PUBLIC PLACE NAMES ACT 1989 - TABLE OF PROVISIONS 1. Name of Act 1A. Dictionary 1B. Notes 2. Meaning of public place 3. Minister to determine names 4. Regard given to certain names 5. Regulation-making power DICTIONARY ENDNOTES PUBLIC PLACE NAMES ACT 1989 - SECT 1 Name of Act This Act is the Public Place Names Act 1989. PUBLIC PLACE NAMES ACT 1989 - SECT 1A Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'public place--see section 2.' means that the term 'public place' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). PUBLIC PLACE NAMES ACT 1989 - SECT 1B Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes. PUBLIC PLACE NAMES ACT 1989 - SECT 2 Meaning of public place In this Act: "public place "includes an avenue, road, street or place that the public are entitled to use, and any unleased land. PUBLIC PLACE NAMES ACT 1989 - SECT 3 Minister to determine names (1) The Minister may, in writing, determine the name of-- (a) a division of Territory land; or (b) a public place that is Territory land. (2) If the Minister is making a determination about the naming of a division, or the naming of a public place after a person mentioned in section 4 (2) (a) or (b), the Minister must consider-- (a) the number of women and men after whom divisions or public places have been named in the last 10 years; and (b) whether the names of women are well-represented. (3) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. PUBLIC PLACE NAMES ACT 1989 - SECT 4 Regard given to certain names (1) When making a determination in respect of the naming of a division, the Minister shall have regard to the names of persons who have made notable contributions to the existence of Australia as a nation. (2) When making a determination in respect of the naming of a public place, the Minister shall have regard to-- (a) the names of persons famous in Australian exploration, navigation, pioneering, colonisation, administration, politics, education, science or letters; (b) the names of persons who have made notable contributions to the existence of Australia as a nation; (c) the names of Australian flora; (d) the names of things characteristic of Australia or Australians; and (e) Aboriginal or Torres Strait Islander vocabulary. (3) Before having regard to Aboriginal or Torres Strait Islander vocabulary under subsection (2) (e), the Minister must consult with each entity prescribed under the regulations as an entity that represents the interests of Aboriginals and Torres Strait Islanders. PUBLIC PLACE NAMES ACT 1989 - SECT 5 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. PUBLIC PLACE NAMES ACT 1989 - NOTES Dictionary Dictionary (see s 1A) 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: o Executive o Minister (see s 162) o territory land. "public place"--see section 2. PUBLIC PLACE NAMES ACT 1989 - 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 This Act was originally a Commonwealth ordinance--the Public Place Names Ordinance 1989 A1989-31 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). Public Place Names Act 1989 No 31 notified 10 May 1989 s 1, s 2 commenced 10 May 1989 (s 2 (1)) remainder (ss 3-7) commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 314 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 314 commenced 12 September 2001 (s 2 and Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.5 notified 5 September 2001 (Gaz 2001 No S65) s 1, s 2 commenced 5 September 2001 (IA s 10B) amdts 1.42, 1.43, 1.46 commenced 12 September 2001 (s 2 (2)) pt 1.5 remainder commenced 5 September 2001 (s 2 (1)) Public Place Names Amendment Act 2002 No 54 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) remainder commenced 21 December 2002 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.79 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.79 commenced 12 April 2007 (s 2 (1)) 4 Amendment history Name of Acts 1 sub 2001 No 56 amdt 1.41 Dictionarys 1A ins A2007-3 amdt 3.417 Notess 1B ins A2007-3 amdt 3.417 Meaning of public places 2 om 2001 No 44 amdt 1.3459 ins 2001 No 56 amdt 1.42 Minister to determine namess 3 orig s 3 om 2001 No 56 amdt 1.42 pres s 3 (prev s 4) am 2001 No 44 amdt 1.3460, amdt 1.3461 renum 2001 No 56 amdt 1.43 am 2002 No 54 s 4, s 5 Regard given to certain namess 4 orig s 4 am 2001 No 44 amdt 1.3460, amdt 1.3461 renum as s 3 2001 No 56 amdt 1.43 pres s 4 (prev s 6) am 2001 No 56 amdt 1.44, amdt 1.45 renum 2001 No 56 amdt 1.46 Regulation-making powers 5 orig s 5 om 2001 No 44 amdt 1.3462 ins 2001 No 56 amdt 1.47 Regard given to certain namess 6 renum as s 4 2001 No 56 amdt 1.46 Savingss 7 om 2001 No 56 amdt 1.47 Dictionarydict ins A2007-3 amdt 3.418 def public place ins A2007-3 amdt 3.418 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 31 July 1991 2 A2001-56 13 December 2001 3 A2002-54 21 December 2002 (c) Australian Capital Territory 2007 PUBLIC PLACE NAMES ACT 1989 - NOTES Australian Capital Territory A1989-31 Republication No 4 Effective: 12 April 2007 Republication date: 12 April 2007 Last amendment made by A2007-3Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Public Place Names Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007. 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 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 Public Place Names Act 1989 Endnotes Australian Capital Territory Public Place Names Act 1989 Act to provide for the naming of divisions and public places