt 2.16 def working day ins 2002 No 11 amdt 1.152 sub A2003-56 amdt 2.68 def work safety commissioner ins A2009-28 amdt 2.22 def writing reloc from IA 2001 No 56 amdt 2.16 def year reloc from IA 2001 No 56 amdt 2.16 Terms for Legislation Act 2001 onlydict pt 2 hdg sub A2003-56 amdt 2.69dict pt 2 note sub A2003-56 amdt 2.69dict pt 2 def Act ins A2003-41 amdt 2.42 def ACT law ins A2005-20 amdt 2.139 def administrator ins 2001 No 56 amdt 2.82 def agency ins 2001 No 56 amdt 2.82 def amend ins A2005-20 amdt 2.140 def another jurisdiction ins A2005-20 amdt 2.141 def appointee ins 2001 No 56 amdt 2.82 am A2003-56 amdt 2.70 def appointer ins 2001 No 56 amdt 2.82 am A2003-56 amdt 2.71 def approved web site sub 2001 No 56 amdt 2.82 def authorised republication sub 2001 No 56 amdt 2.82 def authorising law sub 2001 No 56 amdt 2.82 def benefits sub 2001 No 56 amdt 2.82 def business address ins 2001 No 56 amdt 2.82 def corporation ins 2001 No 56 amdt 2.82 def costs sub 2001 No 56 amdt 2.82 def current legislative drafting practice sub 2001 No 56 amdt 2.82 def delegate ins 2001 No 56 amdt 2.82 def determinative provision ins 2002 No 11 amdt 1.153 def document ins 2001 No 56 amdt 2.82 def editorial amendment sub 2001 No 56 amdt 2.82 def email address ins 2001 No 56 amdt 2.82 def executive officer ins 2001 No 56 amdt 2.82 def fax number ins 2001 No 56 amdt 2.82 def fee sub 2001 No 56 amdt 2.82 def home address ins 2001 No 56 amdt 2.82 def law sub 2001 No 56 amdt 2.82 am 2002 No 11 amdt 1.154; pars renum 2002 No 11 amdt 1.155; A2003-41 amdt 2.43; pars renum R20 LA (see A2003-41 amdt 2.44); A2005-20 amdt 2.142, amdt 2.143; pars renum R34 LA (see A2005-20 amdt 2.144) def law of another jurisdiction ins A2005-20 amdt 2.145 def legislative material ins A2003-41 amdt 2.45 def non-determinative provision ins 2002 No 11 amdt 1.156 def provide sub 2001 No 56 amdt 2.82 def referential term ins A2003-56 amdt 2.72 reloc to s 116 (2) A2005-20 amdt 2.146 def referential words sub 2001 No 56 amdt 2.82 om A2003-56 amdt 2.72 def register sub 2001 No 56 amdt 2.82 def repeal ins A2005-20 amdt 2.147 def republication sub 2001 No 56 amdt 2.82; A2003-41 amdt 2.46 def republication date sub 2001 No 56 amdt 2.82 def responsible ins 2001 No 56 amdt 2.82 def retrospectively ins A2003-56 amdt 2.73 reloc to dict, pt 1 A2005-20 amdt 2.148 def scrutiny committee principles sub 2001 No 56 amdt 2.82 def service sub 2001 No 56 amdt 2.82 def working out the meaning of an Act ins A2003-41 amdt 2.47 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 and date Effective Last amendment made by Republication for R0A17 Sept 2002 12 Sept 2001-12 Sept 2001 A2001-56 amendments by A2001-44, A2001-56 and retrospective amendments by A2002-30 R113 Sept 2001 13 Sept 2001-13 Sept 2001 SL2001-34 modification by SL2001-34 R1 (RI)17 Sept 2001 13 Sept 2001-13 Sept 2001 SL2001-34 reissue for retrospective amendments by A2002-30 R214 Sept 2001 14 Sept 2001-20 Feb 2002 A2001-70 amendments by A2001-70 R2 (RI) 17 Sept 2002 14 Sept 2001-20 Feb 2002 A2001-70 reissue for retrospective amendments by