(a) After "Ordinance" (first occurring) insert "or
enactment".
(b) After "Ordinance" (second occurring) insert "or enactment, as
the case may be".
"enactment" has the same
meaning as in section 3 of the Australian Capital Territory
(Self-Government) Act 1988 .
After section 7
Insert the following
section:
7AA Appointments between 1 July 1990 and 30 June 1992
- (1)
- This section applies to an appointment made under section 7 on or
after 1 July 1990 at a time when this Act has not become an enactment
within the meaning of the Australian Capital Territory (Self-Government) Act
1988 .
- (2)
- Such an appointment shall not be made unless, before tendering
advice to the Governor-General, the Attorney-General has consulted with the
Australian Capital Territory Executive.
- (3)
- This section ceases to have
effect on 1 July 1992.
Paragraph 11(a)
After "Ordinance" insert or
"enactment".
Paragraph 11(b)
Omit "or by Ordinance", substitute ", by
Ordinance or by enactment".
Paragraph 11(c)
After "Ordinance" insert "or
enactment".
Paragraph 12(1)(d)
After "Ordinance" insert "or enactment".
Subsection 15(2)
After "Ordinance" insert ", to any enactment".
Paragraph
20(1)(b)
After "Ordinance" insert ", any enactment".
Section 27
After
"Ordinance" insert ", an enactment".
Paragraph 28(1)(d)
After "Ordinance"
insert "or enactment".
Subsection 31(1)
Omit "or Ordinance", substitute ",
Ordinance or enactment".
Subsection 34(3)
After "Ordinance" insert ", an
enactment".
Subsection 35(1)
After "Ordinance" insert ", by enactment".
Subsection 37A(1)
After "Ordinance" insert ", enactment".
Section 38
Omit "or by an Ordinance", substitute "by an Ordinance or by an enactment".
Australian Federal Police Act 1979
Paragraph 8(1)(a) Before "the provision
"insert "subject to subsection (1A),".
After subsection 8(1)
Insert the
following subsections:
- (1A)
- The Minister and the Australian Capital
Territory may enter into arrangements for the provision of the police services
in relation to the Australian Capital Territory that are in respect of
Territory functions as defined by section 3 of the A.C.T. Self-Government
(Consequential Provisions) Act 1988 , and, where the arrangements have been
entered into, the provision of those services shall be in accordance with the
arrangements.
- (1B)
- The Minister shall try to enter into the first such
arrangement before 1 July 1990.
Paragraph 40(1)(e)
(a) After "State,"
insert "the Legislative Assembly for the Australian Capital Territory or".
(b) Omit "or the Australian Capital Territory House of Assembly".
Australian
National University Act 1946
Subsection 27A(3) After "Territory" insert
"(including an enactment as defined in section 3 of the Australian
Capital Territory (Self-Government) Act 1988 );".
Broadcasting Act 1942
Subsection 4(1) (definition of Parliament) After paragraph (b) insert
the following paragraph:
- (ba)
- the Legislative Assembly for the Australian
Capital Territory;
Canberra College of Advanced Education Act 1967
Subsection 21(3) After "Territory" insert "(including an enactment as defined
in section 3 of the Australian Capital Territory (Self-Government) Act
1988 );".
Commonwealth Electoral Act 1918
Subsection 44(1) Omit the
subsection, substitute the following subsection:
- (1)
- If the place of a
Senator for the Australian Capital Territory becomes vacant before the
expiration of his or her term of service, the Legislative Assembly for the
Australian Capital Territory shall choose a person to hold the place until the
expiration of the term, but if the Legislative Assembly is not in session when
the vacancy is notified, the Chief Minister for the Australian Capital
Territory may appoint a person to hold the place until the expiration of 14
days from the beginning of the next session of the Legislative Assembly or the
expiration of the term, whichever first happens
Paragraph 44(5)(a)
Omit
"Governor-General", substitute "Chief Minister for the Australian Capital
Territory".
Subsection 44(6)
Omit the subsection, substitute the following
subsection:
- (6)
- The name of any senator chosen or appointed under
subsection (1) or
- (2)
- shall be certified by the Chief Minister for the
Australian Capital Territory or the Administrator of the Northern Territory,
as the case may be, to the Governor-General.
Subsection 123(1)
(paragraph (d) of the definition of Parliamentary party)
Omit the
paragraph, substitute the following paragraph:
- (d)
- the Legislative Assembly
for the Australian Capital Territory.
Paragraph 164(c)
Omit the paragraph,
substitute the following paragraph:
- (c)
- the Legislative Assembly for the
Australian Capital Territory.
Subsection 353(3)
(a) Omit all words from and
including "members of the Senate" to and including "Governor-General" (first
occurring), substitute "Legislative Assembly for the Australian Capital
Territory".
(b) Omit "Governor-General" (second occurring), substitute "Chief
Minister for the Australian Capital Territory".
