Australian Capital Territory Consolidated Acts

LAW OFFICER ACT 1992 - NOTES

(see s 2)

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

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

              •     Attorney-General

              •     document

              •     Executive

              •     exercise

              •     function

              •     instrument (see s 14)

              •     Supreme Court

              •     the Territory.

"Attorney-General" includes, if no Minister is designated Attorney-General by the Chief Minister, the Minister for the time being administering this Act.

"model litigant guidelines" means the guidelines issued under section 5AA (1) (Model litigant guidelines).

"Territory legal work" means legal work associated with litigation conducted by a person for any of the following:

        (a)     the Territory;

        (b)     a body established by a law of the Territory;

        (c)     a company in which the Territory has a controlling interest.

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

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

Law Officer Act 1992 No 54

notified 25 September 1992 (Gaz 1992 No S162)

commenced 25 September 1992

as amended by

Legislation (Consequential Amendments) Act 2001 No 44 pt 214

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 214 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 10

notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 10 commenced 31 March 2003 (s 2 (2))

Court Procedures (Consequential Amendments) Act 2004 A2004-60 amdt 1.131

notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

amdt 1.131 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.56

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.56 commenced 12 April 2007 (s 2 (1))

Law Officer Amendment Act 2009 A2009-21

notified LR 2 September 2009

s 1, s 2 commenced 2 September 2009 (LA s 75 (1))

remainder commenced 3 September 2009 (s 2)

4     Amendment history

Dictionary
s 2     sub A2007-3 amdt 3.313

Notes
s 2A     ins A2007-3 amdt 3.313

Functions of Attorney-General
s 4 hdg     sub A2003-2 s 52
s 4     am A2003-2 s 53, s 54; A2009-21 s 4

Additional functions of Attorney-General
s 5     sub A2003-2 s 55

Effect of Attorney-General's functions on certain litigation
s 5A     ins A2003-2 s 55

Model litigant guidelines
s 5AA     ins A2009-21 s 5

Protection from liability
s 5AB     ins A2009-21 s 5

Reporting on model litigant guidelines
s 5AC     ins A2009-21 s 5

Judicial notice of Attorney-General's appointment etc
s 5B     reloc from Crown Proceedings Act 1992 s 18 by A2004-60 amdt 1.131

Regulation-making power
s 6     sub 2001 No 44 amdt 1.2608

Amendment of Legal Practitioners Act 1970
s 7     om 2001 No 44 amdt 1.2608

Regulations
s 8     om 2001 No 44 amdt 1.2608

Dictionary
dict     ins A2007-3 amdt 3.314
    def Attorney-General ins A2007-3 amdt 3.314
    def model litigant guidelines ins A2009-21 s 6
    def Territory legal work ins A2009-21 s 6

5     Earlier republications

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

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

Republication No	Amendments to	Republication date
1	A2001-44	13 June 2002
2	A2003-2	31 March 2003
3	A2004-60	10 January 2005
4	A2007-3	12 April 2007

© Australian Capital Territory 2009

Australian Capital Territory

A1992-54

Republication No 5

Effective: 3 September 2009

Republication date: 3 September 2009

Last amendment made by A2009-21






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Law Officer Act 1992

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 September 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 3 September 2009

.

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

Kinds of republications

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

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

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

Editorial changes

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

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

Uncommenced provisions and amendments

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

Modifications

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

Penalties

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

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

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

Australian Capital Territory

Law Officer Act 1992

Endnotes

Australian Capital Territory

Law Officer Act 1992