Commonwealth Numbered Acts

A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SCHEDULE 5

SCHEDULE 5
Section 32
CONSEQUENTIAL AMENDMENTS OF ACTS
Administrative Appeals Tribunal Act 1975 Subsection 3 (1) (definition of
"enactment"):
After "means" insert ", subject to section 3A". 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 1988;". After section 3:
Insert the following sections: Certain legislation relating to Australian
Capital Territory not to be enactment "3A. (1) ACT 1988 enactments are not
enactments.

"(2) The Australian Capital Territory (Self-Government) ACT 1988 1988 and the
Canberra Water Supply (Googong Dam) ACT 1988 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. Members may be appointed to be members of Administrative Appeals
Tribunal for the ACT

"3B. If an ACT enactment establishes a body or tribunal for the purpose of
reviewing specified administrative decisions, nothing in this Act prevents:

   (a)  the President from being appointed to be the President (however
        described) of that body or tribunal; or

   (b)  a member other than the President from being appointed to be a member
        other than the President (however described) of that body or
        tribunal.". Paragraph 16 (5) (a):
After "a State," insert "the Australian Capital Territory,". Paragraph 16 (5)
(c):
After "a State" insert ", the Australian Capital Territory".
Administrative Decisions (Judicial Review) ACT 1988 1977 Subsection 3 (1)
(definition of "enactment"):
After "means" insert ", subject to section 3A". 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 1988;". After section 3:
Insert the following section: Certain legislation relating to Australian
Capital Territory not to be enactment "3A. (1) ACT 1988 enactments are not
enactments.

"(2) The Australian Capital Territory (Self-Government) ACT 1988 1988 and the
Canberra Water Supply (Googong Dam) ACT 1988 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.".
Archives Act 1983 Subsection 3 (1) (definition of "authority of the
Commonwealth"):
Omit all words from and including "include", substitute the following:

"include:

   (d)  a court;

   (e)  the Australian Capital Territory;

   (f)  a body established by or under an enactment within the meaning of the
        Australian Capital Territory (Self-Government) ACT 1988 1988;

   (g)  the Northern Territory; or

   (h)  the Administration of an external Territory.". Paragraph 6 (1) (a):
After "State" insert ", the Australian Capital Territory". Section 23:
After "States" (wherever occurring) insert ", the Australian Capital
Territory". Subsection 32 (1):

   (a)  After "State" (first and second occurring) insert ", of the Australian
        Capital Territory".

   (b)  After "State" (last occurring) insert ", the Australian Capital
        Territory". Subsection 32 (2):
After "State" insert ", with the Australian Capital Territory". Subsection 33
(5):
After "State" insert ", the Australian Capital Territory". Paragraph 36 (4)
(d):
After "State" insert ", the Australian Capital Territory".
Audit Act 1901 Subsection 2A (1):
Insert "the Australian Capital Territory," before "the Northern Territory"
(wherever occurring). Subparagraph 48B (4) (a) (vii):
Omit "Australian Capital Territory Legislative Assembly", substitute
"Legislative Assembly for the Australian Capital Territory". Section 48C:
Add at the end the following subsection:

"(9) In this section:
'State' includes the Australian Capital Territory.". Section 48D:
Add at the end the following subsection:

"(2) In this section:
'State' includes the Australian Capital Territory.". Section 48F:
After subsection (10) insert the following subsection:

"(10A) In this section:
'State' includes the Australian Capital Territory.". Paragraph 63B (1) (b):
Omit "a law", substitute "an Ordinance".
Australian Antarctic Territory Act 1954 Section 4:
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 1988;". Subsection 10 (2):

   (a)  After "Ordinance" (first occurring) insert "or enactment".

   (b)  After "Ordinance" (second occurring) insert "or enactment, as the case
        may be".
Australian Capital Territory Supreme Court Act 1933 Section 5:
Insert the following definition:

" 'enactment' has the same meaning as in section 3 of the Australian Capital
Territory (Self-Government) ACT 1988 1988;". After section 7:
Insert the following section: Appointments between 1 July 1990 and 30 June
1992

"7AA. (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
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 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 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 Employees' 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):
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 1988;". Subparagraph 5 (2) (c) (ii):
After "other than" insert "an ACT enactment or a law of". Subsection 5 (8):
After paragraph (b) insert the following paragraph:

"(ba) a person who holds an office as defined by subsection 73 (1) of the ACT
Self-Government Act or an office established by or under enactment;".
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: Inquiries relating to the Australian Capital
Territory

"16AA. 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 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 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 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: Certain legislation relating to Australian
Capital Territory not to be enactment "4A. (1) ACT 1988 enactments are not
enactments.