Commonwealth Grants Commission Act 1973
After subsection 5(1) Insert the
following subsection:
- (1A)
- References in this Act to the grant of special
assistance to the Australian Capital Territory shall be read as references to
the grant of financial assistance to that Territory for the purpose of making
it possible for that Territory, having regard to the special circumstances
arising from the location in it of the national capital and the seat of
Government of the Commonwealth, by reasonable effort, to function in respect
of matters for which the Australian Capital Territory Executive has
responsibility, at standards not appreciably below the standards of the States
and the Northern Territory.
After section 16A
Insert the following
section:
16AA Inquiries relating to the Australian Capital Territory
The Commission shall inquire into and report to the Minister upon:
- (a)
- any
application made by the Australian Capital Territory to the Commission for a
grant of special assistance to that Territory;
- (b)
- any matters, being matters
relating to a grant of financial assistance made by the Commonwealth to the
Australian Capital Territory, that are referred to the Commission by the
Minister; and
- (c)
- any matters, being matters relating to the making of a
grant of financial assistance by the Commonwealth to the Australian Capital
Territory, that are referred to the Commission by the Minister.
Section 16B
Omit the section.
Subsection 25(2)
After "16A" insert ",
16AA".
Commonwealth Teaching Service Act 1972
Paragraphs 19(3)(b) and (5)(b)
Omit the paragraphs.
Division 9 of Part III
Omit the Division.
Commonwealth Teaching Service Act 1973
Subsection 3(1) Omit the subsection.
Commonwealth Teaching Service Amendment Act 1988
Subsection 4(1) Omit the
subsection.
Coral Sea Islands Act 1969
Subsection 2(1) Insert the following
definitions:
"Act" does not include an enactment. "enactment" has the same
meaning as in the Australian Capital Territory (Self-Government) Act 1988 .
Freedom of Information Act 1982
Subsection 4(1) (definition of Department)
Add at the end "but does not include the branch of the Australian Public
Service comprising the transitional staff as defined by section 3 of the
A.C.T. Self-Government (Consequential Provisions) Act 1988 .".
Subsection
4(1) (definition of enactment)
(a) After "means" insert ", subject to
section 4A".
(b) Add at the end "and includes an enactment as amended by
another enactment.".
Subsection 4(1) (definition of Ordinance)
After
"enactment" insert "(other than a law that is, or provisions that are an ACT
enactment)".
Subsection 4(1) (definition of State)
After "includes" insert
"the Australian Capital Territory and".
Subsection 4(1)
Insert the following
definition:
"ACT enactment" means an enactment as defined by section 3
of the Australian Capital Territory (Self-Government) Act 1988 .
Subparagraph 4(3)(a)(i)
Omit "Australian Capital Territory House of
Assembly", substitute "Legislative Assembly for the Australian Capital
Territory".
After section 4
Insert the following section:
4A Certain
legislation relating to Australian Capital Territory not to be enactment
- (1)
- ACT enactments are not enactments.
- (2)
- The
Australian Capital Territory (Self-Government) Act 1988 and the
Canberra Water Supply (Googong Dam) Act 1974 are not enactments.
- (3)
- Part IV, sections 29 and 30, subsection 63(2), section 66 and
Division 5 of Part X of the Australian Capital Territory Planning
and Land Management Act 1988 are not enactments.
- (4)
- Where the whole of an
Act or Ordinance is not an enactment, an instrument made under it is not an
enactment.
- (5)
- Where part of an Act or Ordinance is not an enactment, an
instrument made under the Act or Ordinance, as the case may be, is not an
enactment unless made for the purposes of the other part of the Act or
Ordinance, as the case may be.
Heard Island and McDonald Islands Act 1953
Section 2 Insert the following definitions:
"Act" does not include an
enactment. "enactment" has the same meaning as in the Australian Capital
Territory (Self-Government) Act 1988 .
Subsection 9(2)
(a) After
"Ordinance" (first occurring) insert "or enactment".
(b) After "Ordinance"
(second occurring) insert "or enactment, as the case may be".
Industrial Relations Act 1988
Subsection 4(1) (definition of public sector
employment) After paragraph (b) insert the following paragraphs:
- (ba)
- under a law of the Australian Capital Territory relating to employment by that
Territory, including a law relating to the Australian Capital Territory
Government Service;
- (bb)
- by or in the service of:
- (i)
- an
enactment authority as defined by section 3 of the A.C.T. Consequential
Provisions Act; or
- (ii)
- a body corporate incorporated under a law of the
Australian Capital Territory and in which the Australian Capital Territory has
a controlling interest;
other than a prescribed authority or body;
Subsection 4(1)
Insert the
following definitions:
A.C.T. Consequential Provisions Act means the A.C.T.
Self-Government (Consequential Provisions) Act 1988 . "Australian Capital
Territory Government Service" means the service established by the Public
Sector Management Act 1994 of the Australian Capital Territory.
Section 6
(a) Omit "and each of the States", substitute ", each of the
States, the Australian Capital Territory".
(b) Omit "or a State", substitute
", a State, the Australian Capital Territory".
Subsection 121(2) (definition
of relevant law)
Omit "
Commonwealth Employees' Rehabilitation and Compensation Act 1988 ", substitute
" Safety, Rehabilitation and Compensation Act 1988 ".
