Australian Capital Territory
Statute Law Amendment Act 2003 (No 2)
A2003-56
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Purpose	2
	4	Notes	2
	5	Legislation amended—schs 1—3	2
	6	Legislation repealed—sch 4	2
Schedule 1	Minor amendments	3
Part 1.1	Building and Construction Industry Training Levy Act 1999	3
Schedule 2	Structural amendments	5
Part 2.1	Legislation Act 2001	5
Schedule 3	Technical amendments	36
Part 3.1	ACTEW/AGL Partnership Facilitation Act 2000	36
Part 3.2	Administration (Interstate Agreements) Act 1997	39
Part 3.3	Artificial Conception Act 1985	41
Part 3.4	Charitable Collections Act 2003	44
Part 3.5	Children and Young People Act 1999	44
Part 3.6	Confiscation of Criminal Assets Act 2003	92
Part 3.7	Criminal Code 2002	93
Part 3.8	Drugs in Sport Act 1999	93
Part 3.9	Financial Management Act 1996	97
Part 3.10	First Home Owner Grant Act 2000	97
Part 3.11	Gaming Machine Act 1987	98
Part 3.12	Health Professionals (Special Events Exemptions) Act 2000	101
Part 3.13	Long Service Leave (Contract Cleaning Industry) Act 1999	103
Part 3.14	Magistrates Court Act 1930	107
Part 3.15	Magistrates Court Rules 1932	108
Part 3.16	Prisoners (International Transfer) Act 1999	109
Part 3.17	Protection Orders Act 2001	111
Part 3.18	Public Health Act 1997	112
Part 3.19	Public Sector Management Act 1994	114
Part 3.20	Race and Sports Bookmaking Act 2001	115
Part 3.21	Racing Act 1999	115
Part 3.22	Sale of Motor Vehicles Act 1977	126
Part 3.23	Security Industry Regulations 2003	137
Part 3.24	Smoke-free Areas (Enclosed Public Places) Regulations 1994	138
Part 3.25	Spent Convictions Act 2000	138
Part 3.26	Supervised Injecting Place Trial Act 1999	143
Part 3.27	Taxation Administration Act 1999	149
Part 3.28	Taxation (Government Business Enterprises) Regulations 2003	156
Part 3.29	Victims of Crime Regulations 2000	157
Schedule 4	Repeal of redundant or obsolete legislation	158
Part 4.1	Institute for the Study of Man and Society Incorporation Act 1968	158
Part 4.2	Judgment Creditors Remedies Act 1933	159
Part 4.3	Spent Convictions Regulations 2003	159
Part 4.4	Registrable instruments that are no longer needed	159
Division 4.4.1	ACTION Authority Act 2001—disallowable instrument—s 36	160
Division 4.4.2	Independent Competition and Regulatory Commission Act 1997—disallowable instruments—s 15, s 16	160
Division 4.4.3	Legislative Assembly (Members’ Staff) Act 1989—disallowable instruments—s 5, s 6, s 10, s 11	161
Division 4.4.4	Utilities Act 2000—disallowable instruments—s 61, s 65	161

Australian Capital Territory
Statute Law Amendment Act 2003 (No 2)
A2003-56

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 2003 (No 2).
2	Commencement
This Act commences on the 14th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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, s 127 (1), (4) and (5) for the legal status of notes.
5	Legislation amended—schs 1—3
This Act amends the legislation mentioned in schedules 1 to 3.
6	Legislation repealed—sch 4
	(1)	This Act repeals the legislation mentioned in schedule 4.
	(2)	The Institute for the Study of Man and Society Incorporation Act 1968 and the instruments mentioned in part 4.4 are declared to be laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Schedule 1	Minor amendments
(see s 5)
Part 1.1	Building and Construction Industry Training Levy Act 1999
[1.1]	New part 8
insert
Part 8	Validation
38	Validation of appointment of members of board
	(1)	The people appointed by the Minister as members of the board (whether on an acting basis or otherwise) during the period beginning on 1 November 2002 and ending on 18 July 2003 are taken to be, and always to have been, members of the board for the period appointed as if the appointments had been properly—
	(a)	made; and
	(b)	notified under the Legislation Act, section 61; and
	(c)	presented to the Legislative Assembly under the Legislation Act, section 64 (1).
	(2)	Without limiting subsection (1), and to remove any doubt, anything done, or purporting to have been done, by the board during the period mentioned in that subsection in exercise of the functions of the board is taken to be, and always to have been, as valid as if the appointments had been properly—
	(a)	made; and
	(b)	notified under the Legislation Act, section 61; and
	(c)	presented to the Legislative Assembly in accordance with the Legislation Act, section 64 (1).
40	Expiry of pt 8
This part expires the same day it commences.
Note	If a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law (see Legislation Act, s 88 (1) (b)).
Explanatory note
This amendment inserts provisions to ensure the validity of the appointments of members and actions of the Building and Construction Training Fund Board during the period 1 November 2002 to 18 July 2003.  It would seem that not all of the requirements of the Legislation Act about the making, notification and presentation of appointments were satisfied for appointments made to the board during that period.  In particular, when the appointments of members ended on 31 October 2002, some of the members were reappointed for 2 consecutive periods of less than 6 months.  The second of these reappointments was not tabled.
To remove any ongoing doubts about the validity of appointments of members of the board, the members were reappointed by an instrument of appointment with effect from 19 July 2003 (see DI2003—190).  The Legislative Standing Committee on Education was consulted about the reappointments and the instrument of appointment was presented to the Legislative Assembly on 19 August 2003.

Schedule 2	Structural amendments
(see s 5)
Part 2.1	Legislation Act 2001
[2.1]	Section 2, notes
substitute
Note 1	The dictionary at the end of an Act usually defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act.  However, in this Act the dictionary is divided into 2 parts.
Note 2	Part 1 defines terms commonly used in Acts (including this Act) and statutory instruments.  For example, because of the definition ‘month means calendar month.’, the term ‘month’ has the defined meaning wherever the term is used in an Act or statutory instrument unless the Act or instrument provides otherwise or the contrary intention otherwise appears (see s 144 and s 155).
Note 3	Part 2 defines certain terms used in this Act.  For example, the signpost definition ‘administrator, for part 19.5 (Service of documents)—see section 246.’ means that the term ‘administrator’ is defined in s 246 for this Act, pt 19.5.  A definition in pt 2 applies to all of this Act unless the definition, or another provision of this Act, provides otherwise or the contrary intention otherwise appears (see s 155 and s 156 (1)).
Explanatory note
This amendment brings the notes into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.
[2.2]	Section 43 (2), new example and notes
insert
Example 3
The Wombat Protection Act 2003 (hypothetical) provides that the Minister may appoint a Wombat Advocate.  The instrument making the appointment states that the appointment is for 5 years, but the maximum term of appointment authorised under the Act is 4 years.
The instrument is read restrictively (‘read down’) as if it referred to 4 years.  In other words, the instrument is effective but the appointment is only valid for 4 years.
Note to example 3 The kind of interpretation indicated in example 3 is known as a distributive interpretation of the instrument.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).
Explanatory note
This amendment inserts another example to further illustrate the operation of the subsection.  The amendment also inserts a standard note about examples.
[2.3]	Section 43 (3), note
omit
Explanatory note
This amendment omits the note about examples, as it is now placed in section 43 (2).
[2.4]	Section 47 (4)
substitute
	(4)	If the relevant instrument makes provision about the matter by applying a law of another jurisdiction or an instrument, the following provisions apply:
	(a)	if subsection (3) is displaced by, or under authority given by, an Act or the authorising law—the law of the other jurisdiction or instrument is applied as in force from time to time;
Note	For the displacement of s (3), see s 6, examples 1 and 2.
	(b)	if subsection (3) is not so displaced and the relevant instrument does not provide that the law of the other jurisdiction or instrument is applied as in force at a particular time—the law or instrument is taken to be applied as in force when the relevant instrument is made.
Examples for s (4) (b)
1	The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) provides for the making of claims against a compensation fund.  Clause 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act) as in force from time to time.  The determination is made on 1 August 2003.  The Act under which the determination is made does not displace subsection (3).  Therefore, even though clause 43 purports to apply the NSW Act as in force from time to time, the NSW Act as in force on 1 August 2003 is applied by the determination.
2	The Locust Damage Compensation Determination 2003 (mentioned in example 1), clause 43 states that disputes about claims must be decided in accordance with the Commercial Arbitration Act 1984 (NSW) (the NSW Act), but does not state that the NSW Act is to be applied as in force from time to time or at a particular time.  The determination is made on 1 August 2003.  The Act under which the determination is made does not displace subsection (3).  Therefore, the NSW Act as in force on 1 August 2003 is applied by the determination.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
The amendment clarifies the effect of the displacement of section 47 (3) and the relationship between that subsection and this subsection.
More importantly, this amendment makes it clear that a statutory instrument may make provision about a matter by applying a law of another jurisdiction, or an instrument, as in force from time to time only if subsection (3) is displaced by (or under authority given by) an Act or, if the authorising law is a subordinate law or disallowable instrument, the authorising law itself.  In other words, only an Act, or authorising law that is a subordinate law or disallowable instrument, can authorise a statutory instrument to apply a law of another jurisdiction, or an instrument, as in force from time to time.
The amendment ensures that displacement of subsection (3) remains subject to the Legislative Assembly’s scrutiny and control.
[2.5]	New section 65 (4A)
insert
	(4A)	A disallowance under this section has effect for all purposes as if it were a repeal made by an Act.
Explanatory note
This amendment inserts a provision similar to section 68 (6) into section 65.  Section 65 provides that, if the Legislative Assembly passes a resolution to disallow a subordinate law or disallowable instrument, the law or instrument is taken under section 65 to be repealed.  This amendment means that a deemed repeal, once effective, will be repealed automatically under the Legislation Act, section 89.  Its effect is, however, saved under the Legislation Act, section 84.
[2.6]	Section 65
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.7]	Section 73 (1) (b)
after
the Act
insert
or another Act
Explanatory note
This amendment makes it clear that the commencement of an Act may be provided for in another Act.
[2.8]	Section 73 (2) and (3)
omit
subordinate law, disallowable instrument or notifiable instrument
substitute
registrable instrument
Explanatory note
This amendment applies the general commencement rules of the Legislation Act, section 73 to commencement notices.  The rules presently apply to all other registrable instruments.
The rules for the commencement of laws by commencement notice are dealt with in the Legislation Act, section 77.  The amendment does not affect the operation of those rules.
However, the amendment will facilitate the operation of the ACT legislation register.  When a registrable instrument is included on the register, the date the instrument becomes effective (or commences) is indicated to assist users of the register.  The amendment confirms that the general commencement rules that apply to other registrable instruments apply also to commencement notices as instruments, that is, the default commencement for a commencement notice itself is the day after the day the notice is notified.  (This default commencement date may or may not be the same date as the date fixed by the commencement notice for the commencement of the law that it commences).
The proposed default commencement for commencement notices is the same default commencement that already applies to the commencement of a law made by a commencement notice (see Legislation Act, s 77).  The amendment does not change the law, but rather confirms the way that commencement notices have been shown on the legislation register since its establishment.
[2.9]	Section 73 (4) (a)
after
the day
insert
after the day
Explanatory note
This amendment brings the default commencement for non-registrable instruments (that is, instruments not required to be notified on the ACT legislation register) into line with the default commencement for registrable instruments.  Under the amendment the default commencement for a non-registrable instrument will be the day after the instrument is made (or, if it is required to be approved by an entity after making, the day after the approval day).
The law does not generally recognise parts of days.  In theory, it is therefore presently possible for a non-registrable instrument to operate retrospectively by default from the time of making (or approval) back to the first moment of the day it is made (or approved).  The amendment will prevent this result.
However, under other amendments made by this schedule, a non-prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) if the instrument clearly indicates that it is to commence retrospectively (see proposed new s 75B and existing s 76 (1)).  By contrast, a prejudicial provision of a non-registrable instrument may commence on or before the day it is made (or approved) only if the Legislation Act, section 76 (2) (inserted by another amendment) is displaced by, or under authority given by, an Act.
[2.10]	Section 75 (2)
omit
is taken to have commenced
substitute
commences
Explanatory note
This amendment removes unnecessary words.
[2.11]	Section 75 (2) (b)
omit
are taken to have commenced
substitute
commence
Explanatory note
This amendment removes unnecessary words.
[2.12]	New sections 75A and 75B
insert
75A	Meaning of commences retrospectively
	(1)	An Act or registrable instrument commences retrospectively if it commences on a day or at a time earlier than the day after its notification day.
Note	A reference to an Act or registrable instrument includes a reference to a provision of an Act or registrable instrument (see s 7 (3) and s 12 (2)).
	(2)	A statutory instrument that is not a registrable instrument commences retrospectively if it commences on a day or at a time earlier than the day after the day it is made or, if it is required under an Act or statutory instrument to be approved (however described) by the Executive, a Minister or any other entity, the day after the day it is approved.
75B	Retrospective commencement requires clear indication
	(1)	In this section:
law includes any statutory instrument.
	(2)	A law must not be taken to provide for the law (or another law) to commence retrospectively unless the law clearly indicates that it is to commence retrospectively.
Example
The XYZ Act 2003 was notified on 1 July 2003.  It contains the following provision:
2	Commencement
This Act is taken to have commenced on 17 October 2001.
Section 2 clearly indicates that the Act is to commence retrospectively.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	This section is a determinative provision.
Note	See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
Explanatory note
New section 75A makes it clear what retrospective commencement means.  The language of the section follows the language of the provisions of the Legislation Act about the notification of Acts and registrable instruments and the making and commencement of instruments (see esp s 73 (2) and (4)).
New section 75B states that retrospective commencement requires a clear indication, and provides an example of a clear indication.  The rule in section 75B is a statutory expression of the common law presumption against retrospectivity (see Pearce, D and Geddes, R S (2001), Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, ch 10).  The rule presently appears in section 76 (2) and is limited in its application to section 76 (s 78 (4) presently provides a similar rule for the operation of commencement notices).  The rule restated in section 75B will apply to all the provisions of the Legislation Act (eg s 73 (2) (c) and (d)) and will apply whether or not the relevant law or instrument operates prejudicially.
