Legislation Act

4 Amendment history 249

5 Earlier republications 290

An Act about legislation

1 Name of Act This Act is the Legislation Act 2001.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of an Act usually defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act. However, in this Act the dictionary is divided into 2 parts. Note 2 Pt 1 defines terms commonly used in Acts (including this Act) and statutory instruments. For example, because of the definition ‘calendar month means one of the 12 months of the year.’, the term ‘calendar month’ has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155). Note 3 Pt 2 defines certain terms used in this Act. For example, the signpost definition ‘administrator, for part 19.5 (Service of documents)—see section 246.’ means that the term ‘administrator’ is defined in s 246 for this Act, pt 19.5. A definition in pt 2 applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 (1)).

2A Notes A note included in this Act is explanatory and is not part of this Act. Note See s 127 (1), (4) and (5) for the legal status of notes.

3 Objects (1) The main object of this Act is to make legislation more accessible. (2) This is to be achieved particularly by— (a) encouraging access to legislation through the internet, while maintaining access to printed legislation; and (b) restating the law dealing with the ‘life cycle’ of legislation, improving its structure and content, and simplifying its provisions where practicable; and (c) assisting users of legislation to find, read, understand and use legislation by— (i) facilitating the shortening and simplification of legislation; and (ii) promoting consistency in the form and language of legislation; and (iii) providing rules about the interpretation of legislation; and (iv) facilitating the updating and republication of legislation to ensure its ready availability. (3) For this section, the ‘life cycle’ of legislation includes the making (where relevant), notification, commencement, presentation and disallowance (where relevant), operation, interpretation, proof, republication, amendment and repeal of legislation and instruments made under legislation.

4 Application of Act (1) This Act applies to all Acts (including this Act) and statutory instruments. (2) In particular, Acts and statutory instruments are taken to be made on the basis that they will operate in conjunction with this Act. 1 An Act imposes an obligation and provides that people who ‘fail’ to carry out the obligation are liable to the penalty. The Act does not, however, define ‘fail’ or indicate that the word is used in a special way. In accordance with this Act, dictionary, pt 1 (see s 144), the word ‘fail’ includes ‘refuse’. In other words, a person who refuses to carry out the obligation will be subject to the penalty in the same way as someone who only neglects the obligation. In this case, the presence in an Act of a word that is defined in this Act attracts the operation of the definition in the dictionary. 2 The XYZ Act 2001 contains the following provision: The Minister may determine fees for this Act. Because the XYZ Act authorises a fee to be determined ‘for this Act’, this Act, s 56 applies and therefore the provisions of pt 6.3 (Making of certain statutory instruments about fees) apply to the determination of fees under the provision. In this case, the operation of provisions of this Act is attracted because the XYZ Act 2001 contains a provision that triggers the application of the part. Note The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). 5 Determinative and non-determinative provisions (1) This Act consists of determinative and non-determinative provisions. (2) A determinative provision is a provision of this Act that is declared to be a determinative provision. Section 4 (3) provides that s 4 is a determinative provision.

(3) A non-determinative provision is any other provision of this Act. Section 3 does not contain a provision corresponding to s 4 (3). Therefore, s 3 is not a determinative provision.

6 Legislation Act provisions must be applied (1) A provision of this Act must be applied to an Act or statutory instrument, in accordance with the terms of the provision, except so far as it is displaced. (2) A determinative provision may be displaced expressly or by a manifest contrary intention. (3) A non-determinative provision may be displaced expressly or by a contrary intention. Note For the distinction between a ‘manifest contrary intention’ (see s (2)) and ‘contrary intention’ (see s (3)), see the examples in this section. (4) The declaration of a provision as ‘determinative’ indicates that it is the intention of the Legislative Assembly that, if the provision is to be displaced at all in a particular case, a more deliberate displacement is required than if the provision were a non-determinative provision. (5) This section applies despite any presumption or rule of interpretation. (6) A provision of this Act must not be taken to be displaced by a provision of an Act or statutory instrument so far as the provisions can operate concurrently. (7) In particular and without limiting subsection (6), a provision of this Act is not displaced by a provision of an Act or statutory instrument because the provisions deal with the same or a similar subject matter.

Examples—different kinds of displacement 1 Determinative provision—express displacement The Collections Regulation Act 1999 (hypothetical), s 83 contains the following provision: (2) The Legislation Act, section 47 (3) does not apply to a regulation under this Act. Section 83 (2) illustrates a provision expressly displacing this Act, s 47 (3), a determinative provision. 2 Determinative provision—manifest contrary intention The Motor Repairers Act 2001 (hypothetical) does not contain a provision like the Collections Regulation Act 1999, s 83, but s 79 contains the following provision: (3) A regulation may apply, adopt or incorporate an instrument or provision of an instrument as in force from time to time. Section 79 (3) illustrates a provision displacing this Act, s 47 (3), a determinative provision, by a manifest contrary intention because s 79 (3) clearly contradicts s 47 (3). 3 Non-determinative provision—contrary intention The master of a vessel is charged with contravening the Liquor Act 2001 (hypothetical), s 126 by selling liquor on or from ‘licensed premises’ otherwise than at a time authorised by the Act. It is claimed that the sale took place on the vessel. The Act defines ‘licensed premises’ to mean that part or those parts of a building or buildings and of the land adjoining it or them as defined by the licensing court. It is argued that the complaint is defective in that a vessel cannot be ‘licensed premises’. However, s 126 is expressed to apply to ‘a licensee, servant, agent or master who sells liquor on or from licensed premises’. In this case, the reference to ‘master’ indicates a contrary intention indicating that the section is intended to apply to liquor sold on or from vessels.

Example—concurrent operation (no displacement) The Small Clubs Act 2002 (hypothetical) contains the following provision about how notice of the club’s annual general meeting may be served on members of a registered small club:

60 Serving notice of annual general meeting The executive committee of a registered small club may serve notice of the annual general meeting of the club on members by pinning the notice to a noticeboard in the club house. This Act, s 247, a non-determinative provision, allows a document to be served on an individual under an Act in a number of ways (by giving the document to the individual, by sending it by prepaid post etc), but does not mention pinning the document to a noticeboard as a method of giving the notice. Section 247 is not displaced by the Small Clubs Act 2002, s 60, because— • s 60 does not expressly displace section 247 nor does it indicate a contrary intention (see s 6 (1) and (3)) and, in particular, s 60 does not indicate an intention that the method of service it authorises is to be the only method of serving notice of annual general meetings on members of small clubs; and • the application of s 247 is not displaced by any presumption or rule of interpretation (see s 6 (5)); and • s 60 and s 247 can operate concurrently (see s 6 (6)) by allowing complementary methods of service; and • the fact that s 60 and s 247 deal with the same (or a similar) subject matter does not of itself displace s 247 (see s 6 (7) and also s 6 (5)). It follows, therefore, that the executive committee is free to serve notice of the annual general meeting under s 60 or s 247.

7 Meaning of Act generally (1) An Act is an Act of the Legislative Assembly. (2) An Act of the Legislative Assembly is a law (however described or named) made by the Legislative Assembly under the Self-Government Act. (3) A reference to an Act includes a reference to a provision of an Act. Note 1 Section 17 deals with former Commonwealth enactments, and former NSW and UK Acts, that have become ACT Acts. Note 2 Section 100 (1) deals with references to particular Acts.

8 Meaning of subordinate law (1) A subordinate law is a regulation or rule (whether or not legislative in nature) made under— (b) another subordinate law; or (c) power given by an Act or subordinate law and also power given otherwise by law. (2) A reference to a subordinate law includes a reference to a provision of a subordinate law.

9 Meaning of disallowable instrument (1) A disallowable instrument is— (a) a statutory instrument (whether or not legislative in nature) that is declared to be a disallowable instrument by an Act, subordinate law or another disallowable instrument; or

Basic concepts Part 1.2 (b) a determination of fees or charges by a Minister under an Act or subordinate law. Note Statutory instrument is defined in s 13. (2) A reference to a disallowable instrument includes a reference to a provision of a disallowable instrument.

10 Meaning of notifiable instrument (1) A notifiable instrument is a statutory instrument (whether or not legislative in nature) that is declared to be a notifiable instrument by an Act, subordinate law, disallowable instrument or another notifiable (2) A reference to a notifiable instrument includes a reference to a provision of a notifiable instrument.

11 Meaning of commencement notice (1) A commencement notice is a statutory instrument that fixes or otherwise determines the commencement of an Act, subordinate law, disallowable instrument or notifiable instrument. (2) A reference to a commencement notice includes a reference to a provision of a commencement notice.

12 Meaning of legislative instrument (1) A legislative instrument is— (a) a subordinate law; or (b) a disallowable instrument; or (c) a notifiable instrument; or (d) a commencement notice. (2) A reference to a legislative instrument includes a reference to a provision of a legislative instrument.

13 Meaning of statutory instrument (1) A statutory instrument is an instrument (whether or not legislative in nature) made under— (b) another statutory instrument; or (c) power given by an Act or statutory instrument and also power given otherwise by law. (2) A statutory instrument includes a subordinate law, disallowable instrument, notifiable instrument and commencement notice. (3) A reference to a statutory instrument includes a reference to a provision of a statutory instrument.

14 Meaning of instrument (1) An instrument is any writing or other document. Note Writing is defined in the dictionary, pt 1. (2) A reference to an instrument includes a reference to a provision of an

15 Meaning of authorised republication (1) An authorised republication is a republication of a law authorised by the parliamentary counsel under this Act. (2) A reference to an authorised republication includes a reference to a provision of an authorised republication. law—see section 107 (Definitions—ch 11).

Basic concepts Part 1.2

16 Meaning of provision A provision of an Act or instrument is any words or anything else that forms part of the Act or instrument. Examples—provisions consisting of groups of words sections, subsections, paragraphs, subparagraphs, sub-subparagraphs, examples Examples—provisions consisting of groups of other provisions chapters, parts, divisions, subdivisions, schedules Note See s 126 and s 127 for material that is, or is not, part of an Act or

Notes on sources of law Note 1 The laws in force in the ACT consist of the written law and various unwritten laws known as the principles and rules of common law and equity. Note 2 The written law of the Territory consists primarily of laws, known as Acts, made by the Legislative Assembly. It also includes regulations, rules of court and other legislative instruments made under specific powers given by Acts. (Written laws made under an Act are commonly called ‘subordinate’ or ‘delegated’ legislation.) Note 3 Before self-government, ordinances made by the Governor-General under the Seat of Government (Administration) Act 1910 (Cwlth) were the main form of legislation made for the ACT. Most of the ordinances in force at self-government have been converted into Acts (see the Self-Government Act, s 34). However, the Governor-General has power to make ordinances for the ACT on a limited number of topics (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Note 4 The written laws in force in the ACT also include the Commonwealth Constitution, Commonwealth Acts, and regulations and other legislative instruments made under Commonwealth Acts. As a general rule, Commonwealth Acts and legislative instruments apply in the ACT in the same way as they apply in other parts of Australia. Commonwealth Acts and instruments prevail over the Acts made by the Legislative Assembly to the extent to which they are inconsistent (see Self-Government Act, s 28). Note 5 Certain Acts of New South Wales and the United Kingdom also formed part of the written laws in force in the ACT. Because of the Interpretation Act 1967, s 65, these are now taken to be laws made by the Legislative Assembly as if they had been enacted by the Assembly. (Section 65 has expired, but its previous operation was saved–see s 65 (3)). These Acts are listed in sch 1.

Sources of law in the ACT Part 1.3

17 References to Acts include references to former Cwlth enactments etc (1) A reference to an Act includes a reference to a former Commonwealth enactment. (2) Without limiting subsection (1), a reference to an Act includes a reference to a former NSW Act or former UK Act mentioned in schedule 1. former Commonwealth enactment means a Commonwealth Act or ordinance, a New South Wales Act or Imperial Act that is— (a) an enactment within the meaning of the Self-Government Act because of that Act, section 34; or (b) an enactment because of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 10 (3) or section 12 (2) or (3).

Chapter 2 ACT legislation register and website

18 ACT legislation register (1) The parliamentary counsel must establish and maintain a register of Acts and statutory instruments (the ACT legislation register). (2) The register must be kept electronically.