After subsection 149(1)
Insert the following subsection:
- (1A)
- For the purposes of
subsection (1), the Australian Capital Territory Government Service is
taken to be the successor to the business of the Australian Capital Territory
in relation to the transitional staff within the meaning of the A.C.T.
Self-Government (Consequential Provisions) Act 1988 .
Jervis Bay Territory Acceptance Act 1915
After section 2 Insert the
following section:
2A Interpretation
In this Act, unless the contrary intention appears:
"Act "does not include
an enactment. "enactment" has the same meaning as in the Australian Capital
Territory (Self-Government) Act 1988 .
"Ordinance" means an Ordinance made
under this Act.
"Territory" means the Jervis Bay Territory.
Subsections
4(2) and (3)
Omit the subsections.
After section 4
Insert the
following sections:
4A Laws of Australian Capital Territory to be in force
- (1)
- Subject to this Act, the laws (including the principles and rules of
common law and equity) in force from time to time in the Australian Capital
Territory are, so far as they are applicable to the Territory and are not
inconsistent with an Ordinance, in force in the Territory as if the Territory
formed part of the Australian Capital Territory.
- (2)
- Subsection (1)
extends to:
- (a)
- sections 6 and 7 of the Seat of Government Acceptance
Act 1909 ; and
- (b)
- the whole of the
Seat of Government (Administration) Act 1910 except sections 9 and 12 of
that Act;
but does not extend to any other Act or provision of an Act.
4B
Powers and functions under adopted laws
- (1)
- Subject to subsection (2),
where, by a law of the Australian Capital Territory in force in the Territory
because of section 4A, a power or function is vested in a person or
authority (not being a court), that power or function is, in relation to the
Territory, vested in, and may be exercised or performed by, that person or
authority.
- (2)
- The Governor-General may direct that a power or function
vested in a person or authority (not being a court) by a law of the Australian
Capital Territory in force in the Territory because of section 4A shall,
in relation to the Territory, be vested in, and may be exercised or performed
by, such other person or authority as the Governor-General specifies.
4C
Ordinance may amend or repeal adopted laws
A law in force in the Territory because of section 4A may be amended or
repealed by an Ordinance or by a law made under an Ordinance.
4D Supreme
Court of Australian Capital Territory to have jurisdiction in Territory
- (1)
- The Supreme Court of the Australian Capital Territory has jurisdiction in and
in relation to the Territory, and the Australian Capital Territory Supreme
Court Act 1933 and the practice and procedure of that court for the time being
in force apply in the Territory as if the Territory formed part of the
Australian Capital Territory.
- (2)
- For the purposes of subsection (1), a
reference in the Australian Capital Territory Supreme Court Act 1933 to an
Ordinance or enactment is a reference to an Ordinance or enactment, as the
case may be, in force under this Act.
4E Supply of water or electricity to
persons outside the Territory
The Minister may, on such terms and conditions as are agreed upon, supply
water or electricity from the Territory to any person outside the Territory.
4F Ordinances
- (1)
- The Governor-General may make Ordinances for the peace,
order and good government of the Territory.
- (2)
- Notice of the making of an
Ordinance shall be published in the Gazette , and an Ordinance shall, unless
the contrary intention appears in the Ordinance, come into operation on the
date of publication of the notice.
4G Tabling of Ordinances in Parliament
- (1)
- An Ordinance shall be laid before each House of the Parliament within 15
sitting days of that House after the making of the Ordinance, and, if it is
not so laid before each House of the Parliament, ceases to have effect.
- (2)
- If either House of the Parliament, in pursuance of a motion of which notice
has been given within 15 sitting days after an Ordinance has been laid before
that House, passes a resolution disallowing the Ordinance or a part of the
Ordinance, the Ordinance or part so disallowed thereupon ceases to have
effect.
- (3)
- If, at the expiration of 15 sitting days after notice of a motion
to disallow an Ordinance or part of an Ordinance has been given in a House of
the Parliament, being notice given within 15 sitting days after the Ordinance
has been laid before that House:
- (a)
- the notice has not been withdrawn and
the motion has not been called on; or
- (b)
- the motion has been called on,
moved and seconded and has not been withdrawn or otherwise disposed of;
the
Ordinance or part, as the case may be, specified in the motion shall thereupon
be deemed to have been disallowed.
- (4)
- If, before the expiration of 15
sitting days after notice of a motion to disallow an Ordinance or part of an
Ordinance has been given in a House of the Parliament:
- (a)
- the House of
Representatives is dissolved or expires, or the Parliament is prorogued; and
- (b)
- at the time of the dissolution, expiry or prorogation, as the case may be:
- (i)
- the notice has not been withdrawn and the motion has not been called on;
or
- (ii)
- the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the Ordinance shall, for the purposes of
subsections (2) and (3), be deemed to have been laid before that
first-mentioned House on the first sitting day of that first-mentioned House
after the dissolution, expiry or prorogation, as the case may be.
- (5)
- Where
an Ordinance is disallowed, or is deemed to have been disallowed, under this
section or ceases to have effect by virtue of the operation of
subsection (1), the disallowance of the Ordinance or the operation of
subsection (1) in relation to the Ordinance, as the case may be, has the
same effect as a repeal of the Ordinance.