A2002-30 R3 21 Feb 2002 21 Feb 2002-12 Mar 2002 A2001-88 changed endnotes and editorial changes R3 (RI)17 Sept 2002 21 Feb 2002-12 Mar 2002 A2001-88 reissue for retrospective amendments by A2002-30 R413 Mar 2002 13 Mar 2002-27 May 2002 A2001-88 commenced expiry R4 (RI) 17 Sept 2002 13 Mar 2002-27 May 2002 A2001-88 reissue for retrospective amendments by A2002-30 R5*28 May 2002 28 May 2002-30 June 2002 A2002-11 amendments by A2002-11 R5 (RI)17 Sept 2002 28 May 2002-30 June 2002 A2002-11 reissue for retrospective amendments by A2002-30 R61 July 2002 1 July 2002-12 Sept 2002 A2002-11 amendments by A2001-88 R6 (RI)17 Sept 2002 1 July 2002-12 Sept 2002 A2002-11 reissue for retrospective amendments by A2002-30 R713 Sept 2002 13 Sept 2002-13 Sept 2002 A2002-27 commenced expiry R7 (RI)17 Sept 2002 13 Sept 2002-13 Sept 2002 A2002-27 reissue for retrospective amendments by A2002-30 R814 Sept 2002 14 Sept 2002-16 Sept 2002 A2002-27 commenced expiry R8 (RI)17 Sept 2002 14 Sept 2002-16 Sept 2002 A2002-27 reissue for retrospective amendments by A2002-30 R917 Sept 2002 17 Sept 2002-6 Oct 2002 A2002-30 amendments by A2002-30 R107 Oct 2002 7 Oct 2002-31 Oct 2002 A2002-30 amendments by A2002-27 R111 Nov 2002 1 Nov 2002-31 Dec 2002 A2002-40 amendments by A2002-40 R121 Jan 2003 1 Jan 2003-16 Jan 2003 A2002-56 amendments by A2002-51 R1317 Jan 2003 17 Jan 2003-27 Mar 2003 A2002-56 amendments by A2002-49 R1428 Mar 2003 28 Mar 2003-9 Apr 2003 A2003-14 amendments by A2003-14 R1510 Apr 2003 10 Apr 2003-28 May 2003 A2003-18 amendments by A2003-18 R1629 May 2003 29 May 2003-30 June 2003 A2003-18 commenced expiry R171 July 2003 1 July 2003-2 Sept 2003 A2003-18 amendments by A2002-56 R183 Sept 2003 3 Sept 2003-12 Sept 2003 A2003-18 commenced expiry R1913 Sept 2003 13 Sept 2003-8 Oct 2003 A2003-41 commenced expiry R20*9 Oct 2003 9 Oct 2003-18 Dec 2003 A2003-41 amendments by A2003-16 and A2003-41 R2119 Dec 2003 19 Dec 2003-21 Mar 2004 A2003-56 amendments by A2003-56 R2222 Mar 2004 22 Mar 2004-4 Apr 2004 A2004-10 amendments by A2004-1 R235 Apr 2004 5 Apr 2004-26 May 2004 A2004-10 amendments by A2004-7 R2427 May 2004 27 May 2004-30 June 2004 A2004-17 amendments by A2004-10 R251 July 2004 1 July 2004-12 July 2004 A2004-28 amendments by A2004-5 andA2004-28 R2613 July 2004 13 July 2004-24 Aug 2004 A2004-32 amendments by A2004-32 R2725 Aug 2004 25 Aug 2004-31 Aug 2004 A2004-42 amendments by A2004-42 R281 Sept 2004 1 Sept 2004-12 Sept 2004 A2004-42 amendments by A2004-13 R2913 Sept 2004 13 Sept 2004-22 Dec 2004 A2004-42 commenced expiry R29A23 Dec 2004 23 Dec 2004-31 Dec 2004 A2004-42 commenced expiry R30 (RI)5 Jan 2005 1 Jan 2005-9 Jan 2005 A2004-60 amendments by A2004-17reissue for commenced expiry R3110 Jan 2005 10 Jan 2005-23 Feb 2005 A2004-60 amendments by A2004-60 R3224 Feb 2005 24 Feb 2005-8 Mar 2005 A2005-5 amendments by A2005-5 R339 Mar 2005 9 Mar 2005-1 June 2005 A2005-5 amendments by A2004-57 R34*2 June 2005 2 June 2005-6 July 2005 A2005-20 amendments by A2005-20 R357 July 2005 7 July 2005-7 Sept 2005 A2005-20 amendments by A2004-39 as am by A2005-28 R368 