Australian Capital Territory Consolidated Acts

TERRITORY RECORDS ACT 2002 - NOTES

"approved records management program" means a records management program approved under section 16 (Approved records management programs).

"approved code" means a code approved under section 18 (Approved standards and codes for records management).

"approved standard" means a standard approved under section 18 (Approved standards and codes for records management).

"arrangement" includes a contract.

"control", of a record—see section 11.

"council" means the Territory Records Advisory Council.

"director" means the Director of Territory Records.

"disposal", of a record, includes the deletion or destruction of the record from a record keeping system.

"entitled to control", of a record—see section 11.

"FOI Act" means the Freedom of Information Act 1989.

"member" means a member of the council.

"normal administrative practices"—see section 24 (Normal administrative practice).

"prescribed authority"—see the Freedom of Information Act 1989, dictionary.

"principal officer"—see section 8.

"record"—see section 9.

"records management"—see section 10.

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

Territory Records Act 2002 A2002-18

notified LR 13 June 2002

s 1, s 2 commenced 13 June 2002 (LA s 75 (1))

pt 3 commenced 1 July 2008 (s 2 (1))

remainder commenced 2 July 2003 (s 2 (3))

as amended by

Criminal Code 2002 A2002-51 sch 1 pt 1.23

notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 1 pt 1.23 commenced 2 July 2003 (s 2 (2) and see A2002-18, s 2 (3))

Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.33

notified LR 19 March 2004

s 1, s 2 commenced 19 March 2004 (LA s 75 (1))

sch 1 pt 1.33 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

Human Rights Commission Legislation Amendment Act 2005
A2005-41 sch 1 pt 1.13 (as am by A2006-3 amdt 1.3)

notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
sch 1 pt 1.13 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)

Human Rights Commission Legislation Amendment Act 2006
A2006-3 amdt 1.3

notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.3 commenced 23 February 2006 (s 2)

Note     This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.96

notified LR 22 March 2007

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

sch 3 pt 3.96 commenced 12 April 2007 (s 2 (1))

Territory Records Amendment Act 2007 A2007-9

notified LR 10 May 2007

s 1, s 2 commenced 10 May 2007 (LA s 75 (1))

remainder commenced 11 May 2007 (s 2)

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.56

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.56 commenced 26 August 2008 (s 2)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.49

notified LR 4 September 2008

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

sch 1 pt 1.49 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

4     Amendment history

Commencement—pt 3
s 2     sub A2007-9 s 4
    om LA s 89 (4)

Dictionary
s 4     am A2007-3 amdt 3.483

Offences against Act—application of Criminal Code etc
s 5A     ins A2002-51 amdt 1.47

Application of Act
s 6     am A2005-41 amdt 1.126

Meaning of agency
s 7     am A2008-36 amdt 1.630; pars renum R8 LA

Meaning of principal officer
s 8     am A2008-36 amdt 1.631; pars renum R8 LA

Functions
s 33     am A2004-9 amdt 1.45

Ending of appointment of director
s 36     am A2008-28 amdt 3.167

Functions of council
s 42     am A2007-3 amdt 3.484

Secrecy
s 52     am A2002-51 amdt 1.48; ss renum R1 LA (see A2002-51 amdt 1.49)

Review of Act
s 58     sub A2007-9 s 5
    exp 31 December 2010 (s 58 (3))

Dictionary
dict     am A2007-3 amdt 3.485; A2008-36 amdt 1.632
    def prescribed authority sub A2007-3 amdt 3.486

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
R1 2 July 2003	2 July 2003– 12 Apr 2004	A2002-51	new Act and amendments by A2002-51
R2 13 Apr 2004	13 Apr 2004– 31 Oct 2006	A2004-9	amendments by A2004-9
R3 1 Nov 2006	1 Nov 2006– 11 Apr 2007	A2006-3	amendments by A2005-41 as amended by A2006-3
R4 12 Apr 2007	12 Apr 2007– 10 May 2007	A2007-3	amendments by A2007-3
R5 11 May 2007	11 May 2007– 30 June 2008	A2007-9	amendments by A2007-9
R6 1 July 2008	1 July 2008– 25 Aug 2008	A2007-9	commenced provisions
R7 26 Aug 2008	26 Aug 2008– 1 Feb 2009	A2008-28	amendments by A2008-28

© Australian Capital Territory 2009

Australian Capital Territory

A2002-18

Republication No 8

Effective: 2 February 2009

Republication date: 2 February 2009

Last amendment made by A2008-36






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Territory Records Act 2002

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

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

              • 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 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

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

Territory Records Act 2002

Endnotes

Australian Capital Territory

Territory Records Act 2002