{"id":"a-2001-14","name":"Legislation Act","slug":"legislation-act","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"14 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22978,"registerId":"act-a-2001-14-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Amendment history 249","content":"4 Amendment history 249\n","sortOrder":0},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 290","content":"5 Earlier republications 290\n\nAn Act about legislation\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Legislation Act 2001.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of an Act usually defines certain terms used in\nthe Act, and includes references (signpost definitions) to other terms\ndefined elsewhere in the Act. However, in this Act the dictionary is\ndivided into 2 parts.\nNote 2 Pt 1 defines terms commonly used in Acts (including this Act) and\nstatutory instruments. For example, because of the definition ‘calendar\nmonth means one of the 12 months of the year.’, the term ‘calendar\nmonth’ has the defined meaning wherever the term is used in an Act or\nstatutory instrument unless the Act or instrument provides otherwise or\nthe contrary intention otherwise appears (see s 144 and s 155).\nNote 3 Pt 2 defines certain terms used in this Act. For example, the signpost\ndefinition ‘administrator, for part 19.5 (Service of documents)—see\nsection 246.’ means that the term ‘administrator’ is defined in s 246 for\nthis Act, pt 19.5. A definition in pt 2 applies to all of this Act unless the\ndefinition, or another provision of this Act, provides otherwise or the\ncontrary intention otherwise appears (see s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\n(1) The main object of this Act is to make legislation more accessible.\n(2) This is to be achieved particularly by—\n(a) encouraging access to legislation through the internet, while\nmaintaining access to printed legislation; and\n(b) restating the law dealing with the ‘life cycle’ of legislation,\nimproving its structure and content, and simplifying its\nprovisions where practicable; and\n(c) assisting users of legislation to find, read, understand and use\nlegislation by—\n(i) facilitating the shortening and simplification of legislation;\nand\n(ii) promoting consistency in the form and language of\nlegislation; and\n(iii) providing rules about the interpretation of legislation; and\n(iv) facilitating the updating and republication of legislation to\nensure its ready availability.\n(3) For this section, the ‘life cycle’ of legislation includes the making\n(where relevant), notification, commencement, presentation and\ndisallowance (where relevant), operation, interpretation, proof,\nrepublication, amendment and repeal of legislation and instruments\nmade under legislation.\n\n4 Application of Act\n(1) This Act applies to all Acts (including this Act) and statutory\ninstruments.\n(2) In particular, Acts and statutory instruments are taken to be made on\nthe basis that they will operate in conjunction with this Act.\n1 An Act imposes an obligation and provides that people who ‘fail’ to carry out\nthe obligation are liable to the penalty. The Act does not, however, define\n‘fail’ or indicate that the word is used in a special way. In accordance with\nthis Act, dictionary, pt 1 (see s 144), the word ‘fail’ includes ‘refuse’. In other\nwords, a person who refuses to carry out the obligation will be subject to the\npenalty in the same way as someone who only neglects the obligation. In this\ncase, the presence in an Act of a word that is defined in this Act attracts the\noperation of the definition in the dictionary.\n2 The XYZ Act 2001 contains the following provision:\nThe Minister may determine fees for this Act.\nBecause the XYZ Act authorises a fee to be determined ‘for this Act’, this Act,\ns 56 applies and therefore the provisions of pt 6.3 (Making of certain statutory\ninstruments about fees) apply to the determination of fees under the provision.\nIn this case, the operation of provisions of this Act is attracted because the XYZ\nAct 2001 contains a provision that triggers the application of the part.\nNote The determination of a fee by a Minister under an Act is a disallowable\ninstrument and must be in writing (see s 9 (1) (b) and s 42 (2)).\n5 Determinative and non-determinative provisions\n(1) This Act consists of determinative and non-determinative provisions.\n(2) A determinative provision is a provision of this Act that is declared\nto be a determinative provision.\nSection 4 (3) provides that s 4 is a determinative provision.\n\n(3) A non-determinative provision is any other provision of this Act.\nSection 3 does not contain a provision corresponding to s 4 (3). Therefore, s 3 is\nnot a determinative provision.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Legislation Act provisions must be applied","content":"6 Legislation Act provisions must be applied\n(1) A provision of this Act must be applied to an Act or statutory\ninstrument, in accordance with the terms of the provision, except so\nfar as it is displaced.\n(2) A determinative provision may be displaced expressly or by a\nmanifest contrary intention.\n(3) A non-determinative provision may be displaced expressly or by a\ncontrary intention.\nNote For the distinction between a ‘manifest contrary intention’ (see s (2)) and\n‘contrary intention’ (see s (3)), see the examples in this section.\n(4) The declaration of a provision as ‘determinative’ indicates that it is\nthe intention of the Legislative Assembly that, if the provision is to\nbe displaced at all in a particular case, a more deliberate displacement\nis required than if the provision were a non-determinative provision.\n(5) This section applies despite any presumption or rule of interpretation.\n(6) A provision of this Act must not be taken to be displaced by a\nprovision of an Act or statutory instrument so far as the provisions\ncan operate concurrently.\n(7) In particular and without limiting subsection (6), a provision of this\nAct is not displaced by a provision of an Act or statutory instrument\nbecause the provisions deal with the same or a similar subject matter.\n\nExamples—different kinds of displacement\n1 Determinative provision—express displacement\nThe Collections Regulation Act 1999 (hypothetical), s 83 contains the\nfollowing provision:\n(2) The Legislation Act, section 47 (3) does not apply to a regulation\nunder this Act.\nSection 83 (2) illustrates a provision expressly displacing this Act, s 47 (3), a\ndeterminative provision.\n2 Determinative provision—manifest contrary intention\nThe Motor Repairers Act 2001 (hypothetical) does not contain a provision like\nthe Collections Regulation Act 1999, s 83, but s 79 contains the following\nprovision:\n(3) A regulation may apply, adopt or incorporate an instrument or\nprovision of an instrument as in force from time to time.\nSection 79 (3) illustrates a provision displacing this Act, s 47 (3), a\ndeterminative provision, by a manifest contrary intention because s 79 (3)\nclearly contradicts s 47 (3).\n3 Non-determinative provision—contrary intention\nThe master of a vessel is charged with contravening the Liquor Act 2001\n(hypothetical), s 126 by selling liquor on or from ‘licensed premises’ otherwise\nthan at a time authorised by the Act. It is claimed that the sale took place on\nthe vessel. The Act defines ‘licensed premises’ to mean that part or those parts\nof a building or buildings and of the land adjoining it or them as defined by\nthe licensing court. It is argued that the complaint is defective in that a vessel\ncannot be ‘licensed premises’. However, s 126 is expressed to apply to ‘a\nlicensee, servant, agent or master who sells liquor on or from licensed\npremises’. In this case, the reference to ‘master’ indicates a contrary intention\nindicating that the section is intended to apply to liquor sold on or from vessels.\n\nExample—concurrent operation (no displacement)\nThe Small Clubs Act 2002 (hypothetical) contains the following provision about\nhow notice of the club’s annual general meeting may be served on members of a\nregistered small club:\n","sortOrder":6},{"sectionNumber":"60","sectionType":"section","heading":"Serving notice of annual general meeting","content":"60 Serving notice of annual general meeting\nThe executive committee of a registered small club may serve notice of the\nannual general meeting of the club on members by pinning the notice to a\nnoticeboard in the club house.\nThis Act, s 247, a non-determinative provision, allows a document to be served on\nan individual under an Act in a number of ways (by giving the document to the\nindividual, by sending it by prepaid post etc), but does not mention pinning the\ndocument to a noticeboard as a method of giving the notice.\nSection 247 is not displaced by the Small Clubs Act 2002, s 60, because—\n• s 60 does not expressly displace section 247 nor does it indicate a contrary\nintention (see s 6 (1) and (3)) and, in particular, s 60 does not indicate an\nintention that the method of service it authorises is to be the only method of\nserving notice of annual general meetings on members of small clubs; and\n• the application of s 247 is not displaced by any presumption or rule of\ninterpretation (see s 6 (5)); and\n• s 60 and s 247 can operate concurrently (see s 6 (6)) by allowing\ncomplementary methods of service; and\n• the fact that s 60 and s 247 deal with the same (or a similar) subject matter\ndoes not of itself displace s 247 (see s 6 (7) and also s 6 (5)).\nIt follows, therefore, that the executive committee is free to serve notice of the\nannual general meeting under s 60 or s 247.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of Act generally","content":"7 Meaning of Act generally\n(1) An Act is an Act of the Legislative Assembly.\n(2) An Act of the Legislative Assembly is a law (however described or\nnamed) made by the Legislative Assembly under the\nSelf-Government Act.\n(3) A reference to an Act includes a reference to a provision of an Act.\nNote 1 Section 17 deals with former Commonwealth enactments, and former\nNSW and UK Acts, that have become ACT Acts.\nNote 2 Section 100 (1) deals with references to particular Acts.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of subordinate law","content":"8 Meaning of subordinate law\n(1) A subordinate law is a regulation or rule (whether or not legislative\nin nature) made under—\n(b) another subordinate law; or\n(c) power given by an Act or subordinate law and also power given\notherwise by law.\n(2) A reference to a subordinate law includes a reference to a provision\nof a subordinate law.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of disallowable instrument","content":"9 Meaning of disallowable instrument\n(1) A disallowable instrument is—\n(a) a statutory instrument (whether or not legislative in nature) that\nis declared to be a disallowable instrument by an Act,\nsubordinate law or another disallowable instrument; or\n\nBasic concepts Part 1.2\n(b) a determination of fees or charges by a Minister under an Act or\nsubordinate law.\nNote Statutory instrument is defined in s 13.\n(2) A reference to a disallowable instrument includes a reference to a\nprovision of a disallowable instrument.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of notifiable instrument","content":"10 Meaning of notifiable instrument\n(1) A notifiable instrument is a statutory instrument (whether or not\nlegislative in nature) that is declared to be a notifiable instrument by\nan Act, subordinate law, disallowable instrument or another notifiable\n(2) A reference to a notifiable instrument includes a reference to a\nprovision of a notifiable instrument.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of commencement notice","content":"11 Meaning of commencement notice\n(1) A commencement notice is a statutory instrument that fixes or\notherwise determines the commencement of an Act, subordinate law,\ndisallowable instrument or notifiable instrument.\n(2) A reference to a commencement notice includes a reference to a\nprovision of a commencement notice.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of legislative instrument","content":"12 Meaning of legislative instrument\n(1) A legislative instrument is—\n(a) a subordinate law; or\n(b) a disallowable instrument; or\n(c) a notifiable instrument; or\n(d) a commencement notice.\n(2) A reference to a legislative instrument includes a reference to a\nprovision of a legislative instrument.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of statutory instrument","content":"13 Meaning of statutory instrument\n(1) A statutory instrument is an instrument (whether or not legislative in\nnature) made under—\n(b) another statutory instrument; or\n(c) power given by an Act or statutory instrument and also power\ngiven otherwise by law.\n(2) A statutory instrument includes a subordinate law, disallowable\ninstrument, notifiable instrument and commencement notice.\n(3) A reference to a statutory instrument includes a reference to a\nprovision of a statutory instrument.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of instrument","content":"14 Meaning of instrument\n(1) An instrument is any writing or other document.\nNote Writing is defined in the dictionary, pt 1.\n(2) A reference to an instrument includes a reference to a provision of an\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of authorised republication","content":"15 Meaning of authorised republication\n(1) An authorised republication is a republication of a law authorised by\nthe parliamentary counsel under this Act.\n(2) A reference to an authorised republication includes a reference to a\nprovision of an authorised republication.\nlaw—see section 107 (Definitions—ch 11).\n\nBasic concepts Part 1.2\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of provision","content":"16 Meaning of provision\nA provision of an Act or instrument is any words or anything else that\nforms part of the Act or instrument.\nExamples—provisions consisting of groups of words\nsections, subsections, paragraphs, subparagraphs, sub-subparagraphs, examples\nExamples—provisions consisting of groups of other provisions\nchapters, parts, divisions, subdivisions, schedules\nNote See s 126 and s 127 for material that is, or is not, part of an Act or\n\nNotes on sources of law\nNote 1 The laws in force in the ACT consist of the written law and various\nunwritten laws known as the principles and rules of common law and\nequity.\nNote 2 The written law of the Territory consists primarily of laws, known as\nActs, made by the Legislative Assembly. It also includes regulations,\nrules of court and other legislative instruments made under specific\npowers given by Acts. (Written laws made under an Act are commonly\ncalled ‘subordinate’ or ‘delegated’ legislation.)\nNote 3 Before self-government, ordinances made by the Governor-General\nunder the Seat of Government (Administration) Act 1910 (Cwlth) were\nthe main form of legislation made for the ACT. Most of the ordinances\nin force at self-government have been converted into Acts (see the\nSelf-Government Act, s 34). However, the Governor-General has power\nto make ordinances for the ACT on a limited number of topics (see Seat\nof Government (Administration) Act 1910 (Cwlth), s 12).\nNote 4 The written laws in force in the ACT also include the Commonwealth\nConstitution, Commonwealth Acts, and regulations and other legislative\ninstruments made under Commonwealth Acts. As a general rule,\nCommonwealth Acts and legislative instruments apply in the ACT in the\nsame way as they apply in other parts of Australia. Commonwealth Acts\nand instruments prevail over the Acts made by the Legislative Assembly\nto the extent to which they are inconsistent (see Self-Government Act,\ns 28).\nNote 5 Certain Acts of New South Wales and the United Kingdom also formed\npart of the written laws in force in the ACT. Because of the Interpretation\nAct 1967, s 65, these are now taken to be laws made by the Legislative\nAssembly as if they had been enacted by the Assembly. (Section 65 has\nexpired, but its previous operation was saved–see s 65 (3)). These Acts\nare listed in sch 1.\n\nSources of law in the ACT Part 1.3\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"References to Acts include references to former Cwlth","content":"17 References to Acts include references to former Cwlth\nenactments etc\n(1) A reference to an Act includes a reference to a former Commonwealth\nenactment.\n(2) Without limiting subsection (1), a reference to an Act includes a\nreference to a former NSW Act or former UK Act mentioned in\nschedule 1.\nformer Commonwealth enactment means a Commonwealth Act or\nordinance, a New South Wales Act or Imperial Act that is—\n(a) an enactment within the meaning of the Self-Government Act\nbecause of that Act, section 34; or\n(b) an enactment because of the A.C.T. Self-Government\n(Consequential Provisions) Act 1988 (Cwlth), section 10 (3) or\nsection 12 (2) or (3).\n\n","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACT legislation register and","content":"Chapter 2 ACT legislation register and\nwebsite\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"ACT legislation register","content":"18 ACT legislation register\n(1) The parliamentary counsel must establish and maintain a register of\nActs and statutory instruments (the ACT legislation register).\n(2) The register must be kept electronically.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Contents of register","content":"19 Contents of register\n(1) The ACT legislation register must contain the following:\n(a) authorised republications of laws currently in force;\n(b) Acts as made;\n(c) subordinate laws as made;\n(d) disallowable instruments as made;\n(e) notifiable instruments as made;\n(f) commencement notices as made;\n(g) resolutions passed, or taken to have been passed, by the\nLegislative Assembly to disallow a subordinate law or\ndisallowable instrument;\n(h) resolutions passed, or taken to have been passed, by the\nLegislative Assembly to amend a subordinate law or\ndisallowable instrument;\n(i) bills presented to the Legislative Assembly;\n(j) explanatory statements for bills, and amendments of bills,\npresented to the Legislative Assembly;\n\nACT legislation register and website Chapter 2\n(k) explanatory statements, and regulatory impact statements under\nchapter 5, for subordinate laws and disallowable instruments.\n(2) The ACT legislation register must also contain the following:\n(a) notifications of the making of Acts;\n(b) notifications of the making of subordinate laws;\n(c) notifications of the making of disallowable instruments;\n(d) notifications of the making of notifiable instruments;\n(e) notifications of the making of commencement notices;\n(f) notifications of the disallowance of subordinate laws or\ndisallowable instruments under section 65 (Disallowance by\nresolution of Assembly);\n(g) notifications of the amendment of subordinate laws or\ndisallowable instruments under section 68 (Amendment by\n(3) The parliamentary counsel may enter additional material in the\nregister if the parliamentary counsel considers that it is likely to be\nuseful to users of the register.\n(4) Without limiting subsection (3), the additional material may include\nthe following:\n(a) unauthorised republications of laws currently in force;\n(b) past versions of unauthorised republications;\n(c) past versions of authorised republications;\n(d) statutory instruments that are not legislative instruments;\n(e) repealed Acts and statutory instruments;\n(f) Commonwealth laws that apply in or in relation to the ACT;\n\n(g) material relevant to interpreting the rights set out in the Human\nRights Act 2004, including documents mentioned in that Act,\ndictionary, definition of international law.\n(5) The parliamentary counsel may enter additional material in the\nregister in any way the parliamentary counsel considers is likely to be\nhelpful to users of the register.\nAn instrument under the Self-Government Act notifying the appointment of\nMinisters is entered in the register as a notifiable instrument even though the\ninstrument is not taken to be a notifiable instrument under s 10 (Meaning of\nnotifiable instrument). The instrument is also numbered as a notifiable instrument.\nThe page of the register for the notification mentions that it is made under the\nSelf-Government Act and is not a notifiable instrument but is included in the\nregister for information.\n(6) Without limiting subsection (3) or (5), a regulation may prescribe\nrequirements to be satisfied for additional material to be entered in\nthe register under this section, including, for example, requirements\nabout—\n(a) the form of the material; and\n(b) the making of requests for its entry in the register.\n(7) A regulation may also make provision about the following in relation\nto instruments (other than legislative instruments) to be entered in the\nregister under this section:\n(a) the numbering of the instruments by the parliamentary counsel,\nwhether in a series of numbers allocated under section 59\n(Numbering) or otherwise;\n(b) the identification of the instruments, including, for example,\nauthorising the parliamentary counsel to—\n(i) add a name to an unnamed instrument; or\n(ii) amend an instrument’s name; or\n(iii) add notes to an instrument to assist in its identification; or\n\nACT legislation register and website Chapter 2\n(iv) do anything else in relation to an instrument to assist users\nof the register to identify or refer to the instrument.\n(8) If the register contains an authorised republication of a law currently\nin force, and the law is amended, the parliamentary counsel must\nreplace the republication with an authorised republication of the law\nas amended.\n(9) If the register contains an authorised republication of a law, and the\nlaw is repealed, expires or, for a subordinate law or disallowable\ninstrument, is disallowed by the Legislative Assembly, the\nparliamentary counsel must ensure that the republication is no longer\nshown as a republication of law currently in force.\n(10) If the parliamentary counsel considers it likely to be useful to users\nof the register to enter information (in any form) in the register, the\nparliamentary counsel may enter the information at any time.\n(11) If an Act passed by the Legislative Assembly, or a legislative\ninstrument made, before the commencement of this Act need not be\nnotified under this Act, the parliamentary counsel may enter the text\nof the Act or instrument in the register.\n(12) The parliamentary counsel may correct any mistake, error or\nomission in the register subject to the requirements (if any) of the\nregulations.\n(13) In this section:\namended includes modified.\nlaw—see section 107 (Definitions—ch 11).\nrepealed includes lapsed and expired.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Prompt registration","content":"20 Prompt registration\nThe parliamentary counsel must ensure that anything the\nparliamentary counsel is required to do in relation to the register is\ndone promptly.\n\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Approved website","content":"21 Approved website\n(1) The parliamentary counsel must approve an internet site, and may\napprove additional internet sites, for this Act.\n(2) The parliamentary counsel may enter into agreements or\narrangements to ensure that users can authenticate an approved\nwebsite or the material accessible on an approved website.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Access to registered material at approved website","content":"22 Access to registered material at approved website\n(1) The parliamentary counsel must ensure, as far as practicable, that a\ncopy of the material mentioned in section 19 (1) and (2) (Contents of\nregister) is accessible at all times on an approved website.\n(2) Access is to be provided without charge by the Territory.\n\n","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"Authorised versions and","content":"Chapter 3 Authorised versions and\nevidence of laws and\nlegislative material\n","sortOrder":25},{"sectionNumber":"22A","sectionType":"section","heading":"Definitions—ch 3","content":"22A Definitions—ch 3\nlaw means an Act or statutory instrument, whether or not it has been\namended, and includes, in relation to a republication—\n(a) a collection of 2 or more Acts or statutory instruments; or\n(b) all or part of an agreement or other instrument that has the force\nof law or is in, or attached to, an Act or statutory instrument.\nlegislative material means material (other than a law or provision of\na law) relating to an Act or statutory instrument.\nExamples—legislative material\n1 Additional material entered in the register under s 19 (3) (Contents of register)\nthat is not an Act or statutory instrument, for example, appointments of\nMinisters. Ministers are appointed by the Chief Minister under the\nSelf-Government Act, s 41. An instrument notifying an appointment may be\nentered in the register even though the instrument is not a statutory instrument.\n2 Material that may be considered under ch 14 in working out the meaning of an\nAct or statutory instrument, for example, an explanatory statement for the bill\nthat became the relevant Act that was presented to the Legislative Assembly\nbefore the Act was passed.\nrepublication includes part of a republication.\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Authorisation of versions by parliamentary counsel","content":"23 Authorisation of versions by parliamentary counsel\nThe parliamentary counsel may authorise written or electronic\nversions of a law, republication or legislative material.\nNote Written includes printed (see dict, pt 1, def writing).\n\nChapter 3 Authorised versions and evidence of laws and legislative material\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Authorised electronic versions","content":"24 Authorised electronic versions\n(1) An electronic copy of a law, republication or legislative material is an\nauthorised version if—\n(a) it is accessed at, or downloaded from, an approved website in a\nformat authorised by the parliamentary counsel; or\n(b) it is authorised by the parliamentary counsel and is in the format\nin which it is authorised by the parliamentary counsel.\n(2) It is presumed, unless the contrary is proved—\n(a) that an internet site purporting to be an approved website is an\napproved website; and\n(b) that an electronic copy of a law, republication or legislative\nmaterial accessed at, or downloaded from, an approved website\nand purporting to be authorised by the parliamentary counsel\n(however expressed) is an authorised version of the law,\nrepublication or legislative material; and\n(c) that any other electronic copy of a law, republication or\nlegislative material purporting to be authorised by the\nparliamentary counsel (however expressed) is an authorised\nversion of the law, republication or legislative material; and\n(d) that an authorised electronic version of an Act or statutory\ninstrument correctly shows the Act or instrument; and\n(e) that an authorised electronic version of a republication of a law\ncorrectly shows the law as at the republication date; and\n(f) that an authorised electronic version of legislative material\ncorrectly shows the material.\nExamples—electronic copy of republication purporting to be authorised by\nparliamentary counsel\n1 The republication has the words ‘Authorised by the ACT Parliamentary\nCounsel’ on the front cover and the words ‘Authorised when accessed at\nwww.legislation.act.gov.au or in authorised printed form’ at the foot of each\npage of the republication.\n\n2 The republication has the words ‘Authorised by the ACT Parliamentary\nCounsel’ on the front cover and the words ‘Authorised by the ACT\nParliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the\nfoot of each page of the republication.\nprovision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference\nto a republication includes a reference to part of a republication (see\ns 22A def republication).\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Authorised written versions","content":"25 Authorised written versions\n(1) A written copy of a law, republication or legislative material is an\nauthorised version if—\n(a) it is a written copy produced directly from an authorised\nelectronic version of the law, republication or legislative\nmaterial; or\n(b) it is a written copy of another version of the law, republication\nor legislative material authorised by the parliamentary counsel.\nAn authorised electronic version of an Act is downloaded from an approved website\nand printed. The printed copy is an authorised written version of the Act.\n(2) It is presumed, unless the contrary is proved—\n(a) that a written copy of a law, republication or legislative material\npurporting to be authorised by the parliamentary counsel\n(however expressed) is an authorised version of the law,\nrepublication or legislative material; and\n(b) that an authorised written version of an Act or statutory\ninstrument correctly shows the Act or instrument; and\n(c) that an authorised written version of a republication of a law\ncorrectly shows the law as at the republication date; and\n\nChapter 3 Authorised versions and evidence of laws and legislative material\n(d) that an authorised written version of legislative material\ncorrectly shows the material.\nExamples—written copy of republication purporting to be authorised by\nparliamentary counsel\n1 The republication has the words ‘Authorised by the ACT Parliamentary\nCounsel’ on the front cover and the words ‘Authorised by the parliamentary\ncounsel and printed by authority of the ACT Government’ at the foot of each\npage of the republication.\n2 The republication has the words ‘Authorised by the ACT Parliamentary\nCounsel and printed by authority of the ACT Government’ on the front cover\nand the words ‘Authorised by the ACT Parliamentary Counsel—also\naccessible at www.legislation.act.gov.au’ at the foot of each page of the\nrepublication.\n3 The republication has the words ‘Authorised by the ACT Parliamentary\nCounsel’ on the front cover and the words ‘Authorised by the ACT\nParliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the\nfoot of each page of the republication.\nprovision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference\nto a republication includes a reference to part of a republication\n(see s 22A def republication).\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Judicial notice of certain matters","content":"26 Judicial notice of certain matters\n(1) Proof is not required about—\n(a) the passing of a proposed law by the Legislative Assembly or its\nnotification in the register, the gazette or otherwise under section\n28 (2) (b); or\n(b) the making, or notification or publication in the register, the\ngazette or otherwise under section 61 (2) (b), of a subordinate\nlaw, disallowable instrument, notifiable instrument,\ncommencement notice or any other statutory instrument; or\n(c) the approval (however described) of a statutory instrument by\nthe Executive, a Minister or any other entity; or\n\n(d) the provisions of an Act, subordinate law, disallowable\ninstrument, notifiable instrument, commencement notice or any\nother statutory instrument; or\n(e) the commencement of an Act, subordinate law, disallowable\ninstrument, notifiable instrument, or any other statutory\ninstrument; or\n(f) the presentation of a subordinate law, disallowable instrument\nor any other statutory instrument to the Legislative Assembly;\nor\n(g) anything done or not done by or in the Legislative Assembly in\nrelation to a subordinate law, disallowable instrument or any\nother statutory instrument; or\n(h) amendments or other changes made under chapter 11\n(Republication of Acts and statutory instruments); or\n(i) the authorisation of a republication under this Act, the\nprovisions of an authorised republication or the republication\ndate of an authorised republication.\n(2) A court or tribunal may inform itself of anything mentioned in\nsubsection (1) in any way it considers appropriate.\nExamples—ways that may be appropriate\n1 using a version of an Act downloaded from an approved website using the\ninternet\n2 using information obtained from an approved website using the internet\n3 using an authorised written version of a republication\n(3) However, the court or tribunal must consider whether the source it\nintends to use appears to be a reliable source of information.\n(4) For subsection (3), an authorised version of a law, republication or\nlegislative material is a reliable source of information.\n(5) This section does not limit any other law providing how a court or\ntribunal may be informed about a matter mentioned in subsection (1).\n\n","sortOrder":30},{"sectionNumber":"Part 4","sectionType":"part","heading":"Numbering and notification of","content":"Chapter 4 Numbering and notification of\nActs\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Numbering of Acts","content":"27 Numbering of Acts\nThe Acts passed in each year are to be numbered as nearly as\npracticable in the order in which they are passed.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Notification of Acts","content":"28 Notification of Acts\n(1) If a proposed law is passed by the Legislative Assembly, the Speaker\nmust ask the parliamentary counsel to notify the making of the law.\n(2) If the Speaker asks the parliamentary counsel to notify the making of\nthe proposed law, the parliamentary counsel must—\n(a) notify the making of the law in the register; or\n(b) if it is not practicable to notify the making of the proposed law\nin the register—notify the making of the law in another place the\nparliamentary counsel considers appropriate.\n(3) If the Speaker asks the parliamentary counsel to notify the making of\nthe proposed law on a particular day, the parliamentary counsel must\nnotify the making of the law on that day unless it is impracticable to\ndo so.\n(4) The making of the proposed law is notified in the register by entering\nin the register—\n(a) a statement that the law has been passed by the Legislative\nAssembly; and\n(b) the text of the law.\n\nNumbering and notification of Acts Chapter 4\n(5) The making of the proposed law is notified under subsection (2) (b)\nby—\n(a) publishing the text of the law in the place decided by the\nparliamentary counsel under subsection (2) (b); or\n(b) publishing in that place a statement that—\n(i) the law has been passed by the Legislative Assembly; and\n(ii) copies of the law can be obtained at a stated place or stated\nplaces (whether by purchase or otherwise).\n(6) If the making of the proposed law is notified under subsection (2) (b),\nthe parliamentary counsel must as soon as practicable enter in the\n(a) a statement that the law—\n(i) has been passed by the Legislative Assembly; and\n(ii) was notified in the stated place on a stated date; and\n(b) the text of the law.\n(7) If the making of the proposed law is notified by publishing the\nstatement mentioned in subsection (5) (b), copies of the law must be\navailable on the day of publication, or as soon as practicable after that\nday, at the stated place or each of the stated places.\n(8) If on that day no copies of the law are available at the stated place or\nany of the stated places, the parliamentary counsel must give the\nMinister a statement—\n(a) that copies of the law were not available; and\n(b) explaining why they were not available.\n(9) The Minister must present the statement to the Legislative Assembly\nnot later than 6 sitting days after receiving it.\n\n(10) This section is a determinative provision.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"References to enactment or passing of Acts","content":"29 References to enactment or passing of Acts\nIn an Act or statutory instrument, a reference to the enactment or\npassing of an Act is a reference to the making of the Act having been\nnotified in the register, the gazette or otherwise under\nsection 28 (2) (b).\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"References to notification of Acts","content":"30 References to notification of Acts\nIn an Act or statutory instrument, a reference to the notification of an\nAct is a reference to the making of the Act having been notified in the\nregister, the gazette or otherwise under section 28 (2) (b).\n\nPreliminary Part 5.1\n","sortOrder":35},{"sectionNumber":"Part 5","sectionType":"part","heading":"Regulatory impact statements","content":"Chapter 5 Regulatory impact statements\nfor subordinate laws and\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Definitions—ch 5","content":"31 Definitions—ch 5\nauthorising law, in relation to a proposed subordinate law or\ndisallowable instrument (the proposed law), means the Act or\nstatutory instrument (and, if appropriate, the provision of the Act or\nstatutory instrument) under which the proposed law will be made.\nbenefits includes—\n(a) advantages; and\n(b) direct and indirect economic, environmental and social benefits.\ncosts includes—\n(a) burdens and disadvantages; and\n(b) direct and indirect economic, environmental and social costs.\nscrutiny committee principles means the terms of reference of the\nLegislative Assembly standing committee performing the duties of a\nscrutiny of bills and subordinate legislation committee that apply to\nsubordinate laws and disallowable instruments.\n\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Other publication or consultation requirements not","content":"32 Other publication or consultation requirements not\naffected\n(1) Part 5.2 (Requirements for regulatory impact statements) does not\naffect any requirements in any other territory law for publication or\nconsultation about a proposal to make a subordinate law or\n(2) Part 5.2 does not apply to the subordinate law or disallowable\ninstrument if the requirements are of a comparable level to\npublication and consultation under the part.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Guidelines about costs of proposed subordinate laws","content":"33 Guidelines about costs of proposed subordinate laws\nand disallowable instruments\n(1) The Minister may issue guidelines to be applied in deciding whether\na proposed subordinate law or disallowable instrument is, or is not,\nlikely to impose appreciable costs on the community or a part of the\ncommunity.\n(2) A guideline is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under this Act.\n\nRequirements for regulatory impact statements Part 5.2\nPart 5.2 Requirements for regulatory\nimpact statements\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Preparation of regulatory impact statements","content":"34 Preparation of regulatory impact statements\n(1) If a proposed subordinate law or disallowable instrument\n(the proposed law) is likely to impose appreciable costs on the\ncommunity, or a part of the community, then, before the proposed law\nis made, the Minister administering the authorising law\n(the administering Minister) must arrange for a regulatory impact\nstatement to be prepared for the proposed law.\n(2) However, this section does not apply to the proposed law if the\nadministering Minister exempts the proposed law from\nsubsection (1).\nNote Section 32 and s 36 also state other circumstances when a regulatory\nimpact statement is not required.\n(3) An exemption under subsection (2) (the RIS exemption) is a\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under this Act.\n(4) If the RIS exemption is disallowed under this Act after the proposed\nlaw has been made, the administering Minister must arrange for a\nregulatory impact statement to be prepared for the subordinate law or\n(5) The regulatory impact statement prepared under subsection (4) must\nbe presented to the Legislative Assembly not later than 5 sitting days\nafter the day the RIS exemption is disallowed.\n(6) This chapter (other than section 37 (When must regulatory impact\nstatement be presented?)) applies to the law as if the law were a\nproposed subordinate law or disallowable instrument.\n\nPart 5.2 Requirements for regulatory impact statements\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Content of regulatory impact statements","content":"35 Content of regulatory impact statements\nA regulatory impact statement for a proposed subordinate law or\ndisallowable instrument (the proposed law) must include the\nfollowing information about the proposed law in clear and precise\nlanguage:\n(a) the authorising law;\n(b) a brief statement of the policy objectives of the proposed law\nand the reasons for them;\n(c) a brief statement of the way the policy objectives will be\nachieved by the proposed law and why this way of achieving\nthem is reasonable and appropriate;\n(d) a brief explanation of how the proposed law is consistent with\nthe policy objectives of the authorising law;\n(e) if the proposed law is inconsistent with the policy objectives of\nanother territory law—\n(i) a brief explanation of the relationship with the other law;\nand\n(ii) a brief explanation for the inconsistency;\n(f) if appropriate, a brief statement of any reasonable alternative\nway of achieving the policy objectives (including the option of\nnot making a subordinate law or disallowable instrument) and\nwhy the alternative was rejected;\n(g) a brief assessment of the benefits and costs of implementing the\nproposed law that—\n(i) if practicable and appropriate, quantifies the benefits and\ncosts; and\n(ii) includes a comparison of the benefits and costs with the\nbenefits and costs of any reasonable alternative way of\nachieving the policy objectives stated under paragraph (f);\n\nRequirements for regulatory impact statements Part 5.2\n(h) a brief assessment of the consistency of the proposed law with\nthe scrutiny committee principles and, if it is inconsistent with\nthe principles, the reasons for the inconsistency.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"When is preparation of regulatory impact statement","content":"36 When is preparation of regulatory impact statement\nunnecessary?\n(1) A regulatory impact statement need not be prepared for a proposed\nsubordinate law or disallowable instrument (the proposed law) if the\nproposed law only provides for, or to the extent it only provides for,\nany of the following:\n(a) a matter that is not of a legislative nature, including, for\nexample, a matter of a machinery, administrative, drafting or\nformal nature;\n(b) a matter that does not operate to the disadvantage of anyone\n(other than the Territory or a territory authority or\ninstrumentality) by—\n(i) adversely affecting the person’s rights; or\n(ii) imposing liabilities on the person;\n(c) an amendment of a territory law to take account of current\nlegislative drafting practice;\n(d) the commencement of an Act or statutory instrument;\nNote A reference to an Act or statutory instrument includes a reference\nto a provision of the Act or instrument (see s 7 and s 13).\n(e) an amendment of a territory law that does not fundamentally\naffect the law’s application or operation;\n(f) a matter of a transitional character;\n(g) a matter arising under a territory law that is part of a uniform\nscheme of legislation or complementary with legislation of the\nCommonwealth, a State or New Zealand;\n\nPart 5.2 Requirements for regulatory impact statements\n(h) a matter involving the adoption of an Australian or international\nprotocol, standard, code, or intergovernmental agreement or\ninstrument, if an assessment of the benefits and costs has already\nbeen made and the assessment was made for, or is relevant to,\nthe ACT;\n(i) a proposal to make, amend or repeal rules of court;\n(j) a matter advance notice of which would enable someone to gain\nunfair advantage;\n(k) an amendment of a fee, charge or tax consistent with announced\ngovernment policy.\n(2) A regulatory impact statement also need not be prepared for the\nproposed law if, or to the extent that, it would be against the public\ninterest because of the nature of the proposed law or the\ncircumstances in which it is made.\nA law may need to be made urgently for controlling the spread of a disease or\ndealing with another urgent situation.\nNote Section 32 and s 34 also state other circumstances when a regulatory\nimpact statement is not required.\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"When must regulatory impact statement be presented?","content":"37 When must regulatory impact statement be presented?\n(1) This section applies if a regulatory impact statement for a proposed\nsubordinate law or disallowable instrument (the proposed law) has\nbeen prepared and the proposed law is made.\n(2) The statement must be presented to the Legislative Assembly with the\nsubordinate law or disallowable instrument.\n\nFailure to comply with requirements for regulatory impact statements Part 5.3\nPart 5.3 Failure to comply with\nrequirements for regulatory\nimpact statements\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Effect of failure to comply with pt 5.2","content":"38 Effect of failure to comply with pt 5.2\n(1) Failure to comply with part 5.2 (Requirements for regulatory impact\nstatements) in relation to a subordinate law or disallowable\ninstrument (the law) does not—\n(a) affect the law’s validity; or\n(b) create rights or impose legally enforceable obligations on the\nTerritory, a Minister or anyone else.\n(2) In addition, a decision made, or appearing to be made, under part 5.2\nis final.\ndecision includes—\n(a) conduct engaged in to make a decision; and\n(b) conduct related to making a decision; and\n(c) failure to make a decision.\n\n","sortOrder":44},{"sectionNumber":"Part 6","sectionType":"part","heading":"Making, notification and","content":"Chapter 6 Making, notification and\nnumbering of statutory\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Meaning of matter—ch 6","content":"39 Meaning of matter—ch 6\nmatter, in relation to a statutory instrument, includes circumstance,\nperson, place and purpose.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Presumption of validity","content":"40 Presumption of validity\nIt is presumed, unless the contrary is proved, that all conditions and\nsteps required for the making of a statutory instrument have been\nsatisfied and carried out.\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Making of certain statutory instruments by Executive","content":"41 Making of certain statutory instruments by Executive\n(1) This section applies if an Act authorises or requires the Executive to\nmake a subordinate law or disallowable instrument.\n(2) The subordinate law or disallowable instrument is taken to be made\nby the Executive if—\n(a) it is signed by 2 or more Ministers who are members of the\nExecutive; and\n(b) the signing Ministers include the Chief Minister and the\nresponsible Minister.\n(3) A subordinate law or disallowable instrument made in accordance\nwith subsection (2) is taken to be made when it is signed by the second\nMinister signing.\n\nGeneral Part 6.1\n(4) If the Chief Minister or responsible Minister cannot sign because that\nMinister is absent from the ACT, ill or on leave, the signing Ministers\nneed not include that Minister.\nresponsible Minister means—\n(a) the Minister for the time being administering the Act; or\n(b) if, for the time being, different Ministers administer the Act in\nrelation to different matters—\n(i) if only 1 Minister administers the Act in relation to the\nrelevant matter—that Minister; or\n(ii) if 2 or more Ministers administer the Act in relation to the\nrelevant matter—any of the Ministers; or\n(iii) if subparagraph (ii) does not apply and, for the time being,\n2 or more Ministers administer the Act—any of the\nMinisters;\nbut does not include a Minister for the time being acting on behalf of\nthe Minister or 2 or more Ministers.\n\nPart 6.2 Making of statutory instruments\ngenerally\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Power to make statutory instruments","content":"42 Power to make statutory instruments\n(1) If an Act or statutory instrument gives a power that can be exercised\nby making an instrument, the Act or statutory instrument gives power\nto make the instrument.\nAn Act gives a Minister power to approve codes of practice, but does not require\nthe approval to be in writing or to be given by a particular instrument. The power\ncan be exercised by giving a written approval. The Act, therefore, gives power to\nmake an instrument, namely, a written approval.\n(2) If an Act or statutory instrument gives power to make an instrument\nthat would be a legislative instrument, the power can only be\nexercised by making an instrument.\n(3) If an Act or statutory instrument gives power to make an instrument,\nthe power may be exercised from time to time.\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Statutory instruments to be interpreted not to exceed","content":"43 Statutory instruments to be interpreted not to exceed\npowers under authorising law\n(1) A statutory instrument is to be interpreted as operating to the full\nextent of, but not to exceed, the power given by the Act or statutory\ninstrument under which it is made (the authorising law).\n(2) Without limiting subsection (1), if a provision of a statutory\ninstrument would, apart from this section, be interpreted as exceeding\npower—\n(a) the provision is valid to the extent to which it does not exceed\npower; and\n\n(b) the remainder of the instrument is not affected.\nExample 1\nThe Agriculture Services Determination 2001, pt 4 exceeds the determination–\nmaking power given by the Agriculture Services Act 2000 (hypothetical). The other\nprovisions of the determination are within power.\nThe determination (apart from pt 4) operates effectively. Pt 4 is treated as if it did\nnot form part of the determination and is disregarded.\nNote The kind of interpretation indicated in example 1 is known as a divisible\ninterpretation of the determination.\nExample 2\nThe Goats Regulation 2001 (hypothetical) is made under the Goats Act 2001. The\nGoats Regulation 2001, s 39 seeks to impose rules about the care of ‘animals’, but\nthe Act only gives power to make regulations about goats.\nSection 39 is read restrictively (‘read down’) as if it mentioned goats. In other\nwords, the section is effective but treated as if it applied only to goats.\nNote The kind of interpretation indicated in example 2 is known as a\ndistributive interpretation of the regulation.\nExample 3\nThe Wombat Protection Act 2003 (hypothetical) provides that the Minister may\nappoint a Wombat Advocate. The instrument making the appointment states that\nthe appointment is for 5 years, but the maximum term of appointment authorised\nunder the Act is 4 years.