The amendment will facilitate the operation of the ACT legislation register.  To inform users of the register about what the law is at any time, the register provides information about when a law or instrument, or a particular version of a law or instrument, became effective or ceased to be effective.  In the absence of a general rule about retrospective commencements like the rule presently in the Legislation Act, section 76 (2), it can be difficult to work out whether a retrospective commencement of a registrable instrument is intended or a registrable instrument is simply notified later than the time that was envisaged.  If it is simply notified late, the Legislation Act, section 73 (3) will apply and the instrument will commence on the day after its notification day.
By requiring a clear indication if a retrospective commencement is intended, the amendment will enable questions of that kind to be decided more easily and with greater certainty.  It will also assist in ensuring greater transparency in the operation of laws and instruments. Under the amendment a retrospective commencement with non-prejudicial operation will need to be clearly indicated in the same way as a retrospective commencement with prejudicial operation.
[2.13]	Section 76 (2)
substitute
	(2)	Unless this subsection is displaced by, or under authority given by, an Act, a statutory instrument may not provide that a prejudicial provision of the instrument commences retrospectively.
Example
The Locust Damage Compensation Determination 2003 (a hypothetical disallowable instrument) sets out (among other things) the people who are eligible for compensation under a compensation fund.  Previously, there was no restriction on who was eligible.  The determination provides that it is taken to have commenced on 1 July 2003, but it is not notified until 15 August 2003.  There is nothing in the Act under which the determination is made (or any other Act) that authorises the retrospective commencement.
The provision of the determination that limits who can apply for compensation is a prejudicial provision (ie it adversely affects some people’s right to receive compensation) and cannot commence retrospectively.  Instead, it would commence on the day after the determination’s notification day (see s 73 (3)).
Explanatory note
This amendment makes it clear that a statutory instrument may not provide for the retrospective commencement of a prejudicial provision (defined by another amendment) of the instrument unless under the authority of an Act.  The amendment also adds a new example to further illustrate the operation of the section.
[2.14]	Section 76 (4)
substitute
	(4)	In this section:
non-prejudicial provision means a provision that is not a prejudicial provision.
prejudicial provision means a provision that operates to the disadvantage of a person (other than the Territory or a Territory authority or instrumentality) by—
	(a)	adversely affecting the person’s rights; or
	(b)	imposing liabilities on the person.
Explanatory note
This amendment includes a new definition of prejudicial provision.  The new definition is the converse of the existing definition of non-prejudicial provision, which is as follows:
‘non-prejudicial provision means a provision that does not operate to the disadvantage of a person (other than the Territory or a Territory authority or instrumentality) by—
	(a)	adversely affecting the person’s rights; or
	(b)	imposing liabilities on the person.’.
This amendment also substitutes a new definition of non-prejudicial provision.
[2.15]	New section 79 (1A)
insert
	(1A)	This section applies to a law unless it is displaced by, or under authority given by, an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law.
Explanatory note
This amendment makes it clear that section 79 (which deals with the automatic commencement of postponed laws) can only be displaced under the authority of an Act or, if the postponed law is a subordinate law or disallowable instrument, the postponed law itself.  In other words, section 79 cannot be displaced by a commencement notice, which would not be subject to the Legislative Assembly’s scrutiny and control.
[2.16]	Section 79 (3), definition of postponed law
omit
or provision of a law
Explanatory note
This amendment omits unnecessary words.  Law is defined for chapter 8 (in s 72) to include a provision of a law.
[2.17]	Section 79
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.18]	Section 88 (1), example for paragraph (a)
substitute
Examples for par (a)
1	a provision stating that an existing licence under a repealed Act is taken to be a licence of a particular kind under another Act and authorising the imposition of conditions under the other Act
2	a provision stating that a provision applies to certain applications made before the commencement of an amendment or only to applications made after the commencement of an amendment
Explanatory note
This amendment includes an additional example of a common transitional provision, namely, a provision dealing with the application of amendments.
[2.19]	Section 89 (6)
substitute
	(6)	If an instrument making, or evidencing, an appointment (including an acting appointment) is a registrable instrument, the instrument is automatically repealed—
	(a)	on the day the appointment ends; or
	(b)	if the instrument makes 2 or more appointments that end on different days—on the day the last-ending appointment ends.
Explanatory note
This amendment makes it clear that, if an instrument makes 2 or more appointments that end on different days, the instrument is repealed when the last-ending appointment ends.
[2.20]	New section 89 (7A)
insert
	(7A)	If apart from this subsection a law or instrument would be automatically repealed on a day that is earlier than its notification day, the law or instrument is instead automatically repealed on the day after its notification day.
Explanatory note
This amendment applies to the rare case where all of the provisions of a law or instrument to which this section applies commence retrospectively.  Without this amendment, the automatic repeal would happen before notification day, which is potentially confusing.  This amendment means that the earliest that an automatic repeal can happen is the day after the relevant notification day.
[2.21]	Section 89 (10), definition of amending law, new example
insert
Example for par (e)
an objects provision
Explanatory note
This amendment includes a new example to make it clear that a provision about the purposes of a law or provision includes an objects provision.
[2.22]	Section 89 (10), definition of amending provision
substitute
amending provision, of a law, means a provision of the law that only amends or repeals a law or statutory instrument, and includes—
	(a)	any other provision (for example, a schedule) of the law that only identifies the law or instrument amended or repealed; and
	(b)	any other provision (for example, a part heading) of the law that only identifies (or groups) provisions that are amended or repealed.
Explanatory note
This amendment extends the provisions that are automatically repealed to include provisions that identify or group provisions that are amended or repealed.  The following amendment provides an example.
[2.23]	Section 89, new example
insert
Example 3 for s 89—see s (10), def amending provision
The Plant Diseases Act 2003 (hypothetical), part 6 is as follows:
Part 6	Repeals and consequential amendment
42	Repeal of Plant Diseases Act 1934
The Plant Diseases Act 1934 No 21 A1934-21 is repealed.
43	Repeal of Plant Diseases Regulations 1938
The Plant Diseases Regulations 1938 (made on 11 February 1938) are repealed.
44	Administrative Decisions (Judicial Review) Act 1989, schedule 1, new clause 6 
insert
6	This Act does not apply to decisions of the Minister under the Plant Diseases Act 2003, part 3 (Measures for the control of diseases and pests).

Under the definition of amending provision, the heading to part 6, as well as the contents of part 6, are automatically repealed under section 89.
Explanatory note
This amendment inserts a new example for section 89.  It illustrates the operation of the new definition of amending provision.  The definition was amended by the previous amendment.
[2.24]	Section 89
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.25]	Section 99 (1) (b)
substitute
	(b)	the year when it was enacted and its number, together with a reference (if necessary) to indicate that it is an Act.
Example of reference to indicate Act
an Act may be referred to using the word Act or the letter ‘A’ eg ‘A1993-1’ is a reference to Act No 1 of 1993
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment clarifies the way in which an Act may be referred to.  The example follows the practice used on the ACT legislation register to refer to Acts.
[2.26]	Section 100 (1), new examples
insert
Examples of references to kind of instrument for par (b)
1	a subordinate law may be referred to using the letters ‘SL’ (eg ‘SL2000-11’ is a reference to subordinate law No 11 of 2000)
2	a disallowable instrument may be referred to using the letters ‘DI’ (eg ‘DI1997-101’ is a reference to disallowable instrument No 101 of 1997)
3	a notifiable instrument that is not an approved form may be referred to using the letters ‘NI’ (eg ‘NI2002-226’ is a reference to notifiable instrument No 226 of 2002)
4	an approved form may be referred to using the letters ‘AF’ (eg ‘AF2003-1’ is a reference to approved form No 1 of 2003)
5	a commencement notice may be referred to using the letters ‘CN’ (eg ‘CN2002-3’ is a reference to commencement notice No 3 of 2002)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment adds examples to section 100 (1) to illustrate how statutory instruments may be referred to.  The examples follow the practice used on the ACT legislation register to refer to registrable instruments.
[2.27]	New section 102 (2A)
insert
	(2A)	This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).
Explanatory note
This amendment makes it clear that section 102 is subject to section 47.
[2.28]	Section 102
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.29]	Section 116 (1) (l)
substitute
	(l)	omits, inserts or changes a referential term; or
Explanatory note
This amendment brings the paragraph into line with current drafting practice by using ‘term’ instead of ‘expression’.
[2.30]	New section 126 (2A)
insert
	(2A)	A preamble or other recital to an Act or statutory instrument is part of the Act or instrument.
Explanatory note
This amendment provides that a preamble or other recital is part of an Act or statutory instrument.  This is the current position in Australia (see Pearce, D and Geddes, R S (2001), Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, par 1.27 and par 4.39).
[2.31]	Section 126
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.32]	Section 130 (a) and (b)
substitute
	(a)	gives a meaning to a term; or
	(b)	limits or extends the meaning of a term.
Explanatory note
This amendment brings the section into line with current drafting practice by using ‘term’ instead of ‘word or expression’.
[2.33]	Section 130, example 8
substitute
8	excluded—a claim is excluded if the claim is not brought within 1 year after the day the claimant becomes aware of the failure to account to which the claim relates.
Explanatory note
This amendment brings the example into line with current drafting practice by adding ‘the day’ after ‘after’.
[2.34]	Section 130, example 9 and note 1
substitute
9	A term used in the XYZ Act 2003 has the same meaning in this Act.
10	A term defined in the XYZ Act 2003 has the same meaning in this Act.
Note 1	Examples 5 and 6 illustrate signpost definitions, that is, definitions that do not themselves directly define a term but point the reader to the place where the term is defined (see s 131).
Explanatory note
This amendment brings the example and note into line with current drafting practice, including using ‘term’ instead of ‘word’ and ‘expression’.  The amendment also inserts new example 10, a variation of example 9.
[2.35]	Section 131 (1)
substitute
	(1)	In an Act or statutory instrument, a definition of a term that includes the word ‘see’ followed by a reference to a law or instrument means the term has the same meaning as the term (or, if the reference includes a reference to the definition of another term, that term) has in the law or instrument, as in force from time to time.
Explanatory note
This amendment brings the subsection into line with current drafting practice by using ‘term’ instead of ‘word or expression’.
[2.36]	New section 131 (1A)
insert
	(1A)	This section is subject to section 47 (Statutory instrument may make provision by applying law or instrument).
Explanatory note
This amendment makes it clear that section 131 is subject to section 47.
[2.37]	Section 131
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.38]	Section 144 heading
substitute
144	Meaning of commonly-used terms
Explanatory note
This amendment brings the heading into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.
[2.39]	Section 146 (1) and (2)
omit
word or expression
substitute
term
Explanatory note
This amendment brings the subsections into line with current drafting practice by using ‘term’ instead of ‘word or expression’.
[2.40]	Section 148
omit
Words and expressions
substitute
Terms
Explanatory note
This amendment brings the section into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.
[2.41]	Section 151 (1)
substitute
	(1)	This section applies if a period of 1 day or longer is provided or allowed for a purpose by an Act or statutory instrument.
Explanatory note
This amendment makes it clear that section 151 only applies to periods of 1 day or longer, not to periods of, for example, a few hours.
[2.42]	Section 156 (1), note
substitute
Note 1	See s 144 (Meaning of commonly-used terms) for the application of the definitions in this Act, dict, pt 1.
Note 2	Section 148 (Terms used in instruments have same meanings as in authorising laws) provides that terms used in a statutory instrument have the same meaning as they have in the Act or statutory instrument under which the statutory instrument is made.
Explanatory note
This amendment of the note (now note 1) is consequential on the amendment of the heading to section 144 by an earlier amendment.
New note 2 refers readers to section 148.
[2.43]	Section 157
omit
word or expression
substitute
term
Explanatory note
This amendment brings the section into line with current drafting practice by using ‘term’ instead of ‘word or expression’.
[2.44]	Section 164
substitute
164	References to Australian Standards etc
	(1)	In an Act or statutory instrument, a reference consisting of the words ‘Australian Standard’ or ‘AS’ followed by a number is a reference to the standard so numbered published by or on behalf of Standards Australia.
	(2)	In an Act or statutory instrument, a reference consisting of the words ‘Australian/New Zealand Standard’ or ‘AS/NZS’ followed by a number is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and Standards New Zealand.
Examples for s 164
1	AS 4608-1999
2	AS/NZS 4906: 1994
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment updates this section to deal with the abbreviation ‘AS’ and joint Australian/New Zealand Standards (or ‘AS/NZS’).
[2.45]	Section 179 (1)
omit
expression
substitute
term
Explanatory note
This amendment brings the subsection into line with current drafting practice by using ‘term’ instead of ‘expression’.
[2.46]	Section 182
substitute
182	Meaning of law in ch 17
In this chapter:
law means an Act or statutory instrument, and includes a provision of a law.
Explanatory note
This amendment includes all statutory instruments in the definition of law for chapter 17 (Entities and positions).  This means that the provisions of the chapter will apply to entities and positions established by statutory instruments that are not subordinate laws or disallowable instruments.  For example, the chapter will apply to entities and positions established by notifiable instruments, eg notifiable instruments under the Public Sector Management Act 1994, section 13 (Constitution of administrative units).
[2.47]	Section 183 (3)
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of law in section 182.
[2.48]	Section 185
omit
an Act or statutory instrument
substitute
a law
Explanatory note
This amendment is consequential on the revised definition of law in section 182.
[2.49]	Section 186 (3)
omit
or instrument
Explanatory note
This amendment is consequential on the revised definition of law in section 182.
[2.50]	New section 190 (1A)
insert
	(1A)	An indictable offence includes an indictable offence that is or may be dealt with summarily.
Explanatory note
This amendment clarifies the scope of the meaning of indictable offence by expressly providing that an indictable offence includes an indictable offence that is or may be dealt with summarily.
[2.51]	Section 190
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[2.52]	Division 19.3.1 heading
substitute
Division 19.3.1	Appointments—general
Explanatory note
This amendment changes the division heading to better reflect the division’s contents.
[2.53]	Section 231 (2) and note
substitute
	(2)	However, if the appointer delegates a function to a delegate, the delegate may not subdelegate the function.