19 Contents of register (1) The ACT legislation register must contain the following: (a) authorised republications of laws currently in force; (b) Acts as made; (c) subordinate laws as made; (d) disallowable instruments as made; (e) notifiable instruments as made; (f) commencement notices as made; (g) resolutions passed, or taken to have been passed, by the Legislative Assembly to disallow a subordinate law or disallowable instrument; (h) resolutions passed, or taken to have been passed, by the Legislative Assembly to amend a subordinate law or disallowable instrument; (i) bills presented to the Legislative Assembly; (j) explanatory statements for bills, and amendments of bills, presented to the Legislative Assembly;

ACT legislation register and website Chapter 2 (k) explanatory statements, and regulatory impact statements under chapter 5, for subordinate laws and disallowable instruments. (2) The ACT legislation register must also contain the following: (a) notifications of the making of Acts; (b) notifications of the making of subordinate laws; (c) notifications of the making of disallowable instruments; (d) notifications of the making of notifiable instruments; (e) notifications of the making of commencement notices; (f) notifications of the disallowance of subordinate laws or disallowable instruments under section 65 (Disallowance by resolution of Assembly); (g) notifications of the amendment of subordinate laws or disallowable instruments under section 68 (Amendment by (3) The parliamentary counsel may enter additional material in the register if the parliamentary counsel considers that it is likely to be useful to users of the register. (4) Without limiting subsection (3), the additional material may include the following: (a) unauthorised republications of laws currently in force; (b) past versions of unauthorised republications; (c) past versions of authorised republications; (d) statutory instruments that are not legislative instruments; (e) repealed Acts and statutory instruments; (f) Commonwealth laws that apply in or in relation to the ACT;

(g) material relevant to interpreting the rights set out in the Human Rights Act 2004, including documents mentioned in that Act, dictionary, definition of international law. (5) The parliamentary counsel may enter additional material in the register in any way the parliamentary counsel considers is likely to be helpful to users of the register. An instrument under the Self-Government Act notifying the appointment of Ministers is entered in the register as a notifiable instrument even though the instrument is not taken to be a notifiable instrument under s 10 (Meaning of notifiable instrument). The instrument is also numbered as a notifiable instrument. The page of the register for the notification mentions that it is made under the Self-Government Act and is not a notifiable instrument but is included in the register for information. (6) Without limiting subsection (3) or (5), a regulation may prescribe requirements to be satisfied for additional material to be entered in the register under this section, including, for example, requirements about— (a) the form of the material; and (b) the making of requests for its entry in the register. (7) A regulation may also make provision about the following in relation to instruments (other than legislative instruments) to be entered in the register under this section: (a) the numbering of the instruments by the parliamentary counsel, whether in a series of numbers allocated under section 59 (Numbering) or otherwise; (b) the identification of the instruments, including, for example, authorising the parliamentary counsel to— (i) add a name to an unnamed instrument; or (ii) amend an instrument’s name; or (iii) add notes to an instrument to assist in its identification; or

ACT legislation register and website Chapter 2 (iv) do anything else in relation to an instrument to assist users of the register to identify or refer to the instrument. (8) If the register contains an authorised republication of a law currently in force, and the law is amended, the parliamentary counsel must replace the republication with an authorised republication of the law as amended. (9) If the register contains an authorised republication of a law, and the law is repealed, expires or, for a subordinate law or disallowable instrument, is disallowed by the Legislative Assembly, the parliamentary counsel must ensure that the republication is no longer shown as a republication of law currently in force. (10) If the parliamentary counsel considers it likely to be useful to users of the register to enter information (in any form) in the register, the parliamentary counsel may enter the information at any time. (11) If an Act passed by the Legislative Assembly, or a legislative instrument made, before the commencement of this Act need not be notified under this Act, the parliamentary counsel may enter the text of the Act or instrument in the register. (12) The parliamentary counsel may correct any mistake, error or omission in the register subject to the requirements (if any) of the regulations. (13) In this section: amended includes modified. law—see section 107 (Definitions—ch 11). repealed includes lapsed and expired.

20 Prompt registration The parliamentary counsel must ensure that anything the parliamentary counsel is required to do in relation to the register is done promptly.

21 Approved website (1) The parliamentary counsel must approve an internet site, and may approve additional internet sites, for this Act. (2) The parliamentary counsel may enter into agreements or arrangements to ensure that users can authenticate an approved website or the material accessible on an approved website.

22 Access to registered material at approved website (1) The parliamentary counsel must ensure, as far as practicable, that a copy of the material mentioned in section 19 (1) and (2) (Contents of register) is accessible at all times on an approved website. (2) Access is to be provided without charge by the Territory.

Chapter 3 Authorised versions and evidence of laws and legislative material

22A Definitions—ch 3 law means an Act or statutory instrument, whether or not it has been amended, and includes, in relation to a republication— (a) a collection of 2 or more Acts or statutory instruments; or (b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument. legislative material means material (other than a law or provision of a law) relating to an Act or statutory instrument. Examples—legislative material 1 Additional material entered in the register under s 19 (3) (Contents of register) that is not an Act or statutory instrument, for example, appointments of Ministers. Ministers are appointed by the Chief Minister under the Self-Government Act, s 41. An instrument notifying an appointment may be entered in the register even though the instrument is not a statutory instrument. 2 Material that may be considered under ch 14 in working out the meaning of an Act or statutory instrument, for example, an explanatory statement for the bill that became the relevant Act that was presented to the Legislative Assembly before the Act was passed. republication includes part of a republication.

23 Authorisation of versions by parliamentary counsel The parliamentary counsel may authorise written or electronic versions of a law, republication or legislative material. Note Written includes printed (see dict, pt 1, def writing).

Chapter 3 Authorised versions and evidence of laws and legislative material

24 Authorised electronic versions (1) An electronic copy of a law, republication or legislative material is an authorised version if— (a) it is accessed at, or downloaded from, an approved website in a format authorised by the parliamentary counsel; or (b) it is authorised by the parliamentary counsel and is in the format in which it is authorised by the parliamentary counsel. (2) It is presumed, unless the contrary is proved— (a) that an internet site purporting to be an approved website is an approved website; and (b) that an electronic copy of a law, republication or legislative material accessed at, or downloaded from, an approved website and purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (c) that any other electronic copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (d) that an authorised electronic version of an Act or statutory instrument correctly shows the Act or instrument; and (e) that an authorised electronic version of a republication of a law correctly shows the law as at the republication date; and (f) that an authorised electronic version of legislative material correctly shows the material. Examples—electronic copy of republication purporting to be authorised by parliamentary counsel 1 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised when accessed at www.legislation.act.gov.au or in authorised printed form’ at the foot of each page of the republication.

2 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication. provision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference to a republication includes a reference to part of a republication (see s 22A def republication).

25 Authorised written versions (1) A written copy of a law, republication or legislative material is an authorised version if— (a) it is a written copy produced directly from an authorised electronic version of the law, republication or legislative material; or (b) it is a written copy of another version of the law, republication or legislative material authorised by the parliamentary counsel. An authorised electronic version of an Act is downloaded from an approved website and printed. The printed copy is an authorised written version of the Act. (2) It is presumed, unless the contrary is proved— (a) that a written copy of a law, republication or legislative material purporting to be authorised by the parliamentary counsel (however expressed) is an authorised version of the law, republication or legislative material; and (b) that an authorised written version of an Act or statutory instrument correctly shows the Act or instrument; and (c) that an authorised written version of a republication of a law correctly shows the law as at the republication date; and

Chapter 3 Authorised versions and evidence of laws and legislative material (d) that an authorised written version of legislative material correctly shows the material. Examples—written copy of republication purporting to be authorised by parliamentary counsel 1 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the parliamentary counsel and printed by authority of the ACT Government’ at the foot of each page of the republication. 2 The republication has the words ‘Authorised by the ACT Parliamentary Counsel and printed by authority of the ACT Government’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication. 3 The republication has the words ‘Authorised by the ACT Parliamentary Counsel’ on the front cover and the words ‘Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au’ at the foot of each page of the republication. provision of the Act or instrument (see s 7 (3) and s 13 (3)). A reference to a republication includes a reference to part of a republication (see s 22A def republication).

26 Judicial notice of certain matters (1) Proof is not required about— (a) the passing of a proposed law by the Legislative Assembly or its notification in the register, the gazette or otherwise under section 28 (2) (b); or (b) the making, or notification or publication in the register, the gazette or otherwise under section 61 (2) (b), of a subordinate law, disallowable instrument, notifiable instrument, commencement notice or any other statutory instrument; or (c) the approval (however described) of a statutory instrument by the Executive, a Minister or any other entity; or

(d) the provisions of an Act, subordinate law, disallowable instrument, notifiable instrument, commencement notice or any other statutory instrument; or (e) the commencement of an Act, subordinate law, disallowable instrument, notifiable instrument, or any other statutory instrument; or (f) the presentation of a subordinate law, disallowable instrument or any other statutory instrument to the Legislative Assembly; or (g) anything done or not done by or in the Legislative Assembly in relation to a subordinate law, disallowable instrument or any other statutory instrument; or (h) amendments or other changes made under chapter 11 (Republication of Acts and statutory instruments); or (i) the authorisation of a republication under this Act, the provisions of an authorised republication or the republication date of an authorised republication. (2) A court or tribunal may inform itself of anything mentioned in subsection (1) in any way it considers appropriate. Examples—ways that may be appropriate 1 using a version of an Act downloaded from an approved website using the internet 2 using information obtained from an approved website using the internet 3 using an authorised written version of a republication (3) However, the court or tribunal must consider whether the source it intends to use appears to be a reliable source of information. (4) For subsection (3), an authorised version of a law, republication or legislative material is a reliable source of information. (5) This section does not limit any other law providing how a court or tribunal may be informed about a matter mentioned in subsection (1).

Chapter 4 Numbering and notification of Acts

27 Numbering of Acts The Acts passed in each year are to be numbered as nearly as practicable in the order in which they are passed.

28 Notification of Acts (1) If a proposed law is passed by the Legislative Assembly, the Speaker must ask the parliamentary counsel to notify the making of the law. (2) If the Speaker asks the parliamentary counsel to notify the making of the proposed law, the parliamentary counsel must— (a) notify the making of the law in the register; or (b) if it is not practicable to notify the making of the proposed law in the register—notify the making of the law in another place the parliamentary counsel considers appropriate. (3) If the Speaker asks the parliamentary counsel to notify the making of the proposed law on a particular day, the parliamentary counsel must notify the making of the law on that day unless it is impracticable to do so. (4) The making of the proposed law is notified in the register by entering in the register— (a) a statement that the law has been passed by the Legislative Assembly; and (b) the text of the law.

Numbering and notification of Acts Chapter 4 (5) The making of the proposed law is notified under subsection (2) (b) by— (a) publishing the text of the law in the place decided by the parliamentary counsel under subsection (2) (b); or (b) publishing in that place a statement that— (i) the law has been passed by the Legislative Assembly; and (ii) copies of the law can be obtained at a stated place or stated places (whether by purchase or otherwise). (6) If the making of the proposed law is notified under subsection (2) (b), the parliamentary counsel must as soon as practicable enter in the (a) a statement that the law— (i) has been passed by the Legislative Assembly; and (ii) was notified in the stated place on a stated date; and (b) the text of the law. (7) If the making of the proposed law is notified by publishing the statement mentioned in subsection (5) (b), copies of the law must be available on the day of publication, or as soon as practicable after that day, at the stated place or each of the stated places. (8) If on that day no copies of the law are available at the stated place or any of the stated places, the parliamentary counsel must give the Minister a statement— (a) that copies of the law were not available; and (b) explaining why they were not available. (9) The Minister must present the statement to the Legislative Assembly not later than 6 sitting days after receiving it.

(10) This section is a determinative provision.

29 References to enactment or passing of Acts In an Act or statutory instrument, a reference to the enactment or passing of an Act is a reference to the making of the Act having been notified in the register, the gazette or otherwise under section 28 (2) (b).

30 References to notification of Acts In an Act or statutory instrument, a reference to the notification of an Act is a reference to the making of the Act having been notified in the register, the gazette or otherwise under section 28 (2) (b).

Preliminary Part 5.1

Chapter 5 Regulatory impact statements for subordinate laws and

31 Definitions—ch 5 authorising law, in relation to a proposed subordinate law or disallowable instrument (the proposed law), means the Act or statutory instrument (and, if appropriate, the provision of the Act or statutory instrument) under which the proposed law will be made. benefits includes— (a) advantages; and (b) direct and indirect economic, environmental and social benefits. costs includes— (a) burdens and disadvantages; and (b) direct and indirect economic, environmental and social costs. scrutiny committee principles means the terms of reference of the Legislative Assembly standing committee performing the duties of a scrutiny of bills and subordinate legislation committee that apply to subordinate laws and disallowable instruments.

32 Other publication or consultation requirements not affected (1) Part 5.2 (Requirements for regulatory impact statements) does not affect any requirements in any other territory law for publication or consultation about a proposal to make a subordinate law or (2) Part 5.2 does not apply to the subordinate law or disallowable instrument if the requirements are of a comparable level to publication and consultation under the part.

33 Guidelines about costs of proposed subordinate laws and disallowable instruments (1) The Minister may issue guidelines to be applied in deciding whether a proposed subordinate law or disallowable instrument is, or is not, likely to impose appreciable costs on the community or a part of the community. (2) A guideline is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under this Act.

Requirements for regulatory impact statements Part 5.2 Part 5.2 Requirements for regulatory impact statements

34 Preparation of regulatory impact statements (1) If a proposed subordinate law or disallowable instrument (the proposed law) is likely to impose appreciable costs on the community, or a part of the community, then, before the proposed law is made, the Minister administering the authorising law (the administering Minister) must arrange for a regulatory impact statement to be prepared for the proposed law. (2) However, this section does not apply to the proposed law if the administering Minister exempts the proposed law from subsection (1). Note Section 32 and s 36 also state other circumstances when a regulatory impact statement is not required. (3) An exemption under subsection (2) (the RIS exemption) is a Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under this Act. (4) If the RIS exemption is disallowed under this Act after the proposed law has been made, the administering Minister must arrange for a regulatory impact statement to be prepared for the subordinate law or (5) The regulatory impact statement prepared under subsection (4) must be presented to the Legislative Assembly not later than 5 sitting days after the day the RIS exemption is disallowed. (6) This chapter (other than section 37 (When must regulatory impact statement be presented?)) applies to the law as if the law were a proposed subordinate law or disallowable instrument.

