2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Statute Law Amendment Bill 2002

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Purpose	2
	4	Notes	2
	5	Acts and regulations amended—schs 1-3	2
	6	Acts repealed—sch 4	3
Schedule 1	Minor amendments	4
Part 1.1	Evidence (Miscellaneous Provisions) Act 1991	4
Part 1.2	Health and Community Care Services Act 1996	4
Schedule 2	Structural amendments	6
Part 2.1	Legislation Act 2001	6
Schedule 3	Technical amendments	11
Part 3.1	ACTEW/AGL Partnership Facilitation Act 2000	11
Part 3.2	ACTION Authority Act 2001	12
Part 3.3	Animal Welfare Regulations 2001	22
Part 3.4	Architects Act 1959	23
Part 3.5	Auditor-General Act 1996	24
Part 3.6	Building Regulations Amendment SL 2001 No 21	31
Part 3.7	Community Title Act 2001	31
Part 3.8	Compensation (Fatal Injuries) Act 1968	35
Part 3.9	Conveyancing Act 1919	39
Part 3.10	Conveyancing and Law of Property Act 1898	50
Part 3.11	Court Security Act 2001	55
Part 3.12	Crimes (Forensic Procedures) Act 2000	57
Part 3.13	Crown Proceedings Act 1992	59
Part 3.14	Dangerous Goods Act 1975	61
Part 3.15	Dangerous Goods Regulations 1978	79
Part 3.16	Defamation Act 2001	83
Part 3.17	Dental Technicians and Dental Prosthetists Registration Act 1988	85
Part 3.18	Domestic Animals Act 2000	86
Part 3.19	Domestic Animals Regulations 2001	95
Part 3.20	Eggs (Labelling and Sale) Act 2001	96
Part 3.21	Electoral Act 1992	97
Part 3.22	Electoral Regulations 1993	137
Part 3.23	Electronic Transactions Act 2001	138
Part 3.24	Executive Documents Release Act 2001	140
Part 3.25	Financial Management Act 1996	142
Part 3.26	Financial Management Legislation Amendment Act 2001 No 45	144
Part 3.27	Firearms Act 1996	144
Part 3.28	Firearms Regulations 1997 SL 1997 No 13	145
Part 3.29	Fisheries Act 2000	145
Part 3.30	Fisheries Regulations 2001	146
Part 3.31	Food Act 2001	146
Part 3.32	Gaming Machine Act 1987	149
Part 3.33	Government Procurement Act 2001	150
Part 3.34	Government Solicitor Act 1989	153
Part 3.35	Guardianship and Management of Property Act 1991	154
Part 3.36	Health and Community Care Services Act 1996	155
Part 3.37	Health Professions Boards (Procedures) Act 1981	156
Part 3.38	Land (Planning and Environment) Act 1991	157
Part 3.39	Land (Planning and Environment) Regulations 1992	210
Part 3.40	Leases (Commercial and Retail) Act 2001	225
Part 3.41	Legislative Assembly (Broadcasting) Act 2001	230
Part 3.42	Legislative Assembly Precincts Act 2001	231
Part 3.43	Legislation (Consequential Amendments) Act 2001	232
Part 3.44	Liquor Act 1975	233
Part 3.45	Low-alcohol Liquor Subsidies Act 2000	234
Part 3.46	Magistrates Court Act 1930	236
Part 3.47	Major Events Security Act 2000	239
Part 3.48	Mediation Act 1997	240
Part 3.49	Mental Health (Treatment and Care) Act 1994	242
Part 3.50	National Environment Protection Council Act 1994	243
Part 3.51	Plumbers, Drainers and Gasfitters Board Act 1982	243
Part 3.52	Pounds Act 1928	244
Part 3.53	Prisoners’ Interstate Leave Act 1997	245
Part 3.54	Prostitution Act 1992	250
Part 3.55	Protection Orders Act 2001	254
Part 3.56	Public Health Regulations 2000	258
Part 3.57	Public Place Names Regulations 2001	258
Part 3.58	Race and Sports Bookmaking Act 2001	258
Part 3.59	Rehabilitation of Offenders (Interim) Act 2001	260
Part 3.60	Rehabilitation of Offenders (Interim) Regulations 2001	266
Part 3.61	Residential Tenancies Act 1997	266
Part 3.62	Roads and Public Places Act 1937	267
Part 3.63	Road Transport (Alcohol and Drugs) Act 1977	278
Part 3.64	Road Transport (Dimensions and Mass) Act 1990	279
Part 3.65	Road Transport (Dimensions and Mass) Regulations 2000	280
Part 3.66	Road Transport (Driver Licensing) Act 1999	281
Part 3.67	Road Transport (Driver Licensing) Regulations 2000	285
Part 3.68	Road Transport (General) Act 1999	287
Part 3.69	Road Transport (General) Regulations 2000	300
Part 3.70	Road Transport (Public Passenger Services) Act 2001	301
Part 3.71	Road Transport (Public Passenger Services) Act 2001 No 62	305
Part 3.72	Road Transport (Safety and Traffic Management) Act 1999	305
Part 3.73	Road Transport (Safety and Traffic Management) Regulations 2000	308
Part 3.74	Road Transport (Vehicle Registration) Act 1999	310
Part 3.75	Road Transport (Vehicle Registration) Regulations 2000	313
Part 3.76	Sale of Motor Vehicles Act 1977	314
Part 3.77	Smoke-free Areas (Enclosed Public Places) Regulations 1994	317
Part 3.78	Stadiums Authority Act 2000	317
Part 3.79	Statute Law Amendment Act 2001 (No 2)	328
Part 3.80	Supreme Court Act 1933	328
Part 3.81	Surveyors Act 2001	351
Part 3.82	Tobacco Act 1927	356
Part 3.83	Tree Protection (Interim Scheme) Act 2001	358
Part 3.84	Unit Titles Act 2001	363
Part 3.85	Unit Titles Regulations 2001	367
Part 3.86	University of Canberra Act 1989	368
Part 3.87	Unlawful Games Act 1984	380
Part 3.88	Utilities (Telecommunications Installations) Act 2001	380
Part 3.89	Utility Networks (Public Safety) Regulations 2001	383
Part 3.90	Waste Minimisation Act 2001	383
Part 3.91	Waste Minimisation Regulations 2001	387
Part 3.92	Water and Sewerage Regulations 2001	388
Part 3.93	Workers Compensation Act 1951	388
Schedule 4	Repeal of redundant or obsolete Acts	390
Part 4.1	Act that is no longer needed	390
Part 4.2	Amending Acts without substantive provisions	390
Part 4.3	Amending Acts with substantive provisions	391

2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Statute Law Amendment Bill 2002

A Bill for
An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision  

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Statute Law Amendment Act 2002.
2	Commencement
	(1)	This Act commences on the day after its notification day.
	(2)	However, a date or time provided by a special commencement provision for an amendment made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment.
	(3)	In this section:
special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: 12 July 2001)’ means that the amendment is taken to have commenced on 12 July 2001.
3	Purpose
The purpose of this Act is to improve the quality of the statute law of the Territory by amending or repealing Acts and regulations for the purpose of statute law revision.
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
5	Acts and regulations amended—schs 1-3
Schedules 1 to 3 amend the Acts and regulations mentioned in them.
6	Acts repealed—sch 4
	(1)	Schedule 4 repeals the Acts mentioned in it.
	(2)	The Financial Sector Reform (ACT) Act 1999 and the University of Canberra (Transfer) Act 1997 are declared to be laws to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.

Schedule 1	Minor amendments
(see s 5)
Part 1.1	Evidence (Miscellaneous Provisions) Act 1991
[1.1]	Section 4 (b)
substitute
	(b)	for proceedings of a kind mentioned in section 5 (a), (b), (c) or (e) that relate to the alleged commission of a sexual offence—the complainant.
Explanatory note
This amendment brings the language of the paragraph into line with current drafting practice and updates a cross-reference that was inadvertently missed when the Act was amended by the Protection Orders (Consequential Amendments) Act 2001.  The amendment will ensure that the provisions of the Evidence (Miscellaneous Provisions) Act 1991, part 2 (which is about the giving of evidence of sexual offences by children) apply to proceedings under the Protection Orders Act 2001.  The provisions of the part previously applied to proceedings under the Domestic Violence Act 1986, now named the Domestic Violence Agencies Act 1986, which was largely replaced by the Protection Orders Act 2001.  The amendment is explained further in the explanatory memorandum.
Part 1.2	Health and Community Care Services Act 1996
[1.2]	New section 32 (3) and (4)
insert
	(3)	For subsection (1), a determination may adopt a health benefits agreement (or a provision of a health benefits agreement) as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	In this section:
health benefits agreement means an agreement between the service or the Territory and an entity that provides health benefits to contributors of a health benefits fund conducted by the entity.
Explanatory note
This amendment provides for a determination of fees and charges to adopt the charges set out in agreements, as in force from time to time, with health benefits organisations.  This approach removes the need for a determination to set out a voluminous number of charges that have been agreed with health benefits organisations and for the determination to be revised each time a charge is altered.

Schedule 2	Structural amendments
(see s 5)
Part 2.1	Legislation Act 2001
[2.1]	Section 36 (1) (g)
substitute
	(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; 
Explanatory note
This amendment makes 2 minor changes to the paragraph that provides that a regulatory impact statement is not required for uniform or complementary legislation.  First, this amendment adds New Zealand to the jurisdictions that can be involved.  Many uniform or complementary legislative schemes now involve New Zealand as well as the Commonwealth, States and other Territories.  Second, this amendment clarifies the nature of uniform legislation to which the paragraph applies.  Under the existing paragraph the Territory law must be substantially uniform with legislation of another jurisdiction.  This amendment changes this to require that the Territory law be part of a uniform scheme of legislation.  This amendment more accurately reflects the nature of uniform legislative schemes and recognises that uniform legislative schemes do not always require a Territory law that is substantially uniform with the law of another jurisdiction.  For example, the scheme may provide for a Territory law to give legislative force in the ACT to legislation enacted in another jurisdiction.  The uniform credit scheme is an example of such a uniform legislative scheme.
[2.2]	Section 54 (1), new note
insert
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws (see that Act, s 5).
Explanatory note
This amendment adds a note about the legislation under which statutory declarations for ACT laws are made.
[2.3]	Section 89 (3) and (4)
omit
on the day
substitute
immediately
(commencement: 12 September 2001)
Explanatory note
The Parliamentary Counsel’s Office endeavours to republish all new laws on the legislation register on the day they commence.  The office also republishes a new version of republished laws every time the law is affected by an amendment, modification or expiry.  Section 89 (3) and (4) presently provides for the automatic repeal of amendment and commencement provisions on the day after they have commenced.  Under this amendment the repeal will happen immediately after the provisions have fully operated.  This amendment will allow the Parliamentary Counsel’s Office to maintain its existing republication practices without the need to prepare an additional version of every new law on the day after the day of its commencement.  This amendment is backdated to the establishment of the legislation register.
[2.4]	Section 91 (9), example 4
omit
new section 7A, division 2.2
substitute
Division 2.2, new section 7A
Explanatory note
This amendment brings the example into line with current drafting practice relating to amendments.
[2.5]	Section 91 (9), example 5
omit
new section 7A, division 2.3
substitute
Division 2.3, new section 7A
Explanatory note
This amendment brings the example into line with current drafting practice relating to amendments.
[2.6]	Section 106 (1), example
substitute
Example
A reference to the ‘XYZ Act 2000 (repealed)’ is a reference to the XYZ Act 2000 immediately before it was repealed.
Explanatory note
This amendment brings the example into line with current drafting practice relating to references to repealed laws.
[2.7]	Section 126 (2) (b)
omit
another Act
substitute
the Act
Explanatory note
This amendment clarifies the operation of the section.
[2.8]	Section 146 (6), new definition of inserted
insert
inserted, for a provision, includes inserted in substitution for another provision.
Explanatory note
This amendment makes it clear that the rules in section 146 about the meaning of may and must apply to provisions inserted in substitution for other provisions.
[2.9]	Section 246, definition of home address
omit
under the law
substitute
under a law
Explanatory note
This amendment corrects a minor typographical error.
[2.10]	Dictionary, part 1, new definitions 
insert
custodial escort means a person appointed as an escort under the Custodial Escorts Act 1998, section 4.
director of corrective services means the Director of Corrective Services under the Periodic Detention Act 1995.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.
remand centre means an area declared under the Remand Centres Act 1976 to be a remand centre or a temporary remand centre.
remand centre administrator means the Administrator under the Remand Centres Act 1976, section 6.
sentence administration board means the Sentence Administration Board under the Rehabilitation of Offenders (Interim) Act 2001.
Explanatory note
The dictionary, part 1 contains definitions of entities, officials, things and concepts that are used from time to time in ACT laws.  Once a term is defined in the dictionary, part 1 it applies to all ACT laws and does not need to be repeated in individual laws.
[2.11]	Dictionary, part 1, definition of under
substitute
under, in relation to an Act or statutory instrument or a provision of an Act or statutory instrument, includes the following:
	(a)	by;
	(b)	by virtue of;
	(c)	for or for the purposes of;
	(d)	in accordance with;
	(e)	in pursuance of;
	(f)	pursuant to;
	(g)	within the meaning of.
Explanatory note
This amendment adds paragraphs (b), (e) and (f) to cover other phrases that are equivalent to the word under in most legislative contexts and brings the definition into line with current drafting practice.

Schedule 3	Technical amendments
(see s 5)
Part 3.1	ACTEW/AGL Partnership Facilitation Act 2000
[3.1]	Section 25 (2) (a)
omit
the discharge by ACTEW of any of its powers or functions as employer, other than a power or function
substitute
the exercise by ACTEW of any of its functions as employer, other than a function
Explanatory note
This amendment updates language.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include power.  These are the drafting terms that are now used in relation to functions and powers.
[3.2]	Section 32 (2)
omit
is guilty of
insert
commits
Explanatory note
This amendment brings language into line with current drafting practice.
[3.3]	Section 34 (1)
omit 
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
Part 3.2	ACTION Authority Act 2001
[3.4]	Section 3
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘relevant person, for division 5.1 (Conduct of persons associated with the authority—see section 30.’ means that the term ‘relevant person’ is defined in that section and the definition applies to that division.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment.
[3.5]	Section 5 (g) and (h)
substitute
	(g)	to exercise any other function given to it under this Act or another Territory law; and
	(h)	to carry out activities incidental to its other functions.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Explanatory note
This amendment brings the paragraphs into line with current drafting practice and adds a standard note about necessary and convenient powers related to a function.  This amendment is consequential on the omission of section 6 by another amendment.
[3.6]	Section 6
omit
Explanatory note
This section is no longer necessary because of the Legislation Act 2001, section 196 (1).  That subsection provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function. 
[3.7]	Section 9 (2) (b)
omit
performs
substitute
exercises
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.8]	Section 10 
substitute
10	Constitution of board
	(1)	The board consists of the directors.
	(2)	The directors of the authority are—
	(a)	the appointed directors; and
	(b)	the chief executive.
	(3)	However, the board consists of only the appointed directors when it is considering or deciding—
	(a)	the appointment, or the ending of the appointment, of the chief executive; or
	(b)	the chief executive’s conditions of appointment.
Explanatory note
This amendment brings the section into line with current drafting practice and omits section 10 (4) which is no longer necessary because of the Legislation Act 2001, section 199 (4).  That subsection provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership.
[3.9]	Section 11 (1), new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
Explanatory note
This amendment adds a standard note about appointments.
[3.10]	Section 11 (3)
substitute
	(3)	An appointment must not be for a term longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment brings the subsection into line with current drafting practice and adds a standard note about reappointment.
[3.11]	Section 13
omit
discharge of his or her functions
substitute
exercise of a function
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.12]	Section 14, heading
substitute
14	Ending of appointment of director
Explanatory note
This amendment brings the section’s heading into line with current drafting practice.
[3.13]	Section 14 (1)
omit
terminate
substitute
end
Explanatory note
End is the drafting term that is now used in relation to appointments.
[3.14]	Section 14 (1) (f) (i)
substitute
	(i)	punishable by imprisonment for 1 year or more; or
Explanatory note
This amendment brings the language of the subparagraph into line with current drafting practice.
[3.15]	Section 14 (1), new note
insert
Note	An appointed director’s appointment also ends if the director resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment adds a standard note about resignation from an appointment.
[3.16]	Section 14 (2)
substitute
	(2)	The Minister may end the appointment of an appointed director if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the directors, to recommend to the Minister that the director’s appointment be ended.
Explanatory note
This amendment updates language by changing the references to the termination of an appointment to the ending of an appointment.  End is the drafting term that is now used in relation to appointments.
[3.17]	Section 15 (1)
omit 
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
[3.18]	Section 16
substitute
16	Calling meetings of board
	(1)	The chairperson or, if the chairperson cannot do so, the deputy chairperson—
	(a)	may at any time call a meeting of the board; and
	(b)	must call a meeting of the board if asked by the Minister or, in writing, by at least 2 directors.
	(2)	A person who calls a meeting of the board must give the other directors reasonable notice of the time and place of the meeting.
Explanatory note
This amendment updates language and simplifies the section in accordance with current drafting practice.
[3.19]	Division 3.1, heading
omit
Explanatory note
This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.
[3.20]	Section 19
substitute
19	Appointment of chief executive
	(1)	The authority must appoint a person as the chief executive of the authority.
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
	(2)	The chief executive’s conditions of appointment are the conditions agreed to between the authority and the chief executive.
	(3)	However, the authority may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the board.
	(4)	Despite any agreement under subsection (2), the authority may end the appointment of a chief executive without compensation if the chief executive contravenes section 20 (2) or division 5.1 (Conduct of persons associated with the authority).
Note	The chief executive’s appointment also ends if the chief executive resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment brings the section into line with current drafting practice and omits section 19 (2) which is no longer necessary because of the Legislation Act 2001, section 209 (1).  That subsection provides that a power of appointment includes the power to make acting appointments during vacancies and when the person holding the position cannot exercise the functions of the position.
[3.21]	Section 20, heading
substitute
20	Functions of chief executive
Explanatory note
This amendment is consequential on the omission of the division headings of part 3 by other amendments.
[3.22]	Section 20 (2)
omit
performing
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.23]	Division 3.2, heading
omit
Explanatory note
This amendment simplifies the structure of part 3 consequential on the relocation of section 22 by another amendment.
[3.24]	Section 22 (3)
omit
on account
substitute
because
Explanatory note
This amendment updates language.
[3.25]	Section 22 (as amended)
renumber as section 36AA and relocate after section 36
Explanatory note
This amendment relocates the section to a more appropriate place in the Act (the part that deals with transitional matters).  The section will expire on 31 December 2003 when the transitional part expires but section 40 will preserve any ongoing operation of the section.
[3.26]	Section 25 (1)
substitute
	(1)	The Minister may give written directions to the authority in relation to the exercise of its functions.
Explanatory note
This amendment brings the subsection into line with current drafting practice by updating language.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.27]	Section 25 (3)
substitute
	(3)	The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.
Explanatory note
This amendment brings the subsection into line with current drafting practice by updating language.  Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.
[3.28]	Section 26 (3)
substitute
	(3)	The Minister must present a copy of each business plan given to the Minister under subsection (2) to the Legislative Assembly within 6 sitting days after the day the Minister receives it.
Explanatory note
This amendment brings the subsection into line with current drafting practice by updating language.  Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.
[3.29]	Part 6, heading
substitute
Part 6	Transitional provisions
Explanatory note
This amendment retitles the part in accordance with current drafting practice. 
[3.30]	Section 40 (1)
substitute
	(1)	This part, and the definition of commencement day in the dictionary, expire on 31 December 2003.
Explanatory note
This amendment provides for the omission of a definition that will become spent on the omission of the transitional provisions.
[3.31]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	chief executive
·	contravene
·	exercise 
·	function.
appointed director means a person appointed to be a director of the authority under section 11 (1).
authority means the ACTION Authority established under section 4 (1). 
board means the board of management of the authority established under section 8.
chief executive means a person appointed as the chief executive under section 19.
commencement day means 1 January 2002.
director means a director of the authority.
relevant person, for division 5.1 (Conduct of persons associated with the authority)—see section 30.
Explanatory note
This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.  The definitions have been updated, and a new signpost definition of relevant person added, in accordance with current drafting practice. 
Part 3.3	Animal Welfare Regulations 2001
[3.32]	Regulation 8 (5)
omit
regulation
substitute
subregulation
Explanatory note
This amendment corrects a reference to a provision name.
Part 3.4	Architects Act 1959
[3.33]	Section 17 (6) and (7)
omit
Explanatory note
Section 17 (6) vests jurisdiction in the Supreme Court to hear appeals under the section.  This provision is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.
Section 17 (7) seeks to remove the Supreme Court’s power to review a decision of the board under section 26 in relation to an application for registration by a person who has been removed from the register for disciplinary reasons.  It conflicts with the Self-Government Act, section 48A which gives the Supreme Court all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.
The omission of section 17 (7) will apply the right under section 17 (2) to seek a statement of reasons to a decision made under section 26.  However, this is no more than the right given by the Administrative Decisions (Judicial Review) Act 1989, section 13.
[3.34]	Section 25 (5)
omit
Explanatory note
This amendment omits a provision that vests jurisdiction in the Supreme Court to hear appeals under the section.  It is unnecessary because the Legislation Act 2001, section 176 provides that, if a law authorises a proceeding to be brought in a court for a matter, the law vests the court with jurisdiction in the matter.
[3.35]	Section 37
substitute
37	Witness fees and travelling expenses
	(1)	This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).
	(2)	The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.
Note	For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.
	(3)	The fees and expenses are payable by—
	(a)	if the witness attended at the request of the chairperson or deputy chairperson or a public servant—the Territory; or
	(b)	in any other case—the person who requested the attendance of the witness.
Explanatory note
This amendment does not make a substantive change in the entitlements of a witness.  The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale.  The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale.  The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.
Part 3.5	Auditor-General Act 1996
[3.36]	Section 1
substitute
1	Name of Act
This Act is the Auditor-General Act 1996.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.37]	Section 3 (1), definitions of subsidiary and Territory owned corporation
omit
Explanatory note
The definition of Territory owned corporation is unnecessary because the term is defined in the Legislation Act 2001, dictionary, part 1.  The definition of subsidiary is included as a signpost definition in a new dictionary inserted made by another amendment.
[3.38]	Section 3 (1), remaining definitions
relocate to the dictionary
Explanatory note
This amendment relocates the remaining definitions to a new dictionary inserted by another amendment.
[3.39]	Section 3, remainder
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1).’ means that the term ‘subsidiary’ is defined in that subsection and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Application of words and expressions used in Financial Management Act
A word or expression defined in the Financial Management Act has the same meaning in this Act.
3A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions in accordance with current drafting practice and adds the substance of section 3 (2) as new section 3.  A new dictionary is inserted by another amendment.
[3.40]	Section 10
omit
conferred on
substitute
given to
Explanatory note
Given is the drafting term that is now used in relation to functions.
[3.41]	Section 12 (3)
substitute
	(3)	In this section:
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:
	(a)	the precautionary principle;
	(b)	the inter-generational equity principle;
	(c)	conservation of biological diversity and ecological integrity;
	(d)	improved valuation and pricing of environmental resources.
the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Explanatory note
This amendment breaks a definition up into several definitions in line with current drafting practice.
[3.42]	Section 17 (7)
substitute
	(7)	In this section:
Speaker, for a report given to the Deputy Speaker or clerk under section 4 (Reports to be given to Speaker), means the Deputy Speaker or clerk, as the case requires.
Explanatory note
This amendment recasts the definition to bring the form of the definition into line with current drafting practice.
[3.43]	Section 21
omit
Unless the contrary intention appears, the provisions of the
substitute
The
Explanatory note
This amendment omits words that are no longer necessary because of the Legislation Act 2001, section 155 (see also s 130, especially example 4).
[3.44]	Section 26
substitute
26	Delegation
The auditor-general may delegate the auditor-general’s functions under this Act to—
	(a)	a member of the staff assisting the auditor-general; or
	(b)	a person engaged by the auditor-general under section 24 (Contractors).
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the auditor-general’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations.
[3.45]	Schedule 1, clause 1 (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard note about appointments.
[3.46]	Schedule 1, clause 2
omit
Explanatory note
This amendment omits provisions giving the auditor-general an entitlement to remuneration etc under the Remuneration Tribunal Act 1995.  This is specifically provided for in that Act, section 10 (1) (h).
[3.47]	Schedule 1, clause 6
substitute
6	Acting auditor-general
Before the Executive appoints a person to act as auditor-general, the Minister must consult the presiding member of the public accounts committee about the proposed appointment.
Explanatory note
This amendment recasts clause 6 (2) in accordance with current drafting practice and omits the following unnecessary provisions:
·	clause 6 (1) because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes the power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	clause 6 (3) because the Legislation Act 2001, section 221 (1) provides that, if a person acts in a position because it is vacant, the person may not act in the position for more than 1 year after the position became vacant;
·	clause 6 (4) because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.
[3.48]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appointment
·	Executive
·	function
·	Speaker
·	Territory owned corporation.
subsidiary, of a Territory owned corporation—see the Territory Owned Corporations Act 1990, section 3 (1). 
Explanatory note
This amendment adds a new dictionary.  The definition of subsidiary was previously located in section 3 (1).
[3.49]	Further amendments, mentions of performance
omit
performance
substitute
exercise
in
·	section 9
·	section 14 (1)
·	section 15 (1)
·	section 17 (1)
·	section 24 (1)
·	sections 32 and 33
·	section 34 (1).
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
Part 3.6	Building Regulations Amendment SL 2001 No 21
[3.50]	Regulation 1
substitute
1	Commencement
These regulations commence on the day they are notified in the Gazette.
(commencement: 12 July 2001)
Explanatory note
The commencement provision of these regulations provided that the regulations ‘commence on the commencement of the Building Amendment Act 2001’.  That Act commenced on 1 July 2001 (that is, the day that Act was notified in the Gazette).  However, the regulations were not notified in the Gazette until 12 July 2001.
The backdating of this amendment makes it clear that the regulations validly commenced on the day they were notified in the Gazette.  This result is consistent with the provision now made by the Legislation Act 2001, section 73 (3) (which is about the commencement of laws).
Part 3.7	Community Title Act 2001
[3.51]	Section 13 (2) (a)
omit
development statement
substitute
management statement
Explanatory note
This amendment brings the language of the paragraph into line with language used elsewhere in the Act (see especially section 7).
[3.52]	Section 27 (1) and (2)
substitute 
	(1)	In this section:
interested person means each of the following:
	(a)	the developer of the community title scheme; 
	(b)	the body corporate;
	(c)	an owner or prospective owner of a lot of scheme land;
	(d)	the registrar-general;
	(e)	anyone else who has, in the Supreme Court’s opinion, a proper interest in the scheme.
	(2)	The Supreme Court may, on application by an interested person, order that a community title scheme be amended if satisfied that it is impossible or impracticable to finish the scheme as proposed in the master plan and management statement.
Explanatory note
This amendment brings the location and form of the definition into line with current drafting practice.
[3.53]	Section 28 (2)
omit everything before paragraph (a), substitute
	(2)	In this section:
interested person means each of the following:
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.54]	Division 8.2, heading
substitute
Division 8.2	Functions of bodies corporate
Explanatory note
This amendment brings the division heading into line with current drafting practice.
[3.55]	Section 35, heading
substitute
35	Functions of body corporate
Explanatory note
This amendment brings the section heading into line with current drafting practice.
[3.56]	Section 35 (1)
omit
and duties
Explanatory note
Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.
[3.57]	Section 44 (1), new notes
insert
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment adds standard notes about appointments and delegations.
[3.58]	Section 53 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.59]	Section 61 (5), new note
insert
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment adds a standard note about delegations.
[3.60]	Section 97 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.61]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	administrative appeals tribunal
·	function
·	Supreme Court
·	Territory owned corporation
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.8	Compensation (Fatal Injuries) Act 1968
[3.62]	Section 2
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘member, of a deceased person’s family—see section 3.’ means that the term ‘member’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, 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 Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment.
[3.63]	Section 3 (d)
substitute
	(d)	a person who, immediately before the death, was acting in place of a parent of the deceased person;
Explanatory note
This amendment updates language.
[3.64]	Section 3 (h)
substitute
	(h)	a person who, although not legally married to the deceased person, was immediately before the death of the deceased person living with the deceased person as wife or husband on a genuine domestic basis.
Explanatory note
This amendment updates language.
[3.65]	Section 7
omit 
notwithstanding the death of the person injured and irrespective of whether
substitute
despite the death of the person injured and whether or not
Explanatory note
This amendment updates language.
[3.66]	Section 10 (4)
omit
prior to
substitute
before 
Explanatory note
This amendment updates language.
[3.67]	Section 10 (6) (c) (i)
omit
in lieu of
substitute
instead of
Explanatory note
This amendment updates language.
[3.68]	Section 13 (2)
substitute
	(2)	A person other than the personal representative of the deceased person may bring an action under this Act only if the action is for the benefit of the members of the deceased person’s family who sustained damage because of the deceased person’s death.
	(3)	This Act applies to the action, with any necessary changes, as if it were an action by the deceased person’s personal representative.
Explanatory note
This amendment modernises the language of the provision and recasts it in accordance with current drafting practice. 
[3.69]	Section 15 (1)
omit
motion
substitute
initiative
Explanatory note
This amendment updates language.
[3.70]	Section 15 (2)
omit
barrister or solicitor, or both
substitute
lawyer
Explanatory note
This amendment updates language.  Lawyer is defined in the Legislation Act 2001, dictionary, part 1 to mean any kind of legal practitioner.
[3.71]	Section 15 (4)
omit
, and not in derogation of,
substitute
, and do not limit,
Explanatory note
This amendment updates language.
[3.72]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	public trustee
·	State
·	the Territory.
child, of a deceased person, includes a grandchild and a stepchild of the deceased person.
member, of a deceased person’s family—see section 3.
parent, of a deceased person, includes a stepfather, a stepmother, a grandfather and a grandmother of the deceased person.
personal representative, of a deceased person, means the person to whom any grant of probate of the will or administration of the estate of the deceased person has been made in the Territory or a State, and includes an executor by representation or the public trustee.
Explanatory note
This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.  A new signpost definition of member is inserted in accordance with current drafting practice and the definitions of child and parent have been updated.
Part 3.9	Conveyancing Act 1919
[3.73]	Section 39
omit
is discharge
substitute
is a discharge
Explanatory note
This amendment improves sentence structure.
[3.74]	Section 51A (1)
omit
a purchaser in good faith
substitute
an honest purchaser
Explanatory note
This amendment updates language.
[3.75]	Section 51A (1) (a) and (b)
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language.
[3.76]	Section 51A (1) (a) and (b)
omit
affixed
substitute
attached
Explanatory note
This amendment updates language.
[3.77]	Section 51A (7)
omit
mode
substitute
method
Explanatory note
This amendment updates language.
[3.78]	Section 51A (7)
omit
thereof
substitute
of the corporation
Explanatory note
This amendment updates archaic language.
[3.79]	Section 51A (7)
omit
modes
substitute
methods
Explanatory note
This amendment updates language.
[3.80]	Section 51A (7)
omit
effectual
substitute
effective
Explanatory note
This amendment updates language.
[3.81]	Section 66A (1)
omit
made requisite to
substitute
required for
Explanatory note
This amendment updates language.
[3.82]	Section 66A (1)
omit
shall be deemed
substitute
is
Explanatory note
This amendment updates language.
[3.83]	Section 66A (2)
omit
shall not, in favour of a purchaser, be deemed to be requisite
substitute
is not, in favour of a purchaser, taken to be a requirement
Explanatory note
This amendment updates language.
[3.84]	Section 66D (3)
omit
thereto by convey
substitute
to the partition by conveying
Explanatory note
This amendment updates archaic language.
[3.85]	Section 66F
substitute
66F	Definitions for div 4.6
In this division:
action, for the partition of property—see section 66G (4) (Power of Supreme Court to order sale instead of partition). 
interested person, in relation to property, means a person with an interest in the property. 
Explanatory note
This amendment adds a signpost definition of action to the section and consequentially brings the section’s heading into line with current drafting practice.
[3.86]	Section 78A
omit
In a conveyance
substitute
	(1)	In a conveyance
Explanatory note
This amendment creates a subsection consequent on the insertion of a new subsection by another amendment.
[3.87]	Section 78A 
omit
whereto
substitute
to which
Explanatory note
This amendment updates archaic language.
[3.88]	Section 78A 
omit
of them, shall be reasonably required;
(in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage).
substitute
of them, is reasonably required.
Explanatory note
This amendment updates language and omits the bracketed text consequent on the insertion of new section 78A (2) by another amendment.
[3.89]	New section 78A (2)
insert
	(2)	In this section:
purchase for value does not include a conveyance in consideration of marriage.
Explanatory note
This amendment recasts the qualification to section 78A as a new subsection in line with existing section 78B (2).
[3.90]	Section 78B (1)
omit
effectual
substitute
effective
Explanatory note
This amendment updates language.
[3.91]	Section 78B (1)
omit
in nowise become
substitute
is not
Explanatory note
This amendment updates archaic language.
[3.92]	Section 78B (1)
omit
notwithstanding anything this as aforesaid
substitute
despite this 
Explanatory note
This amendment updates archaic language.
[3.93]	Section 78C, heading ‘Right to convey, quiet enjoyment’
substitute
Right to convey
Explanatory note
This amendment is consequential on the insertion of a new heading by another amendment.
[3.94]	Section 78C, new heading
before
AND also that,
insert the following heading
Quiet enjoyment
Explanatory note
This amendment adds a new heading to improve the structure of the section.
[3.95]	Section 78C
omit
thereon
substitute
on the money
Explanatory note
This amendment updates archaic language.
[3.96]	Section 78C 
omit
thenceforth
substitute
from then on
Explanatory note
This amendment updates archaic language.
[3.97]	Section 78C 
omit
thereof
substitute
of it
Explanatory note
This amendment updates archaic language.
[3.98]	Section 78C
omit
whereto
substitute
to which 
Explanatory note
This amendment updates archaic language.