Explanatory note
This amendment recasts subsection (2) to make it clearer, and removes the note which is turned into examples by the next amendment.
[2.54]	Section 231 (3)
substitute
	(3)	Subsection (2) is a determinative provision.
Examples
1	The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y.  The Act is silent on the subdelegation of the functions.  Y may not subdelegate X’s functions to Z.
2	The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for Y to subdelegate those functions.  Because the Act authorises subdelegation, it expressly displaces this Act, section 231 (2) (see s 6).  Y can therefore subdelegate X’s functions to Z (compare s 236, which deals with the subdelegation of a power to delegate).
Note 1	See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment inserts examples to illustrate the operation of the section.
[2.55]	Section 236
substitute
236	Power to delegate may not be delegated
	(1)	The appointer may not delegate the appointer’s power to delegate.
	(2)	Subsection (1) is a determinative provision.
Note	See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
Examples
1	The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y.  The Act is silent on X’s power to delegate the power to delegate.  X may not delegate X’s power to delegate to Y.
2	The ABC Act 2003 provides that an appointer (X) may delegate X’s functions to Y, with authority for X to delegate X’s power to delegate.  Because the Act authorises the delegation of the power to delegate, it expressly displaces this Act, section 236 (1) (see s 6).  X can therefore delegate X’s power to delegate to Y (compare s 231, which deals with the subdelegation of a delegated function).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment removes existing subsection (2), which overlapped with existing subsection (1), and turns the note into examples to better illustrate the operation of the section.
[2.56]	Section 239 (4)
omit
by
substitute
by or in relation to
Explanatory note
This amendment adds ‘or in relation to’ to make it clear that things done in relation to the delegate (eg the service of notice on the delegate) are taken to have been done in relation to the appointer (ie the notice is taken to have been served on the appointer).
[2.57]	New section 310A
insert
310A	Application of s 89 to registrable instrument
	(1)	Section 89 (Automatic repeal of certain laws and provisions) applies to a registrable instrument, whenever it was made.
	(2)	This section expires on 12 September 2004.
Explanatory note
This amendment makes it clear that the automatic repeal provisions of section 89 apply to registrable instruments whenever they were made.  The amendment will ensure that, as registrable instruments are backcaptured on the ACT legislation register, clearly spent instruments will be included with the repealed instruments and will not clutter up the instruments currently in force.
[2.58]	New section 316
insert
316	Delegations under Administration Act 1989
	(1)	To remove any doubt, if a delegation was in force under the Administration Act 1989 immediately before its repeal, the delegation is taken to have had effect after the repeal as if it were a delegation under this Act, section 254A (Delegation by Minister).
	(2)	This section is in addition to the Legislation Amendment Act 2002, section 31 (2).
	(3)	This section expires on 12 September 2004.
Explanatory note
The Administration Act 1989 was repealed by the Legislation Amendment Act 2002, section 31 (1).  Section 31 (2) provided that the Administration Act 1989 was a law to which the Legislation Act, section 88 (Repeal does not end transitional or validating effect etc) applies.
Section 31 (2) preserved the effect of the delegations made under the Administration Act 1989, section 5.  However, to remove any doubt, this amendment confirms that the delegations have effect as if they had been made under section 254A.  The amendment also makes the relevant transitional provision easier to find, in line with current drafting practice.  Section 31 (2) was in an amending Act, which is not as easy to find as a provision in a principal Act.  Current drafting practice is to put savings and transitional provisions into principal Acts.
[2.59]	Schedule 1, part 1.1, item about Innkeepers Liability Act 1902
omit
Explanatory note
This amendment omits an Act that has been repealed from the list of former NSW and UK Acts still in force in the ACT.
[2.60]	Schedule 1, part 1.1
renumber items when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of items.
[2.61]	Dictionary, part 1, heading and note
substitute
Part 1	Meaning of commonly-used terms
(see s 144)
Note	Terms that are defined only for this Act are set out in pt 2.
Explanatory note
This amendment brings the heading and note into line with current drafting practice by using use ‘terms’ instead of ‘words and expressions’.
[2.62]	Dictionary, part 1, definition of building society
substitute
building society means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
	(a)	the term ‘building society’; or
	(b)	any other term (whether or not in English) similar in meaning.
Explanatory note
This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘expression’ and simplifies its language.
[2.63]	Dictionary, part 1, definition of credit union
substitute
credit union means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
	(a)	the term ‘credit union’; or
	(b)	any other term (whether or not in English) similar in meaning.
Explanatory note
This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘expression’ and simplifies its language.
[2.64]	Dictionary, part 1, definition of document
omit
includes
substitute
means any record of information, and includes
Explanatory note
This amendment brings the definition of document more closely into line with the definition of document in the Evidence Act 1995 (Cwlth), dictionary, part 1.
[2.65]	Dictionary, part 1, definition of indictable offence
substitute
indictable offence—see section 190.
Explanatory note
This amendment is consequential on the amendment of section 190 by an earlier amendment.
[2.66]	Dictionary, part 1, new definition of insolvent under administration
insert
insolvent under administration means—
	(a)	a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the corresponding provisions of the law of an external Territory or foreign country; or
	(b)	a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part 9 (Debt agreements), or the corresponding provisions of the law of an external Territory or foreign country, if the debt agreement has not ended or been terminated; or
	(c)	a person who has signed a deed of arrangement or assignment under the Bankruptcy Act 1966 (Cwlth), part 10 (Arrangements with creditors without sequestration), or the corresponding provisions of the law of an external Territory or foreign country, if the terms of the deed have not been fully complied with; or
	(d)	a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part 10, or the corresponding provisions of the law of an external Territory or foreign country, if a final payment has not been made under the composition.
Explanatory note
This amendment inserts a new definition of insolvent under administration based substantially on the definition in the Corporations Act 2001 (Cwlth).
[2.67]	Dictionary, part 1, definition of summary offence
substitute
summary offence—see section 190.
Explanatory note
This amendment is consequential on the amendment of section 190 by an earlier amendment.
[2.68]	Dictionary, part 1, definition of working day
substitute
working day means a day that is not—
	(a)	a Saturday or Sunday; or
	(b)	a public holiday in the ACT under the Holidays Act 1958.
Explanatory note
This amendment brings the definition of working day more closely into line with the definition of business day, a related term.
[2.69]	Dictionary, part 2, heading and note
substitute
Part 2	Terms for Legislation Act 2001 only
Note	Terms that apply to all Acts and statutory instruments are set out in pt 1.
Explanatory note
This amendment brings the heading and note into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’.
[2.70]	Dictionary, part 2, definition of appointee, paragraph (a)
substitute
	(a)	for division 19.3.1 (Appointments—general)—see section 207 (2); and
Explanatory note
This amendment is consequential on another amendment that changes the heading to division 19.3.1.
[2.71]	Dictionary, part 2, definition of appointer, paragraph (a)
substitute
	(a)	for division 19.3.1 (Appointments—general)—see section 205; and
Explanatory note
This amendment is consequential on another amendment that changes the heading to division 19.3.1.
[2.72]	Dictionary, part 2, definition of referential words
substitute
referential term means a term that identifies a provision as a provision, or part of a provision, of the Act, statutory instrument or provision in which it appears.
Examples
1	of this Act
2	of this section
3	hereof
4	said
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment brings the definition into line with current drafting practice by using ‘term’ instead of ‘words’.
[2.73]	Dictionary, part 2, new definition of retrospectively
insert
retrospectively, for the commencement of legislation—see section 75A (Meaning of commences retrospectively).
Explanatory note
This amendment is consequential on another amendment that inserts new section 75A.

Schedule 3	Technical amendments
(see s 5)
Part 3.1	ACTEW/AGL Partnership Facilitation Act 2000
[3.1]	Section 7
omit
in addition to, and not in derogation of,
substitute
additional to, and do not limit,
Explanatory note
This amendment updates language.
[3.2]	Section 13 (1) (a)
after
are vested in
insert
a
Explanatory note
This amendment inserts a missing word.
[3.3]	Section 14 (2)
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,
Explanatory note
This amendment updates language.
[3.4]	Section 16 (1)
substitute
	(1)	The Minister, or a person appointed by the Minister, may certify in writing that an asset, right or liability mentioned in the certificate has vested under section 11 or section 13 in a person mentioned in the certificate.
Note	For the making of appointments (including acting appointments), see Legislation Act, 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, section 206 provides that an appointment must be made, or evidenced, in writing.  This amendment also inserts a standard note about appointments.
[3.5]	Section 18 (3)
omit
in addition to, and not in derogation of,
substitute
additional to, and does not limit,
Explanatory note
This amendment updates language.
[3.6]	Section 36
substitute
36	Regulation of prices, access and other matters
	(1)	In this section:
commencement means 6 April 2000.
ICRC Act means the Independent Competition and Regulatory Commission Act 1997.
	(2)	A price direction under the ICRC Act, section 20 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the price direction were a reference to ACTEW, AGL and the joint venture entity that provides the service to which the price direction relates.
	(3)	An access agreement registered under the ICRC Act, part 5 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the agreement were a reference to ACTEW, AGL and the joint venture entity that owns, controls or operates the infrastructure facility to which the access agreement relates.
	(4)	A determination under the ICRC Act, section 35 in effect on the commencement applies to the joint venture entities as if a reference to ACTEW or AGL in the determination were a reference to ACTEW, AGL and the joint venture entity that provides the service the access for which is the subject of the determination.
Explanatory note
This amendment brings the language and structure of the section more closely into line with current drafting practice.
[3.7]	Dictionary, new notes
insert
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:
·	asset
·	corporation
·	entity
·	exercise
·	function
·	law, of the Territory
·	notifiable instrument (see s 10)
·	property
·	State
·	the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
Part 3.2	Administration (Interstate Agreements) Act 1997
[3.8]	Section 1
substitute
1	Name of Act
This Act is the Administration (Interstate Agreements) Act 1997.
Explanatory note
This amendment brings the naming section into line with current drafting practice.
[3.9]	Section 4, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.10]	Section 4, remainder
substitute
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.
Explanatory note
This amendment inserts a standard dictionary provision and a standard provision explaining the status of notes.
[3.11]	New dictionary
insert
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.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.3	Artificial Conception Act 1985
[3.12]	Section 1
substitute
1	Name of Act
This Act is the Artificial Conception Act 1985.
Explanatory note
This amendment brings the naming section into line with current drafting practice.
[3.13]	Section 2, definition of adoptive parent
substitute
adoptive parent—see the Adoption Act 1993, including especially section 4 (3).
Explanatory note
This amendment brings the definition into line with current drafting practice.
[3.14]	Section 2, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment
[3.15]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘adoptive parent—see the Adoption Act 1993, including especially section 4 (3).’ means that the term ‘adoptive parent’ is defined in that Act and the definition applies to this Act.
Note 3	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, 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, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard provision explaining the status of notes.
[3.16]	Section 3 (2)
omit
and includes
Explanatory note
This amendment corrects a minor drafting error.
[3.17]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	disallowable instrument (see s 9)
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	Supreme Court
·	the Territory.
associated person, in relation to a parentage order, for division 3.4 (Access to information)—see section 19.
birth parent, of a prescribed child, for division 3.4 (Access to information)—see section 19.
husband—see section 3.
identifying information, in relation to a parentage order for division 3.4 (Access to information)—see section 19.
married woman—see section 3.
wife—see section 3.
Explanatory note
This amendment inserts a dictionary, signpost definitions (in line with current drafting practice) and standard dictionary notes.
Part 3.4	Charitable Collections Act 2003
[3.18]	Section 20 (1)
omit 
(a primary offence)
Explanatory note
This amendment omits unnecessary words.
Part 3.5	Children and Young People Act 1999
[3.19]	Section 1
substitute
1	Name of Act
This Act is the Children and Young People Act 1999.
Explanatory note
This amendment brings the naming section into line with current drafting practice.
[3.20]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act 1989, section 3 (1).’ means that the term ‘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, s 155 and 156).
3	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.
Explanatory note
This amendment brings the dictionary provision into line with current drafting practice and includes a standard provision explaining the status of notes.
[3.21]	Section 9
omit
and powers
Explanatory note
This amendment omits unnecessary words.  The Legislation Act, dictionary, pt 1 defines function to include power and defines exercise a function to include perform the function.
[3.22]	Section 17 (1), definition of parental responsibility
substitute
parental responsibility, for a child or young person, means all the duties, powers and responsibilities parents ordinarily have by law in relation to their children.
Note	Power includes authority (see Legislation Act, dict, pt 1).
Explanatory note
This amendment omits an unnecessary word.  The Legislation Act, dictionary, pt 1 defines power to include authority.
[3.23]	Section 23 (3)
omit
appoint
substitute
give leave for
Explanatory note
This amendment brings the subsection into line with subsection (2), which provides that a person may only be a litigation representative for a child or young person with leave of the court.
[3.24]	Section 26
omit everything before paragraph (a), substitute
26	Chief executive’s functions
The chief executive has the following functions:
Explanatory note
This amendment updates a section heading consequential on the omission of subsection (2) by another amendment.
[3.25]	Section 26 (2)
substitute
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, s 196 and dict, pt 1, def entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, 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.  The amendment also inserts a standard note about the power to exercise functions.
[3.26]	Section 34
substitute
34	Delegation by chief executive
The chief executive may delegate the chief executive’s functions under this Act or an interstate law to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision by removing the words ‘in writing’ because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing.
‘Function’ is used instead of ‘power’ because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power and is the drafting term used now.
A standard note about delegations is also added.
[3.27]	Section 36 (1), new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.28]	Section 39 heading
substitute
39	Ending of appointments
Explanatory note
This amendment updates the heading, in line with current drafting practice.
[3.29]	Section 39, new note
insert
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment inserts a standard note about resignation of an appointment.
[3.30]	Section 41 (2), new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.31]	Section 41 (4)
omit
Explanatory note
This amendment omits an unnecessary subsection that dealt with resignation. The Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.
[3.32]	Section 41 (5), new note
insert
Note 	The official visitor’s appointment also ends if the official visitor resigns (see Legislation Act, s 210).
Explanatory note
This amendment inserts a note because of the omission of section 41 (4) by another amendment.