Part 5.2 Requirements for regulatory impact statements

35 Content of regulatory impact statements A regulatory impact statement for a proposed subordinate law or disallowable instrument (the proposed law) must include the following information about the proposed law in clear and precise language: (a) the authorising law; (b) a brief statement of the policy objectives of the proposed law and the reasons for them; (c) a brief statement of the way the policy objectives will be achieved by the proposed law and why this way of achieving them is reasonable and appropriate; (d) a brief explanation of how the proposed law is consistent with the policy objectives of the authorising law; (e) if the proposed law is inconsistent with the policy objectives of another territory law— (i) a brief explanation of the relationship with the other law; and (ii) a brief explanation for the inconsistency; (f) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making a subordinate law or disallowable instrument) and why the alternative was rejected; (g) a brief assessment of the benefits and costs of implementing the proposed law that— (i) if practicable and appropriate, quantifies the benefits and costs; and (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (f);

Requirements for regulatory impact statements Part 5.2 (h) a brief assessment of the consistency of the proposed law with the scrutiny committee principles and, if it is inconsistent with the principles, the reasons for the inconsistency.

36 When is preparation of regulatory impact statement unnecessary? (1) A regulatory impact statement need not be prepared for a proposed subordinate law or disallowable instrument (the proposed law) if the proposed law only provides for, or to the extent it only provides for, any of the following: (a) a matter that is not of a legislative nature, including, for example, a matter of a machinery, administrative, drafting or formal nature; (b) a matter that does not operate to the disadvantage of anyone (other than the Territory or a territory authority or instrumentality) by— (i) adversely affecting the person’s rights; or (ii) imposing liabilities on the person; (c) an amendment of a territory law to take account of current legislative drafting practice; (d) the commencement of an Act or statutory instrument; Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13). (e) an amendment of a territory law that does not fundamentally affect the law’s application or operation; (f) a matter of a transitional character; (g) a matter arising under a territory law that is part of a uniform scheme of legislation or complementary with legislation of the Commonwealth, a State or New Zealand;

Part 5.2 Requirements for regulatory impact statements (h) a matter involving the adoption of an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, if an assessment of the benefits and costs has already been made and the assessment was made for, or is relevant to, the ACT; (i) a proposal to make, amend or repeal rules of court; (j) a matter advance notice of which would enable someone to gain unfair advantage; (k) an amendment of a fee, charge or tax consistent with announced government policy. (2) A regulatory impact statement also need not be prepared for the proposed law if, or to the extent that, it would be against the public interest because of the nature of the proposed law or the circumstances in which it is made. A law may need to be made urgently for controlling the spread of a disease or dealing with another urgent situation. Note Section 32 and s 34 also state other circumstances when a regulatory impact statement is not required.

37 When must regulatory impact statement be presented? (1) This section applies if a regulatory impact statement for a proposed subordinate law or disallowable instrument (the proposed law) has been prepared and the proposed law is made. (2) The statement must be presented to the Legislative Assembly with the subordinate law or disallowable instrument.

Failure to comply with requirements for regulatory impact statements Part 5.3 Part 5.3 Failure to comply with requirements for regulatory impact statements

38 Effect of failure to comply with pt 5.2 (1) Failure to comply with part 5.2 (Requirements for regulatory impact statements) in relation to a subordinate law or disallowable instrument (the law) does not— (a) affect the law’s validity; or (b) create rights or impose legally enforceable obligations on the Territory, a Minister or anyone else. (2) In addition, a decision made, or appearing to be made, under part 5.2 is final. decision includes— (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision.

Chapter 6 Making, notification and numbering of statutory

39 Meaning of matter—ch 6 matter, in relation to a statutory instrument, includes circumstance, person, place and purpose.

40 Presumption of validity It is presumed, unless the contrary is proved, that all conditions and steps required for the making of a statutory instrument have been satisfied and carried out.

41 Making of certain statutory instruments by Executive (1) This section applies if an Act authorises or requires the Executive to make a subordinate law or disallowable instrument. (2) The subordinate law or disallowable instrument is taken to be made by the Executive if— (a) it is signed by 2 or more Ministers who are members of the Executive; and (b) the signing Ministers include the Chief Minister and the responsible Minister. (3) A subordinate law or disallowable instrument made in accordance with subsection (2) is taken to be made when it is signed by the second Minister signing.

General Part 6.1 (4) If the Chief Minister or responsible Minister cannot sign because that Minister is absent from the ACT, ill or on leave, the signing Ministers need not include that Minister. responsible Minister means— (a) the Minister for the time being administering the Act; or (b) if, for the time being, different Ministers administer the Act in relation to different matters— (i) if only 1 Minister administers the Act in relation to the relevant matter—that Minister; or (ii) if 2 or more Ministers administer the Act in relation to the relevant matter—any of the Ministers; or (iii) if subparagraph (ii) does not apply and, for the time being, 2 or more Ministers administer the Act—any of the Ministers; but does not include a Minister for the time being acting on behalf of the Minister or 2 or more Ministers.

Part 6.2 Making of statutory instruments generally

42 Power to make statutory instruments (1) If an Act or statutory instrument gives a power that can be exercised by making an instrument, the Act or statutory instrument gives power to make the instrument. An Act gives a Minister power to approve codes of practice, but does not require the approval to be in writing or to be given by a particular instrument. The power can be exercised by giving a written approval. The Act, therefore, gives power to make an instrument, namely, a written approval. (2) If an Act or statutory instrument gives power to make an instrument that would be a legislative instrument, the power can only be exercised by making an instrument. (3) If an Act or statutory instrument gives power to make an instrument, the power may be exercised from time to time.

43 Statutory instruments to be interpreted not to exceed powers under authorising law (1) A statutory instrument is to be interpreted as operating to the full extent of, but not to exceed, the power given by the Act or statutory instrument under which it is made (the authorising law). (2) Without limiting subsection (1), if a provision of a statutory instrument would, apart from this section, be interpreted as exceeding power— (a) the provision is valid to the extent to which it does not exceed power; and

(b) the remainder of the instrument is not affected. Example 1 The Agriculture Services Determination 2001, pt 4 exceeds the determination– making power given by the Agriculture Services Act 2000 (hypothetical). The other provisions of the determination are within power. The determination (apart from pt 4) operates effectively. Pt 4 is treated as if it did not form part of the determination and is disregarded. Note The kind of interpretation indicated in example 1 is known as a divisible interpretation of the determination. Example 2 The Goats Regulation 2001 (hypothetical) is made under the Goats Act 2001. The Goats Regulation 2001, s 39 seeks to impose rules about the care of ‘animals’, but the Act only gives power to make regulations about goats. Section 39 is read restrictively (‘read down’) as if it mentioned goats. In other words, the section is effective but treated as if it applied only to goats. Note The kind of interpretation indicated in example 2 is known as a distributive interpretation of the regulation. Example 3 The Wombat Protection Act 2003 (hypothetical) provides that the Minister may appoint a Wombat Advocate. The instrument making the appointment states that the appointment is for 5 years, but the maximum term of appointment authorised under the Act is 4 years. The instrument is read restrictively (‘read down’) as if it referred to 4 years. In other words, the instrument is effective but the appointment is only valid for 4 years. Note The kind of interpretation indicated in example 3 is known as a distributive interpretation of the instrument.

(3) Without limiting subsection (1), if the application of a provision of a statutory instrument to a matter would, apart from this section, be interpreted as exceeding power, the provision’s application to other matters is not affected. The Community Safety Order 2001 is expressed to apply to all members of the community without qualification although it is in fact made under the Building Industry (Safety) Act 2000 (hypothetical). That Act is restricted in its operation to the building industry. The order is cast in such wide terms that it cannot be interpreted divisibly or distributively. However, the order applies to entities such as XYZ Constructions Pty Ltd because it is a company in the construction industry. (4) This section is in addition to any provision of the statutory instrument or authorising law.

44 Power to make statutory instruments for Act etc (1) If an Act or statutory instrument (the authorising law) authorises or requires the making of a statutory instrument for the authorising law or another Act or statutory instrument (the other law), the power authorises a statutory instrument to be made in relation to any matter that— (a) is required or permitted to be prescribed by the authorising law or other law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law or other law. (2) Subsection (1) applies to the authorising law even though the authorising law— (a) only authorises the making of a statutory instrument for the authorising law; or

(b) also authorises or requires the making of a statutory instrument about a particular matter. (3) Power given by the authorising law to make a statutory instrument about a particular matter does not limit power given by the authorising law or other law to make a statutory instrument (whether or not of the same kind) about any other matter.

45 Power to make court rules (1) The power of an entity to make rules for a court includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the court’s jurisdiction under any law that authorises or requires anything to be done in or in relation to the court. (2) This section is additional to section 44. court includes a tribunal. disallowable legislative instrument, for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003 (Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.

law means— (a) an Act, subordinate law or disallowable instrument; or includes a reference to a provision of the Act, law or instrument (see s 7, s 8 and s 9). (b) a Commonwealth Act or a disallowable legislative instrument under a Commonwealth Act (or a provision of such an Act or instrument).

46 Power to make instrument includes power to amend or repeal (1) Power given under an Act or statutory instrument (the authorising law) to make a statutory instrument includes power to amend or repeal the instrument. (2) The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument. 1 If the instrument is a disallowable instrument, an amendment or repeal of the instrument is also a disallowable instrument. 2 If the instrument is a notifiable instrument, an amendment or repeal of the instrument is also a notifiable instrument. 3 If notice of the making of the instrument must be published in a newspaper, notice of an amendment or repeal of the instrument must also be published in the newspaper. (3) Despite subsection (1), a form that is a legislative instrument may be repealed or repealed and remade (with or without changes), but may not be amended.

47 Statutory instrument may make provision by applying law or instrument (1) This section applies if an Act, subordinate law or disallowable instrument (the authorising law) authorises or requires the making of a statutory instrument (the relevant instrument) about a matter. (2) The relevant instrument may make provision about the matter by applying an ACT law— (a) as in force at a particular time; or (b) as in force from time to time. (3) The relevant instrument may make provision about the matter by applying a law of another jurisdiction, or an instrument, as in force only at a particular time. Note For information on the operation of s (3), see the examples to s (9). (4) If the relevant instrument makes provision about the matter by applying a law of another jurisdiction or an instrument, the following provisions apply: (a) if subsection (3) is displaced by, or under authority given by, an Act or the authorising law—the law of the other jurisdiction or instrument is applied as in force from time to time; Note For the displacement of s (3), see s 6, examples 1 and 2. (b) if subsection (3) is not so displaced and the relevant instrument does not provide that the law of the other jurisdiction or instrument is applied as in force at a particular time—the law or instrument is taken to be applied as in force when the relevant instrument is made.

Examples—s (4) (b) 1 The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) provides for the making of claims against a compensation fund. Section 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act) as in force from time to time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace s (3). Therefore, even though s 43 purports to apply the NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003 is applied by the determination. 2 The Locust Damage Compensation Determination 2003 (mentioned in example 1), s 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act), but does not state that the NSW Act is to be applied as in force from time to time or at a particular time. The determination is made on 1 August 2003. The Act under which the determination is made does not displace s (3). Therefore, the NSW Act as in force on 1 August 2003 is applied by the determination. (5) If a law of another jurisdiction or an instrument is applied as in force at a particular time, the text of the law or instrument (as in force at that time) is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument. (6) If subsection (3) is displaced and a law of another jurisdiction or an instrument is applied as in force from time to time, the text of each of the following is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument: (a) the law or instrument as in force at the time the relevant instrument is made; (b) each subsequent amendment of the law or instrument; (c) if the law or instrument is repealed and remade (with or without changes)—the law or instrument as remade and each subsequent amendment of the law or instrument;

(d) if a provision of the law or instrument is omitted and remade (with or without changes) in another law or instrument—the provision as remade and each subsequent amendment of the (7) The authorising law or, if the relevant instrument is a subordinate law or disallowable instrument, the relevant instrument may provide that— (a) subsection (5) or (6) does not apply to the relevant instrument; or (b) subsection (5) or (6) applies with the modifications stated in the authorising law or relevant instrument. (8) If a provision of an Act, subordinate law or disallowable instrument authorises or requires the application of a law or instrument, the provision authorises the making of changes or modifications to the law or instrument for that application. Examples—s (3) and s (9) Here are 2 examples about the operation of s (3) and (9): the first illustrates how s (3) might be displaced and the second illustrates how a law of another jurisdiction that applies as in force from time to time would operate— 1 The effect of s (3) and s (9), and s (10), def applying, is that if it is intended to apply, adopt or incorporate a law or instrument as in force from time to time, the authorising law would need to expressly displace s (3) (as illustrated in s 6, examples of different kinds of displacement, example 1) or indicate a manifest contrary intention (as illustrated in example 2 in those examples). 2 The ABC Regulation 2001 (made under a provision like those illustrated in s 6, examples of different kinds of displacement, examples 1 and 2) provides that noise measurements are to be taken in accordance with the NSW noise control manual as in force from time to time. The effect of the ABC Regulation 2001 is that whenever the NSW noise control manual is amended in future, the noise measurements must be taken in accordance with the manual as last amended.