[3.99]	Section 78D
omit
effectual
substitute
effective
Explanatory note
This amendment updates language.
[3.100]	Section 78D
omit
in nowise become
substitute
is not
Explanatory note
This amendment updates archaic language.
[3.101]	Section 78E
omit
title thereunder
substitute
the title under the conveyance
Explanatory note
This amendment updates archaic language.
[3.102]	Section 78F (1)
omit
whereby or by means whereof
substitute
under or by means of which 
Explanatory note
This amendment updates archaic language.
[3.103]	Section 78F (1)
omit
thereof
substitute
of it
Explanatory note
This amendment updates archaic language.
[3.104]	Section 78F (3)
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language.
[3.105]	Section 78F (3)
omit
such
substitute
the
Explanatory note
This amendment updates language.
[3.106]	Section 151D (5)
omit
such caveats as he or she deems
substitute
the caveats the registrar-general considers
Explanatory note
This amendment updates language.
[3.107]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	corporation
·	instrument
·	person
·	provision
·	registrar-general.
Explanatory note
This amendment adds standard dictionary notes.
[3.108]	Dictionary, new definition of action 
insert
action, for the partition of property, for division 4.6 (Partition)—see section 66G (4) (Power of Supreme Court to order sale instead of partition). 
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice. 
Part 3.10	Conveyancing and Law of Property Act 1898
[3.109]	Section 36 (1)
omit
a bona fide
substitute
a genuine
Explanatory note
This amendment updates language.
[3.110]	Section 36 (2)
substitute
	(2)	If payment and settlement are made in accordance with the Supreme Court’s declaration, the court may declare that the sale is valid.
	(3)	On the making of the declaration under subsection (2), the legal estate vests as if the power had been properly executed.
Explanatory note
This amendment updates archaic language.
[3.111]	Part 4, heading
substitute
Part 4	Leases and sales of settled estates and estates of children
Explanatory note
This amendment updates language.
[3.112]	Section 37 (1), definition of settlement
omit
or by virtue of
Explanatory note
This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).
[3.113]	Section 37 (2)
omit
shall be deemed
substitute
are taken
Explanatory note
This amendment updates language.
[3.114]	Section 37 (2)
omit
and by virtue of
Explanatory note
This amendment omits unnecessary words (see the amendment of the Legislation Act 2001, dictionary, definition of under by schedule 2 of this Act).
[3.115]	Section 37 (3)
omit
said
Explanatory note
This amendment omits an unnecessary word.
[3.116]	Section 37 (4)
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language.
[3.117]	Section 37 (4)
omit
howsoever
Explanatory note
This amendment omits an unnecessary and archaic word.
[3.118]	Part 5, heading
substitute
Part 5	Renewable leaseholds of children
Explanatory note
This amendment omits a reference to ‘persons under disability’ and revises the heading to refer to children in accordance with current drafting practice. 
[3.119]	Section 89, heading
substitute
89	Validity of surrenders and leases
Explanatory note
This amendment updates the language of the heading.
[3.120]	Section 99
omit
effectual
substitute
effective
Explanatory note
This amendment updates language.
[3.121]	Section 101
omit
him or her in lieu of all costs, charges, and expenses whatsoever, such
substitute
the receiver, instead of costs, charges, and expenses,
Explanatory note
This amendment updates and simplifies language.
[3.122]	Section 106
omit
shall be deemed and taken
substitute
are taken
Explanatory note
This amendment updates language.
[3.123]	Section 106
omit
therein
substitute
in the mortgaged premises
Explanatory note
This amendment updates archaic language.
[3.124]	Section 106
omit
unto such
substitute
to the
Explanatory note
This amendment updates archaic language.
[3.125]	Section 108 (2)
omit
or such part thereof
substitute
or a part of it
Explanatory note
This amendment updates archaic language.
[3.126]	Section 115 (1)
omit
bona fide
substitute
genuine
Explanatory note
This amendment updates language.
[3.127]	Section 119
omit
be deemed 
substitute
is taken
Explanatory note
This amendment updates language.
Part 3.11	Court Security Act 2001
[3.128]	Section 16 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.129]	Section 16 (1), note
substitute
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Each police officer and sheriff’s officer is a security officer (see the dict, def of security officer).
Explanatory note
This amendment adds notes 1 and 2 which are standard notes about appointments.
[3.130]	Section 16 (3)
omit
, in writing, revoke
substitute
end
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 208 (2) provides that the power to end an appointment is exercisable in the same way as the power to make the appointment.
[3.131]	Section 16 (3), new note
insert
Note	A security officer’s appointment also ends if the officer resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment adds a standard note about resignation from an appointment.
[3.132]	Section 18
substitute
18	Delegation of chief executive’s functions
The chief executive may delegate the chief executive’s functions under this Act to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows: 
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the chief executive’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations.
[3.133]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms: 
·	chief executive
·	contravene
·	Executive
·	function
·	power
·	public servant.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.12	Crimes (Forensic Procedures) Act 2000
[3.134]	Section 17 (4)
substitute
	(4)	In this Act (other than subsection (1)):
opposite sex, for a transgender person, means the opposite sex to the sex with which the transgender person identifies.
same sex, for a transgender person, means the same sex as the sex with which the transgender person identifies.
Explanatory note
This amendment remakes the definitions in accordance with current drafting practice to reflect the actual terms used in the Act.
[3.135]	Section 114
substitute
114	Delegation by chief police officer
The chief police officer may delegate the chief police officer’s functions under this Act to a police officer of the rank of sergeant or above.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision by omitting the words ‘in writing’.  The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing.  This amendment also adds a standard note about delegations.
[3.136]	Dictionary, note 2
insert
·	function
Explanatory note
This amendment is consequent on the omission of the definition of function by another amendment.  
[3.137]	Dictionary, definition of function
omit
Explanatory note
This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power. 
[3.138]	Dictionary, definitions of member of the opposite sex and member of the same sex
omit
Explanatory note
This amendment is consequential on the amendment of section 17 (4) by another amendment.
[3.139]	Dictionary, new definitions
insert
opposite sex, for a transgender person—see section 17 (4).
same sex, for a transgender person—see section 17 (4).
Explanatory note
This amendment adds signpost definitions into the dictionary in accordance with current drafting practice consequentially on the amendment of section 17 (4) by another amendment.
Part 3.13	Crown Proceedings Act 1992
[3.140]	New section 3
insert
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds a standard provision about the legal status of notes.
[3.141]	Section 5 (3)
substitute
	(3)	In this section:
proceedings, against the Crown, includes proceedings to attach earnings or other debts due or accruing from the Territory Crown to someone else.
Explanatory note
This amendment recasts the definition in accordance with current drafting practice.
[3.142]	Section 11 (4)
substitute
	(4)	In this section:
Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.
Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.
Explanatory note
This amendment recasts the definitions in accordance with current drafting practice.
[3.143]	Section 16
substitute
16	Service generally
	(1)	Any process or document relating to proceedings must be served on the Territory Crown by serving the process or document on the chief solicitor.
	(2)	However— 
	(a)	if this Act makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and
	(b)	if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Crown in relation to the proceedings—the process or document must be served on that lawyer.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Explanatory note
This amendment brings the form of the section into line with current drafting practice.
Part 3.14	Dangerous Goods Act 1975
[3.144]	Section 3 (7), definition of overriding law, paragraph (b)
substitute
	(b)	regulations made under that Act; or
Note	On the republication date, the following regulations were in force:
·	the Occupational Health and Safety Regulations 1991;
·	the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000;
·	the Occupational Health and Safety (Manual Handling) Regulations 1997.
Explanatory note
This amendment omits a reference to the Occupational Health and Safety Regulations 1991 and applies the paragraph to all the regulations made under the Occupational Health and Safety Act 1989.  This amendment reflects the fact that the regulations under the Occupational Health and Safety Act 1989 are no longer contained in a single set of regulations.
[3.145]	Sections 4 to 7
substitute
4	Chief inspector
	(1)	The chief executive must appoint a public servant as the Chief Inspector of Dangerous Goods.
	(2)	The chief inspector is also an inspector.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
5	Inspectors
The chief executive must appoint a public servant as an inspector for this Act.
6	Analysts
The chief executive may appoint a public servant as an analyst for this Act.
7	Delegation by chief inspector
The chief inspector may delegate the chief inspector’s functions under this Act to an inspector or another public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain offices for inspectors etc in the public service. The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time. Standard notes about appointments are also inserted. 
This amendment also updates the delegation provision, as follows:
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the chief inspector’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations.
[3.146]	Section 8 (1), new note
insert 
Note	The definition of in premises includes on the premises (see the dict).
Explanatory note
This amendment is consequential on the omission of ‘or on’ from the section and the insertion into the dictionary of a new definition of in by other amendments.
[3.147]	Section 9 (4)
omit
is not guilty of
substitute
does not commit
Explanatory note
This amendment updates language.
[3.148]	Section 9 (4)
omit
conveyed
substitute
transported
Explanatory note
This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.
[3.149]	Division 3.2, heading
substitute
Division 3.2	Transport of dangerous goods
Note	The definition of in a vehicle includes on the vehicle (see the dict).
Explanatory note
This amendment updates language consequential on the new definition of transport made by another amendment, brings the division heading into line with current drafting practice and adds a note consequential on the new definition of in made by another amendment.
[3.150]	Section 10, heading
substitute
10	Licensing of vehicles to carry dangerous goods
Explanatory note
This amendment is consequential on the revised definition of vehicle and brings the section heading into line with current drafting practice.
[3.151]	Section 10 (1A) (b)
omit
vehicle or vessel in or on
substitute
vehicle in
Explanatory note
This amendment is consequential on the revised definition of vehicle and the new definition of in made by other amendments.
[3.152]	Section 10 (2) (c)
omit
or vessel
Explanatory note
This amendment is consequential on the revised definition of vehicle inserted by another amendment.
[3.153]	Sections 11 and 12
substitute
11	Unlicensed carriage of dangerous goods
A person must not carry dangerous goods prescribed under the regulations for this section in a container that is in, or forms part of, a vehicle unless the person is authorised under section 10 (3) to carry the dangerous goods in the container.
Maximum penalty:  50 penalty units.
12	Transport of dangerous goods generally
	(1)	A person transporting dangerous goods must take the precautions necessary to prevent access to the goods by people who are not entitled to have lawful access to them.
Maximum penalty:  50 penalty units.
	(2)	A person must not transport dangerous goods unless any container or vehicle in which the goods are transported is constructed and maintained, and the goods enclosed, so as to prevent the escape of any part of the goods during the ordinary course of their transport.
Maximum penalty:  100 penalty units.
	(3)	Subsection (2) is subject to any regulation about the venting of dangerous goods.
	(4)	This section does not affect the power to make regulations about the transport of dangerous goods.
Explanatory note
This amendment brings the sections into line with current drafting practice and revises them consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  The heading to section 11 is also brought into line with the scope of the section by referring to ‘carriage’ rather than ‘transport’.
[3.154]	Section 14
omit
convey
substitute
transport
Explanatory note
This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.
[3.155]	Section 20 (2) (d)
omit
inexplosive
substitute
non-explosive
Explanatory note
This amendment updates language.
[3.156]	Section 23, new note
insert
Note	Sell has an expanded meaning that includes offer for sale, expose for sale and supply (see the dict).
Explanatory note
The note explains the extended meaning of ‘sell’ in relation to the offence of unlicensed sale.
[3.157]	Section 27 (3)
substitute
	(3)	A licence is subject to—
	(a)	any condition prescribed under the regulations that applies to the licence; and
	(b)	any condition that is stated in the licence by the chief inspector.
Explanatory note
This amendment brings the subsection into line with current drafting practice.  In particular, it omits references to classes because a statutory instrument may apply to different matters or classes of matters (see the Legislation Act 2001, section 48).  Unnecessary references to ‘term’ are also omitted.
[3.158]	Section 28 (2)
omit
shall be deemed not to be
substitute
is not
Explanatory note
This amendment updates language.
[3.159]	Part 6, heading, new note
insert after the heading
Note for pt 6	
The definition of in a vehicle or premises includes on the vehicle or premises (see the dict).
This amendment is consequential on the new definition of in inserted by another amendment.
[3.160]	Section 31 (1) (a)
omit
premises, vehicle or vessel, or examine any container, fixture or fitting in or on
substitute
premises or vehicle, or examine any container, fixture or fitting, in
Explanatory note
This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.
[3.161]	Section 31 (1) (b)
omit
or cause any container to be opened
Explanatory note
This amendment omits unnecessary words.
[3.162]	Section 31 (1) (c)
omit
, vehicle or vessel in or on which the substance or article is being kept or conveyed
substitute
or vehicle in which the substance or article is being kept or transported
Explanatory note
This amendment updates language and is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.
[3.163]	Section 31 (1) (e) and (f)
substitute
	(e)	give directions in relation to the detention of any substance, article, container or vehicle that has been detained under paragraph (c);
	(f)	give to the occupier or licensee of licensed premises directions (including written directions) in relation to the premises or the keeping of dangerous goods in the premises;
Explanatory note
This amendment updates language consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  This amendment also simplifies the paragraphs and brings them into line with current drafting practice.
[3.164]	Section 31 (1) (i)
omit
the observance of
substitute
compliance with
Explanatory note
This amendment updates language.
[3.165]	Section 31 (1) (j)
omit
premises, vehicle or vessel
substitute
premises or vehicle
Explanatory note
This amendment is consequential on the revised definition of vehicle inserted by another amendment.
[3.166]	Section 31 (3)
omit
containers, vehicles or vessels
substitute
containers or vehicles
Explanatory note
This amendment is consequential on the revised definition of vehicle inserted by another amendment.
[3.167]	Section 31 (4)
omit
due
substitute
payable
Explanatory note
This amendment updates language.
[3.168]	Section 31 (7)
substitute
	(7)	An inspector who enters premises or a vehicle under this section is not authorised to remain in the premises or vehicle, and a person is not required to comply with any requirement made by the inspector under this section, if the inspector does not produce his or her identity card for inspection when asked to do so by the occupier or person in charge of the premises or vehicle.
Explanatory note
This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.
[3.169]	Section 40 (1A)
omit
deemed
substitute
taken
Explanatory note
This amendment updates archaic language.
[3.170]	Section 40 (2) (a) (i)
omit
or the regulations
Explanatory note
This amendment omits unnecessary words.  A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see the Legislation Act 2001, section 104).
[3.171]	Section 40 (2) (b)
omit
referred to in section 49 (4) (e) (i)
substitute
mentioned in section 50 (1) (b)
Explanatory note
This amendment is consequential on another amendment.
[3.172]	Section 42 (1)
omit 1st mention of
within
substitute
in
Explanatory note
This amendment updates archaic language.
[3.173]	Section 42 (1)
omit
such persons, being inspectors or police officers, as are named
substitute
the inspectors or police officers named 
Explanatory note
This amendment omits unnecessary text.
[3.174]	Section 42 (1)
omit
vehicle, vessel, fixtures or fittings therein and to search any persons therein
substitute
vehicle, fixture, fittings or people in the house
Explanatory note
This amendment is consequential on the revised definition of vehicle and updates the language of the subsection.
[3.175]	Section 43 (2)
substitute
	(2)	If a police officer suspects, on reasonable grounds, that an explosive is being carried in a vehicle in contravention of this Act, the officer may stop and search the vehicle.
Explanatory note
This amendment revises the section consequentially on the revised definition of vehicle and the new definition of in which are inserted by other amendments.
[3.176]	Section 45 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.177]	Section 48
omit
Explanatory note
This amendment omits an unnecessary section.  It is similar to the Legislation Act 2001, section 58 which provides that regulations may make provision about the payment of fees.
[3.178]	Section 49 (2)
omit
for or with respect to
substitute
in relation to 
Explanatory note
This amendment substitutes the drafting term currently used for regulation-making powers.
[3.179]	Section 49 (2) (c)
omit
conveying
substitute
transport
Explanatory note
This amendment updates language consequential on the insertion into the dictionary of a new definition of transport by another amendment.
[3.180]	Section 49 (2) (d)
omit
vessels,
Explanatory note
This amendment is consequential on the revised definition of vehicle made by another amendment.
[3.181]	Section 49 (2) (e)
omit
or prohibiting
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 53 provides that power to regulate a matter includes power to prohibit the matter.
[3.182]	Section 49 (2) (g)
substitute
	(g)	regulating smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, activities near dangerous goods and in or near premises, vehicles, containers or pipelines used or that have been used in relation to dangerous goods; and
Explanatory note
This amendment is consequential on the revised definition of vehicle and the new definition of in which are inserted by other amendments.  It also updates the language of the paragraph and omits a reference to prohibiting consequent on the Legislation Act 2001, section 53.  That section provides that power to regulate a matter includes power to prohibit the matter.
[3.183]	Section 49 (2) (i)
omit
premises licensed under this Act, in a vehicle, vessel or container used for the conveyance
substitute
licensed premises, in a vehicle or container used for the transport
Explanatory note
This amendment is consequential on the revised definition of vehicle and updates a reference to the conveyance of dangerous goods consequential on the insertion into the dictionary of a new definition of transport by another amendment.
[3.184]	Section 49 (2) (j)
omit
vessel,
Explanatory note
This amendment is consequential on the revised definition of vehicle made by another amendment.
[3.185]	Section 49 (2) (l)
omit
therewith
substitute
those matters
Explanatory note
This amendment updates archaic language.
[3.186]	Section 49 (2) (m)
substitute
	(m)	the driving of vehicles, and the navigation and mooring of vessels, transporting dangerous goods; and
Explanatory note
This amendment is consequential on the revised definition of vehicle inserted by another amendment.
[3.187]	Section 49 (4) to (8)
substitute
	(4)	A regulation may—
	(a)	exempt a person from the regulations; and
	(b)	give a prescribed person power to give an exemption from the regulations.
	(5)	Dangerous goods or explosives may be prescribed by reference to—
	(a)	a class of substances, articles, dangerous goods or explosives; or
	(b)	the circumstances in which, or other than in which, substances, articles, dangerous goods or explosives are or are not dangerous goods or explosives; or
	(c)	a quantity; or
	(d)	a flashpoint.
	(6)	Subsection (5) does not limit how dangerous goods or explosives may be prescribed.
50	Regulations may apply certain documents etc
	(1)	The regulations may apply, adopt or incorporate an instrument (including standards, rules, codes or specifications), or a provision of an instrument, as in force from time to time—
	(a)	that is approved in writing by the Minister; or
	(b)	that has been recommended or adopted by—
	(i)	the American Petroleum Institute; or
	(ii)	the British Standards Institution; or
	(iii)	the Institute of Petroleum; or
	(iv)	Standards Australia.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	If an instrument (or a provision of an instrument) adopted under subsection (1) refers to a temperature reading under the Fahrenheit scale, the reading must, unless the contrary intention appears, be applied as a reading under the Celsius scale that is—
	(a)	its equivalent; or
	(b)	if the equivalent is not a whole number—the next highest whole number.
	(3)	An approval under subsection (1) (a) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment updates the structure and language (including the reference to Standards Australia) of these provisions in accordance with current drafting practice and to reflect the operation of the Legislation Act 2001, section 47 and section 52 (which give a wide power about how regulations may make provision about a matter). 
[3.188]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief executive
·	corporation
·	function
·	person
·	public servant.
This amendment adds standard dictionary notes.
[3.189]	Dictionary, definition of convey
omit
Explanatory note
This amendment is consequential on the insertion of a new definition of transport by another amendment.
[3.190]	Dictionary, definition of credit card
omit
Explanatory note
This amendment is consequential on the omission of section 48 by another amendment.
[3.191]	Dictionary, definition of director, note
omit
Explanatory note
This amendment omits a note that is out of date and unnecessary.
[3.192]	Dictionary, new definition of in 
insert 
in a vehicle or premises includes on the vehicle or premises.
Explanatory note
This new definition allows for the simplification of the language of the Act.
[3.193]	Dictionary, definition of premises
substitute
premises means all or part of any land, structure (including a portable structure), building or enclosed place. 
Explanatory note
This amendment updates the language of the definition and recasts it in accordance with current drafting practice. 
[3.194]	Dictionary, new definition of transport
insert
transport dangerous goods includes carry, load, unload, transfer, transmit, pump or discharge the goods.
Explanatory note
This amendment is consequent on the updating of the language of the Act from convey to transport. 
[3.195]	Dictionary, definitions of vehicle and vessel
substitute
vehicle includes a railway vehicle and a vessel used in navigation.
Explanatory note
This amendment enables the language of the Act to be simplified.
[3.196]	Further amendments, mentions of in or on
omit
in or on
substitute
in 
in
·	section 8
·	section 9 (1)
·	section 19
·	section 26 (3) (a).
Explanatory note
This amendment enables the language of the Act to be simplified and is consequential on the new definition of in made by another amendment.
Part 3.15	Dangerous Goods Regulations 1978
[3.197]	Regulation 14 (8) (b)
substitute
	(b)	who has committed an offence against—
	(i)	the Act; or 
	(ii)	the road transport legislation within the meaning of the Road Transport (General) Act 1999, section 6 (What is the road transport legislation?); or
Explanatory note
This amendment simplifies the reference to the road transport legislation.
[3.198]	Regulations 52 (1) and 53 (1), new notes
insert 
Note 1	A fee may be determined under the Act, s 46 (Determination of fees) for this regulation.
Note 2	If a form is approved under the Act, s 45 (Approved forms) for this regulation, the form must be used.
Explanatory note
This amendment adds standard notes about fees and approved forms.
[3.199]	Regulation 59 (3) (a) and (b)
omit
for
substitute
from
Explanatory note
This amendment corrects minor typographical errors.
[3.200]	Regulations 248 (5) and 293 (2) (b)
omit
the State
substitute
the ACT
Explanatory note
This amendment is consequential on the regulations becoming an ACT law.
[3.201]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	fail
·	person.
This amendment adds standard dictionary notes.
[3.202]	Dictionary, definitions of amorces and confetti bomb
omit
an admixture
substitute
a mixture
Explanatory note
This amendment updates language.
[3.203]	Dictionary, new definition of convey 
insert
convey means transport.
Note	Transport dangerous goods includes, carry, load, unload, transfer, transmit, pump or discharge the goods, see the Act, dict, def of transport.
Explanatory note
This amendment adds a definition of convey consequential on the amendment of the Dangerous Goods Act 1984 by this schedule to update the language of the Act by changing ‘convey’ to ‘transport’. 
[3.204]	Dictionary, definition of depot
substitute
depot—
	(a)	means a building, structure, room, compartment, tank, store, area or receptacle where dangerous goods are kept (other than a process building); and
	(b)	for cryogenic liquid—includes all pressure regulators, safety devices, vaporisers, manifolds, pipelines and other equipment provided in relation to the depot (other than equipment for the conveyance or other handling of cryogenic liquid kept in the depot beyond the point where it enters a pipeline at service pressure); and
	(c)	for division 5.3 (Keeping of dangerous goods of class 2)—see regulation 110.
Explanatory note
This amendment adds to the definition the signpost reference in new paragraph (c) in accordance with current drafting practice. 
[3.205]	Dictionary, definition of detonating fuse
omit
thereof
substitute
of them
Explanatory note
This amendment updates language.
[3.206]	Dictionary, new definitions of premises and safety cartridge
insert
premises—see the Act, dictionary. 
safety cartridge—see the Act, dictionary. 
Explanatory note
This amendment adds signpost definitions for important terms used in the regulations.
[3.207]	Dictionary, definition of sparkler
omit
in admixture
substitute
mixed
Explanatory note
This amendment updates language.
[3.208]	Dictionary, definitions of starting pistol cap and streamer cone
omit
an admixture
substitute
a mixture
Explanatory note
This amendment updates language.
Part 3.16	Defamation Act 2001
[3.209]	Section 17 (4) and (5)
omit
and section 31
This amendment omits an unnecessary reference to section 31.  Section 31 (3) contains a signpost definition that applies the definition of proceeding of public concern.  The terms defined in section 17 (5) are used only in section 17.
[3.210]	Section 18 (4)
omit
Explanatory note
This amendment is consequential on the relocation of the definition of publication to section 18 (5) by another amendment.
[3.211]	Section 18 (5)
omit
	(5)	In this section and section 31
substitute
	(4)	In this section 
Explanatory note
This amendment omits an unnecessary reference to section 31.  Section 31 (3) contains a signpost definition picking up the definition of publication.  The terms defined in section 18 (5) are used only in section 18.  This amendment also renumbers the subsection consequent on the omission of section 18 (4) by another amendment.
[3.212]	Section 18 (5), new definition of publication
insert
publication, of matter, includes publication in a way that the matter will become accessible or will be broadcast or sent to other people through a computer network. 
Explanatory note
This amendment brings the form of the definition, presently in section 18 (4), into line with current drafting practice.
[3.213]	Section 31 (3)
omit
subsection 18 (5)
substitute
section 18 (4)
Explanatory note
This amendment is consequential on the renumbering of the subsection by another amendment.
[3.214]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	entity
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.17	Dental Technicians and Dental Prosthetists Registration Act 1988
[3.215]	Section 61
substitute
61	Witness fees and travelling expenses
	(1)	This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).
	(2)	The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.
Note	For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.
	(3)	The fees and expenses are payable by—
	(a)	if the witness attended at the request of a board member—the Territory; or
	(b)	in any other case—the person who requested the attendance of the witness.
Explanatory note
This amendment does not make a substantive change in the entitlements of a witness.  The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale.  The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale.  The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.
Part 3.18	Domestic Animals Act 2000
[3.216]	Section 29, heading
substitute
29	Meaning of special licence for div 2.4
Explanatory note
This amendment corrects a minor error in the kind of licence defined.
[3.217]	Section 39
omit
a licence
substitute
a special licence
Explanatory note
This amendment clarifies the operation of the section.
[3.218]	Section 52
substitute
52	Costs of impounding dogs
	(1)	This section applies in relation to a prosecution of a person for an offence against section 50 (1) or (2) or section 51 in relation to a dog.
	(2)	If the court convicts the person, or finds the person guilty, of the offence, the costs of impounding the dog are payable to the Territory by the keeper of the dog.
	(3)	If the court finds the complaint to be frivolous or vexatious, the costs of impounding the dog are payable to the Territory by the complainant.
Explanatory note
This amendment brings the section structure into line with current drafting practice.
[3.219]	Section 56
omit
if the dog—
substitute
if—
Explanatory note
This amendment corrects a syntax error.
[3.220]	Section 56 (a), (b), (c) and (d)
omit
is
substitute
the dog is
Explanatory note
This amendment is consequential on another amendment of the section.
[3.221]	Section 57 (b)
omit
a dog
substitute
the dog
Explanatory note
This amendment corrects a minor error.
[3.222]	Section 60 (1) (c)
omit 2nd mention of
to the keeper
Explanatory note
This amendment omits unnecessary words.
[3.223]	Section 79 (2)
omit
ranger
substitute
authorised officer
Explanatory note
This amendment corrects a misdescription of the person who may exercise the relevant powers.
[3.224]	Section 102
substitute
102	Delegation
The administering authority for an infringement notice offence may delegate the authority’s functions under this part to an authorised person or a person prescribed under the regulations.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the administering authority’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations.
[3.225]	Section 112 (7), penalty
substitute
Maximum penalty (subsection (7)):  5 penalty units.
Explanatory note
This amendment clarifies the operation of the penalty provision.
[3.226]	Section 115, heading
substitute
115	Destruction of animals on registrar’s authority 
Explanatory note
This amendment revises the heading to make it more descriptive of the section’s content.
[3.227]	Sections 121 to 123
substitute
121	Registrar
The chief executive must appoint a public servant as the registrar.
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
122	Deputy registrars
	(1)		The chief executive may appoint a public servant as a deputy registrar.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	A deputy registrar may exercise a function of the registrar, subject to any direction of the registrar.
123	Authorised officers
	(1)	The chief executive may appoint a person as an authorised officer for this Act.
	(2)	An authorised officer may exercise the functions that the registrar directs or that are prescribed under the regulations.
Explanatory note
This amendment remakes the appointment provisions to omit unnecessary words and insert standard notes about appointments.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.  The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time. 
[3.228]	Section 125
omit
authorised person
substitute
authorised officer
Explanatory note
This amendment corrects a minor error.
[3.229]	Sections 126 and 127
substitute
126	Definitions for div 9.2
In this division:
connected—a thing is connected with an offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
enter includes board.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
residential premises means premises used exclusively or mainly for residential purposes, and includes a private room in, but not any other part of, a motel, hotel, hostel or guesthouse.
Explanatory note
This amendment brings the definition provisions into line with current drafting practice.
[3.230]	Section 137
omit
Explanatory note
This section defines the term ‘release of a dog’.   A definition of release is inserted into the dictionary by another amendment.
[3.231]	Section 141 (a) and (b)
omit
authorised person
substitute
authorised officer
Explanatory note
This amendment corrects a misdescription of the person who may exercise the relevant powers.
[3.232]	Section 147 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.233]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief executive
·	contravene
·	found guilty
·	function
·	person
·	police officer
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
[3.234]	Dictionary, definition of animal welfare offence
after
a provision of
insert
any of
Explanatory note
This amendment clarifies the operation of the definition.
[3.235]	Dictionary, definition of authorised officer
substitute
authorised officer means an authorised officer under section 123, and includes the registrar and a deputy registrar.
Explanatory note
This amendment corrects a minor error.
[3.236]	Dictionary, new definition of connected
insert
connected with an offence, for division 9.2 (Powers of authorised officers)—see section 126.
Explanatory note
This amendment adds a signpost definition into the dictionary in accordance with current drafting practice.
[3.237]	Dictionary, definition of function
omit
Explanatory note
This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power. 
[3.238]	Dictionary, definition of licence
omit
Explanatory note
This amendment is consequential on the insertion of a new definition of special licence by another amendment.
[3.239]	Dictionary, new definitions
insert
offence, for division 9.2 (Powers of authorised officers)—see section 126.
release a dog to a person includes permit the dog to be collected by the person.
special licence, for division 2.4 (General provisions about multiple dog and dangerous dog licences)—see section 29. 
Explanatory note
The definition of release is consequential on the omission of section 137 by another amendment.  The new signpost definitions of offence and special licence are inserted in accordance with current drafting practice.
[3.240]	Further amendments, new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
after
·	section 12 (1)
·	section 13 (1)
·	section 22 (5)
·	section 33 (3)
·	section 111 (1).
Explanatory note
This amendment adds standard notes about service of documents.
Part 3.19	Domestic Animals Regulations 2001
[3.241]	Regulations 3 to 5
substitute
2	Dog registration information—Act, s 8
The following information must be recorded in the register:
	(a)	the name and address of the applicant (who must be stated in the register as the keeper of the dog);
	(b)	if the dog is kept at another address—the address;
	(c)	the registration number allotted to the dog;
	(d)	if the dog is an assistance animal—a statement to that effect;
	(e)	if the dog is a dangerous dog—a statement to that effect.
3	Information on dog registration certificates—Act, s 11 (2)
The following information must be stated on a registration certificate:
	(a)	the registration number allotted to the dog; 
	(b)	if the dog is a recognisable breed—the breed; 
	(c)	the colour of the dog; 
	(d)	whether the dog is an assistance animal; 
	(e)	the name and address of the keeper of the dog; 
	(f)	the day the registration ends.
4	How dog or cat may be identified—Act, s 83
A dog or cat may be identified by—
	(a)	a microchip implanted beneath the animal’s skin; or
	(b)	a tag, or for a dog, a registration tag, on the animal’s collar.
5	Identification particulars for dog or cat—Act, s 83
The identification particulars for a dog or cat are—
	(a)	the name and address of the keeper or carer of the dog or cat; or
	(b)	a contact telephone number for the keeper or carer of the dog or cat; or
	(c)	for a dog—its registration number.
Explanatory note
This amendment changes the headings in accordance with current drafting practice and omits unnecessary text from each regulation.
Part 3.20	Eggs (Labelling and Sale) Act 2001
[3.242]	Dictionary, new note
insert
Note	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Explanatory note
This amendment adds a standard dictionary note.
Part 3.21	Electoral Act 1992
[3.243]	Section 6
substitute
6	Constitution of commission
The electoral commission consists of—
	(a)	the chairperson; and
	(b)	the commissioner; and
	(c)	1 other member.
Explanatory note
This amendment omits section 6 (2) which is no longer necessary because of the Legislation Act 2001, section 199 (4).  That subsection provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership.
[3.244]	Section 7 (1) (g)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.245]	Section 7 (1) (i)
substitute
	(i)	to exercise any other function given to it under this Act or another Territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Explanatory note
This amendment brings the paragraph into line with current drafting practice and adds a standard note about necessary and convenient powers related to a function consequential on the omission of section 9 by another amendment.
[3.246]	Section 7 (3)
substitute
	(3)	In this section:
election includes a referendum and any other ballot.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.247]	Section 9
omit
Explanatory note
This section is no longer necessary because of the Legislation Act 2001, section 196 (1).  That subsection provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function.
[3.248]	Section 10A
substitute
10A	Special reports by electoral commission
	(1)	The electoral commission may give to the Minister a report on anything relating to elections, referendums or other ballots.
	(2)	If the Minister receives a report that is expressed to be given to the Minister under subsection (1), the Minister must present a copy of the report to the Legislative Assembly within 6 sitting days after the day the Minister receives it.
Explanatory note
This amendment brings the section into line with current drafting practice by updating language.  Present is the drafting term that is now used in relation to the tabling of documents in the Legislative Assembly.
[3.249]	Section 11, definition of member
substitute
member means a member of the electoral commission, other than the commissioner.
Explanatory note
This amendment omits a reference to section 6 (1), which is omitted by another amendment, and recasts the definition in accordance with current drafting practice.
[3.250]	Section 12 (1)
substitute
	(1)	The Executive may appoint a person to be a member.
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment brings the subsection into line with current drafting practice.  The reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.  This amendment also adds a standard note about appointments.
[3.251]	Section 12 (4)
omit
Explanatory note
The subsection is unnecessary because of the Legislation Act 2001, sections 212 and 225 which provide that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment.
