121Binding effect of Acts

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.