(10) In this section: ACT law means an Act, subordinate law or disallowable instrument. applying includes adopting or incorporating. Note See also s 157 (Defined terms–other parts of speech and grammatical forms). disallowable legislative instrument, for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003 (Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law. instrument includes a provision of an instrument, but does not include an ACT law or a law of another jurisdiction. law of another jurisdiction means— (a) a Commonwealth Act or a disallowable legislative instrument under a Commonwealth Act; or (b) a State Act, or any regulation or rule under a State Act; or (c) a New Zealand or Norfolk Island Act, or any regulation or rule under a New Zealand or Norfolk Island Act; or (d) a provision of a law mentioned in paragraphs (a) to (c).

48 Power to make instrument includes power to make different provision for different categories etc (1) Power given under an Act or statutory instrument to make a statutory instrument includes power— (a) to make different provision in relation to different matters or different classes of matters; or

(b) to make an instrument that applies differently by reference to stated exceptions or factors. (2) Without limiting subsection (1), power given under an Act or statutory instrument to make a statutory instrument about particular matters includes power to make a statutory instrument about any 1 or more of the matters or a particular class of the matters. (3) For this section, a class may consist of a single matter.

49 Single instrument may exercise several powers or satisfy several requirements (1) Power given under an Act or statutory instrument may be exercised with any other power to make a single instrument— (a) whether or not the powers are exercised in relation to separate provisions, some of the same provisions, or all of the provisions, of the instrument; or (b) whether or not the other powers are given under the same Act or statutory instrument, another Act or statutory instrument or any other territory law. (2) A statutory instrument is taken— (a) to be made under each power given under territory law under which it could be made; and (b) to satisfy each requirement under territory law that it could satisfy.

(3) Without limiting subsection (2), that subsection applies to an instrument even though— (a) it is stated to be made under a particular territory law (the authorising law) or a particular provision of the authorising law; and (b) it is stated to be made for a particular territory law (the requiring law) or a particular provision of the requiring law.

50 Relationship between authorising law and instrument dealing with same matter (1) If an Act or statutory instrument (the authorising law) gives power to make a statutory instrument about a matter, the instrument may make provision in relation to a particular aspect of the matter even though provision is made by the authorising law in relation to another aspect of the matter or in relation to another matter.

51 Instrument may make provision in relation to land by reference to map etc (1) This section applies if an Act or statutory instrument authorises or requires provision to be made by statutory instrument in relation to land or waters. (2) Provision may be made by reference to— (a) a particular map or plan held by an entity; or

(b) a particular entry in a register kept by an entity; if the map, plan or register is available for inspection (on the internet or otherwise) by members of the public, whether or not on payment of a fee.

52 Instrument may authorise determination of matter etc (1) This section applies if an Act or statutory instrument (the authorising law) authorises or requires provision to be made about a matter by (2) A statutory instrument made under the authorising law may make provision about the matter by authorising or requiring a stated entity to make provision about the matter, or any aspect of the matter, whether or not from time to time. provision, for a matter, includes determining or regulating the matter, applying the instrument to the matter, being satisfied or forming an opinion about anything relating to the matter, or doing anything else in relation to the matter.

53 Instrument may prohibit (1) If an Act or statutory instrument authorises or requires a matter to be regulated (however described) by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.

54 Instrument may require making of statutory declaration (1) If an Act or statutory instrument (the authorising law) gives power to make a statutory instrument, the instrument may require the making of a statutory declaration. Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under territory laws (see that Act, s 5). (2) Subsection (1) applies— (a) whether or not the authorising law authorises or requires penalties to be prescribed by instrument; and (b) if the authorising law authorises or requires penalties to be prescribed by instrument—irrespective of the level of penalties that may be prescribed.

Making of certain statutory instruments about fees Part 6.3 Part 6.3 Making of certain statutory instruments about fees

55 Definitions—pt 6.3 fee includes a charge or other amount. provide a service includes exercise a function. service includes a function or facility.

56 Determination of fees by disallowable instrument (1) This section applies if an Act (the authorising law) authorises fees to be determined for an Act or statutory instrument (the relevant law). (2) The authorising law authorises a fee to be determined in relation to any matter under or related to the relevant law. (3) To remove any doubt, a fee may be determined for a provision of the relevant law even though the provision does not mention a fee. Note The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). (4) A fee may be determined— (a) by stating the fee; or (b) by setting a rate, or providing a formula or other method, by which the fee is to be worked out; or (c) by a combination of a stated fee and a rate, formula or other method. (5) The determination— (a) must provide by whom the fee is payable; and (b) must provide to whom the fee is to be paid; and

Part 6.3 Making of certain statutory instruments about fees (c) may make provision about the circumstances in which the fee is payable; and (d) may make provision about exempting a person from payment of the fee; and (e) may make provision about when the fee is payable and how it is to be paid (for example, as a lump sum or by instalments); and (f) may mention the service for which the fee is payable; and (g) may make provision about waiving, postponing or refunding the fee (completely or partly); and (h) may make provision about anything else relating to the fee.

57 Fees payable in accordance with determination etc (1) A fee determined by a disallowable instrument is payable by the person by whom the fee is payable under the determination, in relation to the service (if any) mentioned in the determination and in accordance with the determination, to the person to whom the fee is payable under the determination. (2) If a service is mentioned in the determination, the fee is payable before the service is provided unless the determination provides otherwise.

Making of certain statutory instruments about fees Part 6.3 (3) If the fee is payable in relation to a service mentioned in the determination and the fee has not been paid in accordance with the determination, no-one is obliged to provide the service. (4) Subsection (3) applies to a service even though, apart from that subsection, someone is under a duty to provide the service.

58 Regulations may make provision about fees (1) This section applies if an Act (the authorising law)— (a) authorises or requires fees to be determined for the authorising law, or another Act or a statutory instrument (the fees law); and (b) the authorising law authorises the making of regulations by the Executive. (2) A regulation under the authorising law may make provision in relation to— (a) the payment, collection and recovery of determined fees; and (b) the waiver, postponement or refund of the fees (completely or partly); and (c) anything else about which provision may, under section 56 (Determination of fees by disallowable instrument), be made by determination in relation to determined fees. (3) The power mentioned in subsection (2) (b) includes power to make provision in relation to an entitlement to a waiver, postponement or refund of determined fees in circumstances prescribed by regulation (including the removal of a statutory capacity).

Part 6.3 Making of certain statutory instruments about fees (4) A regulation or the authorising law may make provision in relation to the payment of determined fees by cheque or credit card, including, for example, the consequences of a cheque not being honoured on presentation or a credit card transaction not being honoured. (5) A regulation or the authorising law may make provision in relation to the removal of a statutory capacity if any determined fee— (a) is not paid when it is required to be paid; or (b) is paid by cheque and the cheque is not honoured on presentation; or (c) is paid by credit card and the credit card transaction is not honoured. (6) A regulation or the authorising law may make provision in relation to the restoration of a statutory capacity (whether prospectively or during any past period). (7) This section is in addition to any provision of the authorising law or fees law. (9) In this section: credit card includes debit card. removal, of a statutory capacity, includes suspension, cancellation, revocation, withdrawal, surrender or other prescribed restriction or termination of a statutory capacity under the fees law or authorising law. statutory capacity includes an accreditation, approval, assessment, authority, certificate, condition, decision, determination, exemption, licence, permission, permit, registration or other prescribed thing giving a status, privilege or benefit under the fees law or authorising law (whether or not required under either law for doing anything).

Part 6.4 Numbering and notification of legislative instruments

59 Numbering (1) The legislative instruments registered in each year must be numbered by the parliamentary counsel as nearly as practicable in the order in which they are notified. (2) However, the parliamentary counsel may— (a) allocate different kinds of legislative instruments to different series for numbering purposes; or (b) add distinguishing letters to numbers to indicate the kind of legislative instrument. (3) Also, a regulation may provide that this section does not apply to a notifiable instrument of a kind prescribed by regulation. 60 Correction etc of name of instrument (1) This section applies if a legislative instrument, or a statutory instrument entered on the register under section 19 (3), is unnamed or the name it gives to itself— (a) includes a year that is not the year in which the instrument was notified; or (b) is the same as another instrument that has been, or is to be, notified under this Act; or (c) includes a number that is not consecutive with other instruments that have been notified under this Act; or (d) does not include a number that would give the instrument a unique name; or (e) is otherwise not in accordance with current legislative drafting practice.

(2) The parliamentary counsel may, before notifying the instrument under this Act— (a) add a name to an unnamed instrument; or (b) amend the instrument’s name to bring it into line with current legislative drafting practice. (3) If the name of an instrument is added or amended under this section, the instrument has effect for all purposes as if the instrument were made with the name as added or amended. (4) If the name of an instrument is added or amended under this section, the parliamentary counsel may make a corresponding change to any explanatory statement or regulatory impact statement for the

60A Correction of name of explanatory statement etc (1) This section applies if an explanatory statement or regulatory impact statement for a legislative instrument— (a) does not include the instrument’s number or name in an appropriate place; or (b) includes a reference to the instrument’s number or name that is incorrect. (2) The parliamentary counsel may, before entering the statement in the (a) include the instrument’s number or name in an appropriate place in the statement; or (b) correct the reference to the instrument’s number or name.

61 Notification of legislative instruments (1) If a legislative instrument is made, an authorised person for making a notification request for the instrument may ask the parliamentary counsel to notify the making of the instrument. (2) If an authorised person for making a notification request for a legislative instrument asks the parliamentary counsel to notify the making of the instrument and complies with the requirements (if any) prescribed by regulation (whether in relation to the form of the instrument, in relation to the making of the request or otherwise), the parliamentary counsel must— (a) notify the making of the instrument in the register; or (b) if it is not practicable to notify the making of the instrument in the register—notify the making of the instrument in another place the parliamentary counsel considers appropriate. (3) The making of the legislative instrument is notified in the register by entering in the register— (a) a statement that the instrument has been made; and (b) the text of the instrument. (4) The making of the legislative instrument is notified under subsection (2) (b) by— (a) publishing the text of the instrument in the place decided by the parliamentary counsel under subsection (2) (b); or (b) publishing in that place a statement that— (i) the instrument has been made; and (ii) copies of the instrument can be obtained at a stated place or stated places (whether by purchase or otherwise).

(5) If the making of the legislative instrument is notified under subsection (2) (b), the parliamentary counsel must as soon as practicable enter in the register— (a) a statement that the instrument— (i) has been made; and (ii) was notified in the stated place on a stated date; and (b) the text of the instrument. (6) If the making of the legislative instrument is notified by publishing the statement mentioned in subsection (4) (b), copies of the instrument must be available on the day of publication, or as soon as practicable after that day, at the stated place or each of the stated places. (7) If on that day no copies of the legislative instrument are available at the stated place or any of the stated places, the parliamentary counsel must give the Minister a statement— (a) that copies of the instrument were not available; and (b) explaining why they were not available. (8) The Minister must present the statement to the Legislative Assembly not later than 6 sitting days after receiving it. (9) Despite subsection (2), the parliamentary counsel may notify the making of a legislative instrument even though a requirement prescribed by regulation for subsection (2) (a prescribed requirement) is not complied with. (10) The notification of a legislative instrument is valid even if— (a) a prescribed requirement was not complied with; or (b) the notification was made on the request of a person who was not, or was no longer, a delegate of an authorised person for making a notification request for the instrument.

(12) In this section: authorised person, for making a notification request for a legislative instrument, means— (a) the maker of the instrument; or (b) for a legislative instrument made by the Executive—a Minister or director-general; or (c) for a legislative instrument made by a Minister— a director-general; or (d) for a legislative instrument made by the rule-making committee— (i) the secretary of the committee; or (ii) the registrar of a court or tribunal in relation to which the instrument applies; or (e) for any other legislative instrument made by a court or tribunal, or by a member (however described) of a court or tribunal—the registrar of the court or tribunal; or (f) for any other legislative instrument (other than an instrument prescribed by regulation for this paragraph)—a director-general; or (g) for a legislative instrument prescribed by regulation for this paragraph—a person prescribed by regulation as an authorised person for making a notification request for the instrument. rule-making committee means the rule-making committee established under the Court Procedures Act 2004.

62 Effect of failure to notify legislative instrument (1) A legislative instrument is not enforceable by or against the Territory or anyone else unless it is notified.

63 References to notification of legislative instruments In an Act or statutory instrument, a reference to the notification of a legislative instrument is a reference to the instrument having been notified in the register, the gazette or otherwise under section 61 (2) (b).

Chapter 7 Presentation, amendment and disallowance of subordinate laws and disallowable Note In this chapter, a reference to a subordinate law or disallowable instrument includes a reference to a provision of a subordinate law or disallowable instrument (see s 8 (2) and s 9 (2)).