[3.252]	Section 12 (5)
renumber as section 12 (4)
Explanatory note
This amendment is consequential on the omission of section 12 (4).
[3.253]	Section 13 
substitute
13	Term of appointment of members
A member must be appointed for a term of not longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
14	Conditions of appointment of members generally
A member holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
Explanatory note
This amendment splits existing section 13 into 2 new sections in line with current drafting practice.  Section 13 (3) is omitted because the Legislation Act 2001, s 208 provides for the reappointment of a person who is eligible for appointment.  This amendment also adds a standard note about reappointments.
[3.254]	Section 16 
omit
This section is omitted because the Legislation Act 2001, section 210 provides for the resignation of a person from a statutory appointment.  A standard note about resignation is inserted by an amendment of section 17 (6).
[3.255]	Section 17, heading
substitute
17	Suspension or ending of appointment of members
Explanatory note
This amendment brings the language of the section heading into line with current drafting practice.
[3.256]	Section 17 (3) and (6)
omit
terminate
substitute
end
Explanatory note
End is the drafting term that is now used in relation to appointments.
[3.257]	Section 17 (6), new note
insert
Note	A member’s appointment also ends if the member resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment adds a standard note about resignation consequential on the omission of section 16 by another amendment.
[3.258]	Section 18
omit
Explanatory note
This amendment omits an unnecessary provision about acting appointments for the following reasons:
·	section 18 (1) is unnecessary because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	section 18 (2) is unnecessary because the Legislation Act 2001, section 209 (2) provides that the power to appoint a person to act is exercisable in the same way, and subject to the same conditions, as the power to make the appointment;
·	section 18 (3) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment. 
[3.259]	Section 20
substitute
20	Delegation by electoral commission
	(1)	The electoral commission may delegate the commission’s functions under this Act or another Territory law to—
	(a)	the commissioner; or
	(b)	an officer or a member of the commission’s staff.
	(2)	However, the electoral commission must not delegate its functions under part 4 (Electorates) or part 15 (Review of decisions).
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows: 
·	the words ‘by resolution’ have been omitted with the effect that the Legislation Act 2001, section 199 (1) provides that a body that is authorised by a law to exercise a function may do so by resolution;
·	the words ‘all or any’ (of the commission’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations. 
[3.260]	Section 22 (1)
substitute
	(1)	The Executive may appoint a person to be the Electoral Commissioner.
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment brings the subsection into line with current drafting practice.  The reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.  This amendment also adds a  standard note about appointments.
[3.261]	Section 23
substitute
23	Functions of commissioner etc
	(1)	The commissioner is the chief executive officer of the electoral commission.
	(2)	The commissioner has the functions given to the commissioner under this Act or another Territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
	(3)	The commissioner may give written directions to officers and members of the staff of the electoral commission in relation to the exercise of their functions under this Act or another Territory law.
Explanatory note
This amendment brings this section into line with current drafting practice.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also adds a standard note about necessary and convenient powers related to a function.
[3.262]	Section 24
substitute
24	Delegation by commissioner
	(1)	The commissioner may delegate the commissioner’s functions under this Act or another Territory law to an officer or a member of the staff of the electoral commission.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	However, the commissioner must not delegate the commissioner’s functions under part 4 (Electorates).
Explanatory note
This amendment updates the delegation provision, as follows: 
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the commissioner’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations. 
[3.263]	Section 25
substitute
25	Term of appointment of commissioner
The commissioner must be appointed for a term of not longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
26	Conditions of appointment of commissioner generally
	(1)	The commissioner holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
	(2)	The commissioner may hold any other position that is compatible with the exercise of his or her functions as commissioner.
Explanatory note
This amendment splits existing section 25 into 2 new sections in line with current drafting practice.  Section 25 (4) is omitted because the Legislation Act 2001, s 208 provides for the reappointment of a person who is eligible for appointment.  This amendment also adds a standard note about delegations.
[3.264]	Section 28
omit
Explanatory note
This section is omitted because the Legislation Act 2001, section 210 provides for the resignation of a person from a statutory appointment.  A standard note about resignation is inserted by an amendment of section 29.
[3.265]	Section 29, heading
substitute
29	Suspension or ending of appointment of commissioner
Explanatory note
This amendment brings the language of the section heading into line with current drafting practice.
[3.266]	Section 29 (3) and (6)
omit
terminate
substitute
end
Explanatory note
End is the drafting term that is now used in relation to appointments.
[3.267]	Section 29 (6), new note
insert
Note	A person’s appointment also ends if the person resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment adds a standard note about resignation consequentially on the omission of section 28 by another amendment.
[3.268]	Section 30
omit
Explanatory note
This amendment omits an unnecessary provision about acting appointments for the following reasons:
·	section 30 (1) is unnecessary because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	section 30 (2) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment. 
[3.269]	Section 33 (1)
substitute
	(1)	The commissioner may appoint an adult to be an officer for this Act.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment brings the subsection into line with current drafting practice.  The reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.  This amendment also adds standard notes about appointments.
[3.270]	Section 37 (1)
omit
Explanatory note
This amendment omits a provision about the first redistribution of electorates.  The provision is now spent.
[3.271]	Section 37 (2)
renumber as section 37 (1)
Explanatory note
This amendment is consequential on the omission of section 37 (1).
[3.272]	Section 37 (3)
omit
	(3)	For subsection (2),
substitute
	(2)	For subsection (1),
Explanatory note
This amendment is consequential on the renumbering of section 37 (2).
[3.273]	Section 38 (2) and (3)
omit
commences
substitute
begins
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.274]	Section 39 (4) to (6)
substitute
Note 	For the making of appointments, see Legislation Act 2001, pt 19.3. 
	(4)	The member mentioned in subsection (3) (d) holds the position on the conditions that are decided by the electoral commission in consultation with the Minister and stated in the member’s appointment.
Explanatory note
A note about the making of appointments is added to section 39 (3).
Section 39 (4) is revised in accordance with current drafting practice.
Section 39 (5) is unnecessary because the Legislation Act 2001, section 212 provides that an appointment, or anything done under an appointment, is not invalid only because of a defect or irregularity in the appointment.
Section 39 (6) is unnecessary because the Legislation Act 2001, section 199 (4) provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership. 
[3.275]	Section 47 (3)
omit
Explanatory note
Section 47 (3) is unnecessary because of the Legislation Act 2001, section 199 (4).  That subsection provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership. 
[3.276]	Section 55 (2)
substitute
	(2)	In subsection (1):
decision includes a failure to make a decision.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.277]	Section 58 (1) (b)
omit 
Christian or
Explanatory note
This amendment brings the reference to given names into line with current drafting practice.
[3.278]	Section 59
substitute
59	Meaning of extract from roll
In this Act:
extract from a roll means the part of the roll that contains, for each elector enrolled at the time the extract is prepared—
	(a)	the elector’s surname or family name; and
	(b)	each given name of the elector; and
	(c)	the elector’s address, unless the elector is—
	(i)	an elector whose address is suppressed; or
	(ii)	an eligible overseas elector; or
	(iii)	an Antarctic elector; or
	(iv)	an elector who is enrolled because of the elector’s enrolment on the Commonwealth roll as an itinerant elector.
Note	A roll extract in electronic form is a disk, tape or other device from which the information in the extract may be reproduced by mechanical, electronic or other means (see dict, def of electronic form).
Explanatory note
This amendment brings the form of the definition of extract into line with current drafting practice.  The definition of roll extract in electronic form has been relocated to the dictionary as a definition of electronic form of a roll or an extract from a roll so that the concept applies to section 65 (Provision of roll information to prescribed authorities).
[3.279]	Section 65 (3)
omit
sheriff of the Territory
substitute
sheriff
Explanatory note
This amendment omits unnecessary words (see Legislation Act 2001, section 122).
[3.280]	Section 80 (6)
substitute
	(6)	In this section:
enrolment includes the enrolment of a person who is taken to have been enrolled under this part.
particulars—a reference (express or implied) to particulars relating to a person includes a reference to particulars taken to be recorded on the roll under this part.
Explanatory note
This amendment brings the form of the definitions into line with current drafting practice.
[3.281]	Section 81 (4)
substitute
	(4)	The deposit is not payable by an elector who objects to the enrolment of a person with a mental disability.
Explanatory note
This amendment brings the subsection into line with current drafting practice by removing the outdated concept of ‘unsound mind’.
[3.282]	Section 81 (5) (a)
substitute
	(a)	the objection is made because the enrolled person is a person with a mental disability and is not accompanied by a supporting medical certificate; or 
Explanatory note
This amendment brings the provision into line with current drafting practice by removing the outdated concept of ‘unsound mind’.
[3.283]	Section 81 (7) (b)
substitute
	(b)	the commissioner believes on reasonable grounds that an enrolled person is not entitled to be enrolled (other than the ground that the person is a person with a mental disability);
Explanatory note
This amendment brings the provision into line with current drafting practice by removing the outdated concept of ‘unsound mind’.
[3.284]	New section 81 (11)
insert
	(11)	In this section:
person with a mental disability means a person who is incapable of understanding the nature and significance of enrolment and voting, and includes such a person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991. 
Explanatory note
This amendment adds a definition of person with a mental disability for the provisions about objections to enrolment.  The definition is based on the concepts of the Commonwealth Electoral Act 1918 (Cwlth), section 93 (8) (b) and similar definitions in other ACT laws.
[3.285]	Section 85 (2) (b)
omit
performance of duties or functions
substitute
exercise of functions
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include duty. 
[3.286]	Section 100 (1)
substitute
	(1)	A general election under this Act must be held on the 3rd Saturday in October in the 3rd year after the year when the last ordinary election was held.
Explanatory note
This amendment omits a spent provision about the first election after the commencement of the Electoral (Amendment) Act 1997.
[3.287]	Section 102
substitute
102	Polling day
	(1)	A poll must be held for an election on the day when the election is required to be held under this part.
	(2)	This section is subject to section 111 (Need for a poll).
Explanatory note
This amendment brings the form of the section into line with current drafting practice.  The definition of polling day has been inserted into the dictionary because it applies to all of the Act.
[3.288]	Section 103 (4)
substitute
	(4)	A person is not eligible to be an MLA for the disqualification period if—
	(a)	the person is convicted of an offence against—
	(i)	section 285 (Bribery) or section 288 (Violence and intimidation); or
	(ii)	the Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty); or
	(iii)	the Criminal Code (Cwlth), part 2.4 relating to an offence mentioned in subparagraph (ii); or
	(b)	the person is found by the Court of Disputed Elections to have contravened (within the meaning of part 16) a section mentioned in paragraph (a) (i).
Note 1	A reference to an offence against a Territory law includes a reference to an offence against the Crimes Act 1900, pt 9 (Aiding and abetting, accessories, attempts, incitement and conspiracy) that relates to the law (see Legislation Act 2001, s 189).
Note 2	Contravention is defined for pt 16 (Disputed elections, eligibility and vacancies) in s 250.
	(5)	For subsection (4), the disqualification period is 2 years after the conviction or finding.
Explanatory note
This amendment revises the subsection to bring it into line with current drafting practice and to take into account the enactment of the Legislation Act 2001, section 189 (which is mentioned in note 1 above) and the Commonwealth Criminal Code.
[3.289]	Section 114 (8)
omit
Explanatory note
The substance of the subsection is incorporated in a revised definition of ballot paper inserted into the dictionary by another amendment.
[3.290]	Section 115 (4)
omit
Explanatory note
The substance of the subsection is incorporated in a revised definition of group inserted into the dictionary by another amendment.
[3.291]	Section 116 (1) (h)
omit
in this Act called
substitute
called
Explanatory note
This amendment omits unnecessary words because of the revised definition of candidate square inserted into the dictionary by another amendment.
[3.292]	Section 116 (1), new note
insert
Note	Group, in relation to candidates in an election, is defined in the dictionary.
Explanatory note
This amendment adds a note drawing attention to the definition of group in the dictionary.
[3.293]	Section 123 (6)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.294]	Section 136A (8), new note
insert
Note	For restrictions on sending completed ballot and voting papers by fax, see s 329.
Explanatory note
This amendment adds a note about restrictions on how certain electoral papers are sent.
[3.295]	Section 136B (8) (b)
substitute
	(b)	the reference in section 134 to an unoccupied voting compartment were a reference to an unoccupied part of the place where the elector attends before the officer concerned.
Explanatory note
This amendment clarifies a possible minor ambiguity in the provision.
[3.296]	Sections 136B (20) (b) and 136C (8) (b)
substitute
	(b)	the reference in section 135 (4) to an unoccupied voting compartment were a reference to an unoccupied part of the place where the elector attends before the officer concerned.
Explanatory note
This amendment clarifies a possible minor ambiguity in these provisions.
[3.297]	Section 139 (1), new note
insert
Note	For restrictions on sending completed ballot and voting papers by fax, see s 329.
Explanatory note
This amendment adds a note about restrictions on how certain electoral papers are sent.
[3.298]	Section 140 (4) (b)
omit 
Christian or
Explanatory note
This amendment brings the reference to given names into line with current drafting practice.
[3.299]	Section 141
omit
commencement
substitute
beginning
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.300]	Sections 159 (4) and 160 (6)
omit
Explanatory note
The substance of the subsections is incorporated in a revised definition of polling day inserted into the dictionary by another amendment.
[3.301]	Sections 168 and 169
substitute
168	Returning officers and assistants for Antarctic stations
	(1)	The commissioner must appoint a returning officer, and an assistant returning officer, for each station.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	The commissioner or the person in charge of a station may appoint an acting returning officer, or acting assistant returning officer, for a station.
	(3)	However, the person in charge of a station must not be appointed to be the returning officer, or assistant returning officer, for the station.
Explanatory note
This amendment updates the appointment provisions, as follows: 
·	the reference to the appointment under section 168 (1) being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing;
·	new subsection (2) has a similar operation to existing section 169 (1) and the Legislation Act 2001, section 209 (1).  That section provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	section 169 (2) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment.
This amendment also adds standard notes about appointments.
[3.302]	Section 175 (1), new note
insert
Note	A ballot paper completed by an Antarctic elector may be faxed to the commissioner, see s 329.
Explanatory note
The note explains the application of section 329 to Antarctic votes.
[3.303]	Section 179 (3)
omit
commence
substitute
begin
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.304]	Section 179 (4)
omit
commencement
substitute
beginning
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.305]	Section 197
omit
commences
substitute
begins
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.306]	Section 201 (2), definition of disclosure day, paragraph (a)
omit
(including the 15 February 1992 election)
Explanatory note
This amendment omits text that is now redundant.
[3.307]	Section 203 (3) (a)
substitute
	(a)	the person appointed is an adult; and
Explanatory note
This amendment brings the paragraph into line with current drafting practice.
[3.308]	Section 203 (5)
substitute
	(5)	A person taken to be a reporting agent in accordance with subsection (4) or section 204 (2) is taken to continue in the position until the person resigns from the position with the commissioner’s consent.
Explanatory note
Section 204 (1A) was renumbered as subsection (2) by the Electoral Amendment Act 2001, but a consequential amendment was not made to section 203 (5).  This amendment confirms the correction of the cross-reference made under the Legislation (Republication) Act 1996 and brings the subsection into line with current drafting practice.
[3.309]	Section 205 (4) (d)
substitute
	(d)	it comes to the commissioner’s notice that the person can no longer exercise the functions of a reporting agent.
Explanatory note
This amendment revises the paragraph to bring it into line with current drafting practice.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include duty. 
[3.310]	Section 236 (6)
omit
commenced
substitute
begun
Explanatory note
This amendment updates language in accordance with current drafting practice. 
[3.311]	Sections 237 (10) and 237A (8), new note
insert
Note 	For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
Explanatory note
This amendment adds a note about the relevant legislation for administering and taking oaths.
[3.312]	Section 250, new definition of contravention
insert
contravention, of a section of this Act or the Crimes Act 1914 (Cwlth), includes—
	(a)	attempting or conspiring to contravene that section; or
	(b)	aiding, abetting, counselling or procuring the contravention of that section.
Explanatory note
This amendment is consequential on the omission of section 250A by another amendment.  The definition re-enacts the substance of that section.
[3.313]	Section 250, definition of court
substitute
Court of Disputed Elections—see section 252 (2).
Explanatory note
This amendment is consequential on other amendments that state the name of the relevant court in full where appropriate.
[3.314]	Section 250, definition of illegal practice
omit
Explanatory note
The defined term is used only in section 266.  The definition is inserted into that section by another amendment.
[3.315]	Section 250, definition of proceeding
substitute
proceeding means a proceeding before the Court of Disputed Elections.
Explanatory note
This amendment revises the definition to set out the court’s full name.
[3.316]	Section 250, new definition of Speaker
insert
Speaker—see section 251.
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice.
[3.317]	Section 250, definition of undue influence
substitute
undue influence means a contravention of section 288 (Violence and intimidation) or the Crimes Act 1914 (Cwlth), section 28 (Interfering with political liberty).
Explanatory note
This amendment revises the definition by inserting the names of the relevant sections.
[3.318]	Section 250A
omit
Explanatory note
This amendment is consequential on relocation of the definition of contravention into section 250 in accordance with current drafting practice. 
[3.319]	Section 251
substitute
251	Meaning of Speaker for pt 16
	(1)	In this part:
Speaker includes—
	(a)	if the Speaker is unavailable—the Deputy Speaker; or
	(b)	if both the Speaker and Deputy Speaker are unavailable—another MLA who is not the subject of a proceeding and is appointed by the Assembly to act as the Speaker for this part; or
	(c)	if both the Speaker and Deputy Speaker are unavailable and no MLA is appointed for paragraph (b)—the clerk of the Assembly.
	(2)	For subsection (1), the Speaker or Deputy Speaker is unavailable if—
	(a)	the office-holder is absent from duty; or
	(b)	there is a vacancy in the office; or
	(c)	the office-holder is the subject of a proceeding.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.320]	Section 254
omit
Explanatory note
This amendment omits a redundant power to make rules of court.  The Supreme Court Act 1933, section 36 provides for the making of rules of court (and see also Legislation Act 2001, section 45 (Power to make court rules)).
[3.321]	Section 255
omit
court
substitute
Court of Disputed Elections
Explanatory note
This amendment is consequential on the omission of the definition of court from section 250 by another amendment.
[3.322]	Section 262
substitute
262	Parties to application under div 16.3
	(1)	The following people are entitled to appear in a proceeding under this division:
	(a)	the applicant;
	(b)	the commissioner;
	(c)	if a person whose election is being disputed files a notice of appearance within 7 days after the day when the person is served with a copy of the application under section 261—the person;
	(d)	anyone else with the leave of the Court of Disputed Elections.
	(2)	A person other than the applicant who appears under subsection (1) is to be taken to be a respondent to the application.
	(3)	This section does not apply to an application under section 263.
Explanatory note
This amendment adds a new subsection (3) to clarify the relationship between sections 262 and 263.  Section 263 states the people who are entitled to appear in an application before the Supreme Court under that section.  Also, section 262 (1) is amended to state the full name of the court and bring the subsection into line with current drafting practice.
[3.323]	Section 263 (5) to (8)
omit
court
substitute
Supreme Court 
Explanatory note
This amendment makes it clear that the court referred to is the Supreme Court.
[3.324]	Section 264 (1)
omit
in the manner prescribed by rules of court
substitute
in accordance with the Supreme Court Rules
Explanatory note
This amendment cites the name of the relevant rules.
[3.325]	Section 265
omit
The court
substitute
The Court of Disputed Elections
Explanatory note
This amendment states the full name of the court in line with current drafting practice.
[3.326]	New section 266 (5)
insert
	(5)	In this section:
illegal practice means a contravention of this Act, and includes undue influence.
Note	Contravention and undue influence are defined in s 250.
Explanatory note
This amendment is consequential on the omission of the definition of this term from section 250 by another amendment.
[3.327]	Section 282
omit
legal practitioner
substitute
lawyer
Explanatory note
This amendment updates the term in accordance with current drafting practice. 
[3.328]	Section 284
substitute
284	Costs may be ordered against Territory
Even if the Territory is not a party to a proceeding, the Court of Disputed Elections may order the Territory to pay all or any of the costs of the proceeding.
Explanatory note
This amendment updates the language of the section and includes the full name of the court.
[3.329]	Section 286
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.330]	Section 295 (2) and (3)
substitute
	(2)	In this section:
government agency means—
	(a)	an administrative unit; or
	(b)	a Territory instrumentality; or
	(c)	a statutory office-holder and the staff assisting the statutory office-holder.
publication, of a government agency, does not include a publication that is published for the first time within 6 months immediately before a general election if the publication includes a picture of an MLA.
Explanatory note
This amendment remakes the subsections to bring the form of the definition of publication (previously subsection (2)) into line with current drafting practice. 
[3.331]	Section 299 (4), definition of lessee
substitute
lessee—see the Land (Planning and Environment) Act 1991, section 159.
Explanatory note
This amendment brings the provision into line with current drafting practice by referring to the section that defines the term.
[3.332]	Sections 321 and 322
substitute
321	Restraining conduct
	(1)	This section applies if a person (the relevant person) has engaged, is engaging, or proposes to engage, in conduct that was, is, or would be, a contravention of this Act or another Territory law in its application to elections.
	(2)	The commissioner or, if the conduct relates to an election, a candidate in the election may apply to the Supreme Court for an injunction.
	(3)	On application under subsection (2), the Supreme Court may grant an injunction—
	(a)	restraining the relevant person from engaging in the conduct; and
	(b)	if, in the court’s opinion, it is desirable to do so, requiring the relevant person to do anything.
	(4)	The Supreme Court may grant an injunction restraining a person from engaging in conduct of a particular kind—
	(a)	if satisfied that the person has engaged in conduct of that kind, whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
	(b)	if it appears to the court that, if an injunction is not granted, it is likely the person will engage in conduct of that kind, whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.
322	Requiring things to be done
	(1)	This section applies if a person (the relevant person) has failed, is failing, or proposes to fail to do something in contravention of this Act or another Territory law in its application to elections.
	(2)	The commissioner or, if the conduct relates to an election, a candidate in the election may apply to the Supreme Court for an injunction requiring the relevant person to do the thing.
	(3)	On application under subsection (2), the Supreme Court may grant an injunction requiring the relevant person to do the thing.
	(4)	The Supreme Court may grant an injunction requiring a person to do something—
	(a)	if satisfied that the person has failed to do the thing, whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or
	(b)	if it appears to the court that, if an injunction is not granted, it is likely the person will fail to do the thing, whether or not the person has previously failed to do the thing and whether or not there is an imminent danger of substantial damage to someone else if the person fails to do the thing.
Explanatory note
This amendment recasts the sections in accordance with current drafting practice.  In particular, references in section 322 to a person refusing to do an act or thing are omitted.  Fail is defined in the Legislation Act 2001, dictionary, part 1 to include refuse.  It is the drafting term that is now used.
[3.333]	Section 323
omit
court shall
substitute
Supreme Court must
Explanatory note
This amendment states the name of the relevant court.
[3.334]	Section 327, new note
insert
Note	For other ways of serving documents, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a note about service of documents.
[3.335]	Section 329
substitute
329	Restrictions on sending completed ballot and voting papers by fax
	(1)	This section applies to—
	(a)	a completed ballot paper (other than a ballot paper completed by an Antarctic elector); and
	(b)	a completed declaration voting paper.
	(2)	Despite the Legislation Act 2001, part 19.5 (Service of a document), a document (including a copy of the document) to which this section applies cannot be served on a person by faxing it to the person.
Note	For other ways of serving the documents and other documents under this Act, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment amends the section consequentially on the enactment of the service provisions of the Legislation Act 2001 and brings the section into line with current drafting practice.
[3.336]	Section 335
substitute
335	Storage and destruction of electoral papers
	(1)	This section applies to electoral papers in the commissioner’s possession that were used for an election.
	(2)	The commissioner must securely store the electoral papers until whichever of the following happens last:
	(a)	the beginning of the pre-election period for the next general election; 
	(b)	the electoral papers are no longer required by the commissioner, another member of the electoral commission or a member of the staff of the commission for exercising a function under this Act.
	(3)	The commissioner may destroy the electoral papers only when the last of the matters mentioned in subsection (2) happens.
Explanatory note
This amendment brings the form of the section into line with current drafting practice.
[3.337]	Section 338
substitute
338	Acts and omissions of representatives
	(1)	In this section:
representative means—
	(a)	for a corporation—an executive officer, employee or agent of the corporation; or
	(b)	for an individual—an employee or agent of the individual.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(3)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(4)	An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (2) or (3).
Explanatory note
This amendment brings the section into line with current drafting practice. 
[3.338]	Section 340A (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.339]	Dictionary, notes 1 and 2
substitute
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	adult
·	doctor
·	exercise
·	fail
·	function
·	Self-government Act
·	Speaker.
Explanatory note
This amendment updates the dictionary notes.
[3.340]	Dictionary, definition of ballot paper
substitute
ballot paper—
	(a)	includes an electronic ballot paper; and
	(b)	if regulations are in force under section 114 (7) (Ballot papers)—means a ballot paper in the form prescribed under the regulations.
Note	A ballot paper is required to be in the form set out in sch 1 (see s 114 (1)).
Explanatory note
This amendment is consequential on the omission of section 114 (8) by another amendment and also brings the definition into line with current drafting practice.
[3.341]	Dictionary, definition of candidate square
substitute
candidate square—see section 116 (1) (h) (Printing of ballot papers).
Explanatory note
This amendment brings the definition into line with current drafting practice.
[3.342]	Dictionary, definition of contravention
substitute
contravention, for part 16 (Disputed elections, eligibility and vacancies)—see section 250.
Explanatory note
This amendment is consequential on the amendment of section 250 and section 250A.
[3.343]	Dictionary, definition of court
omit
Explanatory note
This amendment is consequential on the omission of this definition from section 250 by another amendment.
[3.344]	Dictionary, definition of Court of Disputed Elections
substitute
Court of Disputed Elections—see section 252 (2).
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice. 
[3.345]	Dictionary, new definition of electronic form
insert
electronic form, of a roll or an extract from a roll, means a disk, tape or other device from which the information in the extract or roll may be reproduced by mechanical, electronic or other means.
Explanatory note
The definition of electronic form is consequential on the amendment of section 59 by another amendment.
[3.346]	Dictionary, definition of extract
substitute
extract, from a roll—see section 59.
Explanatory note
This amendment is consequential on the amendment of section 59 by another amendment.
[3.347]	Dictionary, definition of group
substitute
group, in relation to candidates in an election, means candidates whose names are grouped on the ballot papers in accordance with section 115 (1) or (2), whichever is applicable.
Explanatory note
This amendment includes the substance of the definition presently in section 115 (4).  The subsection is omitted by another amendment.
[3.348]	Dictionary, definition of illegal practice
omit
Explanatory note
This amendment is consequential on the relocation of the definition to section 266 by another amendment.  The defined term is used only in that section.
[3.349]	Dictionary, definition of polling day
substitute
polling day—
	(a)	means the day when, apart from section 111 (Need for an election), a poll for an election would be required; and
	(b)	except in part 8 (Timing of elections) and part 9 (Arrangements for elections), includes—
	(i)	if the time for holding an election is extended under section 159 for more than 1 day—each of those days; and
	(ii)	if polling is suspended under section 160—a day when polling is resumed.
Explanatory note
This amendment brings the definition into line with current drafting practice and combines the effect of sections 102 (2), 159 (4) and 160 (6).
[3.350]	Dictionary, definition of Speaker
substitute
Speaker—
	(a)	for part 13 (Casual vacancies)—see section 190; and
	(b)	for part 16 (Disputed elections, eligibility and vacancies)—see section 251. 
Note	Speaker is defined in the Legislation Act 2001, dict. pt 1.
Explanatory note
This amendment updates paragraph (b) consequentially on the substitution of a new section 251 by another amendment.
[3.351]	Further amendments, mentions of court in pt 16
omit
court
substitute
Court of Disputed Elections
in
·	section 266 (1) (1st mention)
·	section 266 (2)
·	section 266 (3) (1st mention)
·	section 266 (4) (1st mention)
·	section 267 (1st mention)
·	section 268
·	section 269 (1) and (2)
·	section 269 (3) (1st mention)
·	section 270 (1st mention)
·	section 271 (1st mention)
·	sections 272 to 274
·	section 275 (1) to (3)
·	section 275 (4) (1st mention)
·	section 276
·	section 277 (a)
·	section 278 (1st mention)
·	section 279 (1st mention)
·	sections 280 and 281
·	section 283.
Explanatory note
This amendment states the full name of the court in accordance with current drafting practice.
[3.352]	Further amendments, new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
after
·	section 52 (1)
·	section 67 (1)
·	section 73 (3)
·	section 76 (3)
·	section 81 (6)
·	section 90 (1)
·	section 110 (3)
·	section 194 (2)
·	section 203 (3)
·	section 237 (3).
Explanatory note
This amendment adds standard notes about service of documents.
[3.353]	Further amendments, additional note
substitute 
Note 1	If a form is approved under s 340A (Approved forms) for a return, the form must be used.
Note 2	For how a return may be given, see Legislation Act 2001, pt 19.5.
for the note after
·	section 217 (1)
·	section 218 (1)
·	section 220 (2)
·	section 221 (1)
·	section 221A (1)
·	section 224 (1)
·	section 226 (1)
·	section 230 (1)
·	section 231B (1).
Explanatory note
This amendment adds standard notes about service of documents.
Part 3.22	Electoral Regulations 1993
[3.354]	Regulation 3, definition of City of Canberra Arms
substitute
City of Canberra Arms—see the City of Canberra Arms Act 1932, section 3.
Explanatory note
This amendment adds a reference to the relevant provision of the City of Canberra Arms Act 1932.
[3.355]	Regulation 6 (1)
omit everything before paragraph (a), substitute
6	Prescribed classes of items—Act, s 295 (d)
	(1)	The following classes of items are prescribed:
Explanatory note
This amendment adds the relevant provision of the Act to the regulation heading in accordance with current drafting practice. 
[3.356]	Regulation 6 (2)
substitute
	(2)	In subregulation (1) (d):
publication does not include a publication that is published for the first time within 6 months before a general election if the publication includes a picture of an MLA.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
Part 3.23	Electronic Transactions Act 2001
[3.357]	Section 5, definition of data
omit
Explanatory note
This amendment omits a definition that is included in a revised form in a new dictionary inserted by another amendment.
[3.358]	Section 5, remaining definitions
relocate to the dictionary
Explanatory note
This amendment relocates to the dictionary all the remaining definitions.
[3.359]	Section 5, remainder
substitute
5	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘computer program—see the Copyright Act 1968 (Cwlth), section 10.’ means that the expression ‘computer program’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Explanatory note
This amendment adds a dictionary provision.
[3.360]	Division 2.4, heading
substitute
Part 3	Miscellaneous
Explanatory note
This amendment brings the division heading into line with current drafting practice.
[3.361]	New dictionary
insert
Dictionary
(see s 5)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	document
·	regulations
·	the Territory.
computer program—see the Copyright Act 1968 (Cwlth), section 10.
data includes all or part of a computer program.
Explanatory note
This amendment adds a new dictionary.
Part 3.24	Executive Documents Release Act 2001
[3.362]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary inserted by another amendment.
[3.363]	Section 3, remainder
substitute
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘release restraint determination—see section 8 (2).’ means that the expression ‘release restraint determination’ is defined in that subsection.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Explanatory note
This amendment adds a dictionary provision.
[3.364]	Section 11
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
[3.365]	Section 12, heading
substitute
12	Regulation-making power
Explanatory note
This amendment corrects a minor error in the section heading.
[3.366]	New dictionary
insert
Dictionary
(see s 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief executive
·	document
·	Executive
·	Speaker
·	the Territory.
Explanatory note
This amendment adds a new dictionary.
Part 3.25	Financial Management Act 1996
[3.367]	Section 53A 
omit everything after subsection (7), substitute
	(8)	The Treasurer must consider each application and either refuse it or approve it completely or partly.
	(9)	The Treasurer must give the applicant written notice of his or her decision.
	(10)	A payment approved by the Treasurer under subsection (8) may be made whether or not an appropriation is available for the purpose.
Explanatory note
This amendment removes inconsistencies between the language used in the subsections.  It also removes any doubt about the effectiveness of the amendment made by Act 2001 No 95, section 21.  This amendment inserted a subsection that was incorrectly numbered at the time the amendment commenced because of the renumbering of subsections required by Act 2001 No 44, amendment 1.1636.
[3.368]	Section 53B
omit
wholly
substitute
completely
Explanatory note
This amendment is consequential on the amendment of section 53A.
[3.369]	New dictionary
insert
Dictionary
(see s 3)
(commencement: 31 December 2001)
Explanatory note
This amendment adds the dictionary heading.  This amendment is taken to have commenced on 31 December 2001 to remove any doubt about the effectiveness of Act 2001 No 95, amendment 1.4, which relocated definitions to the dictionary effective from 1 January 2002.
Part 3.26	Financial Management Legislation Amendment Act 2001 No 45
[3.370]	Section 4
substitute
4	Dictionary, new definitions of interest and invest
insert
interest includes a dividend and any other financial return on a deposit, loan or other investment.
invest includes enter into a transaction or arrangement for the protection or enhancement of investments.
(commencement: 12 January 2002)
Explanatory note
This amendment removes any doubt about the effectiveness of an amendment made by Act 2001 No 45, section 4.  That amendment inserted the definitions into the Financial Management Act 1996, section 3 instead of the dictionary.  The amendment was correct when the amendment was enacted, but was overtaken by a later enacted amendment of the Act that commenced first.  This amendment is backdated to the commencement of section 4 of the amending Act.
Part 3.27	Firearms Act 1996
[3.371]	Section 4, definition of public place
omit
within the meaning of the Pubic Parks Act 1928
Explanatory note
This amendment omits a reference to a repealed Act.
Part 3.28	Firearms Regulations 1997 SL 1997 No 13
[3.372]	Regulation 2
substitute
2	Commencement
These regulations commence on 19 May 1997.
(commencement: 19 May 1997)
Explanatory note
The commencement provision of these regulations provided that the regulations ‘commence on the day on which section 4 of the Firearms Act 1996 commences’.  That section commenced on 17 May 1997 but the regulations were not notified in the Gazette until 19 May 2001.