\nThe instrument is read restrictively (‘read down’) as if it referred to 4 years. In\nother words, the instrument is effective but the appointment is only valid for\n4 years.\nNote The kind of interpretation indicated in example 3 is known as a\ndistributive interpretation of the instrument.\n\n(3) Without limiting subsection (1), if the application of a provision of a\nstatutory instrument to a matter would, apart from this section, be\ninterpreted as exceeding power, the provision’s application to other\nmatters is not affected.\nThe Community Safety Order 2001 is expressed to apply to all members of the\ncommunity without qualification although it is in fact made under the Building\nIndustry (Safety) Act 2000 (hypothetical). That Act is restricted in its operation to\nthe building industry. The order is cast in such wide terms that it cannot be\ninterpreted divisibly or distributively. However, the order applies to entities such\nas XYZ Constructions Pty Ltd because it is a company in the construction industry.\n(4) This section is in addition to any provision of the statutory instrument\nor authorising law.\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Power to make statutory instruments for Act etc","content":"44 Power to make statutory instruments for Act etc\n(1) If an Act or statutory instrument (the authorising law) authorises or\nrequires the making of a statutory instrument for the authorising law\nor another Act or statutory instrument (the other law), the power\nauthorises a statutory instrument to be made in relation to any matter\nthat—\n(a) is required or permitted to be prescribed by the authorising law\nor other law; or\n(b) is necessary or convenient to be prescribed for carrying out or\ngiving effect to the authorising law or other law.\n(2) Subsection (1) applies to the authorising law even though the\nauthorising law—\n(a) only authorises the making of a statutory instrument for the\nauthorising law; or\n\n(b) also authorises or requires the making of a statutory instrument\nabout a particular matter.\n(3) Power given by the authorising law to make a statutory instrument\nabout a particular matter does not limit power given by the\nauthorising law or other law to make a statutory instrument (whether\nor not of the same kind) about any other matter.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Power to make court rules","content":"45 Power to make court rules\n(1) The power of an entity to make rules for a court includes power to\nmake rules in relation to any matter necessary or convenient to be\nprescribed for carrying out or giving effect to the court’s jurisdiction\nunder any law that authorises or requires anything to be done in or in\nrelation to the court.\n(2) This section is additional to section 44.\ncourt includes a tribunal.\ndisallowable legislative instrument, for a Commonwealth Act,\nmeans a legislative instrument that can be disallowed under the\nLegislation Act 2003 (Cwlth), chapter 3, part 2 (Parliamentary\nscrutiny of legislative instruments), including that part, or provisions\nof that part, applied by another Commonwealth law.\n\nlaw means—\n(a) an Act, subordinate law or disallowable instrument; or\nincludes a reference to a provision of the Act, law or instrument\n(see s 7, s 8 and s 9).\n(b) a Commonwealth Act or a disallowable legislative instrument\nunder a Commonwealth Act (or a provision of such an Act or\ninstrument).\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Power to make instrument includes power to amend or","content":"46 Power to make instrument includes power to amend or\nrepeal\n(1) Power given under an Act or statutory instrument (the authorising\nlaw) to make a statutory instrument includes power to amend or\nrepeal the instrument.\n(2) The power to amend or repeal the instrument is exercisable in the\nsame way, and subject to the same conditions, as the power to make\nthe instrument.\n1 If the instrument is a disallowable instrument, an amendment or repeal of the\ninstrument is also a disallowable instrument.\n2 If the instrument is a notifiable instrument, an amendment or repeal of the\ninstrument is also a notifiable instrument.\n3 If notice of the making of the instrument must be published in a newspaper,\nnotice of an amendment or repeal of the instrument must also be published in\nthe newspaper.\n(3) Despite subsection (1), a form that is a legislative instrument may be\nrepealed or repealed and remade (with or without changes), but may\nnot be amended.\n\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Statutory instrument may make provision by applying law","content":"47 Statutory instrument may make provision by applying law\nor instrument\n(1) This section applies if an Act, subordinate law or disallowable\ninstrument (the authorising law) authorises or requires the making of\na statutory instrument (the relevant instrument) about a matter.\n(2) The relevant instrument may make provision about the matter by\napplying an ACT law—\n(a) as in force at a particular time; or\n(b) as in force from time to time.\n(3) The relevant instrument may make provision about the matter by\napplying a law of another jurisdiction, or an instrument, as in force\nonly at a particular time.\nNote For information on the operation of s (3), see the examples to s (9).\n(4) If the relevant instrument makes provision about the matter by\napplying a law of another jurisdiction or an instrument, the following\nprovisions apply:\n(a) if subsection (3) is displaced by, or under authority given by, an\nAct or the authorising law—the law of the other jurisdiction or\ninstrument is applied as in force from time to time;\nNote For the displacement of s (3), see s 6, examples 1 and 2.\n(b) if subsection (3) is not so displaced and the relevant instrument\ndoes not provide that the law of the other jurisdiction or\ninstrument is applied as in force at a particular time—the law or\ninstrument is taken to be applied as in force when the relevant\ninstrument is made.\n\nExamples—s (4) (b)\n1 The Locust Damage Compensation Determination 2003 (a hypothetical\ndisallowable instrument) provides for the making of claims against a\ncompensation fund. Section 43 states that disputes about claims must be\ndecided in accordance with the Commercial Arbitration Act 1984 (NSW)\n(the NSW Act) as in force from time to time. The determination is made on\n1 August 2003. The Act under which the determination is made does not\ndisplace s (3). Therefore, even though s 43 purports to apply the NSW Act as\nin force from time to time, the NSW Act as in force on 1 August 2003 is\napplied by the determination.\n2 The Locust Damage Compensation Determination 2003 (mentioned in\nexample 1), s 43 states that disputes about claims must be decided in\naccordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act),\nbut does not state that the NSW Act is to be applied as in force from time to\ntime or at a particular time. The determination is made on 1 August 2003. The\nAct under which the determination is made does not displace s (3). Therefore,\nthe NSW Act as in force on 1 August 2003 is applied by the determination.\n(5) If a law of another jurisdiction or an instrument is applied as in force\nat a particular time, the text of the law or instrument (as in force at\nthat time) is taken to be a notifiable instrument made under the\nrelevant instrument by the entity authorised or required to make the\nrelevant instrument.\n(6) If subsection (3) is displaced and a law of another jurisdiction or an\ninstrument is applied as in force from time to time, the text of each of\nthe following is taken to be a notifiable instrument made under the\nrelevant instrument by the entity authorised or required to make the\nrelevant instrument:\n(a) the law or instrument as in force at the time the relevant\ninstrument is made;\n(b) each subsequent amendment of the law or instrument;\n(c) if the law or instrument is repealed and remade (with or without\nchanges)—the law or instrument as remade and each subsequent\namendment of the law or instrument;\n\n(d) if a provision of the law or instrument is omitted and remade\n(with or without changes) in another law or instrument—the\nprovision as remade and each subsequent amendment of the\n(7) The authorising law or, if the relevant instrument is a subordinate law\nor disallowable instrument, the relevant instrument may provide\nthat—\n(a) subsection (5) or (6) does not apply to the relevant instrument;\nor\n(b) subsection (5) or (6) applies with the modifications stated in the\nauthorising law or relevant instrument.\n(8) If a provision of an Act, subordinate law or disallowable instrument\nauthorises or requires the application of a law or instrument, the\nprovision authorises the making of changes or modifications to the\nlaw or instrument for that application.\nExamples—s (3) and s (9)\nHere are 2 examples about the operation of s (3) and (9): the first illustrates how\ns (3) might be displaced and the second illustrates how a law of another jurisdiction\nthat applies as in force from time to time would operate—\n1 The effect of s (3) and s (9), and s (10), def applying, is that if it is intended to\napply, adopt or incorporate a law or instrument as in force from time to time,\nthe authorising law would need to expressly displace s (3) (as illustrated in s 6,\nexamples of different kinds of displacement, example 1) or indicate a manifest\ncontrary intention (as illustrated in example 2 in those examples).\n2 The ABC Regulation 2001 (made under a provision like those illustrated in s 6,\nexamples of different kinds of displacement, examples 1 and 2) provides that\nnoise measurements are to be taken in accordance with the NSW noise control\nmanual as in force from time to time. The effect of the ABC Regulation 2001\nis that whenever the NSW noise control manual is amended in future, the noise\nmeasurements must be taken in accordance with the manual as last amended.\n\n(10) In this section:\nACT law means an Act, subordinate law or disallowable instrument.\napplying includes adopting or incorporating.\nNote See also s 157 (Defined terms–other parts of speech and grammatical\nforms).\ndisallowable legislative instrument, for a Commonwealth Act,\nmeans a legislative instrument that can be disallowed under the\nLegislation Act 2003 (Cwlth), chapter 3, part 2 (Parliamentary\nscrutiny of legislative instruments), including that part, or provisions\nof that part, applied by another Commonwealth law.\ninstrument includes a provision of an instrument, but does not\ninclude an ACT law or a law of another jurisdiction.\nlaw of another jurisdiction means—\n(a) a Commonwealth Act or a disallowable legislative instrument\nunder a Commonwealth Act; or\n(b) a State Act, or any regulation or rule under a State Act; or\n(c) a New Zealand or Norfolk Island Act, or any regulation or rule\nunder a New Zealand or Norfolk Island Act; or\n(d) a provision of a law mentioned in paragraphs (a) to (c).\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Power to make instrument includes power to make","content":"48 Power to make instrument includes power to make\ndifferent provision for different categories etc\n(1) Power given under an Act or statutory instrument to make a statutory\ninstrument includes power—\n(a) to make different provision in relation to different matters or\ndifferent classes of matters; or\n\n(b) to make an instrument that applies differently by reference to\nstated exceptions or factors.\n(2) Without limiting subsection (1), power given under an Act or\nstatutory instrument to make a statutory instrument about particular\nmatters includes power to make a statutory instrument about any 1 or\nmore of the matters or a particular class of the matters.\n(3) For this section, a class may consist of a single matter.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Single instrument may exercise several powers or satisfy","content":"49 Single instrument may exercise several powers or satisfy\nseveral requirements\n(1) Power given under an Act or statutory instrument may be exercised\nwith any other power to make a single instrument—\n(a) whether or not the powers are exercised in relation to separate\nprovisions, some of the same provisions, or all of the provisions,\nof the instrument; or\n(b) whether or not the other powers are given under the same Act or\nstatutory instrument, another Act or statutory instrument or any\nother territory law.\n(2) A statutory instrument is taken—\n(a) to be made under each power given under territory law under\nwhich it could be made; and\n(b) to satisfy each requirement under territory law that it could\nsatisfy.\n\n(3) Without limiting subsection (2), that subsection applies to an\ninstrument even though—\n(a) it is stated to be made under a particular territory law\n(the authorising law) or a particular provision of the authorising\nlaw; and\n(b) it is stated to be made for a particular territory law (the requiring\nlaw) or a particular provision of the requiring law.\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Relationship between authorising law and instrument","content":"50 Relationship between authorising law and instrument\ndealing with same matter\n(1) If an Act or statutory instrument (the authorising law) gives power\nto make a statutory instrument about a matter, the instrument may\nmake provision in relation to a particular aspect of the matter even\nthough provision is made by the authorising law in relation to another\naspect of the matter or in relation to another matter.\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Instrument may make provision in relation to land by","content":"51 Instrument may make provision in relation to land by\nreference to map etc\n(1) This section applies if an Act or statutory instrument authorises or\nrequires provision to be made by statutory instrument in relation to\nland or waters.\n(2) Provision may be made by reference to—\n(a) a particular map or plan held by an entity; or\n\n(b) a particular entry in a register kept by an entity;\nif the map, plan or register is available for inspection (on the internet\nor otherwise) by members of the public, whether or not on payment\nof a fee.\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Instrument may authorise determination of matter etc","content":"52 Instrument may authorise determination of matter etc\n(1) This section applies if an Act or statutory instrument (the authorising\nlaw) authorises or requires provision to be made about a matter by\n(2) A statutory instrument made under the authorising law may make\nprovision about the matter by authorising or requiring a stated entity\nto make provision about the matter, or any aspect of the matter,\nwhether or not from time to time.\nprovision, for a matter, includes determining or regulating the matter,\napplying the instrument to the matter, being satisfied or forming an\nopinion about anything relating to the matter, or doing anything else\nin relation to the matter.\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Instrument may prohibit","content":"53 Instrument may prohibit\n(1) If an Act or statutory instrument authorises or requires a matter to be\nregulated (however described) by statutory instrument, the power\nmay be exercised by prohibiting by statutory instrument the matter or\nany aspect of the matter.\n\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Instrument may require making of statutory declaration","content":"54 Instrument may require making of statutory declaration\n(1) If an Act or statutory instrument (the authorising law) gives power\nto make a statutory instrument, the instrument may require the\nmaking of a statutory declaration.\nNote The Statutory Declarations Act 1959 (Cwlth) applies to the making of\nstatutory declarations under territory laws (see that Act, s 5).\n(2) Subsection (1) applies—\n(a) whether or not the authorising law authorises or requires\npenalties to be prescribed by instrument; and\n(b) if the authorising law authorises or requires penalties to be\nprescribed by instrument—irrespective of the level of penalties\nthat may be prescribed.\n\nMaking of certain statutory instruments about fees Part 6.3\nPart 6.3 Making of certain statutory\ninstruments about fees\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Definitions—pt 6.3","content":"55 Definitions—pt 6.3\nfee includes a charge or other amount.\nprovide a service includes exercise a function.\nservice includes a function or facility.\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"Determination of fees by disallowable instrument","content":"56 Determination of fees by disallowable instrument\n(1) This section applies if an Act (the authorising law) authorises fees to\nbe determined for an Act or statutory instrument (the relevant law).\n(2) The authorising law authorises a fee to be determined in relation to\nany matter under or related to the relevant law.\n(3) To remove any doubt, a fee may be determined for a provision of the\nrelevant law even though the provision does not mention a fee.\nNote The determination of a fee by a Minister under an Act is a disallowable\ninstrument and must be in writing (see s 9 (1) (b) and s 42 (2)).\n(4) A fee may be determined—\n(a) by stating the fee; or\n(b) by setting a rate, or providing a formula or other method, by\nwhich the fee is to be worked out; or\n(c) by a combination of a stated fee and a rate, formula or other\nmethod.\n(5) The determination—\n(a) must provide by whom the fee is payable; and\n(b) must provide to whom the fee is to be paid; and\n\nPart 6.3 Making of certain statutory instruments about fees\n(c) may make provision about the circumstances in which the fee is\npayable; and\n(d) may make provision about exempting a person from payment of\nthe fee; and\n(e) may make provision about when the fee is payable and how it is\nto be paid (for example, as a lump sum or by instalments); and\n(f) may mention the service for which the fee is payable; and\n(g) may make provision about waiving, postponing or refunding the\nfee (completely or partly); and\n(h) may make provision about anything else relating to the fee.\n","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Fees payable in accordance with determination etc","content":"57 Fees payable in accordance with determination etc\n(1) A fee determined by a disallowable instrument is payable by the\nperson by whom the fee is payable under the determination, in\nrelation to the service (if any) mentioned in the determination and in\naccordance with the determination, to the person to whom the fee is\npayable under the determination.\n(2) If a service is mentioned in the determination, the fee is payable\nbefore the service is provided unless the determination provides\notherwise.\n\nMaking of certain statutory instruments about fees Part 6.3\n(3) If the fee is payable in relation to a service mentioned in the\ndetermination and the fee has not been paid in accordance with the\ndetermination, no-one is obliged to provide the service.\n(4) Subsection (3) applies to a service even though, apart from that\nsubsection, someone is under a duty to provide the service.\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Regulations may make provision about fees","content":"58 Regulations may make provision about fees\n(1) This section applies if an Act (the authorising law)—\n(a) authorises or requires fees to be determined for the authorising\nlaw, or another Act or a statutory instrument (the fees law); and\n(b) the authorising law authorises the making of regulations by the\nExecutive.\n(2) A regulation under the authorising law may make provision in\nrelation to—\n(a) the payment, collection and recovery of determined fees; and\n(b) the waiver, postponement or refund of the fees (completely or\npartly); and\n(c) anything else about which provision may, under section 56\n(Determination of fees by disallowable instrument), be made by\ndetermination in relation to determined fees.\n(3) The power mentioned in subsection (2) (b) includes power to make\nprovision in relation to an entitlement to a waiver, postponement or\nrefund of determined fees in circumstances prescribed by regulation\n(including the removal of a statutory capacity).\n\nPart 6.3 Making of certain statutory instruments about fees\n(4) A regulation or the authorising law may make provision in relation to\nthe payment of determined fees by cheque or credit card, including,\nfor example, the consequences of a cheque not being honoured on\npresentation or a credit card transaction not being honoured.\n(5) A regulation or the authorising law may make provision in relation to\nthe removal of a statutory capacity if any determined fee—\n(a) is not paid when it is required to be paid; or\n(b) is paid by cheque and the cheque is not honoured on\npresentation; or\n(c) is paid by credit card and the credit card transaction is not\nhonoured.\n(6) A regulation or the authorising law may make provision in relation to\nthe restoration of a statutory capacity (whether prospectively or\nduring any past period).\n(7) This section is in addition to any provision of the authorising law or\nfees law.\n(9) In this section:\ncredit card includes debit card.\nremoval, of a statutory capacity, includes suspension, cancellation,\nrevocation, withdrawal, surrender or other prescribed restriction or\ntermination of a statutory capacity under the fees law or authorising\nlaw.\nstatutory capacity includes an accreditation, approval, assessment,\nauthority, certificate, condition, decision, determination, exemption,\nlicence, permission, permit, registration or other prescribed thing\ngiving a status, privilege or benefit under the fees law or authorising\nlaw (whether or not required under either law for doing anything).\n\nPart 6.4 Numbering and notification of\nlegislative instruments\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Numbering","content":"59 Numbering\n(1) The legislative instruments registered in each year must be numbered\nby the parliamentary counsel as nearly as practicable in the order in\nwhich they are notified.\n(2) However, the parliamentary counsel may—\n(a) allocate different kinds of legislative instruments to different\nseries for numbering purposes; or\n(b) add distinguishing letters to numbers to indicate the kind of\nlegislative instrument.\n(3) Also, a regulation may provide that this section does not apply to a\nnotifiable instrument of a kind prescribed by regulation.\n60 Correction etc of name of instrument\n(1) This section applies if a legislative instrument, or a statutory\ninstrument entered on the register under section 19 (3), is unnamed or\nthe name it gives to itself—\n(a) includes a year that is not the year in which the instrument was\nnotified; or\n(b) is the same as another instrument that has been, or is to be,\nnotified under this Act; or\n(c) includes a number that is not consecutive with other instruments\nthat have been notified under this Act; or\n(d) does not include a number that would give the instrument a\nunique name; or\n(e) is otherwise not in accordance with current legislative drafting\npractice.\n\n(2) The parliamentary counsel may, before notifying the instrument\nunder this Act—\n(a) add a name to an unnamed instrument; or\n(b) amend the instrument’s name to bring it into line with current\nlegislative drafting practice.\n(3) If the name of an instrument is added or amended under this section,\nthe instrument has effect for all purposes as if the instrument were\nmade with the name as added or amended.\n(4) If the name of an instrument is added or amended under this section,\nthe parliamentary counsel may make a corresponding change to any\nexplanatory statement or regulatory impact statement for the\n","sortOrder":66},{"sectionNumber":"60A","sectionType":"section","heading":"Correction of name of explanatory statement etc","content":"60A Correction of name of explanatory statement etc\n(1) This section applies if an explanatory statement or regulatory impact\nstatement for a legislative instrument—\n(a) does not include the instrument’s number or name in an\nappropriate place; or\n(b) includes a reference to the instrument’s number or name that is\nincorrect.\n(2) The parliamentary counsel may, before entering the statement in the\n(a) include the instrument’s number or name in an appropriate place\nin the statement; or\n(b) correct the reference to the instrument’s number or name.\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Notification of legislative instruments","content":"61 Notification of legislative instruments\n(1) If a legislative instrument is made, an authorised person for making a\nnotification request for the instrument may ask the parliamentary\ncounsel to notify the making of the instrument.\n(2) If an authorised person for making a notification request for a\nlegislative instrument asks the parliamentary counsel to notify the\nmaking of the instrument and complies with the requirements (if any)\nprescribed by regulation (whether in relation to the form of the\ninstrument, in relation to the making of the request or otherwise), the\nparliamentary counsel must—\n(a) notify the making of the instrument in the register; or\n(b) if it is not practicable to notify the making of the instrument in\nthe register—notify the making of the instrument in another\nplace the parliamentary counsel considers appropriate.\n(3) The making of the legislative instrument is notified in the register by\nentering in the register—\n(a) a statement that the instrument has been made; and\n(b) the text of the instrument.\n(4) The making of the legislative instrument is notified under\nsubsection (2) (b) by—\n(a) publishing the text of the instrument in the place decided by the\nparliamentary counsel under subsection (2) (b); or\n(b) publishing in that place a statement that—\n(i) the instrument has been made; and\n(ii) copies of the instrument can be obtained at a stated place\nor stated places (whether by purchase or otherwise).\n\n(5) If the making of the legislative instrument is notified under\nsubsection (2) (b), the parliamentary counsel must as soon as\npracticable enter in the register—\n(a) a statement that the instrument—\n(i) has been made; and\n(ii) was notified in the stated place on a stated date; and\n(b) the text of the instrument.\n(6) If the making of the legislative instrument is notified by publishing\nthe statement mentioned in subsection (4) (b), copies of the\ninstrument must be available on the day of publication, or as soon as\npracticable after that day, at the stated place or each of the stated\nplaces.\n(7) If on that day no copies of the legislative instrument are available at\nthe stated place or any of the stated places, the parliamentary counsel\nmust give the Minister a statement—\n(a) that copies of the instrument were not available; and\n(b) explaining why they were not available.\n(8) The Minister must present the statement to the Legislative Assembly\nnot later than 6 sitting days after receiving it.\n(9) Despite subsection (2), the parliamentary counsel may notify the\nmaking of a legislative instrument even though a requirement\nprescribed by regulation for subsection (2) (a prescribed\nrequirement) is not complied with.\n(10) The notification of a legislative instrument is valid even if—\n(a) a prescribed requirement was not complied with; or\n(b) the notification was made on the request of a person who was\nnot, or was no longer, a delegate of an authorised person for\nmaking a notification request for the instrument.\n\n(12) In this section:\nauthorised person, for making a notification request for a legislative\ninstrument, means—\n(a) the maker of the instrument; or\n(b) for a legislative instrument made by the Executive—a Minister\nor director-general; or\n(c) for a legislative instrument made by a Minister—\na director-general; or\n(d) for a legislative instrument made by the rule-making\ncommittee—\n(i) the secretary of the committee; or\n(ii) the registrar of a court or tribunal in relation to which the\ninstrument applies; or\n(e) for any other legislative instrument made by a court or tribunal,\nor by a member (however described) of a court or tribunal—the\nregistrar of the court or tribunal; or\n(f) for any other legislative instrument (other than an instrument\nprescribed by regulation for this paragraph)—a director-general;\nor\n(g) for a legislative instrument prescribed by regulation for this\nparagraph—a person prescribed by regulation as an authorised\nperson for making a notification request for the instrument.\nrule-making committee means the rule-making committee\nestablished under the Court Procedures Act 2004.\n\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Effect of failure to notify legislative instrument","content":"62 Effect of failure to notify legislative instrument\n(1) A legislative instrument is not enforceable by or against the Territory\nor anyone else unless it is notified.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"References to notification of legislative instruments","content":"63 References to notification of legislative instruments\nIn an Act or statutory instrument, a reference to the notification of a\nlegislative instrument is a reference to the instrument having been\nnotified in the register, the gazette or otherwise under\nsection 61 (2) (b).\n\n","sortOrder":70},{"sectionNumber":"Part 7","sectionType":"part","heading":"Presentation, amendment and","content":"Chapter 7 Presentation, amendment and\ndisallowance of subordinate\nlaws and disallowable\nNote In this chapter, a reference to a subordinate law or disallowable\ninstrument includes a reference to a provision of a subordinate law or\ndisallowable instrument (see s 8 (2) and s 9 (2)).\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Presentation of subordinate laws and disallowable","content":"64 Presentation of subordinate laws and disallowable\n(1) A subordinate law or disallowable instrument must be presented to\nthe Legislative Assembly not later than 6 sitting days after its\nnotification day.\n(2) If a subordinate law or disallowable instrument is not presented in\naccordance with subsection (1), it is taken to be repealed.\n","sortOrder":72},{"sectionNumber":"65","sectionType":"section","heading":"Disallowance by resolution of Assembly","content":"65 Disallowance by resolution of Assembly\n(1) This section applies if notice of a motion to disallow a subordinate\nlaw or disallowable instrument is given in the Legislative Assembly\nnot later than 6 sitting days after the day it is presented to the\nAssembly.\n(2) If the Legislative Assembly passes a resolution to disallow the\nsubordinate law or disallowable instrument, it is taken to be\nrepealed—\n(a) on the day after the day the disallowance is notified; or\n\n(b) if the resolution provides that it takes effect on the day the\nresolution is passed—that day.\n(3) For this chapter, the Legislative Assembly is taken to have passed a\nresolution to disallow the subordinate law or disallowable instrument\nif, at the end of 6 sitting days after the day the notice is given—\n(a) the notice has not been withdrawn and the motion has not been\ncalled on; or\n(b) the motion has been called on and moved, but has not been\n(4) If subsection (3) applies, the resolution is taken to be the resolution\nset out in the motion for the resolution.\n(5) A disallowance under this section has effect for all purposes as if it\nwere a repeal made by an Act.\n","sortOrder":73},{"sectionNumber":"65A","sectionType":"section","heading":"Notification of disallowance by resolution of Assembly","content":"65A Notification of disallowance by resolution of Assembly\n(1) If a subordinate law or disallowable instrument is disallowed, or taken\nto have been disallowed, under section 65, the Speaker must ask the\nparliamentary counsel to notify the disallowance.\n(2) If the Speaker asks the parliamentary counsel to notify the\ndisallowance, the parliamentary counsel must—\n(a) notify the disallowance in the register; or\n\n(b) if it is not practicable to notify the disallowance in the register—\nnotify the disallowance in another place the parliamentary\ncounsel considers appropriate.\n(3) If the Speaker asks the parliamentary counsel to notify the\ndisallowance on a particular day, the parliamentary counsel must\nnotify the disallowance on that day unless it is impracticable to do so.\n(4) The disallowance is notified in the register by entering in the\nby the Legislative Assembly under section 65; and\n(5) The disallowance is notified under subsection (2) (b) by publishing in\nthe place decided by the parliamentary counsel under that\nsubsection—\nby the Legislative Assembly under section 65; and\n\n(6) If the disallowance is notified under subsection (2) (b), the\nparliamentary counsel must enter in the register—\n(b) a statement that the disallowance was notified under\nsubsection (2) (b) in a stated place on a stated date; and\n(c) the text of the resolution passed, or taken to have been passed,\nunder section 65; and\n(d) the day when the resolution was passed or taken to have been\n(e) the day when the subordinate law or disallowable instrument is\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Revival of affected laws","content":"66 Revival of affected laws\n(a) a subordinate law or disallowable instrument (the disallowed\nlaw) is taken to be repealed under section 64 (Presentation of\nsubordinate laws and disallowable instruments) or section 65\n(Disallowance by resolution of Assembly); and\n(b) the disallowed law repealed or amended an Act or statutory\ninstrument (the affected law); and\n(c) the repeal or amendment has commenced.\n\n(2) The affected law is revived, from the beginning of the day after the\ndisallowed law is taken to have been repealed, as if the disallowed\nlaw had never been made.\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Making of instrument same in substance within 6 months","content":"67 Making of instrument same in substance within 6 months\nafter disallowance\n(1) This section applies if a subordinate law or disallowable instrument\n(the disallowed law) is disallowed under section 65 (Disallowance by\n(2) A subordinate law or disallowable instrument the same in substance\nmust not be made within 6 months beginning on the day of the\ndisallowance unless the Legislative Assembly has—\n(a) rescinded the resolution that disallowed the disallowed law; or\n(b) by resolution, approved the making of—\n(i) a subordinate law or disallowable instrument in those\nterms; or\n(ii) a subordinate law or disallowable instrument the same in\nsubstance as the disallowed law.\n(3) A subordinate law or disallowable instrument made in contravention\nof this section is void.\n\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Amendment by resolution of Assembly","content":"68 Amendment by resolution of Assembly\n(1) In this section:\namendment does not include an amendment that would have the\neffect of waiving or changing any fee, charge, penalty or other\namount payable to the Territory.\ndisallowable instrument does not include a determination of fees or\ncharges by a Minister under an Act or subordinate law.\n(2) This section applies if notice of a motion to amend a subordinate law\nor disallowable instrument is given in the Legislative Assembly not\nlater than 6 sitting days after the day it is presented to the Assembly.\n(3) If the Legislative Assembly passes a resolution to amend the\nsubordinate law or disallowable instrument, it is amended\naccordingly—\n(a) on the day after the day the amendment is notified; or\n(b) if the resolution provides that it takes effect on the day the\nresolution is passed—that day.\n(4) For this chapter, the Legislative Assembly is taken to have passed a\nresolution to amend the subordinate law or disallowable instrument\nif, at the end of 6 sitting days after the day the notice is given—\n(a) the notice has not been withdrawn and the motion has not been\ncalled on; or\n(b) the motion has been called on and moved, but has not been\n(5) If subsection (4) applies, the resolution is taken to be the resolution\nset out in the motion for the resolution.\n(6) An amendment under this section has effect for all purposes as if it\nhad been made by an Act.\n\n(7) Without limiting subsection (6), section 83 (Consequences of\namendment of statutory instrument by Act) applies to the amendment\nas if it had been made by an Act.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Notification of amendments made by resolution of","content":"69 Notification of amendments made by resolution of\n(1) If a subordinate law or disallowable instrument (the amended law) is\namended under section 68, the Speaker must ask the parliamentary\ncounsel to notify the amendment.\n(2) If the Speaker asks the parliamentary counsel to notify the\namendment, the parliamentary counsel must—\n(a) notify the amendment in the register; or\n(b) if it is not practicable to notify the amendment in the register—\nnotify the amendment in another place the parliamentary\ncounsel considers appropriate.\n(3) If the Speaker asks the parliamentary counsel to notify the\namendment on a particular day, the parliamentary counsel must notify\nthe amendment on that day unless it is impracticable to do so.\n(4) The amendment is notified in the register by entering in the register—\n\n(5) The amendment is notified under subsection (2) (b) by publishing in\nthe place decided by the parliamentary counsel under that\nsubsection—\n(6) If the amendment is notified under subsection (2) (b), the\nparliamentary counsel must enter in the register—\n(b) a statement that the amendment was notified under\nsubsection (2) (b) in a stated place on a stated date; and\n(c) the text of the resolution passed, or taken to have been passed,\n(d) the day when the resolution was passed or taken to have been\n(e) the day when the subordinate law or disallowable instrument is\n\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Making of amendment restoring effect of law within","content":"70 Making of amendment restoring effect of law within\n6 months after amendment\n(1) This section applies if a subordinate law or disallowable instrument\n(the amended law) is amended under section 68 (Amendment by\n(2) A subordinate law or disallowable instrument the same in substance\nas the amended law before the amendment (the earlier law) must not\nbe made within 6 months beginning on the day the amendment is\nmade unless the Legislative Assembly has—\n(a) rescinded the resolution that made the amendment; or\n(b) by resolution approved the making of—\n(i) a subordinate law or disallowable instrument in those\nterms; or\n(ii) a subordinate law or disallowable instrument the same in\nsubstance as the earlier law.\n(3) A subordinate law or disallowable instrument made in contravention\nof this section is void.\n\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Effect of dissolution or expiry of Assembly on notice of","content":"71 Effect of dissolution or expiry of Assembly on notice of\nmotion\n(a) notice of motion to disallow or amend a subordinate law or\ndisallowable instrument is given in the Legislative Assembly not\nlater than 6 sitting days after the day the instrument is presented\nto the Assembly; and\n(b) not later than 6 sitting days after the day the notice is given, the\nAssembly is dissolved or expires; and\n(c) at the time of the dissolution or expiry—\n(i) the notice has not been withdrawn and the motion has not\nbeen called on; or\n(ii) the motion has been called on and moved, but has not been\n(2) For this chapter, the subordinate law or disallowable instrument is\ntaken to have been presented to the Legislative Assembly on the first\nsitting day of the Assembly after the next general election of members\nof the Assembly.\n\n","sortOrder":80},{"sectionNumber":"Part 8","sectionType":"part","heading":"Commencement and exercise","content":"Chapter 8 Commencement and exercise\nof powers before\ncommencement\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Meaning of law—ch 8","content":"72 Meaning of law—ch 8\n","sortOrder":82},{"sectionNumber":"73","sectionType":"section","heading":"General rules about commencement","content":"73 General rules about commencement\n(1) An Act commences—\n(a) on the day after its notification day; or\n(b) if the Act or another Act provides for a different date or time of\ncommencement—on that date or at that time.\n(2) A legislative instrument commences—\n(a) on the day after its notification day; or\n(b) if an Act or the instrument provides for a later date or time of\n(c) if an Act provides for an earlier date or time of\n(d) if the instrument, under authority given by an Act, provides for\nan earlier date or time—on that date or at that time.\n\n(3) Without limiting subsection (2), if a legislative instrument is notified\non a day after the day or time provided by the instrument for its\ncommencement, and subsection (2) (c) or (d) does not apply to the\ninstrument—\n(a) the instrument is valid; but\n(b) the instrument commences on the day after its notification day.\n(4) A statutory instrument that is not a legislative instrument\ncommences—\n(a) on the day after the day it is made or, if it is required under an\nAct or statutory instrument to be approved (however described)\nby the Executive, a Minister or any other entity, the day after the\nday it is approved; or\n(b) if an Act or the instrument provides for a later date or time of\n(c) if an Act provides for an earlier date or time of\n(d) if the instrument, under authority given by an Act, provides for\nan earlier date or time—on that date or at that time.\n(5) This section is subject to the following sections:\n(a) section 75 (Commencement of naming and commencement\nprovisions);\n(b) section 76 (Non-prejudicial provision may commence\nretrospectively);\n(c) section 79 (Automatic commencement of postponed law);\n(d) section 79A (Commencement of amendment of uncommenced\nlaw);\n(e) section 81 (Exercise of powers between notification and\ncommencement).\n\n","sortOrder":83},{"sectionNumber":"74","sectionType":"section","heading":"Time of commencement","content":"74 Time of commencement\n(1) If an Act commences on a day, it commences at the beginning of the\nday unless a different time of commencement is provided by the Act,\nanother Act, or a commencement notice providing for the\ncommencement of the Act.\n(2) If a statutory instrument commences on a day, it commences at the\nbeginning of the day unless a different time of commencement is\nprovided by the instrument, an Act, or a commencement notice\nproviding for the commencement of the instrument.\n","sortOrder":84},{"sectionNumber":"75","sectionType":"section","heading":"Commencement of naming and commencement","content":"75 Commencement of naming and commencement\n(1) The provisions of a law providing for its name and commencement\nautomatically commence on its notification day.\n(2) However, if a provision of the law commences before the law’s\nnotification day, the naming and commencement provisions are taken\nto have automatically commenced—\n(a) on that commencement; or\n(b) if 2 or more provisions of the law commence at different times\nbefore the notification day—on the earlier or earliest of the\ncommencements.\n(3) In the application of this section to a statutory instrument that is not a\nlegislative instrument, a reference to the instrument’s notification day\nis a reference to the day after the day it is made or, if it is required\nunder an Act or statutory instrument to be approved (however\ndescribed) by the Executive, a Minister or any other entity, the day\nafter the day it is approved.\n\n75AA Commencement of provisions identifying amended laws\n(1) This section applies if a law amends another law and includes a\nprovision (a legislation amended provision) identifying the amended\nlaw.\n(2) The legislation amended provision automatically commences (or is\ntaken to have automatically commenced)—\n(a) on the commencement of the amendments; or\n(b) if the amendments commence at different times—on the\ncommencement of the earlier or earliest of the amendments.\nNote See s 5 for the meaning of determinative provision, and s 6 for their\n","sortOrder":85},{"sectionNumber":"75A","sectionType":"section","heading":"Meaning of commences retrospectively","content":"75A Meaning of commences retrospectively\n(1) An Act or legislative instrument commences retrospectively if it\ncommences on a day or at a time earlier than the day after its\nnotification day.\nNote A reference to an Act or legislative instrument includes a reference to a\nprovision of an Act or legislative instrument (see s 7 (3) and s 12 (2)).\n(2) A statutory instrument that is not a legislative instrument commences\nretrospectively if it commences on a day or at a time earlier than the\nday after the day it is made or, if it is required under an Act or\nstatutory instrument to be approved (however described) by the\nExecutive, a Minister or any other entity, the day after the day it is\napproved.\n\n","sortOrder":86},{"sectionNumber":"75B","sectionType":"section","heading":"Retrospective commencement requires clear indication","content":"75B Retrospective commencement requires clear indication\n(1) A law must not be taken to provide for the law (or another law) to\ncommence retrospectively unless the law clearly indicates that it is to\ncommence retrospectively.\nThe XYZ Act 2003 was notified on 1 July 2003. It contains the following provision:\n2 Commencement\nThis Act is taken to have commenced on 17 October 2001.\nSection 2 clearly indicates that the Act is to commence retrospectively.\n","sortOrder":87},{"sectionNumber":"76","sectionType":"section","heading":"Non–prejudicial provision may commence retrospectively","content":"76 Non–prejudicial provision may commence retrospectively\n(1) A statutory instrument may provide that a non-prejudicial provision\nof the instrument commences retrospectively.\n(2) Unless this subsection is displaced by, or under authority given by,\nan Act, a statutory instrument cannot provide that a prejudicial\nprovision of the instrument commences retrospectively.\nThe Locust Damage Compensation Determination 2003 (a hypothetical\ndisallowable instrument) sets out (among other things) the people who are eligible\nfor compensation under a compensation fund. Previously, there was no restriction\non who was eligible. The determination provides that it is taken to have\ncommenced on 1 July 2003, but it is not notified until 15 August 2003. There is\nnothing in the Act under which the determination is made (or any other Act) that\nauthorises the retrospective commencement.\nThe provision of the determination that limits who can apply for compensation is a\nprejudicial provision (ie it adversely affects some people’s right to receive\ncompensation) and cannot commence retrospectively. Instead, it would commence\non the day after the determination’s notification day (see s 73 (3)).\n\nnon-prejudicial provision means a provision that is not a prejudicial\nprejudicial provision means a provision that operates to the\ndisadvantage of a person (other than the Territory or a territory\nauthority or instrumentality) by—\n(a) adversely affecting the person’s rights; or\n(b) imposing liabilities on the person.\n","sortOrder":88},{"sectionNumber":"77","sectionType":"section","heading":"Commencement by commencement notice","content":"77 Commencement by commencement notice\n(1) If a law is expressed to commence on a day fixed or otherwise\ndetermined by a notice—\n(a) a single day, or a time on a single day, may be fixed or\ndetermined; or\n(b) different days or times may be fixed or determined for different\nprovisions.\n(2) A commencement notice for a law is valid even if the day or time\nfixed or otherwise determined by the notice happens before the\nnotice’s notification day.\n(3) If the day or time fixed or otherwise determined by a commencement\nnotice for a law happens on or before the notice’s notification day,\nthe law commences on the day after the notice’s notification day.\n(4) However, subsection (3) does not apply to the commencement notice\nif—\n(a) the notice clearly indicates that the law is to commence at an\nearlier date or time; and\n\n(b) the notice provides for the earlier date or time under authority\ngiven by an Act.\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Separate commencement of amendments","content":"78 Separate commencement of amendments\n(1) Amendments made by a provision of a law may be given separate\ncommencements, whether or not the provision is self-contained.\n1 A provision of an amending law inserts 2 sections. The sections may be given\nseparate commencements.\n2 A provision of an amending law inserts a section that is divided into\nparagraphs. The paragraphs may be given separate commencements.\n79 Automatic commencement of postponed law\n(1) If a postponed law has not commenced within 6 months beginning on\nits notification day, it automatically commences on the first day after\nthat period.\n(2) This section applies to a law unless it is displaced by, or under\nauthority given by, an Act or, if the postponed law is a subordinate\nlaw or disallowable instrument, the postponed law.\nenact includes make.\n\nlaw means an Act, subordinate law, disallowable instrument or\nnotifiable instrument.\nNote A reference to an Act, subordinate law, disallowable instrument or\nnotifiable instrument includes a reference to a provision of the Act, law\nor instrument (see s 7, s 8, s 9 and s 10).\nnotification day, for a postponed law, means the notification day of—\n(a) if the postponed law is a law—the law; or\n(b) if the postponed law is a provision of a law—the law that enacts\nthe provision.\npostponed law means a law that does not commence on its\nnotification day because a law postpones its commencement until a\nday or time fixed or determined by a commencement notice.\n","sortOrder":90},{"sectionNumber":"79A","sectionType":"section","heading":"Commencement of amendment of uncommenced law","content":"79A Commencement of amendment of uncommenced law\n(1) This section applies if a law (the amending law) amends a law that\nhas not commenced (the uncommenced law).\n(2) The amendment of the uncommenced law does not of itself\ncommence that law.\n(3) The amendment made by the amending law commences on the\ncommencement of the uncommenced law.\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"References to commencement of law","content":"80 References to commencement of law\nIn a law, a reference to the commencement of the law, or another law,\n(the law concerned) is a reference to—\n(a) if the provisions of the law concerned (other than those\nproviding for its name and commencement) commence, or are\nrequired to commence, on a single day or at a single time—\nthe commencement of the remaining provisions; or\n\n(b) if paragraph (a) does not apply and the reference is in a provision\nof the law concerned—the commencement of the provision; or\n(c) in any other case—the commencement of the relevant provision\nof the law concerned.