64 Presentation of subordinate laws and disallowable (1) A subordinate law or disallowable instrument must be presented to the Legislative Assembly not later than 6 sitting days after its notification day. (2) If a subordinate law or disallowable instrument is not presented in accordance with subsection (1), it is taken to be repealed.

65 Disallowance by resolution of Assembly (1) This section applies if notice of a motion to disallow a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly. (2) If the Legislative Assembly passes a resolution to disallow the subordinate law or disallowable instrument, it is taken to be repealed— (a) on the day after the day the disallowance is notified; or

(b) if the resolution provides that it takes effect on the day the resolution is passed—that day. (3) For this chapter, the Legislative Assembly is taken to have passed a resolution to disallow the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given— (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on and moved, but has not been (4) If subsection (3) applies, the resolution is taken to be the resolution set out in the motion for the resolution. (5) A disallowance under this section has effect for all purposes as if it were a repeal made by an Act.

65A Notification of disallowance by resolution of Assembly (1) If a subordinate law or disallowable instrument is disallowed, or taken to have been disallowed, under section 65, the Speaker must ask the parliamentary counsel to notify the disallowance. (2) If the Speaker asks the parliamentary counsel to notify the disallowance, the parliamentary counsel must— (a) notify the disallowance in the register; or

(b) if it is not practicable to notify the disallowance in the register— notify the disallowance in another place the parliamentary counsel considers appropriate. (3) If the Speaker asks the parliamentary counsel to notify the disallowance on a particular day, the parliamentary counsel must notify the disallowance on that day unless it is impracticable to do so. (4) The disallowance is notified in the register by entering in the by the Legislative Assembly under section 65; and (5) The disallowance is notified under subsection (2) (b) by publishing in the place decided by the parliamentary counsel under that subsection— by the Legislative Assembly under section 65; and

(6) If the disallowance is notified under subsection (2) (b), the parliamentary counsel must enter in the register— (b) a statement that the disallowance was notified under subsection (2) (b) in a stated place on a stated date; and (c) the text of the resolution passed, or taken to have been passed, under section 65; and (d) the day when the resolution was passed or taken to have been (e) the day when the subordinate law or disallowable instrument is

66 Revival of affected laws (a) a subordinate law or disallowable instrument (the disallowed law) is taken to be repealed under section 64 (Presentation of subordinate laws and disallowable instruments) or section 65 (Disallowance by resolution of Assembly); and (b) the disallowed law repealed or amended an Act or statutory instrument (the affected law); and (c) the repeal or amendment has commenced.

(2) The affected law is revived, from the beginning of the day after the disallowed law is taken to have been repealed, as if the disallowed law had never been made.

67 Making of instrument same in substance within 6 months after disallowance (1) This section applies if a subordinate law or disallowable instrument (the disallowed law) is disallowed under section 65 (Disallowance by (2) A subordinate law or disallowable instrument the same in substance must not be made within 6 months beginning on the day of the disallowance unless the Legislative Assembly has— (a) rescinded the resolution that disallowed the disallowed law; or (b) by resolution, approved the making of— (i) a subordinate law or disallowable instrument in those terms; or (ii) a subordinate law or disallowable instrument the same in substance as the disallowed law. (3) A subordinate law or disallowable instrument made in contravention of this section is void.

68 Amendment by resolution of Assembly (1) In this section: amendment does not include an amendment that would have the effect of waiving or changing any fee, charge, penalty or other amount payable to the Territory. disallowable instrument does not include a determination of fees or charges by a Minister under an Act or subordinate law. (2) This section applies if notice of a motion to amend a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day it is presented to the Assembly. (3) If the Legislative Assembly passes a resolution to amend the subordinate law or disallowable instrument, it is amended accordingly— (a) on the day after the day the amendment is notified; or (b) if the resolution provides that it takes effect on the day the resolution is passed—that day. (4) For this chapter, the Legislative Assembly is taken to have passed a resolution to amend the subordinate law or disallowable instrument if, at the end of 6 sitting days after the day the notice is given— (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on and moved, but has not been (5) If subsection (4) applies, the resolution is taken to be the resolution set out in the motion for the resolution. (6) An amendment under this section has effect for all purposes as if it had been made by an Act.

(7) Without limiting subsection (6), section 83 (Consequences of amendment of statutory instrument by Act) applies to the amendment as if it had been made by an Act.

69 Notification of amendments made by resolution of (1) If a subordinate law or disallowable instrument (the amended law) is amended under section 68, the Speaker must ask the parliamentary counsel to notify the amendment. (2) If the Speaker asks the parliamentary counsel to notify the amendment, the parliamentary counsel must— (a) notify the amendment in the register; or (b) if it is not practicable to notify the amendment in the register— notify the amendment in another place the parliamentary counsel considers appropriate. (3) If the Speaker asks the parliamentary counsel to notify the amendment on a particular day, the parliamentary counsel must notify the amendment on that day unless it is impracticable to do so. (4) The amendment is notified in the register by entering in the register—

(5) The amendment is notified under subsection (2) (b) by publishing in the place decided by the parliamentary counsel under that subsection— (6) If the amendment is notified under subsection (2) (b), the parliamentary counsel must enter in the register— (b) a statement that the amendment was notified under subsection (2) (b) in a stated place on a stated date; and (c) the text of the resolution passed, or taken to have been passed, (d) the day when the resolution was passed or taken to have been (e) the day when the subordinate law or disallowable instrument is

70 Making of amendment restoring effect of law within 6 months after amendment (1) This section applies if a subordinate law or disallowable instrument (the amended law) is amended under section 68 (Amendment by (2) A subordinate law or disallowable instrument the same in substance as the amended law before the amendment (the earlier law) must not be made within 6 months beginning on the day the amendment is made unless the Legislative Assembly has— (a) rescinded the resolution that made the amendment; or (b) by resolution approved the making of— (i) a subordinate law or disallowable instrument in those terms; or (ii) a subordinate law or disallowable instrument the same in substance as the earlier law. (3) A subordinate law or disallowable instrument made in contravention of this section is void.

71 Effect of dissolution or expiry of Assembly on notice of motion (a) notice of motion to disallow or amend a subordinate law or disallowable instrument is given in the Legislative Assembly not later than 6 sitting days after the day the instrument is presented to the Assembly; and (b) not later than 6 sitting days after the day the notice is given, the Assembly is dissolved or expires; and (c) at the time of the dissolution or expiry— (i) the notice has not been withdrawn and the motion has not been called on; or (ii) the motion has been called on and moved, but has not been (2) For this chapter, the subordinate law or disallowable instrument is taken to have been presented to the Legislative Assembly on the first sitting day of the Assembly after the next general election of members of the Assembly.

Chapter 8 Commencement and exercise of powers before commencement

72 Meaning of law—ch 8

73 General rules about commencement (1) An Act commences— (a) on the day after its notification day; or (b) if the Act or another Act provides for a different date or time of commencement—on that date or at that time. (2) A legislative instrument commences— (a) on the day after its notification day; or (b) if an Act or the instrument provides for a later date or time of (c) if an Act provides for an earlier date or time of (d) if the instrument, under authority given by an Act, provides for an earlier date or time—on that date or at that time.

(3) Without limiting subsection (2), if a legislative instrument is notified on a day after the day or time provided by the instrument for its commencement, and subsection (2) (c) or (d) does not apply to the instrument— (a) the instrument is valid; but (b) the instrument commences on the day after its notification day. (4) A statutory instrument that is not a legislative instrument commences— (a) on the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved; or (b) if an Act or the instrument provides for a later date or time of (c) if an Act provides for an earlier date or time of (d) if the instrument, under authority given by an Act, provides for an earlier date or time—on that date or at that time. (5) This section is subject to the following sections: (a) section 75 (Commencement of naming and commencement provisions); (b) section 76 (Non-prejudicial provision may commence retrospectively); (c) section 79 (Automatic commencement of postponed law); (d) section 79A (Commencement of amendment of uncommenced law); (e) section 81 (Exercise of powers between notification and commencement).

74 Time of commencement (1) If an Act commences on a day, it commences at the beginning of the day unless a different time of commencement is provided by the Act, another Act, or a commencement notice providing for the commencement of the Act. (2) If a statutory instrument commences on a day, it commences at the beginning of the day unless a different time of commencement is provided by the instrument, an Act, or a commencement notice providing for the commencement of the instrument.

75 Commencement of naming and commencement (1) The provisions of a law providing for its name and commencement automatically commence on its notification day. (2) However, if a provision of the law commences before the law’s notification day, the naming and commencement provisions are taken to have automatically commenced— (a) on that commencement; or (b) if 2 or more provisions of the law commence at different times before the notification day—on the earlier or earliest of the commencements. (3) In the application of this section to a statutory instrument that is not a legislative instrument, a reference to the instrument’s notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.

75AA Commencement of provisions identifying amended laws (1) This section applies if a law amends another law and includes a provision (a legislation amended provision) identifying the amended law. (2) The legislation amended provision automatically commences (or is taken to have automatically commenced)— (a) on the commencement of the amendments; or (b) if the amendments commence at different times—on the commencement of the earlier or earliest of the amendments. Note See s 5 for the meaning of determinative provision, and s 6 for their

75A Meaning of commences retrospectively (1) An Act or legislative instrument commences retrospectively if it commences on a day or at a time earlier than the day after its notification day. Note A reference to an Act or legislative instrument includes a reference to a provision of an Act or legislative instrument (see s 7 (3) and s 12 (2)). (2) A statutory instrument that is not a legislative instrument commences retrospectively if it commences on a day or at a time earlier than the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.

75B Retrospective commencement requires clear indication (1) A law must not be taken to provide for the law (or another law) to commence retrospectively unless the law clearly indicates that it is to commence retrospectively. The XYZ Act 2003 was notified on 1 July 2003. It contains the following provision: 2 Commencement This Act is taken to have commenced on 17 October 2001. Section 2 clearly indicates that the Act is to commence retrospectively.

76 Non–prejudicial provision may commence retrospectively (1) A statutory instrument may provide that a non-prejudicial provision of the instrument commences retrospectively. (2) Unless this subsection is displaced by, or under authority given by, an Act, a statutory instrument cannot provide that a prejudicial provision of the instrument commences retrospectively. The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) sets out (among other things) the people who are eligible for compensation under a compensation fund. Previously, there was no restriction on who was eligible. The determination provides that it is taken to have commenced on 1 July 2003, but it is not notified until 15 August 2003. There is nothing in the Act under which the determination is made (or any other Act) that authorises the retrospective commencement. The provision of the determination that limits who can apply for compensation is a prejudicial provision (ie it adversely affects some people’s right to receive compensation) and cannot commence retrospectively. Instead, it would commence on the day after the determination’s notification day (see s 73 (3)).

non-prejudicial provision means a provision that is not a prejudicial prejudicial provision means a provision that operates to the disadvantage of a person (other than the Territory or a territory authority or instrumentality) by— (a) adversely affecting the person’s rights; or (b) imposing liabilities on the person.

77 Commencement by commencement notice (1) If a law is expressed to commence on a day fixed or otherwise determined by a notice— (a) a single day, or a time on a single day, may be fixed or determined; or (b) different days or times may be fixed or determined for different provisions. (2) A commencement notice for a law is valid even if the day or time fixed or otherwise determined by the notice happens before the notice’s notification day. (3) If the day or time fixed or otherwise determined by a commencement notice for a law happens on or before the notice’s notification day, the law commences on the day after the notice’s notification day. (4) However, subsection (3) does not apply to the commencement notice if— (a) the notice clearly indicates that the law is to commence at an earlier date or time; and

(b) the notice provides for the earlier date or time under authority given by an Act.

78 Separate commencement of amendments (1) Amendments made by a provision of a law may be given separate commencements, whether or not the provision is self-contained. 1 A provision of an amending law inserts 2 sections. The sections may be given separate commencements. 2 A provision of an amending law inserts a section that is divided into paragraphs. The paragraphs may be given separate commencements. 79 Automatic commencement of postponed law (1) If a postponed law has not commenced within 6 months beginning on its notification day, it automatically commences on the first day after that period. (2) This section applies to a law unless it is displaced by, or under authority given by, an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law. enact includes make.

law means an Act, subordinate law, disallowable instrument or notifiable instrument. Note A reference to an Act, subordinate law, disallowable instrument or notifiable instrument includes a reference to a provision of the Act, law or instrument (see s 7, s 8, s 9 and s 10). notification day, for a postponed law, means the notification day of— (a) if the postponed law is a law—the law; or (b) if the postponed law is a provision of a law—the law that enacts the provision. postponed law means a law that does not commence on its notification day because a law postpones its commencement until a day or time fixed or determined by a commencement notice.

79A Commencement of amendment of uncommenced law (1) This section applies if a law (the amending law) amends a law that has not commenced (the uncommenced law). (2) The amendment of the uncommenced law does not of itself commence that law. (3) The amendment made by the amending law commences on the commencement of the uncommenced law.