The backdating of this amendment makes it clear that the regulations validly commenced on 19 May 1997.  This result is consistent with the provision now made by the Legislation Act 2001, section 73 (3) (which is about the commencement of laws).
The commencement provision is being reinserted because regulation 2 was repealed by the Statute Law Amendment Act 2001.
Part 3.29	Fisheries Act 2000
[3.373]	Sections 26 (1) (a), 28 (1) (a) and 34 (1) (b)
omit
part 3
substitute
part 4
Explanatory note
This amendment updates cross-references to the Nature Conservation Act 1980 consequentially on the renumbering of the provisions of that Act. 
Part 3.30	Fisheries Regulations 2001
[3.374]	Regulations 3 and 4
substitute
3	Prescribed number of fish—Act, s 37 (1)
The number of fish prescribed for any period is zero.
4	Prescribed quantity of fish—Act, s 45 (1)
The quantity of fish prescribed is 0kg.
Explanatory note
This amendment omits unnecessary text from each regulation and brings it into line with current drafting practice.
Part 3.31	Food Act 2001
[3.375]	Section 41 (2), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.376]	Section 51 (2), new note
insert 
Note	The Legislation Act 2001, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
Explanatory note
This amendment is consequential on the omission of sections 64 and 65 by another amendment
[3.377]	Sections 64 and 65
omit
Explanatory note
This amendment omits section 64 (Selfincrimination) and section 65 (Legal professional privilege) consequentially on the insertion in the Legislation Act 2001 of new sections 170 and 171 by another amending law.
[3.378]	Section 79, note 2
substitute
Note 2	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment brings the note into line with the standard note about service of documents.
[3.379]	Section 82, new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.380]	Section 94, heading
substitute
94	Issue or amendment of registration subject to conditions
Explanatory note
This amendment revises the heading to make it more descriptive of the section’s content.
[3.381]	Section 101 (1) (a)
omit
varied
substitute
amended
Explanatory note
This amendment brings the language of the section into line with the remainder of the Act.
[3.382]	Sections 149 (2) and 152 (3), notes
substitute
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment updates the notes.
[3.383]	Section 151 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.384]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief health officer
·	exercise
·	function.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.32	Gaming Machine Act 1987
[3.385]	Section 23B (3)
omit
number of
substitute
number or
Explanatory note
This amendment corrects a minor error.
[3.386]	Sections 68 to 70
substitute
Part 9	Transitional provisions
68	Transitional provision for clubs not incorporated under the Corporations Law
	(1)	This section applies to a club if—
	(a)	the club was a licensee immediately before 1 June 2000; and
	(b)	before 1 January 2001 the commission allowed an application by the club for this section to apply to the club.
	(2)	The club does not cease to be an eligible club during the period (not longer than 2 years) allowed by the commission for the application of this section to the club only because, during the period, it is not incorporated in the ACT under the Corporations Act.
69	Transitional provision for associated organisations
	(1)	This section applies to an associated organisation if—
	(a)	the organisation satisfied section 30D immediately before 1 June 2000; and
	(b)	before 1 January 2001 the commission allowed an application by the club for this section to apply to the club.
	(2)	The organisation does not cease to be an associated organisation during the period (not longer than 2 years) allowed by the commission for the application of this section to the organisation only because, during the period, it does not satisfy section 30D as it was amended by the Gaming Machine Amendment Act 2000, section 8.
70	Expiry of pt 9
This part expires on 1 June 2003.
Explanatory note
This amendment updates the transitional provisions and adds a new part heading.
This amendment also omits existing section 70 which is redundant.  The reference in that section to the Gaming Machine Amendment Act 2000, section 9 is a reference to clause 9 of the bill that became the Act.  The clause was not agreed to by the Legislative Assembly, but clause 70 was not consequentially omitted from the bill.
Part 3.33	Government Procurement Act 2001
[3.387]	Section 3, note 1
substitute
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or other legislation.
	For example, the signpost definition ‘responsible chief executive—see the Auditor-General Act 1996, dictionary.’ means that the expression ‘responsible chief executive’ is defined in the dictionary and the definition applies to this Act.
Explanatory note
This amendment is consequential on the insertion of a dictionary into the Auditor-General Act 1996 by another amendment.
[3.388]	Section 6, new note
insert
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Explanatory note
This amendment adds a standard note about necessary and convenient powers related to a function.
[3.389]	Section 7 (1)
substitute
	(1)	The board may make procurement guidelines for this Act.
Explanatory note
This amendment revises the subsection to take account of the Legislation Act 2001, section 44 (1) which provides that a power to make statutory instruments includes the power to make a statutory instrument with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law.
[3.390]	Section 7 (2)
omit
Without limiting subsection (1), the
substitute
The
Explanatory note
This amendment omits unnecessary words (see Legislation Act 2001, section 44 (3)).
[3.391]	Section 7 (3)
substitute
	(3)	The procurement guidelines may apply, adopt or incorporate an instrument (or a provision of an instrument) as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment brings the subsection into line with the Legislation Act 2001, section 47 and adds standard notes about the operation of that section.
[3.392]	Section 12 (1), notes
substitute
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment brings the notes into line with the standard note about appointments.
[3.393]	Section 13
substitute
13	Term of appointment of members
A member must be appointed for a term of not longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment brings the section into line with current drafting practice.  In particular, it removes a provision that requires the instrument of appointment to state the period of appointment because the Legislation Act 2001, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.
[3.394]	Section 25
substitute
25	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after 24 May 2006.
	(2)	A report on the outcome of the review must be presented by the Minister to the Legislative Assembly by 24 November 2006.
	(3)	This section expires on 24 May 2007.
Explanatory note
This amendment revises the section to insert references to the relevant dates.
[3.395]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	exercise
·	function
·	public employee.
Explanatory note
This amendment adds standard dictionary notes.
[3.396]	Dictionary, definition of responsible chief executive
substitute
responsible chief executive—see the Auditor-General Act 1996, dictionary.
Explanatory note
This amendment is consequential on the insertion of a dictionary into the Auditor-General Act 1996 by another amendment.
Part 3.34	Government Solicitor Act 1989
[3.397]	Section 5 (12), definition of Territory entity
substitute
Territory entity—see the Auditor-General Act 1996, dictionary.
Explanatory note
This amendment is consequential on the insertion of a dictionary into the Auditor-General Act 1996 by another amendment.
Part 3.35	Guardianship and Management of Property Act 1991
[3.398]	Section 2A, heading
substitute
2	Dictionary
Explanatory note
This amendment renumbers the section.
[3.399]	Section 3 (Principles to be observed) and section 3 (Jurisdiction of the Supreme Court not affected)
omit
Explanatory note
Section 3 (Principles to be observed) is made redundant by section 4 (What are a person’s interests), which was inserted by the Guardianship and Management of Property Amendment Act 2001.  Section 3 (Jurisdiction of the Supreme Court not affected) is unnecessary and predates the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 48A.  That section gives the Supreme Court all original and appellate jurisdiction that is necessary for the administration of justice in the Territory but provides that the court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.
[3.400]	New section 3
insert
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds a standard provision about the legal status of notes.
[3.401]	Dictionary
omit
(see s 2A)
substitute
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	exercise
·	function
·	Magistrates Court.
Explanatory note
This amendment is consequential on the renumbering of section 2A by another amendment and adds standard dictionary notes.
Part 3.36	Health and Community Care Services Act 1996
[3.402]	Section 32 (1), new note
insert
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
Explanatory note
This amendment adds a standard note about the determination of fees and charges.
Part 3.37	Health Professions Boards (Procedures) Act 1981
[3.403]	Section 34
substitute
34	Witness fees and travelling expenses
	(1)	This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).
	(2)	The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.
Note	For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.
	(3)	The fees and expenses are payable by—
	(a)	if the witness attended at the request of the Minister—the Territory; or
	(b)	in any other case—the person who requested the attendance of the witness.
	(4)	However, if the board believes that it was reasonable for a person other than the Minister to request a person to appear before the board, the board may order that some or all of the fees and expenses be paid by the Territory.
Explanatory note
This amendment does not make a substantive change in the entitlements of a witness.  The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale.  The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale.  The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.
Part 3.38	Land (Planning and Environment) Act 1991
[3.404]	Sections 1 and 4
substitute
1	Name of Act
This Act is the Land (Planning and Environment) Act 1991.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘order, for part 6 (Approvals and orders)—see section 222.’ means that the expression ‘order’ is defined in that section and the definition applies to part 6 of this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice, adds standard dictionary and notes provisions and omits the definition section for the Act.  The definitions in section 4 are inserted into a new dictionary inserted by another amendment.
[3.405]	Section 5, definition of Commonwealth Planning Act
omit
Explanatory note
This amendment omits a definition made redundant by other amendments.
[3.406]	Section 5, new definition of consultation notice
insert
consultation notice—see section 19 (Public consultation—notification).
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice.
[3.407]	Section 5, definition of draft plan variation
substitute
draft plan variation means a draft plan variation notified under section 19, as revised under sections 22 (1) (a) and 27, and includes a draft stage or part of the variation.
Explanatory note
This amendment revises the definition to include the substance of section 6 which is omitted by another amendment.  A provision based on section 6 (b) is unnecessary because the Legislation Act 2001, section 13 (3) provides that a reference to a statutory instrument includes a reference to a provision of the instrument.
[3.408]	Section 5, definition of national authority 
omit
Explanatory note
The Legislation Act 2001, dictionary, part 1 defines the national capital authority.  The references to national authority are changed to national capital authority by other amendments.
[3.409]	Section 5, definition of national capital plan
substitute
national capital plan means the plan approved under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 19.
Note 	A reference to an instrument under a law includes a reference to the instrument as amended from time to time (see Legislation Act 2001, s 102)
Explanatory note
This amendment is consequential on the omission of the definition of Commonwealth Planning Act.
[3.410]	Section 6
omit
Explanatory note
This amendment omits the section because the substance of the section is incorporated into the definition of draft plan variation by another amendment.
[3.411]	Section 7 (3) (g) and (h)
substitute
	(g)	provide for other matters relevant to the exercise of the powers of the Territory, the Executive or a Territory authority under a Territory law, or the administrative review of the exercise of those powers; and
	(h)	provide for other matters that are necessary or convenient.
Explanatory note
This amendment brings the language and structure of the paragraphs into line with current drafting practice.
[3.412]	Section 9 (1) and (2)
substitute
	(1)	This section applies to a draft plan variation if a consultation notice states that it applies.
	(2)	The Territory, the Executive, a Minister or a Territory authority must not, during the defined period or a period stated in the consultation notice, whichever is shorter, do or approve the doing of anything that—
	(a)	would be inconsistent with the plan if it were varied in accordance with the draft variation; or
	(b)	is inconsistent with the plan.
	(2A)	Subsection (2) is subject to section 11 (Draft heritage places register and variations—lack of effect).
Explanatory note
This amendment brings the language and structure of the provisions into line with current drafting practice.
[3.413]	Section 9 (4), definition of draft plan variation
omit
Explanatory note
This amendment omits an unnecessary provision.  Section 9 (1) and paragraph (a) of the definition are identical in substance to the definition of this term in section 5 and paragraph (b) is unnecessary because the Legislation Act 2001, section 13 (3) provides that a reference to a statutory instrument includes a reference to a provision of the instrument.
[3.414]	Section 9
renumber subsections when Act next republished under the Legislation Act 2001
Explanatory note
This amendment is consequential on the insertion of a new subsection by another amendment.
[3.415]	Section 17 (1)
omit
if it agrees with all the proposals contained in the register or any of them
substitute
if it agrees with any of the proposals in the interim register
Explanatory note
This amendment updates language and makes the reference to ‘the register’ consistent with the remainder of the subsection.
[3.416]	Section 18 (2)
substitute
	(2)	The Minister may direct that an assessment be made, or establish a panel to conduct an inquiry, about any aspect of a draft plan variation or a proposed draft plan variation.
	(3)	The Minister may initiate action under subsection (2) or act on written request by the authority.
Explanatory note
This amendment brings the language and structure of the provision into line with current drafting practice.
[3.417]	Section 19 (1) (c)
omit
national authority
substitute
national capital authority 
Explanatory note
This amendment is consequential on the omission of the definition of national authority from section 5 by another amendment.
[3.418]	Section 19A (1)
omit
under section 19
Explanatory note
This amendment is consequential on the insertion of a definition of consultation notice into section 5 by another amendment.
[3.419]	Section 19B (1)
omit
under section 19 (1) (Public consultation—notification)
Explanatory note
This amendment is consequential on the insertion of a definition of consultation notice into section 5 by another amendment.
[3.420]	Section 20
omit
national authority
substitute
national capital authority 
Explanatory note
This amendment is consequential on the omission of the definition of national authority from section 5 by another amendment.
[3.421]	Section 21 (2)
omit 
(ba)
substitute
(c)
Explanatory note
This amendment corrects a cross-reference.
[3.422]	Sections 22 (5) and 24 (1)
omit
national authority
substitute
national capital authority 
Explanatory note
This amendment is consequential on the omission of the definition of national authority from section 5 by another amendment.
[3.423]	Section 24 (1) (d)
omit
, being a report
Explanatory note
This amendment omits unnecessary text.
[3.424]	Section 26 (6)
omit
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.425]	Section 27
substitute
27	Return of draft plan variation to authority
	(1)	This section applies if the Executive returns a draft plan variation to the authority with directions under section 26 (1) (b).
	(2)	The authority must comply with each Executive direction.
	(3)	If a direction is given under section 26 (1) (b) (i), (ii) or (iii), the authority may revise the draft variation and resubmit it to the Executive for approval together with a written report about the authority’s compliance with the Executive’s direction and any further revision of the draft variation under section 22 (6).
	(4)	If a direction is given under section 26 (1) (b) (iv), the authority must resubmit the draft variation (as revised) together with a written report about any further revision of the draft variation under section 22 (6).
Explanatory note
This amendment brings the language and structure of the section into line with current drafting practice.
[3.426]	Section 29 (1)
substitute
	(1)	A plan variation must be presented to the Legislative Assembly within 5 sitting days after the day it is approved by the Executive, together with copies of the following documents in relation to the variation:
	(a)	the background papers;
	(b)	the summaries and reports mentioned in section 24 (b), (c) and (d);
	(c)	any direction under section 26 (1) (b);
	(d)	any report mentioned in section 26 (1) (b) (ii);
	(e)	any report mentioned in section 27 (c).
	(1A)	Subsection (1) is subject to section 26 (6) (Executive powers).
Explanatory note
This amendment brings the language and structure of the subsection into line with current drafting practice.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.  This amendment also clarifies that copies of the background papers (rather than the originals) must be presented to the Legislative Assembly.
[3.427]	Section 29 (2) to (5)
omit
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.428]	Section 29 (6)
omit
expiration
substitute
end
Explanatory note
This amendment updates language.
[3.429]	Section 29 (6)
omit
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.430]	Section 29 (6)
omit
pursuant to subsection (4), to be deemed
substitute
under subsection (4), taken
Explanatory note
This amendment updates language.
[3.431]	Section 29
renumber subsections when Act next republished under the Legislation Act 2001
Explanatory note
This amendment is consequential on the insertion of a new subsection by another amendment.
[3.432]	Section 30A (5)
omit
Explanatory note
This amendment omits an unnecessary provision.  The Legislation Act 2001, section 73 provides for a statutory instrument to commence in accordance with a commencement notice.
[3.433]	Section 33
substitute
33	Establishment of authority 
	(1)	The Australian Capital Territory Planning Authority is established.
	(2)	The chief executive must appoint a public servant as the chief executive of the authority.
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain an executive office in the public service for the authority.  The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.  This amendment also adds a standard note about appointments.
[3.434]	Section 36 (1) (c) and (d)
substitute
	(c)	to exercise other functions required under this Act, another Territory law or a Commonwealth law; and
	(d)	with the written approval of the Minister, to carry out planning services for an entity in Australia or overseas.
Note 1	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Note 2	An entity includes a person, see Legislation Act 2001, dict, pt 1, def of entity.
Explanatory note
This amendment brings the language of the paragraphs into line with current drafting practice.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  The amendment also adds a standard note about necessary and convenient powers related to a function.  The note is consequential on the omission of section 38 (1) by another amendment.
[3.435]	Section 36 (2) 
omit 
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.436]	Section 37 (1) 
omit 
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.437]	Sections 38 and 40
substitute
38	Power to enter into contracts
	(1)	For the exercise of its functions, the authority may, on behalf of the Territory, enter into contracts.
	(2)	However, the authority must not, except with the Minister’s approval, enter into a contract involving the payment or receipt by the authority of more than $100 000.
	(3)	Also, subsection (1) does not give the authority power to enter into a contract of employment.
40	Delegation
The authority may delegate the authority’s functions under this Act to a public servant or to the holder of a position established under this or another Act.
Note 1	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Note 2	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Explanatory note
This amendment brings the language of section 38 into line with current drafting practice.  It also omits section 38 (1) which is unnecessary because of the Legislation Act 2001, section 196 (1).  That section provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function. 
This amendment also updates the delegation provision, as follows: 
·	the words ‘by instrument’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the authority’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations. 
[3.438]	Section 41
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.439]	Section 52, heading
substitute
52	Definitions for pt 3
Explanatory note
This amendment brings the heading into line with current drafting practice.
[3.440]	Section 52 (1) 
omit
	(1)	In this part:
substitute
In this part:
Explanatory note
This amendment omits a subsection number no longer needed because of the relocation of the provisions of the only other subsection to a new section by another amendment.
[3.441]	Section 52 (1), definition of interim heritage places register, new note
insert
Note	The heritage places register means the register of heritage places incorporated in the plan (see the dict, def of heritage places register).
Explanatory note
This amendment adds a note to help users of the Act.
[3.442]	Section 52 (2)
omit
Explanatory note
The subsection is replaced by new section 53 which is inserted by another amendment.
[3.443]	New section 53, division 3.1
insert
53	Compliance with requirements for consultation or notification
If the Executive, the Minister or the heritage council is required under this part to consult or notify an entity, the requirement is taken to be complied with if the Executive, the Minister or the heritage council takes all reasonable steps to consult or notify the entity.
Explanatory note
This amendment adds the substance of section 52 (2) as a new section.  As section 52 (2) refers to person or body (whether incorporated or not), ‘entity’ is more appropriate.
[3.444]	Section 54 (1) 
omit
	(1)	The heritage places register shall—
substitute
The heritage places register must—
Explanatory note
This amendment omits a subsection number consequential on the omission of subsection 54 (2) by another amendment and updates language.
[3.445]	Section 54 (2)
omit
Explanatory note
The subsection is unnecessary because of the Legislation Act 2001, section 148.  That section provides that, subject to any contrary intention, words and expressions used in a statutory instrument have the same meanings as they have in the authorising law or the relevant provision of the authorising law under which the instrument is made or in force.
[3.446]	Section 55 (3), definition of defined period, paragraph (a)
omit
heritage register
substitute
heritage places register
Explanatory note
This amendment clarifies which register is being referred to.
[3.447]	Section 60 (4) and (5)
omit
interim heritage places register
substitute
interim register
Explanatory note
This amendment brings the references to the register into line with current drafting practice.
[3.448]	Section 60 (6)
omit
interim register
substitute
interim heritage places register
Explanatory note
This amendment brings the subsection into line with sections 61 (1) and 62 (7).
[3.449]	Section 62 (4) (b) and (5)
omit
interim heritage places register
substitute
interim register
Explanatory note
This amendment brings the references to the register into line with current drafting practice.
[3.450]	Section 66
substitute
66	Definitions for div 3.5
In this division:
registered, in relation to a place, means a place for which—
	(a)	there is an entry in the heritage places register; or
	(b)	there is a provision in an interim heritage places register that has the effect of including an entry for the place in the heritage places register.
registration, in relation to a place, means—
	(a)	making an entry for the place in a heritage places register; or
	(b)	including a provision in an interim heritage places register that has the effect of including an entry for the place in a heritage places register.
unregistered, in relation to a place, means a place that is not a registered place.
Explanatory note
This amendment revises the heading to bring it into line with current drafting practice, omits the definitions in subsection 66 (1) and recasts the definitions in subsection 66 (2) in accordance with current drafting practice.  The definitions of register and interim register in subsection (1) are made unnecessary by other amendments which insert the names of the heritage places register, and interim heritage places register, in full, as appropriate.
[3.451]	Section 69 (1) (a)
omit
interim register
substitute
interim heritage places register
Explanatory note
This amendment is consequential on the omission of the definition of interim register from section 66 by another amendment.
[3.452]	Section 69 (2)
omit
persons referred to
substitute
people mentioned 
Explanatory note
This amendment updates language.
[3.453]	Section 69 (3) (b)
substitute
	(b)	after taking into account the views of the people consulted under subsection (2), consider the effect of registration on their interests.
Explanatory note
This amendment updates language.
[3.454]	Sections 69 (4) and 73 (1) (a) 
omit
interim register
substitute
interim heritage places register
Explanatory note
This amendment is consequential on the omission of the definition of interim register from section 66 by another amendment.
[3.455]	Section 73 (3) (b)
substitute
	(b)	taking into account the views of the people consulted under subsection (2), consider the effect of registration on their interests; and
Explanatory note
This amendment updates language.
[3.456]	Section 73 (4) 
omit
interim register
substitute
interim heritage places register
Explanatory note
This amendment is consequential on the omission of the definition of interim register from section 66 by another amendment.
[3.457]	Section 75 (c) and (d)
substitute
	(c)	a place is registered in an interim heritage places register under a direction under section 69 (1) (a) or 73 (1) (a) following a report or order mentioned in paragraph (a) or (b); or
	(d)	a place is registered in the heritage places register because of its registration in an interim heritage places register under a direction under section 69 (1) (a) or 73 (1) (a).
Explanatory note
This amendment is consequential on the omission of the definition of register from section 66 by another amendment.  This amendment also changes the reference to ‘a register’ to ‘the heritage places register’ for consistency with section 7 (3) (d).
[3.458]	Section 77 (3) (b) (i)
omit
a register
substitute
the heritage places register
Explanatory note
This amendment is consequential on the omission of the definition of register from section 66 by another amendment.  This amendment also changes the reference to ‘a register’ to ‘the heritage places register’ for consistency with section 7 (3) (d).
[3.459]	Section 81 (1)
substitute
	(1)	This section applies if the heritage council is preparing an interim heritage places register, or a revision of such a register, that relates to an Aboriginal place.
Explanatory note
This amendment is consequential on the omission of the definition of interim register from section 66 by another amendment.
[3.460]	Section 89
substitute
89	Searching heritage registers
	(1)	Anyone may, during office hours, inspect the heritage places register or interim heritage places register, other than any part that contains restricted information.
	(2)	On application, the heritage council must give the applicant a copy of, or of any part of, the heritage places register or interim heritage places register, other than a part that contains restricted information.
Note	A fee may be determined under s 287 (Determination of fees) for this subsection and subsection (3).
	(3)	On application to the heritage council in relation to a place mentioned in subsection (4), the heritage council must give the applicant a certificate stating—
	(a)	whether a declaration in relation to the place is in force under section 69 (1) (a) or 73 (1) (a); or
	(b)	whether the place has previously been so listed, or proposed to be so listed.
	(4)	Subsection (3) applies to a place that—
	(a)	is not listed in the heritage places register or an interim heritage places register; and
	(b)	is not, in an interim heritage places register, proposed to be listed in the corresponding heritage places register.
Explanatory note
This amendment is consequential on the omission by another amendment of section 89 (4). That subsection presently contains definitions of interim register and register.  The effect of the omission of the subsection is that the definition of interim heritage places register in section 52 and of heritage places register in the dictionary will apply to this section.  This amendment also updates language.
[3.461]	Division 3.7
substitute
Division 3.7	Australian Capital Territory Heritage Council 
90	Definitions for div 3.7
In this division:
chairperson means the chairperson of the heritage council appointed under section 99 (1).
deputy chairperson means the deputy chairperson of the heritage council appointed under section 99 (1).
expert member means a member appointed under section 96 (1).
heritage objects register—see the Heritage Objects Act 1991, section 4. 
member means a member of the heritage council.
permanent member means a member mentioned in section 92 (a), and includes a deputy of a permanent member appointed under section 95 (1).
secretary means the secretary to the heritage council appointed under section 99 (2).
91	Establishment of heritage council
The Australian Capital Territory Heritage Council is established.
92	Constitution
The heritage council consists of—
	(a)	the authority and the conservator as permanent members; and
	(b)	not more than 9 expert members.
93	Functions of heritage council
The heritage council has the following functions: 
	(a)	to advise the Minister about— 
	(i)	the criteria for this part and the Heritage Objects Act 1991 for deciding the heritage significance of places and objects; and
	(ii)	incentives for the conservation of the heritage significance of heritage places and heritage objects; and
	(iii)	the promotion of public awareness of heritage places and heritage objects; and 
	(iv)	other matters about heritage significance in the ACT; 
	(b)	at the request of a Territory authority, to advise the authority about the matters mentioned in paragraph (a) as they relate to the exercise of the authority’s functions under this Act or another Territory law; 
	(c)	to prepare an initial interim heritage places register and an initial interim heritage objects register and, subsequently, to prepare interim variations to the heritage places register and the heritage objects register; 
	(d)	any other function given to it under this Act or another Territory law. 
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
94	Ministerial directions
	(1)	The Minister may give the heritage council written directions— 
	(a)	about the policy and objectives it should pursue in the exercise of its functions; or 
	(b)	to review the heritage places register or the heritage objects register in consideration of any stated matters. 
	(2)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	A direction must be notified under the Legislation Act 2001 within 14 days after the day it is made.
95	Deputies of permanent members
	(1)	The Minister may appoint a person to be the deputy of a permanent member.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	If a permanent member is absent from a heritage council meeting, the member’s deputy may exercise the member’s functions.
96	Appointment of expert members 
	(1)	The Minister may appoint a person to be an expert member of the heritage council.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	In making appointments under subsection (1), the Minister must endeavour to ensure that the following disciplines and areas of expertise are represented among the people appointed:
	(a)	archaeology;
	(b)	Aboriginal tradition;
	(c)	local history;
	(d)	town planning;
	(e)	engineering;
	(f)	architectural history and conservation;
	(g)	landscape architecture;
	(h)	the natural environment and its conservation;
	(i)	archivism;
	(j)	librarianship;
	(k)	preservation of Australian material culture;
	(l)	knowledge of objects in an Australian context. 
97	Term of appointment of expert members
An expert member must not be appointed for a term longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
98	Conditions of appointment of expert members generally
An expert member holds office on the conditions decided by the Minister.
99	Chairperson, deputy chairperson and secretary
	(1)	The Minister must appoint members of the heritage council as the chairperson and the deputy chairperson of the heritage council. 
	(2)	The Minister must appoint a public servant as the secretary to the heritage council.
	(3)	However, a member must not be appointed as the secretary.
100	Leave of absence
The Minister may give a member leave of absence on conditions about remuneration and other matters decided by the Minister.
101	Disclosure of interests
	(1)	A member who has a direct or indirect financial interest in a matter being considered or about to be considered by the heritage council must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a heritage council meeting. 
	(2)	A disclosure must be recorded in the minutes of the meeting and, unless the Minister otherwise decides, the member must not— 
	(a)	be present during any deliberation of the heritage council about the matter; or 
	(b)	take part in any decision of the heritage council about the matter. 
102	Ending of appointments
	(1)	The Minister may end the appointment of a member for misbehaviour or physical or mental incapacity. 
	(2)	The Minister must end the appointment of a member if the member— 
	(a)	is absent from 3 consecutive meetings of the committee, except on leave granted under section 100 (Leave of absence); or 
	(b)	contravenes section 101 (Disclosure of interests) without reasonable excuse.
Note	A person’s appointment also ends if the person resigns (see Legislation Act 2001, s 210).
103	Calling meetings
	(1)	The chairperson, or if the chairperson cannot do so, the deputy chairperson—
	(a)	may at any time call a meeting of the heritage council; and
	(b)	must call a meeting of the heritage council if asked by the Minister.
	(2)	The person who calls a meeting of the heritage council must, at least 5 days before the day of the meeting, give the other members written notice of— 
	(a)	the date, time and place of the meeting; and 
	(b)	the matters to be considered at the meeting. 
104	Procedure at meetings
	(1)	The chairperson presides at all heritage council meetings at which the chairperson is present. 
	(2)	If the chairperson is absent, the deputy chairperson presides. 
	(3)	If both the chairperson and deputy chairperson are absent from a meeting, the member chosen by the member’s present presides. 
	(4)	The presiding member may give directions about the procedure to be followed in relation to the meeting. 
	(5)	Business may be carried out at a meeting only if a majority of members are present. 
	(6)	At a meeting each member has a vote on each question to be decided. 
	(7)	However, a permanent member must not vote on a question that relates to an interim heritage places register.
	(8)	A question is to be decided by a majority of the votes of the members present and voting, but, if the votes are equal the member presiding has a casting vote.
	(9)	The heritage council must keep minutes of its meetings.
105	Delegation to secretary
The heritage council may delegate the council’s functions under this Act to the secretary.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment brings the division into line with current drafting practice.  In particular, the following unnecessary provisions are omitted: 
·	section 94 (Powers) is unnecessary because the Legislation Act 2001, section 196 (1) provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function;
·	section 97 (3) (which is about the performance of functions during a vacancy) is unnecessary because the Legislation Act 2001, section 199 (4) provides that the functions of a body are not affected by a vacancy in its membership;
·	section 99 (2) (which is about the reappointment of members) is unnecessary because the Legislation Act 2001, section 208 (1) gives an appointer power to reappoint an eligible person; 
·	section 105 (Resignation) is unnecessary because the Legislation Act 2001, section 210 provides for the resignation of a person from a statutory appointment;
·	section 107 (Acting members) is unnecessary because the Legislation Act 2001, section 209 provides for acting appointments.
The delegation provision is updated as follows:
·	the words ‘by resolution’ have been omitted with the effect that the Legislation Act 2001, section 232 requires that a delegation must be made, or evidenced, in writing;
·	the limitation on the functions that may be delegated has been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
The term ‘ex officio’ member is replaced by ‘permanent member’.  The term ‘appointed member’ is replaced by ‘expert member’.
This amendment also adds standard notes about appointments, necessary and convenient powers, resignation and delegations. 
[3.462]	Section 132 (1)
omit
cause to be laid before
substitute
present to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.463]	Section 133 (1)
omit
shall cause that part to be excluded from the copy of the assessment laid before
substitute
must exclude that part from the copy of the assessment presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.464]	Section 141 (1)
substitute
	(1)	The relevant Minister must present a copy of the report of a panel’s findings and recommendations to the Legislative Assembly within 6  sitting days after the day the Minister receives the report.
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.465]	Section 142 (1)
omit
cause that part of the report to be excluded from the copy laid before
substitute
exclude that part from the copy of the report presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.466]	Section 142 (2)
omit
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.467]	Section 143
substitute
143	Definitions for sdiv 4.4.3
In this subdivision:
authorised person means—
	(a)	a panel member; or
	(b)	a person assisting a panel member in a way authorised in writing by the member.
occupier, of a place, includes—
	(a)	a person believed, on reasonable grounds, to be an occupier of the place; and
	(b)	a person apparently in charge of the place.
place includes premises, land, vehicle, aircraft or vessel.
Explanatory note
This amendment brings the heading into line with current drafting practice and recasts the form of the definition of occupier in section 143 (2) in accordance with current drafting practice. 
[3.468]	Section 146 (1) (c), new note
insert
Note 	For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
Explanatory note
This amendment adds notes about the relevant legislation for administering and taking oaths.
[3.469]	Section 148 (5)
omit everything before paragraph (a), substitute
	(5)	For section 132 (1), the relevant Minister must present a copy of an assessment under subsection (1), together with any notice, report, comment or information mentioned in section 132 (1) (b) or (c), to the Legislative Assembly within 6 sitting days after—
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.470]	Section 156 (b)
substitute
	(b)	disturb a panel member in the exercise of the member’s functions; or
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.471]	Section 157 (1)
omit
powers or the performance of his or her
Explanatory note
This amendment omits an unnecessary reference to powers.  A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dictionary, part 1, defintion of entity).  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.472]	Section 159, heading
substitute
159	Definitions for pt 5
Explanatory note
This amendment brings the heading into line with current drafting practice.
[3.473]	Section 159 (1)
omit
	(1)	In this part:
substitute
In this part:
Explanatory note
This amendment omits a subsection number no longer needed because the provisions of the other subsections of section 159 are remade by another amendment in standard definition form and inserted into existing subsection (1).
[3.474]	Section 159 (1), definition of lease
substitute
lease means a lease (other than a sublease)—
	(a)	granted under this Act; or
	(b)	that is taken under section 289 (Status of leases and licences) to have been granted under this Act; or
	(c)	granted or arising under the Unit Titles Act 2001.
Explanatory note
This amendment is consequential on the transfer by an earlier Act of the transitional provisions of the Land (Planning and Environment) (Consequential Provisions) Act 1991 to the Land (Planning and Environment) Act 1991, part 9.  Paragraph (b) of the definition has been recast consequential on the definition of repealed Act being omitted by another amendment.
[3.475]	Section 159 (1), new definitions of market value and provision
insert
market value, of a lease, means the amount that could be expected to be paid for the lease on the open market if it were sold by a willing but not anxious seller to a willing but not anxious buyer.
provision, of a lease, includes a provision incorporated in the lease by reference and any other provision to which the lease is subject.
Explanatory note
This amendment updates the form of the definitions that are presently in section 159 (2) and (4).  The subsections are omitted by another amendment.
[3.476]	Section 159 (1), definition of repealed Act
omit
Explanatory note
This amendment is consequential on the remaking of the definition of lease by another amendment.
[3.477]	Section 159 (2) and (4)
omit
Explanatory note
This amendment is consequential on another amendment that inserts the definitions of market value and provision into section 159.
[3.478]	Section 163 (9)
omit
Nothing in this section shall be taken to derogate from 
substitute
This section does not limit
Explanatory note
This amendment updates language.