- (6)
- Where:
- (a)
- an Ordinance (in
this subsection called the relevant Ordinance) is disallowed, or is deemed to
have been disallowed, under this section or ceases to have effect by virtue of
the operation of subsection (1); and
- (b)
- the relevant Ordinance
repealed, in whole or in part, another Ordinance or any other law that was in
force immediately before the relevant Ordinance came into operation;
the
disallowance of the relevant Ordinance or the operation of subsection (1)
in relation to the relevant Ordinance, as the case may be, has the effect of
reviving that other Ordinance or law, as the case may be, from and including
the date of the disallowance or the date on which the relevant Ordinance
ceased to have effect by virtue of that operation of subsection (1), as
the case may be, as if the relevant Ordinance had not been made.
- (7)
- A
reference in subsection (5) or (6) to an Ordinance shall be read as
including a reference to a part of an Ordinance and a reference in
subsection (6) to a law has a corresponding meaning.
4H Ordinance not
to be re-made while required to be tabled
- (1)
- Where an Ordinance (in this
section called the original Ordinance ) has been made, no Ordinance containing
a provision being the same in substance as a provision of the original
Ordinance shall be made during the period defined by subsection (2)
unless both Houses of the Parliament by resolution approve the making of an
Ordinance containing a provision the same in substance as that provision of
the original Ordinance.
- (2)
- The period referred to in subsection (1) is
the period starting on the day on which the original Ordinance was made and
ending at the end of 7 days after:
- (a)
- if the original Ordinance has been
laid, in accordance with subsection 4G(1), before both Houses of the
Parliament on the same day—that day;
- (b)
- if the original Ordinance has
been so laid before both Houses on different days—the later of those
days; or
- (c)
- if the original Ordinance has not been so laid before both
Houses—the last day on which subsection 4G(1) could have been complied
with.
- (3)
- If a provision of an Ordinance is made in contravention of this
section, the provision has no effect.
4J Ordinance not to be re-made while
subject to disallowance
- (1)
- Where notice of a motion to disallow an
Ordinance has been given in a House of the Parliament within 15 sitting days
after the Ordinance has been laid before that House, no Ordinance containing a
provision being the same in substance as a provision of the first-mentioned
Ordinance shall be made unless:
- (a)
- the notice has been withdrawn;
- (b)
- the
Ordinance is deemed to have been disallowed under subsection 4G(3);
- (c)
- the
motion has been withdrawn or otherwise disposed of; or
- (d)
- subsection 4G(4)
has applied in relation to the Ordinance.
- (2)
- Where:
- (a)
- because of
subsection 4G(4), an Ordinance is deemed to have been laid before a House of
the Parliament on a particular day; and
- (b)
- notice of a motion to disallow
the Ordinance has been given in that House within 15 sitting days after that
day;
no Ordinance containing a provision being the same in substance as a
provision of the first-mentioned Ordinance shall be made unless:
- (c)
- the
notice has been withdrawn;
- (d)
- the Ordinance is deemed to have been
disallowed under subsection 4G(3);
- (e)
- the motion has been withdrawn or
otherwise disposed of; or
- (f)
- subsection 4G(4) has applied again in relation
to the Ordinance.
- (3)
- If a provision of an Ordinance is made in
contravention of this section, the provision has no effect.
- (4)
- This section
does not limit the operation of section 4H or 4K.
- (5)
- In this section:
"Ordinance" includes a part of an Ordinance.
4K Disallowed Ordinance not to
be re-made unless resolution rescinded or House approves
If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have
been disallowed, under section 4G, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within 6 months after the date of the
disallowance, that provision has no effect, unless:
- (a)
- in the case of an
Ordinance, or a part of an Ordinance, disallowed by resolution—the
resolution has been rescinded by the House of the Parliament by which it was
passed; or
- (b)
- in the case of an Ordinance, or a part of an Ordinance, deemed
to have been disallowed—the House of the Parliament in which notice of
the motion to disallow the Ordinance or part was given has approved, by
resolution, the making of a provision the same in substance as the provision
deemed to have been disallowed.
4L Regulations, rules and by-laws
- (1)
- All
regulations made under an Ordinance shall be laid before each House of the
Parliament within 15 sitting days of that House after the day on which the
regulations are made and, if they are not so laid before each House of the
Parliament, have no effect.
- (2)
- Sections 4G, 4H, 4J and 4K apply in
relation to regulations laid before a House of the Parliament as if, in those
provisions, references to an Ordinance were references to regulations and
references to a provision of an Ordinance were references to a regulation.
- (3)
- In this section:
"regulations" includes rules and by-laws.
Judiciary Act 1903
Subsection 55E(3) Omit "or a law of a Territory other
than the Northern Territory" (wherever occurring), substitute "(other than the
Australian Capital Territory (Self-Government) Act 1988 ) or by a law of a
Territory (other than the Australian Capital Territory or the Northern
Territory)".
Long Service Leave (Commonwealth Employees) Act 1976
Subsection
4(1) (definition of public authority of the Commonwealth) After "Territory"
insert ", other than an ACT enactment".