80 References to commencement of law In a law, a reference to the commencement of the law, or another law, (the law concerned) is a reference to— (a) if the provisions of the law concerned (other than those providing for its name and commencement) commence, or are required to commence, on a single day or at a single time— the commencement of the remaining provisions; or

(b) if paragraph (a) does not apply and the reference is in a provision of the law concerned—the commencement of the provision; or (c) in any other case—the commencement of the relevant provision of the law concerned.

81 Exercise of powers between notification and commencement (1) This section applies to a power to make an appointment or statutory instrument, or to do anything else, in the following situations: (a) the power is given by a law (the authorising law) that has been notified but has not commenced; (b) the power is given by a law (the authorising law) as amended by another law (the amending law) and the laws have been notified, but all or any of them have not commenced. Examples—powers to which section applies 1 power to delegate a function 2 power to give or issue an approval, consent, licence, permit or other authority (however described) 3 power to make an acting appointment 4 power to issue guidelines (2) To remove any doubt and without limiting subsection (1), this section applies to any of the following powers if the power is to be exercised in relation to an entity to be established by the authorising law or the authorising law as amended by the amending law: (a) a power to make an appointment to the entity; (b) a power to make a statutory instrument for the purposes of the entity;

(c) a power to do anything else in relation to the entity. This section applies to powers under an authorising law to be exercised in relation to the conduct of an election for members of a board to be established as a corporation by the authorising law. (3) The power may be exercised at any time even though the authorising law, or the authorising law and amending law (or either of them), is not in force at the time. (4) For the exercise of the power, the authorising law, or the authorising law and amending law, are taken to be in force at the time of the exercise of the power. (5) Also, anything else may be done under the power at any time for the purpose of bringing, or in relation to bringing, the authorising law, or the authorising law as amended by the amending law, into operation. (6) If an appointment or statutory instrument made under this section declares that this subsection applies to it, then, unless the appointment or instrument commences on a different date or at a different time under another provision of this chapter, the appointment or instrument commences on— (a) for an appointment or statutory instrument that is a legislative instrument—the day after its notification day; or (b) for any other appointment or statutory instrument—the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved. (7) In any other case, an appointment or statutory instrument made under this section commences on the latest of the following: (a) the commencement of the authorising law or, if subsection (1) (b) applies and the amending law commences after the authorising law, the commencement of the amending law;

(b) on the day or at the time the appointment or instrument would have commenced if it had not been made under this section. (8) In the application of this section to a statutory instrument that is not a legislative instrument, a reference to the instrument being notified is a reference to the instrument being made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, to the instrument being approved.

82 Definitions—ch 9 amend includes modify. repeal includes lapse and expire.

83 Consequences of amendment of statutory instrument by Act (1) If an Act amends a statutory instrument, the instrument may be amended or repealed as if the amendment had been made by another statutory instrument of that kind.

84 Saving of operation of repealed and amended laws (1) The repeal or amendment of a law does not— (a) revive anything not in force or existing when the repeal or amendment takes effect; or (b) affect the previous operation of the law or anything done, begun or suffered under the law; or (c) affect an existing right, privilege or liability acquired, accrued or incurred under the law.

General Part 9.1 (2) An investigation, proceeding or remedy in relation to an existing right, privilege or liability under the law may be started, exercised, continued or completed, and the right, privilege or liability may be enforced and any penalty imposed, as if the repeal or amendment had not happened. (3) Without limiting subsections (1) and (2), the repeal or amendment of a law does not affect— (a) the proof of anything that has happened; or (b) any right, privilege or liability saved by the law. (4) This section does not limit any other provision of this chapter and is in addition to any provision of the law by which the repeal or amendment is made. liability includes liability to penalty for an offence against the law. penalty includes punishment and forfeiture. privilege includes immunity. right includes capacity, interest, status and title.

84A Creation of offences and changes in penalties (1) If a law makes an act or omission an offence, the act or omission is only an offence if done or not done after the law commences. (2) If a law increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the law commences.

(3) If a law reduces the maximum or minimum penalty, or the penalty, for an offence, the reduction applies to an offence committed before or after the law commences, but does not affect any penalty imposed before the law commences. law means an Act or subordinate law. provision of the Act or instrument (see s 7 and s 8).

85 When repeal takes effect (1) This section applies if a law is repealed on a day. (2) If the law is remade on that day (with or without changes), the repeal takes effect when the remade law commences. Note Under s 74, if a law commences on a day, it commences at the beginning of the day unless otherwise provided. (3) If the law is not remade on that day (with or without changes), the law continues in force until the end of the day and the repeal takes effect at midnight on the day.

86 Repealed and amended laws not revived on repeal of repealing and amending laws (1) If a law (the first law) is repealed by another law (the other law), the first law is not revived only because the other law is repealed. (2) If a law (the first law) is amended by another law (the other law), the continuing operation of the amendments made by the other law is not affected only because the other law is repealed and, in particular, the first law is not revived in the form in which it was in before the amendments took effect only because of the repeal. (3) This section does not limit any other provision of this chapter and is

amended does not include modified. law includes a rule of the common law (including equity). 1 a common law offence 2 a common law rule of practice or procedure 3 a right to equitable relief

87 Commencement not undone if repealed (1) If a provision of a law providing for the commencement of the law is repealed after the law has commenced, the repeal of the provision does not affect the continuing operation of the law. (2) If a commencement notice providing for the commencement of a law is repealed after the law has commenced, the repeal of the notice does not affect the continuing operation of the law. (3) This section does not limit any other provision of this chapter and is

88 Repeal does not end effect of transitional laws etc (1) The continuing operation of a transitional law or validating law is not affected only because the law is repealed. (2) Subsection (1) does not apply to a law that is a transitional law or validating law because of modifications that it makes to another law.

(3) If a law (the savings law) declares a law (the declared law) to be a law to which this section applies— (a) the effect of the declared law does not end only because of its repeal; and (b) the effect of the savings law does not end only because of its repeal. (4) A declaration may be made for subsection (3) about a law whether or not the Act is a law to which subsection (1) applies. (5) A declaration made for subsection (3) about a law does not imply that, in the absence of a declaration about it, another law is not a law to which this section applies. (6) This section does not limit any other provision of this chapter and is (8) To remove any doubt and without limiting section 6 (Legislation Act provisions must be applied), the application of this section to a law is not displaced only because the law is repealed and, in particular, the repeal of the law does not of itself imply an intention to displace the application of this section to the law. (9) In this section: transitional law means— (a) a law made or expressed to be made for a transitional purpose; or

(b) a law that makes provision consequential on a law mentioned in paragraph (a). 1 a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act 2 a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment 3 a declaration made for s (3) Note Transitional is defined in the dictionary to include application and savings. validating law means— (a) a law that validates something that is or may be invalid; or (b) a law that makes provision consequential on a law mentioned in paragraph (a). 1 a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done 2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way

89 Automatic repeal of certain laws and provisions (1) An amending law is automatically repealed on the day after— (a) all of its provisions have commenced; or (b) the last of its provisions that have not commenced are omitted or cannot commence. Example—provision that can no longer commence The ABC Act 2005 includes a provision that amends the XYZ Act 2000. Before the provision commences, the XYZ Act 2000 is repealed. The provision can, therefore, no longer commence.

(2) An appropriation Act is automatically repealed on the last day of the financial year for which it makes appropriations. (3) An amending provision of a law is automatically repealed immediately after all of the amendments and repeals made by it (or to which it relates) have commenced. (4) A commencement provision of a law is automatically repealed immediately after all of the provisions of the law have commenced. (5) A commencement notice is automatically repealed on the day after the day, or the last of the days, fixed or otherwise determined by the notice for the commencement of a law. (6) If an instrument making, or evidencing, an appointment (including an acting appointment) is a legislative instrument, the instrument is automatically repealed— (a) on the day the appointment ends; or (b) if the instrument makes 2 or more appointments that end on different days—on the day the last-ending appointment ends. (7) A repeal under this section has effect for all purposes, including, for example, any other provisions of this chapter about repeals. (8) If apart from this subsection a law would be automatically repealed on a day that is earlier than its notification day, the law is instead automatically repealed on the day after its notification day. (9) In the application of subsection (8) to a statutory instrument that is not a legislative instrument, a reference to the instrument’s notification day is a reference to the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.

(10) This section does not limit any other provision of this chapter. (12) In this section: amend does not include modify. amending law means a law that consists only of provisions of the following kinds: (a) for an Act—the Act’s long title; (b) a preamble or recital (however described); (c) a provision about the law’s name; (d) a provision about the law’s commencement; (e) a provision about the purposes of the law or any of its provisions; (f) a provision about the effect of notes; Note A note itself is not part of an Act or statutory instrument (see s 127). (g) a provision providing for the amendment or repeal of a law (including a provision identifying the amended or repealed law); (h) a provision declaring a law to be a law to which section 88 (Repeal does not end effect of transitional laws etc) applies; (i) a provision about the renumbering of a law; (j) a provision authorising or requiring something to be done under chapter 11 (Republication of Acts and statutory instruments).

amending provision, of a law, means a provision of the law that only amends or repeals a law, and includes— (a) any other provision (for example, a schedule) of the law that only identifies the law amended or repealed; and (b) any other provision (for example, a part heading) of the law that only identifies (or groups) provisions that are amended or repealed. appropriation Act—see the Financial Management Act 1996, dictionary. commencement provision, of a law, means a provision of the law that only provides for the commencement of the law.

90 Law and amending laws to be read as one A law and all laws amending it are to be read as one.

91 Insertion of provisions by amending law (1) This section applies if a law (the amending law) amends another law (the amended law) by inserting any of the following provisions, and does not exactly specify the position in the amended law where it is to be inserted: (a) a chapter, part, division, subdivision, section or subsection (an inserted chapter, part, division, subdivision, section or subsection); (b) a paragraph (an inserted paragraph); (c) a subparagraph (an inserted subparagraph); (d) a sub-subparagraph (an inserted sub-subparagraph); (e) a definition (an inserted definition); (f) any other provision (a miscellaneous inserted provision). (2) An inserted chapter, part, division, subdivision, section or subsection is inserted in the appropriate numerical or alphanumerical position in the amended law. (3) An inserted paragraph is inserted in the appropriate alphabetical position in the amended law. (4) An inserted subparagraph is inserted in the appropriate numerical or alphanumerical position in the amended law. (5) An inserted sub-subparagraph is inserted in the appropriate alphabetical position in the amended law.

(6) An inserted definition is inserted in the appropriate alphabetical position (worked out on a letter-by-letter basis) in a series of definitions in the amended law. (7) A miscellaneous inserted provision is inserted in the appropriate position in the amended law. (8) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law. (9) In working out the appropriate position where a provision is to be inserted in the amended law, regard may be had to the following: (a) the provision number or letter; (b) the heading of the relevant amending provision of the amending law; (c) any other amendments in the amending law including the order of amendments; (d) anything else in the amending law or amended law; (e) current legislative drafting practice. (10) This section is a determinative provision. (11) In this section: insert includes relocate.

92 Amendment to be made wherever possible (1) If a law amends another law— (a) by omitting a word; or (b) by substituting a word for another word; or

(c) by inserting a word before or after a particular word; the amendment is to be made wherever possible in the other law.

93 Provisions included in another provision for amendment purposes (1) This section applies for the purpose of amending a law. (2) The heading to a chapter, part, division, subdivision, schedule, dictionary, section or any other provision of the law forms part of the provision to which it is a heading. (3) An example at the end of a provision of the law is part of the provision unless the example is expressed in a way that indicates that it applies only to another provision. (4) A note at the end of a provision of the law is taken, for this section, to be part of the provision unless the note is expressed in a way that indicates that it applies only to another provision. (5) However, a note in a law is not, for any other purpose, part of the law. Note Section 127 (Material that is not part of Act or statutory instrument) deals with the status of notes. (6) A penalty at the end of a subsection of the law— (a) is part of the subsection unless the penalty is expressed in a way that indicates that it applies only to other subsections of the section; or (b) if the penalty is expressed in a way that indicates that it applies only to other subsections—is part of the section. (7) A penalty at the end of a section of the law that is not divided into subsections is part of the section.

(8) The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of the law is part of the provision. (9) In working out whether an example or note is at the end of a provision of the law, any penalty is to be disregarded, and, for an example, any note is to be disregarded. Note According to current legislative drafting practice, examples, notes and penalties to a provision are arranged in the following order at the end of provisions: 1 penalty (first) 2 examples 3 notes (last). (10) In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.

94 Continuance of appointments etc made under amended (a) a law expressly or impliedly authorises or requires— (i) the making of an appointment or statutory instrument; or (ii) the delegation of a function; or (iii) the issue of a licence or permit (however described); or (iv) the doing (however described) of anything else; and (b) the law is amended by another law; and

(c) under the amended law— (i) the appointment or statutory instrument may be made; or (ii) the function may be delegated; or (iii) the licence or permit may be issued; or (iv) the thing may be done; whether by the same or a different entity. Examples—par (a) (iv) 1 the giving of an approval, consent or permission 2 the making of a recommendation (2) An appointment, statutory instrument, delegation, licence, permit or anything else mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect as if it had been made, issued or done (however described) under the amended law. amend includes omit and re-enact in the same law (with or without changes), but does not include omit and re-enact in another law. appointment includes acting appointment.