[3.479]	Section 170 (5)
omit
monies
substitute
money
Explanatory note
This amendment updates language. 
[3.480]	Section 191, heading
substitute
191	Definitions for div 5.7
Explanatory note
This amendment corrects an error in the section heading.
[3.481]	Section 195 (4)
omit
lastmentioned in that schedule
substitute
appearing later in the schedule
Explanatory note
This amendment updates language.
[3.482]	Section 211
omit
may not be
substitute
must not be
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.483]	Section 215
substitute
215	Reduction of rent and relief from provisions of lease
	(1)	The Executive may approve—
	(a)	a reduction of the rent payable under a lease of Territory land, or of the amount payable, in relation to any occupation of Territory land; or
	(b)	the grant of relief, to a lessee or occupier of Territory land, from compliance, completely or partly, with any provision to which the person’s lease or occupation is subject.
	(2)	The reduction or grant of relief may be for any period (including a period before the commencement of this section or any other period before the approval).
	(3)	If the Executive gives an approval under subsection (1), the liability or obligation of the lessee or occupier under the lease, or in relation to the person’s occupation, is discharged for the period approved, to the extent of the reduction or grant of relief approved.
	(4)	An approval under subsection (1) may be made subject to conditions.
	(5)	If the Executive approves a grant of relief to a lessee or occupier under subsection (1), it must give to the lessee or occupier notice of the reduction of rent or other grant of relief approved.
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment brings the form and language of the section into line with current drafting practice.
[3.484]	Section 216A
substitute
216A	Notification of certain leases to Legislative Assembly
	(1)	This section applies if the Executive grants a lease under any of the following provisions:
	(a)	section 161 (1) (d) (which is about the direct grant to an applicant of a lease);
	(b)	section 163 (Leases to community organisations);
	(c)	section 164 (Special leases);
	(d)	section 209 (which is about the grant of leases over certain areas of public land or land designated to become public land).
	(2)	The Minister must present to the Legislative Assembly, within 5 sitting days after the end of the quarter in which the lease was granted, a statement that sets out for the lease—
	(a)	the name of the lessee; and
	(b)	a description of the land comprised in the lease that is in accordance with the Districts Act 1966, section 6; and
	(c)	the amount (if any) paid for the grant of the lease; and
	(d)	the provision of the Act under which the lease was granted.
	(3)	The validity of the lease is not affected by a failure to comply with subsection (2).
Explanatory note
This amendment brings the section into line with current drafting practice.  A definition of quarter is inserted into the Legislation Act 2001, dictionary, part 1 by another amendment.
[3.485]	Section 222, heading
substitute
222	Definitions for pt 6
Explanatory note
This amendment brings the heading into line with current drafting practice.
[3.486]	Section 222 (1)
omit
	(1)	In this part:
substitute
In this part:
Explanatory note
This amendment omits a subsection number no longer needed because the other provisions of section 222 are remade by another amendment in standard definition form and relocated to existing section 222 (1) and new section 223.
[3.487]	Section 222 (1), definitions of building work and consolidation
substitute
building work—see the Building Act 1972, section 5.
consolidation—see section 159.
Explanatory note
This amendment changes the definitions to signpost definitions in line with current drafting practice.
[3.488]	Section 222 (1), new definition of Executive
insert
Executive includes a Minister acting on behalf of the Executive.
Explanatory note
This amendment is consequential on the omission of section 222 (2) by another amendment.
[3.489]	Section 222 (1), definitions of lease, lessee and subdivision
substitute
lease—see section 159.
lessee—see section 159.
subdivision—see section 159.
Explanatory note
This amendment changes the definitions to signpost definitions in line with current drafting practice.
[3.490]	Section 222 (1), new definition of variation
insert
variation, of a lease—see section 223.
Explanatory note
This amendment is consequential on the omission of section 222 (3) by another amendment.
[3.491]	Section 222 (2) and (3)
omit
Explanatory note
This amendment is consequential on the relocation of the definitions by other amendments.
[3.492]	New section 223
insert
223	Meaning of variation for pt 6
	(1)	In this part, variation, of a lease, includes—
	(a)	the surrender of a lease and the granting of a new lease subject to different provisions to the same lessee over all or part of the land comprised in the surrendered lease; and
	(b)	a consolidation; and
	(c)	a subdivision.
	(2)	However, the variation of a lease does not include the surrender of a lease and the granting of a new lease to the same lessee over all or part of the land comprised in the surrendered lease if—
	(a)	the land is defined land within the meaning of section 31; or
	(b)	the new lease is granted under any of the following provisions:
	(i)	section 171 (Grant of further residential leases);
	(ii)	section 171A (Grant of further rural leases);
	(iii)	section 172 (Grant of further leases for purposes other than residential or rural).
Explanatory note
This amendment brings the form of the definition of variation in existing section 222 (3), which is omitted by another amendment, into line with current drafting practice.
[3.493]	Section 229A (7) (b)
omit
cause to be laid before
substitute
present to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.494]	Section 229A (10)
omit
Subsections (5) and (7) (a) do not derogate from 
substitute
Subsections (5) and (7) (a) do not limit
Explanatory note
This amendment updates language.
[3.495]	Section 231 (2)
substitute
	(2)	In subsection (1) (b):
Aboriginal place—see section 52.
relevant Aboriginal organisation—see section 52.
Explanatory note
This amendment updates the section references consequential on other amendments.
[3.496]	Section 249 (c)
substitute
	(c)	if application is made to the administrative appeals tribunal for a review of the decision to approve the application—on the day the tribunal decision affirming or varying the decision is given.
Explanatory note
This amendment brings section 249 (c) into line with the Administrative Appeals Tribunal Act 1989.  Section 49 of that Act provides for a decision of the tribunal to come into operation on the giving of the decision or a later day specified in the decision (see s 44 (9) and (10)).  Existing section 249 (c) is inconsistent with the AAT provisions (ie referring to the tribunal decision taking effect on the day the tribunal affirms or varies the decision under review).
[3.497]	Section 262
substitute
262	Definitions for div 6.4
In this division:
connected—a thing is connected with an offence if— 
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
	(a)	a person believed, on reasonable grounds, to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
Explanatory note
This amendment brings the form of the definitions into line with current drafting practice.
[3.498]	Sections 274A to 274F
substitute
274A	Commissioner for land and planning
	(1)	The Minister must appoint a person to be the Commissioner for Land and Planning.
Note 1	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	Appointments under subsection (1) require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
	(2)	The commissioner holds office on the conditions (if any) in relation to matters not provided for by this Act decided by the Minister.
	(3)	The Legislation Act 2001, division 19.3.3 (Appointments—Assembly consultation) applies to the appointment of a public servant as commissioner.
Note	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
	(4)	Subsection (3) has effect despite the Legislation Act 2001, section 227 (2) (a) (Application of div 19.3.3).
274B	Term of office
The commissioner must not be appointed for a term longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
274C	Leave of absence
The Minister may give leave of absence to the commissioner on conditions about remuneration or otherwise decided by the Minister.
Explanatory note
This amendment brings these provisions into line with current drafting practice.  In particular, the following unnecessary provisions are omitted: 
·	section 274C (Remuneration and allowances) is unnecessary because the Remuneration Tribunal Act 1995 applies to the commissioner;
·	section 274E (Acting appointments) is unnecessary because the Legislation Act 2001, section 209 provides for acting appointments;
·	section 274F (Resignation) is unnecessary because the Legislation Act 2001, section 210 provides for the resignation of a person from a statutory appointment.
This amendment also adds standard notes about appointments.
[3.499]	Section 274G (3) 
omit
shall cause a statement of the grounds of the suspension to be laid before the Legislative Assembly
substitute
must present to the Legislative Assembly a statement of the grounds of the suspension
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.500]	Section 274G (4) and (5)
omit
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.501]	Section 274G (8), new note
insert
Note	A person’s appointment also ends if the person resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment is consequential on the omission of section 274F (Resignation) by another amendment.
[3.502]	Section 274I
substitute
274I	Delegation
The commissioner may delegate the commissioner’s function under this Act to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows: 
·	the words ‘by signed instrument’ have been omitted with the effect that the Legislation Act 2001, section 232 requires that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the commission’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds a standard note about delegations. 
[3.503]	Section 274J
omit
power or authority conferred by
substitute
function under
Function is defined in the Legislation Act 2001, dictionary, part 1, to include power and is the drafting term now used.
[3.504]	Section 283
omit
power
substitute
function
Function is defined in the Legislation Act 2001, dictionary, part 1, to include power and is the drafting term now used.
[3.505]	Section 287A (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.506]	Section 289 (2)
substitute
	(2)	In this section:
repealed Act means any of the following Acts:
	(a)	the Leases Act 1918 No 2;
	(b)	the Leases (Special Purposes) Act 1925 No 11;
	(c)	the City Area Leases Act 1936 No 31.
Explanatory note
This amendment brings the form of the provision into line with current drafting practice.
[3.507]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	administrative appeals tribunal
·	amend
·	appoint
·	change
·	conservator of flora and fauna
·	contravene
·	document
·	exercise
·	function
·	month
·	national capital authority
·	penalty unit
·	the Territory.
Aboriginal object, for part 3 (Heritage)—see section 52.
Aboriginal place, for part 3 (Heritage)—see section 52.
Aboriginal tradition, for part 3 (Heritage)—see section 52.
application, for part 6 (Approvals and orders)—see section 222. 
approval, for part 6 (Approvals and orders)—see section 222. 
assessment means an assessment made under division 4.3 (Assessments).
authorised person, for subdivision 4.4.3 (Procedures and powers)—see section 143.
authority means the Australian Capital Territory Planning Authority established under section 33.
background papers, for part 2 (Planning)—see section 5. 
building, for part 6 (Approvals and orders)—see section 222. 
building and development provision, for part 5 (Land administration)—see section 159. 
building work, for part 6 (Approvals and orders)—see section 222. 
chairperson, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90. 
commissioner means the Commissioner for Land and Planning appointed under section 274A. 
compensation, for subdivision 3.5.4 (Compensation claims)—see section 74. 
Note	Sdiv 3.5.4 is about compensation claims in relation to Aboriginal heritage discoveries and places.
connected, with an offence, for division 6.4 (Enforcement)—see section 262. 
conservation, for part 3 (Heritage)—see section 52. 
conservator means the conservator of flora and fauna.
consolidation—
	(a)	for part 5 (Land administration)—see section 159; and
	(b)	for part 6 (Approvals and orders)—see section 222. 
consultation notice, for part 2 (Planning)—see section 19. 
controlled activity means—
	(a)	an activity of a kind mentioned in schedule 5; or
	(b)	an activity under another Act that is declared by that Act to be a controlled activity for schedule 5.
dealing	, for division 5.4 (Restrictions on rural leases)—see section 186B.
defined decision, for part 4 (Environmental assessments and inquiries)—see section 111. 
deputy chairperson, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90. 
development, in relation to land—
	(a)	for part 2 (Planning)—see section 5; and
	(b)	for part 6 (Approvals and orders)—see section 222.
discharge amount, for division 5.4 (Restrictions on rural leases)—see section 186B. 
draft plan variation, for part 2 (Planning)—see section 5.
earlier index number, for division 5.4 (Restrictions on rural leases)—see section 186B. 
environmental impact, for part 4 (Environmental assessments and inquiries)—see section 111. 
environmental impact statement, for part 4 (Environmental assessments and inquiries)—see section 111. 
environmental report, for part 2 (Planning)—see section 5.
Environment Minister means the Minister administering part 4 (Environmental assessments and inquiries).
Executive, for part 6 (Approvals and orders)—see section 222. 
expert member, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90.
formal error means—
	(a)	a clerical error; or
	(b)	an error arising from an accidental slip or omission; or
	(c)	a defect of form.
Gungahlin central area means the area referred to as the Gungahlin Town Centre and Central Area in the plan.
heritage council means the Australian Capital Territory Heritage Council established under section 91.
heritage object, for part 3 (Heritage)—see section 52.
heritage objects register, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90.
heritage place, for part 3 (Heritage)—see section 52. 
heritage places register means the register of heritage places incorporated in the plan.
heritage significance means archaeological, historic, aesthetic, architectural, scientific, natural or social significance, or other special significance in relation to the environment, for the present community, and for future generations.
holding period, for division 5.4 (Restrictions on rural leases)—see section 186B. 
index number, for division 5.4 (Restrictions on rural leases)—see section 186G. 
inquiry means an inquiry conducted under division 4.4 (Inquiries).
interim heritage places register—see section 52.
interim variation, in relation to the heritage places register, for part 3 (Heritage)—see section 52. 
land—
	(a)	for part 2 (Planning)—see section 5; and
	(b)	for part 4 (Environmental assessments and inquiries)—see section 111.
land management agreement means an agreement under section 186C.
Note	A reference to an instrument (including a land management agreement) includes a reference to the instrument as originally made and as amended (see Legislation Act 2001, s 102).
later index number, for division 5.4 (Restrictions on rural leases)—see section 186B. 
lease—
	(a)	for part 5 (Land administration)—see section 159; and
	(b)	for part 6 (Approvals and orders)—see section 222.
lessee—
	(a)	for part 5 (Land administration)—see section 159; and
	(b)	for part 6 (Approvals and orders)—see section 222. 
long lease, for division 5.4 (Restrictions on rural leases)—see section 186B. 
market value, for part 5 (Land administration)—see section 159. 
member, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90. 
national capital plan, for part 2 (Planning)—see section 5.
natural environment, for schedule 1 (Management objectives for public land)—see section 195 (6). 
newspaper means a newspaper published and circulating in the ACT.
nominal rent lease, for part 5 (Land administration)—see section 159. 
objection, for part 6 (Approvals and orders)—see section 222. 
occupier—
	(a)	for subdivision 4.4.3 (Procedures and powers)—see section 143; and
	(b)	for division 6.4 (Enforcement)—see section 262. 
offence, for division 6.4 (Enforcement)—see section 262.
order, for part 6 (Approvals and orders)—see section 222. 
panel, for part 4 (Environmental assessments and inquiries)—see section 111. 
permanent member, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90. 
pest animal means an animal in a class of animals declared to be pest animals under section 254 (1).
pest plant means a plant in a class of plants declared to be pest plants under section 254 (1).
place, for subdivision 4.4.3 (Procedures and powers)—see section 143. 
plan means the Territory plan.
Note	A reference to an instrument (including the plan) includes a reference to the instrument as originally made and as amended (see Legislation Act 2001, s 102).
plan of management, for division 5.7 (Public land)—see section 191. 
preliminary assessment, for part 4 (Environmental assessments and inquiries)—see section 111. 
prescribed period, for part 6 (Approvals and orders)—see section 222. 
proponent, for part 4 (Environmental assessments and inquiries)—see section 111.
provision, of a lease, for part 5 (Land administration)—see section 159. 
public car park, for part 5 (Land administration)—see section 159. 
public environment report, for part 4 (Environmental assessments and inquiries)—see section 111. 
public land means land identified by the plan as public land.
registered, for division 3.5 (Aboriginal heritage)—see section 66. 
registered lease, for part 5 (Land administration)—see section 159.
registered proprietor, for part 5 (Land administration)—see section 159. 
registration, for division 3.5 (Aboriginal heritage)—see section 66.
relevant Aboriginal organisation, for part 3 (Heritage)—see section 52. 
relevant authority, for part 6 (Approvals and orders)—see section 222. 
relevant Minister, for part 4 (Environmental assessments and inquiries)—see section 111. 
rental lease, for part 5 (Land administration)—see section 159.
residential lease, for part 5 (Land administration)—see section 159. 
restricted information, for part 3 (Heritage)—see section 52. 
rural lease, for part 5 (Land administration)—see section 159. 
secretary, for division 3.7 (Australian Capital Territory Heritage Council)—see section 90. 
short lease, for division 5.4 (Restrictions on rural leases)—see section 186B.
special Pialligo lease, for division 5.4 (Restrictions on rural leases)—see section 186B. 
structure, for part 6 (Approvals and orders)—see section 222.
subdivision—
	(a)	for part 5 (Land administration)—see section 159; and
	(b)	for part 6 (Approvals and orders)—see section 222. 
sublease, for part 5 (Land administration)—see section 159. 
sublessee, for part 5 (Land administration)—see section 159.
Territory authority means—
	(a)	a body (whether or not incorporated) established by the Executive; or
	(b)	the holder of a position established under an Act or by the Executive.
unregistered, for division 3.5 (Aboriginal heritage)—see section 66. 
variation, for part 3 (Heritage)—see section 52. 
variation, of a lease—
	(a)	for division 5.3 (Variation of leases)—see section 184; and
	(b)	for part 6 (Approvals and orders)—see section 223.
variation, of the plan, for part 2 (Planning)—see section 5.
variation, of a plan of management, for division 5.7 (Public land)—see section 191.
Explanatory note
This amendment adds a new dictionary in accordance with current drafting practice which includes changes consequential on the insertion or omission of definitions by other amendments.
[3.508]	Further amendments, new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
after
·	section 17 (3)
·	section 61 (1)
·	section 62 (6)
·	section 68 (1)
·	section 82 (3)
·	section 147 (2)
·	section 229 (3)
·	section 232 (1)
·	section 247 (3)
·	section 256 (3)
·	section 257 (1)
·	section 278 (1).
Explanatory note
This amendment adds standard notes about service of documents.
Part 3.39	Land (Planning and Environment) Regulations 1992
[3.509]	Regulation 6
substitute
6	Prescribed period—Act s 121 (1A)
		The prescribed period is 30 business days.
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 121 by Act 2000 No 37, section 7.
[3.510]	Regulation 14
substitute
14	Heavy vehicle parking (lease purposes)—Act, s 175 (3) (b)
	(1)	The parking of a heavy vehicle on residential land in accordance with the Road Transport (Safety and Traffic Management) Regulations 2000, division 3.1.3 is a prescribed activity.
	(2)	In this regulation:
heavy vehicle—see the Road Transport (Safety and Traffic Management) Regulations 2000, dictionary.
Explanatory note
This amendment recasts the regulation in accordance with current drafting practice by including specific references to the Road Transport (Safety and Traffic Management) Regulations 2000.
[3.511]	Regulation 15, heading
substitute
15	Definitions for div 3.2
Explanatory note
This amendment brings the heading into line with current drafting practice.
[3.512]	Regulation 15 (1)
omit
	(1)	In this division:
substitute
In this division:
Explanatory note
This amendment is consequential on the omission of subregulation (2) by another amendment.
[3.513]	Regulation 15 (1), new definition of lease
insert
lease, over the largest parcel of land—see regulation 15A.
Explanatory note
This amendment is consequential on the insertion of new regulation 15A by another amendment.
[3.514]	Regulation 15 (2)
substitute
15A	Meaning of lease over the largest parcel of land
	(1)	This regulation applies if—
	(a)	a number of leases are surrendered in the course of a subdivision or consolidation; and
	(b)	the parcels of land over which the leases were granted are not of equal area; and
	(c)	there are 2 or more parcels of land of equal area that are larger than all the other parcels.
	(2)	In this division:
lease, over the largest parcel of land, means any of the leases over the equally large parcels mentioned in subregulation (1) (c).
Explanatory note
This amendment brings the form of the provisions into line with current drafting practice.
[3.515]	Regulation 16 (1)
omit
entirely remit the
substitute
remit in full
Explanatory note
This amendment updates language.
[3.516]	Regulation 17 (1)
omit
whole of the
substitute
in full
Explanatory note
This amendment updates language.
[3.517]	Regulation 17 (2)
substitute
	(2)	If a change of use charge eligible for a remission under subregulation (1) is also subject to an increase under regulation 22 (Concessional lease increase—Act, s 184C (2)) or regulation 24 (Enlarged area of land increase—Act, s 184C (2)), the remission is to be offset by that increase.
Explanatory note
This amendment makes minor changes to provision references consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80 and the omission of regulation 23 by another amendment.
[3.518]	Regulation 19 (2)
omit
s 184C (3)
substitute
s 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.519]	Regulation 21 (1)
substitute
	(1)	The Minister may give written policy directions for determining the remission of change of use charges under the Act, section 184C (1), for the variation of leases in circumstances prescribed by regulation 20.
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.  It also removes references to stated leases.  These references are no longer necessary because of the Legislation Act 2001, section 48.  Under that section, the power to make a statutory instrument (eg Ministerial direction under regulation 21 (1)), includes, among other things, the power to make different provision with respect to different matters or different classes of matters.
[3.520]	Regulation 22, heading and subregulation (1)
substitute
22	Concessional lease increase—Act, s 184C (2)
	(1)	The Minister must increase the change of use charge for the variation of a concessional lease by an amount equal to 25% of the added value in relation to the variation.
Explanatory note
This amendment updates provision references consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.521]	Regulation 23, heading and subregulation (1)
substitute
23	Recently commenced lease increase—Act, s 184C (2)
	(1)	The Minister must increase the change of use charge for the variation of a recently commenced lease by an amount equal to 25% of the added value in relation to the variation.
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.522]	Regulation 23 (4)
omit
s 184C (3)
substitute
s 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.523]	Regulation 24, heading
substitute
24	Enlarged area of land increase—Act, s 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.524]	Regulation 24 (2)
omit
section 184C (3)
substitute
section 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.525]	Regulation 24 (3)
substitute
	(3)	This regulation does not apply in relation to the variation of a lease if any of the following regulations apply in relation to the variation:
	(a)	regulation 22 (Concessional lease increase—Act, s 184C (2));
	(b)	regulation 25 (Service station lease increase—Act, s 184C (2)).
Explanatory note
This amendment updates a provision references consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80 and the omission of regulation 23 by another amendment.
[3.526]	Regulation 25, heading
substitute
25	Service station lease increase—Act, s 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.527]	Regulation 25 (2)
omit
section 184C (3)
substitute
section 184C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.528]	Regulation 27, heading
substitute
27	Definitions for div 3.3
Explanatory note
This amendment brings the heading into line with current drafting practice.
[3.529]	Regulation 27 (1)
omit
	(1)	In this division:
substitute
In this division:
Explanatory note
This amendment is consequential on the omission of subregulation (2) by another amendment.
[3.530]	Regulation 27 (1), new definition of lease
insert
lease, over the largest parcel of land—see regulation 27A.
Explanatory note
This amendment is consequential on the insertion of new regulation 27A by another amendment.
[3.531]	Regulation 27 (2)
substitute
27A	Meaning of lease over the largest parcel of land
	(1)	This regulation applies if—
	(a)	a number of leases are surrendered in the course of a subdivision or consolidation; and
	(b)	the parcels of land over which the leases were granted are not of equal area; and
	(c)	there are 2 or more parcels of land of equal area that are larger than all the other parcels.
	(2)	In this division:
lease, over the largest parcel of land, means any of the leases over the equally large parcels mentioned in subregulation (1) (c).
Explanatory note
This amendment brings the form of the provision into line with current drafting practice.
[3.532]	Regulation 28 (1)
omit
whole of the
substitute
in full
Explanatory note
This amendment updates language.
[3.533]	Regulation 28 (2) and (3)
omit
s 187C (3)
substitute
s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.534]	Regulation 32 (1)
substitute
	(1)	The Minister may give written policy directions for determining the remission of change of use charges under the Act, section 187C (1), for consolidations or subdivisions of leases in circumstances prescribed by regulation 31.
Explanatory note
This amendment updates provision references consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.  It also removes references to stated consolidation or subdivisions of leases.  These references are no longer necessary because the Legislation Act 2001, section 48.  Under that section, the power to make a statutory instrument (eg Ministerial direction under regulation 32 (1)), includes, among other things, the power to make different provision with respect to different matters or different classes of matters.
[3.535]	Regulation 33, heading
substitute
33	Concessional lease increase—Act, s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.536]	Regulation 33 (2)
omit
section 187C (3)
substitute
section 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.537]	Regulation 33 (6) and (7)
omit
s 187C (3)
substitute
s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.538]	Regulation 34, heading
substitute
34	Recently commenced lease increase—Act, s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.539]	Regulation 34 (2)
omit
section 187C (3)
substitute
section 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.540]	Regulation 34 (4) and (5)
omit
s 187C (3)
substitute
s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.541]	Regulation 35, heading
substitute
35	Consolidation involving service station lease increase—Act, s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.542]	Regulation 35 (2)
omit
section 187C (3)
substitute
section 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.543]	Regulation 36, heading
substitute
36	Subdivision involving service station lease increase—Act, s 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.544]	Regulation 36 (2)
omit
section 187C (3)
substitute
section 187C (2)
Explanatory note
This amendment updates a reference consequential on the amendment of the Land (Planning and Environment) Act 1991, section 184C by Act 2001 No 80.
[3.545]	Regulation 37 (4)
omit 
laid before
substitute
presented to
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.546]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	business day
·	Territory land.
Explanatory note
This amendment adds standard dictionary notes.
[3.547]	Dictionary, new definitions
insert
added value—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
change of use charge—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
consolidated lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
Explanatory note
This amendment adds signpost definitions in accordance with current drafting practice.
[3.548]	Dictionary, definitions of consolidation and development
substitute
consolidation—see the Act, section 159.
development—see the Act, section 222.
Explanatory note
This amendment is consequential on the amendment of the Land (Planning and Environment) Act 1991 by other amendments.  
[3.549]	Dictionary, new definitions
insert
further lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
lease, over the largest parcel of land—
	(a)	for division 3.2 (Variation of leases)—see regulation 15A; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27A.
Explanatory note
This amendment adds signpost definitions in accordance with current drafting practice.
[3.550]	Dictionary, definition of market value
substitute
market value—see the Act, section 159.
Explanatory note
The existing definition is the same as the definition of market value inserted in section 159 by another amendment.  This amendment changes the existing definition to a signpost definition in accordance with current drafting practice.
[3.551]	Dictionary, new definition
insert
regranted lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice.
[3.552]	Dictionary, definition of relevant authority
omit
section 222 (1)
substitute
section 222
Explanatory note
This amendment is consequential on the amendment of the Land (Planning and Environment) Act 1991 by other amendments.
[3.553]	Dictionary, new definition
insert
subdivided lease—
	(a)	for division 3.2 (Variation of leases)—see regulation 15; and
	(b)	for division 3.3 (Consolidation and subdivision)—see regulation 27.
Explanatory note
This amendment adds a signpost definition in accordance with current drafting practice.
[3.554]	Dictionary, definitions of subdivision and variation
substitute
subdivision—see the Act, section 159.
variation—see the Act, section 222.
Explanatory note
This amendment is consequential on the amendment of the Land (Planning and Environment) Act 1991 by other amendments.
Part 3.40	Leases (Commercial and Retail) Act 2001
[3.555]	Sections 25, 28 (1) and 30 (2), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents. 
[3.556]	Section 31
substitute
31	Form of disclosure statements
A disclosure statement must—
	(a)	if the lessor’s accounting period is not a financial year—state the accounting period; and
	(b)	contain a written estimate of the outgoings the tenant is required to contribute to under the lease that itemises the outgoings for the first accounting period of the lessor under the lease.
Note	If a form is approved under section 157A (Approved forms) for a disclosure statement, the form must be used.
Explanatory note
This amendment omits subsection (1) which requires a disclosure statement to be in the approved form and adds a standard note about approved forms.  Subsection (1) is no longer necessary because current drafting practice is to have a single approved forms provision (which is inserted by another amendment) that deals with approved forms for the Act. 
[3.557]	Section 49 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents. 
[3.558]	Section 52 (3) (a)
substitute
	(a)	the lessor—
	(i)	proposes to renew the lease and makes an offer to renew the lease in response to a request under section 107 (Lessor’s intentions about renewal); or
	(ii)	gives the tenant preference under section 108 (Rules of conduct at end of lease term for shopping centre leases) by making an offer to the tenant to renew the lease; or
	(iii)	otherwise makes a renewal offer to the tenant before the end of 12 months after the end of the existing lease; and
Explanatory note
This amendment changes the form of the paragraph in accordance with current drafting practice to improve its readability.
[3.559]	Sections 52 (4) and 57 (3), new notes
insert
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment adds standard notes about appointments.
[3.560]	Section 67 (3)
substitute
	(3)	In subsection (2) (b):
amount spent—if a lessor is using an accrual method of accounting, the amount spent by a lessor during a period includes a debt accrued by the lessor during the period.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.561]	Section 88, new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.562]	Section 116 (1)
omit
in writing
Explanatory note
This amendment omits unnecessary words.
[3.563]	Sections 116 (1) and 122 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.564]	Section 124 (1), note
omit
Explanatory note
This amendment omits an unnecessary note about service of documents.
[3.565]	Section 125 (1) (a) and (b)
substitute
	(a)	the day the lease is or was terminated; and
	(b)	that, if the tenant has not already vacated the premises, the tenant must vacate the premises on or before that day; and
	(c)	that, if the tenant has not already vacated the premises and does not vacate the premises on or before that day, either—
	(i)	the lessor may apply to the Magistrates Court for the issue of a warrant for the eviction of the tenant; or
	(ii)	the order will have effect as if it were a warrant for eviction.
Explanatory note
This amendment changes the form of the subsection in accordance with current drafting practice to improve its readability.
[3.566]	New section 157A
insert
157A	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act 2001, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment adds the standard approved forms provision.
[3.567]	Division 16.1, heading
omit
(commencement: the commencement of section 2 of this Act or 1 July 2002, whichever is later)
Explanatory note
This amendment omits a heading that will become redundant on the automatic expiry of amending and repealing provisions.
[3.568]	Section 159, heading
substitute
159	Definitions for pt 16
(commencement: the commencement of section 2 of this Act or 1 July 2002, whichever is later)
Explanatory note
This amendment changes the section heading consequentially on the omission of the heading to division 16.1.
[3.569]	Section 171
substitute
171	Expiry of pt 16
This part expires on 30 June 2004.
(commencement: the commencement of section 2 of this Act or 1 July 2002, whichever is later)
Explanatory note
This amendment changes the section consequentially on the omission of the heading to division 16.1 and states the actual date the part will expire.
[3.570]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	exercise
·	function.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.41	Legislative Assembly (Broadcasting) Act 2001
[3.571]	Section 10 (2), new note
insert
Note	For other provision about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.572]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	function
·	Legislative Assembly
·	person
·	Speaker.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.42	Legislative Assembly Precincts Act 2001
[3.573]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary inserted by another amendment.
[3.574]	Section 3, remainder
substitute
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Explanatory note
This amendment adds a standard dictionary provision.
[3.575]	New dictionary
insert
Dictionary
(see s 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	Executive
·	Legislative Assembly
·	Speaker.
Explanatory note
This amendment adds a dictionary consequent on the omission of the definition section (section 3) by another amendment.
Part 3.43	Legislation (Consequential Amendments) Act 2001
[3.576]	Schedule 1, amendments 1.1026 and 1.1027
substitute
[1.1026]	Section 49 (1), new note
insert
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
[1.1027]	Section 49 (2) (a)
omit
, whether under this Act or the regulations,
(commencement: 12 September 2001)
Explanatory note
This amendment corrects a minor error in the reference to the provisions to be amended.
[3.577]	Schedule 1, amendment 1.3496
omit
Explanatory note
This amendment omits an uncommenced amendment of the Public Sector Management Act 1994.  The amendment is redundant because it was made in anticipation of an amendment of that Act that was not made.
[3.578]	Schedule 1, part 403
omit
Explanatory note
This amendment omits amendments of the University of Canberra Regulations which are no longer in force in the ACT.
Part 3.44	Liquor Act 1975
[3.579]	Section 151, definition of driver licence
substitute
driver licence means an Australian driver licence or a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country.
Explanatory note
This amendment simplifies the definition to take account of the definition of Australian driver licence in the Legislation Act 2001, dictionary, part 1.
[3.580]	Section 170 (5)
substitute
Note	For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.
	(5)	The fees and expenses are payable—
	(a)	if the person attended the hearing, whether on summons or not, at the request of someone who is not a member of the board—by the person who made the request; or
	(b)	in any other case—by the Territory.
Explanatory note
This amendment adds a note at the end of subsection (4) showing where the Supreme Court scale about fees and travelling expenses may be found.   It also revises subsection (5) in accordance with current drafting practice. 
Part 3.45	Low-alcohol Liquor Subsidies Act 2000
[3.581]	Section 27
substitute
27	Subsidy offences etc—interpretation
In this part:
connected—a thing is connected with a subsidy offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, or is intended to be used, for the commission of the offence.
occupier, of premises a subsidy officer enters under this part, includes a person the officer has reasonable grounds for believing to be an occupier of the premises.
subsidy offence includes a subsidy offence that there are reasonable grounds for believing has been, is being, or will be committed.
Explanatory note
This amendment remakes the form of the definitions in accordance with current drafting practice.
[3.582]	Section 41 (2)
omit
the firstmentioned requirement
substitute
the requirement mentioned in paragraph (a)
Explanatory note
This amendment updates language.
[3.583]	Section 43 (5)
omit
Explanatory note
This amendment omits a reference definition of keep that is remade by another amendment in accordance with current drafting practice.
[3.584]	Section 43 (6)
insert
keep, in relation to a subsidy record, includes make a subsidy record.
Explanatory note
This amendment remakes the form of the definition in accordance with current drafting practice.  The definition does not include the reference in existing section 43 (5) to the keeping of records that do not correctly record or explain matters because these are elements of the relevant offences.
[3.585]	Section 43 (6)
renumber as section 43 (5)
Explanatory note
This amendment is consequential on the omission of section 43 (5) by another amendment.
[3.586]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	administrative appeals tribunal
·	commissioner for revenue
·	contravene
·	corporation
·	fail.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.46	Magistrates Court Act 1930
[3.587]	Section 117, definition of authorised person
substitute
authorised person, for part 8 (Infringement notices for certain offences)—see section 134A (3).
Explanatory note
This amendment is consequential on the insertion by another amendment of new section 134A.
[3.588]	New section 134A
before section 135, insert
134A	Authorised people for infringement notice offences
	(1)	The administering authority for an infringement notice offence may appoint a person to be an authorised person to serve infringement notices or reminder notices.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	The regulations may prescribe a person to be an authorised person for the service of infringement notices or reminder notices.