[3.33]	Section 41
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.34]	Section 48
substitute
48	Appointment of officers
	(1)	The chief executive may appoint a public servant as an officer for this Act.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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, immediately before the commencement of this section, the duties of an office in the public service included exercising the functions of an officer, then, until the chief executive makes an appointment under subsection (1) in relation to the office or the duties of the office cease to include exercising the functions of an officer, a public servant for the time being exercising the duties of the office is an officer.
	(3)	Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(4)	Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain offices.  The Legislation Act, 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.
The amendment includes transitional arrangements that operate until new appointments are made.
Standard notes about appointments are also inserted.
[3.35]	Section 51 (1) (b) (ii)
substitute
	(ii)	cannot exercise the functions of the Childrens Court Magistrate for another reason.
Explanatory note
This amendment changes a reference to ‘duties’ to ‘functions’.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.  Exercise a function is also defined there to include perform the function.
[3.36]	Part 6.1 heading
substitute
Part 6.1	Interpretation for chapter 6
Explanatory note
This amendment substitutes a more specific part heading.
[3.37]	Part 6.2 heading
substitute
Part 6.2	Dealing with young offenders in ACT
Explanatory note
This amendment substitutes a heading that better reflects the contents of the part.
[3.38]	Division 6.2.1 heading
substitute
Division 6.2.1	General provisions for part 6.2
Explanatory note
This amendment substitutes a more specific division heading.
[3.39]	Section 79 (2) (a)
substitute
	(a)	unless 1 of the following adults (who is not a police officer) is present:
	(i)	a person with parental responsibility for the young person;
	(ii)	a relative of the young person acceptable to the young person;
	(iii)	a lawyer acting for the young person or some other suitable person acceptable to the young person; or
Explanatory note
This amendment revises the paragraph to bring its structure into line with current drafting practice.
[3.40]	Section 85 heading
substitute
85	Detention of young people generally
Explanatory note
This amendment is consequential on another amendment that inserts a new section 85A.
[3.41]	Section 85 (5)
omit
Explanatory note
This amendment is consequential on another amendment that inserts a new section 85A.
[3.42]	New section 85A
insert
85A	Taking young person to and from court
	(1)	This section applies if a young person is detained at a place and it is necessary to take the young person—
	(a)	from the place to a court; or
	(b)	from a court to the place.
	(2)	The young person must not be taken with an adult under detention unless it is impracticable to avoid doing so.
	(3)	The young person must not be taken to the court and placed in a room in which an adult is placed unless it is impracticable to avoid doing so.
Explanatory note
This amendment remakes section 85 (5) as section 85A to bring it structurally more closely into line with current drafting practice.
[3.43]	Section 88 (2) and (3)
omit
a court
substitute
the Childrens Court
Explanatory note
This amendment changes the references to ‘a court’ to bring the subsections into line with section 88 (1).  That subsection presently refers to ‘the court’ (defined in the dictionary to mean the Childrens Court).  Another amendment changes the reference to ‘court’ in section 88 (1) to state the full name of the Childrens Court, in line with current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.44]	Section 89 (1)
substitute
	(1)	Subject to this section and section 91 (Young person may elect to be committed for trial), the Childrens Court may hear and decide a charge against a young person summarily if—
	(a)	the charge is an indictable offence; and
	(b)	the court is of the opinion that the case can properly be disposed of summarily.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the provision to bring it more closely into line with current drafting practice.
[3.45]	Section 90
substitute
90	Committal for trial in certain cases
	(1)	This section applies if a young person is charged before the Childrens Court with an indictable offence.
	(2)	The Childrens Court must deal with the charge in accordance with the provisions of the Magistrates Court Act 1930 relating to indictable offences if—
	(a)	the court has no power to hear and decide the charge summarily; or
	(b)	the court has the power, but decides not to hear and decide the charge summarily.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure and language of the provision to bring them more closely into line with current drafting practice.
[3.46]	Section 98
substitute
98	Disposition without proceeding to conviction
	(1)	This section applies if the Childrens Court is satisfied that a charge against a young person is proved but, having regard to the relevant criteria, the court is of the opinion that it should not proceed to a conviction.
	(2)	The Childrens Court must, as soon as practicable but in any event within 6 months—
	(a)	dismiss the charge; or
	(b)	even though no conviction is entered, make 1 or more of the orders mentioned in section 96 (1) (a), (b), (f), (g) or (h) (which is about the disposition of young offenders).
	(3)	In this section:
relevant criteria means the following:
	(a)	the welfare of the young person;
	(b)	the facts of the case;
	(c)	the seriousness of the offence;
	(d)	the circumstances in which the offence was committed;
	(e)	the age of the young person;
	(f)	the apparent maturity of the young person;
	(g)	the apparent mental capacity of the young person;
	(h)	the health of the young person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also brings the structure of the section more closely into line with current drafting practice.
[3.47]	Section 103
substitute
103	Breach of certain orders for reparation or compensation
	(1)	This section applies if—
	(a)	an order for reparation or compensation is made under section 96 (1) (f) (Disposition of young offenders) in relation to a young offender in favour of a person other than the Territory; and
	(b)	the young person in relation to whom the order is made fails to obey the order.
	(2)	The Childrens Court may, at any time, by order served on the young person or on a person with parental responsibility for the young person, direct that the young person appear before the court at the time and place stated in the order.
	(3)	If the young person does not appear before the Childrens Court as directed, the court may issue a warrant for the apprehension of the young person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the section to bring it more closely into line with current drafting practice.
[3.48]	Section 104 (1)
omit
a court
substitute
the Childrens Court
Explanatory note
This amendment changes a reference to ‘a court’ to bring the subsection into line with section 104 (2) and (3).  Those subsections presently refer to ‘the court’ (defined in the dictionary to mean the Childrens Court).  Another amendment changes the references to ‘court’ in section 104 (2) and (3) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.49]	Section 105 (2) (b)
omit
this section
substitute
section 105A
Explanatory note
This amendment is consequential on another amendment to insert a new section 105A.
[3.50]	Section 105 (3) and (4)
omit
Explanatory note
This amendment is consequential on another amendment to insert a new section 105A.
[3.51]	New section 105A
insert
105A	Issue of warrant to enter and inspect
	(1)	This section applies if an information on oath is laid before a magistrate—
	(a)	alleging that there are reasonable grounds for suspecting that—
	(i)	a young person who is the subject of a probation order is living on premises other than with a person who has parental responsibility for the young person; and
	(ii)	it is necessary in the interests of the young person for the premises to be inspected and to meet and talk with the person; and
	(b)	setting out those grounds.
	(2)	The magistrate may issue a search warrant authorising the supervisor of a young person, with reasonable and necessary assistance and force, to enter the premises—
	(a)	to inspect the premises; and 
	(b)	to meet and talk with the young person on the premises.
	(3)	However, a magistrate must not issue a warrant under this section unless—
	(a)	the informant or someone else has given to the magistrate, either orally or by affidavit, any further information the magistrate requires about the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
Explanatory note
This amendment inserts a new section to remake section 105 (3) and (4) and bring their structure more closely into line with current drafting practice.
[3.52]	Section 139 (2) (a)
substitute
	(a)	a police officer; or
Explanatory note
This amendment changes the reference to a member of the police force to police officer, which is defined in the Legislation Act, dictionary, part 1 to mean a member or special member of the Australian Federal Police.
[3.53]	Section 146 (8) (b) (ii)
substitute
	(ii)	a police officer of the sending State;
Explanatory note
This amendment changes a reference to a member of the police force to police officer, in line with current drafting practice.
[3.54]	Section 159 (1) (b)
substitute
	(b)	a dentist; or
Explanatory note
This amendment updates a reference to ‘dentist’ which is now defined in the Legislation Act, dictionary, part 1.
[3.55]	Section 163 (3) (b)
omit
a duty, function or power
substitute
a function
Explanatory note
Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.  Exercise a function is also defined there to include perform the function.  
[3.56]	Section 166 (1)
omit
, in writing,
Explanatory note
This amendment omits unnecessary words.  The Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing. 
[3.57]	Section 166 (1), new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 inserts standard notes about appointments.
[3.58]	Section 174 (3)
substitute
	(3)	This division does not prevent the chief executive from taking action under another division of this part or under part 7.3 (Care and protection orders and emergency action) in relation to a child or young person.
Explanatory note
This amendment clarifies the application of section 174 (3) by changing the reference to part 7.2 to other divisions of part 7.2.  Section 174 is in division 7.2.1.
[3.59]	Section 175 (1)
substitute
	(1)	This section applies if—
	(a)	a conference has resulted in a signed agreement in relation to a child or young person; and
	(b)	the agreement proposes that parental responsibility for the child or young person—
	(i)	be transferred from a person to someone else (other than the chief executive); or 
	(ii)	be shared with a person (other than the chief executive) who would not otherwise have it.
Note	If a form is approved under s 416A for an agreement, the form must be used.
	(1A)	The chief executive may apply to the Childrens Court to register the signed agreement.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of subsection (1) to bring it more closely into line with current drafting practice.
[3.60]	Section 175
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.61]	Section 192 (1) and (2)
omit
commissioner of police
substitute
chief police officer
Explanatory note
This amendment changes ‘commissioner of police’ to ‘chief police officer’ in accordance with current drafting practice.  The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.
[3.62]	Section 196 (3)
omit
court’s
substitute
Childrens Court’s
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.63]	Section 204
omit 1st mention of
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to the first mention of the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.64]	Section 205 heading
substitute
205	When Childrens Court may make interim protection order
Explanatory note
This amendment updates the section heading and is consequential on the changes to references to the court to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.65]	Section 205A heading
substitute
205A	When Childrens Court may make final protection order
Explanatory note
This amendment updates the section heading and is consequential on the changes to references to the court to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.66]	Section 214 (4)
substitute
	(4)	However, the Childrens Court may extend or vary an order only if—
	(a)	the effect of the extension or variation does not make the total period of the order extended or varied (including any extension, whether under subsection (3) (d) or otherwise) longer than the relevant period; or 
	(b)	the court is satisfied that there are exceptional circumstances that justify the extension or variation.
	(5)	In subsection (4):
relevant period means—
	(a)	in relation to an assessment order or therapeutic protection order—8 weeks; or
	(b)	in any other case—18 weeks.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of section 214 (4), in line with current drafting practice.
[3.67]	Section 221
omit
The court
substitute
The Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.68]	Section 248 (2) (c) (i)
substitute
	(i)	the chief police officer; and
Explanatory note
This amendment changes ‘commissioner of police’ to ‘chief police officer’ in accordance with current drafting practice.  The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.
[3.69]	Section 248 (5)
substitute
	(5)	If the Childrens Court gives a direction for service by a police officer, the chief police officer must, when requested to do so by the registrar, arrange for the document to be served by a police officer.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
This amendment also changes ‘commissioner of police’ to ‘chief police officer’ in accordance with current drafting practice.  The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT. 
[3.70]	Section 260 (2) (b)
substitute
	(b)	an order giving parental responsibility for the day-to-day and long-term care, welfare and development of the child or young person to the proposed carer while the order is in force.
Explanatory note
This amendment revises the language of the paragraph to bring it more closely into line with current drafting practice.
[3.71]	Section 267 (1)
substitute
	(1)	This section applies if, under a final care and protection order in force for a period longer than 6 months in relation to a child or young person—
	(a)	the chief executive has parental responsibility for the child or young person; or
	(b)	the child or young person is subject to the supervision of the chief executive.
	(1A)	The chief executive must give a report under this section to each of the following people:
	(a)	the child or young person;
	(b)	each person with parental responsibility for the child or young person;
	(c)	a carer caring for the child or young person;
	(d)	the community advocate;
	(e)	the Childrens Court.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the section to bring it more closely into line with current drafting practice.
[3.72]	Section 267 (5)
omit
subsection (1) (c), (d) or (e)
substitute
subsection (1A) (a), (b) or (c)
Explanatory note
This amendment is consequential on the previous amendment.
[3.73]	Section 267
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.74]	Section 268 (1)
substitute
	(1)	The chief executive may apply to the Childrens Court for an order waiving the need to comply with section 267 (1A) in relation to someone mentioned in section 267 (1A) (a), (b) or (c) if—
	(a)	the chief executive considers that to give the report to the person would not be in the best interests of the child or young person; or
	(b)	the person cannot be found after reasonable inquiries.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the subsection to bring it more closely into line with current drafting practice, and updates cross-references consequentially on amendments of section 267.
[3.75]	Section 268 (6)
substitute
	(6)	An application under subsection (1) may be heard in the absence of a party.
Explanatory note
This amendment brings the language of the subsection more closely into line with current drafting practice by substituting a plain English expression for the Latin ex parte.
[3.76]	Section 269 (1)
substitute
	(1)	The community advocate may apply to the Childrens Court for an order requiring the chief executive to give a report to a person to whom a report is required to be given under section 267 if the chief executive has not—
	(a)	given the report in accordance with the section; and
	(b)	obtained an order waiving the requirement to give the report to the person.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the subsection to bring it more closely into line with current drafting practice.
[3.77]	Section 269 (4)
substitute
	(4)	The Childrens Court may extend the period of a final care and protection order so that it ends not more than 1 month after the day the order is made if—
	(a)	the court orders the chief executive to give a report in relation to the final care and protection order; and
	(b)	the final care and protection order ends within a month after the day the order is made.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the subsection, in line with current drafting practice, and brings the language of the subsection more closely into line with section 269 (3).
[3.78]	Section 271 heading
substitute
271	Childrens Court’s power in relation to child or young person taken into safe custody
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.79]	Section 271
omit
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.80]	Section 273 heading
substitute
273	Childrens Court may inform itself of child’s or young person’s wishes
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.81]	Section 273
omit
The court
substitute
The Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.82]	Section 279
substitute
279	Hearing of applications in party’s absence
If someone makes an application under this part, the person may, at the same time, seek the leave of the Childrens Court to have the application heard in the absence of any other party.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
This amendment also brings the language of the subsection more closely into line with current drafting practice by substituting a plain English expression for the Latin ex parte.
[3.83]	Section 282
substitute
282	Joining parties—court initiated
	(1)	If, in a proceeding on an application under this part, the Childrens Court is satisfied that it should make an order binding on or affecting someone who is not a party to the proceeding, the court may join that person as a party to the proceeding.