Sept 2005 8 Sept 2005-13 Sept 2005 A2005-47 amendments by A2005-44 R3714 Sept 2005 13 Sept 2005-22 Nov 2005 A2005-47 amendments by A2005-9 R3823 Nov 2005 23 Nov 2005-10 Jan 2006 A2005-53 amendments by A2005-53 R3911 Jan 2006 11 Jan 2006-16 Jan 2006 A2005-62 amendments by A2005-62 R4017 Jan 2006 17 Jan 2006-22 Feb 2006 A2005-62 amendments by A2004-39 R4123 Feb 2006 23 Feb 2006-28 Feb 2006 A2006-3 updated endnotes as amended by A2006-3 R421 Mar 2006 1 Mar 2006-1 June 2006 A2006-3 amendments by A2005-47 as amended by A2006-3 R432 June 2006 2 June 2006-15 June 2006 A2006-23 amendments by A2006-23 R4416 June 2006 16 June 2006-30 June 2006 A2006-23 updated endnotes as amended by A2006-27 R451 July 2006 1 July 2006-31 Oct 2006 A2006-30 amendments by A2006-25 and A2006-30 R461 Nov 2006 1 Nov 2006-15 Nov 2006 A2006-42 amendments by A2005-41 and A2005-46 as amended by A2006-3 R4716 Nov 2006 16 Nov 2006-17 Nov 2006 A2006-42 amendments by A2006-42 R4818 Nov 2006 18 Nov 2006-8 Jan 2007 A2006-46 amendments by A2006-46 R499 Jan 2007 9 Jan 2007-9 Jan 2007 A2006-46 amendments by A2004-39 R5010 Jan 2007 10 Jan 2007-11 Jan 2007 A2006-46 commenced expiry R51*12 Jan 2007 12 Jan 2007-27 Mar 2007 A2006-46 commenced expiry R5228 Mar 2007 28 Mar 2007-11 Apr 2007 A2007-3 amendments by A2006-38 R5312 Apr 2007 12 Apr 2007-10 July 2007 A2007-3 amendments by A2007-3 R5411 July 2007 11 July 2007-9 Nov 2007 A2007-16 amendments by A2007-16 R5510 Nov 2007 10 Nov 2007-13 Nov 2007 A2007-33 amendments by A2007-8 R5614 Nov 2007 14 Nov 2007-30 Mar 2008 A2007-33 amendments by A2007-33 R5731 Mar 2008 31 Mar 2008-18 May 2008 A2007-33 amendments by A2007-25 R5819 May 2008 19 May 2008-30 June 2008 A2008-14 amendments by A2008-14 R591 July 2008 1 July 2008-25 Aug 2008 A2008-15 amendments by A2008-15 R6026 Aug 2008 26 Aug 2008-8 Sept 2008 A2008-28 amendments by A2008-28 R619 Sept 2008 9 Sept 2008-1 Feb 2009 A2008-44 amendments by A2008-20 R622 Feb 2009 2 Feb 2009-26 Feb 2009 A2008-44 amendments by A2008-36 and A2008-37 R6327 Feb 2009 27 Feb 2009-29 May 2009 A2008-44 amendments by A2008-20 R6430 May 2009 30 May 2009-21 Sept 2009 A2008-44 amendments by A2008-44 R6522 Sept 2009 22 Sept 2009-30 Sept 2009 A2009-28 amendments by A2009-20 R661 Oct 2009 1 Oct 2009-20 Oct 2009 A2009-28 amendments by A2009-28 (c) Australian Capital Territory 2009 LEGISLATION ACT 2001 - NOTES Australian Capital Territory A2001-14 Republication No 67 Effective: 21 October 2009 Republication date: 21 October 2009 Last amendment made by A2009-35Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Legislation Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 October 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 21 October 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): o authorised republications to which the Legislation Act 2001 applies o 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 includes 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 At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Legislation Act 2001 Endnotes Australian Capital Territory Legislation Act 2001