	(3)	In this part:
authorised person means—
	(a)	for an infringement notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under this section by the administering authority to serve an infringement notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve an infringement notice for the offence; or
	(b)	for a reminder notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under this section by the administering authority to serve a reminder notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve a reminder notice for the offence.
Explanatory note
New section 134A provides a specific power for an administering authority to appoint (rather then merely authorise) authorised persons and is consistent with the Road Transport (General) Act 1999, new section 53A that is inserted by another amendment.  Standard appointments notes are also inserted.
[3.589]	Section 135
substitute
135	Delegation of administering authority’s functions
	(1)	The administering authority for an infringement notice offence may delegate the administering authority’s functions under this part to an authorised person or a person prescribed under the regulations.
	(2)	A person prescribed under the regulations for subsection (1) may delegate the functions delegated to the person under that subsection to anyone else.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provisions as follows:
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the administering authority’s or delegated person’s functions) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds standard notes about delegations. 
Part 3.47	Major Events Security Act 2000
[3.590]	Section 4 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  Section 4 (5) requires a declaration to be in writing.
[3.591]	Section 14, heading
substitute
14	Unauthorised entry to event venue
Explanatory note
This amendment confirms a minor correction to the heading made under the Legislation (Republication) Act 1996. 
[3.592]	Section 16 (d)
substitute
	(d)	disrupt, interfere with, delay or obstruct the conduct of a major event, or an activity associated with the event, by throwing anything; or
Explanatory note
This amendment confirms a minor correction to the paragraph made under the Legislation (Republication) Act 1996. 
[3.593]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	exercise 
·	function
·	police officer.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.48	Mediation Act 1997
[3.594]	Section 1
substitute
1	Name of Act
This Act is the Mediation Act 1997.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.595]	Section 3
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.  The definitions are inserted into a new dictionary which is inserted by another amendment.
[3.596]	Section 5 (3), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about giving notice.
[3.597]	Section 7 (2)
omit
a mediator
substitute
the mediator
Explanatory note
This amendment clarifies the relationship between section 7 (1) and (2).
[3.598]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	contravene
·	document
·	person.
approved agency means an entity that is declared under section 4 (2) to be an approved agency.
Note	An entity includes an individual, see Legislation Act 2001, dict, pt 1, def of entity.
mediation session means a meeting between people in dispute and a registered mediator for the purpose of resolving the dispute by mediation, and includes anything done for the purpose of—
	(a)	arranging the meeting (whether or not successfully); or
	(b)	following up anything raised in the meeting.
party, to a mediation session, does not include the registered mediator for the session. 
registered mediator means a person who is registered under section 5 as a mediator (Registration of mediators).
Explanatory note
This amendment adds a dictionary consequent on the omission of the definition section (section 3) by another amendment.  The definitions have been updated in accordance with current drafting practice.
Part 3.49	Mental Health (Treatment and Care) Act 1994
[3.599]	Section 121 (3) (c)
substitute
	(c)	has a financial interest in a private hospital.
Explanatory note
This amendment omits a reference to the Public Health (Private Hospitals) Regulations which were repealed by the Public Health Regulations 2000 SL No 1.
Part 3.50	National Environment Protection Council Act 1994
[3.600]	New section 13 (4)
insert
	(4)	An instrument under section 13 (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment makes national environmental protection measures made by the council notifiable instruments in accordance with current drafting practice. 
Part 3.51	Plumbers, Drainers and Gasfitters Board Act 1982
[3.601]	Section 42
substitute
42	Witness fees and travelling expenses
	(1)	This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).
	(2)	The witness is entitled to receive the fees and travelling expenses that the chairperson directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.
Note	For the Supreme Court scale, see Supreme Court Rules, sch 4, pt 4.8.
	(3)	The fees and expenses are payable by—
	(a)	if the witness attended at the request of the board—the Territory; or
	(b)	in any other case—the person who requested the attendance of the witness.
	(4)	However, if the board believes that it was reasonable for a person (other than the board) to request a person to appear before the board, the board may order that some or all of the fees and expenses be paid by the Territory.
Explanatory note
This amendment does not make a substantive change in the entitlements of a witness.  The existing section adopts the scale in the Public Works Committee Regulations 1969 (Cwlth), schedule 2 which applies the High Court scale.  The Supreme Court Rules (see schedule 4, part 4.8) is, in substance, the same as the High Court scale.  The linking of the entitlements to the Supreme Court reflects the Territory’s self-governing status.
Part 3.52	Pounds Act 1928
[3.602]	Section 5, definition of occupier of land
substitute
occupier, of land, includes a person with an interest in the land or a person acting on behalf of a person with an interest in the land.
Explanatory note
This amendment revises the definition to omit redundant concepts and bring it into line with current drafting practice.
Part 3.53	Prisoners’ Interstate Leave Act 1997
[3.603]	Section 1
substitute
1	Name of Act
This Act is the Prisoners Interstate Leave Act 1997.
Explanatory note
This amendment brings the name of the Act into line with current drafting practice by omitting the apostrophe.
[3.604]	Section 3
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘custodial officer—see the Remand Centres Act 1976, section 3.’ means that the expression ‘custodial officer’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, 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 Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
3	Functions of administration under corresponding laws
If a corresponding law gives a function to the person responsible for the conduct of prisons in the ACT, the function may be exercised by the administrator.
Explanatory note
This amendment adds a standard dictionary provision consequential on the insertion of a new dictionary by another amendment.  The definitions in section 3 (1) are inserted into the new dictionary.  The substance of section 3 (2) is remade as new section 3.  This amendment also adds a standard provision about the legal status of notes.
[3.605]	Section 5
omit
Explanatory note
This amendment is consequential on the inclusion of the definitions in a new dictionary which is inserted by another amendment.  A provision reproducing section 5 (2), which provides that a reference to a condition or restriction on a permit which has been varied means the condition or restriction as varied, is unnecessary because of section 10 (Variation of permits).
[3.606]	Section 6 (1)
omit
, being a purpose of a kind set out in subsection (2)
Explanatory note
This amendment is consequential on the insertion of a new section 6 (1A) by another amendment.
[3.607]	New section 6 (1A)
insert
	(1A)	However, the administrator must give a permit only for a purpose mentioned in subsection (2).
Explanatory note
This amendment relocates a qualification in existing section 6 (1) in accordance with current drafting practice.
[3.608]	Section 6
renumber subsections when Act next republished under Legislation Act 2001
Explanatory note
This amendment provides for the renumbering of subsections.
[3.609]	Section 7 (1)
omit 
deems
substitute
considers
Explanatory note
This amendment updates language.
[3.610]	Section 9 (4)
omit
Explanatory note
This amendment omits an unnecessary definition of chief police officer.  The term is defined in the Legislation Act 2001, dictionary, part 1.
[3.611]	Section 13 (5)
substitute
	(5)	In subsection (3):
frisk search—see the Crimes Act 1900, section 185.
ordinary search—see the Crimes Act 1900, section 185.
seizable item—see the Crimes Act 1900, section 185.
Explanatory note
This amendment substitutes signpost definitions to bring the form of the definitions into line with current drafting practice.
[3.612]	Section 14
omit
Explanatory note
This amendment is consequential on the inclusion of the definitions in the new dictionary.
[3.613]	Section 16 (3)
omit
shall cause the prisoner to be brought
substitute
must bring the prisoner
Explanatory note
This amendment updates language.
[3.614]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	chief police officer
·	custodial escort
·	police officer
·	remand centre
·	remand centre administrator
·	the Territory.
administrator means the remand centre administrator.
assigned escort, in relation to a permit or a prisoner who is absent from a remand centre under a permit, means the escort assigned to exercise functions in relation to the permit under section 9 (1).
corresponding law means a law of a participating jurisdiction that corresponds to this Act.
custodial officer—see the Remand Centres Act 1976, section 3.
escort means a custodial escort.
interstate permit means a permit, issued under a corresponding law, permitting a prisoner to travel in or through the ACT, and includes any condition or restriction to which the permit is subject.
participating jurisdiction means a State or another Territory in which there is in force a corresponding law.
permit means a permission under section 6.
prisoner means—
	(a)	for part 3 (Leave of absence for prisoners)—a person detained in a remand centre; and
	(b)	for part 4 (Interstate prisoners on leave of absence in the Territory)—a person in custody under the law of a participating jurisdiction.
Explanatory note
This amendment adds a new dictionary and brings the definitions in sections 3 (1), 5 (1) and 14 into line with current drafting practice.  A definition of remand centre is unnecessary because the term is to be defined in the Legislation Act 2001, dictionary, part 1 (see schedule 1).  A provision reproducing section 5 (2), which provides that a reference to a condition or restriction on a permit which has been varied means the condition or restriction as varied, is unnecessary because of section 10 (Variation of permits).
Part 3.54	Prostitution Act 1992

[3.615]	Section 1
substitute
1	Name of Act
This Act is the Prostitution Act 1992.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1) (Interpretation for Act).’ means that the expression ‘drug of dependence’ is defined in that subsection and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice, adds a standard dictionary provision consequent on the insertion of a new dictionary by another amendment and adds a standard provision about the legal status of notes.
[3.616]	Section 3 (1), definitions of child, drug of dependence and public place
omit
Explanatory note
Child is defined in the Legislation Act 2001, dictionary, part 1 and updated definitions of drug of dependence and public place are inserted into a new dictionary which is inserted by another amendment
[3.617]	Section 3 (1), remaining definitions 
relocate to dictionary
Explanatory note
This amendment relocates all the remaining definitions to the new dictionary which is inserted by another amendment.
[3.618]	Section 3, remainder
omit
Explanatory note
The definition of employing in existing section 3 (2) is inserted into the new dictionary which is inserted by another amendment.
[3.619]	Section 5
substitute
5	Registrar of Brothels and Escort Agencies
The chief executive must appoint a public servant as the Registrar of Brothels and Escort Agencies.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment brings the section into line with current drafting practice.  In particular, it removes the requirement that the chief executive must create and maintain an office of registrar in the public service.  The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.  This amendment also adds a standard note about appointments. 
[3.620]	Section 6 (3)
omit
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.621]	Section 17 (3)
omit
designated medical practitioner 
substitute
doctor nominated in writing by the chief health officer for this section
Explanatory note
This amendment brings the section into line with current drafting practice.  The Legislation Act 2001, dictionary, part 1, defines doctor and chief health officer.
[3.622]	Section 17 (4)
omit
Explanatory note
This amendment is consequential on the amendment of section 17 (3) by another amendment.
[3.623]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief health officer
·	child
·	doctor
·	exercise 
·	function
·	police officer.
drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1).
employing a prostitute includes entering into a contract for services with a prostitute for the provision of commercial sexual services.
public place means any street, road, public park, reserve, or any building, premises or other place that the public are entitled to use or that is open to, or used by, the public (whether on payment or otherwise).
Explanatory note
This amendment adds a new dictionary.  The definition of drug of dependence has been updated to bring it into line with the definition of this term in the Drugs of Dependence Act 1989.  Existing section 3 (2) is recast as the definition of employing in line with current drafting practice.  The definition of public place is revised by omitting the reference to the repealed Public Parks Act 1928 (see Statute Law Amendment Act 2001 No 11, schedule 4, part 4.2).
Part 3.55	Protection Orders Act 2001
[3.624]	Section 16 (1), note
substitute
Note 1	For service of the application, see s (4) and pt 11 (Service). 
Note 2	If a form is approved under s 96 (Approved forms) for a return date notice, the form must be used.
Explanatory note
This amendment adds a note about service.
[3.625]	Section 33 (2)
substitute
	(2)	Service under subsection (1) (a) must be personal service unless the Magistrates Court makes an order under section 98 (If service impracticable or impossible).
Note	For how the order may be served on a person mentioned in s (1) (b), see pt 11 (Service). 
Explanatory note
This amendment brings the subsection into line with section 16 (4) by adding a reference to section 98 and a note about service of an order.
[3.626]	Section 56, heading
substitute
56	Service of application for interim order unnecessary
Explanatory note
This amendment revises the heading to explain more accurately the section’s contents.
[3.627]	Section 74
substitute
74	Service of emergency orders
	(1)	A copy of an emergency order must be served on the respondent by a police officer.
	(2)	Service under subsection (1) must be personal service unless the Magistrates Court makes an order under section 98 (If service impracticable or impossible).
Explanatory note
This amendment removes any doubt that service under the section must be personal service.
[3.628]	Section 80, new note
insert
Note 	For service of the notice, see pt 11 (Service). 
Explanatory note
This amendment adds a note about service.
[3.629]	Section 96 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.630]	New section 97 (3)
insert
	(3)	The Legislation Act 2001, part 19.5 (Service of documents) does not apply to the service of a document that is required to be served under this Act.
Explanatory note
This amendment makes it clear that the methods of service set out in the Legislation Act 2001, part 19.5 are not additional to the methods set out in section 97.
[3.631]	Section 101 (2) (c)
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.632]	Section 108
omit
For this Act:
substitute
In this part:
Explanatory note
This amendment limits the operation of the definitions in section 108 to part 14.
[3.633]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	document
·	exercise
·	Magistrates Court
·	police officer
·	Supreme Court.
Explanatory note
This amendment adds standard dictionary notes.
[3.634]	Further amendments, mentions of may not be
omit
may
substitute
must
in
·	section 35 (3)
·	section 58 (3)
·	section 59 (1) (c)
·	section 59 (3)
·	section 60, note 1
·	section 68 (2).
Explanatory note
This amendment makes it clear that, in each of the provisions, the relevant requirement is mandatory.
Part 3.56	Public Health Regulations 2000
[3.635]	Dictionary, definition of proprietor
omit
Explanatory note
This amendment is consequential on the repeal of the Public Health (Private Hospitals) Regulations by the Public Health Regulations 2000 SL No 1.
Part 3.57	Public Place Names Regulations 2001
[3.636]	Regulation 3, heading
substitute
2	Prescribed entity—Act, s 4
Explanatory note
This amendment renumbers the regulation and brings the regulation heading into line with current drafting practice.
Part 3.58	Race and Sports Bookmaking Act 2001
[3.637]	Sections 7 (2) and 58 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard service note.
[3.638]	Section 97 (1), note
substitute
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
Explanatory note
This amendment updates the note.
[3.639]	Section 98 (3)
omit
may prescribe
substitute
may also prescribe
Explanatory note
This amendment brings this provision into line with current drafting practice.
[3.640]	Section 101 (2)
substitute
	(2)	This section expires on 7 September 2002.
Explanatory note
This amendment brings this provision into line with current drafting practice by including the actual date of expiry of the section.
[3.641]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	corporation
·	fail
·	found guilty
·	individual.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.59	Rehabilitation of Offenders (Interim) Act 2001
[3.642]	Section 6 (2)
omit
may not be
substitute
must not be
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.643]	Section 7 (5)
substitute
	(5)	This section comes into operation on 24 September 2003.
Explanatory note
This amendment brings the subsection into line with current drafting practice by including the actual commencement date.
[3.644]	Sections 9 (2) and 10 (1)
omit
may not be
substitute
must not be
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.645]	Section 10 (5)
substitute
	(5)	Subsection (4) and this subsection expire on 27 March 2006. 
Explanatory note
This amendment brings the subsection into line with current drafting practice by including the actual expiry date.
[3.646]	Section 19, note
substitute
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Explanatory note
This amendment updates a standard note.
[3.647]	Section 50 (2) (b)
omit
may not be
substitute
must not be
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.648]	Section 66, new note
insert
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Explanatory note
This amendment adds a standard note about the exercise of necessary and convenient powers in relation to functions.
[3.649]	Section 68 (1), notes
substitute
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
Explanatory note
This amendment brings the appointments notes into line with current drafting practice.
[3.650]	Section 69 
substitute
69	Term of appointment of members 
	(1)	A member of the board must be appointed for a term of not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
	(2)	The instrument appointing, or evidencing the appointment of, a member of the board must state whether the person is appointed as chairperson, deputy chairperson or a non-judicial member.
Explanatory note
This amendment recasts the section in accordance with current drafting practice and adds a standard note about reappointment.  This amendment also removes an unnecessary provision that requires the instrument of appointment to state the period of appointment.  This requirement will be dealt with by a provision being inserted into the Legislation Act 2001 (new s 206 (2)) by an amendment in schedule 2 of this Act.
[3.651]	Section 72 (3)
substitute
	(3)	The chairperson may delegate the functions of the board to a division.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision by omitting the words ‘all or any’ (of the board’s functions) because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.  This amendment also adds a standard note about delegations.
[3.652]	Section 72 (4)
omit
Explanatory note
This amendment omits an unnecessary provision because the Legislation Act 2001, section 239 (2) provides that all Territory laws apply to the delegate in the exercise of the delegation as if the delegate were the appointer.
[3.653]	Section 85 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.654]	Section 86 (1), new note
insert
Note	For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
Explanatory note
This amendment adds a standard note about the taking of an oath or affirmation.
[3.655]	Section 98 (1)
substitute
	(1)	The Minister may, in writing, approve forms for this Act (other than forms for use in or in relation to a court).
Explanatory note
This amendment adds ‘, in writing,’ to bring the provision into line with the standard approved forms provision.
[3.656]	Section 98 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255
Explanatory note
This amendment adds a standard note about approved forms.
[3.657]	Section 100
substitute
100	Review of home detention provisions
	(1)	The Minister must review the operation of the provisions of this Act relating to home detention as soon as is practicable after 24 September 2003.
	(2)	A report on the outcome of the review must be presented by the Minister to Legislative Assembly before 24 March 2004.
	(3)	This section expires on 24 September 2004.
Explanatory note
This amendment brings the section into line with current drafting practice by including actual dates for things to be done and the expiry of the section.
[3.658]	Section 113
substitute
113	Expiry of ch 6
This chapter expires on 24 September 2002.
Explanatory note
This amendment brings the section into line with current drafting practice by including the actual date.
[3.659]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	another Territory
·	fail
·	found guilty
·	function
·	police officer
·	public servant
·	remand centre.
Explanatory note
This amendment adds standard dictionary notes.
[3.660]	Dictionary, definition of remand centre
omit
Explanatory note
This amendment omits the definition because the term is to be defined in the Legislation Act 2001, dictionary, part 1 (see schedule 1 amendments).
Part 3.60	Rehabilitation of Offenders (Interim) Regulations 2001
[3.661]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	doctor.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.61	Residential Tenancies Act 1997
[3.662]	Section 44 (3) (a)
omit
in accordance
substitute
in accordance with
Explanatory note
This amendment corrects a minor typographical error.
Part 3.62	Roads and Public Places Act 1937
[3.663]	Section 1
substitute
1	Name of Act
This Act is the Roads and Public Places Act 1937.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice.
[3.664]	Sections 2, 2A and 2B
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘retention area—see the Uncollected Goods Act 1996, section 4.’ means that the expression ‘retention area’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, 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 Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
2B	Application of Act to Territory
	(1)	The following sections do not bind the Territory:
·	section 6 (Drains for surface water)
·	section 7 (Damage to or interference with public places and property on them).
	(2)	This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts).
2C	Road and public places officers
The chief executive may appoint a public servant as a roads and public places officer for this Act.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment adds standard dictionary and notes provisions and brings section 2B into line with current drafting practice. 
This amendment also removes the requirement in existing section 2B that the chief executive must create and maintain offices for roads and public places officers in the public service.  The Legislation Act 2001, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time.  Standard notes about appointments are also inserted. 
[3.665]	Section 3 (2)
substitute
	(2)	The level of any public road proposed to be fixed or altered may only be fixed or altered after an opportunity is given to people interested in the proposal to be heard about the proposal.
Explanatory note
This amendment updates language.
[3.666]	Section 3 (6)
omit
thereupon
substitute
on receiving the report
Explanatory note
This amendment updates language.
[3.667]	Section 5 (3)
omit
forthwith
substitute
immediately
Explanatory note
This amendment updates language.
[3.668]	Section 6 (3)
omit
deems
substitute
considers
Explanatory note
This amendment updates language.
[3.669]	Sections 7 (b) and 8
omit
whereof
substitute
of which
Explanatory note
This amendment updates language.
[3.670]	Section 9 
substitute
9	Permission to place culverts etc across, and to interfere with the surfaces of, public places
	(1)	The Minister or a roads and public places officer may give permission to a person to make or place a culvert, bridge, crossing or drain across a watertable, watercourse or footpath in, or to open up or break the surface of, any public place.
Note	A fee may be determined under s 9A (Determination of fees) for this section.
	(2)	The permission may be given subject to such conditions as the Minister determines.
Explanatory note
This amendment brings the provision into line with current drafting practice.  Reference to payment of a determined fee has been omitted consequential on the enactment of the Legislation Act 2001.  The determination may deal with when a fee is not payable.
[3.671]	Section 9A
substitute
9A	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Explanatory note
This amendment is consequential on the enactment of the Legislation Act 2001.
[3.672]	Section 10
omit
thereof
substitute
of the public place
Explanatory note
This amendment updates language.
[3.673]	Section 12
omit
by any means whatsoever
substitute
in any way
Explanatory note
This amendment updates language.
[3.674]	Section 12A
substitute
12A	Code of practice for removable signs
	(1)	The Minister may, in writing, approve a code of practice about the placement and keeping of moveable signs in public places.
	(2)	An approval is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. 
Explanatory note
This amendment is consequential on the enactment of the Legislation Act 2001.
[3.675]	Section 12C, penalty 
substitute
Maximum penalty:
	(a)	for a contravention of the code relating to insurance—50 penalty units; or
	(b)	in any other case—10 penalty units.
Explanatory note
This amendment brings the penalty provision into line with current drafting practice.
[3.676]	Section 12E
omit
Explanatory note
This amendment omits a provision about proof of the code in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.677]	Section 12F (4) (a) and (b)
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language.
[3.678]	Section 12G 
substitute
12G	Prescribed objects—s 12F (5), def of prescribed object
	(1)	The Minister may, in writing, prescribe objects.
	(2)	An instrument under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. 
Explanatory note
This amendment brings the section into line with current drafting practice.
[3.679]	Section 13 (3)
omit
thereof
substitute
of such a thing
Explanatory note
This amendment updates language.
[3.680]	Section 13 (3)
omit
forthwith
substitute
immediately
Explanatory note
This amendment updates language.
[3.681]	Section 15E (1)
omit
, on payment of the determined fee,
Explanatory note
This amendment omits words that are now redundant (see Legislation Act 2001, part 6.3).
[3.682]	Section 15E (1), new note
insert
Note	A fee may be determined under s 9A (Determination of fees) for this section.
Explanatory note
This amendment is consequential on the amendment of section 15E (1) by another amendment.
[3.683]	Section 15G (1) and (2)
omit
or his or her delegate
Explanatory note
This amendment omits redundant text (see Legislation Act 2001, section 239 (2)).
[3.684]	Section 15G (2)
omit
or the delegate
Explanatory note
This amendment omits redundant text (see Legislation Act 2001, section 239 (2)).
[3.685]	Section 15K (1)
substitute
	(1)	If the holder of a permit applies to the Minister for its renewal (whether the application is made before or after the end of the permit’s term), the Minister must renew the permit.
Note	A fee may be determined under s 9A (Determination of fees) for this section.
Explanatory note
This amendment omits a redundant reference to a determined fee and adds a standard explanatory note about fees.
[3.686]	Sections 15M (1) and 15N (2), new note
insert
Note	For the giving of documents, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.687]	Section 15P (1)
omit
shall be deemed
substitute
is taken
Explanatory note
This amendment updates language.
[3.688]	Section 15Q
omit
Explanatory note
This amendment omits a provision about service of notices consequentially on the enactment of the Legislation Act 2001, part 19.5 and the insertion of notes about service by another amendment.
[3.689]	Section 15R (1)
omit
shall forthwith furnish
substitute
must immediately give
Explanatory note
This amendment updates language.
[3.690]	Section 16
substitute
15S	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act 2001, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
16	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Explanatory note
This amendment adds a standard provision about approved forms and brings the regulation-making power into line with current drafting practice.
[3.691]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	chief executive
·	document
·	the Territory.
code of practice means the code of practice approved by the Minister under section 12A (1).
object includes any item of movable personal property.
owner, of land, means the lessee of the land.
permit means a permit granted under this Act.
public place means unleased Territory land that the public are entitled to use or that is open to, or used by, the public, and includes every public road.
public road means any street, road, lane, thoroughfare, footpath, or place that is Territory land open to, or used by, the public.
retention area—see the Uncollected Goods Act 1996, section 4. 
roads and public places officer means a roads and public places officer appointed under section 2B.
sign includes a notice and an advertisement.
Explanatory note
This amendment adds a new dictionary containing the definitions previously contained in section 2 which is omitted by another amendment.  In the definition of code of practice, the words ‘as varied from time to time under that section’ have been omitted (see Legislation Act 2001, section 102).  The definition of determined fee is unnecessary (see Legislation Act 2001, part 6.3) and other definitions have been updated in accordance with current drafting practice.
Part 3.63	Road Transport (Alcohol and Drugs) Act 1977
[3.692]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	doctor
·	exercise
·	function
·	nurse.
Explanatory note
This amendment adds standard dictionary notes.
[3.693]	Dictionary, definitions of doctor and nurse
omit
Explanatory note
This amendment omits unnecessary definitions.  Doctor and nurse are defined in the Legislation Act 2001, dictionary, part 1.
Part 3.64	Road Transport (Dimensions and Mass) Act 1990
[3.694]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	exercise
·	function.
Explanatory note
This amendment adds standard dictionary notes.
[3.695]	Dictionary, definition of authorised person
substitute
authorised person, for a provision of this Act, means—
	(a)	a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or
	(b)	a person who is, under regulations made under this Act or the Road Transport (General) Act 1999, an authorised person for the provision.
Explanatory note
This amendment adds into paragraph (a) a reference to the Road Transport (General) Act 1999, section 19.
[3.696]	Dictionary, definition of function
omit
Explanatory note
This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1. 
[3.697]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with the Road Transport (General) Act 1999, section 12.
Part 3.65	Road Transport (Dimensions and Mass) Regulations 2000
[3.698]	Regulation 4 (2)
substitute
	(2)	This regulation does not apply to a person who is given a unique number under the Road Transport (Offences) Regulations 2001, regulation 11 (People authorised for infringement notices etc to have unique number).
Explanatory note
This amendment updates the reference to the regulations about offences.
[3.699]	Regulation 5 (2) (b)
substitute
	(b)	under the Road Transport (Offences) Regulations 2001, regulation 11 (People authorised for infringement notices etc to have unique number).
Explanatory note
This amendment updates the reference to the regulations about offences.
Part 3.66	Road Transport (Driver Licensing) Act 1999
[3.700]	New section 5 (3)
insert
	(3)	Subsection (2), the notes mentioned in subsection (2) and this subsection expire on the commencement of this subsection.
Explanatory note
This amendment provides for the expiry of the notes in the headings to sections.
[3.701]	Division 2.1, heading
substitute
Division 2.1	Functions of road transport authority generally
Explanatory note
This amendment omits unnecessary words.  Function is defined in the Legislation Act 2001, dictionary, part 1, to include authority, duty and power.
[3.702]	Sections 15 (2), 18 (1), 19 (3), 20 (1) and 21 (3), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.703]	Section 27
substitute
27	Regulations may apply certain documents etc 
	(1)	The regulations—
	(a)	may apply publications of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council, a law of another jurisdiction, or any other instrument, as in force from time to time; and
	(b)	may apply to a provision of the regulations, entirely or in part and with or without changes, the provisions of the Criminal Code (Cwlth), as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	For the regulations, the regulations may define a word or expression (or apply a definition of a word or expression in a law or instrument mentioned in subsection (1) (a)) defined by this Act—
	(a)	in the same (or in substantially the same) way as it is defined by this Act; or
	(b)	by reference to a matter included in the word or expression as defined by this Act; or
	(c)	by reference to a combination of matters included in the word or expression as defined by this Act and in any other word or expression defined by this Act; or
	(d)	for applying a publication of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council—in the same way as it is defined in the publication despite anything in this Act or other road transport legislation.
	(3)	In this section:
publication of the National Road Transport Commission includes a document published on behalf of the National Road Transport Commission. 
Explanatory note
This section is amended consequentially on the Legislation Act 2001, section 47 (Statutory instrument may make provision by applying a law or instrument) and to bring the section into line with current drafting practice. 
This amendment also omits subsection (3) which provides for proof of applied instruments in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.704]	Division 5.1, heading
omit
Explanatory note
This amendment omits a redundant division heading consequentially on the expiry of the other divisions of part 5.
[3.705]	Section 37
omit everything before the definition of existing disqualification, substitute
37	Definitions for pt 5
In this part:
Explanatory note
This amendment is consequential on the omission by another amendment of the heading to division 5.1.
[3.706]	Section 42
substitute
42	Expiry of pt 5
This part expires on 1 March 2006.
Explanatory note
This amendment is consequential on the omission by another amendment of the heading to division 5.1.
[3.707]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	exercise
·	function
·	instrument.
Explanatory note
This amendment adds standard dictionary notes.
[3.708]	Dictionary, definitions of exercise and function
omit
Explanatory note
This amendment omits unnecessary definitions.  The terms are defined in the Legislation Act 2001, dictionary, part 1. 
[3.709]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with the Road Transport (General) Act 1999, section 12.
Part 3.67	Road Transport (Driver Licensing) Regulations 2000
[3.710]	New regulation 4 (3)
insert
	(3)	Subregulation (2), the notes mentioned in subregulation (2) and this subregulation expire on the commencement of this subregulation.
Explanatory note
This amendment provides for the expiry of the notes in the headings to regulations.
[3.711]	Regulation 45 (2), note 2
renumber as note 3
Explanatory note
This amendment is consequential on the insertion of a new note 2 by another amendment.
[3.712]	Regulation 45 (2), new note 2
insert
Note 2	A person who is disqualified from holding or obtaining an Australian driver licence in another jurisdiction is not eligible to apply for a restricted licence (see Road Transport (General) Act 1999, s 66 (7)).
Explanatory note
This amendment adds a new note to help the reader.
[3.713]	Regulation 56 (2), note 1
omit
Note 1
substitute
Note
Explanatory note
This amendment is consequential on the omission of note 2 by another amendment.
[3.714]	Regulation 56 (2), note 2
omit
Explanatory note
This amendment omits a note for consistency with other parts of the road transport legislation.
[3.715]	Regulation 88 (2), note and regulation 103 (1), note
omit
Explanatory note
This amendment omits notes for consistency with other parts of the road transport legislation.
[3.716]	Dictionary, definition of authorised person
substitute
authorised person, for a provision of these regulations, means a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision.
Explanatory note
This amendment adds into the definition a reference to the Road Transport (General) Act 1999, section 19.
Part 3.68	Road Transport (General) Act 1999
[3.717]	New section 5 (3)
insert
	(3)	Subsection (2), the notes mentioned in subsection (2) and this subsection expire on the commencement of this section.
Explanatory note
This amendment provides for the expiry of the notes in the headings to sections.
[3.718]	Section 16 (3)
omit
performing
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.719]	Sections 17 and 18
substitute
17	Delegation of road transport authority’s functions
	(1)	The road transport authority may delegate the authority’s functions under the road transport legislation to—
	(a)	the chief police officer; or
	(b)	a public employee; or
	(c)	a person prescribed under the regulations.
Note 	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	The chief police officer may delegate functions delegated to the chief police officer under subsection (1) to—
	(a)	a police officer; or
	(b)	a public employee; or
	(c)	a person prescribed under the regulations.
	(3)	A person mentioned in subsection (1) (c) may delegate a function delegated to the person under subsection (1) to—
	(a)	a public employee; or
	(b)	a person prescribed under the regulations.
	(4)	However, a delegation under subsection (1) may provide that a stated function must not be delegated.
18	Delegation of chief police officer’s functions
The chief police officer may delegate the chief police officer’s functions under the road transport legislation to—
	(a)	a police officer; or
	(b)	a public employee; or
	(c)	a person prescribed under the regulations.
Note 1	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Note 2	For the chief police officer’s power to delegate functions delegated by the road transport authority, see s 17 (2).
Explanatory note
This amendment updates the delegation provisions, as follows: 
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘all or any’ (of the functions being delegated) have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
This amendment also adds standard notes about delegations. 
[3.720]	Section 19 (1)
substitute
	(1)	The road transport authority may appoint a person to be an authorised person for the road transport legislation.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment updates the provision, as follows: 
·	the reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing;
·	the reference to ‘or a provision of the road transport legislation’ is omitted because the Legislation Act 2001, section 205 (1) provides that an appointment may be for a function under an Act.
This amendment also adds standard appointments notes.
[3.721]	New section 19 (4)
insert
	(4)	However, this section does not authorise the road transport authority to appoint a person to be an authorised person for part 3 (Infringement notices for certain offences).
Explanatory note
This amendment makes the operation of the section consistent with the definition of authorised person in the dictionary.
[3.722]	Section 23 (1) (c)
substitute
	(c)	providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences.
Explanatory note
This amendment brings this provision into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.723]	Section 24 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.724]	Section 26 (1) (a)
omit
on which
substitute
when
Explanatory note
This amendment simplifies language in accordance with current drafting practice.
[3.725]	Sections 27 (a) and (c) and 28 (1)
after
service
insert
of the notice
Explanatory note
This amendment brings these provisions into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.726]	Section 31 (2) (b)
substitute
	(b)	the infringement notice penalty (or part of it) has been paid for the offence; or
	(c)	the person has disputed liability for the infringement notice offence.
Explanatory note
This amendment brings this provision into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.727]	Section 32 (3)
substitute
	(3)	Guidelines are a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Explanatory note
This amendment brings this provision into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.728]	Section 36 (3) and (4)
substitute
Note 1	For how documents may be served, see Legislation Act 2001, pt 19 .5
Note 2	Subsections (3) and (4) provide additional ways for serving infringement notices (see Legislation Act 2001, s 251 (1)).
	(3)	If the infringement notice is to be served on a person under this section by post and the vehicle is registered under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999, the notice may be served by sending it by prepaid post, addressed to the person, to the latest address of the person in the registration records kept under that law.
	(4)	An infringement notice for an offence involving a vehicle may be served by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a conspicuous position. 