	(2)	However, the court must allow the person a reasonable opportunity to make representations to the court about why the order should not be made—
	(a)	before making the order; or
	(b)	if, because of the urgency of the case it is not possible to do so before making the order—within a reasonable time after making the order.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the section to bring it more closely into line with current drafting practice.
[3.84]	Section 284 (1)
omit
	(1)	If the court makes
substitute
If the Childrens Court makes
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the subsection to omit an unnecessary subsection number.
[3.85]	Section 285 (1)
substitute
	(1)	This section applies if, on application by a party to a proceeding or on its own initiative, the Childrens Court is satisfied that a party to a proceeding—
	(a)	has been improperly or unnecessarily joined; or
	(b)	has ceased to be a proper or necessary party.
	(1A)	The Childrens Court may—
	(a)	order that the party cease to be a party; and
	(b)	make any other orders or directions for the conduct of the proceeding that the court considers appropriate.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also revises the structure of the section to bring it more closely into line with current drafting practice.
[3.86]	Section 285
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.87]	Section 299 (1), definition of Childrens Court
omit
Explanatory note
This amendment omits the definition of Childrens Court because of the amendments made by this schedule.  The term ‘Childrens Court’ will be used consistently throughout the Act to refer to the ACT Childrens Court.  The definition is reinserted in another amendment as a definition of State Childrens Court.
[3.88]	Section 299 (1), new definition of State Childrens Court
insert
State Childrens Court, of a State, means the court with jurisdiction to hear and decide a child care and protection proceeding in the State at first instance.
Explanatory note
This amendment renames the Childrens Court for this chapter as the State Childrens Court.  The amendment is consequential on the use of Childrens Court consistently throughout the Act to mean the ACT Childrens Court.
[3.89]	Section 310
substitute
310	When Childrens Court may make order under pt 8.3
	(1)	The Childrens Court may make an order (the transfer order) under this part transferring a child care and protection proceeding pending in the court to the State Childrens Court of a participating State if—
	(a)	the chief executive applies for the making of the order; and
	(b)	the relevant interstate officer has consented to the transfer.
	(2)	The proceeding is discontinued in the Childrens Court when the transfer order is registered in the State Childrens Court of the participating State in accordance with the interstate law.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in relation to a State as the State Childrens Court and changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.90]	Sections 311
omit
Childrens Court in
substitute
State Childrens Court of
Explanatory note
This amendment is consequential on the renaming of Childrens Court in relation to a State as the State Childrens Court.
[3.91]	Section 312 heading
substitute
312	Childrens Court to have regard to certain matters
Explanatory note
This amendment updates the section heading and is consequential on the changes to references to the court to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.92]	Section 312
omit
the court
substitute
the Childrens Court
Explanatory note
This amendment changes the reference to the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.93]	Sections 313 (4), 314 (1) and 316 (1)
omit
Childrens Court in
substitute
State Childrens Court of
Explanatory note
These amendments are consequential on the renaming of Childrens Court in relation to a State as the State Childrens Court.
[3.94]	Section 318 (1)
substitute
	(1)	An application for revocation of the registration of a document filed under section 315 (Filing and registration of interstate documents) may be made to the Childrens Court by—
	(a)	the chief executive; or
	(b)	the child or young person concerned; or
	(c)	someone with parental responsibility for the child or young person concerned; or
	(d)	a party to the proceeding in the State Childrens Court in the sending State in which the decision to transfer the order or proceeding was made.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in relation to a State as the State Childrens Court.
This amendment also changes the reference to the court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.95]	Section 318 (3) and (4)
substitute
	(3)	The Childrens Court may revoke the registration of a document filed under section 315 only if satisfied that it was inappropriately registered because, under the interstate law—
	(a)	the decision of the interstate officer or the order of the State Childrens Court of the sending State to transfer the order or proceeding was subject to appeal or review, or a stay, at the time of registration; or
	(b)	the time for beginning an appeal or seeking a review had not ended.
	(4)	The registrar of the Childrens Court must send each document filed under section 315 to the State Childrens Court of the sending State if the registration of the document is revoked.
Explanatory note
This amendment is consequential on the renaming of Childrens Court in relation to a State as the State Childrens Court.
This amendment also changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also brings the language of the subsections more closely into line with current drafting practice.
[3.96]	Section 320
substitute
320	Transfer of Childrens Court file
The registrar of the Childrens Court must send all documents filed in the court in relation to a child care and protection proceeding, and an extract from any part of the register that relates to a child care and protection proceeding, to the State Childrens Court of a participating State if, under this chapter—
	(a)	the child care and protection order or proceeding is transferred to the State Childrens Court; and
	(b)	the transfer decision or order is not subject to appeal or review or a stay; and
	(c)	the time for beginning an appeal or seeking a review has ended.
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also changes references to the Childrens Court in a participating State to the State Childrens Court.  In addition, the amendment brings the language of the section more closely into line with current drafting practice.
[3.97]	Sections 322 and 323
substitute
322	Deciding transferred proceeding
In deciding a child care and protection proceeding transferred to the Childrens Court under an interstate law, the court—
	(a)	is not bound by a finding of fact made in the proceeding in the State Childrens Court of the sending State before its transfer; and
	(b)	may have regard to the transcript of, or evidence presented in, the proceeding mentioned in paragraph (a).
323	Disclosure of information
	(1)	The chief executive may disclose to an interstate officer information that has come to the chief executive’s notice in the exercise of functions under this Act if the chief executive considers it necessary to disclose the information to allow the interstate officer to exercise functions under a child welfare law or an interstate law.
Note	Function includes authority, duty and power (see Legislation Act, dict, pt 1).
	(2)	This section has effect despite any other provision of this Act.
Explanatory note
This amendment changes the reference in section 322 to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court, in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.  The amendment also changes references to Childrens Court to the State Childrens Court.
In addition, the amendment omits unnecessary words from section 323 and brings the language of the section more closely into line with current drafting practice.
The Legislation Act, dictionary, part 1 defines function to include power and defines exercise a function to include perform the function.
[3.98]	Section 330 (i) (ii)
substitute
	(ii)	a private hospital; or
Explanatory note
This amendment omits a reference to regulations that have been repealed.
[3.99]	Section 353 (3)
substitute
	(3)	In any proceeding in a court, evidence may be given about the grounds contained in a report for the belief that this chapter or a condition of a licence is being contravened.
	(3A)	However, the following evidence is admissible in a proceeding only if the court in which the proceeding is brought gives leave for the evidence to be given or if the person who made the report (the reporter) consents in writing to the admission of the evidence:
	(a)	evidence that a particular matter is contained in a report; 
	(b)	evidence that identifies the reporter or is likely to lead to the identification of the reporter.
Explanatory note
This amendment brings the structure of the section more closely into line with current drafting practice and clarifies the meaning of a reference to the court.
[3.100]	Section 353 (6) (b)
substitute
	(b)	in relation to a charge or allegation made in a proceeding against someone in the exercise of his or her functions under this Act; or
Explanatory note
This amendment omits unnecessary words.  The Legislation Act, dictionary, part 1 defines function to include authority, duty and power and defines exercise a function to include perform the function.
[3.101]	Section 353
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.102]	Sections 367, 370 (1), 371 (1) and 372
omit
this part
substitute
this chapter
Explanatory note
These amendments correct incorrect provision references.
[3.103]	Section 378 heading
substitute
378	Ch 10 subject to certain provisions of Education Act 1937
Explanatory note
This amendment corrects an incorrect provision reference.
[3.104]	Section 378
omit
This part
substitute
This chapter
Explanatory note
This amendment corrects an incorrect provision reference.
[3.105]	Section 379
omit
this part
substitute
this chapter
Explanatory note
This amendment corrects an incorrect provision reference.
[3.106]	Section 380 (1) (a)
omit
part 6.2 (Within the Territory)
substitute
part 6.2 (Dealing with young offenders in ACT)
Explanatory note
This amendment is consequential on the amendment of the heading to part 6.2 by an earlier amendment.
[3.107]	Sections 380 (5) and 382
omit
this part
substitute
this chapter
Explanatory note
These amendments correct incorrect provision references.
[3.108]	Section 385 (2)
omit
or a judge sitting in chambers
Explanatory note
This amendment omits an outdated reference to a judge sitting in chambers.  The distinction between court and chambers has been abolished in the ACT (see Supreme Court Act 1933, s 21).
[3.109]	Section 386 (b)
omit
court
substitute
court hearing the charge
Explanatory note
This amendment clarifies a reference to the court.
[3.110]	Section 405
omit
duty or
Explanatory note
This amendment omits unnecessary words.  The Legislation Act, dictionary, part 1 defines function to include duty and defines exercise a function to include perform the function.
[3.111]	Section 407 (2) (a)
substitute
	(a)	an act done or omitted to be done honestly and without negligence by the person in the exercise, or purported exercise, of a function under or in relation to this Act; or
Explanatory note
This amendment updates language and omits unnecessary words.  The Legislation Act, dictionary, part 1 defines function to include duty and defines exercise a function to include perform the function.
[3.112]	Section 412
omit
The Minister
substitute
	(1)	The Minister
Explanatory note
This amendment is consequential on the insertion of new section 412 (2) by another amendment.
[3.113]	New section 412 (2)
insert
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Explanatory note
This amendment makes the declaration that a place is an attendance centre, an institution or a shelter an instrument that must be publicly notified under the Legislation Act.
[3.114]	Section 413 (2)
substitute
	(2)	If the chief police officer, or a police officer authorised by the chief police officer, believes on reasonable grounds that someone has suffered loss because of an act or offence by the child or young person, the officer may give the person the name, age and address of the child or young person and particulars of the act or offence.
Explanatory note
This amendment changes references to the ‘commissioner of police’ to the ‘chief police officer’ and updates language.  The Legislation Act, dictionary, part 1 defines chief police officer to be the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.
[3.115]	Section 413 (3)
omit
court
substitute
court that disposed of the charge
Explanatory note
This amendment clarifies a reference to the court.
[3.116]	Section 417 (2) (a) and (b)
omit
for or with respect to
substitute
in relation to
Explanatory note
These amendments revise language in accordance with current drafting practice.  The Legislation Act, dictionary, part 1, defines in relation to to include ‘for or with respect to’.
[3.117]	Section 418
omit
The Minister
substitute
	(1)	The Minister
Explanatory note
This amendment is consequential on the next amendment.
[3.118]	New section 418 (2)
insert
	(2)	This section expires on 10 May 2004.
Explanatory note
This amendment includes an expiry for a section with transitional effect, bringing it into line with current drafting practice.
[3.119]	Dictionary, heading
substitute
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	administrative appeals tribunal
·	chief executive (see s 163)
·	disallowable instrument (see s 9)
·	Executive
·	individual
·	lawyer
·	mental health tribunal
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	penalty unit (see s 133)
·	police officer
·	State
·	the Territory
·	working day.
Explanatory note
This amendment updates the cross-reference to the dictionary section and inserts standard dictionary notes.
[3.120]	Dictionary, definition of body
substitute
body includes an agency or organisation.
Explanatory note
This amendment brings the language of the definition more closely into line with current drafting practice.
[3.121]	Dictionary, definition of Childrens Court
substitute
Childrens Court—see section 53.
Explanatory note
This amendment is consequential on an amendment to section 299 omitting the definition of Childrens Court.
[3.122]	Dictionary, definition of court
omit
Explanatory note
This amendment omits the definition of court in line with the current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
[3.123]	Dictionary, definition of mental health tribunal
omit
Explanatory note
This amendment omits a definition of a term now defined in the Legislation Act, dictionary, part 1.
[3.124]	Dictionary, new definition of State Childrens Court
insert
State Childrens Court, for chapter 8—see section 299.
Explanatory note
This amendment inserts a signpost definition for State Childrens Court in accordance with current drafting practice.
[3.125]	Dictionary, definition of working day
omit
Explanatory note
This amendment omits a definition of a term now defined in the Legislation Act, dictionary, part 1.