\n","sortOrder":92},{"sectionNumber":"81","sectionType":"section","heading":"Exercise of powers between notification and","content":"81 Exercise of powers between notification and\ncommencement\n(1) This section applies to a power to make an appointment or statutory\ninstrument, or to do anything else, in the following situations:\n(a) the power is given by a law (the authorising law) that has been\nnotified but has not commenced;\n(b) the power is given by a law (the authorising law) as amended\nby another law (the amending law) and the laws have been\nnotified, but all or any of them have not commenced.\nExamples—powers to which section applies\n1 power to delegate a function\n2 power to give or issue an approval, consent, licence, permit or other authority\n(however described)\n3 power to make an acting appointment\n4 power to issue guidelines\n(2) To remove any doubt and without limiting subsection (1), this section\napplies to any of the following powers if the power is to be exercised\nin relation to an entity to be established by the authorising law or the\nauthorising law as amended by the amending law:\n(a) a power to make an appointment to the entity;\n(b) a power to make a statutory instrument for the purposes of the\nentity;\n\n(c) a power to do anything else in relation to the entity.\nThis section applies to powers under an authorising law to be exercised in relation\nto the conduct of an election for members of a board to be established as a\ncorporation by the authorising law.\n(3) The power may be exercised at any time even though the authorising\nlaw, or the authorising law and amending law (or either of them), is\nnot in force at the time.\n(4) For the exercise of the power, the authorising law, or the authorising\nlaw and amending law, are taken to be in force at the time of the\nexercise of the power.\n(5) Also, anything else may be done under the power at any time for the\npurpose of bringing, or in relation to bringing, the authorising law, or\nthe authorising law as amended by the amending law, into operation.\n(6) If an appointment or statutory instrument made under this section\ndeclares that this subsection applies to it, then, unless the appointment\nor instrument commences on a different date or at a different time\nunder another provision of this chapter, the appointment or\ninstrument commences on—\n(a) for an appointment or statutory instrument that is a legislative\ninstrument—the day after its notification day; or\n(b) for any other appointment or statutory instrument—the day after\nthe day it is made or, if it is required under an Act or statutory\ninstrument to be approved (however described) by the\nExecutive, a Minister or any other entity, the day after the day it\nis approved.\n(7) In any other case, an appointment or statutory instrument made under\nthis section commences on the latest of the following:\n(a) the commencement of the authorising law or, if\nsubsection (1) (b) applies and the amending law commences\nafter the authorising law, the commencement of the amending\nlaw;\n\n(b) on the day or at the time the appointment or instrument would\nhave commenced if it had not been made under this section.\n(8) In the application of this section to a statutory instrument that is not a\nlegislative instrument, a reference to the instrument being notified is\na reference to the instrument being made or, if it is required under an\nAct or statutory instrument to be approved (however described) by\nthe Executive, a Minister or any other entity, to the instrument being\napproved.\n\n","sortOrder":93},{"sectionNumber":"82","sectionType":"section","heading":"Definitions—ch 9","content":"82 Definitions—ch 9\namend includes modify.\nrepeal includes lapse and expire.\n","sortOrder":94},{"sectionNumber":"83","sectionType":"section","heading":"Consequences of amendment of statutory instrument by","content":"83 Consequences of amendment of statutory instrument by\nAct\n(1) If an Act amends a statutory instrument, the instrument may be\namended or repealed as if the amendment had been made by another\nstatutory instrument of that kind.\n","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Saving of operation of repealed and amended laws","content":"84 Saving of operation of repealed and amended laws\n(1) The repeal or amendment of a law does not—\n(a) revive anything not in force or existing when the repeal or\namendment takes effect; or\n(b) affect the previous operation of the law or anything done, begun\nor suffered under the law; or\n(c) affect an existing right, privilege or liability acquired, accrued\nor incurred under the law.\n\nGeneral Part 9.1\n(2) An investigation, proceeding or remedy in relation to an existing\nright, privilege or liability under the law may be started, exercised,\ncontinued or completed, and the right, privilege or liability may be\nenforced and any penalty imposed, as if the repeal or amendment had\nnot happened.\n(3) Without limiting subsections (1) and (2), the repeal or amendment of\na law does not affect—\n(a) the proof of anything that has happened; or\n(b) any right, privilege or liability saved by the law.\n(4) This section does not limit any other provision of this chapter and is\nin addition to any provision of the law by which the repeal or\namendment is made.\nliability includes liability to penalty for an offence against the law.\npenalty includes punishment and forfeiture.\nprivilege includes immunity.\nright includes capacity, interest, status and title.\n","sortOrder":96},{"sectionNumber":"84A","sectionType":"section","heading":"Creation of offences and changes in penalties","content":"84A Creation of offences and changes in penalties\n(1) If a law makes an act or omission an offence, the act or omission is\nonly an offence if done or not done after the law commences.\n(2) If a law increases the maximum or minimum penalty, or the penalty,\nfor an offence, the increase applies only to an offence committed after\nthe law commences.\n\n(3) If a law reduces the maximum or minimum penalty, or the penalty,\nfor an offence, the reduction applies to an offence committed before\nor after the law commences, but does not affect any penalty imposed\nbefore the law commences.\nlaw means an Act or subordinate law.\nprovision of the Act or instrument (see s 7 and s 8).\n\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"When repeal takes effect","content":"85 When repeal takes effect\n(1) This section applies if a law is repealed on a day.\n(2) If the law is remade on that day (with or without changes), the repeal\ntakes effect when the remade law commences.\nNote Under s 74, if a law commences on a day, it commences at the beginning\nof the day unless otherwise provided.\n(3) If the law is not remade on that day (with or without changes), the\nlaw continues in force until the end of the day and the repeal takes\neffect at midnight on the day.\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Repealed and amended laws not revived on repeal of","content":"86 Repealed and amended laws not revived on repeal of\nrepealing and amending laws\n(1) If a law (the first law) is repealed by another law (the other law), the\nfirst law is not revived only because the other law is repealed.\n(2) If a law (the first law) is amended by another law (the other law), the\ncontinuing operation of the amendments made by the other law is not\naffected only because the other law is repealed and, in particular, the\nfirst law is not revived in the form in which it was in before the\namendments took effect only because of the repeal.\n(3) This section does not limit any other provision of this chapter and is\n\namended does not include modified.\nlaw includes a rule of the common law (including equity).\n1 a common law offence\n2 a common law rule of practice or procedure\n3 a right to equitable relief\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Commencement not undone if repealed","content":"87 Commencement not undone if repealed\n(1) If a provision of a law providing for the commencement of the law is\nrepealed after the law has commenced, the repeal of the provision\ndoes not affect the continuing operation of the law.\n(2) If a commencement notice providing for the commencement of a law\nis repealed after the law has commenced, the repeal of the notice does\nnot affect the continuing operation of the law.\n(3) This section does not limit any other provision of this chapter and is\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Repeal does not end effect of transitional laws etc","content":"88 Repeal does not end effect of transitional laws etc\n(1) The continuing operation of a transitional law or validating law is not\naffected only because the law is repealed.\n(2) Subsection (1) does not apply to a law that is a transitional law or\nvalidating law because of modifications that it makes to another law.\n\n(3) If a law (the savings law) declares a law (the declared law) to be a\nlaw to which this section applies—\n(a) the effect of the declared law does not end only because of its\nrepeal; and\n(b) the effect of the savings law does not end only because of its\nrepeal.\n(4) A declaration may be made for subsection (3) about a law whether or\nnot the Act is a law to which subsection (1) applies.\n(5) A declaration made for subsection (3) about a law does not imply that,\nin the absence of a declaration about it, another law is not a law to\nwhich this section applies.\n(6) This section does not limit any other provision of this chapter and is\n(8) To remove any doubt and without limiting section 6 (Legislation Act\nprovisions must be applied), the application of this section to a law is\nnot displaced only because the law is repealed and, in particular, the\nrepeal of the law does not of itself imply an intention to displace the\napplication of this section to the law.\n(9) In this section:\ntransitional law means—\n(a) a law made or expressed to be made for a transitional purpose;\nor\n\n(b) a law that makes provision consequential on a law mentioned in\nparagraph (a).\n1 a provision stating that an existing licence under a repealed Act is taken to be\na licence of a particular kind under another Act and authorising the imposition\nof conditions under the other Act\n2 a provision stating that a provision applies to certain applications made before\nthe commencement of an amendment or only to applications made after the\ncommencement of an amendment\n3 a declaration made for s (3)\nNote Transitional is defined in the dictionary to include application and\nsavings.\nvalidating law means—\n(a) a law that validates something that is or may be invalid; or\n(b) a law that makes provision consequential on a law mentioned in\nparagraph (a).\n1 a provision declaring an instrument to have been validly made and acts done\nin reliance on the instrument to have been validly done\n2 a provision stating that an instrument that is declared valid is taken to have\nbeen amended in a particular way\n","sortOrder":101},{"sectionNumber":"89","sectionType":"section","heading":"Automatic repeal of certain laws and provisions","content":"89 Automatic repeal of certain laws and provisions\n(1) An amending law is automatically repealed on the day after—\n(a) all of its provisions have commenced; or\n(b) the last of its provisions that have not commenced are omitted\nor cannot commence.\nExample—provision that can no longer commence\nThe ABC Act 2005 includes a provision that amends the XYZ Act 2000. Before the\nprovision commences, the XYZ Act 2000 is repealed. The provision can, therefore,\nno longer commence.\n\n(2) An appropriation Act is automatically repealed on the last day of the\nfinancial year for which it makes appropriations.\n(3) An amending provision of a law is automatically repealed\nimmediately after all of the amendments and repeals made by it (or to\nwhich it relates) have commenced.\n(4) A commencement provision of a law is automatically repealed\nimmediately after all of the provisions of the law have commenced.\n(5) A commencement notice is automatically repealed on the day after\nthe day, or the last of the days, fixed or otherwise determined by the\nnotice for the commencement of a law.\n(6) If an instrument making, or evidencing, an appointment (including an\nacting appointment) is a legislative instrument, the instrument is\nautomatically repealed—\n(a) on the day the appointment ends; or\n(b) if the instrument makes 2 or more appointments that end on\ndifferent days—on the day the last-ending appointment ends.\n(7) A repeal under this section has effect for all purposes, including, for\nexample, any other provisions of this chapter about repeals.\n(8) If apart from this subsection a law would be automatically repealed\non a day that is earlier than its notification day, the law is instead\nautomatically repealed on the day after its notification day.\n(9) In the application of subsection (8) to a statutory instrument that is\nnot a legislative instrument, a reference to the instrument’s\nnotification day is a reference to the day after the day it is made or, if\nit is required under an Act or statutory instrument to be approved\n(however described) by the Executive, a Minister or any other entity,\nthe day after the day it is approved.\n\n(10) This section does not limit any other provision of this chapter.\n(12) In this section:\namend does not include modify.\namending law means a law that consists only of provisions of the\nfollowing kinds:\n(a) for an Act—the Act’s long title;\n(b) a preamble or recital (however described);\n(c) a provision about the law’s name;\n(d) a provision about the law’s commencement;\n(e) a provision about the purposes of the law or any of its\nprovisions;\n(f) a provision about the effect of notes;\nNote A note itself is not part of an Act or statutory instrument (see\ns 127).\n(g) a provision providing for the amendment or repeal of a law\n(including a provision identifying the amended or repealed law);\n(h) a provision declaring a law to be a law to which section 88\n(Repeal does not end effect of transitional laws etc) applies;\n(i) a provision about the renumbering of a law;\n(j) a provision authorising or requiring something to be done under\nchapter 11 (Republication of Acts and statutory instruments).\n\namending provision, of a law, means a provision of the law that only\namends or repeals a law, and includes—\n(a) any other provision (for example, a schedule) of the law that\nonly identifies the law amended or repealed; and\n(b) any other provision (for example, a part heading) of the law that\nonly identifies (or groups) provisions that are amended or\nrepealed.\nappropriation Act—see the Financial Management Act 1996,\ndictionary.\ncommencement provision, of a law, means a provision of the law that\nonly provides for the commencement of the law.\n\n","sortOrder":102},{"sectionNumber":"90","sectionType":"section","heading":"Law and amending laws to be read as one","content":"90 Law and amending laws to be read as one\nA law and all laws amending it are to be read as one.\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Insertion of provisions by amending law","content":"91 Insertion of provisions by amending law\n(1) This section applies if a law (the amending law) amends another law\n(the amended law) by inserting any of the following provisions, and\ndoes not exactly specify the position in the amended law where it is\nto be inserted:\n(a) a chapter, part, division, subdivision, section or subsection\n(an inserted chapter, part, division, subdivision, section or\nsubsection);\n(b) a paragraph (an inserted paragraph);\n(c) a subparagraph (an inserted subparagraph);\n(d) a sub-subparagraph (an inserted sub-subparagraph);\n(e) a definition (an inserted definition);\n(f) any other provision (a miscellaneous inserted provision).\n(2) An inserted chapter, part, division, subdivision, section or subsection\nis inserted in the appropriate numerical or alphanumerical position in\nthe amended law.\n(3) An inserted paragraph is inserted in the appropriate alphabetical\nposition in the amended law.\n(4) An inserted subparagraph is inserted in the appropriate numerical or\nalphanumerical position in the amended law.\n(5) An inserted sub-subparagraph is inserted in the appropriate\nalphabetical position in the amended law.\n\n(6) An inserted definition is inserted in the appropriate alphabetical\nposition (worked out on a letter-by-letter basis) in a series of\ndefinitions in the amended law.\n(7) A miscellaneous inserted provision is inserted in the appropriate\nposition in the amended law.\n(8) In applying this section to a law that is divided otherwise than into\nsections, a reference to a section or subsection is a reference to a\ncorresponding provision of the law.\n(9) In working out the appropriate position where a provision is to be\ninserted in the amended law, regard may be had to the following:\n(a) the provision number or letter;\n(b) the heading of the relevant amending provision of the amending\nlaw;\n(c) any other amendments in the amending law including the order\nof amendments;\n(d) anything else in the amending law or amended law;\n(e) current legislative drafting practice.\n(10) This section is a determinative provision.\n(11) In this section:\ninsert includes relocate.\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Amendment to be made wherever possible","content":"92 Amendment to be made wherever possible\n(1) If a law amends another law—\n(a) by omitting a word; or\n(b) by substituting a word for another word; or\n\n(c) by inserting a word before or after a particular word;\nthe amendment is to be made wherever possible in the other law.\n","sortOrder":105},{"sectionNumber":"93","sectionType":"section","heading":"Provisions included in another provision for amendment","content":"93 Provisions included in another provision for amendment\npurposes\n(1) This section applies for the purpose of amending a law.\n(2) The heading to a chapter, part, division, subdivision, schedule,\ndictionary, section or any other provision of the law forms part of the\nprovision to which it is a heading.\n(3) An example at the end of a provision of the law is part of the provision\nunless the example is expressed in a way that indicates that it applies\nonly to another provision.\n(4) A note at the end of a provision of the law is taken, for this section,\nto be part of the provision unless the note is expressed in a way that\nindicates that it applies only to another provision.\n(5) However, a note in a law is not, for any other purpose, part of the law.\nNote Section 127 (Material that is not part of Act or statutory instrument) deals\nwith the status of notes.\n(6) A penalty at the end of a subsection of the law—\n(a) is part of the subsection unless the penalty is expressed in a way\nthat indicates that it applies only to other subsections of the\nsection; or\n(b) if the penalty is expressed in a way that indicates that it applies\nonly to other subsections—is part of the section.\n(7) A penalty at the end of a section of the law that is not divided into\nsubsections is part of the section.\n\n(8) The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a\nparagraph, subparagraph, sub-subparagraph or another provision of\nthe law is part of the provision.\n(9) In working out whether an example or note is at the end of a provision\nof the law, any penalty is to be disregarded, and, for an example, any\nnote is to be disregarded.\nNote According to current legislative drafting practice, examples, notes and\npenalties to a provision are arranged in the following order at the end of\nprovisions:\n1 penalty (first)\n2 examples\n3 notes (last).\n(10) In applying this section to a law that is divided otherwise than into\nsections, a reference to a section or subsection is a reference to a\ncorresponding provision of the law.\n","sortOrder":106},{"sectionNumber":"94","sectionType":"section","heading":"Continuance of appointments etc made under amended","content":"94 Continuance of appointments etc made under amended\n(a) a law expressly or impliedly authorises or requires—\n(i) the making of an appointment or statutory instrument; or\n(ii) the delegation of a function; or\n(iii) the issue of a licence or permit (however described); or\n(iv) the doing (however described) of anything else; and\n(b) the law is amended by another law; and\n\n(c) under the amended law—\n(i) the appointment or statutory instrument may be made; or\n(ii) the function may be delegated; or\n(iii) the licence or permit may be issued; or\n(iv) the thing may be done;\nwhether by the same or a different entity.\nExamples—par (a) (iv)\n1 the giving of an approval, consent or permission\n2 the making of a recommendation\n(2) An appointment, statutory instrument, delegation, licence, permit or\nanything else mentioned in subsection (1) that was in force\nimmediately before the commencement of the amendment continues\nto have effect as if it had been made, issued or done (however\ndescribed) under the amended law.\namend includes omit and re-enact in the same law (with or without\nchanges), but does not include omit and re-enact in another law.\nappointment includes acting appointment.\n","sortOrder":107},{"sectionNumber":"95","sectionType":"section","heading":"Status of modifications","content":"95 Status of modifications\n(1) If a law is modified by another law, the law operates as modified but\nthe modification does not amend the text of the law.\n\n","sortOrder":108},{"sectionNumber":"96","sectionType":"section","heading":"Relocated provisions","content":"96 Relocated provisions\n(1) This section applies if a provision of a law is relocated (with or\nwithout changes) to a different place in the same law or to a different\nlaw.\n(2) The operation or meaning of the provision is not affected only\nbecause of the provision’s relocation.\n(3) Without limiting subsection (2), if before its relocation the provision\nwas to be interpreted in a particular way, it is to be interpreted in that\nway in its new location.\n(4) However, the provision has effect subject to any changes made to, or\nin relation to, it.\n\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Definitions—ch 10","content":"97 Definitions—ch 10\n(1) In this chapter:\nACT law means an Act or statutory instrument.\nlaw means an ACT law or a law of another jurisdiction.\nlaw of another jurisdiction means an Act or statutory instrument of\nanother jurisdiction, and includes a provision of an Act or statutory\ninstrument of another jurisdiction.\nNote Another jurisdiction means the Commonwealth, a State, another\nTerritory, the United Kingdom or New Zealand (see dict, pt 2).\nAct, in relation to another Territory, includes ordinance.\nstatutory instrument, of another jurisdiction, means an instrument\n(whether or not legislative in nature) made under—\n(a) an Act of the other jurisdiction; or\n(b) another statutory instrument of the other jurisdiction; or\n(c) power given by an Act or statutory instrument of the other\njurisdiction and also power given otherwise by law.\n\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"References to ACT law include law containing reference","content":"98 References to ACT law include law containing reference\nIn an ACT law, a reference in general terms to an ACT law of the\nsame kind includes a reference to the law itself.\nThe ABC Act 2001, s 27 gives a power to confiscate property under certain\ncircumstances. Section 93 of the same Act provides ‘If an Act authorises the\nconfiscation of property, the owner of the property has a right of appeal to the\nMagistrates Court.’ The right of appeal under s 93 also applies to the power given\nby s 27 because the reference to ‘an Act’ in s 93 includes a reference to the ABC\nAct 2001.\n","sortOrder":111},{"sectionNumber":"99","sectionType":"section","heading":"References in ACT statutory instruments to the Act","content":"99 References in ACT statutory instruments to the Act\nIn a statutory instrument, a reference to Act or the Act, without\nmentioning a particular Act, is a reference to the Act under which the\ninstrument is made or in force.\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Referring to particular ACT laws","content":"100 Referring to particular ACT laws\n(1) An Act may be referred to by—\n(a) the name the Act gives to itself; or\n(b) the year it was passed and its number, together with a reference\n(if necessary) to indicate that it is an Act.\n(2) A statutory instrument may be referred to by—\n(a) any name the instrument gives to itself; or\n(b) if the instrument was notified in the register, the gazette or\notherwise under section 61 (2) (b) and was numbered under this\nAct or another territory law—the year it was notified and its\nnumber, together with a reference (if necessary) to the kind of\ninstrument; or\n(c) if the instrument was not notified but was numbered under a\nterritory law—the year it was made and its number, together\nwith a reference (if necessary) to the kind of instrument; or\n\n(d) if the instrument was notified in the gazette before the\ncommencement of this Act—the number, date and page of the\ngazette where it was notified; or\n(e) the date it was made, together with a reference to the Act or\nstatutory instrument under which it was made.\n","sortOrder":113},{"sectionNumber":"101","sectionType":"section","heading":"Referring to particular laws of other jurisdictions etc","content":"101 Referring to particular laws of other jurisdictions etc\n(1) In an ACT law, a law of another jurisdiction (the relevant law) may\nbe referred to—\n(a) by the name the relevant law gives to itself; or\n(b) in any other way sufficient in a law of the other jurisdiction for\nreferring to the relevant law; or\n(c) in any way that, under current legislative drafting practice,\nwould be sufficient for referring to the relevant law if it were an\nACT law;\ntogether with a reference to the jurisdiction (or an abbreviation of the\njurisdiction).\n(2) In an ACT law, a provision of a law of another jurisdiction may be\nreferred to—\n(a) in a way sufficient in a law of the other jurisdiction for referring\nto the provision; or\n(b) in any way that, under current legislative drafting practice,\nwould be sufficient for referring to the provision if it were a\nprovision of an ACT law.\n(3) Subsection (2) does not limit any other provision of this chapter.\n\n","sortOrder":114},{"sectionNumber":"102","sectionType":"section","heading":"References to laws include references to laws as in force","content":"102 References to laws include references to laws as in force\nfrom time to time\n(1) In an ACT law, a reference to a law includes a reference to the\n(a) the law as originally made, and as amended from time to time\nsince it was originally made;\n(b) if the law has been repealed and remade (with or without\nchanges) since the reference was made—the law as remade\n(or last remade), and as amended from time to time since it was\nremade (or last remade);\n(c) if a relevant provision of the law has been omitted and remade\n(with or without changes) in another law since the reference was\nmade—the law in which the provision was remade (or last\nremade), as in force when the provision was remade (or last\nremade), and as amended from time to time since the provision\nwas remade (or last remade).\n(2) In an ACT law, a reference to a provision of a law includes a reference\nto the following:\n(a) the provision as originally made, and as amended from time to\ntime since it was originally made;\n(b) if the provision has been omitted and remade (with or without\nchanges and whether in the law or another law) since the\nreference was made—the provision as remade (or last remade),\nand as amended from time to time since it was remade (or last\nremade).\n(3) To remove any doubt, if the name of a law is amended, a reference in\nan ACT law to the law by its name before the amendment includes a\nreference to the law by its name as amended.\n(4) This section is subject to section 47 (Statutory instrument may make\nprovision by applying law or instrument).\n\nmade includes enacted.\n","sortOrder":115},{"sectionNumber":"103","sectionType":"section","heading":"References to repealed laws","content":"103 References to repealed laws\nIn an ACT law, a reference to a law as repealed is a reference to the\nlaw as in force immediately before it was repealed.\n","sortOrder":116},{"sectionNumber":"104","sectionType":"section","heading":"References to laws include references to instruments","content":"104 References to laws include references to instruments\nunder laws\n(1) In an ACT law, a reference (either generally or specifically) to a law\nincludes a reference to the statutory instruments made or in force\nunder the law.\n(2) In subsection (1), a reference to the statutory instruments made or in\nforce under the law includes a reference to any law or instrument\napplied, adopted or incorporated (with or without change) under the\nlaw.\n(3) This chapter applies to an instrument applied, adopted or incorporated\nunder a law as if—\n(a) the instrument were a law; and\n(b) any other necessary changes were made.\n","sortOrder":117},{"sectionNumber":"105","sectionType":"section","heading":"Referring to provisions of laws","content":"105 Referring to provisions of laws\nIn an ACT law, a provision of a law may be referred to by reference\nto the provision of the law in which it is contained.\nParagraph (b) of subsection (2) of section 10 of an Act may be referred to by\nreference to the section, subsection and paragraph, that is, as section 10 (2) (b).\n\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"References to provisions of laws are inclusive","content":"106 References to provisions of laws are inclusive\nIn an ACT law, a reference to any part of a law is a reference to the\n(a) the provision of the law that begins the part;\n(b) the provision of the law that ends the part;\n(c) any provision of the law between the beginning and end of the\npart.\n1 A reference to ‘sections 5 to 9’ includes both section 5 and section 9.\n2 A reference to ‘sections 260 to 264’ includes a provision such as a part heading\nbetween section 260 and section 261.\n3 A reference to ‘from child to adult’ includes both the word ‘child’ and the word\n‘adult’.\n106A References to paragraphs etc of laws\n(1) In an ACT law, a reference to a paragraph of a provision of a law\nincludes any words in the provision before or after the paragraph that\nare necessary or desirable to make the reference meaningful.\nNote Although this section contains a reference to an ACT law and a reference\nto a law, s 98 makes it clear that the references can be to the same law.\nparagraph includes a subparagraph and a sub-subparagraph.\n\n","sortOrder":119},{"sectionNumber":"Part 11","sectionType":"part","heading":"Republication of Acts and","content":"Chapter 11 Republication of Acts and\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Definitions—ch 11","content":"107 Definitions—ch 11\nlaw means an Act or statutory instrument, whether or not it has been\namended, and includes—\n(a) a collection of 2 or more Acts or statutory instruments; or\n(b) all or part of an agreement or other instrument that has the force\nof law or is in, or attached to, an Act or statutory instrument.\nrepublication means a republication of a law.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Republication in register","content":"108 Republication in register\n(1) The parliamentary counsel may republish a law by entering the text\nof the law in the register.\n(2) This section does not limit the ways in which the parliamentary\ncounsel may republish a law.\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Republications may be published with other information","content":"109 Republications may be published with other information\nThe parliamentary counsel may publish information not required by\nthis chapter with a written or electronic version of an authorised\nrepublication if the parliamentary counsel considers that the\ninformation is likely to be useful to users of the republication.\n\nGeneral Part 11.1\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Collections of laws","content":"110 Collections of laws\n(1) If the parliamentary counsel authorises under this Act the\nrepublication of 2 or more laws in a collection, this chapter applies to\neach of the laws in the collection as if it were republished separately.\n(2) This section does not prevent the use of—\n(a) a single contents for the collection; or\n(b) information applying to 2 or more laws in the collection.\n\nPart 11.2 Substantive amendments made by laws\nPart 11.2 Substantive amendments made\nby laws\n111 Incorporation of amendments\n(1) This section applies to a law if the law has been amended by another\nlaw by the omission, insertion, substitution, renumbering or\nrelocation of provisions.\n(2) An authorised republication of the law must show the law as amended\nby all amendments that commenced on or before the day stated in the\nrepublication as the republication date.\n(3) This section does not prevent an authorised republication of the law\nshowing the law as it would be amended by amendments that have\nnot commenced on or before the republication date if the\nrepublication indicates, in a suitable place, that the amendments have\nnot commenced.\n","sortOrder":124},{"sectionNumber":"112","sectionType":"section","heading":"Reference to amending laws","content":"112 Reference to amending laws\nAn authorised republication of a law that shows the law as amended\nmust include, in a suitable place, a reference to the law by which each\namendment was made.\n","sortOrder":125},{"sectionNumber":"113","sectionType":"section","heading":"Provisions not republished or relocated","content":"113 Provisions not republished or relocated\n(1) This part does not require—\n(a) every provision of a law to be shown in an authorised\nrepublication of the law; or\n(b) each provision of a law to be shown in an authorised\nrepublication of the law in the place in the law where it was\nlocated when the provision was made.\n\nSubstantive amendments made by laws Part 11.2\n(2) If a provision of a law is not shown in an authorised republication,\nthe republication must indicate that fact in a suitable place.\n(3) If a provision of a law is shown in an authorised republication in a\ndifferent place in the law to the place where it was located when the\nprovision was made, the republication must indicate that fact in a\nsuitable place.\n\n","sortOrder":126},{"sectionNumber":"114","sectionType":"section","heading":"Authorisation for parliamentary counsel","content":"114 Authorisation for parliamentary counsel\nIn preparing a law for republication, the parliamentary counsel is\nauthorised—\n(a) to make editorial amendments and other textual amendments of\na formal nature that the parliamentary counsel considers\ndesirable to bring the law into line, or more closely into line,\nwith current legislative drafting practice; and\n(b) to make other editorial changes by way of format, layout or\nprinting style, or in any other presentational respect, that the\nparliamentary counsel considers desirable to bring the law into\nline, or more closely into line, with current legislative drafting\npractice.\n","sortOrder":127},{"sectionNumber":"115","sectionType":"section","heading":"Amendments not to change effect","content":"115 Amendments not to change effect\nThis part does not permit the making of an amendment of a law that\nwould change the effect of the law.\n","sortOrder":128},{"sectionNumber":"116","sectionType":"section","heading":"Ambit of editorial amendments","content":"116 Ambit of editorial amendments\n(1) An editorial amendment of a law is an amendment that—\n(a) corrects a typographical error; or\n(b) corrects or updates a reference to a law, position, entity, place or\nthing; or\n(c) goes only to a matter of spelling, punctuation, grammar or\nsyntax or the use of conjunctives and disjunctives; or\n(d) changes the name of the law or a provision of the law; or\n(e) numbers or renumbers a provision of the law; or\n(f) changes the order of definitions or other provisions of the law;\nor\n\nEditorial changes Part 11.3\n(g) replaces a reference to a provision of a law with a different form\nof reference to the provision; or\n(h) changes the way of referring to or expressing a number, year,\ndate, time, amount of money, penalty, quantity, measurement,\nor other matter, idea or concept; or\n(i) replaces a word indicating gender or that could be taken to\nindicate gender in accordance with current legislative drafting\npractice; or\n(j) replaces a reference to the Queen, the King or the Crown with a\nreference to the Sovereign or the Territory; or\n(k) omits—\n(i) the enacting words or the law-making words (including\nany signatures); or\n(ii) a provision that consists only of a description of how the\nlaw is arranged into groups of provisions; or\n(iii) a provision that has expired, the operation of which is\nexhausted or spent or that is otherwise obsolete or\nredundant; or\n(l) omits, inserts or changes a referential term; or\n(m) inserts, omits or changes a note; or\n(n) updates a reference to the heading to a provision; or\n(o) is consequential on any amendment made to the law by another\nlaw; or\n\n(p) is consequential on any other editorial amendment (whether\nmade to that law or another law).\nExamples—consequential amendments—par (o)\n1 If an amendment adds 1 or more subsections to a section that is not already\ndivided into subsections, the subsection number (1) may be inserted.\n2 If an amendment omits subsection (1) from a section with 2 subsections, the\nsubsection number (2) may be omitted.\n3 If an amendment omits subsection (2) from a series of 4 subsections\n(subsections (1) to (4)), subsections (3) and (4) may be renumbered as\nsubsections (2) and (3).\n4 If an amendment adds a new subsection (3A) to a series of 5 subsections\n(subsections (1) to (5)), the new subsection and subsections (4) and (5) may\nbe renumbered as subsections (4), (5), and (6).\n5 If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs\n(a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and\n(c).\n6 If an amendment adds a new paragraph (aa) to a series of 3 paragraphs\n(paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a),\n(b), (c) and (d).\n7 If an amendment makes a change mentioned in any of examples 1 to 6, a cross-\nreference in any law to any of the provisions that have been renumbered may\nbe correspondingly renumbered.\n8 If an amendment adds a paragraph as the last paragraph in a series of\nparagraphs that end in a full stop, the full stop may be changed to a semicolon\nand, if the series of paragraphs is joined by a conjunction (eg ‘and’), the\nconjunction may be added after the semicolon.\n9 If an amendment omits a section example from a section that has 2 section\nexamples, the number of the remaining example may be omitted.\n10 If an amendment adds a subsection note to a subsection that already has a\nsubsection note, the notes may be numbered.\nlaw includes a law of another jurisdiction.\nlaw of another jurisdiction—see section 97 (1).\n\nEditorial changes Part 11.3\nreferential term means a term that identifies a provision as a\nprovision, or part of a provision, of the Act, statutory instrument or\nprovision in which it appears.\n1 of this Act\n2 of this section\n3 hereof\n4 said\n","sortOrder":129},{"sectionNumber":"117","sectionType":"section","heading":"Legal effect of editorial changes","content":"117 Legal effect of editorial changes\n(1) A law that is amended or otherwise changed under this part in\npreparing an authorised republication of the law has effect for all\npurposes, on and after the republication date, as if the changes had\nbeen made by an Act that commenced on the republication date.\n(2) Without limiting subsection (1), section 83 (Consequences of\namendment of statutory instrument by Act) applies to an amendment\nmade under this part as if the amendment had been made by an Act.\n(3) This section is subject to section 115 (Amendments not to change\neffect).\n","sortOrder":130},{"sectionNumber":"118","sectionType":"section","heading":"Reference to editorial amendments","content":"118 Reference to editorial amendments\nIf a law is amended under this part in preparing an authorised\nrepublication of the law, the republication must indicate that fact in a\nsuitable place.\n\n","sortOrder":131},{"sectionNumber":"Part 12","sectionType":"part","heading":"Scope of Acts and statutory","content":"Chapter 12 Scope of Acts and statutory\n","sortOrder":132},{"sectionNumber":"120","sectionType":"section","heading":"Act to be interpreted not to exceed legislative powers of","content":"120 Act to be interpreted not to exceed legislative powers of\n(1) An Act is to be interpreted as operating to the full extent of, but not\nto exceed, the legislative power of the Legislative Assembly.\n(2) Without limiting subsection (1), if a provision of an Act would, apart\nfrom this section, be interpreted as exceeding the legislative power of\nthe Legislative Assembly—\n(a) the provision is valid to the extent to which it does not exceed\npower; and\n(b) the remainder of the Act is not affected.\n(3) Without limiting subsection (1), if the application of a provision of an\nAct to a matter would, apart from this section, be interpreted as\nexceeding power, the provision’s application to other matters is not\naffected.\n(4) This section is in addition to any provision of the Act itself.\nNote For the equivalent provision for statutory instruments, see s 43.\n","sortOrder":133},{"sectionNumber":"121","sectionType":"section","heading":"Binding effect of Acts","content":"121 Binding effect of Acts\n(1) An Act binds everyone, including people who are not Australian\ncitizens and all governments.\nNote See the Self-Government Act, s 27 which provides that, except as\nprovided by the regulations under that Act, an ACT enactment does not\nbind the Crown in right of the Commonwealth. See also s 120.\n\nScope of Acts and statutory instruments Chapter 12\n(2) However, an Act does not bind the Territory to the extent that it\nrequires or otherwise provides for the payment of money that, on\npayment, would form part of the public money of the Territory.\n(3) Also, subsection (1) does not make a government liable to be\nprosecuted for an offence.\n(4) To the extent that an Act does not bind a government, the same degree\nof immunity extends to a government entity in relation to an\nauthorised act or omission of the entity.\nauthorised—an act or omission of a government entity is authorised\nif—\n(a) for an instrumentality—the act or omission relates to a matter\nwithin the scope of the instrumentality’s functions; and\n(b) for an officer or employee of the government—the act or\nomission relates to a matter within the scope of the duties of the\nofficer or employee; and\n(c) for a contractor who exercises a function on behalf of the\ngovernment—the act or omission relates to a matter within the\nscope of the contract; and\n(d) for anyone else who exercises a function on behalf of the\ngovernment—the act or omission relates to a matter within the\nscope of the person’s engagement.\ngovernment includes the Territory, the Commonwealth, a State,\nanother Territory or New Zealand.\n\ngovernment entity includes—\n(a) an instrumentality, officer or employee of the government; and\n(b) a contractor or anyone else who exercises a function on behalf\nof the government.\n","sortOrder":134},{"sectionNumber":"122","sectionType":"section","heading":"Application to Territory","content":"122 Application to Territory\n(1) In an Act or statutory instrument—\n(a) a reference to an entity or position by name or description is a\nreference to the entity or position of that name or description in\nor for the Territory; and\n(b) a reference to a place, jurisdiction or anything else by name or\ndescription is a reference to the place, jurisdiction or thing of\nthat name or description in or for the Territory.\n(2) If the name of an entity or position established under an Act or\nstatutory instrument includes the words ‘of the Australian Capital\nTerritory’, ‘for the Australian Capital Territory’, ‘(ACT)’, or words\nhaving a similar effect, a reference in an Act or statutory instrument\nto the entity or position need not include the words.\n\nGeneral Part 13.1\nChapter 13 Structure of Acts and statutory\n125 Meaning of law—ch 13\n126 Material that is part of Act or statutory instrument\n(1) A heading to a chapter, part, division, subdivision, schedule, or\nanother provision (other than a section or subsection), of or to an Act\nor statutory instrument is part of the Act or instrument.\n(2) A heading to a section or subsection of an Act or statutory instrument\nis part of the Act or instrument if—\n(a) the Act was enacted, or the instrument was made, after\n1 January 2000; or\n(b) the heading was amended or inserted into the Act or instrument\nafter 1 January 2000.\n(3) A preamble or other recital to an Act or statutory instrument is part\nof the Act or instrument.\n(4) An example or diagram in an Act or statutory instrument is part of the\nAct or instrument.\n(5) A schedule, dictionary or appendix to an Act or statutory instrument\nis part of the Act or instrument.\n\n(6) Punctuation in an Act or statutory instrument is part of the Act or\n(7) A provision number in an Act or statutory instrument is part of the\nAct or instrument.\n(8) In applying this section to an Act or statutory instrument that is\ndivided otherwise than into sections, a reference to a section or\nsubsection is a reference to a corresponding provision of the Act or\n","sortOrder":135},{"sectionNumber":"127","sectionType":"section","heading":"Material that is not part of Act or statutory instrument","content":"127 Material that is not part of Act or statutory instrument\n(1) A footnote, endnote, or other note, in or to an Act or statutory\ninstrument is not part of the Act or instrument.\n(2) A table of contents (however described), or reader’s guide or index,\nin or to an Act or statutory instrument is not part of the Act or\n(3) A heading to a section or subsection of an Act or statutory instrument\nis not part of the Act or instrument if section 126 (2) does not apply\nto the heading.\n(4) This section does not prevent the amendment of a note, table, guide,\nindex or heading mentioned in subsection (1), (2) or (3).\n(5) However, such a note, table, guide or index does not become part of\nthe Act or statutory instrument because it is amended or inserted by\nan Act or instrument.\n\nGeneral Part 13.1\n(6) In applying this section to an Act or statutory instrument that is\ndivided otherwise than into sections, a reference to a section or\nsubsection is a reference to a corresponding provision of the Act or\n\n","sortOrder":136},{"sectionNumber":"130","sectionType":"section","heading":"What is a definition?","content":"130 What is a definition?\nA definition is a provision (however expressed) of an Act or statutory\ninstrument that—\n(a) gives a meaning to a term; or\n(b) limits or extends the meaning of a term.\nExamples—definitions\n1 X means Y.\n2 X includes Y.\n3 X means Y, and includes Z.\n4 A reference to X is a reference to Y.\n5 X—see section Y.\n6 X—see the XYZ Act 1999, section Y.\n7 In a proceeding against a person (the retailer), it is a defence if the retailer\nestablishes that the goods were bought honestly.\n8 excluded—a claim is excluded if the claim is not brought within 1 year after\nthe day the claimant becomes aware of the failure to account to which the\nclaim relates.\n9 A term used in the XYZ Act 2003 has the same meaning in this Act.\n10 A term defined in the XYZ Act 2003 has the same meaning in this Act.\nNote 1 Examples 5 and 6 illustrate signpost definitions, that is, definitions that\ndo not themselves directly define a term but point the reader to the place\nwhere the term is defined (see s 131).\nNote 2 Example 7 illustrates a tagged-term definition (retailer) that takes its\nmeaning from the context of the provision where the defined term is\nfound.\nNote 3 Example 8 illustrates a definition that does not begin with the defined\nterm.\nNote 4 For other provisions about definitions, see pt 15.2.\n\n","sortOrder":137},{"sectionNumber":"131","sectionType":"section","heading":"Signpost definitions","content":"131 Signpost definitions\n(1) In an Act or statutory instrument, a definition of a term that includes\nthe word ‘see’ followed by a reference to a law or instrument\n(a signpost definition) means the term has the same meaning as the\nterm (or, if the reference includes a reference to the definition of\nanother term, that term) has in the law or instrument, as in force from\ntime to time.\n1 A signpost definition ‘food—see section 10.’ in the dictionary to an Act means\nthat the word ‘food’ when used in the Act has the same meaning as it has in\nsection 10, as in force from time to time.\n2 A signpost definition ‘injury—see the XYZ Act 2001, dictionary.’ in the\ndictionary to another Act means that the word ‘injury’, when used in the other\nAct, has the same meaning as it has in the definition of injury in the XYZ Act\n2001, dictionary, as in force from time to time.\n3 A signpost definition ‘Work Safety Council—see the XYZ Act 2000,\ndictionary, definition of council.’ means that the expression ‘Work Safety\nCouncil’ has the same meaning as the word ‘council’ has in the definition of\ncouncil in the XYZ Act 2000, dictionary, as in force from time to time.\n(2) This section is subject to section 47 (Statutory instrument may make\nprovision by applying law or instrument).\ninstrument includes a provision of an instrument.\nlaw includes a law, or a provision of a law, of the Commonwealth,\na State or another Territory.\nNote For other provisions about definitions, see pt 15.2.\n\n","sortOrder":138},{"sectionNumber":"132","sectionType":"section","heading":"Examples","content":"132 Examples\n(1) An example in an Act or statutory instrument—\n(a) is not exhaustive; and\n(b) may extend, but does not limit, the meaning of the Act or\ninstrument, or the particular provision to which it relates.\n(2) An example may take either of the following forms:\n(a) a statement at the end of the provision it illustrates (or at the end\nof a provision containing the provision it illustrates);\n(b) a statement forming part of the text of a provision that illustrates\nthe operation of the provision, whether or not the words ‘for\nexample’ are used.