38Regulation-making power

38 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The Executive must consult with the ombudsman and the relevant Assembly committee before making a regulation under this Act.

(3) Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences— (a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or (b) on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or (c) if the regulation provides for a later date or time of commencement—on that date or at that time.

(see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • ACAT • ACT • administrative unit • adult • bankrupt or personally insolvent • body • child • commissioner for fair trading • Commonwealth • coroner • director-general (see s 163) • exercise • function • head of service • human rights commission • judge • Legislative Assembly • magistrate • National Electricity (ACT) Law • public sector standards commissioner • public servant • public service • sitting day • Speaker • State • the Territory.

agency means an administrative unit or a prescribed authority. authorised person means a person appointed by the ombudsman to be an authorised person for the purposes of this Act. child sex offenders register—see the Crimes (Child Sex Offenders) Act 2005, section 117. designated entity, for division 2.2A (Reportable conduct)—see section 17EA. employee, of a designated entity, for division 2.2A (Reportable conduct)—see section 17EAC. enactment means an Act or subordinate law, but does not include the National Electricity (ACT) Law or National Electricity (ACT) Regulation. head, of a designated entity, for division 2.2A (Reportable conduct)—see section 17EAA. investigation, of a matter, for division 2.2A (Reportable conduct)— see section 17D. investigation information for division 2.2A (Reportable conduct)— see section 17D. officer means— (a) in relation to an administrative unit— (i) a public servant (including the principal officer of that administrative unit) who is a member of that administrative unit; or (ii) any other person (not being a Minister) authorised to exercise powers or perform functions on behalf of that administrative unit by the principal officer of that administrative unit; and

(b) in relation to a prescribed authority— (i) the person who constitutes, or is acting as the person who constitutes, the authority; or (ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; or (iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or (iv) a person authorised by the authority to exercise any powers or perform any functions of the authority on behalf of the authority. ombudsman, of a State, includes a person exercising, under a law of a State, functions similar to the functions exercised by the ombudsman under part 2 (Establishment, functions, powers and duties of ombudsman). Note State includes the Northern Territory (see Legislation Act, dict, pt 1). out-of-home carer, for division 2.2A (Reportable conduct)—see section 17D. prescribed authority means— (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than— (i) an incorporated company or association; or (ii) a body that, under section 3 (1) (Entities not necessarily prescribed authorities) or the regulations, is not a prescribed authority for the purposes of this Act; or (b) any other body, whether incorporated or unincorporated, that is declared by the regulations to be a prescribed authority for the purposes of this Act, being— (i) a body established by the Executive or by a Minister; or