[3.126]	Further amendments, mentions of court
omit
court
substitute
Childrens Court
in the following provisions:
·	section 23 (1) (b), (2) and (3)
·	section 24 (1) (1st mention)
·	sections 24 (2) (b) (i), (3) and (4) and 25 (1)
·	section 25 (2) (1st mention)
·	sections 54 (1) and 56 (2)
·	section 57 (1st mention)
·	section 59
·	section 60 (1) (1st mention)
·	section 60 (2) (b)
·	section 60 (3) (1st mention)
·	section 60 (4) (1st mention)
·	section 61 (1st mention)
·	sections 62 and 69 (1)
·	section 69 (2) (1st mention)
·	section 69 (3) (1st mention)
·	section 75 (1) (1st mention)
·	section 75 (2) (1st mention)
·	section 75 (3) (1st mention)
·	section 75 (4)
·	section 75 (6) (1st mention)
·	section 75 (8) (1st mention)
·	sections 83 (1) (c) and 87
·	section 88 (1) (1st mention)
·	section 89 (3) (1st mention)
·	section 91
·	section 95 (1) (1st mention)
·	section 95 (2) and (3)
·	section 95 (4) (1st mention)
·	section 95 (6)
·	section 96 (1) (1st mention)
·	section 97
·	section 99 (1) (1st mention)
·	section 99 (2)
·	section 100 (1st mention)
·	section 101 (1) and (2)
·	section 101 (3) (1st mention)
·	sections 102 (1) and (2), 104 (2), (3) and (4), 106 (3) and (6) and 107 (6)
·	section 109 (1) (1st mention)
·	section 109 (2) (1st mention)
·	section 109 (3) and (4)
·	section 109 (5) (1st mention)
·	sections 109 (6), 110 (3) and (6), 111 (6) and 114
·	section 116 (2) (1st mention)
·	section 116 (3) (1st mention)
·	section 116 (4) (1st mention)
·	section 116 (5) (a)
·	section 117 (1) (1st mention)
·	section 117 (2) (d)
·	section 117 (3) (1st mention)
·	section 117 (4)
·	section 117 (5) (1st mention)
·	section 118 (1) (a) and (2)
·	section 118 (3) (1st mention)
·	sections 118 (4) and 124 (1)
·	section 124 (2) (1st mention)
·	sections 124 (3) and 125 (1) and (2)
·	section 127 (1st mention)
·	section 128 (3)
·	section 128 (4) (1st mention)
·	sections 135 (1) (d) and (4) (d), 148 (1), 153 (1), 154
·	section 163 (3) (a) (1st and last mention)
·	sections 176, 177, 178 (3), 187 (2) (b) and (3), 193, 196 (1) and (2) and 199 (1)
·	section 199 (2) (1st mention)
·	sections 199 (3), 201 (2), 202 and 203
·	section 205 (1) (1st mention)
·	section 205 (2) and example
·	section 205A (1)
·	section 205A (2) (1st mention)
·	sections 206 (2) and (4) and 207 (2)
·	section 207 (3) (1st mention)
·	sections 211, 212, 214 (2) and 214 (3) (b)
·	section 215
·	section 217 (2) (1st mention)
·	section 218
·	section 220 (b) (1st mention)
·	section 225 (1) (b)
·	section 225 (2) (1st mention)
·	section 226 (1) (c)
·	section 228 (1) (1st mention)
·	sections 231 and 235 (1)
·	section 235 (2) (1st mention)
·	section 236 (1) 
·	section 236 (2) (1st mention)
·	sections 236 (3) and 239
·	section 240 (1) (1st mention)
·	section 246 (1) and (3) (e) (ii) and (h)
·	section 248 (2) (1st mention)
·	section 248 (3) (1st mention)
·	section 248 (4) (1st mention)
·	sections 249 and 251
·	section 252 (1) (1st mention)
·	sections 252 (2), (3) and (4), 253, 254, 255, 258, 259 (3), 260 (1) and 261
·	section 263 (1) (1st mention)
·	section 263 (2) 
·	section 263 (3) (1st mention)
·	section 263 (4) (a)
·	section 264 (1) (1st mention)
·	sections 264 (2), (3), (4) and (5) and 265 (1)
·	section 265 (2) (1st mention)
·	section 265 (3) (1st mention)
·	sections 268 (3) and (5)
·	section 269 (3) (1st mention)
·	section 270 (4)
·	section 270 (5) (1st mention)
·	section 272 (1st mention)
·	sections 274 
·	section 277 (1st mention)
·	section 278
·	section 280 (1) (d) (i)
·	section 281 (1st mention)
·	sections 283, 285 (2) and 286
·	section 287 (1) (1st mention)
·	section 287 (2), (3) and (4)
·	section 288 (2) (1st mention)
·	section 289 (1) (1st mention)
·	sections 289 (2), 290 and 291 (1) and (2)
·	section 292 (1) (1st mention)
·	section 292 (2) (1st mention)
·	section 292 (3) (1st mention)
·	section 292 (5) (1st mention)
·	section 293 (1)
·	section 293 (2) (1st mention)
·	section 294 (1st mention)
·	sections 295 (1), 296 (1) and 304
·	section 306 (1) (1st mention)
·	sections 306 (2), (3), (4) and (5) (b), 307 and 308
·	section 313 (1) (1st mention)
·	section 315
·	section 317 (1) (1st mention)
·	section 317 (2) (1st mention)
·	sections 317 (3), 319 (1), 321 and 380 (1)
Explanatory note
This amendment changes the reference to court (defined in the dictionary to mean the Childrens Court) to state the full name of the Childrens Court in line with current drafting practice of using a name for the court that allows the reader to easily identify which court is being referred to.
Part 3.6	Confiscation of Criminal Assets Act 2003
[3.127]	Section 80, definition of benefits, paragraphs (a) and (b)
substitute
	(a)	tainted property, except tainted property that was used, or was intended by the offender to be used, in relation to the commission of an offence, and property derived by anyone from that property; or
	(b)	artistic profits allowed under section 81 (3) in relation to the offence; or
Explanatory note
This amendment substitutes the disjunctive ‘or’ for the conjunctive ‘and’ at the end of each of the paragraphs of a ‘means’ definition in accordance with current drafting practice.  Each paragraph of the definition clearly provides an alternative (rather than cumulative) meaning of the defined term. 
Part 3.7	Criminal Code 2002
[3.128]	Section 10
omit
In this Act:
substitute
	(1)	In this Act:
Explanatory note
This amendment is consequential on the next amendment.
[3.129]	New section 10 (2)
insert
	(2)	This section expires on the default application date.
Explanatory note
This amendment is in line with current drafting practice of providing for the expiry of transitional provisions when they are spent.
Part 3.8	Drugs in Sport Act 1999
[3.130]	Title
omit
confer functions and powers on
substitute
give functions to
Explanatory note
This amendment brings the language of the long title more closely into line with current drafting practice.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.131]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.132]	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 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)).
Explanatory note
This amendment inserts a standard dictionary provision.
[3.133]	Section 6 heading
substitute
6	Giving of functions to ASDA
Explanatory note
This amendment brings the language of the section’s heading into line with current drafting practice.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.134]	Section 6 (1)
omit
and powers
Explanatory note
This amendment omits unnecessary words.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.135]	Section 6 (2)
omit
, functions and powers
substitute
and functions
Explanatory note
This amendment omits unnecessary words.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.136]	Section 6 (4) (b)
substitute
	(b)	section 8 (Agreement with ASDA about exercise of functions under Act).
Explanatory note
This amendment is consequential on the amendment of the heading to section 8 by the next amendment.
[3.137]	Section 8
substitute
8	Agreement with ASDA about exercise of functions under Act
	(1)	The Minister may enter into an agreement with ASDA about the exercise of its functions under this Act.
	(2)	The agreement may provide that ASDA must exercise its functions under this Act as provided under the agreement.
Explanatory note
This amendment brings the language of the section more closely into line with current drafting practice.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
[3.138]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Commonwealth
·	Executive
·	exercise
·	Federal Court
·	function.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.9	Financial Management Act 1996
[3.139]	Section 67 (1)
after
may
insert
, in writing,
Explanatory note
The Legislation Act defines an instrument as any writing or other document.  The insertion of ‘in writing’ ensures that financial management guidelines fall within that definition (see Legislation Act, s 14 (1)) and will be disallowable instruments as envisaged by the Financial Management Act 1996, section 67 (2).
Part 3.10	First Home Owner Grant Act 2000
[3.140]	Section 3, note 1
omit
	For example, the signpost definition ‘identity card—see the Taxation Administration Act 1999, section 3 (1)’ means that the term ‘identity card’ is defined in section 3 (1) of that Act and the definition applies to this Act.
substitute
	For example, the signpost definition ‘identity card—see the Taxation Administration Act 1999, dictionary.’ means that the term ‘identity card’ is defined in that dictionary and the definition applies to this Act.
Explanatory note
This amendment updates a reference consequential on another amendment to insert a dictionary in the Taxation Administration Act 1999.
[3.141]	Dictionary, definition of identity card
substitute
identity card—see the Taxation Administration Act 1999, dictionary.
Explanatory note
This amendment updates a reference consequential on another amendment to insert a dictionary in the Taxation Administration Act 1999.
Part 3.11	Gaming Machine Act 1987
[3.142]	Section 4, definition of bar-room
substitute
bar-room—see the Liquor Act 1975, dictionary.
Explanatory note
This amendment updates a cross-reference.
[3.143]	Section 4, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.144]	Section 4, 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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘bar-room—see the Liquor Act 1975, dictionary.’ means that the term ‘bar-room’ is defined in that dictionary 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, s 155 and s 156 (1)).
4	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.
Explanatory note
This amendment inserts a standard dictionary provision and a standard provision explaining the status of notes.
[3.145]	Section 30CA (2)
omit
30C (g)
substitute
30C (1) (f)
Explanatory note
This amendment updates a cross-reference that was not updated following the amendment of section 30C by the Gaming Machine Amendment Act 2000, section 7 and the subsequent renumbering of paragraphs in the next republication.
[3.146]	Section 30CA (3)
omit
the commencement of the Gaming Machine (Amendment) Act 1993, section 18
substitute
1 November 1993
Explanatory note
This amendment substitutes the actual date of commencement of the Gaming Machine (Amendment) Act 1993, section 18.
[3.147]	Section 59 (2)
substitute
	(2)	A return must be in writing.
Note	If a form is approved under the Gambling and Racing Control Act 1999, s 53D for a return, the form must be used.
Explanatory note
This amendment makes it clear that the return is in a form approved for a gaming law under the Gambling and Racing Control Act 1999, s 53D rather than independently under the Gaming Machine Act 1987.
[3.148]	New dictionary
insert
Dictionary
(see s 3)
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
·	Commonwealth
·	Corporations Act
·	disallowable instrument (see s 9)
·	Executive
·	financial year
·	Legislative Assembly
·	month
·	the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.12	Health Professionals (Special Events Exemptions) Act 2000
[3.149]	Section 3, definition of restricted substance, paragraph (a)
omit
schedule 4;
substitute
schedule 4; or
Explanatory note
This amendment inserts an ‘or’ at the end of a paragraph in accordance with current drafting practice.
[3.150]	Section 3, definition of special event
substitute
special event means an event that is declared to be a special event under section 5 (1).
Explanatory note
This amendment converts the definition from a signpost definition in accordance with current drafting practice.
[3.151]	Section 3, definition of supply
substitute
supply—see the Poisons and Drugs Act 1978, dictionary.
Explanatory note
This amendment adds ‘dictionary’ to the end of the definition, in line with current drafting practice, so that the definition can be more easily located.
[3.152]	Section 3, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment.
[3.153]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.’ means that the term ‘drugs and poisons standard’ is defined in that dictionary 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, s 155 and s 156 (1)).
Explanatory note
This amendment inserts a standard dictionary provision.
[3.154]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	dental prosthetist
·	dental technician
·	dentist
·	doctor
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	nurse
·	penalty unit (see s 133)
·	pharmacist.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.13	Long Service Leave (Contract Cleaning Industry) Act 1999
[3.155]	New section 2A
insert
2A	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.
Explanatory note
This amendment inserts a standard provision about notes.
[3.156]	Section 9
substitute
9	Delegation by board
The board may delegate the board’s functions to a public servant.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision by removing the words ‘in writing’ because the Legislation Act, section 232 provides that a delegation must be made, or evidenced, in writing.  Also, the reference to the ‘common seal’ of the board is unnecessary because the signature of a person authorised by the board for the purpose of making a delegation is taken to be the signature of the board (see Legislation Act, section 199 (2)).
Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power.
A standard note about delegations is also added.
[3.157]	Section 11
substitute
11	Term of appointment of members
A member is appointed for a term of not longer than 5 years.
Explanatory note
This amendment remakes the section to omit an unnecessary subsection and note.  The Legislation Act, section 206 (2) provides if a law provides for a maximum term of appointment, the instrument of appointment must state the period for which the appointment is made.
[3.158]	Section 13 heading
substitute
13	Ending of appointment
Explanatory note
This amendment updates the heading in line with current drafting practice.
[3.159]	Section 13, new note
insert
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment updates the section by inserting a standard note about resignation.  The Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.
[3.160]	Sections 19 and 20
substitute
19	Long Service Leave Registrar
	(1)	The chief executive must appoint a public servant as Long Service Leave Registrar.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 registrar has the functions given under this Act or another Territory law.
	(3)	Until the chief executive makes an appointment under subsection (1), the registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the registrar.
	(4)	Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	Subsections (3) and (4) and this subsection expire 1 year after the day this section commences.
20	Deputy Long Service Leave Registrar
	(1)	The chief executive must appoint a public servant as Deputy Long Service Leave Registrar.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 deputy registrar may exercise any function of the registrar, subject to any direction of the registrar.
	(3)	Until the chief executive makes an appointment under subsection (1), the deputy registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the deputy registrar.
	(4)	Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	Subsections (3) and (4) and this subsection expire 1 year after the day this section commences.
Explanatory note
This amendment remakes the sections and removes the requirement that the chief executive must create and maintain offices for a registrar and deputy registrar in the public service. The Legislation Act, 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.  
The amendment includes transitional arrangements that operate until new appointments are made.
The amendment also inserts standard notes about appointments in each of the sections.
Part 3.14	Magistrates Court Act 1930
[3.161]	Section 1
substitute
1	Name of Act
This Act is the Magistrates Court Act 1930.
Explanatory note
This amendment brings the naming section into line with current drafting practice.
[3.162]	Section 116H (1) (a), (2) (a) and (3)
omit
116A (3)
substitute
116AA (1)
Explanatory note
This amendment updates a cross-reference.
Part 3.15	Magistrates Court Rules 1932
[3.163]	Part 6
substitute
Part 6	Australian register of judgments
31	Entry of Australian judgments in register
A judgment required to be registered in the court under the Service and Execution of Process Act 1992 (Cwlth), section 105 (Enforcement of judgments) must be entered in the Australian register of judgments kept by the registrar.
Explanatory note
This amendment updates part 6 of the rules to bring it into line with the Service and Execution of Process Act 1992 (Cwlth), section 105 (Enforcement of judgments).
[3.164]	Part 11
omit
Explanatory note
This amendment omits a redundant part.  All former New South Wales Acts in force in the ACT have been fully assimilated into ACT law (see Legislation Act, dict, pt 1, def former NSW Act).
Part 3.16	Prisoners (International Transfer) Act 1999
[3.165]	Section 4, definition of function
omit
Explanatory note
This amendment omits a redundant definition.  Function is defined in the Legislation Act, dictionary, part 1 to include authority, duty or power.
[3.166]	Section 4, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment
[3.167]	Section 4, remainder
substitute
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	Terms defined in Commonwealth Act
A term defined in the Commonwealth Act has the same meaning in this Act.
4B	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.
Explanatory note
This amendment inserts a standard dictionary provision, remakes an interpretative provision in accordance with current drafting practice and inserts a standard notes provision.
[3.168]	Section 5 heading
substitute
5	Minister’s functions
Explanatory note
This amendment updates the heading in line with current drafting practice.
[3.169]	Section 6 heading
substitute
6	Functions of prison officers, police officers and others
Explanatory note
This amendment updates the heading in line with current drafting practice.