\n(3) Subsection (2) does not limit the form that an example may take.\n","sortOrder":139},{"sectionNumber":"133","sectionType":"section","heading":"Penalty units","content":"133 Penalty units\n(1) In a law, if a penalty for an offence is expressed as a number (whether\nwhole or fractional) of penalty units, the penalty for the offence is a\nfine of that number of penalty units.\n(2) A penalty unit is—\n(a) for an offence committed by an individual—$160; or\n(b) for an offence committed by a corporation—$810.\n(3) The Attorney-General must review the amount of a penalty unit at\nleast once every 4 years after the day this subsection commences.\n\n","sortOrder":140},{"sectionNumber":"134","sectionType":"section","heading":"Penalties at end of sections and subsections","content":"134 Penalties at end of sections and subsections\n(1) This section applies if a penalty (however expressed) is stated in a\nlaw—\n(a) at the end of a section (whether or not the section is divided into\nsubsections) and not expressed in a way that indicates that it\napplies only to a provision of the section; or\n(b) at the end of a subsection (but not at the end of a section) and\nnot expressed in a way that indicates that it applies only to a\nprovision of the subsection; or\n(c) at the end of a section or subsection and expressed in a way that\nindicates that it applies only to a provision of the section or\nsubsection (the relevant provision).\nthe following penalty at the end of a section:\n‘Maximum penalty: 20 penalty units.’\nExample—par (b)\nthe following penalty at the end of a subsection, but not at the end of a section:\n‘Maximum penalty: 20 penalty units.’\nExamples—par (c)\n1 the following penalty at the end of a section divided into subsections:\n‘Maximum penalty (subsection (3)): 20 penalty units.’.\n2 the following penalty at the end of a subsection, but not at the end of a section:\n‘Maximum penalty:\n(a) for paragraph (b)—20 penalty units; or\n(b) for another paragraph—50 penalty units, imprisonment for 6 months or\nboth.’\n\n(2) If an offence is not expressly mentioned in the section, subsection or\nrelevant provision, the penalty indicates that contravention of the\nsection, subsection or relevant provision is an offence punishable on\nconviction as provided by subsection (4).\nExample—penalty applying to entire section or subsection\nA person must not contravene a notice.\nExample—penalty applying to a stated provision\n(2) The register of transactions—\n(a) may be kept in electronic form; and\n(b) must contain the particulars mentioned in section 91C.\nMaximum penalty (paragraph (b)): 20 penalty units.\n(3) If an offence is expressly mentioned in the section, subsection or\nrelevant provision, the penalty indicates that the offence is punishable\non conviction as provided by subsection (4).\nExample—penalty applying to entire section or subsection\nA person who contravenes a notice commits an offence.\nExample—penalty applying to a stated provision\n(2) If a person keeps the person’s identity card after ceasing to be an officer—\n(a) the person commits an offence; and\n(b) the identity card is forfeited to the Territory.\nMaximum penalty (paragraph (a)): 20 penalty units.\n(4) The penalty that may be imposed for the offence is—\n(a) if only a single penalty is stated (whether as a maximum penalty\nor a penalty)—not more than the stated penalty; or\n(b) if a minimum as well as a maximum penalty is stated—not less\nthan the minimum and not more than the maximum.\n(5) If—\n(a) a penalty (however expressed) is stated in a law at the end of a\nsection divided into subsections; and\n\n(b) another penalty (however expressed) is stated at the end of\nanother subsection of the section; and\n(c) the first penalty is not expressed in a way that indicates that it\napplies only to a particular provision of the last subsection;\nthe first penalty is taken, for this section, to be expressed in a way that\nindicates that it applies only to the last subsection.\nIn the following example, s (4) is the last subsection and the penalty stated at the\nend applies only to that subsection:\n‘(2) A permit holder must record all transactions under this Act.\n(3) If a permit holder is convicted of an offence against subsection (2), the\nregistrar must cancel the permit.\n(4) A permit holder must not sell a declared substance in contravention of this\nAct.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or both.’.\n(6) In working out for this section whether a penalty is at the end of a\nsection or subsection, the position of any example or note is to be\ndisregarded.\n","sortOrder":141},{"sectionNumber":"135","sectionType":"section","heading":"Penalties not at end of sections and subsections","content":"135 Penalties not at end of sections and subsections\n(1) This section applies if a penalty (however expressed) is stated in a\nprovision of a law other than at the end of a section or subsection.\n(2) If an offence is expressly mentioned in the provision, the penalty\nindicates that the offence is punishable on conviction as provided by\nsubsection (4).\nA person who contravenes s (3) commits an offence punishable by a fine of not\nmore than 20 penalty units.\n\n(3) If an offence is not expressly mentioned in the provision, the penalty\nindicates that contravention of the provision (or a stated part of the\nprovision) is an offence punishable on conviction as provided by\nsubsection (4).\nA person who contravenes s (3) must pay a fine of not more than 20 penalty units.\n(4) The penalty that may be imposed for the offence is—\n(a) if only a single penalty is stated (whether as a maximum penalty\nor a penalty)—not more than the stated penalty; or\n(b) if a minimum as well as a maximum penalty is stated—not less\nthan the minimum and not more than the maximum.\n(5) In working out for this section whether a penalty is at the end of a\nsection or subsection, the position of any example or note is to be\ndisregarded.\n\nPurpose and scope Part 14.1\nChapter 14 Interpretation of Acts and\nPart 14.1 Purpose and scope\n136 Meaning of Act—ch 14\nAct includes a statutory instrument.\nNote Section 7 (3) provides that a reference to an Act includes a reference to a\nprovision of an Act. Section 13 (3) provides that a reference to a statutory\ninstrument includes a reference to a provision of a statutory instrument.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Purpose and scope—ch 14","content":"137 Purpose and scope—ch 14\n(1) The purpose of this chapter is to provide guidance about the\ninterpretation of Acts.\n(2) This chapter is not intended to be a comprehensive statement of the\nlaw of interpretation applying to Acts.\n(3) In particular, this chapter assumes that common law presumptions\noperate in conjunction with this chapter.\n(4) Subsection (3) also applies to common law presumptions that come\ninto existence after the commencement of this chapter.\n\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Meaning of working out the meaning of an Act—pt 14.2","content":"138 Meaning of working out the meaning of an Act—pt 14.2\nworking out the meaning of an Act means—\n(a) resolving an ambiguous or obscure provision of the Act; or\n(b) confirming or displacing the apparent meaning of the Act; or\n(c) finding the meaning of the Act when its apparent meaning leads\nto a result that is manifestly absurd or is unreasonable; or\n(d) finding the meaning of the Act in any other case.\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Interpretation best achieving Act’s purpose","content":"139 Interpretation best achieving Act’s purpose\n(1) In working out the meaning of an Act, the interpretation that would\nbest achieve the purpose of the Act is to be preferred to any other\ninterpretation.\n(2) This section applies whether or not the Act’s purpose is expressly\nstated in the Act.\nNote The Human Rights Act 2004, s 30 (which is about interpreting legislation\nto be consistent with human rights) is also relevant to interpreting\nterritory laws.\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Legislative context","content":"140 Legislative context\nIn working out the meaning of an Act, the provisions of the Act must\nbe read in the context of the Act as a whole.\n1 The long title of an Act provides that it is an Act to give certain benefits to the\nholders of pensioner cards. Section 4 provides ‘This Act applies to a holder\nof a pensioner card’. Section 22 provides that the commissioner may grant ‘a\nperson’ an exemption from payment of rates. The Act does not contain a\ndefinition of ‘person’. Section 22 must be read in the context of the Act as a\nwhole so that the commissioner may only grant exemptions to people who are\nholders of pensioner cards.\n\nKey principles of interpretation Part 14.2\n2 The Drug Testing Regulation 2001 (made under the Drug Testing Act 2000\n(hypothetical)), s 6 contains the following heading:\n6 Corresponding law—Act, s 100, def corresponding law\nThe heading indicates that the section has been made for the definition of\ncorresponding law in the Drug Testing Act 2000, s 100.\n3 Section 12 (1) of a subordinate law refers to ‘a non-conviction order under the\nCrimes (Sentencing) Act 2005’. No other kind of order is mentioned in the\nsection and the word ‘order’ is not otherwise defined in the subordinate law.\nSubsections (2), (4), (7) and (9) of the same section, which only refer to ‘the\norder’, are to be understood as referring to the order mentioned in s (1).\nNote See s 126 and s 127 for material that is, or is not, part of an Act or\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Non-legislative context generally","content":"141 Non-legislative context generally\n(1) In working out the meaning of an Act, material not forming part of\nthe Act may be considered.\nNote 1 See s 146 for the meaning of may and must.\nNote 2 See s 126 and s 127 for material that is, or is not, part of an Act or\nNote 3 See s 142 for material that may be considered in working out the meaning\nof an Act or statutory instrument.\n(2) In deciding whether material not forming part of an Act should be\nconsidered in working out the meaning of the Act, and the weight to\nbe given to the material, the following matters must be taken into\naccount:\n(a) the desirability of being able to rely on the ordinary meaning of\nthe Act, having regard to the purpose of the Act and the\nprovisions of the Act read in the context of the Act as a whole;\n(b) the undesirability of prolonging proceedings without\ncompensating advantage;\n(c) the accessibility of the material to the public.\n\n(3) Subsection (2) does not limit the matters that may be taken into\naccount.\n(4) For subsection (2) (c), material in the register is taken to be accessible\nto the public.\nNote The register is the ACT legislation register (see dict, pt 2, def register).\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Non-legislative context—material that may be considered","content":"142 Non-legislative context—material that may be considered\n(1) In working out the meaning of an Act, material mentioned in\ntable 142, column 2 may be considered.\n(2) In working out the meaning of a statutory instrument, material\nmentioned in table 142, column 3 may be considered.\n(3) This section does not limit the material that may be considered in\nworking out the meaning of an Act or statutory instrument.\nTable 142\nitem\nAct\nstatutory instrument\n1 material not forming part of the\nAct contained in an authorised\nversion of the Act\nNote See ch 3 (Authorised versions\nand evidence of laws and\nlegislative material).\nmaterial not forming part of the statutory\ninstrument contained in an authorised version\nof the instrument\nNote See ch 3 (Authorised versions and evidence\nof laws and legislative material).\n2 any relevant report of a royal\ncommission, law reform\ncommission, committee of inquiry\nor other similar entity that was\npresented to the Legislative\nAssembly before the Act was\npassed\nany relevant report of a royal commission,\nlaw reform commission, committee of\ninquiry or other similar entity that was\npresented to the Legislative Assembly—\n(a) if the statutory instrument was\npresented to the Assembly—before\nthe end of 6 sitting days after the\nday the instrument was presented to\nthe Assembly; or\n(b) in any other case—before the\ninstrument was made\n\nKey principles of interpretation Part 14.2\nitem\nAct\nstatutory instrument\n3 any relevant report of a committee\nof the Legislative Assembly that\nwas made to the Assembly before\nthe Act was passed\nany relevant report of a committee of the\nLegislative Assembly that was made to the\nAssembly—\n(a) if the statutory instrument was\npresented to the Assembly—before\nthe end of 6 sitting days after the\nday the instrument was presented to\nthe Assembly; or\n(b) in any other case—before the\ninstrument was made\n4 any explanatory statement\n(however described) for the bill\nthat became the Act, or any other\nrelevant document, that was\npresented to the Legislative\nAssembly before the Act was\npassed\nthe Legislative Assembly—any explanatory\nstatement (however described) for the\ninstrument, or any other relevant document,\nthat was presented to the Legislative\nAssembly before the end of 6 sitting days\nafter the instrument was presented to the\n5 the presentation speech made to\nthe Legislative Assembly during\nthe passage of the bill that became\nthe Act\nthe Legislative Assembly by a member of the\nAssembly—any presentation speech made to\nthe Assembly\n6 official reports of proceedings in\nthe Legislative Assembly in\nrelation to the bill that became the\nAct\nthe Legislative Assembly—official reports of\nproceedings in the Legislative Assembly in\nrelation to the statutory instrument\n7 any relevant treaty or other\ninternational agreement to which\nAustralia is a party\nany relevant treaty or other international\nagreement to which Australia is a party\n\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Law stating material for consideration in working out","content":"143 Law stating material for consideration in working out\nmeaning\n(1) If a relevant law provides that stated material may or must be\nconsidered in working out the meaning of an Act or statutory\ninstrument, that does not by implication prevent other material of the\nsame or similar kind being considered in working out the meaning of\nthe Act or instrument.\nrelevant law means—\n(a) in working out the meaning of an Act—the Act or another Act;\nor\n(b) in working out the meaning of a statutory instrument made under\nan Act—the Act, another Act or the instrument; or\n(c) in working out the meaning of a statutory instrument made under\nanother statutory instrument—an Act or either instrument.\n\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of commonly-used terms","content":"144 Meaning of commonly-used terms\nA definition in the dictionary, part 1 applies to all Acts and statutory\ninstruments.\nNote See s 130 for the def definition and s 131 for provisions about signpost\ndefinitions.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Gender and number","content":"145 Gender and number\nIn an Act or statutory instrument—\n(a) words indicating a gender include every other gender; and\n(b) words in the singular number include the plural and words in the\nplural number include the singular.\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"Meaning of may and must","content":"146 Meaning of may and must\n(1) In an Act or statutory instrument, the word may, or a similar term,\nused in relation to a function indicates that the function may be\nexercised or not exercised, at discretion.\n(2) In an Act or statutory instrument, the word must, or a similar term,\nused in relation to a function indicates that the function is required to\nbe exercised.\n(3) This section is a determinative provision so far as it applies to an\napplicable law or an applicable provision.\n\nafter the application date.\napplicable provision means a provision inserted after the application\ndate into an Act or statutory instrument that is not an applicable law.\napplication date means—\n(a) for an Act, subordinate law or disallowable instrument—\n1 January 2000; and\n(b) for any other statutory instrument—1 January 2006.\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Changes of drafting practice not to affect meaning","content":"147 Changes of drafting practice not to affect meaning\n(1) The purpose of this section is to encourage the making of progressive\nimprovements in the form of the statute book without inadvertently\nchanging the substantive effect of the law.\nNote See also s 96 (Relocated provisions).\n(2) This is to be achieved particularly by updating the language and\nstructure of Acts and statutory instruments to replace older forms of\nlegislative expression with forms reflecting current legislative\ndrafting practice.\n(3) If an Act or statutory instrument is amended so that it contains an\nolder form of legislative expression in a provision and a newer form\nin another, the ideas in the 2 provisions must not be regarded as\ndifferent only because different words are used or the provisions are\nstructured in different ways.\n(4) Subsection (3) also applies if the provisions are in different Acts or\nstatutory instruments.\n\n(5) Also, if an Act or statutory instrument is amended so that a provision\ncontaining an older form of legislative expression is replaced\n(whether or not in the same position) by a provision in a newer form,\nthe ideas in the 2 provisions must not be regarded as different only\nbecause different words are used or the provisions are structured in\ndifferent ways.\n(6) In deciding whether the ideas are different, regard must be had to the\ncontext and history of the 2 provisions.\n(7) Subsection (6) does not limit the matters to which regard may be had.\n","sortOrder":153},{"sectionNumber":"148","sectionType":"section","heading":"Terms used in instruments have same meanings as in","content":"148 Terms used in instruments have same meanings as in\nauthorising laws\nTerms used in a statutory instrument have the same meanings as they\nhave, from time to time, in the Act or statutory instrument\n(the authorising law), or the relevant provisions of the authorising\nlaw, under which the instrument is made or in force.\n","sortOrder":154},{"sectionNumber":"149","sectionType":"section","heading":"Age in years","content":"149 Age in years\nFor an Act or statutory instrument, a person is an age in years at the\nbeginning of the person’s birthday for the age.\n","sortOrder":155},{"sectionNumber":"150","sectionType":"section","heading":"Measurement of distance","content":"150 Measurement of distance\nIn applying an Act or statutory instrument, distance is to be measured\nin a straight line on a horizontal plane.\n\n","sortOrder":156},{"sectionNumber":"151","sectionType":"section","heading":"Working out periods of time generally","content":"151 Working out periods of time generally\n(1) This section applies in working out periods of 1 day or longer for an\nAct or statutory instrument, whether the period is a period in the\nfuture or the past.\nNote 1 The following definitions in the dictionary, pt 1 are also relevant to\nperiods of time:\n• business day\n• calendar month\n• calendar year\n• financial year\n• midnight\n• month\n• quarter\n• working day\n• year.\nNote 2 The Standard Time and Summer Time Act 1972 deals with the meaning\nof a reference to a time.\n(2) A period of time mentioned in an Act or statutory instrument that is\nof a kind mentioned in an item in the following table is to be worked\nout according to the rule mentioned in column 3 of the item:\nTable 151 Working out periods of time\nitem\nIf the period of time—\nthen the period—\n1 is described as beginning at, on or with a stated\nday, act or event\nincludes the stated day or\nthe day of the stated act or\n2 is described as beginning from or after a stated\nday, act or event\ndoes not include the stated\nday or the day of the stated\nact or event\n3 is described as ending at, by, on or with, or as\ncontinuing to or until, a stated day, act or event\nincludes the stated day or\nthe day of the stated act or\n\nitem\nIf the period of time—\nthen the period—\n4 is described as ending before a stated day, act or\ndoes not include the stated\nday or the day of the stated\nact or event\n5 is described as occurring between 2 events does not include the days\nwhen the events happen\nExample—item 1\nIf a licence begins on the first day of a financial year, the licence is in force on that day.\nExample—item 2\nIf a disallowable instrument is described as beginning from 30 June, the instrument starts to operate\non 1 July.\nExample—item 3\nIf a person’s right to apply for review of a decision ends on the last day of a financial year, the\nperson may apply for review of the decision on that day.\nExample—item 4\nIf a person may apply for renewal of accreditation not later than 6 months before the day the\naccreditation period ends, and the accreditation period ends on 2 November, the person may apply\nfor renewal at any time during the 6-month period ending on 1 November.\nExample—item 5\nA court rule requires a notice of motion to be served 2 days before the return date for the\napplication. If the return date is Friday, that day and the day the application is served are not counted\nin working out the 2 days. For service to be valid, the application must be served on or before the\nTuesday before the return date.\n(3) Despite table 151, item 2, if, under an Act or statutory instrument,\nsomething must or may be done within a particular period of time\nafter a stated day, the thing may be done on the stated day.\n(4) This section is a determinative provision so far as it applies to an\napplicable law or applicable provision.\n\n","sortOrder":157},{"sectionNumber":"151A","sectionType":"section","heading":"Periods of time ending on non-working days","content":"151A Periods of time ending on non-working days\n(a) under an Act or statutory instrument, something must or may be\ndone on a particular day or within a particular period of time;\nand\n(b) the day, or the last day of the period, is not a working day.\n(2) The thing must or may be done on the next day that is a working day.\n(3) This section is a determinative provision so far as it applies to an\napplicable law or applicable provision.\n\npublic entity means—\n(a) a court or tribunal; or\n(b) an administrative unit; or\n(c) a statutory office-holder; or\n(d) any other entity established for a public purpose under a law.\nworking day means—\n(a) for doing something at an office (however described) of a public\nentity where the thing must or may be done—a day when the\noffice is open; and\n(b) for doing anything else—a day that is not—\n(i) a Saturday or Sunday; or\n(ii) a public holiday at the place where the thing must or may\nbe done; or\n(iii) if the thing is to be done by or in relation to an authorised\ndeposit-taking institution—a day observed by the\ninstitution as a bank holiday at the place where the thing\nmust or may be done.\nfiling a document at a court registry\n","sortOrder":158},{"sectionNumber":"151B","sectionType":"section","heading":"Doing things for which no time is fixed","content":"151B Doing things for which no time is fixed\n(a) under an Act or statutory instrument, something must or may be\ndone; but\n(b) no time is provided for doing the thing.\n(2) The thing must or may be done as soon as possible and as often as\nneeded.\n\n","sortOrder":159},{"sectionNumber":"151C","sectionType":"section","heading":"Power to extend time","content":"151C Power to extend time\n(1) This section applies if, under an Act or statutory instrument—\n(a) something must or may be done on a particular day or within a\nparticular period of time; but\n(b) a court or other entity has power to extend the time (the relevant\ntime) for doing the thing.\n(2) A person may apply to the court or other entity for the relevant time\nto be extended even though the relevant time has ended.\n(3) The court or other entity may extend the relevant time even though\nthe relevant time has ended.\n(5) This section applies only to an applicable law or applicable provision.\n\n","sortOrder":160},{"sectionNumber":"152","sectionType":"section","heading":"Continuing effect of obligations","content":"152 Continuing effect of obligations\nIf, under a provision of an Act or statutory instrument, an act is\nrequired to be done, the obligation to do the act continues until the act\nis done even if—\n(a) the provision required the act to be done within a particular\nperiod or before a particular time, and the period has ended or\nthe time has passed; or\n(b) someone has been convicted of an offence in relation to failure\nto do the act.\n\nNote See also s 130 (What is a definition?), s 131 (Signpost definitions) and\ns 148 (Terms used in instruments have same meanings as in authorising\nlaws).\n","sortOrder":161},{"sectionNumber":"155","sectionType":"section","heading":"Definitions apply subject to contrary intention","content":"155 Definitions apply subject to contrary intention\n(1) A definition in an Act or statutory instrument applies except so far as\nthe contrary intention appears.\n","sortOrder":162},{"sectionNumber":"156","sectionType":"section","heading":"Application of definitions in dictionaries and sections","content":"156 Application of definitions in dictionaries and sections\n(1) A definition in the dictionary to an Act or statutory instrument applies\nto the entire Act or instrument unless the Act or instrument provides\nfor the definition to have a more limited application.\n1 The dictionary to the ABC Act 1999 includes the signpost definition ‘x—see\nthe XYZ Act 1998, section 3.’. There is nothing in the ABC Act 1999 indicating\nthe intended application of the definition of x. The definition of x in the XYZ\nAct 1998, s 3, therefore, applies to the entire ABC Act 1999.\n2 In an Act, the word z is defined in the dictionary. The definition provides, in\npart, that ‘z, in part 4 (Registration of vehicles), means ...’. The definition of\nz applies only to pt 4.\n3 In pt 6 of an Act (which is headed ‘Part 6 Complaints’), the word a is defined\nin s 50. The section is not divided into subsections but contains a number of\ndefinitions. Section 50 begins with the words ‘In this part:’. However, the\ndictionary to the Act contains the following definition:\na—see section 50.\nThe definition of a applies to the entire Act (compare s (2) example 2).\nNote 1 See s 144 (Meaning of commonly-used terms) for the application of the\ndefinitions in this Act, dict, pt 1.\n\nDefinitions Part 15.2\nNote 2 Section 148 (Terms used in instruments have same meanings as in\nauthorising laws) provides that terms used in a statutory instrument have\nthe same meaning as they have in the Act or statutory instrument under\nwhich the statutory instrument is made.\n(2) A definition in a section of an Act or statutory instrument applies only\nto the section unless the Act or instrument provides for the definition\nto have a broader application.\n1 This Act, s 255 (7) (Forms) contains definitions of form 1 and form 2 as tagged\nterms. There is nothing in this Act indicating that the definitions apply outside\ns 255. The definitions apply only to s 255.\n2 In pt 6 of an Act (which is headed ‘Part 6 Complaints’), the word a is defined\nin s 50. The section is not divided into subsections but contains a number of\ndefinitions. Section 50 begins with the words ‘In this part:’. However, the\ndictionary to the Act contains the following definition:\na, for part 6 (Complaints)—see section 50.\nThe definition of a applies to all of pt 6, but not to provisions of the Act outside\npt 6 (compare s (1) example 3).\n3 In an Act, the word b is defined in a section, which is not divided into\nsubsections but contains a number of definitions. The section begins with the\nwords ‘In this Act:’. The definition of b applies to the entire Act.\n(3) A definition in a section of an Act or statutory instrument applies to\nthe entire section unless the Act or instrument provides for the\ndefinition to have a more limited application.\nIn a subsection of a section of an Act, the word c is defined. The subsection begins\nwith the words ‘In subsection (3):’. The definition of c applies only to s (3) of that\nsection.\n(4) In applying this section to an Act or statutory instrument that is\ndivided otherwise than into sections, a reference to a section is a\nreference to a corresponding provision of the Act or instrument.\n\n","sortOrder":163},{"sectionNumber":"157","sectionType":"section","heading":"Defined terms—other parts of speech and grammatical","content":"157 Defined terms—other parts of speech and grammatical\nforms\nIf an Act or statutory instrument defines a term, other parts of speech\nand grammatical forms of the term have corresponding meanings.\nThe Publication (Grants) Act 2001 contains a definition of publish and also\ncontains other forms of the same word (‘published’, ‘publisher’, ‘publishes’,\n‘publishing’ and ‘publication’). Because of this section, all forms of the word will\nhave the same meaning except so far as the Act otherwise expressly provides or a\ncontrary intention appears (see s 6 (3)).\n\n","sortOrder":164},{"sectionNumber":"Part 15","sectionType":"part","heading":"3 References to various entities","content":"Part 15.3 References to various entities\nand things\nNote See also ch 10 (Referring to laws).\n","sortOrder":165},{"sectionNumber":"160","sectionType":"section","heading":"References to people generally","content":"160 References to people generally\n(1) In an Act or statutory instrument, a reference to a person generally\nincludes a reference to a corporation as well as an individual.\n(2) Subsection (1) is not displaced only because there is an express\nreference to either an individual or a corporation elsewhere in the Act\nor statutory instrument.\nExamples—references to a person generally\n1 another person\n2 anyone else\n3 party\n4 someone else\n5 employer\nExamples—express references to a corporation\n1 body corporate\n2 company\nExamples—express references to an individual\n1 adult\n2 child\n3 spouse\n4 driver\n(3) Subsection (2) does not limit the operation of section 6.\nNote Section 6 deals with the displacement of a provision of this Act.\n\n","sortOrder":166},{"sectionNumber":"161","sectionType":"section","heading":"Corporations liable to offences","content":"161 Corporations liable to offences\n(1) A provision of a law that creates an offence (whether indictable or\nsummary) applies to corporations as well as to individuals.\n(2) A provision of a law that creates an offence can apply to a corporation\neven though contravention of the provision is punishable by\nimprisonment (with or without another penalty).\nA provision of an Act contains the following penalty:\n‘Maximum penalty: 100 penalty units, imprisonment for 1 year or both.’\nThe provision can apply to a corporation.\n(3) If a corporation is convicted of an offence and, apart from this\nsubsection, the penalty for the offence is a period of imprisonment\nonly, the court may impose a maximum penalty of—\n(a) if the period of imprisonment is not longer than 6 months—\n50 penalty units; and\n(b) if the period of imprisonment is longer than 6 months but not\nlonger than 1 year—100 penalty units; and\n(c) if the period of imprisonment is longer than 1 year but not longer\nthan 2 years—200 penalty units; and\n(d) if the period of imprisonment is longer than 2 years but not\nlonger than 5 years—500 penalty units; and\n(e) if the period of imprisonment is longer than 5 years but not\nlonger than 10 years—1 000 penalty units; and\n(f) if the period of imprisonment is longer than 10 years—1 500\npenalty units.\nNote Section 133 explains the meaning and value of penalty units.\n\n","sortOrder":167},{"sectionNumber":"162","sectionType":"section","heading":"References to a Minister or the Minister","content":"162 References to a Minister or the Minister\n(1) In an Act or statutory instrument, a reference to a Minister is a\nreference to the Chief Minister or a Minister appointed under the\nSelf-Government Act, section 41.\nNote Chief Minister—see the dictionary, pt 1.\n(2) In a provision of an Act or statutory instrument, a reference to the\nMinister without identifying the Minister’s title or portfolio is a\nreference to—\n(a) the Minister for the time being administering the provision; or\n(b) if, for the time being, different Ministers administer the\nprovision in relation to different matters—\n(i) if only 1 Minister administers the provision in relation to\nthe relevant matter—the Minister; or\n(ii) if 2 or more Ministers administer the provision in relation\nto the relevant matter—any of the Ministers; or\n(c) if paragraph (b) does not apply and, for the time being, 2 or more\nMinisters administer the provision—any of the Ministers.\n(3) In subsection (2):\nMinister includes a Minister for the time being acting on behalf of\nthe Minister or 2 or more Ministers.\n(4) If an Act or statutory instrument mentions a Minister and identifies\nthe Minister by reference to the fact that the Minister administers a\nstated Act, statutory instrument or provision, subsection (2) applies\nas if references in paragraphs (a) to (c) to the provision were\nreferences to the stated Act, instrument or provision.\nNote Attorney-General and Treasurer—see the dictionary, pt 1.\n\n","sortOrder":168},{"sectionNumber":"163","sectionType":"section","heading":"References to a director-general or the director-general","content":"163 References to a director-general or the director-general\n(1) In an Act or statutory instrument, a reference to a director-general is\na reference to a person employed under the Public Sector\nManagement Act, section 31 (Engagement of SES member) to\nperform the duties of an office of director-general.\n(2) In a provision of an Act or statutory instrument, a reference to\nthe director-general without identifying the director-general’s title is\na reference to—\n(a) the director-general of the administrative unit responsible for the\nprovision; or\n(b) if, for the time being, different administrative units are\nresponsible for the provision in relation to different matters—\n(i) if only 1 administrative unit is responsible for the provision\nin relation to the relevant matter—the director-general of\nthe administrative unit; or\n(ii) if 2 or more administrative units are responsible for the\nprovision in relation to the relevant matter—\nthe director-general of any of the administrative units; or\n(c) if paragraph (b) does not apply and, for the time being, 2 or more\nadministrative units are responsible for the provision—\nthe director-general of any of the administrative units.\nNote Administrative unit—see the dictionary, pt 1.\n(3) If an Act or statutory instrument mentions a director-general and\nidentifies the director-general by reference to the fact that the\ndirector-general is the director-general of the administrative unit\nresponsible for a stated Act, statutory instrument or provision,\nsubsection (2) applies as if references in paragraphs (a) to (c) to the\nprovision were references to the stated Act, instrument or provision.\n\ndirector-general, of an administrative unit, means the person who is\nemployed under the Public Sector Management Act, section 31\n(Engagement of SES member) to perform the duties of the office of\ndirector-general in the administrative unit.\nPublic Sector Management Act means the Public Sector\nManagement Act 1994.\nresponsible, for a provision, means allocated responsibility for the\nprovision under the Public Sector Management Act,\nsection 14 (1) (b) (Ministerial responsibility and functions of\nadministrative units).\n","sortOrder":169},{"sectionNumber":"164","sectionType":"section","heading":"References to Australian Standards etc","content":"164 References to Australian Standards etc\n(1) In an Act or statutory instrument, a reference consisting of the words\n‘Australian Standard’ or ‘AS’ followed by a number is a reference to\nthe standard so numbered published by or on behalf of Standards\nAustralia.\n(2) In an Act or statutory instrument, a reference consisting of the words\n‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed by a\nnumber is a reference to the standard so numbered published jointly\nby or on behalf of Standards Australia and Standards New Zealand.\n","sortOrder":170},{"sectionNumber":"165","sectionType":"section","heading":"References to Assembly committees that no longer exist","content":"165 References to Assembly committees that no longer exist\nIn an Act or statutory instrument, a reference (whether by name or\ndescription) to a committee of the Legislative Assembly that no\nlonger exists is a reference to the committee of the Assembly\nnominated by the Speaker either generally or for the provision\ncontaining the reference.\n\n","sortOrder":171},{"sectionNumber":"168","sectionType":"section","heading":"References to person with interest in land include","content":"168 References to person with interest in land include\npersonal representative etc\nIn an Act or statutory instrument, a reference to a person with an\ninterest in land or other property includes a reference to the person’s\npersonal representatives, successors and assigns.\nExamples—references to people with interests in land\n1 proprietor\n2 transferor or transferee\n3 mortgagor or mortgagee\n4 lessor or lessee\n5 sublessor or sublessee\n6 trustee\n","sortOrder":172},{"sectionNumber":"169","sectionType":"section","heading":"References to domestic partner and domestic partnership","content":"169 References to domestic partner and domestic partnership\n(1) In an Act or statutory instrument, a reference to a person’s domestic\npartner is a reference to someone who lives with the person in a\ndomestic partnership, and includes a reference to a spouse, civil union\npartner or civil partner of the person.\n(2) In an Act or statutory instrument, a domestic partnership is the\nrelationship between 2 people living together as a couple on a genuine\ndomestic basis.\nExample—indicators to decide whether 2 people are in a domestic\npartnership\n1 the length of their relationship\n2 whether they are living together\n3 if they are living together—how long and under what circumstances they have\nlived together\n4 whether there is a sexual relationship between them\n5 their degree of financial dependence or interdependence, and any\narrangements for financial support, between or by them\n6 the ownership, use and acquisition of their property, including any property\nthat they own individually\n\n7 their degree of mutual commitment to a shared life\n8 whether they mutually care for and support children\n9 the performance of household duties\n10 the reputation, and public aspects, of the relationship between them\n(3) In an Act or statutory instrument, a reference to a domestic\npartnership includes a reference to a marriage, a civil union and a\ncivil partnership.\n","sortOrder":173},{"sectionNumber":"169A","sectionType":"section","heading":"References to transgender people","content":"169A References to transgender people\n(1) A transgender person is a person who—\n(a) identifies as a member of a different sex by living, or seeking to\nlive, as a member of that sex; or\n(b) has identified as a member of a different sex by living as a\nmember of that sex;\nwhether or not the person is a recognised transgender person.\n(2) A transgender person includes a person who is thought of as a\ntransgender person, whether or not the person is a recognised\ntransgender person.\n(3) A recognised transgender person is a person the record of whose sex\nis altered under the Births, Deaths and Marriages Registration\nAct 1997, part 4 or the corresponding provisions of a law of a State\nor another Territory.\n","sortOrder":174},{"sectionNumber":"169B","sectionType":"section","heading":"References to intersex people","content":"169B References to intersex people\nAn intersex person is a person who has physical, hormonal or genetic\nfeatures that are—\n(a) not fully female or fully male; or\n(b) a combination of male or female; or\n(c) not female or male.\n\nPart 15.4 Preservation of certain common law privileges\nPart 15.4 Preservation of certain common\nlaw privileges\n170 Privileges against self-incrimination and exposure to civil\npenalty\n(1) An Act or statutory instrument must be interpreted to preserve the\ncommon law privileges against self-incrimination and exposure to the\nimposition of a civil penalty.\n(2) However, this section does not affect the operation of the Evidence\nNote The Evidence Act 2011, s 128 contains provisions that apply if a witness\nraises these privileges in a proceeding. The privileges have been\nabolished for bodies corporate (see Evidence Act 2011, s 187).\n","sortOrder":175},{"sectionNumber":"171","sectionType":"section","heading":"Client legal privilege","content":"171 Client legal privilege\n(1) An Act or statutory instrument must be interpreted to preserve the\ncommon law privilege in relation to client legal privilege (also known\nas legal professional privilege).\n(2) However, this section does not affect the operation of the Evidence\nNote The Evidence Act 2011, div 3.10.1 contains provisions about client legal\nprivilege.\n\nCourts, tribunals and other decision-makers Chapter 16\nChapter 16 Courts, tribunals and other\ndecision-makers\n175 Meaning of law—ch 16\n176 Jurisdiction of courts and tribunals\n(1) This section applies if a law, whether expressly or by implication,\nauthorises a proceeding (whether civil or criminal) to be brought in a\nparticular court or tribunal in relation to a matter.\n(2) The law vests the court or tribunal with jurisdiction in the matter.\n(3) The jurisdiction so vested is not limited by any limits to which any\nother jurisdiction of the court or tribunal may be subject.\nNote See also s 45 which relates to the making of rules carrying out or giving\neffect to the jurisdiction of the court or tribunal.\n","sortOrder":176},{"sectionNumber":"177","sectionType":"section","heading":"Recovery of amounts owing under laws","content":"177 Recovery of amounts owing under laws\nIf an amount is owing under a law to a person (the creditor) by\nanother person (the debtor), the creditor may recover the amount as a\ndebt owing by the debtor to the creditor in a court of competent\njurisdiction or the ACAT.\n","sortOrder":177},{"sectionNumber":"178","sectionType":"section","heading":"Power to decide includes power to take evidence etc","content":"178 Power to decide includes power to take evidence etc\n(1) A court, tribunal or other entity authorised by law to hear and decide\na matter (however expressed) has power—\n(a) to take evidence, including evidence on oath; and\n\n","sortOrder":178},{"sectionNumber":"Part 16","sectionType":"part","heading":"Courts, tribunals and other decision-makers","content":"Chapter 16 Courts, tribunals and other decision-makers\n(b) to examine witnesses; and\n(c) to administer oaths to witnesses.\n(2) The court, tribunal or other entity may authorise a person to\nadminister an oath to a witness.\n(3) This section does not limit any other power of the court, tribunal or\nother entity.\n","sortOrder":179},{"sectionNumber":"179","sectionType":"section","heading":"Content of statements of reasons for decisions","content":"179 Content of statements of reasons for decisions\n(1) This section applies if a law requires a tribunal or other entity making\na decision to give written reasons for the decision, whether the term\n‘reasons’, ‘grounds’ or any other term is used.\n(2) The document giving the reasons must also set out the findings on\nmaterial questions of fact and refer to the evidence or other material\non which the findings were based.\n","sortOrder":180},{"sectionNumber":"180","sectionType":"section","heading":"Power to make decision includes power to reverse or","content":"180 Power to make decision includes power to reverse or\nchange\n(1) Power given by a law to make a decision includes power to reverse\nor change the decision.\n(2) The power to reverse or change the decision is exercisable in the same\nway, and subject to the same conditions, as the power to make the\ndecision.\nIf the power to include land in a special reserve is exercisable only on the resolution\nof the Legislative Assembly, the power to excise land from a special reserve is\nexercisable only on the resolution of the Assembly.\n\nEntities and positions Chapter 17\n","sortOrder":181},{"sectionNumber":"182","sectionType":"section","heading":"Meaning of law—ch 17","content":"182 Meaning of law—ch 17\n","sortOrder":182},{"sectionNumber":"183","sectionType":"section","heading":"Change of name of entity","content":"183 Change of name of entity\n(1) If a law changes the name of an entity established under a law, the\nentity continues in existence under the new name and its identity is\nnot affected by the change.\n(2) If the name of an entity is changed, a reference in a law to the entity\nby its previous name is taken, after the change, to be a reference to\nthe entity by its new name.\n(3) To remove any doubt, subsection (2) applies to all entities, whether\nor not in or for the Territory, including entities established under a\nlaw of another jurisdiction.\nNote Another jurisdiction means the Commonwealth, a State, another\nTerritory, the United Kingdom or New Zealand (see dict, pt 2).\n","sortOrder":183},{"sectionNumber":"184","sectionType":"section","heading":"Change in constitution of entity","content":"184 Change in constitution of entity\n(1) This section applies if a law changes how an entity established under\na law is constituted.\n(2) The entity continues in existence as newly constituted and its identity\nis not affected by the change.\n(3) Without limiting subsection (2), the change does not affect—\n(a) any function, right, privilege, liability or property of the entity;\nor\n\n(b) the bringing of a proceeding, or the continuation of a\nproceeding, by or against the entity; or\n(c) the carrying out of an investigation or inquiry, or the\ncontinuation of an investigation or inquiry, in relation to\nanything done or not done by or in relation to the entity.\n","sortOrder":184},{"sectionNumber":"184A","sectionType":"section","heading":"References to entity","content":"184A References to entity\n(1) In a law, a reference to an entity includes a reference to a person\nexercising a function of the entity, whether under a delegation,\nsubdelegation or otherwise.\n(2) To remove any doubt, this section applies to all entities, whether or\nnot in or for the Territory, including entities established under a law\nof another jurisdiction.\n","sortOrder":185},{"sectionNumber":"185","sectionType":"section","heading":"References to occupant of position","content":"185 References to occupant of position\n(1) In a law, a reference to the occupant of a position (however\nexpressed) includes a reference to anyone for the time being\noccupying the position.\n(2) To remove any doubt, this section applies to all positions, whether or\nnot in or for the Territory, including positions established under a law\nof another jurisdiction.\nNote See s 200 (1) (Functions of occupants of positions) and defs occupy and\nposition in the dictionary, pt 1.\n\nEntities and positions Chapter 17\n","sortOrder":186},{"sectionNumber":"186","sectionType":"section","heading":"Change of name of position","content":"186 Change of name of position\n(1) If a law changes the name of a position established under a law, the\nposition continues in existence under the new name and its identity is\nnot affected by the change.\n(2) If the name of a position is changed, a reference in a law to the\nposition by its previous name is taken, after the change, to be a\nreference to the position by its new name.\n(3) To remove any doubt, subsection (2) applies to all positions, whether\nor not in or for the Territory, including positions established under a\nlaw of another jurisdiction.\n","sortOrder":187},{"sectionNumber":"187","sectionType":"section","heading":"Chair and deputy chair etc","content":"187 Chair and deputy chair etc\n(1) If a law establishes a position of chair or chairperson of an entity, the\nchair or chairperson may be referred to as chairman, chairwoman,\nchairperson or chair.\n(2) If a law establishes a position of deputy chair or deputy chairperson\nof an entity, the deputy chair or deputy chairperson may be referred\nto as deputy chairman, deputy chairwoman, deputy chairperson or\ndeputy chair.\n\nNote See also s 133 to s 135 (which relate to penalty units and penalty\nprovisions) and s 161 (Corporations liable to offences).\n","sortOrder":188},{"sectionNumber":"188","sectionType":"section","heading":"Meaning of ACT law—ch 18","content":"188 Meaning of ACT law—ch 18\nACT law means an Act or subordinate law.\nNote A reference to an Act or subordinate law includes a reference to a\nprovision of the Act or law (see s 7 and s 8).\n","sortOrder":189},{"sectionNumber":"189","sectionType":"section","heading":"Reference to offence includes reference to related","content":"189 Reference to offence includes reference to related\nancillary offences\nA reference to an offence against an ACT law includes a reference to\nan offence against the Criminal Code, part 2.4 (Extensions of criminal\nresponsibility) or section 717 (Accessory after the fact) that relates to\nthe ACT law.\nX is the holder of a licence under the Plant Development Act 2001 (hypothetical).\nThe Plant Development Act, s 23 provides for the cancellation of a licence if a\nlicence holder commits an offence against the Act. While his business premises are\nbeing inspected, X incites an employee to obstruct the inspector. As a result, the\nemployee obstructs the inspector (which is an offence against the Act). X is later\nconvicted of the offence of incitement against the Criminal Code, s 47 (which is an\noffence in the Criminal Code, pt 2.4). Because of the Legislation Act, s 189, X is\ntaken to have committed an offence against the Plant Development Act and is\ntherefore liable to have his licence cancelled.\nNote The result would be the same if X had been convicted of conspiracy\nrelating to the offence of obstruction in the Plant Development Act.\nApart from the Legislation Act, s 189, the following offences in the\nCriminal Code, pt 2.4 could also apply to the offence in the Plant\nDevelopment Act:\n• attempt (s 44 (Attempt))\n• aiding and abetting (s 45 (Complicity and common purpose)).\n\nOffences Chapter 18\n","sortOrder":190},{"sectionNumber":"190","sectionType":"section","heading":"Indictable and summary offences","content":"190 Indictable and summary offences\n(1) An offence is an indictable offence if—\n(a) it is punishable by imprisonment for longer than 2 years; or\n(b) it is declared by an ACT law to be an indictable offence.