Explanatory note
This amendment omits the part of subsection (3) that provides for postal service of infringement notices in relation to vehicles registered in the ACT.  It is made redundant by the Legislation Act 2001, part 19.5 (Service of documents).  This amendment also omits from subsection (4) a reference to section 266 (about the service of documents) which is omitted by another amendment.  This amendment also adds notes about service of documents.
[3.729]	Section 51 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.730]	Section 51 (3)
after
service
insert
of the infringement notice or reminder notice
Explanatory note
This amendment brings this provision into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.731]	Section 54
substitute
53A	Authorised persons for infringement notice offences
	(1)	The administering authority for an infringement notice offence may appoint a person to be an authorised person to serve infringement notices or reminder notices for infringement notice offences or particular infringement notice offences.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	The regulations may prescribe a person to be an authorised person for the service of infringement notices or reminder notices for infringement notice offences or particular infringement notice offences.
	(3)	In this part:
authorised person means—
	(a)	for an infringement notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve an infringement notice for the offence; or
	(b)	for a reminder notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve a reminder notice for the offence.
54	Delegation of administering authority’s functions
	(1)	The administering authority for an infringement notice offence may delegate the authority’s functions under this part to—
	(a)	the road transport authority; or
	(b)	a person prescribed under the regulations; or
	(c)	a person who is an authorised person under section 19.
Note 	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	A person mentioned in subsection (1) (a) or (b) may delegate functions delegated to the person under subsection (1) to anyone else.
Explanatory note
New section 53A provides a specific power for an administering authority to appoint authorised persons (similar to section 19 for the road transport authority).  The existing power to authorise people, which is given by the dictionary definition of authorised person, is omitted by another amendment.
Section 54 is amended to bring it into line with current drafting practice by omitting the words ‘in writing’ because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing.  This amendment also adds standard appointments and delegation notes.
[3.732]	Section 56 (3) (h)
substitute
	(h)	a stated address or number was, on a stated date, the latest business, home or email address, or fax number, of a stated person recorded in a register or other record kept under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999;
Explanatory note
This amendment brings this provision into line with the corresponding infringement notice provision that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.733]	Section 61 (2), penalty
substitute
Maximum penalty (subsection (2)):  20 penalty units.
Explanatory note
This amendment clarifies the application of the penalty.
[3.734]	Section 67 (5), note, 2nd dot point
substitute
·	s 66 (7) (which provides that a person who is disqualified from holding or obtaining an Australian driver licence in another jurisdiction is not eligible to apply for a restricted licence)
Explanatory note
This amendment revises the note so that it explains more clearly the operation of section 66 (7).
[3.735]	Section 215 (1), new notes
insert
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment adds standard appointments notes.
[3.736]	Section 225 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255
Explanatory note
This amendment adds a standard note about approved forms.
[3.737]	Sections 226 and 227
omit
Explanatory note
This amendment omits provisions about the service of documents under the road transport legislation.  They are made redundant by the Legislation Act 2001, part 19.5 (Service of documents).  Notes about service of documents are inserted into several sections by other amendments.
[3.738]	Section 229
substitute
229	Regulations may apply certain documents etc 
	(1)	The regulations—
	(a)	may apply publications of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council, a law of another jurisdiction, or any other instrument, as in force from time to time; and
	(b)	may apply to a provision of the regulations, entirely or in part and with or without changes, the provisions of the Criminal Code (Cwlth), as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	For the regulations, the regulations may define a word or expression (or apply a definition of a word or expression in a law or instrument mentioned in subsection (1) (a)) defined by this Act—
	(a)	in the same (or in substantially the same) way as it is defined by this Act; or
	(b)	by reference to a matter included in the word or expression as defined by this Act; or
	(c)	by reference to a combination of matters included in the word or expression as defined by this Act and in any other word or expression defined by this Act (but not in a way that exceeds the power to make regulations about those matters); or
	(d)	for applying a publication of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council—in the same way as it is defined in the publication despite anything in this Act or other road transport legislation.
	(3)	In this section:
publication of the National Road Transport Commission includes a document published on behalf of the National Road Transport Commission.
Explanatory note
This section is amended consequentially on Legislation Act 2001, section 47 (Statutory instrument may make provision by applying a law or instrument) and to bring the section into line with current drafting practice. 
This amendment also omits subsection (3) which provides for proof of applied instruments in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.739]	Section 233 (4)
substitute
	(4)	In this section:
another road transport Act means an Act (other than this Act) mentioned in section 6 (What is the road transport legislation?).
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Explanatory note
This amendment simplifies the definition by linking it to section 6.
[3.740]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	chief police officer
·	entity
·	exercise
·	function
·	instrument
·	public employee
·	statutory declaration
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
[3.741]	Dictionary, definition of administering authority 
substitute
administering authority, for an infringement notice offence, means the entity that, under the regulations, is the administering authority for the offence.
Explanatory note
This amendment brings this provision into line with the corresponding definition that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.742]	Dictionary, definition of authorised person
substitute
authorised person means—
	(a)	for part 3 (Infringement notices for certain offences)—see section 53A (3); and
	(b)	in any other case—
	(i)	a person who is appointed as an authorised person under section 19 for the provision; or
	(ii)	a person who, under the regulations, is an authorised person for the provision.
Explanatory note
This amendment revises the definition consequentially on the relocation of the power to appoint an authorised person for part 3 to section 53A.  Section 53A is inserted by another amendment.  This amendment also adds a reference to the section (section 19) under which an authorised person is appointed for another provision.
[3.743]	Dictionary, definitions of exercise and function
omit
Explanatory note
This amendment omits unnecessary definitions.  The terms are defined in the Legislation Act 2001, dictionary, part 1. 
[3.744]	Dictionary, definition of infringement notice 
omit
served
Explanatory note
This amendment brings this provision into line with the corresponding definition that was inserted into the Magistrates Court Act 1930 by the Fair Trading Legislation Amendment Act 2001.
[3.745]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with section 12 of the Act.
Part 3.69	Road Transport (General) Regulations 2000
[3.746]	New regulation 4 (3)
insert
	(3)	Subregulation (2), the notes mentioned in subregulation (2) and this subregulation expire on the commencement of this subregulation.
Explanatory note
This amendment provides for the expiry of the notes in the headings to regulations.
[3.747]	Schedule 1, part 1.10, column 3
omit
authorised officer
substitute
authorised person
Explanatory note
This amendment brings the language of the regulations into line with the Road Transport (General) Act 1999.
Part 3.70	Road Transport (Public Passenger Services) Act 2001
[3.748]	Section 16 (2) (a)
omit
network
substitute
services
Explanatory note
This amendment brings the language of the paragraph into line with the language of similar provisions of the Act.
[3.749]	Section 21
substitute
21	Pretending to be an accredited bus service operator
A person must not pretend to be accredited under the regulations to operate a bus service.
Maximum penalty:  30 penalty units.
Explanatory note
This amendment brings this section into line with similar sections about other kinds of accreditations under the Act.
[3.750]	Section 62
substitute
62	Regulations may apply certain laws and instruments
The regulations may apply a law of another jurisdiction or any other instrument, as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This section is amended consequentially on the Legislation Act 2001, section 47 (Statutory instrument may make provision by applying a law or instrument). 
[3.751]	Section 69
substitute
69	Expiry of div 7.1
This division expires on 1 June 2003.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.752]	Section 72
substitute
72	Expiry of div 7.2
This division expires on 1 December 2002.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.753]	Section 80
substitute
80	Expiry of div 7.4
This division expires on 1 December 2002.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.754]	Section 82
substitute
82	Expiry of div 7.5
This division expires on 1 December 2002.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.755]	Section 84
substitute
84	Expiry of div 7.6
This division expires on 1 June 2003.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.756]	Section 92
substitute
92	Expiry of div 7.7
This division expires on 2 March 2003.
Explanatory note
The section is amended to state the actual date when the division will expire.
[3.757]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	exercise
·	function
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
[3.758]	Dictionary, definition of function
omit
Explanatory note
This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1. 
[3.759]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with section 12 of the Road Transport (General) Act 1999.
[3.760]	Dictionary, definitions of road and road related area
omit
section 15
substitute
section 12
Explanatory note
This amendment corrects a reference to the Road Transport (General) Act 1999.
Part 3.71	Road Transport (Public Passenger Services) Act 2001 No 62
[3.761]	Schedule 1, amendments 1.29 and 1.31
omit
(commencement: 10 September 2001)
Explanatory note
This amendment omits renumbering provisions that were of no effect because of the renumbering of the relevant provisions by another Act.  This amendment is backdated to the notification of the Act.
Part 3.72	Road Transport (Safety and Traffic Management) Act 1999
[3.762]	New section 5 (3)
insert
	(3)	Subsection (2), the notes mentioned in subsection (2) and this subsection expire on the commencement of this subsection.
Explanatory note
This amendment provides for the expiry of the notes in the headings to sections.
[3.763]	Sections 10 (4), 10D (1), 22 (2) and 28 (2), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.764]	Section 34
substitute
34	Regulations may apply certain documents etc 
	(1)	The regulations—
	(a)	may apply publications of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council, a law of another jurisdiction, or any other instrument, as in force from time to time; and
	(b)	may apply to a provision of the regulations, entirely or in part and with or without changes, the provisions of the Criminal Code (Cwlth), as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	For the regulations, the regulations may define a word or expression (or apply a definition of a word or expression in a law or instrument mentioned in subsection (1) (a)) defined by this Act—
	(a)	in the same (or in substantially the same) way as it is defined by this Act; or
	(b)	by reference to a matter included in the word or expression as defined by this Act; or
	(c)	by reference to a combination of matters included in the word or expression as defined by this Act and in any other word or expression defined by this Act; or
	(d)	for applying a publication of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council—in the same way as it is defined in the publication despite anything in this Act or other road transport legislation.
	(3)	In this section:
publication of the National Road Transport Commission includes a document published on behalf of the National Road Transport Commission. 
Explanatory note
This section is amended consequentially on the Legislation Act 2001, section 47 (Statutory instrument may make provision by applying a law or instrument) and to bring the section into line with current drafting practice.
This amendment also omits subsection (3) which provides for proof of applied instruments in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.765]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	exercise
·	function
·	instrument.
Explanatory note
This amendment adds standard dictionary notes.
[3.766]	Dictionary, definition of authorised person
substitute
authorised person, for a provision of this Act, means—
	(a)	a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or
	(b)	a person who is, under the regulations made under this Act or the Road Transport (General) Act 1999, an authorised person for the provision.
Explanatory note
This amendment adds into paragraph (a) a reference to the Road Transport (General) Act 1999, section 19.
[3.767]	Dictionary, definitions of exercise and function
omit
Explanatory note
This amendment omits unnecessary definitions.  The terms are defined in the Legislation Act 2001, dictionary, part 1. 
[3.768]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with the Road Transport (General) Act 1999, section 12.
Part 3.73	Road Transport (Safety and Traffic Management) Regulations 2000
[3.769]	New regulation 4 (3)
insert
	(3)	Subregulation (2), the notes mentioned in subregulation (2) and this subregulation expire on the commencement of this subregulation.
Explanatory note
This amendment provides for the expiry of the notes in the headings to regulations.
[3.770]	Regulation 56 (2), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.771]	Regulation 87 (1)
omit
longer that
substitute
longer than
Explanatory note
This amendment corrects a minor typographical error.
[3.772]	Regulation 97 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.773]	Dictionary, definition of road
substitute
road—see the Act, dictionary, and includes a road related area.
Explanatory note
This amendment adds a signpost definition to a term that is defined in the Act.
[3.774]	Dictionary, new definition of road related area
insert
road related area—see the Act, dictionary.
Explanatory note
This amendment adds a signpost definition to a term that is defined in the Act in accordance with current drafting practice.
Part 3.74	Road Transport (Vehicle Registration) Act 1999
[3.775]	New section 5 (3)
insert
	(3)	Subsection (2), the notes mentioned in subsection (2) and this subsection expire on the commencement of this subsection.
Explanatory note
This amendment provides for the expiry of the notes in the headings to sections.
[3.776]	Division 2.1, heading
substitute
Division 2.1	Functions of road transport authority generally
Explanatory note
This amendment omits unnecessary words.  Function is defined in the Legislation Act 2001, dictionary, part 1, to include authority, duty and power.
[3.777]	Section 16
substitute
16	Regulations may apply certain documents etc
	(1)	The regulations—
	(a)	may apply publications of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council, a law of another jurisdiction, or any other instrument, as in force from time to time; and
	(b)	may apply to a provision of the regulations, entirely or in part and with or without changes, the provisions of the Criminal Code (Cwlth), as in force from time to time.
Note 1	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2	A notifiable instrument must be notified under the Legislation Act 2001.
	(2)	For the regulations, the regulations may define a word or expression (or apply a definition of a word or expression in a law or instrument mentioned in subsection (1) (a)) defined by this Act—
	(a)	in the same (or in substantially the same) way as it is defined by this Act; or
	(b)	by reference to a matter included in the word or expression as defined by this Act; or
	(c)	by reference to a combination of matters included in the word or expression as defined by this Act and in any other word or expression defined by this Act; or
	(d)	for applying a publication of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council—in the same way as it is defined in the publication despite anything in this Act or other road transport legislation.
	(3)	In this section:
publication of the National Road Transport Commission includes a document published on behalf of the National Road Transport Commission. 
Explanatory note
This section is amended consequentially on the Legislation Act 2001, section 47 (Statutory instrument may make provision by applying a law or instrument) and to bring this section into line with current drafting practice. 
This amendment also omits subsection (3) which provides for proof of applied instruments in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.778]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	exercise
·	function
·	instrument.
Explanatory note
This amendment adds standard dictionary notes.
[3.779]	Dictionary, definition of authorised person
substitute
authorised person, for a provision of this Act, means—
	(a)	a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or
	(b)	a person who is, under the regulations made under this Act or the Road Transport (General) Act 1999, an authorised person for the provision.
Explanatory note
This amendment adds into paragraph (a) a reference to the Road Transport (General) Act 1999, section 19.
[3.780]	Dictionary, definitions of exercise and function
omit
Explanatory note
This amendment omits unnecessary definitions.  The terms are defined in the Legislation Act 2001, dictionary, part 1. 
[3.781]	Dictionary, definitions of road and road related area
omit
an order
substitute
a declaration
Explanatory note
This amendment brings the language of the definitions into line with section 12 of the Road Transport (General) Act 1999.
Part 3.75	Road Transport (Vehicle Registration) Regulations 2000
[3.782]	New regulation 5 (3)
insert
	(3)	Subregulation (2), the notes mentioned in subregulation (2) and this subregulation expire on the commencement of this subregulation.
Explanatory note
This amendment provides for the expiry of the notes in the headings to regulations.
[3.783]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	exercise
·	function
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.76	Sale of Motor Vehicles Act 1977
[3.784]	Section 32A, definition of hire-purchase agreement
relocate to dictionary
Explanatory note
The definition of hire-purchase agreement in section 32A is an updated form of the definition in the dictionary.  The definition is relocated to the dictionary so that it applies to the whole of the Act.  The existing definition of the term in the dictionary is omitted by another amendment.
[3.785]	Dictionary, definitions of creditor, debtor, director-general, hire-purchase agreement, hirer, lease, non-dealer, notice, owner, participating State, payment, purchase, registered, register of interests, registrable interest, security interest and the NSW Act
omit
Explanatory note
There is presently some doubt whether these definitions (other than the definitions of hire-purchase agreement and owner that are not for part 4A) form part of the dictionary.  They were inserted by the Sale of Motor Vehicle Amendment Act 2001 No 13, section 5.  Section 5 commenced on 5 October 2001.  However, the Justice and Community Safety Legislation Amendment Act 2001 No 70, schedule 1, amendments of the Sale of Motor Vehicles Act 1977, amendment 1.174 created the dictionary.  The amendments of the Sale of Motor Vehicles Act 1977 made by the Justice and Community Safety Legislation Amendment Act 2001 commenced on 14 March 2002.  This amendment and the insertion of new definitions into the dictionary by another amendment in this part put the matter beyond doubt.
The definition of hire-purchase agreement is relocated from section 32A to the dictionary by another amendment.
An updated definition of owner is inserted into the dictionary by another amendment.
[3.786]	Dictionary, new definitions
insert
creditor, for part 4A (Registration of interests in motor vehicles)—see section 32A.
debtor, for part 4A (Registration of interests in motor vehicles)—see section 32A.
director-general, for part 4A (Registration of interests in motor vehicles)—see section 32A.
hirer, for part 4A (Registration of interests in motor vehicles)—see section 32A.
lease, for part 4A (Registration of interests in motor vehicles)—see section 32A.
non-dealer, for part 4A (Registration of interests in motor vehicles)—see section 32A.
notice, for part 4A (Registration of interests in motor vehicles)—see section 32A.
owner, in relation to a motor vehicle—
	(a)	for part 4A (Registration of interests in motor vehicles)—see section 32A; and
	(b)	in any other case—
	(i)	includes a person—
	(A)	who is the sole owner, joint owner or part owner of the motor vehicle; or
	(B)	who has possession of the motor vehicle under a hire-purchase agreement, or bill of sale or similar instrument; or
	(C)	who has possession of the motor vehicle under a contract of hire; and
	(ii)	does not include a person—
	(A)	mentioned in paragraph (b) (i) (A) who does not have possession of the motor vehicle; or
	(B)	who is entitled under a contract of hire, hire-purchase agreement, or bill of sale or similar instrument, to possession of the motor vehicle but who does not have possession of it.
participating State, for part 4A (Registration of interests in motor vehicles)—see section 32A.
payment, of a purchase price, for part 4A (Registration of interests in motor vehicles)—see section 32A.
purchase, for part 4A (Registration of interests in motor vehicles)—see section 32A.
registered, for part 4A (Registration of interests in motor vehicles)—see section 32A.
register of interests, for part 4A (Registration of interests in motor vehicles)—see section 32A.
registrable interest, for part 4A (Registration of interests in motor vehicles)—see section 32A.
security interest, for part 4A (Registration of interests in motor vehicles)—see section 32A.
the NSW Act, for part 4A (Registration of interests in motor vehicles)—see section 32A.
Explanatory note
This amendment adds signpost definitions into the dictionary in accordance with current drafting practice and also adds an updated definition of  owner.
Part 3.77	Smoke-free Areas (Enclosed Public Places) Regulations 1994
[3.787]	Regulation 5, penalty 
substitute
Maximum penalty:  5 penalty units.
Explanatory note
This amendment converts a penalty stated as an amount to penalty units.
Part 3.78	Stadiums Authority Act 2000
[3.788]	Section 3
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘relevant person, for division 5.1 (Conduct of persons associated with the authority—see section 31.’ means that the term ‘relevant person’ is defined in that section and the definition applies to that division.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment. 
[3.789]	Section 5 (i) and (j)
substitute
	(i)	to exercise any other function given to it under this Act or another Territory law; and
	(j)	to carry out activities incidental to its other functions.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Explanatory note
This amendment brings the paragraphs into line with current drafting practice and adds a standard note about necessary and convenient powers related to a function.  This amendment is consequential on the omission of section 6 by another amendment.
[3.790]	Section 6
omit
Explanatory note
This section is no longer necessary because of the Legislation Act 2001, section 196 (1).  That section provides that a provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function. 
[3.791]	Section 9 (2) (b)
omit
performs
substitute
exercises
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.792]	Section 10 
substitute
10	Constitution of board
	(1)	The board consists of the directors.
	(2)	The directors of the authority are—
	(a)	the appointed directors; and
	(b)	the chief executive.
	(3)	However, the board consists of only the appointed directors when it is considering or deciding—
	(a)	the appointment, or the ending of the appointment, of the chief executive; or
	(b)	the chief executive’s conditions of appointment.
Explanatory note
This amendment brings the section into line with current drafting practice and omits section 10 (4) which is no longer necessary because of the Legislation Act 2001, section 199 (4).  That section provides that the exercise of a function of a body is not affected only because of vacancies in the body’s membership.
[3.793]	Section 11 (1)
omit
, by instrument,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, by writing.
[3.794]	Section 11 (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard note about appointments.
[3.795]	Section 11 (2)
substitute
	(2)	An appointment must not be for a term longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment brings the subsection into line with current drafting practice and adds a standard note about reappointment.
[3.796]	Section 12 (1)
omit
, by instrument,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.797]	Section 13
omit
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.798]	Section 14
omit
Explanatory note
This provision is unnecessary because the Legislation Act 2001, section 210 provides for the resignation of a person from a statutory appointment.
[3.799]	Section 15, heading
substitute
15	Ending of appointment of director
Explanatory note
This amendment brings the section heading into line with current drafting practice.
[3.800]	Section 15 (1)
omit
terminate
substitute
end
Explanatory note
End is the drafting term that is now used in relation to appointments.
[3.801]	Section 15 (1) (f) (i)
substitute
	(i)	punishable by imprisonment for 1 year or more; or
Explanatory note
This amendment brings the language of the subparagraph into line with current drafting practice.
[3.802]	Section 15 (1), new note
insert
Note	An appointed director’s appointment also ends if the director resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment adds a standard note about resignation from an appointment.
[3.803]	Section 15 (2)
omit
terminate
substitute
end
Explanatory note
This amendment updates language by changing the references to the termination of an appointment to the ending of an appointment.  End is the drafting term that is now used in relation to appointments.
[3.804]	Section 15 (2)
omit
appointment of the director be terminated
substitute
director’s appointment be ended
Explanatory note
This amendment brings the subsection into line with current drafting practice.  End is the drafting term that is now used in relation to appointments.
[3.805]	Section 15 (3) (c)
omit
member
substitute
director
Explanatory note
This amendment clarifies the operation of the provision.
[3.806]	Section 16 (1)
omit 
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
[3.807]	Section 16 (5)
substitute
	(5)	The Minister must present a copy of a statement under subsection (4) to the relevant committee of the Legislative Assembly within 14 days after the day the Minister receives the request.
Explanatory note
This amendment updates language.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.808]	Section 17
substitute
17	Calling meetings of board
	(1)	The chairperson or, if the chairperson cannot do so, the deputy chairperson—
	(a)	may at any time call a meeting of the board; and
	(b)	must call a meeting of the board if asked by the Minister or at least 2 directors.
	(2)	A person who calls a meeting of the board must give the other directors reasonable notice of the time and place of the meeting.
Explanatory note
This amendment updates language and simplifies the section in accordance with current drafting practice.
[3.809]	Section 20
substitute
20	Appointment of chief executive
	(1)	The Minister must appoint a person as the chief executive of the authority.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
	(2)	The chief executive’s conditions of appointment are the conditions agreed to between the authority and the chief executive.
	(3)	However, the authority may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the board.
	(4)	Despite any agreement under subsection (2), the authority may end the appointment of a chief executive without compensation if the chief executive contravenes section 21 (2) or division 5.1 (Conduct of persons associated with the authority).
Note	The chief executive’s appointment also ends if the chief executive resigns (see Legislation Act 2001, s 210).
Explanatory note
This amendment brings the section into line with current drafting practice and omits section 20 (2) which is no longer necessary because of the Legislation Act 2001, section 209 (1).  That section provides that a power of appointment includes the power to make acting appointments during vacancies and when the person holding the position cannot exercise the functions of the position.
[3.810]	Section 21, heading
substitute
21	Functions of chief executive
Explanatory note
This amendment brings the section heading into line with current drafting practice.
[3.811]	Section 26 (1)
substitute
	(1)	The Minister may give written directions to the authority in relation to the exercise of any of its functions.
Explanatory note
This amendment brings the subsection into line with current drafting practice by updating language.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.812]	Section 26 (3)
substitute
	(3)	The Minister must present a copy of a direction to the Legislative Assembly within 6 sitting days after the day the Minister makes it.
Explanatory note
This amendment brings the subsection into line with current drafting practice.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.813]	Section 27 (3)
substitute
	(3)	The Minister must present a copy of each business plan given to the Minister under subsection (2) to the Legislative Assembly within 6 sitting days after the day the Minister receives it.
Explanatory note
This amendment brings the subsection into line with current drafting practice.  Present is the drafting term now used in relation to the tabling of documents in the Legislative Assembly.
[3.814]	Section 29 (3) and (4)
substitute
	(3)	In this section:
available profits means—
	(a)	the profits for the financial year to which the Treasurer’s direction relates; and
	(b)	any profits for any previous financial year that have not previously been taken into account in deciding whether a dividend should be declared.
profit includes the net proceeds of the sale of assets.
Explanatory note
This amendment brings the form of the definitions into line with current drafting practice.
[3.815]	Part 6, heading
substitute
Part 6	Transitional provisions
Explanatory note
This amendment retitles the part in accordance with current drafting practice. 
[3.816]	Section 41 (7)
omit
the commencement day
substitute
13 April 2000
Explanatory note
This amendment replaces a reference to the commencement day (of a provision of the Act) with a reference to the actual date the provision commenced.
[3.817]	New section 42
insert
42	Expiry of pt 6
This part expires on 31 December 2003.
Explanatory note
This amendment adds a new section in accordance with current drafting practice that provides for the expiry of the transitional provisions.
[3.818]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	contravene
·	exercise 
·	function.
appointed director means a person appointed to be a director of the authority under section 11 (1).
authority means the Stadiums Authority established under section 4 (1). 
board means the board of management of the authority established under section 8.
chief executive means a person appointed as the chief executive under section 20.
director means a director of the authority.
relevant person, for part 5.1 (Conduct of persons associated with the authority)—see section 31.
Explanatory note
This amendment adds a dictionary consequential on the omission of the definition section (section 3) by another amendment.  The definitions have been updated, and a new signpost definition of relevant person added, in accordance with current drafting practice.  The definition of commencement day has been omitted consequent on the amendment of section 41 (7) by another amendment.
Part 3.79	Statute Law Amendment Act 2001 (No 2)
[3.819]	Schedule 3, amendment 3.6
omit
Explanatory note
This amendment is redundant because it was made in anticipation of the Cemeteries and Crematoria Bill 2001 which was not made a law.
Part 3.80	Supreme Court Act 1933
[3.820]	Section 2, note 1
omit
Terms and conditions of judges
substitute
Remuneration, allowances and other entitlements of judges
Explanatory note
This amendment is consequential on the revision of a part heading by another amendment.
[3.821]	Section 9 (1)
omit
conferred on
substitute
given to
Explanatory note
This amendment updates language.
[3.822]	Section 9 (2)
omit
conferred
substitute
given
Explanatory note
This amendment updates language.
[3.823]	Section 10 (1)
omit
conferred on
substitute
given to
Explanatory note
This amendment updates language.
[3.824]	Section 10 (2)
omit
an order
substitute
a judgment
Explanatory note
This amendment makes the language of the section consistent with the other provisions about the jurisdiction of the court.
[3.825]	Section 10 (2)
omit
conferred
substitute
given
Explanatory note
This amendment updates language.
[3.826]	Section 10 (3)
omit
the order
substitute
the judgment
Explanatory note
This amendment makes the language of the section consistent with the other provisions about the jurisdiction of the court.
[3.827]	Section 13 (4)
substitute
	(4)	If an order has been made under subsection (2) or (3) in relation to a matter—
	(a)	the jurisdiction of the court in the matter must, subject to the rules of court, be exercised by the Full Court; and
	(b)	the court may give the directions it considers appropriate about the procedure to be followed in the further conduct of the proceeding, including directions about the use (if any) of any evidence received before the making of the order.
Explanatory note
This amendment updates language and brings the drafting of the subsection into line with current drafting practice.
[3.828]	Section 19 
omit 
proceeding to perform
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also omits unnecessary words.
[3.829]	Section 19 (a)
omit 
the schedule, part 1
substitute
schedule 1, part 1.1
Explanatory note
This amendment updates a reference.
[3.830]	Section 19 (b)
omit
the schedule, part 2
substitute
schedule 1, part 1.2
Explanatory note
This amendment updates a reference.
[3.831]	Section 30 (5) (b)
substitute
	(b)	subject to any other conditions the court considers just.
Explanatory note
This amendment updates language.
[3.832]	Section 34 (1)
substitute
	(1)	At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it just to do so.
Explanatory note
This amendment updates language.
[3.833]	Section 34A
substitute
34A	Receivers
	(1)	At any stage of a proceeding, the court may appoint a receiver if the court considers it just to do so.
	(2)	The appointment may be made on the conditions the court considers appropriate.
Explanatory note
This amendment updates language and brings the section into line with current drafting practice.
[3.834]	Section 34B (2)
substitute
	(2)	In a proceeding in the court for any relief or remedy of a kind mentioned in subsection (1), the court may, instead of directing the issue of the relevant writ, grant the relief or remedy sought by making an order to the same effect.
Explanatory note
This amendment simplifies and updates language (see Legislation Act 2001, section 146).
[3.835]	Section 35
substitute
35	Rules of practice and procedure—judicial discretion
In a proceeding, if no provision about a matter of practice or procedure of the court is made under this Act or another Territory law, the court may give the directions about practice and procedure that it considers appropriate.
Explanatory note
This amendment updates language and brings the section into line with current drafting practice.
[3.836]	Section 36 (1) (ba) to (d)
renumber as section 36 (1) (c) to (e)
Explanatory note
This amendment renumbers paragraphs so that they form a single sequence.
[3.837]	Section 36 (2) (g)
omit 
thereof
substitute
of them
Explanatory note
This amendment updates language.
[3.838]	Section 37A (2)
omit 
performing
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.839]	Section 37B (2) (c) (v) 
omit
the following Acts: or
substitute
the following Acts:
Explanatory note
This amendment omits an unnecessary word.
[3.840]	Section 37B (2) (c) (v) (A) and (B)
omit
or
Explanatory note
This amendment omits an unnecessary word.
[3.841]	Section 37B (2) (c) (v) (D)
substitute
	(C)	the Protection Orders Act 2001; 
Explanatory note
This amendment updates a reference to legislation and renumbers the provision.
[3.842]	Section 37B (2) (c) (v) (E) and (G)
omit
or
Explanatory note
This amendment omits an unnecessary word.
[3.843]	Section 37B (2) (c) (v) (E), (G) and (H)
renumber as section 37B (2) (c) (v) (D), (E) and (F)
Explanatory note
This amendment renumbers the provisions so that they form a single sequence.
[3.844]	Part 2B, heading
substitute
Part 2B	Remuneration, allowances and other entitlements of judges
Explanatory note
This amendment revises the heading so that it more accurately reflects the contents of the part.
[3.845]	Section 37U (1)
omit
, being an appointment made
Explanatory note
This amendment omits unnecessary text.
[3.846]	Section 39
substitute
39	Functions of master
The master has power to administer oaths and may exercise the other functions given to the master under this Act, another Territory law or a special order of the court.
Explanatory note
This amendment brings the section into line with current drafting practice, particularly by removing references to powers and duties.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function and function is defined to include power and duty. 
[3.847]	Section 40 (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard note about appointments.
[3.848]	Section 40 (3)
substitute
	(3)	A person who is 70 years old or older must not be appointed as the master.
Explanatory note
This amendment brings the language of the subsection into line with current drafting practice.
[3.849]	Section 41
substitute
41	Term of appointment of master
	(1)	The master must be appointed either—
	(a)	for a term of not longer than 7 years; or
	(b)	until the master turns 70 years old.
	(2)	A term mentioned in subsection (1) (a) must not end after the master turns 70 years old.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment brings the section into line with current drafting practice.  The reference in existing section 41 (1) (b) (i) to reappointment is omitted because the Legislation Act 2001, s 208 provides for the reappoint of a person.  A standard reappointments note is inserted into the new section.
[3.850]	Section 41A
substitute
41A	Extension of master’s term of appointment
	(1)	The Executive may, in writing, extend the term of the master’s appointment for a stated period.
	(2)	An extension must be made before the term of appointment (including that term as previously extended) ends.
	(3)	The period of an extension must not end after the master turns 70 years old.
	(4)	In this section:
extend includes further extend.
Explanatory note
This amendment simplifies language and brings the section into line with current drafting practice.
[3.851]	Section 41B
substitute
41B	Conditions of appointment generally
The master holds the position on the conditions not provided for by this Act or any other Territory law that are decided by the Executive.
Explanatory note
This amendment brings the section into line with current drafting practice.
[3.852]	Section 42
omit
proceeding to perform
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also omits unnecessary words.
[3.853]	Section 42 (a)
omit 
the schedule, part 1
substitute
schedule 1, part 1.1
Explanatory note
This amendment updates a reference.
[3.854]	Section 42 (b)
omit
the schedule, part 2
substitute
schedule 1, part 1.2
Explanatory note
This amendment updates a reference.
[3.855]	Section 45
omit
Explanatory note
This amendment omits an unnecessary provision about acting appointments for the following reasons:
·	section 45 (1) and (3) are unnecessary because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	section 45 (2) is unnecessary because the Legislation Act 2001, section 221 (1) provides that a person may not act for more than 1 year;
·	section 45 (4) is unnecessary because the Legislation Act 2001, section 220 provides that an acting appointee has the functions of the position and that Territory laws apply to the acting appointee as if the appointee were the occupant of the position;
·	section 45 (5) is unnecessary because the Legislation Act 2001, section 219 provides that an appointer may decide the conditions of an acting appointment;
·	section 45 (7) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment. 
[3.856]	Section 46 (1), new notes
insert
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
Explanatory note
This amendment adds standard notes about appointments.
[3.857]	Section 46A
omit
Explanatory note
This amendment omits an acting provision for reasons similar to the omission of section 45 by another amendment.
[3.858]	Section 47
substitute
47	Functions of registrar and deputy registrars
	(1)	The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another Territory law or a special order of the court.
	(2)	Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another Territory law.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules of court (see Legislation Act 2001, s 104).
	(3)	The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function. 
Explanatory note
This amendment updates the section, as follows:
·	subsection (1) is brought into line with new section 39 (inserted by another amendment) which is about the functions of the master;
·	subsections (2) and (3) are amended to refer to the exercise of functions.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.859]	Section 48 
omit 
proceeding to perform
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also omits unnecessary words.
[3.860]	Section 48 (a)
omit 
the schedule, part 3
substitute
schedule 1, part 1.3
Explanatory note
This amendment updates a reference.
[3.861]	Section 48 (b)
omit
the schedule, part 4
substitute
schedule 1, part 1.4
Explanatory note
This amendment updates a reference.