[3.170]	New dictionary
insert
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
·	Australia
·	Commonwealth
·	Executive
·	Federal Court
·	function
·	Minister (see s 162)
·	State
·	the Territory.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.17	Protection Orders Act 2001
[3.171]	Section 32 (1) (b)
omit
section 205 (When may the court make a protection order?)
substitute
section 205 (When Childrens Court may make interim protection order)
Explanatory note
This amendment is consequential on the amendment of the heading to the Children and Young People Act 1999, section 205 by an earlier amendment.
Part 3.18	Public Health Act 1997
[3.172]	Section 101 (2) (a) and (b)
substitute
	(a)	commences—
	(i)	on the day after its notification day; or
	(ii)	if a later commencement day is stated in the declaration—on the day stated; and
	(b)	remains in force—
	(i)	for a stated period of not longer than 6 months; or
	(ii)	if no period is stated in the declaration—for 6 months beginning on its notification day.
Explanatory note
This amendment restructures paragraphs, and provides for the declaration to commence on the day after it is notified on the legislation register (or later), in line with the commencement rules for registrable instruments in the Legislation Act, section 73.
This amendment also provides for a declaration to automatically remain in force for 6 months if the declaration does not state a period for which it is to remain in force.  The amendment will provide for greater administrative certainty.
[3.173]	Section 121 (3) (b)
substitute
	(b)	for a public health officer—his or her authorisation under section 12A (1) and identity card; or
Explanatory note
This amendment updates a cross-reference and makes the language more precise.
[3.174]	Section 121 (4), definition of authorised person, paragraph (b)
omit 
14 (2)
substitute
12A (1)
Explanatory note
This amendment updates a cross-reference.
[3.175]	Dictionary, definitions of occupier
substitute
occupier—
	(a)	for this Act (other than part 5)—of a place, includes—
	(i)	an owner of the place; and
	(ii)	a person in charge of the place; and
	(iii)	a person authorised to be present at the place as an agent of an occupier, owner or person in charge of the place; and
	(b)	for part 5 (Inspection and analysis)—see section 75.
Explanatory note
This amendment combines the 2 definitions of occupier.
Part 3.19	Public Sector Management Act 1994
[3.176]	Section 3, definition of Territory instrumentality, paragraph (e)
omit
subsection (2)
substitute
section 3A
Explanatory note
This amendment updates a cross-reference.
[3.177]	Schedule 3, amendment 3.19, new section 57A (1) (a)
omit
employers
substitute
employees
Explanatory note
This amendment corrects a minor drafting error.
Part 3.20	Race and Sports Bookmaking Act 2001
[3.178]	Dictionary, definition of controlling body
substitute
controlling body—see the Racing Act 1999, dictionary.
Explanatory note
This amendment updates a reference consequential on another amendment to insert a dictionary in the Racing Act 1999.
Part 3.21	Racing Act 1999
[3.179]	Section 1
substitute
1	Name of Act
This Act is the Racing Act 1999.
Explanatory note
This amendment brings the naming section into line with current drafting practice.
[3.180]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment
[3.181]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘licensed racecourse—section 5.’ means that the term ‘licensed racecourse’ 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, 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, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard provision explaining the status of notes.
[3.182]	Section 5 (2)
omit
Explanatory note
This amendment omits a spent provision in line with current drafting practice.  The omission does not end the transitional effect of section 5 (2) (see Legislation Act, s 88 (1)).
[3.183]	Section 5
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections
[3.184]	Section 16 (3)
substitute
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, s 196 and dict, pt 1, def entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, 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.  The amendment also inserts a standard note about the power to exercise functions.
[3.185]	Section 17
substitute
17	Delegation by racing club
The racing club may delegate its functions under this Act to a member, officer or employee of the racing club.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
·	the word ‘any’ (of the club’s functions) is omitted because the Legislation Act, 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 word ‘powers’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now; 
·	the words ‘except this power of delegation’ are omitted because the Legislation Act, section 236 provides that the person who can delegate cannot delegate the power to delegate unless the legislation creating the power to delegate states that it can be;
·	the words ‘A delegation under this section may be revoked at any time’ are unnecessary because the Legislation Act, section 237 provides that the person who has delegated can amend or revoke the delegation in whole or part;
·	the words ‘and does not derogate from the power of the racing club to act itself in any matter’ are unnecessary because the Legislation Act, section 240 provides that the person who has delegated a function can exercise the delegated function.
This amendment also inserts a standard note about delegations.
[3.186]	Section 22 (3)
substitute
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, s 196 and dict, pt 1, def entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, 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.  The amendment also inserts a standard note about the power to exercise functions
[3.187]	Section 23
substitute
23	Delegation by harness club
The harness club may delegate its functions under this Act to a member, officer or employee of the harness club.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
·	the word ‘any’ (of the club’s functions) is omitted because the Legislation Act, 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 word ‘powers’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now; 
·	the words ‘except this power of delegation’ are omitted because the Legislation Act. section 236 provides that the person who can delegate cannot delegate the power to delegate unless the legislation creating the power to delegate states that it can be;
·	the words ‘A delegation under this section may be revoked at any time’ are unnecessary because the Legislation Act, section 237 provides that the person who has delegated can amend or revoke the delegation in whole or part;
·	the words ‘and does not derogate from the power of the harness club to act itself in any matter’ are unnecessary because the Legislation Act, section 240 provides that the person who has delegated a function can exercise the delegated function.
This amendment also inserts a standard note about delegations.
[3.188]	Section 28 (3)
substitute
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, s 196 and dict, pt 1, def entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, 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.  The amendment also inserts a standard note about the power to exercise functions.
[3.189]	Section 29
substitute
29	Delegation by greyhound club
The greyhound club may delegate its functions under this Act to a member, officer or employee of the greyhound club.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision, as follows:
·	the word ‘any’ (of the club’s functions) is omitted because the Legislation Act, 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 word ‘powers’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now; 
·	the words ‘except this power of delegation’ are omitted because the Legislation Act. section 236 provides that the person who can delegate cannot delegate the power to delegate unless the legislation creating the power to delegate states that it can be;
·	the words ‘A delegation under this section may be revoked at any time’ are unnecessary because the Legislation Act, section 237 provides that the person who has delegated can amend or revoke the delegation in whole or part;
·	the words ‘and does not derogate from the power of the greyhound club to act itself in any matter’ are unnecessary because the Legislation Act, section 240 provides that the person who has delegated a function can exercise the delegated function.
This amendment also inserts a standard note about delegations.
[3.190]	Section 39 (b)
substitute
	(b)	to exercise the functions given to the tribunal by this Act or another Act.
Explanatory note
This amendment brings the paragraph into line with current drafting practice.  The Legislation Act, dictionary, part 1 defines exercise a function to include perform the function, and is the drafting term used now.
[3.191]	Section 43 (3)
substitute
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, s 196 and dict, pt 1, def entity).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, 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.  The amendment also inserts a standard note about the power to exercise functions.
[3.192]	Section 52 (a)
substitute
	(a)	by a lawyer; or
Explanatory note
This amendment replaces a reference to ‘legal practitioner’ with ‘lawyer’, in line with current drafting practice.  Lawyer is defined in the Legislation Act, dictionary, part 1.
[3.193]	Section 62
substitute
62	Immunity from liability
A member of the tribunal is not civilly liable for an act or omission done honestly in the exercise, or purported exercise, of a function under this Act.
Explanatory note
This amendment updates language and brings the section into line with current drafting practice.  In particular—
·	‘performance’ is omitted, because exercise a function is defined in the Legislation Act, dictionary, part 1 to include perform the function.  It is the drafting term that is now used in relation to functions; and
·	‘powers’ is omitted, because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now.
[3.194]	Schedule 1, clause 1 (1), new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.195]	Schedule 1, clause 1 (2)
omit 
legal practitioners
substitute
lawyers
Explanatory note
This amendment replaces a reference to ‘legal practitioners’ with ‘lawyers’, in line with current drafting practice.  Lawyer is defined in the Legislation Act, dictionary, part 1.
[3.196]	Schedule 1, clause 1 (4)
substitute
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, section 208.  That section provides that a person may be reappointed to a position if the person is eligible to be appointed to the position.  This amendment also inserts a standard note about section 208.
[3.197]	Schedule 1, clause 2 (4)
omit
Explanatory note
This amendment omits a provision that is unnecessary because of the Legislation Act, section 225.  That section states that an acting appointment is not affected by a defect etc.
[3.198]	Schedule 1, clauses 3, 4 and 5
substitute
3	Term of office
A member of the tribunal must be appointed for a term not longer than 3 years.
4	Ending of appointment
	(1)	The Minister must end the appointment of a member of the tribunal if the member—
	(a)	ceases to be eligible for membership in the relevant capacity; or
	(b)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
	(c)	fails to disclose an interest as required by clause 7.
	(2)	The Minister may end the appointment of a member of the tribunal for misbehaviour or physical or mental incapacity.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment updates the clauses and omits unnecessary provisions.
New clause 3 does not include the words ‘specified in the instrument of appointment’.  This is because the Legislation Act, section 206 (2) states that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.
New clause 4 is remade in an updated form.  The existing clause 4 (1) (a) dealt with resignation.  This is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.  A standard note to this effect is inserted in the clause.
Existing clause 5 is unnecessary because the entitlements of members of the tribunal are subject to determinations of the Remuneration Tribunal under the Remuneration Tribunal Act 1995.
[3.199]	Schedule 2, clause 1, new notes
insert
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Explanatory note
This amendment inserts standard notes about appointments.
[3.200]	Schedule 2, clauses 2, 3 and 4
substitute
2	Term of office
An assessor must be appointed for a term 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, s 208 and dict, pt 1, def appoint).
3	Ending of appointments
	(1)	The Minister must end the appointment of an assessor if the assessor fails to disclose an interest as required by clause 5.
	(2)	The Minister may end the appointment of an assessor for misbehaviour or physical or mental incapacity.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment updates the clauses and omits unnecessary provisions.
New clause 2 does not include the words ‘specified in the instrument of appointment, and is eligible for re-appointment’.  This is because the Legislation Act, section 206 (2) states that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.  The Legislation Act, section 208 provides that a person may be reappointed to a position if the person is eligible to be appointed to the position.  A standard note about section 208 is also inserted.
Existing clause 3 (1) (a) deals with resignation.  This is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.  A standard note to this effect is inserted in the clause.
The existing clause 4 (1) (a) dealt with resignation.  This is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.  A standard note to this effect is inserted in the clause
Existing clause 4 is unnecessary because the entitlements of assessors are subject to determinations of the Remuneration Tribunal under the Remuneration Tribunal Act 1995.
[3.201]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Legislative Assembly
·	Minister (see s 162)
·	penalty unit (see s 133).
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.22	Sale of Motor Vehicles Act 1977
[3.202]	Sections 5 and 5A
substitute
5	Registrar of Motor Vehicles
	(1)	The chief executive must appoint a public servant as Registrar of Motor Vehicles.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	Until the chief executive makes an appointment under subsection (1), the registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the registrar.
	(3)	Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(4)	Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.
5A	Deputy Registrar of Motor Vehicles
	(1)	The chief executive must appoint a public servant as Deputy Registrar of Motor Vehicles.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	The deputy registrar may exercise any function of the registrar, subject to any direction of the registrar.
	(3)	Until the chief executive makes an appointment under subsection (1), the deputy registrar is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the deputy registrar.
	(4)	Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	Subsections (3) and (4) and this subsection expire 1 year after the day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain offices for the registrar and deputy registrar in the public service.  The Legislation Act, 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.
The amendment includes transitional arrangements that operate until new appointments are made.
The amendment also inserts standard notes about appointments in each of the sections.
[3.203]	Section 5B
substitute
5B	Inspectors
	(1)	The chief executive may appoint a public servant as an inspector for this Act.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, 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 following are also inspectors:
	(a)	the registrar;
	(b)	the deputy registrar;
	(c)	a police officer of or above the rank of sergeant;
	(d)	a police officer below the rank of sergeant nominated in writing by the chief police officer for this Act.
	(3)	If, immediately before the commencement of this section, the duties of an office in the public service included exercising the functions of an inspector, then, until the chief executive makes an appointment under subsection (1) in relation to the office or the duties of the office cease to include exercising the functions of an inspector, a public servant for the time being exercising the duties of the office is an inspector.
	(4)	Subsection (3) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	Subsections (3) and (4) and this subsection expire 1 year after the day this section commences.
Explanatory note
This amendment removes the requirement that the chief executive must create and maintain offices for inspectors in the public service.  The Legislation Act, 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—
·	removes the reference in existing subsection (3) (now new s (2)) to ‘a public servant for the time being exercising the functions of a public service office’ (ie an acting inspector) as a consequence of the amendment described above and because the Legislation Act, section 220 provides that a person acting in a position has, subject to the instrument making or evidencing the appointment, all the functions of the occupant of the position; and
·	changes the reference in existing subsection (3) to a member of the police force to police officer, which is defined in the Legislation Act, dictionary, part 1 to mean a member or special member of the Australian Federal Police.
The amendment includes transitional arrangements that operate until new appointments are made.
Standard notes about appointments are also inserted.
[3.204]	Section 10 (1) (c) (iii) and 11 (1) (d)
omit
resided
substitute
lived
Explanatory note
These amendments update language.
[3.205]	Section 11 (2)
omit everything after paragraph (a), substitute
	(b)	if paragraph (a) does not apply—a copy of the corporation’s accounts for the period beginning on the day of its incorporation and ending no more than 1 month immediately before the day it applies for the grant of the licence.
	(3)	The accounts mentioned in subsection (2) must have been audited by a qualified accountant.
Explanatory note
This amendment restructures the subsection in line with current drafting practice.
[3.206]	Section 11 (3) and (4)
substitute
	(4)	An application under subsection (1) must be notified in accordance with section 11B (Notification of application).
	(5)	In this section:
accounts—see the Corporations Act, section 9 (Dictionary), definition of financial records.
accounts in relation to a period (the first period) includes accounts for each of 2 periods whose total length corresponds to the length of the first period.
Explanatory note
This amendment restructures the subsections to bring them more closely into line with current drafting practice, including turning existing subsection (3) (an interpretation provision) into the definitions contained in new subsection (5).
The amendment also updates the definition of accounts.  That term is not defined in the Corporations Act, so the defined term financial records is used for the definition of accounts.