95 Status of modifications (1) If a law is modified by another law, the law operates as modified but the modification does not amend the text of the law.

96 Relocated provisions (1) This section applies if a provision of a law is relocated (with or without changes) to a different place in the same law or to a different law. (2) The operation or meaning of the provision is not affected only because of the provision’s relocation. (3) Without limiting subsection (2), if before its relocation the provision was to be interpreted in a particular way, it is to be interpreted in that way in its new location. (4) However, the provision has effect subject to any changes made to, or in relation to, it.

97 Definitions—ch 10 (1) In this chapter: ACT law means an Act or statutory instrument. law means an ACT law or a law of another jurisdiction. law of another jurisdiction means an Act or statutory instrument of another jurisdiction, and includes a provision of an Act or statutory instrument of another jurisdiction. Note Another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand (see dict, pt 2). Act, in relation to another Territory, includes ordinance. statutory instrument, of another jurisdiction, means an instrument (whether or not legislative in nature) made under— (a) an Act of the other jurisdiction; or (b) another statutory instrument of the other jurisdiction; or (c) power given by an Act or statutory instrument of the other jurisdiction and also power given otherwise by law.

98 References to ACT law include law containing reference In an ACT law, a reference in general terms to an ACT law of the same kind includes a reference to the law itself. The ABC Act 2001, s 27 gives a power to confiscate property under certain circumstances. Section 93 of the same Act provides ‘If an Act authorises the confiscation of property, the owner of the property has a right of appeal to the Magistrates Court.’ The right of appeal under s 93 also applies to the power given by s 27 because the reference to ‘an Act’ in s 93 includes a reference to the ABC Act 2001.

99 References in ACT statutory instruments to the Act In a statutory instrument, a reference to Act or the Act, without mentioning a particular Act, is a reference to the Act under which the instrument is made or in force.

100 Referring to particular ACT laws (1) An Act may be referred to by— (a) the name the Act gives to itself; or (b) the year it was passed and its number, together with a reference (if necessary) to indicate that it is an Act. (2) A statutory instrument may be referred to by— (a) any name the instrument gives to itself; or (b) if the instrument was notified in the register, the gazette or otherwise under section 61 (2) (b) and was numbered under this Act or another territory law—the year it was notified and its number, together with a reference (if necessary) to the kind of instrument; or (c) if the instrument was not notified but was numbered under a territory law—the year it was made and its number, together with a reference (if necessary) to the kind of instrument; or

(d) if the instrument was notified in the gazette before the commencement of this Act—the number, date and page of the gazette where it was notified; or (e) the date it was made, together with a reference to the Act or statutory instrument under which it was made.

101 Referring to particular laws of other jurisdictions etc (1) In an ACT law, a law of another jurisdiction (the relevant law) may be referred to— (a) by the name the relevant law gives to itself; or (b) in any other way sufficient in a law of the other jurisdiction for referring to the relevant law; or (c) in any way that, under current legislative drafting practice, would be sufficient for referring to the relevant law if it were an ACT law; together with a reference to the jurisdiction (or an abbreviation of the jurisdiction). (2) In an ACT law, a provision of a law of another jurisdiction may be referred to— (a) in a way sufficient in a law of the other jurisdiction for referring to the provision; or (b) in any way that, under current legislative drafting practice, would be sufficient for referring to the provision if it were a provision of an ACT law. (3) Subsection (2) does not limit any other provision of this chapter.

102 References to laws include references to laws as in force from time to time (1) In an ACT law, a reference to a law includes a reference to the (a) the law as originally made, and as amended from time to time since it was originally made; (b) if the law has been repealed and remade (with or without changes) since the reference was made—the law as remade (or last remade), and as amended from time to time since it was remade (or last remade); (c) if a relevant provision of the law has been omitted and remade (with or without changes) in another law since the reference was made—the law in which the provision was remade (or last remade), as in force when the provision was remade (or last remade), and as amended from time to time since the provision was remade (or last remade). (2) In an ACT law, a reference to a provision of a law includes a reference to the following: (a) the provision as originally made, and as amended from time to time since it was originally made; (b) if the provision has been omitted and remade (with or without changes and whether in the law or another law) since the reference was made—the provision as remade (or last remade), and as amended from time to time since it was remade (or last remade). (3) To remove any doubt, if the name of a law is amended, a reference in an ACT law to the law by its name before the amendment includes a reference to the law by its name as amended. (4) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).

made includes enacted.

103 References to repealed laws In an ACT law, a reference to a law as repealed is a reference to the law as in force immediately before it was repealed.

104 References to laws include references to instruments under laws (1) In an ACT law, a reference (either generally or specifically) to a law includes a reference to the statutory instruments made or in force under the law. (2) In subsection (1), a reference to the statutory instruments made or in force under the law includes a reference to any law or instrument applied, adopted or incorporated (with or without change) under the law. (3) This chapter applies to an instrument applied, adopted or incorporated under a law as if— (a) the instrument were a law; and (b) any other necessary changes were made.

105 Referring to provisions of laws In an ACT law, a provision of a law may be referred to by reference to the provision of the law in which it is contained. Paragraph (b) of subsection (2) of section 10 of an Act may be referred to by reference to the section, subsection and paragraph, that is, as section 10 (2) (b).

106 References to provisions of laws are inclusive In an ACT law, a reference to any part of a law is a reference to the (a) the provision of the law that begins the part; (b) the provision of the law that ends the part; (c) any provision of the law between the beginning and end of the part. 1 A reference to ‘sections 5 to 9’ includes both section 5 and section 9. 2 A reference to ‘sections 260 to 264’ includes a provision such as a part heading between section 260 and section 261. 3 A reference to ‘from child to adult’ includes both the word ‘child’ and the word ‘adult’. 106A References to paragraphs etc of laws (1) In an ACT law, a reference to a paragraph of a provision of a law includes any words in the provision before or after the paragraph that are necessary or desirable to make the reference meaningful. Note Although this section contains a reference to an ACT law and a reference to a law, s 98 makes it clear that the references can be to the same law. paragraph includes a subparagraph and a sub-subparagraph.

Chapter 11 Republication of Acts and

107 Definitions—ch 11 law means an Act or statutory instrument, whether or not it has been amended, and includes— (a) a collection of 2 or more Acts or statutory instruments; or (b) all or part of an agreement or other instrument that has the force of law or is in, or attached to, an Act or statutory instrument. republication means a republication of a law.

108 Republication in register (1) The parliamentary counsel may republish a law by entering the text of the law in the register. (2) This section does not limit the ways in which the parliamentary counsel may republish a law.

109 Republications may be published with other information The parliamentary counsel may publish information not required by this chapter with a written or electronic version of an authorised republication if the parliamentary counsel considers that the information is likely to be useful to users of the republication.

General Part 11.1

110 Collections of laws (1) If the parliamentary counsel authorises under this Act the republication of 2 or more laws in a collection, this chapter applies to each of the laws in the collection as if it were republished separately. (2) This section does not prevent the use of— (a) a single contents for the collection; or (b) information applying to 2 or more laws in the collection.

Part 11.2 Substantive amendments made by laws Part 11.2 Substantive amendments made by laws 111 Incorporation of amendments (1) This section applies to a law if the law has been amended by another law by the omission, insertion, substitution, renumbering or relocation of provisions. (2) An authorised republication of the law must show the law as amended by all amendments that commenced on or before the day stated in the republication as the republication date. (3) This section does not prevent an authorised republication of the law showing the law as it would be amended by amendments that have not commenced on or before the republication date if the republication indicates, in a suitable place, that the amendments have not commenced.

112 Reference to amending laws An authorised republication of a law that shows the law as amended must include, in a suitable place, a reference to the law by which each amendment was made.

113 Provisions not republished or relocated (1) This part does not require— (a) every provision of a law to be shown in an authorised republication of the law; or (b) each provision of a law to be shown in an authorised republication of the law in the place in the law where it was located when the provision was made.

Substantive amendments made by laws Part 11.2 (2) If a provision of a law is not shown in an authorised republication, the republication must indicate that fact in a suitable place. (3) If a provision of a law is shown in an authorised republication in a different place in the law to the place where it was located when the provision was made, the republication must indicate that fact in a suitable place.

114 Authorisation for parliamentary counsel In preparing a law for republication, the parliamentary counsel is authorised— (a) to make editorial amendments and other textual amendments of a formal nature that the parliamentary counsel considers desirable to bring the law into line, or more closely into line, with current legislative drafting practice; and (b) to make other editorial changes by way of format, layout or printing style, or in any other presentational respect, that the parliamentary counsel considers desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

115 Amendments not to change effect This part does not permit the making of an amendment of a law that would change the effect of the law.

116 Ambit of editorial amendments (1) An editorial amendment of a law is an amendment that— (a) corrects a typographical error; or (b) corrects or updates a reference to a law, position, entity, place or thing; or (c) goes only to a matter of spelling, punctuation, grammar or syntax or the use of conjunctives and disjunctives; or (d) changes the name of the law or a provision of the law; or (e) numbers or renumbers a provision of the law; or (f) changes the order of definitions or other provisions of the law; or

Editorial changes Part 11.3 (g) replaces a reference to a provision of a law with a different form of reference to the provision; or (h) changes the way of referring to or expressing a number, year, date, time, amount of money, penalty, quantity, measurement, or other matter, idea or concept; or (i) replaces a word indicating gender or that could be taken to indicate gender in accordance with current legislative drafting practice; or (j) replaces a reference to the Queen, the King or the Crown with a reference to the Sovereign or the Territory; or (k) omits— (i) the enacting words or the law-making words (including any signatures); or (ii) a provision that consists only of a description of how the law is arranged into groups of provisions; or (iii) a provision that has expired, the operation of which is exhausted or spent or that is otherwise obsolete or redundant; or (l) omits, inserts or changes a referential term; or (m) inserts, omits or changes a note; or (n) updates a reference to the heading to a provision; or (o) is consequential on any amendment made to the law by another law; or

(p) is consequential on any other editorial amendment (whether made to that law or another law). Examples—consequential amendments—par (o) 1 If an amendment adds 1 or more subsections to a section that is not already divided into subsections, the subsection number (1) may be inserted. 2 If an amendment omits subsection (1) from a section with 2 subsections, the subsection number (2) may be omitted. 3 If an amendment omits subsection (2) from a series of 4 subsections (subsections (1) to (4)), subsections (3) and (4) may be renumbered as subsections (2) and (3). 4 If an amendment adds a new subsection (3A) to a series of 5 subsections (subsections (1) to (5)), the new subsection and subsections (4) and (5) may be renumbered as subsections (4), (5), and (6). 5 If an amendment omits paragraph (b) from a series of 4 paragraphs (paragraphs (a) to (d)), paragraphs (c) and (d) may be renumbered as paragraphs (b) and (c). 6 If an amendment adds a new paragraph (aa) to a series of 3 paragraphs (paragraphs (a) to (c)), the paragraphs may be renumbered as paragraphs (a), (b), (c) and (d). 7 If an amendment makes a change mentioned in any of examples 1 to 6, a cross- reference in any law to any of the provisions that have been renumbered may be correspondingly renumbered. 8 If an amendment adds a paragraph as the last paragraph in a series of paragraphs that end in a full stop, the full stop may be changed to a semicolon and, if the series of paragraphs is joined by a conjunction (eg ‘and’), the conjunction may be added after the semicolon. 9 If an amendment omits a section example from a section that has 2 section examples, the number of the remaining example may be omitted. 10 If an amendment adds a subsection note to a subsection that already has a subsection note, the notes may be numbered. law includes a law of another jurisdiction. law of another jurisdiction—see section 97 (1).

Editorial changes Part 11.3 referential term means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears. 1 of this Act 2 of this section 3 hereof 4 said

117 Legal effect of editorial changes (1) A law that is amended or otherwise changed under this part in preparing an authorised republication of the law has effect for all purposes, on and after the republication date, as if the changes had been made by an Act that commenced on the republication date. (2) Without limiting subsection (1), section 83 (Consequences of amendment of statutory instrument by Act) applies to an amendment made under this part as if the amendment had been made by an Act. (3) This section is subject to section 115 (Amendments not to change effect).

118 Reference to editorial amendments If a law is amended under this part in preparing an authorised republication of the law, the republication must indicate that fact in a suitable place.

Chapter 12 Scope of Acts and statutory

120 Act to be interpreted not to exceed legislative powers of (1) An Act is to be interpreted as operating to the full extent of, but not to exceed, the legislative power of the Legislative Assembly. (2) Without limiting subsection (1), if a provision of an Act would, apart from this section, be interpreted as exceeding the legislative power of the Legislative Assembly— (a) the provision is valid to the extent to which it does not exceed power; and (b) the remainder of the Act is not affected. (3) Without limiting subsection (1), if the application of a provision of an Act to a matter would, apart from this section, be interpreted as exceeding power, the provision’s application to other matters is not affected. (4) This section is in addition to any provision of the Act itself. Note For the equivalent provision for statutory instruments, see s 43.

121 Binding effect of Acts (1) An Act binds everyone, including people who are not Australian citizens and all governments. Note See the Self-Government Act, s 27 which provides that, except as provided by the regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth. See also s 120.