[3.862]	Section 49 (1)
omit
When
substitute
If
Explanatory note
This amendment makes it clear that a direction under the section need not be made at the same time as the winding up order is made.
[3.863]	Section 49 (2) (c) and (d)
substitute
	(c)	the master or registrar may refer to the court any matter in relation to the winding-up that the master or registrar considers should be decided by the court; and
	(d)	an appeal lies to the court from any judgment made by the master or registrar in relation to the winding-up.
Explanatory note
This amendment brings the paragraphs into line with current drafting practice, particularly by updating language.
[3.864]	Section 49 (3)
substitute
	(3)	A deputy registrar must not exercise a function of the registrar under this section.
Explanatory note
This amendment brings the section into line with current drafting practice and, in particular, revises the section to refer to the exercise of functions.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.865]	Section 51
substitute
51	Deputy sheriffs
	(1)	Subject to this Act and the directions of the sheriff, a deputy sheriff may exercise the functions of the sheriff under this Act or another Territory law.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules of court (see Legislation Act 2001, s 104).
	(2)	In exercising the functions of the sheriff, a deputy sheriff has all the rights, privileges, immunities and liabilities of the sheriff.
	(3)	The exercise of a function by a deputy sheriff does not affect the power of the sheriff to exercise the function.
Explanatory note
This amendment brings the section into line with current drafting practice and, in particular, revises the section to refer to the exercise of functions.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.866]	Section 52 (3)
omit 
performing
substitute
exercising
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.867]	Section 53
substitute
53	Sheriff’s assistants
	(1)	The sheriff may appoint public servants to assist in the exercise of the sheriff’s functions.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)		A person appointed under subsection (1) (a sheriff’s assistant)—
	(a)	may exercise any function given to the sheriff, subject to this Act and any directions of the sheriff; and
	(b)	has the rights, privileges, immunities and liabilities of the sheriff.
	(3)	Anything done by a sheriff’s assistant is taken to have been done by the sheriff.
Explanatory note
This amendment brings the section into line with current drafting practice and, in particular, revises the section to refer to the exercise of functions.  Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.868]	Section 53A (5)
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
[3.869]	Section 54, heading
substitute
54	How evidence must be given
Explanatory note
This amendment updates language.
[3.870]	Section 54
omit
shall
substitute
must
Explanatory note
This amendment updates language.
[3.871]	Section 55 (2) and (3)
substitute
	(2)	The court may order that all or part of the evidence in a civil matter may or must be given by affidavit.
	(3)	An order under subsection (2) may be made subject to any conditions the court considers appropriate, including, for example, the following:
	(a)	that a copy of an affidavit be served on a party in the matter;
	(b)	that a person whose evidence is given by affidavit attend the hearing to be available for cross-examination.
Explanatory note
This amendment simplifies the subsections and clarifies the court’s power in civil matters to permit or require evidence to be given by affidavit.
[3.872]	Section 55A (3)
substitute
	(3)	This section does not apply in relation to a child.
Explanatory note
This amendment simplifies the subsection and brings it into line with current drafting practice.
[3.873]	Section 57 (c)
omit
touching
substitute
about
Explanatory note
This amendment updates language.
[3.874]	Section 57 (d)
substitute
	(d)	authorise a party to the suit or civil matter to give in evidence testimony taken under this section on the conditions (if any) the court directs.
Explanatory note
This amendment simplifies the language of the paragraph and brings it into line with current drafting practice.
[3.875]	Section 58 (1A)
renumber as section 58 (2)
Explanatory note
This amendment provides for the renumbering of a subsection.
[3.876]	Section 58 (2)
substitute
	(3)	If, in a suit of which the court has jurisdiction, a defendant is not a resident of, or in, Australia and does not voluntarily appear in the suit, the court may nevertheless exercise its jurisdiction after notice to the defendant, and on the conditions, prescribed by rules of court.
Explanatory note
This amendment brings the language of the subsection into line with current drafting practice.
[3.877]	Section 58A (2)
substitute
	(2)	In this section:
depositions, of a witness, means—
	(a)	if a record of the depositions was made in accordance with the Magistrates Court Act 1930, section 54A (2)—a transcript of the record certified in accordance with that Act, section 255B (2); or
	(b)	if the depositions were taken down in writing and signed in accordance with the Magistrates Court Act 1930, section 54A (3)—the depositions taken down and signed.
Explanatory note
This amendment brings the form of the definition into line with current drafting practice.
[3.878]	Section 59
substitute
59	Amendment of defects
	(1)	The court may at any time amend a defect or error in a proceeding in the court.
	(2)	The amendment may be made on the conditions the court considers just.
	(3)	An amendment under this section is to be made for the purpose of deciding the real questions in issue in the proceeding.
Explanatory note
This amendment updates language and brings the section into line with current drafting practice.
[3.879]	Section 60A (4)
omit
and effectual
Explanatory note
This amendment omits unnecessary words.
[3.880]	Section 67A (4)
substitute
	(4)	A declaration may be expressed to be subject to the conditions the court considers appropriate.
Explanatory note
This amendment updates language.
[3.881]	Section 67A (6)
substitute
	(6)	If the court gives leave to a person for subsection (5) (a), it may impose the conditions it considers appropriate.
Explanatory note
This amendment updates language.
[3.882]	Section 69 (1) (a)
omit
such rate as the court thinks fit
substitute
the rate the court considers appropriate
Explanatory note
This amendment updates language.
[3.883]	Section 69 (1) (a)
omit
as of which
substitute
when
Explanatory note
This amendment updates and simplifies language.
[3.884]	Section 69 (1) (b), (2) (a) and (3)
omit
in lieu 
substitute
instead 
Explanatory note
This amendment updates language.
[3.885]	Section 74A
renumber subsections when Act next republished under Legislation Act 2001
Explanatory note
This amendment provides for the renumbering of subsections.
[3.886]	Section 75 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.887]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	exercise
·	function
·	police officer
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
[3.888]	Dictionary, definition of entitlements
substitute
entitlements, for part 2B (Remuneration, allowances and other entitlements of judges)—see section 37T.
Explanatory note
This amendment amends the definition of entitlements consequentially on another amendment.
[3.889]	Dictionary, definition of president (of the administrative appeals tribunal)
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.81	Surveyors Act 2001
[3.890]	New section 2
insert
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘disciplinary notice—see section 29.’ means that the term ‘disciplinary notice’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Explanatory note
This amendment adds a standard dictionary provision consequential on the insertion of a new dictionary by another amendment.
[3.891]	Section 4, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to the new dictionary which is inserted by another amendment.
[3.892]	Section 4, remainder
omit
Explanatory note
This amendment omits the remainder of existing section 4 consequential on the insertion of the new dictionary by another amendment.
[3.893]	Section 6 (d) (iii)
omit
and powers
Explanatory note
This amendment omits unnecessary words.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power.
[3.894]	Section 7
substitute
7	Appointment of commissioner
	(1)	The commissioner is appointed by the Minister.
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
	(2)	The Legislation Act 2001, division 19.3.3 (Appointments—Assembly consultation) applies to the appointment of a public servant as commissioner.
Note	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
	(3)	Subsection (2) has effect despite the Legislation Act 2001, section 227 (2) (a) (Application of div 19.3.3).
Explanatory note
This amendment adds an updated reference to the Legislation Act 2001, division 19.3.3 and updates the appointments notes.
[3.895]	Section 8
substitute
8	Term of appointment
The commissioner must be appointed for a term of not longer than 5 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment brings the section into line with current drafting practice.  In particular, it removes a provision that requires the instrument of appointment to state the period of appointment because the Legislation Act 2001, section 206 (2) provides that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.
[3.896]	Sections 10 and 11
substitute
10	Conditions of appointment generally
The commissioner holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
11	Leave of absence
The Minister may give the commissioner leave of absence on conditions about remuneration and other matters decided by the Minister.
Explanatory note
This amendment updates the language of these provisions to bring them into line with current drafting practice.
[3.897]	Section 13
substitute
13	Delegation by commissioner
The commissioner may delegate the commissioner’s functions under this Act or another Territory law to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment updates the delegation provision. 
[3.898]	Section 30, new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.899]	Section 33 (4), new note
insert
Note	For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
Explanatory note
This amendment adds a standard note about the taking of an oath or affirmation.
[3.900]	Section 51 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.901]	Section 60
substitute
60	Expiry of pt 7
This part expires on 26 July 2002.
Explanatory note
This amendment states the actual date when the part will expire.
[3.902]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	exercise 
·	function.
Explanatory note
This amendment adds a dictionary consequent on the omission of the definition section (section 4) by another amendment. 
Part 3.82	Tobacco Act 1927
[3.903]	Section 2, definition of functions
omit
Explanatory note
This amendment omits an unnecessary definition.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include authority, duty and power. 
[3.904]	Section 2, remaining definitions
relocate to the dictionary
Explanatory note
This amendment relocates to a new dictionary (inserted by another amendment) all definitions that do not need amendment. 
[3.905]	Section 2, remainder
substitute
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
	For example, the signpost definition ‘price ticket—see section 3.’ means that the expression ‘price ticket’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, 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 Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment adds standard dictionary and notes provisions. 
[3.906]	Section 14, heading
substitute
14	Supply of smoking product to under 18 year olds
(commencement: 5 October 2000)
Explanatory note
This amendment confirms a correction of the heading made under the Legislation (Republication) Act 1996. 
[3.907]	Sections 51 (5) and 52 (3)
omit
Explanatory note
This amendment omits expired transitional provisions.
[3.908]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	exercise 
·	function.
Explanatory note
This amendment adds a new dictionary consequent on the omission of the definition section (section 2) by another amendment. 
Part 3.83	Tree Protection (Interim Scheme) Act 2001
[3.909]	Section 12 (2), new note
insert
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Explanatory note
This amendment adds a standard note about disallowable instruments.
[3.910]	Section 21 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.911]	Section 21 (1), new note
insert
Note	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard appointments note.
[3.912]	Section 21 (3), notes
omit
Explanatory note
This amendment omits existing notes about appointments and is consequential on another amendment.
[3.913]	Section 22 (1)
substitute
	(1)	The adviser must be appointed for a term of not longer than 1 year.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Explanatory note
This amendment removes an unnecessary requirement that the instrument of appointment state the period of appointment (see Legislation Act 2001, section 206 (2)).
[3.914]	Sections 25 and 26
substitute
25	Definitions for pt 5
In this part:
connected—a thing is connected with an offence if—
	(a)	 the offence has been committed in relation to it; or
	(b)	it will provide evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
	(a)	a person believed on reasonable grounds to be an occupier of the premises; and
	(b)	a person apparently in charge of the premises.
Note	The dictionary defines premises as including land.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed. 
Explanatory note
This amendment recasts the form of the definitions in accordance with current drafting practice.
[3.915]	Section 27 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.916]	Section 27 (1), new notes
insert
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment adds standard appointments notes.
[3.917]	Sections 48 to 50
substitute
48	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Explanatory note
This amendment omits provisions that are unnecessary because the matters dealt with in the provisions are now dealt with in the Legislation Act 2001, part 6.3 and replaces them with the standard determination of fees provision.
[3.918]	Section 51 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255
Explanatory note
This amendment adds a standard note about approved forms.
[3.919]	New section 51 (3)
insert
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
Explanatory note
This amendment inserts a standard provision and note about approved forms.
[3.920]	Section 52 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing.
[3.921]	Section 52 (1), new note
insert
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment adds a standard note about delegations.
[3.922]	Section 52 (2)
omit
may not
substitute
must not
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.923]	Sections 51 to 53
renumber as sections 49 to 51 when Act next republished under Legislation Act 2001
Explanatory note
This amendment is consequential on the omission of sections 49 and 50 by another amendment in this part.
[3.924]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	contravene
·	exercise 
·	function.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.84	Unit Titles Act 2001
[3.925]	Section 79
substitute
79	Service of documents on owners corporation
For this Act (including an application for a court order under this Act) a document may be served on an owners corporation by—
	(a)	if the address for service is the postal address of a building on the parcel—by placing it in the letterbox mentioned in section 78 (2); or
	(b)	serving it in another way approved by the corporation by ordinary resolution.
Note	The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act 2001, pt 19.5.
Explanatory note
This amendment omits provisions relating to methods of service that are provided for in the Legislation Act 2001 and removes references to ‘giving’ documents which are unnecessary when the expression ‘served’ is used (see Legislation Act 2001, section 245).
[3.926]	Section 80 (1)
substitute
	(1)	For this Act (including an application for a court order under this Act) a document may be served on a unit owner, a part-owner of a unit or anyone else with an interest in a unit or the common property on a units plan—
	(a)	by sending it by prepaid post as a letter to the relevant address for correspondence recorded on the corporate register; or
	(b)	if the latest address for correspondence recorded in the corporate register is the postal address of a building or unit on the parcel—by placing it in a letterbox for mail addressed to the building or unit; or
	(c)	by serving it in another way directed by the person to be served.
Note	The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act 2001, pt 19.5.
Explanatory note
This amendment omits provisions relating to methods of service that are provided for in the Legislation Act 2001 and removes references to ‘giving’ documents which are unnecessary when the expression ‘served’ is used (see Legislation Act 2001, section 245).
[3.927]	Section 80 (2) to (5)
omit
given to, or served on,
substitute
served on
Explanatory note
This amendment removes references to a document being given to a person which is unnecessary when the expression ‘served’ is used (see Legislation Act 2001, section 245).
[3.928]	Section 89
substitute
89	Delegation by executive committee
	(1)	An executive committee may delegate its functions to 1 or more executive members.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	An owners corporation may, by ordinary resolution, impose conditions or restrictions on its executive committee’s powers of delegation.
Explanatory note
This amendment updates the delegation provision, as follows:
·	Existing section 89 (1): 
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the words ‘(except this power of delegation)’ have been omitted because the Legislation Act 2001, section 236 provides that a person cannot delegate the power to delegate unless the legislation creating the power authorises the delegation;
·	the words ‘either generally or as provided by the delegation’ have been omitted because the Legislation Act 2001, section 234 provides that the delegation instrument may provide that the delegation has effect in stated circumstances or subject to stated conditions, limitations or directions or that all of the function, or a stated part of the function, is delegated.
·	Existing section 89 (3) is unnecessary because the Legislation Act 2001, section 239 provides that a delegate must exercise the delegation subject to conditions, limitations etc in the delegation instrument.
·	Existing section 89 (4) has been omitted because:
·	the words ‘a delegation is revocable at will’ are not necessary because the Legislation Act 2001, section 237 provides that the person who has delegated can amend or revoke the delegation in whole or part;
·	the words ‘(a delegation) does not prevent the executive committee from exercising a delegated function’ are not necessary because the Legislation Act 2001, section 240 provides that the person who has delegated a function can exercise the delegated function.
This amendment also adds a standard note about delegations.
[3.929]	Section 113 (6), penalty
substitute
Maximum penalty (subsection (6)):  5 penalty units.
(commencement:  5 October 2001)
Explanatory note
This amendment confirms a minor correction to the penalty provision made under the Legislation (Republication) Act 1996. 
[3.930]	Section 121 (1)
omit
may not
substitute
must not
Explanatory note
This amendment makes it clear that the requirement is mandatory.
[3.931]	Section 142 (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard appointments note.
[3.932]	Section 145
substitute
145	Delegation by administrator
The administrator of an owners corporation may delegate the administrator’s functions to anyone else.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4 .
Explanatory note
This amendment updates the delegation provision and brings it into line with section 89 which is updated by another amendment.
[3.933]	Section 180 (2)
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.934]	Section 194
substitute
194	Expiry of pt 16
This part expires on 5 April 2003.
Explanatory note
This amendment states the actual date when the part expires.
[3.935]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	contravene
·	exercise 
·	function.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.85	Unit Titles Regulations 2001
[3.936]	Regulation 18 (2) 
substitute
	(2)	On request, the Minister may appoint a conciliator to help the owners corporation to resolve the dispute.
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment brings the appointment provision into line with current drafting practice and adds a standard note about appointments.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.937]	Regulation 20 (2)
substitute
	(2)	On request, the Minister may appoint a conciliator to help the owners corporation to resolve the matters set out in the request.
Explanatory note
This amendment brings the appointment provision into line with current drafting practice and adds a standard note about appointments.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.938]	Schedule 2, clause 2 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.939]	Schedule 3, clause 3 (1), new note
insert
Note	For how documents may be served, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
Part 3.86	University of Canberra Act 1989
[3.940]	Title
substitute
An Act about the University of Canberra
Explanatory note
This amendment revises the long title to reflect the fact that the university has already been established.
[3.941]	Section 1
substitute
1	Name of Act
This Act is the University of Canberra Act 1989.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment brings the naming provision of the Act into line with current drafting practice and adds standard dictionary and notes provisions.  A new dictionary is inserted by another amendment.
[3.942]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary which is inserted by another amendment.
[3.943]	Section 3, remainder
omit
Explanatory note
This amendment omits the remainder of existing section 3 consequentially on the insertion of a dictionary by another amendment.
[3.944]	Section 4 (5)
omit
Explanatory note
This amendment omits a provision that requires judicial notice to be taken of the university’s seal on a document.  It is unnecessary because the Evidence Act 1995 (Cwlth), section 150 provides that if the imprint of a seal appears on a document and purports to be the imprint of the seal of a stated kind of body, including a body created under a Territory law, it is presumed that the imprint is the imprint of that seal and that the document was duly sealed.  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.945]	Sections 6 (2), 6A (e) and 7 (1)
omit 
performance
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.946]	Section 7 (2) (p) and (q)
substitute
	(p)	to exercise any other function given to it under this Act or another Territory law; and
	(q)	to do anything incidental to its functions.
Explanatory note
This amendment brings the paragraphs into line with current drafting practice.
[3.947]	Section 7 (4)
substitute
	(4)	The functions of the university may be exercised outside the ACT and Australia.
Explanatory note
This amendment brings the subsection into line with current drafting practice.
[3.948]	Section 11 (2)
omit 
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.949]	Section 11 (2), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a note about appointments.
[3.950]	Section 15 (1) (f)
omit
Explanatory note
This amendment omits a redundant provision that refers to section 11 (1) (c).  That paragraph was omitted by the University of Canberra (Transfer) Act 1997, section 7 (b).  Republication 2 of the University of Canberra Act 1989 renumbered the paragraphs of section 11 (1) so that they formed a single sequence.  Accordingly, the paragraph numbered section 11 (1) (c) in that republication is not the paragraph to which section 15 (1) (f) refers.
[3.951]	Section 15 (1) (g) and (h)
renumber as section 15 (1) (f) and (g)
Explanatory note
This amendment is consequential on the omission of section 15 (1) (f).
[3.952]	Sections 17 and 18
substitute
17	Delegation by council
	(1)	The council may delegate its functions under this Act to—
	(a)	a member of the council; or
	(b)	a committee that includes a member of the council.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
	(2)	However, the council must not delegate its power to make statutes. 
	(3)	A function delegated to a committee mentioned in subsection (1) (b) must be exercised by a majority of the members of the committee acting together.
Explanatory note
This amendment brings the delegation provisions into line with current drafting practice.  In particular:
·	the words ‘in writing’ have been omitted because the Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing;
·	the references to ‘powers’ have been omitted because function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty;
·	the provisions for the revocation of delegations have been omitted because the Legislation Act 2001, section 237 (1) provides that a delegation may be amended or revoked by the person giving the delegation.
This amendment also adds a standard note about delegations.
[3.953]	Sections 20, 24 (1) and 24A (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard note about appointments.
[3.954]	Section 24A (3) (b)
omit 
perform
substitute
exercise
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.
[3.955]	Section 25 (2) (b)
omit
powers and duties
substitute
functions
Explanatory note
This amendment brings the section into line with current drafting practice by removing a reference to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty. 
[3.956]	Section 27
omit
Explanatory note
This amendment omits an unnecessary provision about acting appointments for the following reasons:
·	section 27 (1) is unnecessary because the Legislation Act 2001, section 209 (1) provides that a power to make an appointment includes power to appoint a person to act in the position during a vacancy, whether or not an appointment had previously been made and during any periods when the person holding the position cannot exercise the functions of the position;
·	section 27 (2) is unnecessary because the Legislation Act 2001, section 221 (1) provides that a person may not act for more than 1 year;
·	section 27 (3) is unnecessary because the Legislation Act 2001, section 225 provides that an acting appointment, or anything done under an acting appointment, is not invalid only because of a defect or irregularity in the appointment. 
[3.957]	Section 29 (2)
omit
on the ground that
substitute
because of
Explanatory note
This amendment updates language.
[3.958]	Section 29 (2) (c) and (d)
substitute
	(c)	a defect in the convening of a meeting.
Explanatory note
Section 29 (2) (d) is unnecessary because the Legislation Act 2001, section 199 (4) provides that the exercise of a function by a body is not affected only because of a vacancy in the body’s membership. 
[3.959]	Section 29A
omit
in good faith in the performance or purported performance
substitute
honestly in the exercise, or purported exercise,
Explanatory note
Exercise a function is defined in the Legislation Act 2001, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions.  This amendment also updates language.
[3.960]	Section 35
substitute
35	Application of Financial Management Act, pt 6 and pt 8
	(1)	The Financial Management Act 1996, part 6 (Borrowing and guarantees) applies in relation to the university as if section 45 (Loans to be paid into Territory banking account) were omitted.
	(2)	The Financial Management Act 1996, part 8 (Financial provisions relating to Territory authorities) applies in relation to the university as if—
	(a)	a reference in that part to the chief executive officer of a Territory authority were a reference to the council; and
	(b)	the part were modified as set out in schedule 1.
Explanatory note
This amendment brings the section into line with current drafting practice and is consequent on the insertion of new schedule 1 by another amendment.
[3.961]	Section 40 (2) (e) (iv)
substitute
	(iv)	the appointment and functions of a chairperson at a meeting; and
Explanatory note
This amendment removes references to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty. 
[3.962]	Section 40 (2) (e) (vii)
substitute
	(vii)	the quorum for a committee meeting and the functions of a committee; 
Explanatory note
This amendment removes references to powers and duties.  Function is defined in the Legislation Act 2001, dictionary, part 1 to include power and duty. 
[3.963]	Section 41 
substitute
41	Statutes about traffic
	(1)	The council may make statutes for the regulation or control of traffic (a traffic statute) on land occupied by the university in the ACT, including—
	(a)	the parking, stopping, standing or leaving of vehicles; and
	(b)	the erection and effect of signs and markings.
	(2)	A traffic statute may create offences for contraventions of a traffic statute and prescribe maximum penalties of not more than 2 penalty units for the offences. 
	(3)	A traffic statute must not be inconsistent with another Territory law.
	(4)	However, a traffic statute must not be treated as being inconsistent with another Territory law only because it makes provision in relation to a matter dealt with by the other Territory law if the provision can be complied with without contravening the other law. 
Explanatory note
This amendment brings the section into line with current drafting practice, including changing a reference to a maximum fine of $200 to 2 penalty units.
[3.964]	Section 42 (1) (b)
omit
shall transmit
substitute
must send
Explanatory note
This amendment updates language.
[3.965]	Section 42 (3) and (5)
substitute
	(3)	A statute that has been approved by the Executive has the force of law from the day after the statute is notified under the Legislation Act 2001.
Explanatory note
This amendment brings the commencement of the university’s statutes into line with the Legislation Act 2001, section 73.  It also omits subsection (5) which provides for proof of university’s statutes in court proceedings.  Formal proof of documents of a legislative character is generally not required (see the Legislation Act 2001, section 26 and the Evidence Act 1995 (Cwlth), section 143).  The Evidence Act 1995 (Cwlth) applies to proceedings under Territory laws.
[3.966]	New schedule 1
insert
Schedule 1	Modifications of Financial Management Act 1996, part 8
(see s 35 (2) (b))
[1.1]	Section 54 (3) (b) and (d)
omit
[1.2]	Section 55 (3)
omit
[1.3]	Section 56 (1) (d)
substitute
	(d)	in any investment prescribed under the financial management guidelines for this paragraph; or
	(e)	on deposit with an eligible money market dealer under the Corporations Act; or
	(f)	in bills of exchange that—
	(i)	have been accepted by an authorised deposit-taking institution (an ADI); and
	(ii)	have been endorsed by 1 or more such institutions; and
	(iii)	have not been endorsed by anyone other than an ADI.
[1.4]	Section 58
omit
[1.5]	Section 59 (1) and (2)
substitute
	(1)	A Territory authority must prepare annual financial statements relating to its operations during each year.
	(2)	The annual financial statements for a year must be prepared within—
	(a)	2 months after 31 December in each year; or
	(b)	any further period that the Minister allows in writing.
	(3)	The annual financial statements must be prepared in accordance with generally accepted accounting practice.
[1.6]	Section 59 (3) (b)
omit
[1.7]	Section 59 (4)
omit
[1.8]	Section 61 (1)
substitute
	(1)	The chief executive officer of a Territory authority must give a copy of each annual financial statement to the auditor-general within 2 weeks after preparing the statement.
[1.9]	Section 63 (1)
substitute
	(1)	The responsible Minister may, in writing, direct the chief executive officer of a Territory authority to provide the Minister with financial statements relating to the authority.
	(1A)	The Minister must present a copy of the direction to the Legislative Assembly within 5 sitting days after the day when the Minister gives the direction.
Explanatory note
This amendment updates the modifications of the Financial Management Act 1996 to the university to bring them into line with current drafting practice and by:
·	omitting a redundant modification of section 56 (1) (c);
·	updating the modification made by the insertion of section 56 (1) (e) consequential on the Corporations Act 2001 (Cwlth);
·	revising the modifications made by the insertion of section 56 (1) (f) and (4) to bring them into line with current drafting practice;
·	updating the modification of section 59 (3) consequential on an amendment made by the Financial Management Amendment Act 2001 (No 3) No 95.
[3.967]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	appoint
·	exercise 
·	function.
Explanatory note
This amendment adds a new dictionary consequent on the omission of the definition section (section 3) by another amendment. 
Part 3.87	Unlawful Games Act 1984
[3.968]	Section 3, definitions of public place or place of public resort
omit
within the meaning of the Public Parks Act 1928
Explanatory note
This amendment omits a reference to a repealed Act.
Part 3.88	Utilities (Telecommunications Installations) Act 2001
[3.969]	Section 6 (1) (a)
substitute
	(a)	the installation is for reticulated services; and
Explanatory note
This amendment remakes the paragraph omitting the definition of reticulated service which is relocated to section 6 (2) by another amendment.
[3.970]	Section 6 (2), definition of defined guideline or standard
omit
regulation 21 (2)
substitute
regulation 40 (2)
Explanatory note
This amendment is consequential on the renumbering of a regulation in the regulations referred to in the section (definition of defined guideline or standard).
[3.971]	Section 6 (2), new definition of reticulated services
insert
reticulated services—see the Land (Planning and Environment) Regulations 1992, dictionary.
Explanatory note
This amendment relocates a definition that was in section 6 (1) (a) and changes it to a signpost definition in line with current drafting practice.
[3.972]	Section 10 (1) (b)
omit
use the facility
insert
to use the facility
Explanatory note
This amendment corrects a minor omission.
[3.973]	Section 12
substitute
12	Service of notices
A notice under section 11 may be served on a land-holder as follows:
	(a)	by leaving it in the letterbox on the land;
	(b)	by securing it in a conspicuous place on the land.
Note	For other ways of serving documents, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment updates the section to take account of the Legislation Act 2001, part 19.5.
[3.974]	Section 18 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.975]	Section 18 (1), new note
insert
Note 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Explanatory note
This amendment adds a standard note about appointments.
[3.976]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	exercise
·	law (of the Territory) 
·	property
·	Territory land.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.89	Utility Networks (Public Safety) Regulations 2001
[3.977]	Dictionary, new note
insert
Note 	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Explanatory note
This amendment adds a standard note about definitions.
Part 3.90	Waste Minimisation Act 2001
[3.978]	Section 6 (2)
substitute
	(2)	In this section:
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:
	(a)	the precautionary principle;
	(b)	the inter-generational equity principle;
	(c)	conservation of biological diversity and ecological integrity;
	(d)	improved valuation and pricing of environmental resources.
the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
the precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Explanatory note
This amendment breaks a definition up into several definitions in line with current drafting practice.
[3.979]	Section 11 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.980]	Section 11 (5), new penalty
insert
Maximum penalty (for each day):  50 penalty units.
Explanatory note
This amendment brings the penalty provision into line with current drafting practice.
[3.981]	Section 11 (6)
omit
Explanatory note
This amendment omits a subsection that is unnecessary because of the amendment of section 11 (5) by another amendment.
[3.982]	Section 18 (1), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.983]	Section 18 (6), new penalty
insert
Maximum penalty (for each day):  50 penalty units.
Explanatory note
This amendment brings a penalty provision into line with current drafting practice.
[3.984]	Section 18 (7)
omit
Explanatory note
This amendment omits a subsection that is unnecessary because of the amendment of section 18 (6) by another amendment.
[3.985]	Section 28 (1)
substitute
	(1)	The chief executive may appoint a person as an authorised person for this Act.
Note 1 	For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Explanatory note
This amendment updates the provision, as follows: 
·	the reference to the appointment being made ‘in writing’ is omitted because the Legislation Act 2001, section 206 provides that an appointment must be made, or evidenced, in writing;
·	the reference to ‘or a provision of this Act’ is omitted because the Legislation Act 2001, section 205 (1) provides that an appointment may be for a function under an Act.
This amendment also adds standard appointments notes.
[3.986]	Section 46 (2), new note
insert
Note	For other provisions about forms, see Legislation Act 2001, s 255.
Explanatory note
This amendment adds a standard note about approved forms.
[3.987]	Section 47
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act 2001, section 232 provides that a delegation must be made, or evidenced, in writing.
[3.988]	Section 47, new note
insert
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Explanatory note
This amendment adds a standard note about delegations.
[3.989]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	corporation
·	individual.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.91	Waste Minimisation Regulations 2001
[3.990]	Regulation 11 (2), new note
insert
Note	For how documents may be given, see Legislation Act 2001, pt 19.5.
Explanatory note
This amendment adds a standard note about service of documents.
[3.991]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	contravene
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.92	Water and Sewerage Regulations 2001
[3.992]	Dictionary, new notes
insert
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	Australian standard
·	chief executive
·	the Territory.
Explanatory note
This amendment adds standard dictionary notes.
Part 3.93	Workers Compensation Act 1951
[3.993]	Section 8OA (10)
substitute
	(10)	This section expires on 30 June 2002.
(commencement: 29 June 2002)
Explanatory note
This amendment causes section 8OA to expire the day before the remaining amendments made by the Workers Compensation Amendment Act 2001 to the Workers Compensation Act 1951 commence, to allow the Act to be appropriately renumbered.
[3.994]	Section 9J (5)
substitute
	(5)	In this section:
public transport means a public bus or taxi within the meaning of the Road Transport (Public Passenger Services) Act 2001. 
(commencement: 1 July 2002)
Explanatory note
This amendment updates the references to public vehicles.
[3.995]	Dictionary, new definition of committee
insert
committee, for a matter arising under the Act between an employer and the employer’s workers, means a committee that represents the employer and workers that has the power to decide the matter.
(commencement: 1 July 2002)
Explanatory note
This amendment adds a definition for an undefined term used in the Act.

Schedule 4	Repeal of redundant or obsolete Acts
(see s 6)
Part 4.1	Act that is no longer needed
Explanatory note for pt 4.1
This part repeals an Act that is no longer needed.
The Land Acquisition (Northbourne Oval) Act 1996 is obsolete.  The circumstances that may have required urgent compulsory acquisition of the land no longer apply. 

Land Acquisition (Northbourne Oval) Act 1996 No 84
Part 4.2	Amending Acts without substantive provisions
Explanatory note for pt 4.2
The Acts repealed by this part are amending Acts enacted before 1 January 2000 that do not include substantive provisions, that is, they do no more than amend other laws. 
The purpose of the Acts in this part ended when the last of their amending provisions commenced.  The effect of repealed amending Acts is preserved by the Legislation Act 2001, section 84.
The repeal of the pre-1 January 2000 amending Acts by this part complements the Legislation Act 2001, section 89 (and before that the Interpretation Act 1967, section 43 which commenced on 1 January 2000).  These sections provide for the automatic repeal of amending and repealing Acts enacted after 1 January 2000 when all their provisions have commenced.
The repeals made by this part complete the repeal of the pre-1 January 2000 amending and repealing Acts.  This will make it easier for users of ACT legislation to be certain they have found all legislation on a particular topic.

Children’s Services Amendment Act (No 2) 1999 No 61
Public Health (Consequential Amendments) Act 1999 No 20
Part 4.3	Amending Acts with substantive provisions
Explanatory note for pt 4.3
The Financial Sector Reform (ACT) Act 1999 is an amending Act that, in conjunction with complementary Commonwealth legislation, transferred the regulation of building societies and credit unions from the ACT to the Commonwealth.  The Legislation Act 2001, section 88 (1) saves the effect of transitional provisions that are repealed.  However, to remove any doubt about the ongoing operation of savings and transitional provisions, the effect of the Act is saved by the application of the Legislation Act 2001, section 88 (see section 6 (2) of this Act).
The University of Canberra (Transfer) Act 1997 is an amending Act providing for the transfer of responsibility for the University from the Commonwealth to the Territory.  The remaining substantive provisions deal with savings and transitional matters.  The Legislation Act 2001, section 88 (1) saves the effect of transitional provisions that are repealed.  However, to remove any doubt about the ongoing operation of savings and transitional provisions, the effect of the Act is saved by the application of the Legislation Act 2001, section 88 (see section 6 (2) of this Act).
The Utilities (Consequential Provisions) Act 2000 includes a regulation-making power.  Accordingly, the Legislation Act 2001, section 89, which provides for the automatic repeal of amending and repealing Acts enacted after 1 January 2000 when all their provisions have commenced, does not apply to it.  No regulations have been made under the Act.

Financial Sector Reform (ACT) Act 1999 No 33
University of Canberra (Transfer) Act 1997 No 74
Utilities (Consequential Provisions) Act 2000 No 66

Endnote
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2002