Australian Capital Territory
Administration (Interstate Agreements) Act 1997    
A1997-115
Republication No 4
Effective:  17 June 2004 – 24 August 2004
Republication date: 17 June 2004
Last amendment made by A2003-58

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Administration (Interstate Agreements) Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 June 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 17 June 2004.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Administration (Interstate Agreements) Act 1997

Contents
	Page
Part 1	Introduction
	1	Name of Act	2
	3	Object	2
	4	Dictionary	2
	4A	Notes	2
	5	Application of Act	2
Part 2	Notification and consultation
	6	Notification of negotiations	3
	7	Consultation regarding agreements	3
	8	Procedure before entering into agreements	4
	9	Notification of outcomes	5
	10	Urgent or extraordinary negotiations	5
	11	Discharge of requirements	5
Schedule 1	Negotiations to which Act does not apply	7
Dictionary		8
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	10
	5	Earlier republications	12

Australian Capital Territory
Administration (Interstate Agreements) Act 1997

An Act relating to interstate agreements

    

Part 1	Introduction
1	Name of Act
This Act is the Administration (Interstate Agreements) Act 1997.
3	Object
The object of this Act is to impose on Ministers duties to inform and consult with other members of the Legislative Assembly in regard to interstate agreements, so as to protect the freedom of the Assembly to carry out its legislative deliberations without being subjected to necessity or compulsion due to the actions of the Executive, and shall be construed accordingly.
4	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 terms 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, s 155 and s 156 (1)).
4A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Application of Act
Part 2 does not apply in relation to negotiations for agreements of the kind specified in schedule 1.

Part 2	Notification and consultation
6	Notification of negotiations
	(1) 	If a Minister proposes to participate in a negotiation for an interstate agreement, he or she shall comply with subsection (3) as soon as practicable after becoming aware of the impending negotiation.
	(2) 	If—
	(a)	a Minister is participating in a negotiation for an interstate agreement; and
	(b)	subsection (3) has not been complied with in relation to the negotiation;
he or she shall do so as soon as practicable.
	(3) 	A Minister shall, in writing, inform each member of the Legislative Assembly of—
	(a)	the nature of the negotiation or proposed negotiation; and
	(b)	any timetable for the negotiation or proposed negotiation; and
	(c)	the nature of any legislation that may be proposed as a result of the negotiation; and
	(d)	any position the Minister is taking, or intends to take, in the negotiation.
7	Consultation regarding agreements
	(1) 	If a Minister proposes to participate in a negotiation for an interstate agreement, he or she shall, if practicable, comply with subsection (3).
	(2) 	If—
	(a)	a Minister is participating in a negotiation for an interstate agreement; and
	(b)	subsection (3) has not been complied with in relation to the negotiation;
he or she shall do so as soon as practicable.
	(3) 	A Minister shall consult with—
	(a)	a standing committee of the Legislative Assembly nominated by the Speaker of the Legislative Assembly for the purpose; and
	(b)	the Standing Committee on Justice and Community Safety;
regarding the matters to be considered at the negotiation.
	(4)	If a standing committee of the Legislative Assembly has been nominated under subsection (3) (a) in relation to a negotiation or proposed negotiation, it is sufficient compliance with subsection (3) (b) in relation to that negotiation or proposed negotiation if the Minister consults with the Standing Committee on Justice and Community Safety when it is performing the duties of a Scrutiny of Bills and Subordinate Legislation Committee in so far as its terms of reference in that capacity are relevant.
	(5) 	In participating in a negotiation, the Minister shall have regard to any recommendation made by a relevant committee following the consultation.
8	Procedure before entering into agreements
	(1)	A Minister shall not, on behalf of the Territory, enter into a proposed interstate agreement until either—
	(a)	a recommendation made by a committee consulted in accordance with section 7 has been received; or
	(b)	6 days have elapsed since the consultation was undertaken in accordance with section 7.
	(2)	A Minister shall, in considering whether to enter into an interstate agreement, have regard to any recommendations received under subsection (1).
9	Notification of outcomes
If a Minister participates in a negotiation for an interstate agreement, and an agreement is reached, the Minister shall, within 7 days, inform in writing each member of the Legislative Assembly of the terms of the interstate agreement and any commitments made on behalf of the Territory.
10	Urgent or extraordinary negotiations
If the relevant Minister is satisfied, on reasonable grounds, that compliance with a requirement specified in section 6, 7 or 8—
	(a)	would not be possible or reasonable because of the urgency of the negotiations; or
	(b)	would adversely affect the public interest or the interests of the Territory;
the Minister—
	(c)	is not required to comply with that requirement; and
	(d)	shall inform in writing all members of the Legislative Assembly of his or her opinion under paragraph (a) or (b), and the grounds for that opinion, within 7 days of commencing the negotiations.
11	Discharge of requirements
	(1)	If—
	(a)	a Minister is required by this Act to consult with a committee, or to provide information to Members, regarding negotiations for an interstate agreement; and
	(b)	2 or more Ministers are jointly engaged in the negotiations in question;
a requirement of this Act may be fulfilled by 1 of those Ministers consulting, or providing information, on behalf of all the relevant Ministers.
	(2)	In relation to negotiations for a particular agreement, a Minister is required to fulfil a requirement in sections 6, 7, 8 and 9 once only.