\n(2) An indictable offence includes an indictable offence that is or may\nbe dealt with summarily.\n(3) Any other offence is a summary offence and is punishable on\nsummary conviction.\n","sortOrder":191},{"sectionNumber":"191","sectionType":"section","heading":"Offences against 2 or more laws","content":"191 Offences against 2 or more laws\n(1) If an act or omission by a person is an offence against 2 or more ACT\nlaws, the person may be prosecuted for and convicted of any of the\noffences, but is not liable to be punished more than once for the act\nor omission.\n(2) If—\n(a) an act or omission by a person is an offence against both an ACT\nlaw and a law of another jurisdiction; and\n(b) the person has been punished for the offence against the law of\nthe other jurisdiction;\nthe person is not liable to be punished for the offence against the ACT\nlaw.\n","sortOrder":192},{"sectionNumber":"192","sectionType":"section","heading":"When must prosecutions begin?","content":"192 When must prosecutions begin?\n(1) A prosecution for the following offences against an ACT law may be\nbegun at any time:\n(a) an offence by an individual punishable by imprisonment for\nlonger than 6 months;\n\n(b) an offence by a corporation punishable by a prescribed fine;\nNote See s 161 for the fines that may be imposed on a corporation for\noffences punishable only by imprisonment.\n(c) an aiding and abetting offence by an individual in relation to an\noffence by a corporation punishable by a prescribed fine.\n(2) A prosecution for any other offence against an ACT law must be\nbegun not later than—\n(a) 1 year after the day of commission of the offence; or\n(b) if an ACT law provides for another period—that period.\n(3) However, if a coroner’s inquest or inquiry, or an inquiry under the\nInquiries Act 1991 or the Royal Commissions Act 1991, is held into a\nmatter that discloses or is otherwise found to relate to an offence\nmentioned in subsection (2), a prosecution for the offence may be\nbegun not later than 1 year after the day when—\n(a) the coroner’s report is made; or\n(b) the report of the board of inquiry or royal commission is given\nto the Chief Minister.\naiding and abetting offence means an offence against the Criminal\nCode, section 45 (Complicity and common purpose).\nprescribed fine, for an offence, means—\n(a) if the penalty for the offence is expressed in penalty units—\n100 penalty units or more; or\n(b) if the penalty for the offence is expressed as an amount of\nmoney—$50 000 or more.\n\nOffences Chapter 18\n","sortOrder":193},{"sectionNumber":"193","sectionType":"section","heading":"Continuing offences","content":"193 Continuing offences\n(1) This section applies to a requirement to do an act if—\n(a) the act is required to be done under an ACT law within a\nparticular period or before a particular time; and\n(b) failure to comply with the requirement is an offence against the\nlaw.\n(2) A person who fails to comply with the requirement commits an\noffence for each day until the act is done.\n(3) A day mentioned in subsection (2) includes any day of conviction for\nan offence and any later day.\nNote See also s 152 (Continuing effect of obligations).\n\n","sortOrder":194},{"sectionNumber":"Part 19","sectionType":"part","heading":"Administrative and machinery","content":"Chapter 19 Administrative and machinery\n","sortOrder":195},{"sectionNumber":"195","sectionType":"section","heading":"Meaning of law—ch 19","content":"195 Meaning of law—ch 19\n\nFunctions Part 19.2\n","sortOrder":196},{"sectionNumber":"196","sectionType":"section","heading":"Provision giving function gives power to exercise","content":"196 Provision giving function gives power to exercise\nfunction\n(1) A provision of a law that gives a function to an entity also gives the\nentity the powers necessary and convenient to exercise the function.\nNote Entity and exercise—see the dictionary, pt 1.\n(2) The powers given to the entity under subsection (1) are in addition to\nany other powers of the entity under the law.\n","sortOrder":197},{"sectionNumber":"197","sectionType":"section","heading":"Statutory functions may be exercised from time to time","content":"197 Statutory functions may be exercised from time to time\nIf a law gives a function to an entity, the function may be exercised\nfrom time to time.\nNote See also s 42 (3) (Power to make statutory instruments).\n","sortOrder":198},{"sectionNumber":"199","sectionType":"section","heading":"Functions of bodies","content":"199 Functions of bodies\n(1) If a law authorises or requires a body to exercise a function, it may\ndo so by resolution.\nNote Body—see the dictionary, pt 1.\n(2) To remove any doubt, subsection (1) applies in relation to a function\neven though a law authorises or requires the function to be exercised\nin writing.\n(3) If a law authorises or requires a signature by a person and the person\nis a body, the signature of a person authorised by the body for the\npurpose is taken to be the signature of the body.\n\n(4) If a law gives a function to a body, the function may be exercised by\nthe body as constituted for the time being.\nThe ACT Conference Organisers Registration Board is a statutory body consisting\nof 5 members. At a meeting of the board it is agreed to exempt a conference\norganiser from registration on certain conditions. On the day after the meeting, 1 of\nthe members of the board (X) resigns and another person (Y) is appointed to the\nboard in X’s place. At the next meeting of the board, the board considers additional\ninformation submitted by the conference organiser and agrees to amend the\nconditions of exemption. Because of s (4), the board’s ability to use its power of\nexemption is not affected by a change in the membership of the board.\n(5) The exercise of the function is not affected only because of vacancies\nin the body’s membership.\n(6) Subsections (4) and (5) do not affect any quorum requirement\napplying to the body.\nThe Act establishing the board mentioned in the example to s (4) provides that the\nquorum for a meeting of the board is the chair or deputy chair and 2 other members.\nIf the quorum requirement was complied with at each meeting mentioned in the\nexample, the result mentioned in the example would be the same whether or not X\nattended the first meeting and whether or not Y attended the second meeting.\n(7) If a body as constituted for the time being does something in exercise\nof a function given to the body under a law, the effect of the thing\ndone by the body does not end only because the membership of the\nbody changes.\nNote See also s 211 (Appointment not affected by appointer changes), s 224\n(Acting appointment not affected by appointer changes), and s 241\n(Delegation not affected by appointer changes).\n(8) Subsection (7) does not prevent the thing done by the body being\nended or changed by the body as subsequently constituted for the time\nbeing.\n\nFunctions Part 19.2\n","sortOrder":199},{"sectionNumber":"200","sectionType":"section","heading":"Functions of occupants of positions","content":"200 Functions of occupants of positions\n(1) If a law gives a function to the occupant of a position, the function\nmay be exercised by the person for the time being occupying the\nposition.\nNote See s 185 (References to occupant of position) and dictionary, pt 1, defs\noccupy and position.\n(2) If the person for the time being occupying a position does something\nin exercise of a function given to the occupant of the position under a\nlaw, the thing done by the person does not end only because the\nperson ceases to be the occupant of the position.\nNote See also s 211 (Appointment not affected by appointer changes), s 224\n(Acting appointment not affected by appointer changes), and s 241\n(Delegation not affected by appointer changes).\n(3) Subsection (2) does not prevent the thing done by the person being\nended or changed by any person subsequently occupying the position\nfor the time being.\n\nNote Certain statutory appointments made by a Minister require consultation\nwith a relevant Assembly committee and are disallowable (see div 19.3.3\n(Appointments—Assembly consultation)).\n","sortOrder":200},{"sectionNumber":"205","sectionType":"section","heading":"Application—div 19.3.1","content":"205 Application—div 19.3.1\nThis division applies if a law authorises or requires an entity (the\nappointer) to appoint a person—\n(a) to a position under a law; or\n(b) to exercise a function or do anything else under a law.\n","sortOrder":201},{"sectionNumber":"206","sectionType":"section","heading":"Appointments must be in writing etc","content":"206 Appointments must be in writing etc\n(1) An appointment must be made, or evidenced, by writing\n(the instrument of appointment) signed by the appointer.\n(2) If a law provides for a maximum or minimum period of appointment,\nthe instrument of appointment must state the period for which the\nappointment is made.\nExamples—stated appointment periods\n1 2 years\n2 until age 65\n","sortOrder":202},{"sectionNumber":"207","sectionType":"section","heading":"Appointment may be by name or position","content":"207 Appointment may be by name or position\n(1) The appointer may make an appointment by—\n(a) naming the person appointed; or\n\nAppointments—general Division 19.3.1\n(2) For this division, the person named, or the occupant of the position\nnominated, is the appointee.\n","sortOrder":203},{"sectionNumber":"208","sectionType":"section","heading":"Power of appointment includes power to suspend etc","content":"208 Power of appointment includes power to suspend etc\n(1) The appointer’s power to make the appointment includes the power—\n(a) to suspend the appointee, and end the suspension; or\n(b) to end the appointment, and appoint someone else or reappoint\nthe appointee if the appointee is eligible to be appointed to the\nposition; or\n(c) to reappoint the appointee if the appointee is eligible to be\nappointed to the position.\n(2) The power to suspend the appointee, end the appointment or\nreappoint the appointee is exercisable in the same way, and subject to\nthe same conditions, as the power to make the appointment.\nIf the appointment power is exercisable only on the recommendation of a body, the\npower to suspend, end the appointment or reappoint is exercisable only on the\nrecommendation of the body.\n","sortOrder":204},{"sectionNumber":"209","sectionType":"section","heading":"Power of appointment includes power to make acting","content":"209 Power of appointment includes power to make acting\nappointment\n(1) If the appointer’s power is the power to make an appointment to a\nposition, the power to make the appointment also includes power to\nappoint a person, or 2 or more people, to act in the position—\n(a) during any vacancy, or all vacancies, in the position, whether or\nnot an appointment has previously been made to the position; or\n\n(b) during any period, or all periods, when the appointee cannot for\nany reason exercise functions of the position.\nExamples—par (b)\n1 the appointee is ill or on leave\n2 the appointee is acting in another position\n3 the appointee is outside the ACT or Australia\n(2) The power to appoint a person to act is exercisable in the same way,\nand subject to the same conditions, as the power to make the\nappointment.\nIf the appointment power is exercisable only on the recommendation of a body, the\npower to appoint a person to act is exercisable only on the recommendation of the\nbody.\n(3) Without limiting subsection (2), if the law (or another law) requires—\n(a) the appointee to hold a qualification; or\n(b) the appointer (or someone else) to be satisfied about the\nappointee’s suitability (whether in terms of knowledge,\nexperience, character or any other personal quality) before\nappointing the appointee to the position;\na person may only be appointed to act in the position if the person\nholds the qualification or the appointer (or other person) is satisfied\nabout the person’s suitability.\n1 If an Act requires the appointee to be a magistrate, a person can be appointed\nto act in the position only if the person is a magistrate.\n2 If a regulation requires the appointee to be a lawyer of at least 5 years standing,\na person can be appointed to act in the position only if the person is a lawyer\nof at least 5 years standing.\n\nAppointments—general Division 19.3.1\n3 If an Act requires the appointee to have, in the Executive’s opinion,\nappropriate expertise, training or experience in relation to the needs of a\nparticular group of people, a person can be appointed to act in the position\nonly if the person has, in the Executive’s opinion, that expertise, training or\nexperience.\n","sortOrder":205},{"sectionNumber":"210","sectionType":"section","heading":"Resignation of appointment","content":"210 Resignation of appointment\n(1) An appointment ends if the appointee resigns by signed notice of\nresignation given to the appointer.\n(2) However, if the appointer is the Executive, the notice of resignation\nmay be given to a Minister.\n","sortOrder":206},{"sectionNumber":"211","sectionType":"section","heading":"Appointment not affected by appointer changes","content":"211 Appointment not affected by appointer changes\n(1) If the appointer is a body, an appointment made by the body does not\nend only because the membership of the body changes.\nan appointment made by the person does not end only because the\nperson ceases to be the occupant of the position.\n","sortOrder":207},{"sectionNumber":"212","sectionType":"section","heading":"Appointment not affected by defect etc","content":"212 Appointment not affected by defect etc\nAn appointment, or anything done under an appointment, is not\ninvalid only because of a defect or irregularity in or in relation to the\nappointment.\n\n","sortOrder":208},{"sectionNumber":"215","sectionType":"section","heading":"Application—div 19.3.2","content":"215 Application—div 19.3.2\nThis division applies if a law gives an entity (the appointer) power to\nappoint a person to act in a position under a law.\nNote A power to make an appointment includes power to make an acting\nappointment (see s 209).\n","sortOrder":209},{"sectionNumber":"216","sectionType":"section","heading":"Acting appointments must be in writing etc","content":"216 Acting appointments must be in writing etc\n(1) An acting appointment must be made, or evidenced, by writing\n(the instrument of appointment) signed by the appointer.\n(2) If a law provides for a maximum or minimum period of appointment,\nthe instrument of appointment must state the period for which the\nacting appointment is made.\nExamples—stated appointment periods\n1 1 year\n2 until 31 December 2002 (a period of 9 months)\nNote See also s 219 (Appointer may decide terms of acting appointment etc)\nand s 221 (How long does an acting appointment operate?)\n","sortOrder":210},{"sectionNumber":"217","sectionType":"section","heading":"Acting appointment may be made by name or position","content":"217 Acting appointment may be made by name or position\n(1) The appointer may make an acting appointment by—\n(a) naming the person appointed; or\n(2) For this division, the person named, or the occupant of the position\nnominated, is the appointee.\n\nActing appointments Division 19.3.2\n","sortOrder":211},{"sectionNumber":"218","sectionType":"section","heading":"Instrument may provide when acting appointment has","content":"218 Instrument may provide when acting appointment has\neffect etc\nThe instrument making or evidencing the acting appointment may\nprovide that the appointment has effect only in stated circumstances\nor subject to stated conditions or limitations.\n1 The instrument relating to a standing (or dormant) acting appointment for a\nposition provides that when the substantive occupant of the position (Y) is\noverseas X may act in the position, but may exercise stated powers of the\nposition only with Y’s approval.\n2 X is appointed to act in Y’s position if Y is out of the ACT and a declaration\nof acute fire danger is published under the ABC Act 2000.\n","sortOrder":212},{"sectionNumber":"219","sectionType":"section","heading":"Appointer may decide terms of acting appointment etc","content":"219 Appointer may decide terms of acting appointment etc\n(1) The appointer may—\n(a) decide the terms of the acting appointment, including any\nremuneration and allowances; and\n(b) end the appointment at any time.\nExample—par (b)\nA appoints X to act in a position for 10 months. Two months after X begins to act,\nA ends the appointment.\nNote See also s 221 (How long does an acting appointment operate?)\n(2) The power to end the acting appointment is exercisable in the same\nway, and subject to the same conditions, as the power to make the\nacting appointment.\nIf the power to make the acting appointment is exercisable only on the\nrecommendation of a body, the power to end the appointment is exercisable only\non the recommendation of the body.\n\n","sortOrder":213},{"sectionNumber":"220","sectionType":"section","heading":"Appointee may exercise functions under acting","content":"220 Appointee may exercise functions under acting\nappointment etc\nWhile the appointee is acting in the position—\n(a) the appointee has, subject to the instrument making or\nevidencing the appointment, all the functions of the occupant of\nthe position; and\n(b) all territory laws apply in relation to the appointee as if the\nappointee were the occupant of the position.\n","sortOrder":214},{"sectionNumber":"221","sectionType":"section","heading":"How long does an acting appointment operate?","content":"221 How long does an acting appointment operate?\n(1) If the appointee acts in the position because it is vacant, the appointee\nmay not act for more than 1 year after the position became vacant.\nNote See also s 219 (Appointer may decide terms of acting appointment etc).\n(2) If the appointee is acting in a position that becomes vacant while the\nappointee is acting, the appointee may continue to act until the first\nof the following happens:\n(a) the appointer ends the appointment;\n(b) the vacancy is filled;\n(c) 1 year after the position became vacant.\nA appoints X to act in Y’s position for a year while Y is on secondment in another\nagency. Three months after X begins to act, Y is permanently transferred to the\nother agency. One month later, Z is appointed to the position in which X is acting.\nThe appointment of Z brings X’s acting appointment to an end.\n\nActing appointments Division 19.3.2\n(3) If the appointee acts in the position because the occupant of the\nposition cannot exercise functions and the occupant resumes the\nexercise of the functions, the appointment no longer authorises the\nappointee to act on that occasion.\n","sortOrder":215},{"sectionNumber":"222","sectionType":"section","heading":"Resignation of acting appointment","content":"222 Resignation of acting appointment\n(1) An acting appointment ends if the appointee resigns by signed notice\nof resignation given to the appointer.\n(2) However, if the appointer is the Executive, the notice of resignation\nmay be given to a Minister.\n","sortOrder":216},{"sectionNumber":"223","sectionType":"section","heading":"Effect of acting appointment on substantive appointment","content":"223 Effect of acting appointment on substantive appointment\netc\n(1) If the appointee is the occupant of another position under a law\n(the substantive position), the appointee does not cease to occupy the\nsubstantive position only because of the appointee’s appointment or\nbecause the appointee acts under the appointment.\n(2) This section does not prevent an acting appointment being made to\nthe substantive position.\n","sortOrder":217},{"sectionNumber":"224","sectionType":"section","heading":"Acting appointment not affected by appointer changes","content":"224 Acting appointment not affected by appointer changes\n(1) If the appointer is a body, an acting appointment made by the body\ndoes not end only because the membership of the body changes.\nan acting appointment made by the person does not end only because\nthe person ceases to be the occupant of the position.\n\n","sortOrder":218},{"sectionNumber":"225","sectionType":"section","heading":"Acting appointment not affected by defect etc","content":"225 Acting appointment not affected by defect etc\n(1) An acting appointment, or anything done under an acting\nappointment, is not invalid only because of a defect or irregularity in\nor in relation to the appointment.\n(2) Anything done by or in relation to the appointee while the appointee\npurports to act in the position is not invalid only because—\n(a) the occasion for the appointment had not arisen or had ended; or\n(b) the appointment had ended; or\n(c) the occasion for the appointee to act had not arisen or had ended.\n","sortOrder":219},{"sectionNumber":"225A","sectionType":"section","heading":"Application—div 19.3.2A","content":"225A Application—div 19.3.2A\nThis division applies to a position if a law provides that a person acts\nin the position in stated circumstances.\nThe Hypothetical Act 2003 provides for the deputy director of the hypothetical\nentity to act in the position of director of the entity if the position is vacant or the\ndirector cannot for any reason exercise the functions of the position.\n","sortOrder":220},{"sectionNumber":"225B","sectionType":"section","heading":"Person acting under standing acting arrangement may","content":"225B Person acting under standing acting arrangement may\nexercise functions etc\n(1) A person acting in the position has, subject to the law providing for\nthe acting or any other law, all the functions of the occupant of the\nposition.\n(2) All territory laws apply in relation to the person as if the person were\nthe occupant of the position.\n\nAppointments—Assembly consultation Division 19.3.3\n","sortOrder":221},{"sectionNumber":"Div 19","sectionType":"division","heading":"3.3 Appointments—Assembly","content":"Division 19.3.3 Appointments—Assembly\nconsultation\n","sortOrder":222},{"sectionNumber":"226","sectionType":"section","heading":"Meaning of statutory position—div 19.3.3","content":"226 Meaning of statutory position—div 19.3.3\nIn this division:\nstatutory position means a position (including as a member of a\nterritory authority) established under an Act.\nNote Position includes office (see dict, pt 1, def position).\n","sortOrder":223},{"sectionNumber":"227","sectionType":"section","heading":"Application—div 19.3.3","content":"227 Application—div 19.3.3\n(1) This division applies if a Minister has the power under an Act to\nappoint a person to a statutory position.\n(2) However, this division does not apply to an appointment of—\n(a) a public servant to a statutory position (whether or not the Act\nunder which the appointment is made requires that the appointee\nbe a public servant); or\n(b) a person to, or to act in, a statutory position for not longer than\n6 months, unless the appointment is of the person to, or to act in,\nthe position for a 2nd or subsequent consecutive period; or\n(c) a person to a statutory position if the only function of the\nposition is to advise the Minister.\n","sortOrder":224},{"sectionNumber":"228","sectionType":"section","heading":"Consultation with relevant Assembly committee","content":"228 Consultation with relevant Assembly committee\n(1) Before making an appointment to a statutory position, a Minister must\nconsult the relevant Assembly committee.\n(2) The committee may make a recommendation to the Minister about\nthe proposed appointment.\n(3) The Minister must not make the appointment until the Minister has\nreceived a recommendation or 30 days have passed since the\nconsultation took place, whichever happens first.\n\nDivision 19.3.3 Appointments—Assembly consultation\n(4) In making the appointment, the Minister must have regard to any\nrecommendation received.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (1).\n","sortOrder":225},{"sectionNumber":"229","sectionType":"section","heading":"Appointment is disallowable instrument","content":"229 Appointment is disallowable instrument\nThe instrument making, or evidencing, an appointment to which this\ndivision applies is a disallowable instrument.\nNote A disallowable instrument must be notified and presented to the\nLegislative Assembly (see ch 7 (Presentation, amendment and\ndisallowance of subordinate laws and disallowable instruments)).\n\n","sortOrder":226},{"sectionNumber":"230","sectionType":"section","heading":"Application—pt 19.4 generally","content":"230 Application—pt 19.4 generally\nThis part applies if a law authorises or requires an entity\n(the appointer) to delegate (or subdelegate) a function.\n","sortOrder":227},{"sectionNumber":"231","sectionType":"section","heading":"Application—pt 19.4 to subdelegations","content":"231 Application—pt 19.4 to subdelegations\n(1) This part applies to the subdelegation of a function in the same way\nas it applies to the delegation of the function.\n(2) However, if the appointer delegates a function to a delegate, the\ndelegate may not subdelegate the function.\n(3) Subsection (2) is a determinative provision.\n1 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions\nto Y. The Act is silent on the subdelegation of the functions. Y may not\nsubdelegate X’s functions to Z.\n2 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions\nto Y, with authority for Y to subdelegate the functions. Because the Act\nauthorises subdelegation, it expressly displaces this Act, section 231 (2) (see\ns 6). Y can therefore subdelegate X’s functions to Z (compare s 236, which\ndeals with the subdelegation of a power to delegate).\n","sortOrder":228},{"sectionNumber":"232","sectionType":"section","heading":"Delegation must be in writing etc","content":"232 Delegation must be in writing etc\nA delegation must be made, or evidenced, by writing signed by the\nappointer.\n\n","sortOrder":229},{"sectionNumber":"233","sectionType":"section","heading":"Delegation may be made by name or position","content":"233 Delegation may be made by name or position\n(1) The appointer may delegate by—\n(a) naming the person to whom the delegation is made; or\n(2) For this part, the person named, or the occupant of the position\nnominated, is the delegate.\n","sortOrder":230},{"sectionNumber":"234","sectionType":"section","heading":"Instrument may provide when delegation has effect etc","content":"234 Instrument may provide when delegation has effect etc\nThe instrument making or evidencing a delegation may provide—\n(a) that the delegation has effect only in stated circumstances or\nsubject to stated conditions, limitations or directions; or\n(b) that all of a function, or a stated part of the function, is delegated.\n1 The delegation provides that, when the appointer (Y) is outside Australia, the\ndelegate (X) may exercise her functions except that stated functions may only\nbe exercised with Y’s approval.\n2 The delegation provides that X may enter into a contract for the purchase of\nproperty of not more than $50 000 in value.\n3 The delegation provides that X may grant licences under a stated Act but that,\nin considering applications, X must take account of the policy of the agency\n(authorised by the Act) that there should not be more than 100 licences current\nat any time.\n","sortOrder":231},{"sectionNumber":"235","sectionType":"section","heading":"Delegation may be made to 2 or more delegates","content":"235 Delegation may be made to 2 or more delegates\nThe appointer may delegate the appointer’s function, or any part of\nthe function, to 2 or more delegates.\n\n","sortOrder":232},{"sectionNumber":"236","sectionType":"section","heading":"Power to delegate may not be delegated","content":"236 Power to delegate may not be delegated\n(1) The appointer may not delegate the appointer’s power to delegate.\n(2) Subsection (1) is a determinative provision.\n1 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions\nto Y. The Act is silent on X’s power to delegate the power to delegate. X may\nnot delegate X’s power to delegate to Y.\n2 The ABC Act 2003 provides that an appointer (X) may delegate X’s functions\nto Y, with authority for X to delegate X’s power to delegate. Because the Act\nauthorises the delegation of the power to delegate, it expressly displaces this\nAct, s 236 (1) (see s 6). X can therefore delegate X’s power to delegate to Y\n(compare s 231, which deals with the subdelegation of a delegated function).\n","sortOrder":233},{"sectionNumber":"237","sectionType":"section","heading":"Delegation may be amended or revoked","content":"237 Delegation may be amended or revoked\n(1) The appointer may amend a delegation or revoke it completely or\npartly.\n(2) The power to amend or revoke a delegation is exercisable in the same\nway, and subject to the same conditions, as the power to delegate.\nIf the power to delegate is exercisable only with the Minister’s approval, the power\nto revoke the delegation is exercisable only with the Minister’s approval.\n","sortOrder":234},{"sectionNumber":"238","sectionType":"section","heading":"Appointer responsible for delegated function","content":"238 Appointer responsible for delegated function\nThe delegation of a function, or a part of a function, does not relieve\nthe appointer of the appointer’s obligation to ensure that the function\nis properly exercised.\n\n","sortOrder":235},{"sectionNumber":"239","sectionType":"section","heading":"Exercise of delegation by delegate","content":"239 Exercise of delegation by delegate\n(1) A delegate must exercise the delegation subject to any conditions,\nlimitations or directions in the instrument making or evidencing the\ndelegation.\n(2) All territory laws apply to the delegate in the exercise of the\ndelegation as if the delegate were the appointer.\n(3) Without limiting subsection (2), if the exercise of a function by the\nappointer is dependent on the appointer’s state of mind and the\nfunction is delegated, the function may be exercised by the delegate\non the delegate’s state of mind.\n(4) Anything done by or in relation to the delegate in the exercise of the\ndelegation is taken to have been done by or in relation to the\nappointer.\nNote 1 Section 94 provides that a delegation under a law that is in force\nimmediately before an amendment of the law continues to have effect as\nif made under the amended law.\nNote 2 Section 196 gives a delegate the powers necessary or convenient to\nexercise a delegated function.\nstate of mind includes knowledge, intention, opinion, belief or\npurpose.\n","sortOrder":236},{"sectionNumber":"240","sectionType":"section","heading":"Appointer may exercise delegated function","content":"240 Appointer may exercise delegated function\nA function that has been delegated may, despite the delegation, be\nexercised by the appointer.\n\n","sortOrder":237},{"sectionNumber":"241","sectionType":"section","heading":"Delegation not affected by appointer changes","content":"241 Delegation not affected by appointer changes\n(1) If the appointer is a body, a delegation made by the body does not end\nonly because the membership of the body changes.\na delegation made by the person does not end only because the person\nceases to be the occupant of the position.\n","sortOrder":238},{"sectionNumber":"242","sectionType":"section","heading":"Delegation not affected by defect etc","content":"242 Delegation not affected by defect etc\n(1) A delegation, or anything done under a delegation, is not invalid only\nbecause of a defect or irregularity in or in relation to the delegation.\n(2) Anything done by or in relation to the delegate while the delegate\npurports to exercise the delegation is not invalid only because—\n(a) the delegation had been amended or revoked; or\n(b) the occasion for the delegate to exercise the delegation had not\narisen or had ended.\n\n","sortOrder":239},{"sectionNumber":"245","sectionType":"section","heading":"Application—pt 19.5","content":"245 Application—pt 19.5\nThis part applies to a document that is authorised or required under a\nlaw to be served (whether the word ‘serve’, ‘give’, ‘notify’, ‘send’ or\n‘tell’ or any other word is used).\n","sortOrder":240},{"sectionNumber":"246","sectionType":"section","heading":"Definitions—pt 19.5","content":"246 Definitions—pt 19.5\nadministrator, of a law, means the entity administering or responsible\nfor the law.\nagency means—\n(a) an administrative unit; or\n(b) a statutory office-holder; or\n(c) any other entity established for a public purpose under a law;\nand includes a member of, or a member of the staff of, the agency.\nbusiness address, of an individual, corporation or agency in relation\nto anything done or to be done under a law, includes the latest\nbusiness address, or address for service of notices (however\ndescribed), of the individual, corporation or agency (if any) recorded\nin a register or other records kept by the administrator of the law.\ncorporation does not include an agency.\ndocument includes a notice, an article that may be sent by post or\nanything else.\nemail address, of an individual, corporation or agency in relation to\nanything done or to be done under a law, includes the latest email\naddress of the individual, corporation or agency (if any) recorded in\na register or other records kept by the administrator of the law.\n\nexecutive officer means—\n(a) for a corporation—a person (however described and whether or\nnot the person is a director of the corporation) who is concerned\nwith, or takes part in, the corporation’s management; or\n(b) for an agency that is an administrative unit—the director-general\nof the administrative unit; or\n(c) for an agency that is a statutory office-holder—the occupant of\nthe position; or\n(d) for an agency constituted by 2 or more people—the person who\nis entitled, because of the position occupied by the person, to\npreside at any meeting of the agency at which the person is\npresent; or\n(e) for any other agency—the chief executive officer (however\ndescribed) of the agency; or\n(f) for any agency—a person (however described) who is\nconcerned with, or takes part in, the agency’s management.\nfax number, of an individual, corporation or agency in relation to\nanything done or to be done under a law, includes the latest fax\nnumber of the individual, corporation or agency (if any) recorded in\na register or other records kept by the administrator of the law.\nhome address, of an individual in relation to anything done or to be\ndone under a law, includes the latest home address, or address for\nservice of notices (however described), of the person (if any) recorded\nin a register or other records kept by the administrator of the law.\nresponsible, for a law, means allocated responsibility for the law\nunder the Public Sector Management Act 1994, section 14 (1) (b)\n(Ministerial responsibility and functions of administrative units).\n\n","sortOrder":241},{"sectionNumber":"247","sectionType":"section","heading":"Service of documents on individuals","content":"247 Service of documents on individuals\n(1) A document may be served on an individual—\n(a) by giving it to the individual; or\n(b) by sending it by prepaid post, addressed to the individual, to a\nhome or business address of the individual; or\n(c) by faxing it to a fax number of the individual; or\n(d) by emailing it to an email address of the individual; or\n(e) by leaving it, addressed to the individual, at a home or business\naddress of the individual with someone who appears to be at\nleast 16 years old and to live or be employed at the address.\n(2) This section applies to service of a document outside the ACT in the\nsame way as it applies to service of the document in the ACT.\n","sortOrder":242},{"sectionNumber":"248","sectionType":"section","heading":"Service of documents on corporations","content":"248 Service of documents on corporations\n(1) A document may be served on a corporation—\n(a) by giving it to an executive officer of the corporation; or\n(b) by sending it by prepaid post, addressed to the corporation (or an\nexecutive officer of the corporation), to the address of any of its\nregistered offices or any other business address of the\ncorporation; or\n(c) by faxing it to a fax number of the corporation; or\n(d) by emailing it to an email address of the corporation; or\n\n(e) by leaving it, addressed to the corporation (or an executive\nofficer of the corporation), at the address of any of the\ncorporation’s registered offices, or any other business address of\nthe corporation, with someone who appears to be at least\n16 years old and to be employed at the address.\n(2) This section applies to service of a document outside the ACT in the\nsame way as it applies to service of the document in the ACT.\n","sortOrder":243},{"sectionNumber":"249","sectionType":"section","heading":"Service of documents on agencies","content":"249 Service of documents on agencies\nA document may be served on an agency—\n(a) by giving it to an executive officer of the agency; or\n(b) by sending it by prepaid post, addressed to the agency (or an\nexecutive officer of the agency), to the address of any office of\nthe agency or any other business address of the agency; or\n(c) by faxing it to a fax number of the agency; or\n(d) by emailing it to an email address of the agency; or\n(e) by leaving it, addressed to the agency (or an executive officer of\nthe agency), at the address of any of the agency’s offices or any\nother business address of the agency with someone who appears\nto be employed at the agency.\n\n","sortOrder":244},{"sectionNumber":"250","sectionType":"section","heading":"When document taken to be served","content":"250 When document taken to be served\n(1) A document served by post under this part is taken to be served when\nthe document would have been delivered in the ordinary course of\npost.\n(2) However, subsection (1) does not affect the operation of the Evidence\nAct 2011, section 160 (Postal articles).\nNote The Evidence Act 2011, s 160 provides a rebuttable presumption that a\npostal article sent by prepaid post addressed to a person at an address in\nAustralia or an external territory was received on the 7th working day\nafter posting.\n(3) If the sender has no reason to suspect that a document served by fax\nor email under this part was not received by the recipient when sent,\nthe document is presumed to be served when sent unless evidence\nsufficient to raise doubt about the presumption is given.\n(4) For subsection (3), the sender has reason to suspect that a document\nserved by fax or email under this part was not received by the\nrecipient when sent only if, on the day the document was sent or on\nthe next working day, the equipment the sender used to send the\ndocument indicated by way of a signal or other message that—\n(a) the equipment did not send the document when the equipment\nwas used to send the document; or\n(b) for a fax—the number to which the fax was sent to the recipient\nwas not a fax number of the recipient; or\n(c) for an email—the address to which the email was sent was not\nan email address of the recipient.\n(5) A document addressed to the recipient, and left for the recipient as\nmentioned in section 247 (e), section 248 (e) or section 249 (e), is\ntaken to be served when it was left.\nrecipient, for a document, means the individual, corporation or\nagency on whom the document is intended to be served.\n\nsender, for a document served, or to be served, by fax or email, means\nthe person sending, or seeking to send, the document.\n","sortOrder":245},{"sectionNumber":"251","sectionType":"section","heading":"Other laws not affected etc","content":"251 Other laws not affected etc\n(1) This part does not affect the operation of any other law that authorises\nor requires service of a document otherwise than as provided under\nthis part.\n(2) Despite this part, a law (or, if the law is an Act, a regulation under the\nAct) may provide—\n(a) that a document of a particular kind may or must be served\n(however described) only in a particular way or to a particular\naddress or number; or\n(b) for the date (or date and time) when service (however described)\nof a document is taken to have been made.\n","sortOrder":246},{"sectionNumber":"252","sectionType":"section","heading":"Powers of courts and tribunals not affected","content":"252 Powers of courts and tribunals not affected\nThis part does not affect the power of a court or tribunal to authorise\nor require service of a document otherwise than as provided under\nthis part.\n\nPart 19.6 Functions of Executive and Ministers\nPart 19.6 Functions of Executive and\nMinisters\n253 Exercise of functions of Executive\n(1) A function given to the Executive under an Act may be exercised by\nany 2 Ministers acting in concert.\n(2) The exercise of a function under subsection (1) is taken to be the\nexercise of the function by the Executive.\n(3) Despite subsection (1), a statutory instrument (other than a\nsubordinate law or disallowable instrument) to be made by the\nExecutive must be signed by the Chief Minister and 1 or more other\nMinisters who are members of the Executive.\n(4) A statutory instrument mentioned in subsection (3) made in\naccordance with the subsection is taken to be made when it is signed\nby the second Minister signing.\n(5) This section is subject to section 41 (Making of certain statutory\ninstruments by Executive).\nAct includes an Act of the Commonwealth.\nstatutory instrument includes an instrument (whether or not\nlegislative in nature) made under—\n(a) an Act of the Commonwealth; or\n(b) another statutory instrument of the Commonwealth; or\n(c) power given by an Act or statutory instrument of the\nCommonwealth and also power given otherwise by law.\n\nFunctions of Executive and Ministers Part 19.6\n","sortOrder":247},{"sectionNumber":"254","sectionType":"section","heading":"Administration of matters not allocated","content":"254 Administration of matters not allocated\nIf a matter relating to the Executive’s functions is not allocated under\nthe Self-Government Act, section 43 (1), the Chief Minister\nadministers the matter.\n","sortOrder":248},{"sectionNumber":"254A","sectionType":"section","heading":"Delegation by Minister","content":"254A Delegation by Minister\nA Minister may delegate the Minister’s functions under an Act or\nstatutory instrument to anyone else.\nNote For the making of delegations and the exercise of delegated functions,\nsee pt 19.4.\n\n","sortOrder":249},{"sectionNumber":"255","sectionType":"section","heading":"Forms","content":"255 Forms\n(1) This section applies if an Act, subordinate law or disallowable\ninstrument (the authorising law) authorises or requires a form to be\napproved or prescribed under an Act or statutory instrument\n(the relevant law).\nNote See also s 46 (3), which deals with the repeal and replacement of forms\nthat are legislative instruments and prevents their amendment.\n(2) The authorising law authorises a form to be approved or prescribed\nin relation to any matter under or in relation to the relevant law.\n(3) To remove any doubt, a form may be approved or prescribed for a\nprovision of the relevant law even though the provision does not\nmention a form.\n(4) Substantial compliance with a form is sufficient.\n(5) However, if a form requires—\n(a) the form to be signed; or\n(b) the form to be prepared in a particular way (for example, on\npaper of a particular size or quality or in a particular electronic\nform); or\n(c) the form to be completed in a particular way; or\n(d) particular information to be included in the form, or a particular\ndocument to be attached to or given with the form; or\n(e) the form, information in the form, or a document attached to or\ngiven with the form, to be verified in a particular way (for\nexample, by statutory declaration);\nthe form is properly completed only if the requirement is complied\nwith.\n\nOther matters Part 19.7\n(6) Despite subsection (5), the person need not comply with the\nrequirement mentioned in subsection (5) (d) (and the form is taken to\nbe properly completed despite the noncompliance) if—\n(a) the form is approved or prescribed for a purpose; and\n(b) the information or document is not reasonably necessary for the\npurpose.\n1 A person need not comply with a requirement of an approved form to include\npersonal information (eg marital status) irrelevant to a purpose for which the\nform is required.\n2 A person need not comply with a requirement of an approved form that has\nsome relevance to a purpose for which the form is required, but intrudes to an\nunreasonable extent on personal privacy.\n(7) If—\n(a) a form (form 1) may be approved or prescribed for a purpose;\nand\n(b) another form (form 2) may be approved or prescribed for the\nsame or another purpose; and\n(c) separate forms 1 and 2 are approved or prescribed;\na combination form, consisting of forms 1 and 2, may be approved or\nprescribed and used for the purpose or purposes.\n(8) If, under a law, a form is authorised or required to be filed with\n(however described), or served on (however described), a person, the\nform may be filed with, or served on, someone else under\narrangements made between them.\n\n","sortOrder":250},{"sectionNumber":"256","sectionType":"section","heading":"Production of records kept in computers etc","content":"256 Production of records kept in computers etc\n(a) a person uses an electronic or other device to keep a record of\ninformation; and\n(b) the person is required under a law (however the law is\nexpressed) to give the information, or a document containing the\ninformation, to an authority.\n(2) The requirement obliges the person to give to the authority a\ndocument that accurately reproduces or contains the information in a\nform that can be understood by the authority.\nauthority means a court, tribunal or other entity.\n","sortOrder":251},{"sectionNumber":"257","sectionType":"section","heading":"Out-of-session presentation of documents to Legislative","content":"257 Out-of-session presentation of documents to Legislative\n(1) This section applies if a provision of a law requires a person to present\na document to the Legislative Assembly within a stated period that is\nnot expressed as a stated number of sitting days.\n(2) If it is not reasonably practicable to present the document within the\nstated period—\n(a) the person may give the document, and a copy for each member\nof the Legislative Assembly, to the Speaker before the end of\nthe stated period; and\n(b) the document is taken for all purposes to have been presented to\nthe Legislative Assembly on the day the person gives it to the\nSpeaker; and\n(c) the Speaker must arrange for a copy of the document to be given\nto each member of the Legislative Assembly; and\n\nOther matters Part 19.7\n(d) the Speaker must present the document to the Legislative\nAssembly—\n(i) on the next sitting day; or\n(ii) if the next sitting day is the first meeting of the Legislative\nAssembly after a general election of members of the\nAssembly—on the second sitting day after the election.\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and the Deputy Speaker are unavailable—\nthe clerk of the Legislative Assembly.\nunavailable—the Speaker or Deputy Speaker is unavailable if—\n(a) he or she is absent from duty; or\n(b) there is a vacancy in the office of Speaker or Deputy Speaker.\n\n","sortOrder":252},{"sectionNumber":"300","sectionType":"section","heading":"Delegation by parliamentary counsel","content":"300 Delegation by parliamentary counsel\n(1) The parliamentary counsel may delegate the parliamentary counsel’s\nfunctions under this Act or another territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee pt 19.4.\n(2) However, the parliamentary counsel may only delegate a function\nunder part 11.3 (Editorial changes) to—\n(a) a person performing the duties of deputy parliamentary counsel\nin the public service; or\n(b) a public servant prescribed by regulation.\n","sortOrder":253},{"sectionNumber":"301","sectionType":"section","heading":"References to Administration Act 1989 etc","content":"301 References to Administration Act 1989 etc\n(1) In any Act, statutory instrument or document, a reference to the\nAdministration Act 1989, the Interpretation Act 1967, the Legislation\n(Republication) Act 1996 or the Subordinate Laws Act 1989 is, in\nrelation to anything dealt with in this Act, a reference to this Act.\n(2) In any Act, statutory instrument or document, a reference to a\nparticular provision of the Administration Act 1989, the\nInterpretation Act 1967, the Legislation (Republication) Act 1996 or\nthe Subordinate Laws Act 1989 is, in relation to anything dealt with\nin this Act, a reference to the corresponding provision of this Act.\n","sortOrder":254},{"sectionNumber":"302","sectionType":"section","heading":"Regulation-making power","content":"302 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder this Act.\n\nActs included in sources of law in the ACT Schedule 1\nFormer NSW and UK Acts in force before establishment of Territory Part 1.1\n","sortOrder":255},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Acts included in sources of law","content":"Schedule 1 Acts included in sources of law\nin the ACT\n(see s 17)\n","sortOrder":256},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Former NSW and UK Acts in","content":"Part 1.1 Former NSW and UK Acts in\nforce before establishment of\nTerritory\nitem\nname of Act\nnumber or date of assent and\noriginal jurisdiction\n1 Magna Carta (1297) 25 Edw 1 c 29 (UK)\n2 Criminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4 (UK)\n3 Due Process of Law Act 1354 28 Edw 3 c 3 (UK)\n4 Due Process of Law Act 1368 42 Edw 3 c 3 (UK)\n5 Free Access to Courts Act 1400 2 Hen 4 c 1 (UK)\n6 Petition of Right 1627 3 Chas 1 c 1 (UK)\n7 Bill of Rights 1688 1 Will and Mary sess 2 c 2 (UK)\n8 Act of Settlement 1700 12 and 13 Will 3 c 2 (UK)\n9 Crimes Act 1900 1900 No 40 (NSW)\n10 Pawnbrokers Act 1902 1902 No 66 (NSW)\n11 Public Roads Act 1902 1902 No 95 (NSW)\n12 Anglican Church of Australia Constitutions\nAct 1902\n24 December 1902 (NSW)\n13 Fertilisers (Labelling and Sale) Act 1904 1904 No 33 (NSW)\n14 Second-hand Dealers Act 1906 1906 No 30 (NSW)\n\nSchedule 1 Acts included in sources of law in the ACT\nPart 1.2 Former NSW Acts applied after establishment of Territory\nPart 1.2 Former NSW Acts applied after\nestablishment of Territory\nNote The former NSW Acts mentioned in this part are in force in the ACT as\nActs of the Legislative Assembly\nitem\nname of NSW Act\napplying Territory Act\n1 Scaffolding and Lifts Act 1912 Scaffolding and Lifts Act 1957 (repealed)\n2 Anglican Church of Australia\nTrust Property Act 1917\nAnglican Church of Australia Trust Property\nAct 1928\n3 Trustee Act 1925 Trustee Act 1957 (repealed)\n4 Anglican Church of Australia\nConstitution Act 1961\nAnglican Church of Australia Trust Property\nAct 1928\nNote The written law of the ACT also includes the following Acts that may not\nbe amended or repealed by the Assembly (see Self-Government Act,\ns 34):\n• Life, Fire and Marine Insurance Act 1902 (NSW)\n• Demise of the Crown Act 1760 (UK)\n• Naval Prize Act 1864 (UK)\n• Naval Prize (Procedure) Act 1916 (UK)\n• Prize Act (1939) (UK)\n• Prize Courts Act 1894 (UK)\n• Prize Courts Act 1915 (UK)\n• Prize Courts (Procedure) Act 1914 (UK)\n• Territorial Waters Jurisdiction Act 1878 (UK).