Subsection 4(1)
Insert the following
definitions:
"ACT enactment" means an enactment as defined by section 3
of the Australian Capital Territory (Self-Government) Act 1988 . "ACT
teaching service" means the service known on 1 November 1988 as the
Commonwealth Teaching Service.
Subsection 4(8)
After "Territory" insert ",
other than an ACT enactment".
Subsection 6(2)
Omit "the Northern Territory
were a State", substitute "the Australian Capital Territory and the Northern
Territory were States".
Subsection 7(4)
Omit "the Northern Territory were a
State", substitute "the Australian Capital Territory and the Northern
Territory were States".
Paragraph 10(6)(d)
After "Territory" (first
occurring) insert ", in the ACT teaching service".
After paragraph 10(6)(e)
Insert the following paragraph:
- (ea)
- who is temporarily transferred to the
service of the Commonwealth from the service of the Australian Capital
Territory or an authority of that Territory, or whose services are temporarily
loaned to the Commonwealth by that Territory or an authority of that
Territory;
Paragraph 11(2)(c)
After "Territory" (first occurring) insert ",
the ACT teaching service".
After paragraph 11(2)(ca)
Insert the following
paragraph:
- (cb)
- any service of an authority of the Australian Capital
Territory, not being employment at a time when the authority was a public
authority of the Commonwealth;
After section 24
Insert the following
section:
24A Commonwealth Teaching Service—transitional
- (1)
- In this
section, unless the contrary intention appears:
"long service leave
"includes long leave, furlough, extended leave and any other leave in the
nature of long service leave (however described). "member of the Service "has
the same meaning as in the Commonwealth Teaching Service Act 1972 as in force
on 1 November 1988.
"prescribed teacher" means:
- (a)
- a member of the
Service who became such a member after 13 September 1973 and before
1 January 1974 and was, immediately before becoming such a member:
- (i)
- employed in the teaching service of New South Wales and engaged in teaching
duties in a Commonwealth school in the Australian Capital Territory; or
- (ii)
- employed in the teaching service of South Australia and engaged in teaching
duties in a Commonwealth school in the Northern Territory; or
- (b)
- a member
of the Service who became such a member after 31 December 1976 and before
1 April 1977 and was, immediately before becoming such a member, employed
in the teaching service of New South Wales and engaged in full-time teaching
duties in the Australian Capital Territory in connection with the provision of
technical and further education, that is to say, education provided by way of
a course of instruction or training:
- (i)
- that is, or that is preparatory
to, a course of a kind relevant to a trade, technical or other skilled
occupation; or
- (ii)
- that otherwise meets the educational needs of persons who
are not enrolled in a full-time course of education at a primary school, a
secondary school or a secondary college.
"relevant date" means:
- (a)
- in
relation to a prescribed teacher referred to in paragraph (a) of the
definition of prescribed teacher —1 January 1974; and
- (b)
- in
relation to a prescribed teacher referred to in paragraph (b) of that
definition—1 April 1977.
"relevant State" means, in relation to a
prescribed teacher, the State in the teaching service of which he or she was
employed immediately before becoming a member of the Service. "Service "means
the Commonwealth Teaching Service established by the Commonwealth Teaching
Service Act 1972 .
- (2)
- Where, at any time, in the application to or in
relation to a prescribed teacher of this Act, the period of long service leave
to which he or she would, but for this section, be entitled, or the amount of
pay in lieu of long service leave that would, but for this section, be payable
to or in relation to him or her, under this Act is less than the period of
leave to which he or she would be entitled, or the amount that would be
payable to or in relation to him or her, as the case may be, if the scale of
accrual of long service leave that would have been applicable in relation to
him or her under the law of the relevant State as in force on the relevant
date if he or she had continued to be employed in the teaching service of the
relevant State were substituted for the scale of accrual of long service leave
applicable to him or her at that time under this Act, the period of long
service leave to which he or she is entitled, or the amount of pay in lieu of
long service leave payable to or in relation to him or her, as the case may
be, shall be determined in accordance with the first-mentioned scale of
accrual.
- (3)
- This section ceases to apply on the commencement of the
amendment of the definition of public authority of the Commonwealth in
subsection 4(1) of this Act by the A.C.T. Self-Government (Consequential
Provisions) Act 1988 .
Maternity Leave (Commonwealth Employees) Act 1973
Paragraph 5(1)(a) Omit "or the Commonwealth Teaching Service Act 1972 ".
Paragraph 5(1)(b)
After "other than" insert an enactment as defined by
section 3 of the Australian Capital Territory (Self-Government) Act 1988
or a law of".
Paragraph 5(2)(b)
After "other than" insert "an enactment as
defined by section 3 of the Australian Capital Territory
(Self-Government) Act 1988 or a law of".
After paragraph 5(3)(a)
Insert the
following paragraph:
- (aa)
- a person who holds an office defined by
section 73 of the Australian Capital Territory (Self-Government) Act 1988
or an office established by or under an enactment as defined by section 3
of that Act;
Paragraph 11(1)(c)
Omit the paragraph.
