2ANotes

2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3 Termination of Act (1) The Chief Minister may, in writing, fix a day when this Act is to expire. (2) The day must not be earlier than 12 months after the day the instrument is notified under the Legislation Act 2001. (3) This Act expires on the day fixed by the Chief Minister. (4) An instrument under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. Section 4 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Meaning of Commonwealth Act In this Act: Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155). Commonwealth Act means the Act of the Parliament of the Commonwealth, enacted as referred to in section 5 (1), and as amended and in force from time to time. 5 Request for Commonwealth legislation (1) The Legislative Assembly requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in schedule 1 and, subject to subsection (2), the continuation in force of the Act when so enacted. (2) The Legislative Assembly requests the Parliament of the Commonwealth to amend the Commonwealth Act (other than the schedules) but only in terms that are approved by the designated person for each of the then participating jurisdictions. (3) For this section, a participating jurisdiction is— (a) a State for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, matters to which schedule 1 relates, or that adopts the Commonwealth Act, under the Constitution, section 51 (37); or (b) the ACT or the Northern Territory (while there is in force an Act of the Legislative Assembly of the Northern Territory that requests the Parliament of the Commonwealth to enact the Commonwealth Act or that enables the Commonwealth Act to apply in relation to the Northern Territory). Section 6 page 4 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For this section, the designated person for the ACT is the Chief Minister, for a State is the Governor and for the Northern Territory is the Administrator. 6 Approval of amendments of Cwlth Act (1) For section 5 (2), the Chief Minister may, in writing, approve the terms of amendments of the Commonwealth Act. (2) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001.