Schedule 1	Negotiations to which Act does not apply
    
(see s 5)
	1.	Agreements that are considered by the intergovernmental committee of the Australian Crime Commission, constituted under the Australian Crime Commission Act 2002 (Cwlth), section 7.
	2.	Agreements reached in the course of meetings of the Australian Loan Council of the Premiers’ Conference.

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Legislative Assembly
·	Minister (see s 162)
·	the Territory.
government means the executive of any of the States, the Territories or the Commonwealth.
interstate agreement means any agreement, including a proposed agreement, between governments, whether negotiated at an official forum or otherwise, the implementation of which could reasonably be expected to require legislation to be passed by the Legislative Assembly.
negotiation means a negotiation between a Minister and another government or its representative.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Administration (Interstate Agreements) Act 1997 No 115
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
remainder commenced 15 January 1998 (s 2 (2) and Gaz 1998 No S29)
as amended by
Administration (Interstate Agreements) (Amendment) Act 1998 No 43
notified 8 October 1998 (Gaz 1998 No S200)
commenced 8 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 4
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 4 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.2
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.2 commenced 19 December 2003 (s 2)
Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.1
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
sch 1 pt 1.1 commenced 17 June 2004 (s 2 and LA s 79)
4	Amendment history
Title
title	sub 1998 No 43 s 4
Name of Act
s 1	sub A2003-56 amdt 3.8
Commencement
s 2	om 2001 No 44 amdt 1.31
Object
s 3	am 1998 No 43 s 5
Dictionary
s 4	defs reloc to dict A2003-56 amdt 3.9
	sub A2003-56 amdt 3.10
Notes
s 4A	ins A2003-56 amdt 3.10
Notification and consultation
pt 2 hdg	am 1998 No 43 s 7
Notification of negotiations
s 6	sub 1998 No 43 s 8
Consultation regarding agreements
s 7	sub 1998 No 43 s 9
Procedure before entering into agreements
s 8	am 1998 No 43 s 10
Urgent or extraordinary negotiations
s 10 	am 1998 No 43 s 11
Discharge of requirements
s 11	am 1998 No 43 s 12
Negotiations to which Act does not apply
sch 1 hdg	(prev sch hdg) num R2 LA
sch 1	items num R2 LA
	am A2003-58 amdt 1.1
Dictionary
dict	ins A2003-56 amdt 3.11
	def government reloc from s 4 A2003-56 amdt 3.9
	def interstate agreement reloc from s 4 A2003-56 amdt 3.9
	def negotiation sub 1998 No 43 s 6
	reloc from s 4 A2003-56 amdt 3.9
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1998 No 43	31 October 1998	
2	A2001-44	15 February 2002	
3	A2003-58	19 December 2003	

©  Australian Capital Territory 2004