Merit Protection (Australian Government Employees) Act 1984
Subsection 3(1)
(definition of Commonwealth authority) (a) Omit "(other than the Northern
Territory)" (wherever occurring).
(b) Add at the end:
"but does not
include:
- (a)
- an enactment authority as defined by section 3 of the
A.C.T. Self-Government (Consequential Provisions) Act 1988 , incorporated or
established for a public purpose; or
- (b)
- a body corporate incorporated, or an
authority or body (not being a body corporate), incorporated or established
for a public purpose by or in accordance with a law of the Northern Territory,
being a body or authority employing staff otherwise than under the Public
Service Act 1922 ;".
Section 6
(a) Omit from paragraph (e) and
(last occurring).
(b) Add at the end the following paragraphs and subsection:
- (g)
- to provide to Secretaries of Departments services in connection with the
establishment, constitution and operation of Joint Selection Committees under
section 50DA or 50DB of the Public Service Act 1922 ; and
- (h)
- with the
consent of the Minister, to enter into an arrangement with the Australian
Capital Territory or an authority of the Territory under which the Agency will
perform, for the Territory or the authority, as the case may be, functions
conferred by an enactment and similar, or substantially similar, to functions
performed by the Agency under this Act.
- (2)
- An arrangement referred to in
paragraph (1)(h) may include provisions for payment by the other party to
the arrangement for the performance of functions by the Agency in accordance
with the arrangement.
Paragraph 59(4)(b)
After "State" (wherever occurring)
insert ", of the Australian Capital Territory".
Subparagraph 85(2)(k)(ii)
Omit the subparagraph.
Occupational Health and Safety (Commonwealth Employment) Act 1991
Subsection
5(1) (definition of Commonwealth authority) Omit from paragraph (a)
"other than", substitute "other than the Australian Capital Territory,".
Subparagraph 9(2)(c)(ii)
Omit "other than", substitute "other than the
Australian Capital Territory,".
Ombudsman Act 1976
Subsection 3(1)
(definition of Department) Add at the end "but does not include the branch of
the Australian Public Service comprising the transitional staff, as defined by
section 3 of the A.C.T. Self-Government (Consequential Provisions) Act
1988 ;".
Subsection 3(1) (definition of Deputy Ombudsman for the Australian
Capital Territory)
Omit the definition.
Subsection 3(1) (definition of
enactment)
After "means" insert ", subject to section 3AA".
Subsection
3(1) (definition of Ordinance)
After "enactment" insert "(other than a law
that is, or provisions that are, an ACT enactment)".
Subsection 3(1)
Insert
the following definition:
"ACT enactment" means an enactment as defined by
section 3 of the Australian Capital Territory (Self-Government) Act 1988
.
Paragraph 3(7B)(a)
(a) After "including" insert "a reference to the
Australian Capital Territory and".
(b) Omit "and".
Paragraph 3(7B)(b)
After
"including" insert "a reference to an ACT enactment and".
Subsection 3(7B)
Add at the end the following word and paragraph:
"; and (c) a reference to a Department or authority of a State, in relation to
the Ombudsman of a State, shall be read as including a reference to:
- (i)
- the Australian Capital Territory; or
- (ii)
- a Territory authority as defined by
section 3 of the Australian Capital Territory (Self-Government) Act 1988
;
as the case requires.".
After section 3
Insert the following section:
3AA Certain legislation relating to Australian Capital Territory not to be
enactment
- (1)
- ACT enactments are not enactments.
- (2)
- The
Australian Capital Territory (Self-Government) Act 1988 and the
Canberra Water Supply (Googong Dam) Act 1974 are not enactments.
- (3)
- Part IV, sections 29 and 30, subsection 63(2), section 66 and
Division 5 of Part X of the Australian Capital Territory Planning
and Land Management Act 1988 are not enactments.
- (4)
- Where the whole of an
Act or Ordinance is not an enactment, an instrument made under it is not an
enactment.
- (5)
- Where part of an Act or Ordinance is not an enactment, an
instrument made under the Act or Ordinance, as the case may be, is not an
enactment unless made for the purposes of the other part of the Act or
Ordinance, as the case may be.
Section 9
Add at the end the following
subsection:
- (7)
- In this section:
"State" includes the Australian Capital
Territory and the Northern Territory.
Paragraph 9(3)(b)
(a) Omit "or of the
Northern Territory" (first occurring).
(b) Omit "or of the Northern
Territory, as the case may be".
Paragraph 19(1)(a)
(a) Omit ", including
operations referred to in paragraph (b)".
(b) Omit "and".
Paragraph
19(1)(b)
Omit the paragraph.
Subsections 19(3), (3A) and (3B)
Omit the
subsections.
Subsection 19(6) and (7B)
Omit "or (b)".
Subsection 19(8)
Omit ", (2) or (3)", substitute "or (2)".
Subsection 19(9)
Omit the
subsection.
Paragraph 23(1)(a)
Omit the paragraph.
Subsections 23(2) and
(4)
Omit the subsections.
Public Service Act 1922
Subsection 7(1)
(paragraph (a) of the definition of Commonwealth authority) Insert "an
enactment within the meaning of the Australian Capital
Territory (Self-Government) Act 1988 or a law of" after "other than".