\n\n(see s 2)\nPart 1 Meaning of commonly-used\nterms\n(see s 144)\nNote Terms that are defined only for this Act are set out in pt 2.\nACAT means the ACT Civil and Administrative Tribunal established\nunder the ACT Civil and Administrative Tribunal Act 2008.\nAct—see the following sections:\n(a) section 7 (Meaning of Act generally);\n(b) section 17 (References to Acts include references to former\nCwlth enactments etc).\nNote See also s 102 (References to laws include references to laws as in force\nfrom time to time) and s 104 (References to laws include references to\ninstruments under laws).\nACT means the Australian Capital Territory.\nADI—see authorised deposit-taking institution.\nadministrative unit means an administrative unit for the time being\nestablished under the Public Sector Management Act 1994,\nsection 13 (1).\nadult means an individual who is at least 18 years old.\nambulance service means the ACT Ambulance Service established\nunder the Emergencies Act 2004.\n\namend includes—\n(a) for an Act or statutory instrument—omit, insert, substitute,\nrenumber or relocate a provision of the Act or instrument; and\n(b) for an Act or statutory instrument (or a provision of it)—amend\nby implication; and\n(c) for a provision of an Act or statutory instrument—omit the\nprovision (or a part of it), substitute another provision for the\nprovision (or a part of it), renumber the provision (or a part of\nit) or relocate the provision (or a part of it); and\n(d) for any other instrument, a provision of an instrument or a\ndecision—change or alter.\nappoint includes reappoint.\nAS—see section 164 (1) (References to Australian Standards etc).\nAS/NZS—see section 164 (2) (References to Australian Standards\netc).\nasset includes property of any kind.\nAttorney-General means the Minister designated Attorney-General\nby the Chief Minister, and includes a Minister authorised by the Chief\nMinister to act on behalf of the Attorney-General.\nauditor-general means the Auditor-General for the Territory under\nthe Auditor-General Act 1996.\nAustralia means the Commonwealth of Australia and, when used in\na geographical sense, does not include an external territory.\nAustralian citizen means a person who is an Australian citizen under\nthe Australian Citizenship Act 2007 (Cwlth).\nAustralian Consumer Law (ACT) means the provisions applying\nbecause of the Fair Trading (Australian Consumer Law) Act 1992,\nsection 7 (Application of Australian Consumer Law).\n\nAustralian Criminal Intelligence Commission means the Australian\nCrime Commission established by the Australian Crime Commission\nAct 2002 (Cwlth), section 7, and also known as the Australian\nCriminal Intelligence Commission.\nNote The Australian Crime Commission Act 2002 (Cwlth), s 7 (1A) provides\nthat the Australian Crime Commission may also be known by a name\nspecified in the regulations. The Australian Crime Commission\nRegulations 2002 (Cwlth), s 3A specifies the Australian Criminal\nIntelligence Commission for that Act, s 7 (1A).\nAustralian driver licence—see the Road Transport (Driver\nLicensing) Act 1999, dictionary.\nNote Australian driver licence is defined in the Road Transport (Driver\nLicensing) Act 1999, dict to mean a licence (including a conditional\nlicence, learner licence, probationary licence, provisional licence or\nrestricted licence or a driver licence receipt) issued under the law of the\nACT, the Commonwealth, a State or an internal Territory authorising the\nholder to drive a motor vehicle on a road or road related area.\nAustralian/New Zealand Standard—see section 164 (2) (References\nto Australian Standards etc).\nAustralian Standard—see section 164 (1) (References to Australian\nStandards etc).\nAustralian statistician means the Australian Statistician under the\nAustralian Bureau of Statistics Act 1975 (Cwlth).\nauthorised deposit-taking institution (or ADI) means an authorised\ndeposit-taking institution under the Banking Act 1959 (Cwlth).\nbank means an authorised deposit-taking institution that is permitted\nunder the Banking Act 1959 (Cwlth) to assume or use—\n(a) the word ‘bank’, ‘banker’ or ‘banking’; or\n(b) any other word (whether or not in English) similar in meaning\nto a word mentioned in paragraph (a).\nbank holiday means a day that is a bank holiday in the ACT under\nthe Holidays Act 1958, section 4.\n\nbankrupt or personally insolvent—an individual is bankrupt or\npersonally insolvent if the individual—\n(a) under the Bankruptcy Act 1966 (Cwlth)—\n(i) is bankrupt; or\n(ii) is a party to a debt agreement as a debtor; or\n(iii) is a party to a personal insolvency agreement as a debtor\nand the obligations created by the agreement remain\nundischarged; or\n(iv) authorises a controlling trustee to control the individual's\nproperty, whether or not the individual has entered into a\npersonal insolvency agreement as a debtor; or\n(b) has a status under a law of a foreign country substantially similar\nto an individual mentioned in paragraph (a); or\n(c) otherwise applies to take the benefit of any law for the relief of\nbankrupt or insolvent debtors.\nbarrister means a lawyer who practises as a barrister.\nbody includes any group of people joined together for a common\npurpose, whether or not incorporated.\n1 a company\n2 a statutory corporation, whether or not it has members\n3 an association, club or society\n4 a partnership\n5 a joint venture\n6 a corporation sole\nbreach includes contravene.\n\nbuilding code means the building code under the Building Act 2004,\nsection 136.\nNote The building code is the Building Code of Australia, as amended from\ntime to time by the Australian Building Codes Board and the Australian\nCapital Territory Appendix to the Building Code of Australia.\nbuilding society means an authorised deposit-taking institution that is\npermitted under the Banking Act 1959 (Cwlth) to assume or use—\n(a) the term ‘building society’; or\n(b) any other term (whether or not in English) similar in meaning.\nbusiness day means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday or bank holiday in the ACT.\nby regulation includes under a regulation.\nNote See also def under, in relation to an Act or statutory instrument.\ncalendar month means one of the 12 months of the year.\ncalendar year means a period of 12 months beginning on 1 January.\nCanberra Institute of Technology means the Canberra Institute of\nTechnology under the Canberra Institute of Technology Act 1987.\nchange includes change by alteration, omission, substitution or\naddition.\nchief health officer means the Chief Health Officer under the Public\nHealth Act 1997.\nChief Justice means the Chief Justice of the Supreme Court.\nChief Magistrate means the Chief Magistrate of the Magistrates\nCourt.\nChief Minister means the Chief Minister for the Territory.\nNote The Chief Minister is elected under the Self-Government Act, s 40.\n\nchief officer (ambulance service) means the chief officer (ambulance\nservice) under the Emergencies Act 2004.\nchief officer (fire and rescue service) means the chief officer (fire\nand rescue service) under the Emergencies Act 2004.\nchief officer (rural fire service) means the chief officer (rural fire\nservice) under the Emergencies Act 2004.\nchief officer (SES) means the chief officer (SES) under the\nchief planner means the Chief Planner under the Planning Act 2023.\nchief police officer means the police officer responsible to the\ncommissioner of police for the day-to-day administration and control\nof police services in the ACT.\nchief solicitor means the chief solicitor under the Law Officers\nchild, if age rather than descendancy is relevant, means an individual\nwho is under 18 years old.\nchildren and young people commissioner means the Children and\nYoung People Commissioner under the Human Rights Commission\nAct 2005.\nChildrens Court means the Childrens Court under the Magistrates\nCourt Act 1930, section 287.\ncity area means the area that was the City Area under the City Area\nLeases Act 1936 (repealed).\nNote See s 103 for the meaning of references to repealed laws.\ncity renewal authority means the City Renewal Authority established\nunder the City Renewal Authority and Suburban Land Agency\nAct 2017, section 7.\ncivil partner—a person who is in a civil partnership with someone\nelse is the civil partner of the other person.\n\ncivil partnership means a civil partnership under the Domestic\nRelationships Act 1994.\ncivil union means a civil union under the Civil Unions Act 2012.\ncivil union partner—a person who is in a civil union with someone\nelse is the civil union partner of the other person.\nclerk, in relation to the Legislative Assembly, means the Clerk of the\nLegislative Assembly.\nNote The clerk is appointed under the Legislative Assembly (Office of the\nLegislative Assembly) Act 2012.\ncommencement, of an Act or statutory instrument—see section 80.\ncommencement notice—see section 11.\ncommissioner for fair trading means the Commissioner for Fair\nTrading of the Australian Capital Territory under the Fair Trading\n(Australian Consumer Law) Act 1992.\ncommissioner for revenue means the Commissioner for Australian\nCapital Territory Revenue under the Taxation Administration\ncommissioner for sustainability and the environment means the\nCommissioner for Sustainability and the Environment under the\nCommissioner for Sustainability and the Environment Act 1993.\ncommissioner of police means the Commissioner of Police of the\nAustralian Federal Police.\ncommit, a person for trial, means—\n(a) to order that the person be remanded in custody until tried by the\nSupreme Court; or\n(b) to grant bail to the person to appear and be tried by the Supreme\nCourt.\nCommonwealth means the Commonwealth of Australia and, when\nused in a geographical sense, does not include an external territory.\n\nCommonwealth country means a country that forms part of the\nCommonwealth of Nations, and includes a territory for the\ninternational relations of which a Commonwealth country is\nresponsible.\nCommonwealth Criminal Code means the criminal code set out in\nthe Criminal Code Act 1995 (Cwlth), schedule.\nCommonwealth DPP means the Director of Public Prosecutions\nunder the Director of Public Prosecutions Act 1983 (Cwlth).\nCommonwealth gazette means the Commonwealth of Australia\nGazette or the Australian Government Gazette.\nNote The Australian Government Gazette was published from 1 July 1973 to\nconfer, in relation to a function, includes impose.\nconservator of flora and fauna means the Conservator of Flora and\nFauna under the Nature Conservation Act 2014.\nconstruction occupations registrar means the Australian Capital\nTerritory Construction Occupations Registrar under the Construction\nOccupations (Licensing) Act 2004.\ncontravene includes fail to comply with.\nconverted ordinance means an enactment that was an ordinance\nimmediately before self-government day.\nCo-operatives National Law (ACT) means the provisions applying in\nthe ACT because of the Co-operatives National Law (ACT) Act 2017,\nsection 7 (1) (Application of Co-operatives National Law and\nCo-operatives National Regulations).\nCo-operatives National Regulation (ACT) means the provisions\napplying in the ACT because of the Co-operatives National Law\n(ACT) Act 2017, section 7 (5) (Application of Co-operatives National\nLaw and Co-operatives National Regulations).\ncoroner means a coroner under the Coroners Act 1997.\n\nCoroner’s Court means the Coroner’s Court under the Coroners\nAct 1997.\ncorporation includes a body politic or corporate.\nCorporations Act means the Corporations Act 2001 (Cwlth).\ncorrectional centre means a correctional centre under the\nCorrections Management Act 2007.\ncorrections officer means a corrections officer under the Corrections\nManagement Act 2007.\nCourt of Appeal means the Court of Appeal constituted under the\nSupreme Court Act 1933.\ncourt of summary jurisdiction means the Magistrates Court.\ncredit union means an authorised deposit-taking institution that is\npermitted under the Banking Act 1959 (Cwlth) to assume or use—\n(a) the term ‘credit union’; or\n(b) any other term (whether or not in English) similar in meaning.\nCriminal Code means the Criminal Code 2002.\ndaylight means the period in a day from sunrise to sunset.\ndefinition—see section 130.\ndental prosthetist—\nRegulation National Law (ACT) to practise the health profession\nof dental prosthetist (other than as a student); and\n\ndentist—\nRegulation National Law (ACT) to practise the health profession\nof dentist (other than as a student); and\nDeputy Speaker means the Deputy Presiding Officer of the\nLegislative Assembly.\nNote The Deputy Presiding Officer is elected under the Self-Government Act,\ns 21 (2).\ndetention place—see the Children and Young People Act 2008,\nsection 142.\ndirector-general—see section 163.\ndirector of public prosecutions (or DPP) means the Director of\nPublic Prosecutions under the Director of Public Prosecutions\nAct 1990.\ndisability and community services commissioner means the\nDisability and Community Services Commissioner under the Human\nRights Commission Act 2005.\ndisallowable instrument—see section 9.\ndiscrimination commissioner means the Discrimination\ndoctor—\nRegulation National Law (ACT) to practise in the medical\n\ndocument means any record of information, and includes—\n(a) anything on which there is writing; or\n(b) anything on which there are figures, marks, numbers,\nperforations, symbols or anything else having a meaning for\npeople qualified to interpret them; or\n(c) anything from which images, sounds, messages or writings can\nbe produced or reproduced, whether with or without the aid of\nanything else; or\n(d) a drawing, map, photograph or plan.\ndomestic partner—see section 169 (1).\ndomestic partnership—see section 169 (2).\nDPP—see director of public prosecutions.\ndriver licence—see the Road Transport (Driver Licensing) Act 1999,\ndictionary.\nNote Driver licence is defined in the Road Transport (Driver Licensing)\nAct 1999, dict to mean a licence (including a conditional licence, learner\nlicence, probationary licence, provisional licence or restricted licence\nissued under that Act or a driver licence receipt issued under that Act)\nauthorising the holder to drive a motor vehicle on a road or road related\narea.\nelectoral commission means the Australian Capital Territory\nElectoral Commission established under the Electoral Act 1992.\nelectoral commissioner means the Electoral Commissioner under the\nElectoral Act 1992.\nemergency service means the ambulance service, the fire and rescue\nservice, the rural fire service or the SES.\n\nemergency services commissioner means the ACT Emergency\nServices Commissioner under the Emergencies Act 2004.\nenactment, of an Act—see section 29 (References to enactment or\npassing of Acts).\nenrolled nurse—\nRegulation National Law (ACT)—\n(i) to practise in the nursing profession (other than as a\nstudent); and\n(ii) in the enrolled nurses (division 2) division; and\nentity includes an unincorporated body and a person (including a\nperson occupying a position).\nenvironment protection authority means the Environment Protection\nAuthority established under the Environment Protection Act 1997.\nestablish includes constitute and continue in existence.\nestate includes any charge, claim, demand, easement, encumbrance,\nlien, right and title, whether at law or in equity.\nExecutive means the Australian Capital Territory Executive.\nNote The Executive is established by the Self-Government Act, s 36.\nexercise a function includes perform the function.\nexpire includes lapse or otherwise cease to have effect.\nexternal territory means a Commonwealth territory, other than an\ninternal territory.\nfail includes refuse.\n\nFederal Court means the Federal Court of Australia.\nfile includes lodge.\nfinancial year means a period of 12 months beginning on 1 July.\nfire and rescue service means the ACT Fire and Rescue Service\nestablished under the Emergencies Act 2004.\nfor, in relation to an Act or statutory instrument, includes for the\npurposes of the Act or statutory instrument.\nNote Under s 7 (3) and s 13 (3) a reference to an Act or statutory instrument\nincludes a reference to a provision of an Act or statutory instrument.\nforeign country means a country (whether or not an independent\nsovereign country) outside Australia and the external territories, and\nincludes a state, province or other part of such a country.\nformer NSW Act means an Act corresponding to a NSW Act\nmentioned in schedule 1.\nNote 1 The Crimes Act 1900 is taken to have been enacted by the Legislative\nAssembly because of the Crimes Legislation (Status and Citation)\nAct 1992. The 1992 Act was repealed by the Law Reform (Miscellaneous\nProvisions) Act 1999, but its previous operation was saved (see s 5 (2)).\nNote 2 The other former NSW Acts are taken to have been enacted by the\nLegislative Assembly because of the Interpretation Act 1967, s 65.\nSection 65 has expired, but its previous operation was saved (see\ns 65 (3)).\nformer UK Act means an Act corresponding to a UK Act mentioned\nin schedule 1.\nNote Former UK Acts are also taken to have been enacted by the Legislative\nAssembly because of the Interpretation Act 1967, s 65. Section 65 has\nexpired, but its previous operation was saved (see s 65 (3)).\nfound guilty, of an offence, includes—\n(a) having an order made for the offence under the Crimes\n(Sentencing) Act 2005, section 17 (Non-conviction orders—\ngeneral); and\n\n(b) having the offence taken into account under the Crimes\n(Sentencing) Act 2005, section 57 (Outstanding additional\noffences taken into account in sentencing).\nfunction includes authority, duty and power.\ngambling and racing commission means the Gambling and Racing\nCommission established under the Gambling and Racing Control\ngazette means—\n(a) the Australian Capital Territory Gazette; or\n(b) for a notice or other information that must or may be notified or\npublished in the gazette—a place approved by the public sector\nstandards commissioner.\ngive, in relation to a function, includes impose.\ngovernment printer includes anyone printing for or by the authority\nof the Executive.\ngovernment solicitor means the Government Solicitor for the\nTerritory under the Law Officers Act 2011.\nGovernor means—\n(a) for a State (other than the Northern Territory)—the Governor of\nthe State, and includes a person administering the Government\nof the State; or\n(b) for the Northern Territory—the Administrator of the Northern\nTerritory, and includes a person administering the Government\nof the Northern Territory.\nGovernor-General means the Governor-General of the\nCommonwealth, and includes a person administering the\nGovernment of the Commonwealth.\nGST—see the A New Tax System (Goods and Services Tax) Act 1999\n(Cwlth), dictionary.\n\nhead of service means the head of service under the Public Sector\nManagement Act 1994.\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law (ACT) to practise a health\nprofession (other than as a student).\nHealth Practitioner Regulation National Law (ACT) means the\nprovisions applying because of the Health Practitioner Regulation\nNational Law (ACT) Act 2010, section 6 (Application of Health\nPractitioner Regulation National Law).\nhealth services commissioner means the Health Services\nHeavy Vehicle National Law (ACT) means the provisions applying\nin the ACT because of the Heavy Vehicle National Law (ACT)\nAct 2013, section 7 (Application of Heavy Vehicle National Law).\nheritage council means the Australian Capital Territory Heritage\nCouncil under the Heritage Act 2004.\nheritage register means the heritage register under the Heritage\nAct 2004.\nHigh Court means the High Court of Australia.\nNote The High Court is established by the Commonwealth Constitution, s 71\nand provided for under the High Court of Australia Act 1979 (Cwlth).\nhome address, for an individual, means the address of the place where\nthe individual usually lives.\nhousing commissioner means the Commissioner for Social Housing\nunder the Housing Assistance Act 2007.\nhuman rights commission means the Human Rights Commission\nestablished under the Human Rights Commission Act 2005.\nhuman rights commissioner means the Human Rights\nImperial Act means an Act of the United Kingdom Parliament.\n\nindependent competition and regulatory commission means the\nIndependent Competition and Regulatory Commission for the\nAustralian Capital Territory established under the Independent\nCompetition and Regulatory Commission Act 1997.\nindictable offence—see section 190.\nindictment includes information.\nindividual means a natural person.\nIndustrial Court means the Industrial Court under the Magistrates\nCourt Act 1930, section 291P.\ninformation privacy commissioner means the Information Privacy\nCommissioner appointed under the Information Privacy Act 2014,\nsection 26.\ninfringement notice includes an infringement notice under the\nMagistrates Court Act 1930 or the Road Transport (General)\nin relation to includes the following:\n(a) in respect of;\n(b) with respect to;\n(c) in connection with;\n(d) in regard to;\n(e) with reference to;\n(f) relating to;\n(g) for or with respect to.\ninstrument—see section 14.\ninterest, in relation to land or other property, means—\n(a) a legal or equitable estate in the land or other property; or\n\n(b) a right, power or privilege over, or in relation to, the land or\nother property.\nintegrity commission means the ACT Integrity Commission\nestablished under the Integrity Commission Act 2018.\nintegrity commissioner means the ACT Integrity Commissioner\nappointed under the Integrity Commission Act 2018.\ninternal territory means the Australian Capital Territory, the Jervis\nBay Territory or the Northern Territory.\nintersex person—see section 169B.\nJervis Bay Territory means the Territory accepted by the\nCommonwealth under the Jervis Bay Territory Acceptance Act 1915\n(Cwlth).\nNote The Jervis Bay Territory is described in the agreement set out in that Act,\nsch.\njudge means a resident judge, additional judge or acting judge under\nthe Supreme Court Act 1933.\nLake Burley Griffin means Lake Burley Griffin as defined in the\nLakes Act 1976.\nland includes messuages, tenements and hereditaments, corporeal or\nincorporeal, of any tenure or description, whatever the interest in the\nland.\nNote A number of the terms mentioned in the definition of land have a\ntechnical meaning at law. A messuage is a house together with its\ngardens, orchards and outbuildings. The term tenement signifies land\ncapable of being held in freehold. Hereditament refers to real property\nthat can be inherited. Hereditaments may be corporeal, that is, tangible\nthings such as lands and buildings, or incorporeal, that is, intangible\nrights attaching to land such as rents, easements, tithes and profits a\nprendre. (Profits a prendre are the right to take some product of, or part\nof the soil from, the land of someone else.)\nland titles register means the register kept under the Land Titles\nAct 1925, section 43.\n\nlaw, of the Territory, means—\n(b) a subordinate law; or\n(c) any other statutory instrument of a legislative nature; or\n(d) the common law.\nlawyer means a legal practitioner.\nlegal aid commission means the Legal Aid Commission (A.C.T.)\nestablished under the Legal Aid Act 1977.\nlegal practitioner means a person who is admitted to the legal\nprofession under the Legal Profession Act 2006 or a law that is a\ncorresponding law for that Act.\nLegislation Act means the Legislation Act 2001.\nLegislative Assembly means the Legislative Assembly for the\nAustralian Capital Territory.\nNote The Assembly is established by the Self-Government Act, s 8 (1).\nlegislative instrument—see section 12.\nliability means any liability or obligation (whether liquidated or\nunliquidated, certain or contingent, or accrued or accruing).\nmagistrate means a Magistrate under the Magistrates Court\nAct 1930.\nMagistrates Court means the Magistrates Court established under the\nMagistrates Court Act 1930.\nmake an instrument includes issue and grant the instrument.\nmaking, of a statutory instrument, means the signing, sealing,\napproval or other endorsement of the instrument by the entity\nauthorised or required to make it.\n\nmay—see section 146.\nmedical practitioner means a doctor.\nmidnight, in relation to a particular day, means the time when the day\nends.\nmidwife—\nRegulation National Law (ACT) to practise in the midwifery\nMinister—see section 162.\nmodification includes modification by alteration, omission,\nsubstitution and addition.\nmonth means a period beginning at the start of any day of one of the\ncalendar months and ending—\n(a) immediately before the start of the corresponding day of the next\ncalendar month; or\n(b) if there is no such corresponding day—at the end of the next\ncalendar month.\n1 The period beginning at the start of 8 May 2014 and ending at midnight on\n7 June 2014 is a month.\n2 The period beginning at the start of 30 January 2014 and ending at midnight\non 28 February 2014 is a month. The month ends on the last day of February\nbecause in that year, February does not have a day corresponding to 29 January\n(because 2014 is not a leap year). If the period began at the start of 30 January\n2016 (ie a leap year), the month would end at midnight on 29 February 2016.\nmust—see section 146.\n\nname includes—\n(a) for an Act—the Act’s short title; and\n(b) for an instrument—the instrument’s citation; and\n(c) for a position—the position’s title or designation.\nnational capital authority means the National Capital Authority\nestablished under the Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth).\nnational capital plan means the National Capital Plan under the\nAustralian Capital Territory (Planning and Land Management)\nAct 1988 (Cwlth).\nNational Credit Code—see the National Consumer Credit Protection\nAct 2009 (Cwlth), section 5 (1).\nNational Electricity (ACT) Law means the provisions applying in the\nACT because of the Electricity (National Scheme) Act 1997, section 5\n(Application in ACT of National Electricity Law).\nNational Electricity (ACT) Regulation means the provisions\napplying because of the Electricity (National Scheme) Act 1997,\nsection 6 (Application of regulations under National Electricity Law).\nNational Energy Retail Law (ACT) means the provisions applying\nbecause of the National Energy Retail Law (ACT) Act 2012, section 6\n(Application of National Energy Retail Law).\nNational Energy Retail Regulation (ACT) means the provisions\napplying because of the National Energy Retail Law (ACT) Act 2012,\nsection 7 (Application of regulations under National Energy Retail\nLaw).\nNational Gas (ACT) Law means the provisions applying because of\nthe National Gas (ACT) Act 2008, section 8 (Application in the ACT\nof National Gas Law).\n\nNational Gas (ACT) Regulation means the provisions applying\nbecause of the National Gas (ACT) Act 2008, section 9 (Application\nin the ACT of regulations under National Gas Law).\nnational land means National Land under the Australian Capital\nTerritory (Planning and Land Management) Act 1988 (Cwlth).\nNote If an area of land in the ACT is, or is intended to be, used by or on behalf\nof the Commonwealth, it may be declared National Land under the\nAustralian Capital Territory (Planning and Land Management) Act 1988\n(Cwlth), s 27.\nnight means the period between sunset on one day and sunrise on the\nnext day.\nNorthern Territory means the Northern Territory of Australia.\nnotifiable instrument—see section 10.\nnotification—\n(a) of an Act—see section 30; and\n(b) of a legislative instrument—see section 63.\nnotification day, for an Act or statutory instrument, means the day\nthe Act or instrument is notified.\nNSW Act means an Act of the New South Wales Parliament.\nNSW correctional centre means a correctional centre (however\ndescribed) under the Crimes (Administration of Sentences) Act 1999\n(NSW).\nnumber means—\n(a) a number expressed in figures or words; or\n(b) a combination of a number expressed in figures or words and of\na letter of the alphabet.\n\nnurse—\nRegulation National Law (ACT) to practise in the nursing\nregistration; but\n(c) does not include an enrolled nurse.\nnurse practitioner—\n(a) means a person whose registration as a registered health\npractitioner under the Health Practitioner Regulation National\nLaw (ACT) is endorsed as being qualified to practise as a nurse\npractitioner; and\noath includes affirmation.\nNote The Evidence Act 2011, div 2.1.2 and the Oaths and Affirmations\nAct 1984 deal with oaths and affirmations.\noccupational discipline order means an order for occupational\ndiscipline made by the ACAT.\nNote Occupational discipline orders are made under the ACT Civil and\nAdministrative Tribunal Act 2008, s 66 and under authorising laws\n(authorising law—see ACT Civil and Administrative Tribunal Act 2008,\ndict).\noccupy a position includes hold the position, act in the position or\nexercise functions of the position (including under a delegation or\nsubdelegation).\noffice includes position.\n\nOffice of the Legislative Assembly means the Office of the\nLegislative Assembly established under the Legislative Assembly\n(Office of the Legislative Assembly) Act 2012.\nofficer of the Assembly means—\n(a) the auditor-general; or\n(b) the electoral commissioner; or\n(c) the integrity commissioner; or\n(d) the inspector of the integrity commission under the Integrity\nCommission Act 2018; or\n(e) the ombudsman.\nofficial visitor means an official visitor appointed under the Official\nVisitor Act 2012, section 10.\nombudsman means the Ombudsman under the Ombudsman\nAct 1989.\nomit, in relation to a provision of an Act or statutory instrument,\nincludes repeal.\noptometrist—\nRegulation National Law (ACT) to practise in the optometry\nordinance means an ordinance made under the Seat of Government\n(Administration) Act 1910 (Cwlth), section 12.\n\nparent, of a child, means—\n(a) the child’s mother; or\n(b) the child’s father; or\n(c) someone else who is presumed under the Parentage Act 2004,\npart 2 to be a parent of the child.\nNote A child cannot have more than 2 parents at any one time (see Parentage\nAct 2004, s 14).\nparliamentary counsel means the person performing the duties of\nParliamentary Counsel in the public service.\npassing, of an Act—see section 29.\npenalty unit—see section 133.\nperson—see section 160 (References to people generally).\npharmacist—\nRegulation National Law (ACT) to practise in the pharmacy\npolice officer means a member or special member of the Australian\nFederal Police.\nposition includes office.\npower includes authority.\nprescribed, in an Act, means prescribed by the Act or by regulation\nunder the Act.\npresent an indictment includes lay an information.\nproceeding means a legal or other action or proceeding.\n\nproperty means any legal or equitable estate or interest (whether\npresent or future, vested or contingent, or tangible or intangible) in\nreal or personal property of any description (including money), and\nincludes a thing in action.\nNote A thing in action is an intangible personal property right recognised and\nprotected by the law. Examples include debts, money held in a bank,\nshares, rights under a trust, copyright and right to sue for breach of\ncontract.\nprovision, of an Act or instrument—see section 16.\npublic advocate means the Public Advocate under the Human Rights\nCommission Act 2005.\npublic employee means—\n(a) a public servant; or\n(b) a public sector member; or\n(c) a person employed by a territory instrumentality.\npublic health officer means a public health officer under the Public\nHealth Act 1997.\npublic holiday means a day that is a public holiday in the ACT under\nthe Holidays Act 1958, section 3.\npublic money, of the Territory, means revenues, loans and other\nmoney received by the Territory.\npublic notice, if required by a Territory law, means—\n(a) a dated notice on an ACT government website; or\n(b) notice in a daily newspaper circulating generally in the ACT.\npublic sector body—\n(a) means a body made up of public sector members; and\n(b) includes a body made up of 1 statutory office-holder.\n\npublic sector member means a public sector member under the Public\nSector Management Act 1994, section 150.\npublic sector standards commissioner means the Public Sector\nStandards Commissioner under the Public Sector Management\nAct 1994.\npublic servant means a person employed in the public service.\npublic service means the Australian Capital Territory Public Service.\nNote The Public Sector Management Act 1994, s 12 deals with the constitution\nof the public service.\npublic trustee and guardian means the Public Trustee and Guardian\nunder the Public Trustee and Guardian Act 1985.\nquarter means a period of 3 months beginning on 1 January, 1 April,\n1 July or 1 October in any year.\nRail Safety National Law (ACT) means the provisions applying in\nthe ACT because of the Rail Safety National Law (ACT) Act 2014,\nsection 6 (Application of Rail Safety National Law).\nrecognised transgender person—see section 169A (3).\nregistered surveyor means a surveyor under the Surveyors Act 2007.\nregistrar means—\n(a) in relation to the Supreme Court—the Registrar of the Supreme\nCourt; or\n(b) in relation to the Magistrates Court—the Registrar of the\nMagistrates Court; or\n(c) in relation to a tribunal—the registrar of the tribunal.\nregistrar-general means the Registrar-General under the Registrar-\nGeneral Act 1993.\nregistrar of firearms means the Registrar of Firearms under the\nFirearms Act 1996.\n\nregulation, in relation to an Act, means a regulation made or in force\nunder the Act.\nremuneration tribunal means the Remuneration Tribunal established\nunder the Remuneration Tribunal Act 1995.\nrepeal includes—\n(a) for an Act or statutory instrument—omit a provision of the Act\nor instrument; and\n(b) for a provision of an Act or statutory instrument—omit the\nprovision (or a part of it); and\n(c) for an Act or statutory instrument (or a provision of it)—\nabrogate or limit its effect, or exclude from its application any\ncircumstance, matter, person, place or purpose; and\n(d) for an Act or statutory instrument (or a provision of it)—any\nother implied repeal; and\n(e) for a statutory instrument—revoke the instrument (or part of it);\nand\n(f) for a decision—revoke it or cancel it.\nresident judge means a resident judge under the Supreme Court\nAct 1933.\nretrospectively, for the commencement of legislation—see\nsection 75A.\nreviewable decision notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67A.\n\nroad transport authority means the Australian Capital Territory Road\nTransport Authority.\nNote 1 In relation to the exercise of a function by the road transport authority\nunder a provision of the road transport legislation, the director-general of\nthe administrative unit responsible for the provision is the road transport\nauthority.\nNote 2 Road transport legislation––see the Road Transport (General) Act 1999,\ns 6.\nrules means—\n(a) of a court or tribunal—rules made by the entity having power to\nmake rules (however described) regulating the practice and\nprocedure of the court or tribunal; and\n(b) in relation to an Act—rules made or in force under the Act.\nrural fire service means the ACT Rural Fire Service under the\nSelf-Government Act means the Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth).\nself-government day means 11 May 1989.\nNote This is the day when the remaining provisions of the Self-Government\nAct commenced and, in particular, the Australian Capital Territory was\nestablished as a body politic, the Legislative Assembly was empowered\nto make laws for the ACT and the Executive was established.\nsentence administration board means the Sentence Administration\nBoard under the Crimes (Sentence Administration) Act 2005.\nSES means the ACT State Emergency Service established under the\nsign includes attach a seal and make a mark.\nsignpost definition—see section 131 (Signpost definition).\n\nsitting day, of the Legislative Assembly, means a period that\ncommences on a day the Assembly meets and continues until the\nAssembly next adjourns.\nNote A sitting day may continue for 1 or more days.\nsolicitor means a lawyer who practises as a solicitor.\nsolicitor-general means the Solicitor-General for the Territory under\nthe Law Officers Act 2011.\nSpeaker means the Presiding Officer of the Legislative Assembly.\nNote The Presiding Officer is elected under the Self-Government Act, s 11.\nStandards Australia means the company named Standards Australia\nLimited (ACN 087 326 690).\nState means a State of the Commonwealth, and includes the Northern\nTerritory.\nstatutory declaration means a statutory declaration made under the\nStatutory Declarations Act 1959 (Cwlth).\nstatutory instrument—see section 13.\nstatutory office-holder means a person occupying a position under an\nAct or statutory instrument (other than a position in the public\nservice).\nsubordinate law—see section 8.\nsuburban land agency means the Suburban Land Agency established\nunder the City Renewal Authority and Suburban Land Agency\nAct 2017, section 37.\nsummary offence—see section 190.\nSupreme Court means the Supreme Court of the Australian Capital\nTerritory.\nNote The Supreme Court is established by the Supreme Court Act 1933, s 3.\nThe Self-Government Act, s 48A deals with the jurisdiction and powers\nof the court.\n\nsurveyor-general means the surveyor-general under the Surveyors\nAct 2007.\nswear an oath includes make an affirmation.\ntake an oath includes make an affirmation.\nterritory authority means a body established for a public purpose\nunder an Act, but does not include a body declared by regulation not\nto be a territory authority.\nterritory instrumentality means a corporation that is a territory\ninstrumentality under the Public Sector Management Act 1994.\nNote Territory instrumentality is defined in the Public Sector Management\nAct 1994, dict.\nterritory land means Territory Land under the Australian Capital\nTerritory (Planning and Land Management) Act 1988 (Cwlth).\nNote The Australian Capital Territory (Planning and Land Management)\nAct 1988 (Cwlth), s 28 provides that if land in the ACT is not national\nland it is territory land.\nterritory law—see law, of the Territory.\nterritory lease—\n(a) means—\n(i) a lease granted under the Planning Act 2023; or\n(ii) a lease that is, under the Unit Titles Act 2001, taken to be\ngranted by the Territory under the Planning Act 2023; but\n(b) does not include—\n(i) a sublease of land approved under the Planning Act 2023,\nsection 284; or\n(ii) any other sublease.\nterritory-owned corporation means a territory-owned corporation\nunder the Territory-owned Corporations Act 1990, section 6 (1).\n\nterritory plan means the territory plan under the Planning Act 2023.\nterritory planning authority means the Territory Planning Authority\nestablished under the Planning Act 2023.\nthe Territory means—\n(a) when used in a geographical sense—the Australian Capital\nTerritory; or\n(b) in any other case—the body politic established by the\nSelf-Government Act, section 7.\ntransgender person—see section 169A (1) and (2).\ntransitional includes application and saving.\nTreasurer means the Minister designated Treasurer by the Chief\nMinister, and includes a Minister authorised by the Chief Minister to\nact on behalf of the Treasurer.\ntribunal includes any entity that is authorised to hear, receive and\nexamine evidence.\nUK Act means an Act of the United Kingdom Parliament.\nunder, in relation to an Act or statutory instrument, includes the\n(a) by;\n(b) by virtue of;\n(c) for or for the purposes of;\n(d) in accordance with;\n(e) in pursuance of;\n(f) pursuant to;\n(g) within the meaning of.\n\nUnited Kingdom means the United Kingdom of Great Britain and\nNorthern Ireland.\nUnited Kingdom Parliament means—\n(a) the Parliament of England; or\n(b) the Parliament of Great Britain; or\n(c) the Parliament of the United Kingdom of Great Britain and\nIreland; or\n(d) the Parliament of the United Kingdom of Great Britain and\nNorthern Ireland.\nveterinary practitioner means a person registered as a veterinary\npractitioner under the Veterinary Practice Act 2018.\nvictims of crime commissioner means the Victims of Crime\nwill includes a codicil.\nword includes any drawing, figure, number and symbol.\nwork health and safety commissioner means the Work Health and\nSafety Commissioner under the Work Health and Safety Act 2011,\nschedule 2, section 2.21.\nworking day means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday in the ACT.\nwriting includes any way of representing or reproducing words in\nvisible form.\nprinting, photocopying, photography, typewriting\nyear, without specifying the kind of year, means calendar year.\n\nTerms for Legislation Act 2001 only Part 2\nPart 2 Terms for Legislation Act 2001\nonly\nNote Terms that apply to all Acts and statutory instruments are set out in pt 1.\nAct, for chapter 14 (Interpretation of Acts and statutory\ninstruments)—see section 136.\nNote See also def Act in the dictionary, pt 1.\nACT law—\n(a) for chapter 10 (Referring to laws)—see section 97 (1); and\n(b) for chapter 18 (Offences)—see section 188.\nadministrator, for part 19.5 (Service of documents)—see\nagency, for part 19.5 (Service of documents)—see section 246.\namend, for chapter 9 (Repeal and amendment of laws)—see\nsection 82.\nanother jurisdiction means the Commonwealth, a State, another\nTerritory, the United Kingdom or New Zealand.\nappointee—\n(a) for division 19.3.1 (Appointments—general)—see\nsection 207 (2); and\n(b) for division 19.3.2 (Acting appointments)—see section 217 (2).\nappointer—\n(a) for division 19.3.1 (Appointments—general)—see section 205;\nand\n(b) for division 19.3.2 (Acting appointments)—see section 215; and\n(c) for part 19.4 (Delegations)—see section 230 (1).\n\nPart 2 Terms for Legislation Act 2001 only\napproved website means an internet site approved under section 21.\nauthorised republication—see section 15.\nauthorising law, for chapter 5 (Regulatory impact statements for\nsubordinate laws and disallowable instruments)—see section 31.\nbenefits, for chapter 5 (Regulatory impact statements for subordinate\nlaws and disallowable instruments)—see section 31.\nbusiness address, for part 19.5 (Service of documents)—see\ncorporation, for part 19.5 (Service of documents)—see section 246.\ncosts, for chapter 5 (Regulatory impact statements for subordinate\nlaws and disallowable instruments)—see section 31.\ncurrent legislative drafting practice means the legislative drafting\npractices from time to time used in the Parliamentary Counsel’s\nOffice.\ndelegate, for part 19.4 (Delegations)—see section 233 (2).\ndeterminative provision—see section 5 (2).\ndocument, for part 19.5 (Service of documents)—see section 246.\nNote See also def document in the dictionary, pt 1\neditorial amendment, of a law—see section 116.\nemail address, for part 19.5 (Service of documents)—see\nexecutive officer, for part 19.5 (Service of documents)—see\nfax number, for part 19.5 (Service of documents)—see section 246.\nfee, for part 6.3 (Making of certain statutory instruments about\nfees)—see section 55.\nhome address, for part 19.5 (Service of documents)—see\n\nTerms for Legislation Act 2001 only Part 2\nlaw—\n(a) for chapter 3 (Authorised versions and evidence of laws and\nlegislative material)—see section 22A; and\n(b) for chapter 8 (Commencement and exercise of powers before\ncommencement)—see section 72; and\n(c) for chapter 9 (Repeal and amendment of laws)—see section 82;\nand\n(d) for chapter 10 (Referring to laws)—see section 97 (1); and\n(e) for chapter 11 (Republication of Acts and statutory\ninstruments)—see section 107; and\n(f) for chapter 13 (Structure of Acts and statutory instruments)—\nsee section 125; and\n(g) for chapter 16 (Courts, tribunals and other decision-makers)—\nsee section 175; and\n(h) for chapter 17 (Entities and positions)—see section 182; and\n(i) for chapter 19 (Administrative and machinery provisions)—see\nsection 195.\nlaw of another jurisdiction, for chapter 10 (Referring to laws)—see\nsection 97 (1).\nlegislative material, for chapter 3 (Authorised versions and evidence\nof laws and legislative material)—see section 22A.\nnon-determinative provision—see section 5 (3).\nprovide a service, for part 6.3 (Making of certain statutory\ninstruments about fees)—see section 55.\nregister means the ACT legislation register.\nrepeal, for chapter 9 (Repeal and amendment of laws)—see\nsection 82.\n\nPart 2 Terms for Legislation Act 2001 only\nrepublication—\n(a) for chapter 3 (Authorised versions and evidence of laws and\nlegislative material)—see section 22A; and\n(b) for chapter 11 (Republication of Acts and statutory\ninstruments)—see section 107.\nrepublication date, for an authorised republication, means the date\nstated in the republication as the republication date.\nresponsible, for part 19.5 (Service of documents)—see section 246.\nscrutiny committee principles, for chapter 5 (Regulatory impact\nstatements for subordinate laws and disallowable instruments)—see\nsection 31.\nservice, for part 6.3 (Making of certain statutory instruments about\nfees)—see section 55.\nworking out the meaning of an Act, for part 14.2 (Key principles of\ninterpretation)—see section 138.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation Act 2001 A2001-14\nnotified 5 April 2001 (Gaz 2001 No 14)\ns 1, s 2 commenced 5 April 2001 (IA s 10B)\nremainder commenced 12 September 2001 (s 2 and Gaz 2001\nNo S65)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 220\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 220 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 2.2\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (IA s 10B)\namdts 2.67, 2.69, 2.78, 2.81 commenced 12 September 2001 (s 2 (2))\npt 2.2 remainder commenced 5 September 2001 (s 2 (1))\nas modified by\nLegislation Regulations 2001 SL2001-34 reg 6\nnotified LR 13 September 2001\ncommenced 13 September 2001 (reg 2)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\namdt commenced 14 September 2001 (s 2 (5))\nDefamation Act 2001 A2001-88 s 43 (2)\nnotified LR 24 September 2001\ns 1, s 2 commenced 24 September 2001 (LA s 75)\ns 43 (2) commenced 1 July 2002 (s 2)\n\nLegislation Amendment Act 2002 A2002-11 ss 3-29, sch 1, pt 2.29\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\nss 3-29, sch 1, pt 2.29 commenced 28 May 2002 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27 pt 8\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 8 commenced 7 October 2002 (s 2 (2))\nStatute Law Amendment Act 2002 A2002-30 pt 2.1\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdt 2.3 taken to have commenced 12 September 2001 (s 2 (2))\npt 2.1 remainder commenced 17 September 2002 (s 2 (1))\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.8\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.8 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 2.1\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 2.1 commenced 17 January 2003 (s 2 (1))\nCriminal Code 2002 No 51 pt 1.12\ns 1, s 2 commenced 20 December 2002 (LA 75 (1))\npt 1.12 commenced 1 January 2003 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\npt 3.13\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.13 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\n\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 pt 2\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\npt 2 commenced 28 March 2003 (s 2)\nConsumer and Trader Tribunal Act 2003 A2003-16 s 70\nnotified LR 9 April 2003\ns 1, s 2 commenced 9 April 2003 (LA s 75 (1))\ns 70 commenced 9 October 2003 (s 2 and LA s 79)\nLegislation (Statutory Interpretation) Amendment Act 2003 A2003-18\nnotified LR 9 April 2003\ns 1, s 2 commenced 9 April 2003 (LA s 75 (1))\nremainder commenced 10 April 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 2 pt 2.1\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 2 pt 2.1 commenced 9 October 2003 (s 2 (1))\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 2 pt 2.1\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 2 pt 2.1 commenced 19 December 2003 (s 2)\nParentage Act 2004 A2004-1 sch 1 pt 1.7\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.7 commenced 22 March 2004 (s 2 and CN2004-3)\nHuman Rights Act 2004 A2004-5 sch 2 pt 2.3\nnotified LR 10 March 2004\ns 1, s 2 commenced 10 March 2004 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 July 2004 (s 2)\nDangerous Substances Act 2004 A2004-7 sch 1 pt 1.4\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.4 commenced 5 April 2004 (s 2 and CN2004-6)\n\nNurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 3\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\npt 3 commenced 27 May 2004 (s 2 and CN2004-9)\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.20\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.20 commenced 1 September 2004 (s 2 and see\nConstruction Occupations (Licensing) Act 2004 A2004-12, s 2 and\nCN2004-8)\nEducation Act 2004 A2004-17 sch 2 pt 2.5\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 January 2005 (s 2)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.12\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.12 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 13\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 13 commenced 13 July 2004 (s 2 (3))\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 3 pt 3.1, sch 4 pt 4.3, sch 5 pt 5.9, sch 6 pt 6.6, sch 8 pt 8.2,\nsch 11A pt 11A.1 (as am by A2005-28 amdt 1.61)\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 5 pt 5.9 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\nsch 6 pt 6.6 commenced 17 January 2006 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1)\nand CN2006-2)\nsch 3 pt 3.1, sch 4 pt 4.3, sch 8 pt 8.2, sch 11A pt 11A.1 commenced\n9 January 2007 (s 2 and see Health Professionals Act 2004 A2004-38,\ns 2 (as am by A2005-28 amdt 1.1; A2006-27 s 12))\n\nStatute Law Amendment Act 2004 A2004-42 sch 2 pt 2.1\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 2 pt 2.1 commenced 25 August 2004 (s 2 (1))\nHeritage Act 2004 A2004-57 sch 1 pt 1.8\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nsch 1 pt 1.8 commenced 9 March 2005 (s 2 and LA s 79)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.37\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.37 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 7\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 7 commenced 24 February 2005 (s 2 (2))\nOptometrists Legislation Amendment Act 2005 A2005-9 sch 1 pt 1.1\nnotified LR 14 March 2005\ns 1, s 2 commenced 14 March 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 14 September 2005 (s 2 and LA s 79)\nStatute Law Amendment Act 2005 A2005-20 sch 2 pt 2.1\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 2 pt 2.1 commenced 2 June 2005 (s 2 (1))\nHealth Legislation Amendment Act 2005 A2005-28 amdt 1.61\nnotified LR 6 July 2005\ns 1, s 2 commenced 6 July 2005 (LA s 75 (1))\namdt 1.61 commenced 9 January 2007 (LA s 79A)\nNote This Act only amends the Health Professionals Legislation\nAmendment Act 2004 A2004-39.