"(2) The Australian Capital Territory (Self-Government) ACT 1988 1988 and the
Canberra Water Supply (Googong Dam) ACT 1988 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 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;

   (bb) in the teaching service as defined by section 3 of the A.C.T.
        Consequential Provisions Act; and

   (bc) 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 definition:

" 'A.C.T. Consequential Provisions Act' means the A.C.T. Self-Government
(Consequential Provisions) ACT 1988 1988;". 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".
Jervis Bay Territory Acceptance Act 1915 After section 2:
Insert the following section: Interpretation

"2A. 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 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: Laws of Australian Capital Territory to be in
force

"4A. (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. Powers and functions under adopted laws

"4B. (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. Ordinance may
amend or repeal adopted laws

"4C. 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. Supreme Court of
Australian Capital Territory to have jurisdiction in Territory

"4D. (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.
Supply of water or electricity to persons outside the Territory

"4E. 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.
Ordinances

"4F. (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.
Tabling of Ordinances in Parliament

"4G. (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. Ordinance not to be re-made while
required to be tabled

"4H. (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. Ordinance not to be re-made while subject to
disallowance

"4J. (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. Disallowed Ordinance not to be
re-made unless resolution rescinded or House approves

"4K. 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. Regulations, rules and
        by-laws

"4L. (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 1988) or by a law of a Territory (other than the
Australian Capital Territory or the Northern Territory)".
Long Service Leave (Commonwealth Employees) ACT 1988 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 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: Commonwealth Teaching Service-transitional

"24A. (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
1988.".
Maternity Leave (Commonwealth Employees) ACT 1988 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 1988 or a law".
Paragraph 5 (2) (b):
After "other than" insert "an enactment as defined by section 3 of the
Australian Capital Territory (Self-Government) ACT 1988 1988 or a law". After
paragraph 5 (3) (a):
Insert the following paragraph:

"(aa) a person who holds an office defined by section 73 of the
Self-Government Act or an office established by or under enactment;".
Paragraph 11 (1) (c):
Omit the paragraph.
Merit Protection (Australian Government Employees) ACT 1988 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;". Subsection 3 (1):
Insert the following definitions:

" 'ACT enactment' means an enactment as defined by section 3 of the
Self-Government Act;
'Self-Government Act' means the Australian Capital Territory 
(Self-Government) ACT 1988 1988;
'Territory authority' has the same meaning as in section 3 of the
Self-Government Act;". After section 6:
Insert the following section in Division 1 of Part II: ACT enactments may
apply Act to Territory employees

"6A. (1) Where an ACT enactment declares that section 15, 21, 26A, 39, 47, 50
or 56 of this Act is, or some or all of those sections are, to apply as if the
Australian Capital Territory or a specified Territory authority were a
Commonwealth authority and the employees or a specified class of the employees
of the Territory or authority, as the case may be, were Commonwealth
employees, that enactment has effect accordingly.

"(2) An ACT enactment to which subsection (1) applies that relates to section
15, 21, 26A, 39 or 47 of this Act shall, for the purposes of that section, be
taken to be an enactment within the meaning of this Act.

"(3) An ACT enactment to which subsection (1) applies may apply sections 15,
21, 26A, 39, 47, 50 and 56 of this Act subject to any further modifications of
this Act required for the purposes of applying the sections in relation to
employees of the Australian Capital Territory or a Territory authority, as the
case may be.". Paragraph 59 (4) (b):
After "State" (wherever occurring) insert ", of the Australian Capital
Territory". Subparagraph 85 (2) (k) (ii):
Omit the subparagraph.
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 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 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 1988;
as the case requires.". After section 3:
Insert the following section: Certain legislation relating to Australian
Capital Territory not to be enactment "3AA. (1) ACT 1988 enactments are not
enactments.

"(2) The Australian Capital Territory (Self-Government) ACT 1988 1988 and the
Canberra Water Supply (Googong Dam) ACT 1988 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 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 Tribunals Act 1973 Subsection 3 (3):
Omit the subsection, substitute the following subsection:

"(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.".
Seat of Government (Administration) ACT 1988 1910 After section 2:
Insert the following section in Part I: Interpretation

"2A. In this Act, unless the contrary intention appears:
'enactment' has the same meaning in the Australian Capital Territory 
(Self-Government) ACT 1988 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
        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 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 1988.". Section 12B:
Omit the section.
Territory Authorities (Financial Provisions) ACT 1988 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
        1988.". Subsections 9 (4) and (5):
Omit the subsections. Schedule (Part II):
Omit "Canberra Commercial Development Authority".