Subparagraph 47C(1)(a)(i)
After "State," insert "of the Legislative Assembly
for the Australian Capital Territory,".
Subparagraph 82B(1)(a)(i)
After
"State," insert "of the Legislative Assembly for the Australian Capital
Territory,".
After paragraph 87(3)(a)
Insert the following paragraph:
- (aa)
- employment as the holder of an office or appointment in the service of the
Australian Capital Territory, being an office or appointment prescribed for
the purposes of this paragraph;
Remuneration Tribunal Act 1973
Subsection
3(1) Insert the following definition:
"ACT office" means:
- (a)
- an office
or appointment specified in any of paragraphs (fc) to (fh) of subsection
3(4), as modified by regulations in force under the A.C.T. Self-Government
(Consequential Provisions) Act 1988 ; or
- (b)
- an office or appointment
specified in subsection 73(1) of the
Australian Capital Territory (Self-Government) Act 1988 .
Subsection 3(3)
Omit the subsection, substitute:
- (3)
- A reference in this Part to an office
includes a reference to an office that, within the meaning of the
Australian Capital Territory (Self-Government) Act 1988 , is an office of
member of the Assembly or Minister and any office in or in connection with
that Assembly that can be held only by a member of that Assembly.
Subsection
7(6)
Omit the subsection, substitute:
- (6)
- The Tribunal must give the
Minister a copy of every determination made by the Tribunal, other than a
determination that relates to an ACT office.
- (6A)
- The Tribunal must give the
Chief Minister of the Australian Capital Territory a copy of every
determination made by the Tribunal in relation to an ACT office.
Subsection
7(7)
After "determination" (first occurring), insert ", other than a
determination that relates to an ACT office,".
After subsection 7(8)
Insert:
- (8A)
- If the Legislative Assembly of the Australian Capital Territory, within
30 sitting days of the Assembly after a copy of a determination that relates
to an ACT office is given to the Chief Minister, passes a resolution
disapproving of the determination, then:
- (a)
- if the determination has not
come into operation—the determination does not come into operation; or
- (b)
- if the determination has come into operation—the determination does
not have any force or effect after the day on which the resolution is passed.
Safety, Rehabilitation and Compensation Act 1988
Subsection 4(1)
(paragraph (b) of the definition of Commonwealth authority) After "other
than" insert "an ACT enactment or a law of".
Subsection 4(1)
(subparagraph (c)(ii) of the definition of Commonwealth authority)
After
"other than" insert "the Australian Capital Territory or".
Subsection 4(1)
(definition of Commonwealth authority)
Add at the end the following word and
paragraph:
"or (e) if a declaration is in force under section 4A, the Australian
Capital Territory;".
Subsection 4(1)
Insert the following definitions:
"ACT enactment" means an enactment as defined by section 3 of the ACT
Self-Government Act. "ACT Self-Government Act" means the Australian Capital
Territory (Self-Government) Act 1988 .
Section 4
Add at the end the
following subsection:
- (14)
- In spite of the definition of principal officer
in subsection (1), if the Australian Capital Territory is a Commonwealth
authority for the purposes of this Act, the following rules have effect:
- (a)
- if there is in force a written declaration by the Minister, made at the
written request of the Chief Minister for the Territory, that a specified
person is to be taken to be the principal officer of the Territory, this Act
has effect accordingly;
- (b)
- if there is no such declaration in force, the
Chief Minister of the Territory is to be taken to be the principal officer of
the Territory.
After section 4
Insert the following section:
4A
Declaration that ACT a Commonwealth authority
- (1)
- If the Chief Minister for
the Australian Capital Territory so requests in writing, the Minister may, in
writing, declare the Australian Capital Territory to be a Commonwealth
authority for the purposes of this Act.
- (2)
- The Minister may revoke a
declaration under subsection (1).
- (3)
- The Minister may only revoke a
declaration if either:
- (a)
- the Minister has given the Chief Minister at
least 12 months' notice in writing of his or her intention to revoke the
declaration; or
- (b)
- the Chief Minister has given the Minister a written
request that the declaration be revoked and:
- (i)
- a period of at least 12
months; or
- (ii)
- such shorter period as is agreed on by the Minister and the
Chief Minister;
has elapsed since the request was given to the Minister.
Subsection 5(1)
Insert the following definition:
"Chief Minister" means the Chief Minister
for the Australian Capital Territory.
Subparagraph 5(2)(c)(ii)
After "other
than" insert "an ACT enactment or a law of".