\n\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.8 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 November 2006 (s 2 (3) (as am by\nA2006-3 amdt 1.3) and see Human Rights Commission Act 2005\nA2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)\nPublic Sector Management Amendment Act 2005 (No 2) A2005-44\nsch 1 pt 1.4\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.4 commenced 8 September 2005 (s 2 and CN2005-19)\nHuman Rights Commission (Children and Young People\nCommissioner) Amendment Act 2005 A2005-46 sch 1 pt 1.1 (as am by\nA2006-3 amdt 1.2)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 November 2006 (s 2 (as am by A2006-3\namdt 1.2) and see Human Rights Commission Act 2005 A2005-40, s 2\n(as am by A2006-3 s 4) and CN2006-21)\nPublic Advocate Act 2005 A2005-47 sch 1 pt 1.6 (as am by A2006-3\namdt 1.8)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 March 2006 (s 2 (1) as am by A2006-3\namdt 1.8)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.18\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.18 commenced 23 November 2005 (s 2)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 2 pt 2.1\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 2 pt 2.1 commenced 11 January 2006 (s 2 (1))\n\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdts 1.2, 1.3, 1.8\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdts 1.2, 1.3, 1.8 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41, Human Rights\nCommission (Children and Young People Commissioner)\nAmendment Act 2005 A2005-46 and the Public Advocate Act\n","sortOrder":257},{"sectionNumber":"2005","sectionType":"section","heading":"A2005-47","content":"2005 A2005-47\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.21\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.21 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n","sortOrder":258},{"sectionNumber":"2006","sectionType":"section","heading":"No S93)","content":"2006 No S93)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.26\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.26 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.8\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.8 commenced 1 July 2006 (s 2)\nAdministrative (Miscellaneous Amendments) Act 2006 A2006-30\nsch 1 pt 1.7\nnotified LR 16 June 2006\ns 1, s 2 commenced 16 June 2006 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 July 2006 (s 2 (1))\nCivil Law (Property) Act 2006 A2006-38 sch 1 pt 1.6\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.6 commenced 28 March 2007 (s 2 and LA s 79)\n\nStatute Law Amendment Act 2006 A2006-42 sch 2 pt 2.1\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 2 pt 2.1 commenced 16 November 2006 (s 2 (1))\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2\npt 2.11\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.11 commenced 18 November 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 2 pt 2.1\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 2 pt 2.1 commenced 12 April 2007 (s 2 (1))\nHousing Assistance Act 2007 A2007-8 sch 1 pt 1.6\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nsch 1 pt 1.6 commenced 10 November 2007 (s 2 and LA s 79)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 2\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 2 commenced 11 July 2007 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.22\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.22 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nSurveyors Act 2007 A2007-33 sch 1 pt 1.4\nnotified LR 25 October 2007\ns 1, s 2 commenced 25 October 2007 (LA s 75 (1))\nsch 1 pt 1.4 commenced 14 November 2007 (s 2 and CN2007-15)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.17\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.17 commenced 19 May 2008 (s 2 and CN2008-8)\n\nNational Gas (ACT) Act 2008 A2008-15 sch 2 pt 2.3\nnotified LR 30 June 2008\ns 1, s 2 commenced 30 June 2008 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 July 2008 (s 2 (1) and see National Gas\n(South Australia) Act 2008 (SA), s 7)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.11, sch 4 pt 4.18\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.11 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.18 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nStatute Law Amendment Act 2008 A2008-28 sch 2\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 2 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.34\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.34 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.66\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.66 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.10\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 30 May 2009 (s 2 and CN2009-4)\n\nStatute Law Amendment Act 2009 A2009-20 sch 2\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 2 commenced 22 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.8\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.8 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\nLegislation (Penalty Units) Amendment Act 2009 A2009-35\nnotified LR 20 October 2009\ns 1, s 2 commenced 20 October 2009 (LA s 75 (1))\nremainder commenced 21 October 2009 (s 2)\nUnlawful Gambling Act 2009 A2009-39 sch 2 pt 2.2\nnotified LR 17 November 2009\ns 1, s 2 commenced 17 November 2009 (LA s 75 (1))\nsch 2 pt 2.2 commenced 22 March 2010 (s 2 and CN2010-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 2\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 2 commenced 17 December 2009 (s 2)\nBuilding and Construction Industry (Security of Payment) Act 2009\nA2009-50 s 50\nnotified LR 15 October 2009\ns 1, s 2 commenced 15 October 2009 (LA s 75 (1))\ns 50 commenced 1 July 2010 (s 2)\nSurveyors Amendment Act 2010 A2010-6 sch 1 pt 1.4\nnotified LR 2 March 2010\ns 1, s 2 commenced 2 March 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 3 March 2010 (s 2)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.13\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.13 commenced 1 July 2010 (s 2 (1) (a))\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 1 pt 1.8\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.8 commenced 6 October 2010 (s 2 (1))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.15\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.15 commenced 1 January 2011 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.91\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.91 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 2\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 2 commenced 21 September 2011 (s 2 (1))\nLaw Officers Act 2011 A2011-30 sch 1 pt 1.4\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 31 August 2011 (s 2 and CN2011-9)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.22\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":259},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.5\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.5 commenced 23 November 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 2\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 2 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.9\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nStatute Law Amendment Act 2012 A2012-21 sch 2\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\namdt 2.1 commenced 5 June 2012 (s 2 (1))\nsch 2 remainder commenced 5 June 2012 (s 2 (2))\nCommissioner for the Environment Amendment Act 2012 A2012-25\nsch 1 pt 1.2\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 May 2012 (s 2)\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.6\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2012 (s 2)\nNational Energy Retail Law (Consequential Amendments) Act 2012\nA2012-32 pt 11\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\npt 11 commenced 1 July 2012 (s 2 (1) and see National Energy Retail\nLaw (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)\nOfficial Visitor Act 2012 A2012-33 sch 1 pt 1.5\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 September 2013 (s 2 (as am by A2013-22\ns 4))\n\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.19\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.19 commenced 11 September 2012 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 2\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 2 commenced 14 June 2013 (s 2)\nLegislation (Penalty Units) Amendment Act 2013 A2013-30\nnotified LR 22 August 2013\ns 1, s 2 commenced 22 August 2013 (LA s 75 (1))\nremainder commenced 23 August 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.17\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.17 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.5\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 July 2014 (s 2)\nMagistrates Court (Industrial Proceedings) Amendment Act 2013\nA2013-43 sch 1 pt 1.3\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.3 commenced 8 November 2013 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 2\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 2 commenced 25 November 2013 (s 2)\n\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 3\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 3 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nBirths, Deaths and Marriages Registration Amendment Act 2014\nA2014-8 sch 1 pt 1.2\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\nsch 1 pt 1.2 commenced 26 April 2014 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 2\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 2 commenced 10 June 2014 (s 2 (1))\nLegislation (Penalty Units) Amendment Act 2014 A2014-37\nnotified LR 22 August 2014\ns 1, s 2 commenced 22 August 2014 (LA s 75 (1))\nremainder commenced 23 August 2014 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 2\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 2 commenced 19 November 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.11\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.11 commenced 17 November 2014 (s 2)\nCanberra Institute of Technology Amendment Act 2014 A2014-55\ns 35, s 36\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\ns 35, s 36 commenced 1 July 2015 (s 2 (2))\n\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.9\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.9 commenced 11 June 2015 (s 2 (1) and LA s 79)\nCourts Legislation Amendment Act 2015 A2015-10 pt 11\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 11 commenced 21 April 2015 (s 2 (2))\nStatute Law Amendment Act 2015 A2015-15 sch 2\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 2 commenced 10 June 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 14\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 14 commenced 1 July 2015 (s 2 and CN2015-9)\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.8\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.8 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.42\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.42 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 2\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 2 commenced 9 December 2015 (s 2)\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.27\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.27 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.12\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.12 commenced 21 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.45\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.45 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 2\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 2 commenced 9 March 2017 (s 2)\nCo-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.4\nnotified LR 4 April 2017\ns 1, s 2 commenced 4 April 2017 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 May 2017 (s 2)\nCity Renewal Authority and Suburban Land Agency Act 2017\nA2017-12 sch 1 pt 1.3\nnotified LR 18 May 2017\ns 1, s 2 commenced 18 May 2017 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2017 (s 2 and CN2017-3)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.9\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.9 commenced 15 August 2017 (s 2)\n\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 2 pt 2.1\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 2 pt 2.1 commenced 11 October 2017 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 12\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 12 commenced 26 April 2018 (s 2)\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.10\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.10 commenced 21 December 2018 (s 2 and CN2018-12)\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 7\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 7 commenced 8 November 2018 (s 2)\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.15 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.15 commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 4 commenced 1 July 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.6\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.6 commenced 30 April 2020 (s 2 (1) and LA s 79)\n\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 8\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 8 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 sch 1 pt 1.8\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 3)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 11\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 11 commenced 26 February 2021 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 2\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 2 commenced 23 June 2021 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.14\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.14 commenced 6 April 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.44\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.44 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.10\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.10 commenced 30 September 2023 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 2 pt 2.1\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 2 pt 2.1 commenced 16 November 2025 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 10\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 10 commenced 23 February 2026 (s 2)\n\ns 2 orig s 2 om LA s 89 (4)\n(prev s 3) am A2001-56 amdt 2.18\nam A2003-56 amdt 2.1; A2014-44 amdt 2.1\nNotes\ns 2A (prev s 4) am A2001-56 amdt 2.19; A2002-11 amdt 1.1\n(2), (3) exp 2 September 2003 (s 2A (3))\nObjects\ns 3 orig s 3 renum as s 2\n(prev s 5) am A2002-11 s 4\nApplication of Act\ns 4 orig s 4 renum as s 2A\nins A2002-11 s 6\nam A2006-42 amdt 2.1, amdt 2.2\nDeterminative and non-determinative provisions\ns 5 orig s 5 renum as s 3\nins A2002-11 s 6\nLegislation Act provisions must be applied\ns 6 sub A2002-11 s 6\nam A2021-12 amdt 2.1\nMeaning of Act generally\ns 7 am A2005-20 amdt 2.1\nMeaning of subordinate law\ns 8 am A2017-28 amdt 2.1\nMeaning of legislative instrument\ns 12 sub A2006-42 amdt 2.3\nMeaning of instrument\ns 14 am A2001-56 amdt 2.20\nMeaning of provision\ns 16 am A2001-56 amdt 2.21\nACT legislation register\ns 18 am A2001-56 amdt 2.22; A2021-12 amdt 2.13\n\nContents of register\ns 19 sub A2001-56 amdt 2.23\nam A2002-11 s 7; A2002-11 amdt 1.2; ss renum R5 LA (see\nA2002-11 amdt 1.3); A2002-49 amdt 2.1, amdt 2.1; pars\nrenum R13 LA (see A2002-49 amdt 2.3); A2003-41 amdt 2.1,\namdt 2.2; A2004-5 amdt 2.6; A2004-42 amdt 2.1; A2005-20\namdt 2.2; A2006-42 amdt 2.18, amdt 2.19; A2021-12 amdt\n2.2, amdt 2.3, amdt 2.13\nAccess to registered material at approved website\ns 22 am A2001-56 amdt 2.24\nAuthorised versions and evidence of laws and legislative material\nch 3 hdg sub A2003-41 amdt 2.3\nDefinitions—ch 3\ns 22A ins A2003-41 amdt 2.4\ndef law ins A2003-41 amdt 2.4\ndef legislative material ins A2003-41 amdt 2.4\nam A2005-20 amdt 2.3\ndef republication ins A2003-41 amdt 2.4\nAuthorisation of versions by parliamentary counsel\ns 23 sub A2003-41 amdt 2.5\nAuthorised electronic versions\ns 24 am A2001-56 amdt 2.25, amdt 2.26; A2002-11 amdt 1.4\nsub A2003-41 amdt 2.6\nAuthorised written versions\ns 25 sub A2003-41 amdt 2.7\nJudicial notice of certain matters\ns 26 am A2003-41 amdt 2.8, amdt 2.9; A2005-20 amdt 2.4;\nA2011-28 amdt 2.1, amdt 2.2\nNotification of Acts\ns 28 am A2001-56 amdts 2.27-2.29; A2002-11 amdt 1.5; A2003-41\namdt 2.10, amdt 2.11; ss renum R20 LA (see A2003-41\namdt 2.12); A2005-62 amdt 2.1, amdt 2.2; A2011-28\namdt 2.3, amdt 2.4; A2015-15 amdt 2.1\nReferences to enactment or passing of Acts\ns 29 am A2011-28 amdt 2.5\nReferences to notification of Acts\ns 30 am A2001-56 amdt 2.30, amdt 2.31; A2011-28 amdt 2.5\nDefinitions—ch 5\ns 31 def scrutiny committee principles sub A2013-19 amdt 2.1\n\nGuidelines about costs of proposed subordinate laws and disallowable\ns 33 (3), (4) exp 12 March 2002 (s 33 (4))\nam A2005-20 amdt 2.5, amdt 2.6\nPreparation of regulatory impact statements\ns 34 am A2005-20 amdts 2.7-2.9; A2005-62 amdt 2.3\nWhen is preparation of regulatory impact statement unnecessary?\ns 36 am A2002-30 amdt 2.1; A2005-20 amdt 2.10\nWhen must regulatory impact statement be presented?\ns 37 am A2005-20 amdt 2.11\nEffect of failure to comply with pt 5.2\ns 38 am A2017-4 amdt 2.1\nMaking of certain statutory instruments by Executive\ns 41 hdg sub A2001-56 amdt 2.32\nsub A2002-11 s 8\ns 41 am A2001-56 amdts 2.33-2.36\nsub A2002-11 s 8\nam A2021-3 s 25, s 26\nPower to make statutory instruments\ns 42 am A2002-11 amdt 1.6; A2005-20 amdt 2.12, amdt 2.13;\nA2006-42 amdt 2.18; A2021-12 amdt 2.13\nStatutory instruments to be interpreted not to exceed powers under\nauthorising law\ns 43 am A2002-11 amdt 1.7; A2003-56 amdt 2.2, amdt 2.3\nPower to make statutory instruments for Act etc\ns 44 am A2002-11 amdt 1.8, amdt 1.9; A2002-49 amdt 2.54;\nA2005-20 amdt 2.14\nPower to make court rules\ns 45 sub A2002-11 s 9\nam A2002-49 amdt 2.4, amdt 2.54; A2005-20 amdt 2.15,\namdt 2.16; A2021-12 amdt 2.4, amdt 2.5\nPower to make instrument includes power to amend or repeal\ns 46 am A2002-11 s 10; A2006-42 amdt 2.18\nStatutory instrument may make provision by applying law or instrument\ns 47 sub A2002-11 s 11\nam A2002-49 amdt 2.5; A2003-56 amdt 2.4; A2005-20 amdts\n2.17-2.19; A2021-12 amdt 2.6, amdt 2.7\nPower to make instrument includes power to make different provision for\ndifferent categories etc\ns 48 am A2002-11 amdt 1.10; A2002-49 amdt 2.54\n\nSingle instrument may exercise several powers or satisfy several\nrequirements\ns 49 am A2002-11 amdt 1.11\nRelationship between authorising law and instrument dealing with same\nmatter\ns 50 am A2002-11 amdt 1.12, amdt 1.13; A2002-49 amdt 2.54\nInstrument may make provision in relation to land by reference to map etc\ns 51 am A2005-20 amdt 2.20\nInstrument may authorise determination of matter etc\ns 52 am A2002-11 amdt 1.14; ss renum R5 LA (see A2002-11\namdt 1.15); A2021-12 amdt 2.8\nInstrument may prohibit\ns 53 am A2002-11 amdt 1.16, amdt 1.17\nInstrument may require making of statutory declaration\ns 54 am A2002-11 amdt 1.18; A2002-30 amdt 2.2\nDetermination of fees by disallowable instrument\ns 56 am A2001-56 amdt 2.37, amdt 2.38; ss renum R1 LA (see\nA2001-56 amdt 2.39); A2002-11 amdt 1.19, amdt 1.20;\nA2002-49 amdt 2.54; A2005-20 amdts 2.21-2.27; A2006-42\namdt 2.4; A2021-12 amdt 2.13\nFees payable in accordance with determination etc\ns 57 am A2002-11 amdt 1.21; A2021-12 amdt 2.13\nRegulations may make provision about fees\ns 58 am A2001-56 amdt 2.40; A2002-11 amdt 1.22; ss renum R5\nLA (see A2002-11 amdt 1.23); A2005-20 amdt 2.28\nNumbering and notification of legislative instruments\npt 6.4 hdg am A2006-42 amdt 2.19\nNumbering\ns 59 am A2001-56 amdt 2.41; A2003-41 amdt 2.13; A2005-20\namdt 2.29; A2006-42 amdt 2.18, amdt 2.19; A2021-12\nCorrection etc of name of instrument\ns 60 hdg sub A2003-41 amdt 2.14\nsub A2009-20 amdt 2.1\ns 60 am A2001-56 amdt 2.42, amdt 2.43; A2001-70 amdt 1.8;\nA2002-49 amdt 2.6, amdt 2.7; A2003-41 amdt 2.15;\nA2004-42 amdt 2.2, amdt 2.3; A2006-42 amdt 2.18,\namdt 2.19; A2009-20 amdts 2.1-2.5; A2021-12 amdt 2.13\n\nCorrection of name of explanatory statement etc\ns 60A ins A2004-42 amdt 2.4\nNotification of legislative instruments\ns 61 hdg am A2006-42 amdt 2.19\ns 61 sub A2001-56 amdt 2.44\nam A2002-11 s 12, amdt 1.24; ss renum R5 LA (see A2002-11\namdt 1.25) ; A2003-41 amdts 2.16-2.19; A2004-60\namdt 1.173; pars renum R31 LA (see A2004-60 amdt 1.174);\nA2005-20 amdts 2.30-2.33; A2005-62 amdt 2.4, amdt 2.5;\nA2006-42 amdt 2.18; A2011-22 amdt 1.275; A2011-28\namdt 2.6, amdt 2.7; A2015-15 amdt 2.2\nEffect of failure to notify legislative instrument\ns 62 hdg am A2006-42 amdt 2.18\ns 62 am A2002-11 amdt 1.26, amdt 1.27; A2006-42 amdt 2.18\nReferences to notification of legislative instruments\ns 63 hdg am A2006-42 amdt 2.19\ns 63 am A2001-56 amdt 2.45, amdt 2.46; A2006-42 amdt 2.18;\nA2011-28 amdt 2.8\nPresentation of subordinate laws and disallowable instruments\ns 64 hdg sub A2002-11 amdt 1.28\ns 64 am A2002-11 amdt 1.29; A2005-20 amdt 2.34; A2005-62\namdt 2.6\nDisallowance by resolution of Assembly\ns 65 hdg sub A2001-56 amdt 2.47\ns 65 am A2001-56 amdt 2.48, amdt 2.49; A2002-11 amdt 1.30;\nA2003-56 amdt 2.5; ss renum R21 LA (see A2003-56\namdt 2.6); A2004-42 amdt 2.5, amdt 2.6; A2005-20\namdt 2.35; A2005-62 amdt 2.7\nNotification of disallowance by resolution of Assembly\ns 65A ins A2001-56 amdt 2.50\nam A2002-11 amdt 1.31; A2003-41 amdt 2.20; A2005-62\namdt 2.8; A2011-28 amdts 2.9-2.12; A2015-15 amdt 2.3\nRevival of affected laws\ns 66 am A2002-11 amdt 1.32\nMaking of instrument same in substance within 6 months after disallowance\ns 67 am A2002-11 amdt 1.33; A2005-20 amdt 2.36; A2005-62\namdt 2.9\n\nAmendment by resolution of Assembly\ns 68 am A2001-56 amdts 2.51-2.53; ss renum R1 LA (see\nA2001-56 amdt 2.54); A2002-11 amdt 1.34; A2004-42\namdt 2.7, amdt 2.8; A2005-20 amdt 2.37; A2005-62\namdt 2.10\nNotification of amendments made by resolution of Assembly\ns 69 am A2001-56 amdt 2.55, amdt 2.56; A2002-11 amdt 1.35;\nA2002-49 amdt 2.8; A2005-62 amdt 2.11; A2011-28\namdts 2.13-2.16; A2015-15 amdt 2.4\nMaking of amendment restoring effect of law within 6 months after\ns 70 am A2002-11 amdt 1.36; A2005-20 amdt 2.38; A2005-62\namdt 2.12\nEffect of dissolution or expiry of Assembly on notice of motion\ns 71 am A2002-11 amdt 1.37; A2005-20 amdt 2.39, amdt 2.40;\nA2005-62 amdt 2.13\nMeaning of law—ch 8\ns 72 am A2004-42 amdt 2.9; A2005-20 amdt 2.41\nGeneral rules about commencement\ns 73 am A2002-11 s 13, s 14, amdt 1.38, amdt 1.39; A2003-41\namdt 2.21; A2003-56 amdts 2.7-2.9; A2004-42 amdt 2.10;\nA2005-20 amdt 2.42; A2006-42 amdt 2.18; A2021-12\nTime of commencement\ns 74 sub A2002-11 s 15\nCommencement of naming and commencement provisions\ns 75 hdg sub A2004-42 amdt 2.11\ns 75 am A2002-11 s 16; A2002-49 amdt 2.9, amdt 2.10; A2003-56\namdt 2.10, amdt 2.11; A2004-42 amdt 2.12; ss renum R27\nLA (see A2004-42 amdt 2.13) ; A2006-42 amdt 2.18;\nA2021-12 amdt 2.13\nCommencement of provisions identifying amended laws\ns 75AA ins A2006-42 amdt 2.5\nMeaning of commences retrospectively\ns 75A ins A2003-56 amdt 2.12\nRetrospective commencement requires clear indication\ns 75B ins A2003-56 amdt 2.12\nam A2004-42 amdt 2.14; ss renum R27 LA (see A2004-42\namdt 2.15)\n\nNon-prejudicial provision may commence retrospectively\ns 76 am A2002-11 amdt 1.40; ss renum R5 LA (see A2002-11\namdt 1.41); A2003-56 amdt 2.13, amdt 2.14; A2005-20\namdt 2.46\nCommencement by commencement notice\ns 77 am A2002-11 s 17, amdt 1.42; A2002-49 amdt 2.11; A2004-42\namdts 2.16-2.18; A2021-12 amdt 2.13\nSeparate commencement of amendments\ns 78 sub A2002-11 amdt 1.43\nAutomatic commencement of postponed law\ns 79 am A2002-11 amdt 1.44; A2002-49 amdt 2.12; A2003-41\namdt 2.22; A2003-56 amdt 2.15, amdt 2.16; ss renum R21\nLA (see A2003-56 amdt 2.17); A2004-42 amdt 2.19;\nA2005-20 amdt 2.44, amdt 2.45; A2021-12 amdt 2.13\nCommencement of amendment of uncommenced law\ns 79A ins A2003-41 amdt 2.23\nReferences to commencement of law\ns 80 am A2002-49 amdt 2.13\nExercise of powers between notification and commencement\ns 81 am A2002-11 amdts 1.45-1.47; A2004-42 amdt 2.20,\namdt 2.21; ss renum R27 LA (see A2004-42 amdt 2.22);\nA2005-5 s 25; ss renum R32 LA (see A2005-5 s 26);\nA2005-20 amdt 2.46; A2006-42 amdt 2.18\nDefinitions—ch 9\ns 82 def law sub A2004-42 amdt 2.23; A2005-20 amdt 2.47\ndef repeal sub A2002-49 amdt 2.14\nam A2004-42 amdt 2.24\nConsequences of amendment of statutory instrument by Act\ns 83 am A2002-11 amdt 1.48, amdt 1.49\nSaving of operation of repealed and amended laws\ns 84 am A2002-11 amdt 1.50; ss renum R5 LA (see A2002-11\namdt 1.51); A2005-20 amdt 2.48\nCreation of offences and changes in penalties\ns 84A ins A2001-56 amdt 2.57\nam A2002-11 amdt 1.52; A2004-42 amdt 2.25; ss renum R27\nLA (see A2004-42 amdt 2.26); A2005-20 amdt 2.49\nWhen repeal takes effect\ns 85 sub A2002-11 s 18\n\nRepealed and amended laws not revived on repeal of repealing and\namending laws\ns 86 am A2002-11 amdt 1.53; ss renum R5 LA (see A2002-11\namdt 1.54); A2021-12 amdt 2.13\nCommencement not undone if repealed\ns 87 am A2002-11 amdt 1.55\nRepeal does not end effect of transitional laws etc\ns 88 hdg sub A2002-49 amdt 2.15\ns 88 am A2002-11 amdt 1.56; A2003-56 amdt 2.18; A2005-20\namdt 2.50, amdt 2.51; ss renum R34 LA (see A2005-20\namdt 2.52); A2006-42 amdt 2.6, amdt 2.7\nAutomatic repeal of certain laws and provisions\ns 89 am A2002-11 amdts 1.57-1.59; ss renum R5 LA (see\nA2002-11 amdt 1.60); A2002-30 amdt 2.3; A2002-49\namdts 2.16-2.18, 2.20-2.23; ss renum R13 LA (see A2002-49\namdt 2.19); A2003-56 amdts 2.19-2.23; ss renum R21 LA\n(see A2003-56 amdt 2.24); A2004-42 amdt 2.27, amdt 2.28,\namdts 2.30-2.32; ss renum R27 LA (see A2004-42\namdt 2.29); A2005-20 amdts 2.53-2.56; A2006-42 amdt 2.8,\namdt 2.18; A2021-12 amdt 2.9; A2021-12 amdt 2.13\nInsertion of provisions by amending law\ns 91 am A2001-56 amdt 2.58; A2002-11 amdts 1.61-1.63; ss renum\nR5 LA (see A2002-11 amdt 1.64) ; A2003-41 amdt 2.24;\nA2004-42 amdt 2.33, amdt 2.34; A2005-20 amdt 2.57;\nA2009-20 amdt 2.6; A2021-12 amdt 2.13\nAmendment to be made whenever possible\ns 92 am A2002-11 amdts 1.65-1.68; A2005-20 amdt 2.58;\nA2021-12 amdt 2.13\nProvisions included in another provision for amendment purposes\ns 93 am A2001-56 amdt 2.59, amdt 2.60; A2002-11 amdt 1.69;\nA2004-42 amdt 2.35, amdt 2.36; A2005-20 amdt 2.59\nContinuance of appointments etc made under amended provisions\ns 94 am A2002-11 amdt 1.70; ss renum R5 LA (see A2002-11\namdt 1.71); A2002-49 amdt 2.24; A2003-41 amdt 2.25\nStatus of modifications\ns 95 am A2002-11 amdt 1.72, amdt 1.73\nRelocated provisions\ns 96 am A2002-11 amdt 1.74; A2005-20 amdt 2.60; A2021-12\nReferring to laws\nch 10 hdg sub A2005-20 amdt 2.61\n\nDefinitions—ch 10\ns 97 hdg sub A2001-56 amdt 2.61\ns 97 am A2001-56 amdt 2.62\ndef ACT law ins A2005-20 amdt 2.61\ndef law ins A2005-20 amdt 2.61\ndef law of another jurisdiction ins A2005-20 amdt 2.61\nReferences to ACT law include law containing reference\ns 98 am A2002-11 amdt 1.75\nReferences in ACT statutory instruments to the Act\ns 99 am A2003-56 amdt 2.25\nReferring to particular ACT laws\ns 100 am A2003-56 amdt 2.26\nam A2011-28 amdt 2.17; A2021-12 amdt 2.13\nReferring to particular laws of other jurisdictions etc\ns 101 am A2002-49 amdt 2.25\nReference to provisions of law or instrument is inclusive\ns 101A ins A2001-56 amdt 2.63\nom A2005-20 amdt 2.61\nReferences to paragraphs etc\ns 101B ins A2001-56 amdt 2.63\nom A2005-20 amdt 2.61\nReferences to laws include references to laws as in force from time to time\ns 102 am A2002-11 amdt 1.76, amdt 1.77; A2003-56 amdt 2.27;\nss renum R21 LA (see A2003-56 amdt 2.28)\nReferences to repealed laws\ns 103 sub A2005-20 amdt 2.61\nReferences to laws include references to instruments under laws\ns 104 am A2001-56 amdt 2.64\nam A2015-50 amdt 2.1\nReferring to provisions of laws\ns 105 am A2002-11 amdt 1.78, amdt 1.79\n\nReferences to provisions of laws are inclusive\ns 106 am A2002-30 amdt 2.4\nReferences to paragraphs etc of laws\ns 106A ins A2005-20 amdt 2.61\nMeaning of law—ch 11\ns 107 hdg sub A2004-42 amdt 2.37\ns 107 def law am A2003-41 amdt 2.26; A2005-20 amdt 2.62\ndef republication ins A2004-42 amdt 2.38\nRepublication in register\ns 108 am A2001-56 amdt 2.65\nRepublications may be published with other information\ns 109 am A2003-41 amdt 2.27\nIncorporation of amendments\ns 111 am A2005-20 amdt 2.63, amdt 2.64\nAuthorisation for parliamentary counsel\ns 114 am A2001-70 amdt 1.8\nAmbit of editorial amendments\ns 116 am A2003-56 amdt 2.29; A2005-20 amdts 2.65-2.68,\namdt 2.146\ns 119 renum as s 260\nScope of Acts and statutory instruments\nch 12 hdg orig ch 12 hdg renum as ch 19 hdg and then ch 20 hdg\nAct to be interpreted not to exceed legislative powers of Assembly\ns 120 orig s 120 renum as s 261\nam A2002-11 amdt 1.80\nBinding effect of Acts\ns 121 orig s 121 renum as s 262 and then s 302\nins A2002-11 s 19\nam A2006-38 amdt 1.8\nApplication to Territory\ns 122 orig s 122 renum as s 263\nam A2002-11 amdt 1.81\nApplication of s 47 (2) and (3)\ns 122A renum as s 264 and then s 304\n\ns 123 renum as s 265 and then s 305\nApplication of s 69\ns 124 renum as s 266\nStructure of Acts and statutory instruments\nch 13 hdg orig ch 13 hdg renum as ch 20 hdg and then ch 21 hdg\nGeneral\npt 13.1 hdg ins A2001-56 amdt 2.68\nMeaning of law—ch 13\ns 125 orig s 125 renum as s 267 and then s 306\nam A2005-20 amdt 2.69\nMaterial that is part of Act or statutory instrument\ns 126 orig s 126 renum as s 268 and then s 307\nam A2002-11 amdt 1.82; A2002-30 amdt 2.5; A2003-56\namdt 2.30; ss renum R21 LA (see A2003-56 amdt 2.31);\nA2005-20 amdt 2.70\nMaterial that is not part of Act or statutory instrument\ns 127 orig s 127 renum as s 269 and then s 308\nam A2002-11 amdt 1.83; A2005-20 amdt 2.71\ns 128 renum as s 270 and then s 309\ns 129 renum as s 271 and then s 310\nParticular kinds of provisions\npt 13.2 hdg ins A2001-56 amdt 2.68\nWhat is a definition?\ns 130 orig s 130 renum as s 272 and then s 313\nam A2003-56 amdts 2.32-2.34\nSignpost definitions\ns 131 ins A2001-56 amdt 2.68\nam A2002-49 amdt 2.26, amdt 2.27; A2003-56 amdt 2.35,\namdt 2.36; ss renum R21 LA (see A2003-56 amdt 2.37);\nA2009-20 amdt 2.7; A2009-28 amdt 2.20\n\ns 132 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.84; A2021-12 amdt 2.10, amdt 2.13\nPenalty units\ns 133 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.85; A2009-35 s 4; ss renum R67 LA;\nA2013-30 s 4; ss renum R86 LA; A2014-37 s 4; A2018-40\ns 18; A2021-12 amdt 2.13\nPenalties at end of sections and subsections\ns 134 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.86; A2002-49 amdt 2.28; A2005-20\namdt 2.72; amdt 2.73\nPenalties not at end of sections and subsections\ns 135 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.87; A2002-49 amdt 2.29; A2005-20\namdt 2.74, amdt 2.75\nInterpretation of Acts and statutory instruments\nch 14 hdg ins A2002-11 s 20\nPurpose and scope\npt 14.1 hdg ins A2003-18 s 4\nMeaning of Act—ch 14\ns 136 ins A2001-56 amdt 2.68\nom A2002-11 amdt 1.88\nins A2003-18 s 4\nPurpose and scope—ch 14\ns 137 ins A2002-11 s 20\nKey principles of interpretation\npt 14.2 hdg ins A2003-18 s 4\nMeaning of working out the meaning of an Act—pt 14.2\ns 138 reloc from IA A2002-11 amdt 2.63\nInterpretation best achieving Act’s purpose\ns 139 reloc from IA A2002-11 amdt 2.63\npars renum R5 LA\nam A2002-49 amdt 2.30\nam A2004-5 amdt 2.7\n\nLegislative context\ns 140 ins A2003-18 s 4\nam A2006-23 amdt 1.211\nNon-legislative context generally\ns 141 ins A2003-18 s 4\nam A2003-41 amdt 2.28\nNon-legislative context—material that may be considered\ns 142 ins A2003-18 s 4\nam A2003-41 amdt 2.29; table renum R22 LA; A2005-20\namdt 2.76\nLaw stating material for consideration in working out meaning\ns 143 ins A2003-18 s 4\nAids to interpretation\nch 15 hdg ins A2001-56 amdt 2.68\nch 15 hdg note om A2002-11 amdt 1.89\nGeneral\npt 15.1 hdg ins A2001-56 amdt 2.68\nMeaning of commonly-used terms\ns 144 hdg sub A2003-56 amdt 2.38\ns 144 ins A2001-56 amdt 2.68\nGender and number\ns 145 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.90\nMeaning of may and must\ns 146 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.91, amdt 1.92; A2002-30 amdt 2.6;\nA2003-56 amdt 2.39; A2005-20 amdt 2.77\nChanges of drafting practice not to affect meaning\ns 147 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.93\nTerms used in instruments have same meanings as in authorising laws\ns 148 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.94; A2003-56 amdt 2.40\nAge in years\ns 149 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.95\nMeasurement of distance\ns 150 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.96\n\nWorking out periods of time generally\ns 151 ins A2002-11 s 21\nam A2002-49 amdt 2.31; A2003-56 amdt 2.41\nsub A2005-62 amdt 2.14\nam A2006-42 amdt 2.9, amdt 2.10; ss renum R47 LA;\nA2014-44 amdt 2.2, amdt 2.3; ss renum R97 LA\n(10)-(12) exp 11 January 2007 (s 151 (12))\nPeriods of time ending on non-working days\ns 151A ins A2005-62 amdt 2.14\nam A2006-42 amdt 2.11\n(5)-(7) exp 11 January 2007 (s 151A (7))\nam A2025-29 amdt 2.1\nDoing things for which no time is fixed\ns 151B ins A2005-62 amdt 2.14\nPower to extend time\ns 151C ins A2005-62 amdt 2.14\nContinuing effect of obligations\ns 152 ins A2002-11 s 21\nsub A2002-49 amdt 2.32\nDefinitions\npt 15.2 hdg ins A2001-56 amdt 2.68\nDefinitions apply subject to contrary intention\ns 155 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.97, amdt 1.98\nApplication of definitions in dictionaries and sections\ns 156 ins A2001-56 amdt 2.68\nam A2003-56 amdt 2.42; A2005-20 amdts 2.78-2.80\nDefined terms—other parts of speech and grammatical forms\ns 157 ins A2001-56 amdt 2.68\nsub A2002-11 amdt 1.99\nam A2003-56 amdt 2.43\nReferences to various entities and things\npt 15.3 hdg ins A2001-56 amdt 2.68\nReferences to people generally\ns 160 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.100, amdt 1.101; A2009-20 amdt 2.8\nCorporations liable to offences\ns 161 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.102; A2002-51 amdt 1.23; A2002-49\namdt 2.33\n\nReferences to a Minister or the Minister\ns 162 ins A2001-56 amdt 2.68\nReferences to a director-general or the director-general\ns 163 ins A2001-56 amdt 2.68\nam A2005-44 amdt 1.5\nsub A2011-22 amdt 1.276\nam A2017-28 amdt 2.2, amdt 2.3\nReferences to Australian Standards etc\ns 164 ins A2001-56 amdt 2.68\nsub A2003-56 amdt 2.44\nReferences to Assembly committees that no longer exist\ns 165 ins A2001-56 amdt 2.68\nReferences to person with interest in land include personal\nrepresentative etc\ns 168 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.103\nReferences to domestic partner and domestic partnership\ns 169 ins A2003-14 s 4\nam A2006-22 amdt 1.72, amdt 1.73 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.42, amdt 1.43; A2012-40 amdt 3.63,\namdt 3.64; A2013-39 amdt 2.36 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55)); A2026-4 s 32, s 33\nReferences to transgender people\ns 169A ins A2003-14 s 4\nReferences to intersex people\ns 169B ins A2003-14 s 4\nsub A2014-8 amdt 1.6\nPreservation of certain common law privileges\npt 15.4 hdg ins A2002-11 s 22\nPrivileges against self-incrimination and exposure to civil penalty\ns 170 ins A2002-11 s 22\nam A2011-48 amdt 1.34\nClient legal privilege\ns 171 ins A2002-11 s 22\nam A2011-48 amdt 1.35\nCourts, tribunals and other decision-makers\nch 16 hdg ins A2001-56 amdt 2.68\n\nMeaning of law—ch 16\ns 175 ins A2001-56 amdt 2.68\nam A2005-20 amdt 2.81\nJurisdiction of courts and tribunals\ns 176 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.104\nRecovery of amounts owing under laws\ns 177 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.105\nsub A2008-37 amdt 1.296\nPower to decide includes power to take evidence etc\ns 178 hdg am A2003-41 amdt 2.30\ns 178 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.106, amdt 1.107; A2003-41 amdt 2.31\nsub A2005-53 amdt 1.92\nContent of statements of reasons for decisions\ns 179 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.108; A2003-56 amdt 2.45\nPower to make decision includes power to reverse or change\ns 180 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.109\nEntities and positions\nch 17 hdg ins A2001-56 amdt 2.68\nMeaning of law—ch 17\ns 182 (prev s 185) ins A2001-56 amdt 2.68\nrenum A2002-11 amdt 1.110\nsub A2003-56 amdt 2.46\nam A2005-20 amdt 2.82\nChange of name of entity\ns 183 (prev s 187) ins A2001-56 amdt 2.68\nam A2003-56 amdt 2.47\nsub A2005-20 amdt 2.83\nChange in constitution of entity\ns 184 (prev s 188) ins A2001-56 amdt 2.68\nReferences to entity\ns 184A ins A2005-20 amdt 2.84\n\nReferences to occupant of position\ns 185 orig s 185 renum as s 182\n(prev s 189) ins A2001-56 amdt 2.68\nam A2003-56 amdt 2.48; A2005-20 amdt 2.85, amdt 2.86\nChange of name of position\ns 186 (orig s 186) ins A2001-56 amdt 2.68\nom A2002-11 amdt 1.111\n(prev s 190) ins A2001-56 amdt 2.68\nam A2003-56 amdt 2.49\nsub A2005-20 amdt 2.87\nChair and deputy chair etc\ns 187 orig s 187 renum as s 183\n(prev s 191) ins A2001-56 amdt 2.68\nsub A2005-20 amdt 2.88\nOffences\nch 18 hdg orig ch 18 hdg renum as ch 19 hdg\nIntroductory\npt 18.1 hdg renum as pt 19.1 hdg\nFunctions\npt 18.2 hdg renum as pt 19.2 hdg\nAppointments\npt 18.3 hdg renum as pt 19.3 hdg\nAppointments—other than acting appointments\ndiv 18.3.1 hdg renum as div 19.3.1.hdg\nActing appointments\ndiv 18.3.2 hdg renum as div 19.3.2 hdg\nDelegations\npt 18.4 hdg renum as pt 19.4 hdg\nService of documents\npt 18.5 hdg renum as pt 19.5 hdg\nOther matters\npt 18.6 hdg renum as pt 19.7 hdg\nMeaning of ACT law—ch 18\ns 188 orig s 188 renum as s 184\nsub A2005-20 amdt 2.89\n\nReference to offence includes reference to related ancillary offences\ns 189 orig s 189 renum as s 185\nam A2002-51 amdt 1.24, amdt 1.25; A2005-20 amdt 2.90,\namdt 2.91; A2005-53 amdt 1.93\nIndictable and summary offences\ns 190 orig s 190 renum as s 186\nam A2003-56 amdt 2.50; ss renum R21 LA (see A2003-56\namdt 2.51); A2005-20 amdt 2.92; A2008-44 amdt 1.62\nOffences against 2 or more laws\ns 191 orig s 191 renum as s 187\nam A2005-20 amdts 2.93-2.96\nWhen must prosecutions begin?\ns 192 ins A2002-11 s 23\nam A2002-51 amdt 1.26; A2004-32 s 90; A2005-5 s 27;\nA2005-20 amdt 2.97; A2005-53 amdt 1.94; A2005-62\namdt 2.15, amdt 2.16; A2007-16 amdt 2.1, amdt 2.2\nContinuing offences\ns 193 ins A2002-11 s 23\nam A2005-20 amdt 2.98\nAdministrative and machinery provisions\nch 19 hdg (prev ch 12 hdg) renum as ch 19 hdg and then ch 20 hdg\n(prev ch 18 hdg) ins A2001-56 amdt 2.68\nrenum as ch 19 hdg A2002-11 s 24\nIntroductory\npt 19.1 hdg (prev pt 18.1 hdg) ins A2001-56 amdt 2.68\nMeaning of law—ch 19\ns 195 ins A2001-56 amdt 2.68\nam A2005-20 amdt 2.99\nFunctions\npt 19.2 hdg (prev pt 18.2 hdg) ins A2001-56 amdt 2.68\nProvision giving function gives power to exercise function\ns 196 ins A2001-56 amdt 2.68\nStatutory functions may be exercised from time to time\ns 197 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.113, amdt 1.114; A2005-20 amdt 2.100\n\nFunctions of bodies\ns 199 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.115, amdt 1.116; ss renum R5 LA\n(see A2002-11 amdt 1.117); A2003-41 amdt 2.32, amdt 2.33;\nss renum R20 LA (see A2003-41 amdt 2.34)\nFunctions of occupants of positions\ns 200 ins A2001-56 amdt 2.68\nAppointments\npt 19.3 hdg (prev pt 18.3 hdg) ins A2001-56 amdt 2.68\nAppointments—general\ndiv 19.3.1 hdg (prev div 18.3.1 hdg) ins A2001-56 amdt 2.68\nsub A2003-56 amdt 2.52\ndiv 19.3.1 note ins A2002-11 amdt 1.118\nam A2022-4 amdt 1.43\nApplication—div 19.3.1\ns 205 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.119, amdt 1.120\nAppointments must be in writing etc\ns 206 ins A2001-56 amdt 2.68\nsub A2002-11 s 25\nAppointment may be by name or position\ns 207 ins A2001-56 amdt 2.68\nPower of appointment includes power to suspend etc\ns 208 ins A2001-56 amdt 2.68\nam A2005-20 amdt 2.101\nPower of appointment includes power to make acting appointment\ns 209 ins A2001-56 amdt 2.68\nResignation of appointment\ns 210 ins A2001-56 amdt 2.68\nAppointment not affected by appointer changes\ns 211 ins A2001-56 amdt 2.68\nAppointment not affected by defect etc\ns 212 ins A2001-56 amdt 2.68\nActing appointments\ndiv 19.3.2 hdg (prev div 18.3.2 hdg) ins A2001-56 amdt 2.68\n\nApplication—div 19.3.2\ns 215 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.121, amdt 1.122\nActing appointments must be in writing etc\ns 216 ins A2001-56 amdt 2.68\nsub A2002-11 s 26\nActing appointment may be made by name or position\ns 217 ins A2001-56 amdt 2.68\nInstrument may provide when acting appointment has effect etc\ns 218 ins A2001-56 amdt 2.68\nAppointer may decide terms of acting appointment etc\ns 219 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.123\nAppointee may exercise functions under acting appointment etc\ns 220 ins A2001-56 amdt 2.68\nHow long does an acting appointment operate?\ns 221 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.124\nResignation of acting appointment\ns 222 ins A2001-56 amdt 2.68\nEffect of acting appointment on substantive appointment etc\ns 223 ins A2001-56 amdt 2.68\nActing appointment not affected by appointer changes\ns 224 ins A2001-56 amdt 2.68\nActing appointment not affected by defect etc\ns 225 ins A2001-56 amdt 2.68\nStanding acting arrangements\ndiv 19.3.2A hdg ins A2003-41 amdt 2.35\nApplication—div 19.3.2A\ns 225A ins A2003-41 amdt 2.35\nPerson acting under standing acting arrangement may exercise\nfunctions etc\ns 225B hdg sub A2005-20 amdt 2.102\ns 225B ins A2003-41 amdt 2.35\nAppointments—Assembly consultation\ndiv 19.3.3 hdg ins A2002-11 s 27\nMeaning of statutory position—div 19.3.3\ns 226 ins A2002-11 s 27\n\nApplication—div 19.3.3\ns 227 ins A2002-11 s 27\nam A2002-49 amdt 2.34; A2004-28 amdt 3.32\n(3), (4) exp 22 December 2004 (s 227 (4) and see A2004-28,\ns 211 (1) and NI2004-486)\nam A2007-3 amdt 2.1\nConsultation with relevant Assembly committee\ns 228 hdg sub A2022-4 amdt 1.44\ns 228 ins A2002-11 s 27\nam A2022-4 amdt 1.45, amdt 1.46\nAppointment is disallowable instrument\ns 229 hdg sub A2002-49 amdt 2.35\ns 229 ins A2002-11 s 27\nDelegations\npt 19.4 hdg (prev pt 18.4 hdg) ins A2001-56 amdt 2.68\nApplication—pt 19.4 generally\ns 230 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.125; A2005-20 amdt 2.103, amdt 2.104\nApplication—pt 19.4 to subdelegations\ns 231 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.126; A2003-56 amdt 2.53, amdt 2.54\nDelegation must be in writing etc\ns 232 ins A2001-56 amdt 2.68\nDelegation may be made by name or position\ns 233 ins A2001-56 amdt 2.68\nInstrument may provide when delegation has effect etc\ns 234 ins A2001-56 amdt 2.68\nam A2003-41 amdt 2.36\nDelegation may be made to 2 or more delegates\ns 235 ins A2001-56 amdt 2.68\nPower to delegate may not be delegated\ns 236 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.127\nsub A2003-56 amdt 2.55\nDelegation may be amended or revoked\ns 237 ins A2001-56 amdt 2.68\nam A2005-20 amdt 2.105\nAppointer responsible for delegated function\ns 238 ins A2001-56 amdt 2.68\n\nExercise of delegation by delegate\ns 239 ins A2001-56 amdt 2.68\nam A2002-49 amdt 2.36, amdt 2.37; A2003-56 amdt 2.56\nAppointer may exercise delegated function\ns 240 ins A2001-56 amdt 2.68\nDelegation not affected by appointer changes\ns 241 ins A2001-56 amdt 2.68\nDelegation not affected by defect etc\ns 242 ins A2001-56 amdt 2.68\nService of documents\npt 19.5 hdg (prev pt 18.5 hdg) ins A2001-56 amdt 2.68\nApplication—pt 19.5\ns 245 ins A2001-56 amdt 2.68\nDefinitions—pt 19.5\ns 246 ins A2001-56 amdt 2.68\ndef executive officer am A2011-22 amdt 1.277\ndef home address am A2002-30 amdt 2.7\nService of documents on individuals\ns 247 ins A2001-56 amdt 2.68\nam A2002-49 amdt 2.38, amdt 2.39\nService of documents on corporations\ns 248 ins A2001-56 amdt 2.68\nam A2002-49 amdt 2.40, amdt 2.41\nService of documents on agencies\ns 249 ins A2001-56 amdt 2.68\nWhen document taken to be served\ns 250 hdg sub A2005-20 amdt 2.106\ns 250 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.128; A2011-48 amdt 1.36; A2018-9\ns 102\nOther laws not affected etc\ns 251 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.129\nPowers of courts and tribunals not affected\ns 252 ins A2001-56 amdt 2.68\nFunctions of Executive and Ministers\npt 19.6 hdg ins A2002-11 s 29\n\nExercise of functions of Executive\ns 253 ins A2002-11 s 29\nam A2003-41 amdt 2.37; A2005-62 amdt 2.17; A2021-3 s 27\nAdministration of matters not allocated\ns 254 ins A2002-11 s 29\nDelegation by Minister\ns 254A ins A2002-11 s 29\nOther matters\npt 19.7 hdg (prev pt 18.6 hdg) ins A2001-56 amdt 2.68\nsub A2002-11 s 28\nForms\ns 255 ins A2001-56 amdt 2.68\nam A2002-11 amdt 1.130, amdt 1.131; A2002-49 amdt 2.42;\nA2003-41 amdt 2.38; A2005-20 amdt 2.107, amdt 2.108;\nA2006-42 amdt 2.12, amdt 2.19; A2021-12 amdt 2.11\nProduction of records kept in computers etc\ns 256 ins A2001-56 amdt 2.68\nam A2005-20 amdt 2.109\nOut-of-session presentation of documents to Legislative Assembly\ns 257 ins A2015-50 amdt 2.2\ns 260 (prev s 119) renum A2001-56 amdt 2.67\nom A2002-11 amdt 1.132\nReferences to Administration Act 1989 etc\ns 261 (prev s 120) renum A2001-56 amdt 2.67\nom A2002-11 amdt 1.132\nRegulation-making power\ns 262 (prev s 121) renum as s 262 and then s 302\nApplication of s 28\ns 263 (prev s 122) renum A2001-56 amdt 2.67\nexp 12 March 2002 (s 263 (2))\nApplication of s 47 (2) to (6)\ns 264 (prev s 122A) renum as s 264 and then s 304\ns 265 (prev s 123) renum as s 265 and then s 305\nApplication of s 69\ns 266 (prev s 124) renum A2001-56 amdt 2.67\nexp 12 March 2002 (s 266 (2))\n\nTransitional regulations\ns 267 (prev s 125) renum as s 267 and then s 306\nModification of ch 20’s operation\ns 268 (prev s 126) renum as s 268 and then s 307\nStatus of certain instruments as disallowable instruments\ns 269 (prev s 127) renum as s 269 and then s 308\ns 270 (prev s 128) renum as s 270 and then s 309\ns 271 (prev s 129) renum as s 271 and then s 310\nCommencement of Acts that refer to notification or notice in the gazette\ns 271B renum as s 311\nCommencement of registrable instruments that refer to notification or notice\nin the gazette\ns 271C renum as s 312\nStatus of republications under Legislation (Republication) Act 1996\ns 272 (prev s 130) renum as s 272 and then s 313\nTransitional provisions about penalties\ns 273 renum as s 314\nStatus of certain determinations\ns 274 renum as s 315\nMiscellaneous\nch 20 hdg (prev ch 13 hdg) renum as ch 20 hdg and then ch 21 hdg\n(prev ch 12 hdg) renum as ch 19 hdg A2001-56 amdt 2.66\nrenum as ch 20 hdg A2002-11 s 24\ns 300 ins A2002-11 amdt 1.132\nam A2004-60 amdt 1.175\nReferences to Administration Act 1989 etc\ns 301 ins A2002-11 amdt 1.132\nRegulation-making power\ns 302 (prev s 121) renum as s 262 A2001-56 amdt 2.67\nrenum as s 302 R5 LA (see A2002-11 amdt 1.133)\nsub A2003-41 amdt 2.39\nam A2006-42 amdt 2.19; A2011-28 amdt 2.18\n\nTransitional\nch 21 hdg (prev ch 13 hdg) renum as ch 20 hdg A2001-56 amdt 2.66\nrenum as ch 21 hdg A2002-11 s 24\nom R29 LA\nTransitional—meaning of optometrist\ns 303 ins A2005-9 amdt 1.1\nexp 9 January 2007 (see the Health Professionals Act 2004\ns 136 (1) (h)) (s 303 (2))\nApplication of s 47 (2) to (6)\ns 304 hdg (prev s 122A hdg) renum as s 264 hdg and then s 304 hdg\nsub A2002-11 amdt 1.134\ns 304 (prev s 122A) ins A2001-44 amdt 1.2623\nrenum as s 264 A2001-56 amdt 2.67\nam A2002-11 amdt 1.135\nrenum as s 304 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2004 (s 304 (4))\ns 305 (prev s 123) renum as s 265 A2001-56 amdt 2.67\nrenum as s 305 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2002 (s 305 (3))\nTransitional regulations\ns 306 (prev s 125) am A2001-44 amdt 1.2624\nrenum as s 267 A2001-56 amdt 2.67\nam A2001-56 amdts 2.69-2.71; A2002-11\namdts 1.137-1.140\nrenum as s 306 R5 LA (see A2002-11 amdt 1.136)\nexp 28 May 2003 (s 306 (5))\nModification of ch 20’s operation\ns 307 hdg (prev s 268 hdg) sub A2001-56 amdt 2.72\ns 307 (prev s 126) renum as s 268 A2001-56 amdt 2.67\nam A2002-11 amdt 1.141\nrenum as s 307 R5 LA (see A2002-11 amdt 1.13)\nam A2002-49 amdt 2.54\nexp 28 May 2003 (s 307 (2))\nStatus of certain instruments as disallowable instruments\ns 308 (prev s 127) renum as s 269 A2001-56 amdt 2.67\nrenum as s 308 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2004 (s 308 (4))\ns 309 (prev s 128) renum as s 270 A2001-56 amdt 2.67\nrenum as s 309 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2004 (s 309 (7))\n\ns 310 (prev s 129) renum as s 271 A2001-56 amdt 2.67\nam A2001-56 amdt 2.73\nrenum as s 310 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2004 (s 310 (5))\nApplication of s 89 to registrable instrument\ns 310A ins A2003-56 amdt 2.57\nexp 12 September 2004 (s 310A (2))\nCommencement of Acts that refer to notification or notice in the gazette\ns 311 (prev s 271B) ins as mod SL2001-34 reg 6\nexp 13 September 2002 (s 311 (5))\nCommencement of registrable instruments that refer to notification or notice\nin the gazette\ns 312 (prev s 271C) ins as mod SL2001-34 reg 6\nexp 13 September 2002 (s 312 (5))\nStatus of republications under Legislation (Republication) Act 1996\ns 313 (prev s 130) renum as s 272 A2001-56 amdt 2.67\nrenum as s 313 R5 LA (see A2002-11 amdt 1.136)\nexp 12 September 2004 (s 313 (3))\nTransitional provisions about penalties\ns 314 (prev s 273) ins A2001-56 amdt 2.74\nexp 12 September 2003 (s 314 (5))\nStatus of certain determinations\ns 315 (prev s 274) ins A2001-56 amdt 2.74\nexp 12 September 2003 (s 315 (6))\nDelegations under Administration Act 1989\ns 316 ins A2003-56 amdt 2.58\nexp 12 September 2004 (s 316 (3))\n\nFormer NSW and UK Acts in force before establishment