Scope of Acts and statutory instruments Chapter 12 (2) However, an Act does not bind the Territory to the extent that it requires or otherwise provides for the payment of money that, on payment, would form part of the public money of the Territory. (3) Also, subsection (1) does not make a government liable to be prosecuted for an offence. (4) To the extent that an Act does not bind a government, the same degree of immunity extends to a government entity in relation to an authorised act or omission of the entity. authorised—an act or omission of a government entity is authorised if— (a) for an instrumentality—the act or omission relates to a matter within the scope of the instrumentality’s functions; and (b) for an officer or employee of the government—the act or omission relates to a matter within the scope of the duties of the officer or employee; and (c) for a contractor who exercises a function on behalf of the government—the act or omission relates to a matter within the scope of the contract; and (d) for anyone else who exercises a function on behalf of the government—the act or omission relates to a matter within the scope of the person’s engagement. government includes the Territory, the Commonwealth, a State, another Territory or New Zealand.

government entity includes— (a) an instrumentality, officer or employee of the government; and (b) a contractor or anyone else who exercises a function on behalf of the government.

122 Application to Territory (1) In an Act or statutory instrument— (a) a reference to an entity or position by name or description is a reference to the entity or position of that name or description in or for the Territory; and (b) a reference to a place, jurisdiction or anything else by name or description is a reference to the place, jurisdiction or thing of that name or description in or for the Territory. (2) If the name of an entity or position established under an Act or statutory instrument includes the words ‘of the Australian Capital Territory’, ‘for the Australian Capital Territory’, ‘(ACT)’, or words having a similar effect, a reference in an Act or statutory instrument to the entity or position need not include the words.

General Part 13.1 Chapter 13 Structure of Acts and statutory 125 Meaning of law—ch 13 126 Material that is part of Act or statutory instrument (1) A heading to a chapter, part, division, subdivision, schedule, or another provision (other than a section or subsection), of or to an Act or statutory instrument is part of the Act or instrument. (2) A heading to a section or subsection of an Act or statutory instrument is part of the Act or instrument if— (a) the Act was enacted, or the instrument was made, after 1 January 2000; or (b) the heading was amended or inserted into the Act or instrument after 1 January 2000. (3) A preamble or other recital to an Act or statutory instrument is part of the Act or instrument. (4) An example or diagram in an Act or statutory instrument is part of the Act or instrument. (5) A schedule, dictionary or appendix to an Act or statutory instrument is part of the Act or instrument.

(6) Punctuation in an Act or statutory instrument is part of the Act or (7) A provision number in an Act or statutory instrument is part of the Act or instrument. (8) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or

127 Material that is not part of Act or statutory instrument (1) A footnote, endnote, or other note, in or to an Act or statutory instrument is not part of the Act or instrument. (2) A table of contents (however described), or reader’s guide or index, in or to an Act or statutory instrument is not part of the Act or (3) A heading to a section or subsection of an Act or statutory instrument is not part of the Act or instrument if section 126 (2) does not apply to the heading. (4) This section does not prevent the amendment of a note, table, guide, index or heading mentioned in subsection (1), (2) or (3). (5) However, such a note, table, guide or index does not become part of the Act or statutory instrument because it is amended or inserted by an Act or instrument.

General Part 13.1 (6) In applying this section to an Act or statutory instrument that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the Act or

130 What is a definition? A definition is a provision (however expressed) of an Act or statutory instrument that— (a) gives a meaning to a term; or (b) limits or extends the meaning of a term. Examples—definitions 1 X means Y. 2 X includes Y. 3 X means Y, and includes Z. 4 A reference to X is a reference to Y. 5 X—see section Y. 6 X—see the XYZ Act 1999, section Y. 7 In a proceeding against a person (the retailer), it is a defence if the retailer establishes that the goods were bought honestly. 8 excluded—a claim is excluded if the claim is not brought within 1 year after the day the claimant becomes aware of the failure to account to which the claim relates. 9 A term used in the XYZ Act 2003 has the same meaning in this Act. 10 A term defined in the XYZ Act 2003 has the same meaning in this Act. Note 1 Examples 5 and 6 illustrate signpost definitions, that is, definitions that do not themselves directly define a term but point the reader to the place where the term is defined (see s 131). Note 2 Example 7 illustrates a tagged-term definition (retailer) that takes its meaning from the context of the provision where the defined term is found. Note 3 Example 8 illustrates a definition that does not begin with the defined term. Note 4 For other provisions about definitions, see pt 15.2.

131 Signpost definitions (1) In an Act or statutory instrument, a definition of a term that includes the word ‘see’ followed by a reference to a law or instrument (a signpost definition) means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time. 1 A signpost definition ‘food—see section 10.’ in the dictionary to an Act means that the word ‘food’ when used in the Act has the same meaning as it has in section 10, as in force from time to time. 2 A signpost definition ‘injury—see the XYZ Act 2001, dictionary.’ in the dictionary to another Act means that the word ‘injury’, when used in the other Act, has the same meaning as it has in the definition of injury in the XYZ Act 2001, dictionary, as in force from time to time. 3 A signpost definition ‘Work Safety Council—see the XYZ Act 2000, dictionary, definition of council.’ means that the expression ‘Work Safety Council’ has the same meaning as the word ‘council’ has in the definition of council in the XYZ Act 2000, dictionary, as in force from time to time. (2) This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument). instrument includes a provision of an instrument. law includes a law, or a provision of a law, of the Commonwealth, a State or another Territory. Note For other provisions about definitions, see pt 15.2.

132 Examples (1) An example in an Act or statutory instrument— (a) is not exhaustive; and (b) may extend, but does not limit, the meaning of the Act or instrument, or the particular provision to which it relates. (2) An example may take either of the following forms: (a) a statement at the end of the provision it illustrates (or at the end of a provision containing the provision it illustrates); (b) a statement forming part of the text of a provision that illustrates the operation of the provision, whether or not the words ‘for example’ are used. (3) Subsection (2) does not limit the form that an example may take.

133 Penalty units (1) In a law, if a penalty for an offence is expressed as a number (whether whole or fractional) of penalty units, the penalty for the offence is a fine of that number of penalty units. (2) A penalty unit is— (a) for an offence committed by an individual—$160; or (b) for an offence committed by a corporation—$810. (3) The Attorney-General must review the amount of a penalty unit at least once every 4 years after the day this subsection commences.

134 Penalties at end of sections and subsections (1) This section applies if a penalty (however expressed) is stated in a law— (a) at the end of a section (whether or not the section is divided into subsections) and not expressed in a way that indicates that it applies only to a provision of the section; or (b) at the end of a subsection (but not at the end of a section) and not expressed in a way that indicates that it applies only to a provision of the subsection; or (c) at the end of a section or subsection and expressed in a way that indicates that it applies only to a provision of the section or subsection (the relevant provision). the following penalty at the end of a section: ‘Maximum penalty: 20 penalty units.’ Example—par (b) the following penalty at the end of a subsection, but not at the end of a section: ‘Maximum penalty: 20 penalty units.’ Examples—par (c) 1 the following penalty at the end of a section divided into subsections: ‘Maximum penalty (subsection (3)): 20 penalty units.’. 2 the following penalty at the end of a subsection, but not at the end of a section: ‘Maximum penalty: (a) for paragraph (b)—20 penalty units; or (b) for another paragraph—50 penalty units, imprisonment for 6 months or both.’

(2) If an offence is not expressly mentioned in the section, subsection or relevant provision, the penalty indicates that contravention of the section, subsection or relevant provision is an offence punishable on conviction as provided by subsection (4). Example—penalty applying to entire section or subsection A person must not contravene a notice. Example—penalty applying to a stated provision (2) The register of transactions— (a) may be kept in electronic form; and (b) must contain the particulars mentioned in section 91C. Maximum penalty (paragraph (b)): 20 penalty units. (3) If an offence is expressly mentioned in the section, subsection or relevant provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4). Example—penalty applying to entire section or subsection A person who contravenes a notice commits an offence. Example—penalty applying to a stated provision (2) If a person keeps the person’s identity card after ceasing to be an officer— (a) the person commits an offence; and (b) the identity card is forfeited to the Territory. Maximum penalty (paragraph (a)): 20 penalty units. (4) The penalty that may be imposed for the offence is— (a) if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or (b) if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum. (5) If— (a) a penalty (however expressed) is stated in a law at the end of a section divided into subsections; and

(b) another penalty (however expressed) is stated at the end of another subsection of the section; and (c) the first penalty is not expressed in a way that indicates that it applies only to a particular provision of the last subsection; the first penalty is taken, for this section, to be expressed in a way that indicates that it applies only to the last subsection. In the following example, s (4) is the last subsection and the penalty stated at the end applies only to that subsection: ‘(2) A permit holder must record all transactions under this Act. (3) If a permit holder is convicted of an offence against subsection (2), the registrar must cancel the permit. (4) A permit holder must not sell a declared substance in contravention of this Act. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.’. (6) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded.

135 Penalties not at end of sections and subsections (1) This section applies if a penalty (however expressed) is stated in a provision of a law other than at the end of a section or subsection. (2) If an offence is expressly mentioned in the provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4). A person who contravenes s (3) commits an offence punishable by a fine of not more than 20 penalty units.

(3) If an offence is not expressly mentioned in the provision, the penalty indicates that contravention of the provision (or a stated part of the provision) is an offence punishable on conviction as provided by subsection (4). A person who contravenes s (3) must pay a fine of not more than 20 penalty units. (4) The penalty that may be imposed for the offence is— (a) if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or (b) if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum. (5) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded.

Purpose and scope Part 14.1 Chapter 14 Interpretation of Acts and Part 14.1 Purpose and scope 136 Meaning of Act—ch 14 Act includes a statutory instrument. Note Section 7 (3) provides that a reference to an Act includes a reference to a provision of an Act. Section 13 (3) provides that a reference to a statutory instrument includes a reference to a provision of a statutory instrument.

137 Purpose and scope—ch 14 (1) The purpose of this chapter is to provide guidance about the interpretation of Acts. (2) This chapter is not intended to be a comprehensive statement of the law of interpretation applying to Acts. (3) In particular, this chapter assumes that common law presumptions operate in conjunction with this chapter. (4) Subsection (3) also applies to common law presumptions that come into existence after the commencement of this chapter.

138 Meaning of working out the meaning of an Act—pt 14.2 working out the meaning of an Act means— (a) resolving an ambiguous or obscure provision of the Act; or (b) confirming or displacing the apparent meaning of the Act; or (c) finding the meaning of the Act when its apparent meaning leads to a result that is manifestly absurd or is unreasonable; or (d) finding the meaning of the Act in any other case.

139 Interpretation best achieving Act’s purpose (1) In working out the meaning of an Act, the interpretation that would best achieve the purpose of the Act is to be preferred to any other interpretation. (2) This section applies whether or not the Act’s purpose is expressly stated in the Act. Note The Human Rights Act 2004, s 30 (which is about interpreting legislation to be consistent with human rights) is also relevant to interpreting territory laws.

140 Legislative context In working out the meaning of an Act, the provisions of the Act must be read in the context of the Act as a whole. 1 The long title of an Act provides that it is an Act to give certain benefits to the holders of pensioner cards. Section 4 provides ‘This Act applies to a holder of a pensioner card’. Section 22 provides that the commissioner may grant ‘a person’ an exemption from payment of rates. The Act does not contain a definition of ‘person’. Section 22 must be read in the context of the Act as a whole so that the commissioner may only grant exemptions to people who are holders of pensioner cards.

Key principles of interpretation Part 14.2 2 The Drug Testing Regulation 2001 (made under the Drug Testing Act 2000 (hypothetical)), s 6 contains the following heading: 6 Corresponding law—Act, s 100, def corresponding law The heading indicates that the section has been made for the definition of corresponding law in the Drug Testing Act 2000, s 100. 3 Section 12 (1) of a subordinate law refers to ‘a non-conviction order under the Crimes (Sentencing) Act 2005’. No other kind of order is mentioned in the section and the word ‘order’ is not otherwise defined in the subordinate law. Subsections (2), (4), (7) and (9) of the same section, which only refer to ‘the order’, are to be understood as referring to the order mentioned in s (1). Note See s 126 and s 127 for material that is, or is not, part of an Act or

141 Non-legislative context generally (1) In working out the meaning of an Act, material not forming part of the Act may be considered. Note 1 See s 146 for the meaning of may and must. Note 2 See s 126 and s 127 for material that is, or is not, part of an Act or Note 3 See s 142 for material that may be considered in working out the meaning of an Act or statutory instrument. (2) In deciding whether material not forming part of an Act should be considered in working out the meaning of the Act, and the weight to be given to the material, the following matters must be taken into account: (a) the desirability of being able to rely on the ordinary meaning of the Act, having regard to the purpose of the Act and the provisions of the Act read in the context of the Act as a whole; (b) the undesirability of prolonging proceedings without compensating advantage; (c) the accessibility of the material to the public.

(3) Subsection (2) does not limit the matters that may be taken into account. (4) For subsection (2) (c), material in the register is taken to be accessible to the public. Note The register is the ACT legislation register (see dict, pt 2, def register).