Section 5
Add at the end
the following subsections:
- (11)
- For the purposes of this Act, the following
are taken to be employed by the Australian Capital Territory:
- (a)
- a person
who is an officer or employee of an authority or body established by an ACT
enactment, other than an authority or body in respect of which a declaration
is in force under subsection (12);
- (b)
- a person who is an officer or
employee of a body corporate incorporated under a law of the Commonwealth or a
law in force in a State or Territory, being a body:
- (i)
- in which the
Australian Capital Territory or an authority or body established by an ACT
enactment has a controlling interest; and
- (ii)
- in respect of which a
declaration under subsection (13) is in force;
- (c)
- a person who is an
officer or employee of a body corporate incorporated under a law of the
Commonwealth or a law in force in a State or Territory, being a body:
- (i)
- in which a body corporate referred to in paragraph (b) has a controlling
interest; and
- (ii)
- in respect of which a declaration under
subsection (13) is in force;
- (d)
- a person who is employed under the
Legislative Assembly (Members' Staff) Act 1989 of the Australian Capital
Territory;
- (e)
- the Commissioner, Deputy Commissioner and members of the
Australian Capital Territory Fire Brigade under the Fire Brigade
(Administration) Act 1974 of the Australian Capital Territory;
- (f)
- a person
who holds, or is acting in, an office established by an ACT enactment, other
than an office in respect of which a declaration is in force under
subsection (12).
- (12)
- If the Chief Minister so requests in writing,
the Minister may make a written declaration that:
- (a)
- an authority or body
is not an authority or body to which subsection (11) applies; or
- (b)
- an
office is not an office to which subsection (11) applies.
- (13)
- If the
Chief Minister so requests in writing, the Minister may make a written
declaration that a body corporate is a body to which subsection (11)
applies.
- (14)
- Subsection (11) does not apply to the following offices
established by the Australian Capital Territory (Self-Government) Act 1988 :
- (a)
- Chief Minister for the Australian Capital Territory;
- (b)
- Deputy Chief
Minister for the Australian Capital Territory;
- (c)
- Minister;
- (d)
- Presiding
Officer of the Legislative Assembly for the Australian Capital Territory;
- (e)
- deputy to the Presiding Officer of the Legislative Assembly for the Australian
Capital Territory;
- (f)
- member of the Legislative Assembly for the Australian
Capital Territory.
- (15)
- If the Chief Minister so requests in writing, the
Minister may make a written declaration that persons specified in the
declaration, when engaging in activities:
- (a)
- at the request or direction,
or for the benefit, of the Australian Capital Territory; or
- (b)
- in accordance
with a requirement made by or under an ACT enactment; or
- (c)
- at the request
or direction, or for the benefit, of an authority or body established by an
ACT enactment;
are to be taken to be employees of the Australian Capital
Territory.
Seat of Government (Administration) Act 1910
After section 2
Insert the following section in Part I:
2A Interpretation
In this Act, unless the contrary intention appears:
"enactment" has the
same meaning in the Australian Capital Territory (Self-Government) Act 1988 .
Section 4
After "such law" insert "(other than such law that is an
enactment)".
Subsection 5(3)
(a) After "this Act" insert "or by an
enactment".
(b) After "made" insert "or passed".
Subsection 5(4)
After
"this Act" insert "or an enactment".
Subsection 12(1)
Omit the subsection,
substitute the following subsections:
- (1)
- Subject to subsection, (1B) the
Governor-General may make Ordinances for the peace, order and good government
of the Territory with respect to:
- (a)
- the establishment, jurisdiction,
practice and procedure of courts;
- (b)
- the classification of materials for the
purposes of censorship;
- (c)
- evidence;
- (d)
- National Land as defined by the
Australian Capital Territory (Planning and Land Management) Act 1988 ;
- (e)
- companies;
- (f)
- close corporations;
- (g)
- foreign companies;
- (h)
- the
acquisition of shares in bodies corporate;
- (j)
- the regulation of the
securities industry and the futures industry; and
- (k)
- the subject matter of
laws specified in Schedule 3 to the
Australian Capital Territory (Self-Government) Act 1988 .
- (1A)
- An Ordinance
made under paragraph (1)(d) has no effect to the extent that it is
inconsistent with the National Capital Plan in effect under the
Australian Capital Territory (Planning and Land Management) Act 1988 , but an
Ordinance shall be taken to be consistent with the Plan to the extent that it
is capable of operating concurrently with the Plan.
- (1B)
- Subject to
subsection (1C), paragraphs (1)(a), (1)(c) and (1)(k) cease to have
effect on and after 1 July 1990 or after regulations made in the manner
referred to in the Australian Capital Territory (Self-Government) Act 1988
come into effect, whichever sooner occurs.
- (1C)
- Paragraph (1)(k) does
not cease to have effect on and after 1 July 1990 in regard to any matter
referred to in Schedule 5 to the
Australian Capital Territory (Self-Government) Act 1988 .
Section 12B
Omit the section.
Territory Authorities (Financial Provisions) Act 1978
Subsection 4(1) Omit the subsection, substitute the following subsection:
- (1)
- In this Act, unless the contrary intention appears: authority means:
- (a)
- except in sections 6 and 7—a body corporate established for a
public purpose by or under a law of a Territory; and
- (b)
- in sections 6
and 7—a body corporate established for a public purpose by or under a law
of a Territory, other than an enactment within the meaning of the
Australian Capital Territory (Self-Government) Act 1988 .
Subsections 9(4)
and (5)
Omit the subsections.
Schedule (Part II)
Omit "Canberra
Commercial Development Authority".
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
Commonwealth Consolidated Acts