of Territory\nsch 1 pt 1.1 hdg (prev sch 1 pt 1 hdg) sub and renum A2001-56 amdt 2.75\nsch 1 pt 1.1 am A2001-44 amdt 1.2625; A2001-56 amdts 2.76-2.79;\nA2001-88 s 43 (2); A2002-40 amdt 3.28; items renum R11\nLA (see A2002-40 amdt 3.29)\nsub A2002-49 amdt 2.43\nam A2003-56 amdt 2.59; items renum R21 LA (see A2003-56\namdt 2.60); A2004-17 amdt 2.10; items renum R30 LA (see\nA2004-17 amdt 2.11); A2004-60 amdt 1.176; items renum\nR31 LA (see A2004-60 amdt 1.177); A2006-38 amdt 1.9;\nitems renum R52 LA (see A2006-38 amdt 1.10); A2009-39\namdt 2.5; items renum R70 LA; A2009-50 s 50; items renum\nR71 LA; A2021-12 amdt 2.12; items renum R121 LA\nFormer NSW Acts applied after establishment of Territory\nsch 1 pt 1.2 hdg (prev sch 1 pt 2 hdg) sub and renum A2001-56 amdt 2.80\nsch 1 pt 1.2 am A2001-44 amdt 1.2626, amdt 1.2627; A2001-56\namdt 2.81; A2004-7 amdt 1.5; A2006-38 amdt 1.11; items\nrenum R52 LA (see A2006-38 amdt 1.12)\nMeaning of commonly-used terms\ndict pt 1 hdg sub A2003-56 amdt 2.61\ndict pt 1 note sub A2003-56 amdt 2.61\ndict pt 1 def AAT ins A2002-49 amdt 2.44\nom A2008-37 amdt 1.297\ndef ACAT ins A2008-36 amdt 1.409\ndef Act sub A2001-56 amdt 2.82\nam A2005-20 amdt 2.110\ndef ACT reloc from IA A2001-56 amdt 2.16\ndef ADI reloc from IA A2001-56 amdt 2.16\nsub A2002-49 amdt 2.45\ndef administrative appeals tribunal reloc from IA A2001-56\nom A2008-37 amdt 1.297\ndef administrative unit reloc from IA A2001-56 amdt 2.16\ndef adult reloc from IA A2001-56 amdt 2.16\ndef affidavit reloc from IA A2001-56 amdt 2.16\nom A2005-53 amdt 1.95\ndef ambulance service reloc from IA A2001-56 amdt 2.16\nsub A2004-28 amdt 3.33\ndef amend sub A2001-56 amdt 2.82\nam A2005-20 amdt 2.111, amdt 2.112\ndef appoint reloc from IA A2001-56 amdt 2.16\ndef AS ins A2009-20 amdt 2.9\ndef AS/NZS ins A2009-20 amdt 2.9\ndef asset reloc from IA A2001-56 amdt 2.16\ndef associate judge ins A2015-10 s 32\nom A2023-37 amdt 1.16\n\ndef Attorney-General ins A2001-56 amdt 2.82\ndef auditor-general reloc from IA A2001-56 amdt 2.16\nsub A2005-20 amdt 2.113\ndef Australia reloc from IA A2001-56 amdt 2.16\ndef Australian citizen ins A2012-21 amdt 2.1\ndef Australian Consumer Law (ACT) ins A2010-54\namdt 3.38\ndef Australian Criminal Intelligence Commission ins\nA2017-4 amdt 2.2\ndef Australian driver licence reloc from IA A2001-56\nsub A2025-29 amdt 2.2\ndef Australian/New Zealand Standard ins A2009-20\namdt 2.9\ndef Australian Standard ins A2009-20 amdt 2.9\ndef Australian Statistician ins A2005-20 amdt 2.114\ndef authorised deposit-taking institution reloc from IA\nsub A2002-49 amdt 2.46\ndef bank reloc from IA A2001-56 amdt 2.16\ndef bank holiday ins A2011-28 amdt 2.19\ndef bankrupt or personally insolvent ins A2009-49 amdt 2.1\ndef barrister reloc from IA A2001-56 amdt 2.16\ndef body reloc from IA A2001-56 amdt 2.16\ndef breach reloc from IA A2001-56 amdt 2.16\ndef building code ins A2004-13 amdt 2.79\ndef building society reloc from IA A2001-56 amdt 2.16\nsub A2003-56 amdt 2.62\ndef business day reloc from IA A2001-56 amdt 2.16\nam A2011-28 amdt 2.20\ndef by ins A2005-20 amdt 2.115\ndef by-law ins A2005-20 amdt 2.116\nom A2017-28 amdt 2.4\ndef by-laws ins A2002-11 amdt 1.142\nom A2005-20 amdt 2.116\ndef calendar month reloc from IA A2001-56 amdt 2.16\nsub A2014-44 amdt 2.4\ndef calendar year reloc from IA A2001-56 amdt 2.16\ndef Canberra Institute of Technology ins A2014-55 s 35\ndef change reloc from IA A2001-56 amdt 2.16\nsub A2006-42 amdt 2.13\ndef chief executive ins A2001-56 amdt 2.82\nom A2011-22 amdt 1.278\ndef chief fire control officer ins A2001-56 amdt 2.82\nom A2004-28 amdt 3.34\ndef chief health officer reloc from IA A2001-56 amdt 2.16\ndef Chief Justice reloc from IA A2001-56 amdt 2.16\n\ndef Chief Magistrate reloc from IA A2001-56 amdt 2.16\ndef Chief Minister reloc from IA A2001-56 amdt 2.16\ndef chief officer (ambulance service) ins A2004-28\namdt 3.35\ndef chief officer (fire and rescue) ins A2012-21 amdt 2.2\nom A2016-33 amdt 1.29\ndef chief officer (fire and rescue service) ins A2016-33\namdt 1.30\ndef chief officer (fire brigade) ins A2004-28 amdt 3.35\nom A2012-21 amdt 2.2\ndef chief officer (rural fire service) ins A2004-28 amdt 3.35\ndef chief officer (SES) ins A2004-28 amdt 3.35\ndef chief planner ins A2023-36 amdt 1.238\ndef chief planning executive ins A2002-56 amdt 3.43\nsub A2005-20 amdt 2.117; A2007-25 amdt 1.96\nom A2023-36 amdt 1.239\ndef chief police officer reloc from IA A2001-56 amdt 2.16\ndef chief solicitor ins A2004-42 amdt 2.39\nam A2011-30 amdt 1.8\ndef chief surveyor ins A2007-33 amdt 1.9\nom A2010-6 amdt 1.10\ndef child reloc from IA A2001-56 amdt 2.16\ndef children and young people commissioner ins A2005-46\namdt 1.1\ndef Childrens Court reloc from IA A2001-56 amdt 2.16\nsub A2008-20 amdt 4.42\ndef city area reloc from IA A2001-56 amdt 2.16\nam A2005-20 amdt 2.118\ndef city renewal authority ins A2017-12 amdt 1.3\ndef civil partner ins A2008-14 amdt 1.44\ndef civil partnership ins A2008-14 amdt 1.44\nsub A2012-40 amdt 3.65\ndef civil union ins A2006-22 amdt 1.74 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93))\nins A2012-40 amdt 3.66\nsub A2013-39 amdt 2.37 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\ndef civil union partner ins A2012-40 amdt 3.66\ndef clerk reloc from IA A2001-56 amdt 2.16\nam A2012-26 amdt 1.31\ndef commencement sub A2001-56 amdt 2.82\ndef commencement notice sub A2001-56 amdt 2.82\ndef commissioner for fair trading reloc from IA A2001-56\nsub A2005-20 amdt 2.119\nam A2010-54 amdt 3.39\n\ndef commissioner for health complaints ins A2001-56\nom A2005-41 amdt 1.110\ndef commissioner for housing reloc from IA A2001-56\nom A2007-8 amdt 1.12\ndef commissioner for land and planning reloc from IA\nom A2002-56 amdt 3.44\ndef commissioner for public administration reloc from IA\nom A2016-52 amdt 1.117\ndef commissioner for revenue reloc from IA A2001-56\ndef commissioner for surveys reloc from IA A2001-56\nom A2007-33 amdt 1.10\ndef commissioner for sustainability and the environment\nins A2012-25 amdt 1.2\ndef commissioner for the environment ins A2001-56\nom A2012-25 amdt 1.2\ndef commissioner of police reloc from IA A2001-56\ndef commit ins A2006-23 amdt 1.212\ndef committed for trial reloc from IA A2001-56 amdt 2.16\nom A2006-23 amdt 1.212\ndef Commonwealth reloc from IA A2001-56 amdt 2.16\ndef Commonwealth country reloc from IA A2001-56\ndef Commonwealth Criminal Code ins A2025-29 amdt 2.3\ndef Commonwealth DPP ins A2005-20 amdt 2.120\ndef Commonwealth gazette reloc from IA A2001-56\ndef community advocate reloc from IA A2001-56 amdt 2.16\nom A2005-47 amdt 1.12\ndef confer reloc from IA A2001-56 amdt 2.16\ndef conservator of flora and fauna reloc from IA A2001-56\nam A2014-59 amdt 2.36\ndef construction occupations registrar ins A2004-13\namdt 2.80\nsub A2005-20 amdt 2.121\ndef consumer and trader tribunal ins A2003-16 s 70\n\ndef Consumer Credit (Australian Capital Territory) Code\nreloc from IA A2001-56 amdt 2.16\nom A2010-40 amdt 1.25\ndef Consumer Credit (Australian Capital Territory)\nRegulations reloc from IA A2001-56 amdt 2.16\nom A2010-40 amdt 1.25\ndef contravene reloc from IA A2001-56 amdt 2.16\ndef converted ordinance reloc from IA A2001-56 amdt 2.16\ndef Co-operatives National Law (ACT) ins A2017-8 amdt 2.5\ndef Co-operatives National Regulation (ACT) ins A2017-8\namdt 2.5\ndef coroner ins A2014-18 amdt 2.1\ndef Coroner’s Court reloc from IA A2001-56 amdt 2.16\ndef corporation reloc from IA A2001-56 amdt 2.16\ndef Corporations Act ins in IA 2001No 56 amdt 2.14\nreloc from IA A2001-56 amdt 2.16\ndef correctional centre ins A2006-23 amdt 1.213\ndef corrections officer ins A2006-23 amdt 1.213\ndef Court of Appeal ins A2004-42 amdt 2.39\ndef court of summary jurisdiction reloc from IA A2001-56\ndef credit tribunal reloc from IA A2001-56 amdt 2.16\nsub A2005-20 amdt 2.122\ndef credit union reloc from IA A2001-56 amdt 2.16\nsub A2003-56 amdt 2.63\ndef Criminal Code ins A2002-51 amdt 1.27\ndef CrimTrac ins A2011-52 amdt 2.1\nom A2017-4 amdt 2.3\ndef custodial escort ins A2002-30 amdt 2.8\nom A2006-23 amdt 1.214\ndef daily newspaper ins A2009-20 amdt 2.10\nom A2015-33 amdt 1.139\ndef daylight reloc from IA A2001-56 amdt 2.16\ndef definition ins A2001-56 amdt 2.82\ndef dental prosthetist reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 3.1; A2010-10 amdt 2.69\ndef dental technician reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 3.2\nom A2011-28 amdt 2.21\ndef dentist reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 4.3; A2010-10 amdt 2.70\ndef Deputy Speaker ins A2005-20 amdt 2.123\ndef designation reloc from IA A2001-56 amdt 2.16\nom A2016-52 amdt 1.117\ndef detention place ins A2008-20 amdt 2.22\ndef director-general ins A2011-22 amdt 1.279\n\ndef director of corrective services ins A2002-30 amdt 2.8\nom A2006-23 amdt 1.215\ndef director of public prosecutions (or DPP) reloc from IA\ndef disability and community services commissioner ins\nA2005-41 amdt 1.111\ndef disallowable instrument sub A2001-56 amdt 2.82\ndef discrimination commissioner reloc from IA A2001-56\nsub A2005-41 amdt 1.112\ndef discrimination tribunal reloc from IA A2001-56 amdt 2.16\ndef doctor reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 5.13; A2010-10 amdt 2.71\ndef document reloc from IA A2001-56 amdt 2.16\nam A2003-56 amdt 2.64\ndef domestic partner ins A2003-14 s 5\ndef domestic partnership ins A2003-14 s 5\ndef DPP ins A2002-49 amdt 2.47\ndef driver licence reloc from IA A2001-56 amdt 2.16\nsub A2025-29 amdt 2.4\ndef electoral commission reloc from IA A2001-56 amdt 2.16\ndef electoral commissioner reloc from IA A2001-56\ndef emergency service ins A2004-28 amdt 3.35\nsub A2012-21 amdt 2.3; A2016-33 amdt 1.31\ndef emergency services authority ins A2004-28 amdt 3.35\nom A2007-3 amdt 2.2\ndef emergency services commissioner ins A2004-28\namdt 3.35\ndef enactment sub A2001-56 amdt 2.82\ndef enrolled nurse ins A2006-46 amdt 2.28\nsub A2010-10 amdt 2.72\nam A2025-29 amdt 2.5\ndef entity ins A2001-56 amdt 2.82\ndef environment protection authority ins A2002-11\namdt 1.142\ndef establish reloc from IA A2001-56 amdt 2.16\ndef estate reloc from IA A2001-56 amdt 2.16\ndef Executive reloc from IA A2001-56 amdt 2.16\ndef exercise reloc from IA A2001-56 amdt 2.16\ndef expire reloc from IA A2001-56 amdt 2.16\ndef external territory reloc from IA A2001-56 amdt 2.16\ndef fail reloc from IA A2001-56 amdt 2.16\ndef Federal Court reloc from IA A2001-56 amdt 2.16\ndef file reloc from IA A2001-56 amdt 2.16\ndef financial year reloc from IA A2001-56 amdt 2.16\n\ndef fire and rescue ins A2012-21 amdt 2.4\nom A2016-33 amdt 1.32\ndef fire and rescue service ins A2016-33 amdt 1.33\ndef fire brigade reloc from IA A2001-56 amdt 2.16\nsub A2004-28 amdt 3.36\nom A2012-21 amdt 2.5\ndef fire commissioner reloc from IA A2001-56 amdt 2.16\nom A2004-28 amdt 3.37\ndef for ins A2002-11 amdt 1.142\ndef foreign country reloc from IA A2001-56 amdt 2.16\nsub A2006-42 amdt 2.14\ndef former NSW Act sub A2001-56 amdt 2.82; A2002-11\namdt 1.143\ndef former UK Act sub A2001-56 amdt 2.82; A2002-11\namdt 1.143\ndef found guilty reloc from IA A2001-56 amdt 2.16\nsub A2002-49 amdt 2.48; A2006-23 amdt 1.216\nam A2008-20 amdt 4.43\ndef function reloc from IA A2001-56 amdt 2.16\ndef gambling and racing commission reloc from IA\ndef gazette reloc from IA A2001-56 amdt 2.16\nsub A2009-49 amdt 2.2\nam A2016-52 amdt 1.118\ndef give reloc from IA A2001-56 amdt 2.16\ndef government printer reloc from IA A2001-56 amdt 2.16\ndef government solicitor reloc from IA A2001-56 amdt 2.16\nsub A2011-30 amdt 1.9\ndef Governor ins A2001-56 amdt 2.82\ndef Governor-General ins A2001-56 amdt 2.82\ndef GST ins A2002-27 s 27\ndef guardianship tribunal reloc from IA A2001-56 amdt 2.16\ndef head of service ins A2016-52 amdt 1.119\ndef health practitioner ins A2010-10 amdt 2.73\ndef Health Practitioner Regulation National Law (ACT) ins\nA2010-10 amdt 2.73\ndef health services commissioner ins A2005-41 amdt 1.113\ndef Heavy Vehicle National Law (ACT) ins A2013-52 s 6\ndef heritage council ins A2004-57 amdt 1.53\ndef heritage register ins A2004-57 amdt 1.53\ndef High Court reloc from IA A2001-56 amdt 2.16\ndef home address ins A2009-49 amdt 2.3\ndef housing commissioner ins A2007-8 amdt 1.13\ndef human rights commission ins A2005-41 amdt 1.113\ndef human rights commissioner ins A2005-41 amdt 1.113\ndef Imperial Act reloc from IA A2001-56 amdt 2.16\n\ndef independent competition and regulatory commission\nins A2004-42 amdt 2.39\ndef indictable offence ins A2001-56 amdt 2.82\nsub A2002-11 amdt 1.144; A2003-56 amdt 2.65\ndef indictment reloc from IA A2001-56 amdt 2.16\ndef individual reloc from IA A2001-56 amdt 2.16\ndef Industrial Court ins A2013-43 amdt 1.3\ndef information privacy commissioner ins A2014-49\namdt 1.26\ndef infringement notice ins A2004-42 amdt 2.39\ndef in relation to ins A2002-49 amdt 2.49\ndef insolvent under administration ins A2003-56 amdt 2.66\nom A2005-20 amdt 2.124\ndef institute of technology ins A2007-3 amdt 2.3\nom A2014-55 s 36\ndef instrument sub A2001-56 amdt 2.82\ndef integrity commission ins A2018-52 amdt 1.90\ndef integrity commissioner ins A2018-52 amdt 1.90\ndef interest reloc from IA A2001-56 amdt 2.16\ndef internal territory reloc from IA A2001-56 amdt 2.16\ndef intersex person ins A2003-14 s 5\ndef Jervis Bay Territory reloc from IA A2001-56 amdt 2.16\ndef judge reloc from IA A2001-56 amdt 2.16\nam A2002-11 amdt 1.145\ndef Lake Burley Griffin reloc from IA A2001-56 amdt 2.16\ndef Lake Ginninderra reloc from IA A2001-56 amdt 2.16\nom A2017-4 amdt 2.4\ndef land reloc from IA A2001-56 amdt 2.16\ndef land development agency ins A2002-56 amdt 3.45\nsub A2005-20 amdt 2.125; A2007-25 amdt 1.97\nom A2017-12 amdt 1.4\ndef land titles register ins A2020-16 amdt 1.27\ndef law reloc from IA A2001-56 amdt 2.16\ndef lawyer reloc from IA A2001-56 amdt 2.16\ndef legal aid commission ins A2001-56 amdt 2.82\ndef legal practitioner reloc from IA A2001-56 amdt 2.16\nsub A2006-25 amdt 2.16\ndef Legislation Act ins A2002-49 amdt 2.50\ndef Legislative Assembly reloc from IA A2001-56 amdt 2.16\ndef legislative instrument ins A2006-42 amdt 2.15\ndef liability reloc from IA A2001-56 amdt 2.16\ndef magistrate reloc from IA A2001-56 amdt 2.16\ndef Magistrates Court reloc from IA A2001-56 amdt 2.16\ndef make reloc from IA A2001-56 amdt 2.16\ndef making sub A2001-56 amdt 2.82\n\ndef marriage ins A2013-39 amdt 2.38 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55))\ndef master reloc from IA A2001-56 amdt 2.16\nom A2015-10 s 33\ndef may ins A2001-56 amdt 2.82\ndef medical practitioner ins A2001-56 amdt 2.82\ndef mental health tribunal reloc from IA A2001-56 amdt 2.16\ndef midnight reloc from IA A2001-56 amdt 2.16\ndef midwife ins A2006-46 amdt 2.28\nsub A2010-10 amdt 2.74\nam A2025-29 amdt 2.6\ndef Minister ins A2001-56 amdt 2.82\ndef modification reloc from IA A2001-56 amdt 2.16\nsub A2006-42 amdt 2.16\ndef month reloc from IA A2001-56 amdt 2.16\nsub A2014-44 amdt 2.5\ndef must ins A2001-56 amdt 2.82\ndef name reloc from IA A2001-56 amdt 2.16\ndef named month reloc from IA A2001-56 amdt 2.16\nom A2014-44 amdt 2.6\ndef national capital authority ins A2002-11 amdt 1.146\ndef national capital plan ins A2004-42 amdt 2.39\ndef National Credit Code ins A2010-40 amdt 1.26\nam A2025-29 amdt 2.7\ndef National Electricity (ACT) Law ins A2011-52 amdt 2.1\ndef National Electricity (ACT) Regulation ins A2011-52\namdt 2.1\ndef National Energy Retail Law (ACT) ins A2012-32 s 64\ndef National Energy Retail Regulation (ACT) ins A2012-32\ns 64\ndef National Gas (ACT) Law ins A2008-15 amdt 2.11\ndef National Gas (ACT) Regulation ins A2008-15 amdt 2.11\ndef national land reloc from IA A2001-56 amdt 2.16\ndef night reloc from IA A2001-56 amdt 2.16\ndef Northern Territory reloc from IA A2001-56 amdt 2.16\ndef notifiable instrument sub A2001-56 amdt 2.82\ndef notification sub A2001-56 amdt 2.82\nam A2004-42 amdt 2.40; A2006-42 amdt 2.18\ndef notification day sub A2001-56 amdt 2.82\ndef NSW Act reloc from IA A2001-56 amdt 2.16\ndef NSW correctional centre ins A2006-23 amdt 1.217\ndef number reloc from IA A2001-56 amdt 2.16\ndef nurse reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 6.7; A2010-10 amdt 2.75\nam A2025-29 amdt 2.8, amdt 2.9\n\ndef nurse practitioner ins A2004-10 s 6\nsub A2004-39 amdt 6.8; A2010-10 amdt 2.76\ndef oath reloc from IA A2001-56 amdt 2.16\nsub A2005-53 amdt 1.96\nam A2011-48 amdt 1.37\ndef occupational discipline order ins A2008-36 amdt 1.411\ndef occupy ins A2001-56 amdt 2.82\nsub A2005-20 amdt 2.126\ndef office reloc from IA A2001-56 amdt 2.16\ndef office of fair trading reloc from IA A2001-56 amdt 2.16\nsub A2005-20 amdt 2.127\nom A2010-54 amdt 3.40\ndef Office of the Legislative Assembly ins A2012-26\namdt 1.32\ndef officer of the Assembly ins A2013-41 amdt 1.27\nam A2018-52 amdt 1.91; pars renum R116 LA\ndef official visitor ins A2012-33 amdt 1.37\ndef OH&S commissioner ins A2003-41 amdt 2.40\nom A2009-28 amdt 2.21\ndef ombudsman reloc from IA A2001-56 amdt 2.16\ndef omit ins A2001-56 amdt 2.82\ndef optometrist ins A2005-9 amdt 1.2\nnote exp 9 January 2007 (see the Health Professionals\nAct 2004 s 136 (1) (h)) (s 303 (2))\nsub A2010-10 amdt 2.77\ndef ordinance reloc from IA A2001-56 amdt 2.16\ndef parent ins A2004-1 amdt 1.22\ndef parliamentary counsel sub A2001-56 amdt 2.82\ndef passing sub A2001-56 amdt 2.82\ndef penalty unit ins A2001-56 amdt 2.82\ndef person ins A2001-56 amdt 2.82\nsub A2009-20 amdt 2.11\ndef pharmacist reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 8.2; A2010-10 amdt 2.78\ndef planning and land authority ins A2002-56 amdt 3.47\nsub A2005-20 amdt 2.128; A2007-25 amdt 1.98\nom A2023-36 amdt 1.239\ndef planning and land council ins A2002-56 amdt 3.46\nsub A2005-20 amdt 2.129\nom A2006-30 amdt 1.70\ndef planning authority reloc from IA A2001-56 amdt 2.16\nom A2002-56 amdt 3.47\ndef police officer reloc from IA A2001-56 amdt 2.16\ndef position reloc from IA A2001-56 amdt 2.16\ndef power reloc from IA A2001-56 amdt 2.16\ndef prescribed reloc from IA A2001-56 amdt 2.16\nam A2002-49 amdt 2.51; A2005-20 amdt 2.130\n\ndef present ins A2005-5 s 28\ndef privacy commissioner reloc from IA A2001-56 amdt 2.16\nom A2014-49 amdt 1.27\ndef proceeding reloc from IA A2001-56 amdt 2.16\ndef property reloc from IA A2001-56 amdt 2.16\ndef provision sub A2001-56 amdt 2.82\ndef public advocate ins A2005-47 amdt 1.13\nam A2016-13 amdt 1.92\ndef public employee reloc from IA A2001-56 amdt 2.16\nsub A2016-52 amdt 1.120\ndef public health officer reloc from IA A2001-56 amdt 2.16\nsub A2005-20 amdt 2.131\ndef public holiday ins A2011-28 amdt 2.22\ndef public money reloc from IA A2001-56 amdt 2.16\ndef public notice ins A2015-33 amdt 1.140\ndef public sector body ins A2016-52 amdt 1.121\nsub A2025-29 amdt 2.10\ndef public sector member ins A2016-52 amdt 1.121\ndef public sector standards commissioner ins A2016-52\namdt 1.121\ndef public servant reloc from IA A2001-56 amdt 2.16\ndef public service reloc from IA A2001-56 amdt 2.16\ndef public trustee reloc from IA A2001-56 amdt 2.16\nom A2016-13 amdt 1.93\ndef public trustee and guardian ins A2016-13 amdt 1.94\ndef quarter ins A2002-30 amdt 2.8\ndef Rail Safety National Law (ACT) ins A2017-21 amdt 1.25\ndef recognised transgender person ins A2003-14 s 5\ndef registered surveyor reloc from IA A2001-56 amdt 2.16\nam A2007-33 amdt 1.11\ndef registrable instrument sub A2001-56 amdt 2.82\nom A2006-42 amdt 2.17\ndef registrar reloc from IA A2001-56 amdt 2.16\ndef registrar-general reloc from IA A2001-56 amdt 2.16\ndef registrar of firearms reloc from IA A2001-56 amdt 2.16\ndef registrar of liquor licences reloc from IA A2001-56\nom A2009-20 amdt 2.12\ndef regulations reloc from IA A2001-56 amdt 2.16\nom A2005-20 amdt 2.132\ndef regulation ins A2005-20 amdt 2.132\ndef remand centre ins A2002-30 amdt 2.8\nom A2006-23 amdt 1.218\ndef remand centre administrator ins A2002-30 amdt 2.8\nom A2006-23 amdt 1.218\ndef remuneration tribunal reloc from IA A2001-56 amdt 2.16\n\ndef repeal sub A2001-56 amdt 2.82\npars renum A2002-11 amdt 1.147\nam A2002-11 amdt 1.148; A2004-42 amdts 2.41-2.43;\npars renum R27 LA (see A2004-42 amdt 2.44); A2005-20\namdt 2.133, amdt 2.134\ndef residential tenancies tribunal reloc from IA A2001-56\nom A2008-36 amdt 1.412\ndef resident judge ins A2004-42 amdt 2.45\ndef retrospectively reloc from dict, pt 2 A2005-20 amdt 2.148\ndef reviewable decision notice ins A2008-36 amdt 1.413\ndef road transport authority reloc from IA A2001-56\nam A2011-22 amdt 1.280; A2011-49 amdt 1.10\ndef rules reloc from IA A2001-56 amdt 2.16\nsub A2002-11 amdt 1.149\nam A2005-20 amdt 2.135\ndef rural firefighting service reloc from IA A2001-56\nom A2004-28 amdt 3.38\ndef rural fire service ins A2004-28 amdt 3.38\ndef see ins A2001-56 amdt 2.82\nom A2009-20 amdt 2.13\ndef Self-Government Act reloc from IA A2001-56 amdt 2.16\ndef self-government day reloc from IA A2001-56 amdt 2.16\ndef sentence administration board ins A2002-30 amdt 2.8\nsub A2006-23 amdt 1.219\ndef SES ins A2004-28 amdt 3.39\ndef sign reloc from IA A2001-56 amdt 2.16\ndef signpost definition ins A2009-20 amdt 2.14\ndef sitting day reloc from IA A2001-56 amdt 2.16\nsub A2009-20 amdt 2.15\ndef Small Claims Court reloc from IA A2001-56 amdt 2.16\nsub A2004-60 amdt 1.178\nom A2008-36 amdt 1.414\ndef solicitor reloc from IA A2001-56 amdt 2.16\ndef solicitor-general ins A2011-30 amdt 1.10\ndef Speaker reloc from IA A2001-56 amdt 2.16\ndef spouse ins A2013-39 amdt 2.38 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55))\ndef Standards Australia reloc from IA A2001-56 amdt 2.16\nam A2013-44 amdt 2.1\ndef State reloc from IA A2001-56 amdt 2.16\ndef statutory declaration reloc from IA A2001-56 amdt 2.16\ndef statutory instrument sub A2001-56 amdt 2.82\n\ndef statutory office-holder ins A2001-56 amdt 2.82\nsub A2002-11 amdt 1.150\ndef subordinate law sub A2001-56 amdt 2.82\ndef suburban land agency ins A2017-12 amdt 1.5\ndef summary offence ins A2001-56 amdt 2.82\nsub A2002-11 amdt 1.151; A2003-56 amdt 2.67\ndef Supreme Court reloc from IA A2001-56 amdt 2.16\ndef surveyor-general ins A2010-6 amdt 1.11\ndef swear reloc from IA A2001-56 amdt 2.16\nsub A2005-53 amdt 1.97\ndef take ins A2005-53 amdt 1.98\ndef tenancy tribunal reloc from IA A2001-56 amdt 2.16\nom A2002-49 amdt 2.52\ndef territory authority reloc from IA A2001-56 amdt 2.16\nsub A2003-41 amdt 2.41; A2008-28 amdt 2.1\ndef territory instrumentality ins A2001-56 amdt 2.82\nam A2007-3 amdt 2.4; A2016-52 amdt 1.122\ndef territory land reloc from IA A2001-56 amdt 2.16\ndef territory law ins A2005-62 amdt 2.18\ndef territory lease ins A2007-25 amdt 1.99\nam A2015-19 s 74; A2020-4 s 44\nsub A2023-36 amdt 1.240\ndef territory-owned corporation reloc from IA A2001-56\nsub A2025-29 amdt 2.11\ndef territory plan reloc from IA A2001-56 amdt 2.16\nam A2002-49 amdt 2.53\nsub A2007-25 amdt 1.100; A2023-36 amdt 1.240\ndef territory planning authority ins A2023-36 amdt 1.241\ndef the Territory ins A2001-56 amdt 2.82\ndef transgender person ins A2003-14 s 5\ndef transitional reloc from IA A2001-56 amdt 2.16\nsub A2005-20 amdt 2.136\ndef Treasurer ins A2001-56 amdt 2.82\ndef tribunal sub A2001-56 amdt 2.82\ndef UK Act reloc from IA A2001-56 amdt 2.16\ndef under ins A2001-52 amdt 2.82\nsub A2002-30 amdt 2.9\nam A2005-20 amdt 2.137, amdt 2.138\ndef United Kingdom reloc from IA A2001-56 amdt 2.16\ndef United Kingdom Parliament reloc from IA A2001-56\ndef veterinary practitioner ins A2018-32 amdt 3.27\ndef veterinary surgeon reloc from IA A2001-56 amdt 2.16\nsub A2004-39 amdt 11A.1 (as am by A2005-28 amdt 1.61)\nam A2015-29 amdt 2.62\nom A2018-32 amdt 3.28\n\ndef victims of crime commissioner ins A2016-13 amdt 1.95\ndef will ins A2001-56 amdt 2.82\ndef word reloc from IA A2001-56 amdt 2.16\ndef work health and safety commissioner ins A2019-38\namdt 1.12\ndef working day ins A2002-11 amdt 1.152\nsub A2003-56 amdt 2.68\nam A2011-28 amdt 2.23\ndef work safety commissioner ins A2009-28 amdt 2.22\nsub A2011-55 amdt 1.23; A2017-28 amdt 2.5\nom A2019-38 amdt 1.13\ndef writing reloc from IA A2001-56 amdt 2.16\ndef year reloc from IA A2001-56 amdt 2.16\nTerms for Legislation Act 2001 only\ndict pt 2 hdg sub A2003-56 amdt 2.69\ndict pt 2 note sub A2003-56 amdt 2.69\ndict pt 2 def Act ins A2003-41 amdt 2.42\ndef ACT law ins A2005-20 amdt 2.139\ndef administrator ins A2001-56 amdt 2.82\ndef agency ins A2001-56 amdt 2.82\ndef amend ins A2005-20 amdt 2.140\ndef another jurisdiction ins A2005-20 amdt 2.141\ndef appointee ins A2001-56 amdt 2.82\nam A2003-56 amdt 2.70\ndef appointer ins A2001-56 amdt 2.82\nam A2003-56 amdt 2.71\ndef approved website sub A2001-56 amdt 2.82\ndef authorised republication sub A2001-56 amdt 2.82\ndef authorising law sub A2001-56 amdt 2.82\ndef benefits sub A2001-56 amdt 2.82\ndef business address ins A2001-56 amdt 2.82\ndef corporation ins A2001-56 amdt 2.82\ndef costs sub A2001-56 amdt 2.82\ndef current legislative drafting practice sub A2001-56\ndef delegate ins A2001-56 amdt 2.82\ndef determinative provision ins A2002-11 amdt 1.153\ndef document ins A2001-56 amdt 2.82\ndef editorial amendment sub A2001-56 amdt 2.82\ndef email address ins A2001-56 amdt 2.82\ndef executive officer ins A2001-56 amdt 2.82\ndef fax number ins A2001-56 amdt 2.82\ndef fee sub A2001-56 amdt 2.82\ndef home address ins A2001-56 amdt 2.82\n\ndef law sub A2001-56 amdt 2.82\nam A2002-11 amdt 1.154; pars renum A2002-11\namdt 1.155; A2003-41 amdt 2.43; pars renum R20 LA\n(see A2003-41 amdt 2.44); A2005-20 amdt 2.142,\namdt 2.143; pars renum R34 LA (see A2005-20\namdt 2.144)\ndef law of another jurisdiction ins A2005-20 amdt 2.145\ndef legislative material ins A2003-41 amdt 2.45\ndef non-determinative provision ins A2002-11 amdt 1.156\ndef provide sub A2001-56 amdt 2.82\ndef referential term ins A2003-56 amdt 2.72\nreloc to s 116 (2) A2005-20 amdt 2.146\ndef referential words sub A2001-56 amdt 2.82\nom A2003-56 amdt 2.72\ndef register sub A2001-56 amdt 2.82\ndef repeal ins A2005-20 amdt 2.147\ndef republication sub A2001-56 amdt 2.82; A2003-41\namdt 2.46\ndef republication date sub A2001-56 amdt 2.82\ndef responsible ins A2001-56 amdt 2.82\ndef retrospectively ins A2003-56 amdt 2.73\nreloc to dict, pt 1 A2005-20 amdt 2.148\ndef scrutiny committee principles sub A2001-56 amdt 2.82\ndef service sub A2001-56 amdt 2.82\ndef working out the meaning of an Act ins A2003-41\namdt 2.47\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nR0A\n12 Sept 2001–\n12 Sept 2001\nA2001-56 amendments by\nA2001-44, A2001-56\nand retrospective\n13 Sept 2001–\nSL2001-34 modification by\nSL2001-34\nR1 (RI)\n17 Sept 2001\n13 Sept 2001–\nSL2001-34 reissue for\n14 Sept 2001\n14 Sept 2001–\n20 Feb 2002\nA2001-70 amendments by\nA2001-70\nR2 (RI)\n14 Sept 2001–\n20 Feb 2002\nA2001-70 reissue for\n21 Feb 2002\n21 Feb 2002–\n12 Mar 2002\nA2001-88 changed endnotes\nand editorial\nchanges\nR3 (RI)\n21 Feb 2002–\n12 Mar 2002\nA2001-88 reissue for\n13 Mar 2002\n13 Mar 2002–\nA2001-88 commenced expiry\n\nR4 (RI)\n13 Mar 2002–\nA2001-88 reissue for\nR5*\n28 May 2002–\nA2002-11 amendments by\nA2002-11\nR5 (RI)\n28 May 2002–\nA2002-11 reissue for\n1 July 2002–\n12 Sept 2002\nA2002-11 amendments by\nA2001-88\nR6 (RI)\n1 July 2002–\n12 Sept 2002\nA2002-11 reissue for\n13 Sept 2002–\nA2002-27 commenced expiry\nR7 (RI)\n13 Sept 2002–\nA2002-27 reissue for\n14 Sept 2002\n14 Sept 2002–\n16 Sept 2002\nA2002-27 commenced expiry\nR8 (RI)\n14 Sept 2002–\n16 Sept 2002\nA2002-27 reissue for\n17 Sept 2002–\n6 Oct 2002\nA2002-30 amendments by\n7 Oct 2002\n7 Oct 2002–\n31 Oct 2002\nA2002-30 amendments by\nA2002-27\n1 Nov 2002\n1 Nov 2002–\n31 Dec 2002\nA2002-40 amendments by\nA2002-40\n1 Jan 2003\n1 Jan 2003–\n16 Jan 2003\nA2002-56 amendments by\nA2002-51\n\n17 Jan 2003\n17 Jan 2003–\n27 Mar 2003\nA2002-56 amendments by\nA2002-49\n28 Mar 2003\n28 Mar 2003–\n9 Apr 2003\nA2003-14 amendments by\nA2003-14\n10 Apr 2003\n10 Apr 2003–\nA2003-18 amendments by\nA2003-18\n29 May 2003–\nA2003-18 commenced expiry\n1 July 2003–\n2 Sept 2003\nA2003-18 amendments by\nA2002-56\n3 Sept 2003\n3 Sept 2003–\n12 Sept 2003\nA2003-18 commenced expiry\n13 Sept 2003\n13 Sept 2003–\n8 Oct 2003\nA2003-41 commenced expiry\nR20*\n9 Oct 2003\n9 Oct 2003–\n18 Dec 2003\nA2003-41 amendments by\nA2003-16 and\nA2003-41\n19 Dec 2003\n19 Dec 2003–\n21 Mar 2004\nA2003-56 amendments by\nA2003-56\n22 Mar 2004\n22 Mar 2004–\n4 Apr 2004\nA2004-10 amendments by\nA2004-1\n5 Apr 2004\n5 Apr 2004–\nA2004-10 amendments by\nA2004-7\n27 May 2004–\nA2004-17 amendments by\nA2004-10\n1 July 2004–\nA2004-28 amendments by\nA2004-5 and\nA2004-28\n13 July 2004–\n24 Aug 2004\nA2004-32 amendments by\nA2004-32\n25 Aug 2004\n25 Aug 2004–\n31 Aug 2004\nA2004-42 amendments by\nA2004-42\n1 Sept 2004\n1 Sept 2004–\n12 Sept 2004\nA2004-42 amendments by\nA2004-13\n\n13 Sept 2004\n13 Sept 2004–\n22 Dec 2004\nA2004-42 commenced expiry\nR29A\n23 Dec 2004\n23 Dec 2004–\n31 Dec 2004\nA2004-42 commenced expiry\nR30 (RI)\n5 Jan 2005\n1 Jan 2005–\n9 Jan 2005\nA2004-60 amendments by\nA2004-17\nreissue for\ncommenced expiry\n10 Jan 2005\n10 Jan 2005–\n23 Feb 2005\nA2004-60 amendments by\nA2004-60\n24 Feb 2005\n24 Feb 2005–\n8 Mar 2005\nA2005-5 amendments by\nA2005-5\n9 Mar 2005\n9 Mar 2005–\nA2005-5 amendments by\nA2004-57\nR34*\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n7 July 2005–\n7 Sept 2005\nA2005-20 amendments by\nA2004-39 as am by\nA2005-28\n8 Sept 2005\n8 Sept 2005–\n13 Sept 2005\nA2005-47 amendments by\nA2005-44\n14 Sept 2005\n13 Sept 2005–\n22 Nov 2005\nA2005-47 amendments by\nA2005-9\n23 Nov 2005\n23 Nov 2005–\n10 Jan 2006\nA2005-53 amendments by\nA2005-53\n11 Jan 2006\n11 Jan 2006–\n16 Jan 2006\nA2005-62 amendments by\nA2005-62\n17 Jan 2006\n17 Jan 2006–\n22 Feb 2006\nA2005-62 amendments by\nA2004-39\n23 Feb 2006\n23 Feb 2006–\n28 Feb 2006\nA2006-3 updated endnotes as\n\n1 Mar 2006\n1 Mar 2006–\nA2006-3 amendments by\nA2005-47 as\n2 June 2006–\nA2006-23 amendments by\nA2006-23\n16 June 2006–\nA2006-23 updated endnotes as\nA2006-27\n1 July 2006–\n31 Oct 2006\nA2006-30 amendments by\nA2006-25 and\nA2006-30\n1 Nov 2006\n1 Nov 2006–\n15 Nov 2006\nA2006-42 amendments by\nA2005-41 and\nA2005-46 as\n16 Nov 2006\n16 Nov 2006–\n17 Nov 2006\nA2006-42 amendments by\nA2006-42\n18 Nov 2006\n18 Nov 2006–\n8 Jan 2007\nA2006-46 amendments by\nA2006-46\n9 Jan 2007\n9 Jan 2007–\n9 Jan 2007\nA2006-46 amendments by\nA2004-39\n10 Jan 2007\n10 Jan 2007–\n11 Jan 2007\nA2006-46 commenced expiry\nR51*\n12 Jan 2007\n12 Jan 2007–\n27 Mar 2007\nA2006-46 commenced expiry\n28 Mar 2007\n28 Mar 2007–\n11 Apr 2007\nA2007-3 amendments by\nA2006-38\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n11 July 2007–\n9 Nov 2007\nA2007-16 amendments by\nA2007-16\n10 Nov 2007\n10 Nov 2007–\n13 Nov 2007\nA2007-8\n\n14 Nov 2007\n14 Nov 2007–\n30 Mar 2008\nA2007-33\n31 Mar 2008\n31 Mar 2008–\nA2007-25\n19 May 2008–\nA2008-14 amendments by\nA2008-14\n1 July 2008–\n25 Aug 2008\nA2008-15 amendments by\nA2008-15\n26 Aug 2008\n26 Aug 2008–\n8 Sept 2008\nA2008-28 amendments by\nA2008-28\n9 Sept 2008\n9 Sept 2008–\n1 Feb 2009\nA2008-20\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-36 and\nA2008-37\n27 Feb 2009\n27 Feb 2009–\nA2008-20\n30 May 2009–\n21 Sept 2009\nA2008-44\n22 Sept 2009\n22 Sept 2009–\n30 Sept 2009\nA2009-28 amendments by\nA2009-20\n1 Oct 2009\n1 Oct 2009–\n20 Oct 2009\nA2009-28 amendments by\nA2009-28\n21 Oct 2009\n21 Oct 2009–\n16 Dec 2009\nA2009-35 amendments by\nA2009-35\n17 Dec 2009\n17 Dec 2009–\n2 Mar 2010\nA2009-50 amendments by\nA2009-49\n3 Mar 2010\n3 Mar 2010–\n21 Mar 2010\nA2010-6 amendments by\nA2010-6\n22 Mar 2010\n22 Mar 2010–\nA2010-6 amendments by\nA2009-39\n1 July 2010–\n5 Oct 2010\nA2010-10 amendments by\nA2009-50 and\nA2010-10\n\n6 Oct 2010\n6 Oct 2010–\n31 Dec 2010\nA2010-40 amendments by\nA2010-40\n1 Jan 2011\n1 Jan 2011–\nA2010-54 amendments by\nA2010-54\n1 July 2011–\n30 Aug 2011\nA2011-22 amendments by\nA2011-22\n31 Aug 2011\n31 Aug 2011–\n20 Sept 2011\nA2011-30 amendments by\nA2011-30\n21 Sept 2011\n21 Sept 2011–\n22 Nov 2011\nA2011-30 amendments by\nA2011-28\n23 Nov 2011\n23 Nov 2011–\n11 Dec 2011\nA2011-49 amendments by\nA2011-49\n12 Dec 2011\n12 Dec 2011–\n31 Dec 2011\nA2011-52 amendments by\nA2011-52\n1 Jan 2012\n1 Jan 2012–\n29 Feb 2012\nA2011-55 amendments by\nA2011-55\n1 Mar 2012\n1 Mar 2012–\nA2011-55 amendments by\nA2011-48\n29 May 2012–\nA2012-25 amendments by\nA2012-25\n5 June 2012–\nA2012-25 amendments by\nA2012-21\n1 July 2012–\n10 Sept 2012\nA2012-32 amendments by\nA2012-26 and\nA2012-32\n11 Sept 2012\n11 Sept 2012–\nA2012-40 amendments by\nA2012-40\n14 June 2013–\n22 Aug 2013\nA2013-19 amendments by\nA2013-19\n23 Aug 2013\n23 Aug 2013–\n31 Aug 2013\nA2013-30 amendments by\nA2013-30\n1 Sept 2013\n1 Sept 2013–\n6 Nov 2013\nA2013-30 amendments by\nA2012-33\n\n7 Nov 2013\nnever effective A2013-39\n(never\neffective)\nR88 (RI)\n7 Nov 2013–\n7 Nov 2013\n(never\neffective)\nreissue because of\n8 Nov 2013\nnever effective A2013-43 amendments by\nA2013-43\nR89 (RI)\n8 Nov 2013–\n24 Nov 2013\nA2013-43 reissue because of\n25 Nov 2013\nnever effective A2013-44 amendments by\nA2013-44\nR90 (RI)\n25 Nov 2013–\n9 Feb 2014\nA2013-44 reissue because of\n10 Feb 2014\nnever effective A2013-52 removed from LR\nbecause of High\nCourt decision in\nrelation to A2013-39\nR91 (RI)\n10 Feb 2014–\n25 Apr 2014\nA2013-52 reissue because of\n26 Apr 2014\n26 Apr 2014–\nA2014-8 amendments by\nA2014-8\n10 June 2014–\nA2014-18 amendments by\nA2014-18\n1 July 2014–\n22 Aug 2014\nA2014-18 amendments by\nA2013-41\n23 Aug 2014\n23 Aug 2014–\n16 Nov 2014\nA2014-37 amendments by\nA2014-37\n\n17 Nov 2014\n17 Nov 2014–\n18 Nov 2014\nA2014-49 amendments by\nA2014-49\n19 Nov 2014\n19 Nov 2014–\n20 Apr 2015\nA2014-49 amendments by\nA2014-44\n21 Apr 2015\n21 Apr 2015–\nA2015-10 amendments by\nA2015-10\n10 June 2015–\nA2015-15 amendments by\nA2015-15\n11 June 2015–\nA2015-15 amendments by\nA2014-59\n1 July 2015–\n13 Oct 2015\nA2015-19 amendments by\nA2014-55 and\nA2015-19\n14 Oct 2015\n14 Oct 2015–\n30 Nov 2015\nA2015-33 amendments by\nA2015-33\n1 Dec 2015\n1 Dec 2015–\n8 Dec 2015\nA2015-33 amendments by\nA2015-29\n9 Dec 2015\n9 Dec 2015–\n31 Mar 2016\nA2015-50 amendments by\nA2015-50\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n21 June 2016–\n31 Aug 2016\nA2016-33 amendments by\nA2016-33\n1 Sept 2016\n1 Sept 2016–\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n9 Mar 2017\n9 Mar 2017–\n30 Apr 2017\nA2017-4 amendments by\nA2017-4\n1 May 2017–\nA2017-8 amendments by\nA2017-8\n1 July 2017–\n14 Aug 2017\nA2017-12 amendments by\nA2017-12\n15 Aug 2017\n15 Aug 2017–\n10 Oct 2017\nA2017-21 amendments by\nA2017-21\n\n11 Oct 2017\n11 Oct 2017–\n25 Apr 2018\nA2017-28 amendments by\nA2017-28\n26 Apr 2018\n26 Apr 2018–\n7 Nov 2018\nA2018-9 amendments by\nA2018-9\n8 Nov 2018\n8 Nov 2018–\n20 Dec 2018\nA2018-40 amendments by\nA2018-40\n21 Dec 2018\n21 Dec 2018–\nA2018-40 amendments by\nA2018-32\n1 July 2019–\n29 Apr 2020\nA2019-18 amendments by\nA2018-52 as\nA2019-18\n30 Apr 2020\n30 Apr 2020–\nA2019-38 amendments by\nA2019-38\n1 June 2020–\n31 Oct 2020\nA2020-16 amendments by\nA2020-16\n1 Nov 2020\n1 Nov 2020–\n25 Feb 2021\nA2020-16 amendments by\nA2020-4\n26 Feb 2021\n26 Feb 2021–\nA2021-3 amendments by\nA2021-3\n23 June 2021–\n5 Apr 2022\nA2021-12 amendments by\nA2021-12\n6 Apr 2022\n6 Apr 2022–\n29 Sept 2023\nA2022-4 amendments by\nA2022-4\n30 Sept 2023\n30 Sept 2023–\n26 Nov 2023\nA2023-37 amendments by\nA2023-37\n27 Nov 2023\n27 Nov 2023–\n15 Nov 2025\nA2023-37 amendments by\nA2023-36\n16 Nov 2025\n16 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29","sortOrder":260}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act started with the declared purpose of improving access and restating the life‑cycle of legislation (s 3). Over time it has grown into a comprehensive governance statute that not only sets publication and interpretive rules but also prescribes detailed administrative mechanics across many government functions. Concrete scope expansions include: (a) detailed RIS procedures and an exemptions/disallowance regime (ch 5, ss 34–38); (b) a full fee-determination and statutory-capacity mechanism (pt 6.3, ss 56–58) that shifts cost‑allocation decisions to executive instruments; (c) an authoritative electronic register with presumptions of correctness and judicial notice (chs 2–3, ss 18–26); (d) an editorial republication regime that gives legal effect to textual changes on republication (pt 11.3, s 117); and (e) extensive operational rules for appointments, delegations, service and forms (pt 19). These additions mean the Act now governs many day‑to‑day administrative legal processes (who decides, how instruments are made and published, how fees are set and enforced), expanding it beyond a narrow accessibility statute into an omnibus statute of legislative and administrative procedure. The expansion concentrates procedural decision‑making (eg in Ministers and Parliamentary Counsel) while leaving many compliance and operational costs with agencies, regulated persons and the public (see ss 56–58; ss 18–22; pt 19)."},"complexity_factors":["Length and density: the Act is long (300+ sections plus a large dictionary and schedule) and covers the full legislative lifecycle (making, notification, commencement, interpretation, republication, amendment, repeal).","Extensive definitions: dictionary spans two parts with approximately 220–240 defined terms used across the Act and other ACT laws (dict, pt 1 & pt 2).","Cross-references and layering: heavy cross-referencing between chapters (eg chs 3, 5, 6, 7, 8, 11 and 19) and repeated cross‑references to authorising laws, instruments and external jurisdictions (ss 6, 17, 47, 102).","Determinative provisions: many sections are explicitly labelled determinative (eg s 6; ss 42, 43, 44, 46; ss 59, 61–63; ss 64–71; s 79; s 81; s 89; s 95; s 116; s 117; s 133). Those raise the bar for displacement and add conditional interpretation complexity.","Conditional and temporal logic: multiple commencement regimes and exceptions (ss 73–81, 75A–75B, 77–79A) create nested temporal conditions and special cases.","Instrument taxonomy and procedural steps: detailed rules on different instrument types (Acts, subordinate laws, disallowable and notifiable instruments, commencement notices, legislative instruments) and distinct notification/presentation/disallowance processes (chs 6–7, ss 59–69).","Editorial republication power with legal effect: editorial amendments authorised for republication (pt 11.3) are subject to limits yet produce legal effect on republication (s 117), adding interpretive risk.","Inter-jurisdictional adoption rules: rules that allow instruments to apply laws of other jurisdictions as in force (s 47) introduce dependence on external law changes and complex tracking obligations.","Exceptions and non‑invalidating procedural failures: the Act creates many procedural requirements but also often limits remedies (eg RIS non-compliance does not invalidate instruments—s 38), which complicates assessments of legal consequence.","Numerous low-level operational rules: detailed rules on service of documents (pt 19.5), forms (s 255), fees (pt 6.3), appointments and delegations (pt 19.3–19.4) increase administrative complexity."],"plain_english_summary":"**What this law does (short version)**\n\n- The Legislation Act 2001 is the machinery Act that governs how Acts and subordinate/statutory instruments for the ACT are made, published, commenced, interpreted, amended and kept available. (See s 3 (objects); chs 6–9; ch 11.)\n\n- It sets up and runs the official electronic register and approved website for ACT legislation and gives the Parliamentary Counsel powers and duties to publish, correct and authorise versions of laws (s 18–22; s 23–26).  Authorised electronic and printed versions are presumed to be correct and may be used as evidence in court (s 24–26).\n\n- It defines the different kinds of instruments (Acts, subordinate laws, disallowable and notifiable instruments, commencement notices and legislative instruments) and prescribes how they are notified, numbered, presented to the Assembly, and (where applicable) disallowed or amended by the Assembly (ss 7–15; ss 59–69; ch 4; ch 7).\n\n- It prescribes rules about commencement (when a law or instrument starts to operate), including postponed and retrospective commencements, and it allows certain preparatory acts to be done before commencement (ss 72–81).  It also contains detailed rules on when amendments or repeals take effect and savings for transitional provisions (ch 9).\n\n- It requires regulatory impact statements (RIS) for proposed subordinate laws or disallowable instruments that impose appreciable costs, sets minimum RIS content, and creates an exemption mechanism (ch 5, ss 34–38).  Importantly, failure to prepare a RIS does not invalidate the law (s 38).\n\n- It gives clear rules for making statutory instruments: scope of delegated power, how instruments can apply or adopt other jurisdictions' laws, what instruments may contain (eg prohibitions, fees, maps or determinations) and how fees may be determined and collected (ch 6; ss 42–58).\n\n- It prescribes administrative mechanics used across the statute book: appointments and acting appointments, delegations and sub‑delegations, service of documents (including electronic service), forms and records, and duties of Ministers and the Executive (pt 19.3–19.7; ss 230–257).\n\n- It contains interpretive aids and drafting rules: statutory definitions, signpost definitions, rules about penalties, time computation, use of examples and notes, treatment of gender/number, preservation of some common law privileges (chs 13–15; s 170–171; s 133 on penalty units).\n\n**Who is affected**\n\n- The Parliamentary Counsel's Office (must maintain the register, authorise republications and may make editorial changes) (ss 18–26; pt 11.3).\n- ACT Ministers and the Executive (powers to make or approve many instruments, determine fees, make appointments and delegations) (ch 6; pt 19.6; pt 6.3).\n- Public sector agencies and statutory bodies (rules on delegations, appointments, service, forms, and publication apply to their processes) (pt 19).\n- Businesses and members of the public who rely on ACT legislation (access to authorised electronic versions, fee regimes, RIS obligations, service rules, and commencement rules affect how they interact with laws and administrative processes) (ss 22; ch 5; pt 6.3; pt 19.5).\n- Courts, tribunals and legal practitioners (the Act sets presumptions about authorised versions, judicial notice, and interpretive aids used in construing laws) (ss 24–26; ch 14).\n\n**Why it matters (mechanically and practically)**\n\n- Centralises the official source of law: the parliamentary counsel-run electronic register is the authoritative place to access ACT laws, and authorised electronic/written copies are presumed correct (ss 18–26). That reduces uncertainty about which text is current and shifts practical reliance to online authorised versions.\n\n- Changes how delegated law operates: detailed rules on what instruments may do (apply other laws, set fees, make determinations) and how they must be notified, numbered and presented mean agencies must follow precise steps before instruments are enforceable (ss 42–59; s 61–62). Notably, a legislative instrument that is not notified is not enforceable (s 62).\n\n- Introduces procedural checks: RIS requirements (ss 34–37) and Assembly scrutiny (presentation, disallowance and amendment—ch 7) create deliberative steps before subordinate law takes effect, but the Act also limits the remedies for non-compliance (eg s 38 says failure to prepare a RIS does not invalidate the law).\n\n- Gives the Parliamentary Counsel scope to tidy and republish laws: editorial amendments authorised for republication (pt 11.3, ss 114–118) allow the statute book to be modernised in language and form; those changes are given legal effect on the republication date (s 117) but the Act also forbids editorial changes that change substantive effect (s 115).\n\n**Where the money / costs sit and who decides**\n\n- The Territory (through Ministers) can shift costs to users via fee determinations made as disallowable instruments (ss 56–58). A fee determination may specify who pays, who receives the fee, exemptions and payment timing (s 56(5)). If a fee is unpaid, service may be withheld (s 57(3)).\n\n- Parliamentary Counsel pays the operational cost of running the register and approved website (s 18–22), but the Territory funds the systems; access on approved website must be provided without charge by the Territory (s 22(2)).\n\n- Agencies and Ministers pay compliance costs to prepare RISs, explanatory statements, and to observe notification/presentation rules. Failure to comply with procedural requirements (for example, RIS) generally does not invalidate the instrument (s 38), but non-notification makes an instrument unenforceable (s 62), which is a high operational risk.\n\n**Practical trade-offs, incentives and implementation risks**\n\n- Benefit: Centralised authorised electronic publication increases legal accessibility and reduces reliance on printed copies (s 18–26).  Cost: the Territory must fund and operate the register and ensure reliability and authentication measures (ss 20–22).\n\n- Benefit: Editorial republication powers (pt 11.3) let the statute book be modernised without frequent amending Acts; they speed clarity and consistency.  Risk: editorial changes have legal effect on republication (s 117); Parliament limits this by forbidding changes that alter effect (s 115), but the mechanism concentrates discretionary power in Parliamentary Counsel and must be applied carefully.\n\n- Benefit: RIS rules (ch 5) impose cost–benefit discipline on subordinate law likely to impose appreciable costs.  Trade-off: preparing a RIS is a compliance and resource burden for agencies; the Act mitigates by allowing exemptions (s 34(2)) and by making non-compliance not invalidate the law (s 38), which reduces legal remedies for affected parties.\n\n- Benefit: Clear fee-making rules (pt 6.3) standardise how fees are set and administered.  Trade-off: fee determinations shift cost burdens to specific users; those are disallowable instruments (ss 56–57), so they are subject to Assembly disallowance but can be made by Ministers—concentrated benefit to the Territory, diffuse cost across fee‑payers.\n\n- Risk area: notification and presentation technicalities have real consequences. A legislative instrument must be notified to be enforceable (s 62). Agencies must therefore watch timing and procedural steps (ss 59–61, s 64).\n\n- Delegation and appointment rules formalise administrative practice (pt 19.3–19.4). They reduce legal doubt about validity of delegations/appointments (eg s 232 requires delegations in writing; s 241 preserves delegations despite appointer changes) but raise governance issues about oversight and accountability.\n\n**Concrete behaviour changes the Act causes**\n\n- Parliamentary Counsel and agencies must prioritise registering and authorising versions and keeping the approved website up to date (ss 18–22).\n- Ministers and agencies will increasingly use electronic service, electronic authorised versions and the register as the primary legal source (s 24; pt 19.5).\n- When drafting delegated instruments agencies must plan for RIS (if costs are appreciable), notification, presentation to the Assembly and the risk of disallowance (ch 5; ch 6; ch 7).\n- Agencies and applicants need robust processes for paying and collecting fees (pt 6.3) and for complying with new time‑calculation rules (s 151 and s 151A).\n\n**Key sections to read first**\n\n- Purpose and application: s 3 (objects), s 4 (application of Act).\n- Register and authorised versions: ss 18–26.\n- Making and notification of instruments: ch 6 (esp. ss 42–47, 59–62) and ch 7 (presentation, disallowance ss 64–71).\n- RIS rules: ch 5 (ss 34–38).\n- Editorial republication powers and legal effect: pt 11.3 (ss 114–118).\n- Administrative mechanics: pt 19 (appointments, delegations, service of documents ss 230–256).\n\nThis summary describes the Act’s mechanical operation and practical effects; it deliberately separates the Act’s stated policy aims (eg improving accessibility—s 3) from the mechanics by which those aims are implemented and the trade-offs the mechanics create (procedural burden, governance concentration, substitution from printed to electronic sources)."},"kimi_summary":{"_metrics":{"completionTokens":752},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of making legislation more accessible and restating the law dealing with the 'life cycle' of legislation. The 2026 republication (No 126) reflects ongoing amendments to keep the Act current but does not represent a significant expansion beyond its original scope as a legislative machinery and interpretation statute."},"complexity_factors":["20 chapters covering distinct operational areas (legislation register, authorised versions, regulatory impact statements, commencement, repeal, interpretation, administrative provisions)","Two-tier dictionary system: Part 1 defines terms for all ACT legislation; Part 2 defines terms specific to this Act","Extensive cross-referencing between sections and chapters (e.g., s 6 on displacement requires understanding of s 5 on determinative provisions)","Multiple categories of legislative instruments with different notification and disallowance requirements (subordinate laws, disallowable instruments, notifiable instruments, commencement notices)","Conditional logic throughout: determinative vs non-determinative provisions (s 5-6), retrospective commencement rules (s 75A-76), automatic repeal triggers (s 89)","Nested exceptions in Part 19.3 (Appointments) with divisions for general appointments, acting appointments, standing acting arrangements, and Assembly consultation requirements","Detailed prescription of administrative processes (e.g., s 247-252 on service of documents with 5 methods for individuals, 5 for corporations, 5 for agencies)","Interaction with Commonwealth and other jurisdictions' laws (Schedule 1, Ch 10, s 47 on applying external laws)"],"plain_english_summary":"The Legislation Act 2001 is the ACT’s rulebook for making, publishing, interpreting and managing laws. It ensures laws are accessible and officially authorised, sets how and when laws commence, provides interpretive and administrative rules, and allows republishing for editorial updates.\n\nIt binds everyone in the Territory—Parliament, government, courts, public servants and the public—so laws are transparent, consistently applied and subject to democratic oversight."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/legislation-act","history":"/api/acts/legislation-act/history","analysis":"/api/acts/legislation-act/analysis","conflicts":"/api/acts/legislation-act/conflicts","importantCases":"/api/acts/legislation-act/important-cases","documents":"/api/acts/legislation-act/documents"}}