[3.207]	Section 11A (2) (d)
omit
certificate, diploma or testamur
substitute
degree, diploma or certificate
Explanatory note
This amendment updates language.
[3.208]	Section 18
substitute
18	Telling people about Act’s requirements
	(1)	If a person gives information to a licensee in relation to any matter that a licensee must enter in a dealings register, the licensee must tell the person about the requirements of section 17.
	(2)	In this section:
licensee includes someone acting for the licensee.
Explanatory note
This amendment updates the structure and language of the section.
[3.209]	Section 24 (1), definition of defect notice
omit
, being a notice
Explanatory note
This amendment updates language.
[3.210]	Section 27 (7)
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
[3.211]	Section 32A, new definition of NSW Act
insert
NSW Act means the Registration of Interests in Goods Act 1986 (NSW).
Explanatory note
This amendment brings the definition into line with current drafting practice.
[3.212]	Section 32A, definition of the NSW Act
omit
Explanatory note
This amendment is consequential on the previous amendment.
[3.213]	Section 51 (1)
omit
refuse or
Explanatory note
This amendment updates language.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.214]	Section 51 (2)
omit
refusing or
Explanatory note
This amendment updates language.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.215]	Section 54
substitute
54	Protection of registrar and deputy registrar
The registrar and deputy registrar are not civilly or criminally liable for an act done honestly by them in, or in relation to, an inquiry.
Explanatory note
This amendment brings the section more closely into line with current drafting practice and updates language.
[3.216]	Section 60 (1)
omit 
pecuniary
substitute
financial
Explanatory note
This amendment updates language.
[3.217]	Section 71 (4)
relocate as section 71 (7)
Explanatory note
This amendment relocates the subsection to bring the order of subsections into line with current drafting practice.
[3.218]	Section 71 (5)
omit
Explanatory note
This amendment omits a subsection as a consequence of other amendments that renumber and relocate section 71’s subsections.
[3.219]	Section 71 (6)
renumber as section 71 (4)
Explanatory note
This amendment renumbers the subsection consequentially on another amendment.
[3.220]	Section 71 (7)
omit
	(7)	In making a decision under subsection (6)
substitute
	(5)	In making a decision under subsection (4)
Explanatory note
This amendment renumbers the subsection consequentially on another amendment and updates a cross-reference.
[3.221]	Section 71 (8)
omit
	(8)	Subsection (7)
substitute
	(6)	Subsection (5)
Explanatory note
This amendment renumbers the subsection consequentially on another amendment and updates a cross-reference.
[3.222]	New section 71 (8)
insert
	(8)	An executive officer of a corporation is taken to have committed a disqualifying act if the executive officer was an executive officer of a corporation when the corporation committed the disqualifying act.
Explanatory note
This amendment brings the language of existing subsection (5) more closely into line with current drafting practice and relocates the subsection consequentially on another amendment.
[3.223]	Section 87
omit
Explanatory note
This amendment omits an unnecessary provision.  The Legislation Act, part 19.5 now deals comprehensively with service of documents.
[3.224]	Section 89A (2) (c) (iii)
omit
resided
substitute
lived
Explanatory note
This amendment updates language.
[3.225]	Section 89A (6)
omit
cause to be served on
substitute
give
Explanatory note
This amendment updates language.
[3.226]	Dictionary, new notes
insert
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
·	administrative appeals tribunal
·	chief executive (see s 163)
·	corporation
·	disallowable instrument (see s 9)
·	Executive
·	individual
·	lawyer
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	penalty unit (see s 133)
·	police officer
·	State
·	the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.227]	Dictionary, definition of executive officer
omit
means the person
substitute
means a person
Explanatory note
This amendment brings the definition into line with current drafting practice.
Part 3.23	Security Industry Regulations 2003
[3.228]	Regulation 6 (3), definition of custodial officer, paragraph (h)
omit
section 6 (Powers and functions of prison officers, police officers and others)
substitute
section 6 (Functions of prison officers, police officers and others)
Explanatory note
This amendment is consequential on the amendment of the heading to the Prisoners (International Transfer) Act 1999, section 6 by an earlier amendment.
Part 3.24	Smoke-free Areas (Enclosed Public Places) Regulations 1994
[3.229]	Regulation 4 (1) and (2)
omit
section 14 (3)
substitute
section 16 (3)
Explanatory note
This amendment updates a cross-reference.
Part 3.25	Spent Convictions Act 2000
[3.230]	Section 3 (2), note
omit
s 7 (k)
substitute
s 7 (1) (o)
Explanatory note
This amendment updates a cross-reference.
[3.231]	Section 4
substitute
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, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘conviction—see section 6.’ means that the term ‘conviction’ 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, s 155 and s 156 (1)).
Explanatory note
This amendment brings the section and notes into line with current drafting practice.
[3.232]	Section 6, examples 3 and 4
substitute
3	The court dismisses the charge under the Children and Young People Act 1999, section 98 (2) (a).
4	The court makes an order mentioned in the Children and Young People Act 1999, section 98 (2) (b).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Explanatory note
This amendment is consequential on the restructure of the Children and Young People Act 1999, section 98 by an earlier amendment.  It also adds an example note in accordance with current drafting practice.
[3.233]	Section 12 (2)
omit
section 98 (i)
substitute
section 98 (2) (a)
Explanatory note
This amendment is consequential on the restructure of the Children and Young People Act 1999, section 98 by an earlier amendment.
[3.234]	Section 12 (5), (6) and (7)
omit
98 (j)
substitute
98 (2) (b)
Explanatory note
This amendment is consequential on the restructure of the Children and Young People Act 1999, section 98 by an earlier amendment.
[3.235]	Section 13 (2)
omit 
crime-free period
substitute
crime-free period
Explanatory note
This amendment brings the term, which is a defined term, into line with current drafting practice.
[3.236]	Dictionary, new notes
insert
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:
·	administrative unit
·	entity
·	exercise
·	function
·	law, of the Territory
·	penalty unit (see s 133)
·	State
·	Territory authority 
·	the Territory.
Explanatory note
This amendment inserts standard dictionary notes.
[3.237]	Dictionary, definition of ACT offence, note
omit
Explanatory note
This amendment omits a note made redundant by the insertion of standard dictionary notes by another amendment.
[3.238]	Dictionary, definition of casino
omit
Explanatory note
This amendment omits a redundant definition.  The uses of the term in section 19 (1) (b) (iv) and (6) are clear from their context.
[3.239]	Dictionary, definition of correctional agency
omit
Explanatory note
This amendment omits a definition made redundant by the insertion of a new definition of prison officer by another amendment.
[3.240]	Dictionary, definition of function
omit
Explanatory note
This amendment omits the definition of a term that is defined in the Legislation Act, dictionary, part 1 and which is mentioned in the standard dictionary notes inserted by another amendment.
[3.241]	Dictionary, definition of law enforcement agency, paragraph (f)
substitute
	(f)	the CrimTrac Agency, established under the Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive Agencies);
Explanatory note
This amendment omits a reference to the abolished National Exchange of Police Information and substitutes a reference to the corresponding new agency.
[3.242]	Dictionary, definition of law enforcement agency, paragraphs (i) and (j)
substitute
	(i)	the Attorney-General for the Territory, the Commonwealth, a State or another Territory;
	(j)	people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences;
Explanatory note
This amendment improves syntax and updates language in accordance with current drafting practice.
[3.243]	Dictionary, definition of prison officer
substitute
prison officer includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders.
Explanatory note
This amendment subsumes the substance of the definition of correctional agency, which is omitted by another amendment.
[3.244]	Dictionary, definition of public authority, note
omit
Explanatory note
This amendment omits a note made redundant by the insertion of standard dictionary notes by another amendment.
Part 3.26	Supervised Injecting Place Trial Act 1999
[3.245]	Section 3, definitions
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment
[3.246]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘drug of dependence—see the Drugs of Dependence Act, section 3 (1).’ means that the term ‘drug of dependence’ 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, 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, s 127 (1), (4) and (5) for the legal status of notes.
Explanatory note
This amendment inserts a standard dictionary provision and a standard provision explaining the status of notes.
[3.247]	Section 5 (1A)
omit
Explanatory note
This amendment omits a spent provision.
[3.248]	Section 19
substitute
19	Committee’s functions
The functions of the advisory committee are—
	(a)	to make written recommendations to the Minister about the matters mentioned in section 29 (1) (Minister must consult committee); and
	(b)	to exercise other functions given to the advisory committee by this Act or another Territory law.
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, s 196 and dict, pt 1, def entity).
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, s 104).
Explanatory note
This amendment updates language and omits a provision that is unnecessary (s 19 (2)) because of the Legislation Act, 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.
The amendment also inserts a standard note about the power to exercise functions.
[3.249]	Section 20 (3)
substitute
	(3)	Each member of the advisory committee is appointed by the Minister for a term of not longer than 3 years.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
Note 2	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Explanatory note
This amendment updates language and brings the subsection into line with current drafting practice, as follows:
·	the reference to the appointment being ‘by instrument’ is omitted because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing; and
·	the words ‘may be re-appointed’ are not included.  This is because the Legislation Act, section 208 provides that a person may be reappointed to a position if the person is eligible to be appointed to the position.  
The amendment also inserts standard notes about appointments and section 208.
[3.250]	Section 20 (4)
substitute
	(4)	A member holds office on the terms (if any) in relation to matters not provided for by this Act that are stated in the instrument of appointment.
Explanatory note
The reference in existing subsection (4) to a member holding office for the term stated in the instrument of appointment is omitted.  This is because the Legislation Act, section 206 (2) states that, if a law provides for a maximum period of appointment, the period of appointment must be stated in the instrument of appointment.
[3.251]	Section 20 (5)
omit
Explanatory note
This amendment omits an unnecessary subsection.  The Legislation Act, 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.
[3.252]	Section 21
omit
in writing
Explanatory note
The reference to the appointment being made ‘in writing’ is omitted because the Legislation Act, section 206 provides that an appointment must be made, or evidenced, in writing.
[3.253]	Sections 22 and 23
substitute
22	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)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
	(b)	is absent for 3 consecutive meetings without leave; or
	(c)	is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Explanatory note
This amendment updates language and brings section 22 into line with current drafting practice.  Section 23 is unnecessary, because the Legislation Act, section 210 provides that a person’s appointment also ends if the person resigns.  A standard note to this effect is inserted in the section.
[3.254]	Section 29 (1) (d)
substitute
	(d)	the terms on which people under 18 years old may attend the facility; and
Explanatory note
This amendment updates language and brings the paragraph into line with current drafting practice.
[3.255]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Attorney-General
·	DPP
·	Executive
·	Legislative Assembly
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	penalty unit (see s 133)
·	regulations.
Explanatory note
This amendment inserts a dictionary and standard dictionary notes.
Part 3.27	Taxation Administration Act 1999
[3.256]	Section 3, definition of corporation
substitute
corporation—see the Corporations Act, section 57A.
Explanatory note
This amendment brings the definition into line with current drafting practice.
[3.257]	Section 3, definition of function
omit
Explanatory note
This amendment omits a redundant definition.  Function is defined in the Legislation Act, dict, pt 1 to include authority, duty or power.
[3.258]	Section 3, definition of tax officer
omit
Explanatory note
This amendment omits the definition.  A new definition of tax officer is inserted in the dictionary by the amendment that inserts the new dictionary.
[3.259]	Section 3, definitions (as amended)
relocate to the dictionary
Explanatory note
This amendment relocates the definitions to a new dictionary that is inserted by another amendment
[3.260]	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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘group—see section 112.’ means that the term ‘group’ 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, s 155 and s 156 (1)).
Explanatory note
This amendment inserts a standard dictionary provision.
[3.261]	Section 4 (i) and (j)
substitute
	(i)	an Act declared under the regulations to be a tax law.
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, s 104).
Explanatory note
This amendment omits paragraph (j) (that referred to a regulation under any of the Acts mentioned in the other paragraphs of section 4).  Paragraph (j) is no longer necessary because the Legislation Act, section 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
The amendment also inserts a standard note about section 104.
[3.262]	Section 8 (3), definition of tax avoidance scheme, paragraph (a)
omit
manner
substitute
way
Explanatory note
This amendment updates language.
[3.263]	Section 8 (3)
relocate as section 8 (6)
Explanatory note
This amendment relocates a subsection that contains definitions to the end of the section, in line with current drafting practice.
[3.264]	Section 8
renumber subsections when Act next republished under Legislation Act
Explanatory note
This amendment provides for the consequential renumbering of subsections.
[3.265]	Section 22 (3)
substitute
	(3)	In subsection (1):
Territory includes an officer, Minister and Territory authority.
Explanatory note
This amendment brings the subsection into line with current drafting practice.
[3.266]	Section 23 (3)
substitute
	(3)	In this section:
ground of invalidity means—
	(a)	the ground of invalidity of a tax law; or
	(b)	the ground of mistake (whether law or a fact) about the validity or invalidity of a tax law; or
	(c)	any other restitutionary ground relating to the validity or invalidity of a tax law.
non-legislative change of the law means a change of the law or of legal principles, or a change in what is generally perceived to be the state of the law or legal principles, but does not include a change made by legislation.
Territory includes an officer, Minister and Territory authority.
Explanatory note
This amendment brings the structure and language of the subsection more closely into line with current drafting practice.
[3.267]	Section 34 (b)
omit
refuses or
Explanatory note
This amendment omits unnecessary words.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.268]	Section 34, note
substitute
Note 1	The Legislation Act, dict, pt 1 defines fail to include refuse.
Note 2	The following table contains a summary of the effect of s 31 to s 34:
Explanatory note
This amendment inserts a note to remind readers about the extended meaning of fail.
[3.269]	Section 67 (1) to (3)
omit
or refuse
Explanatory note
This amendment updates language.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.270]	Section 78
omit
any function or power of the commissioner
substitute
the commissioner’s functions
Explanatory note
This amendment updates the delegation provision, as follows:
·	the word ‘any’ (of the commissioner’s functions) is omitted because the Legislation Act, 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 word ‘power’ is omitted because function is defined in the Legislation Act, dictionary, part 1 to include authority, duty and power, and is the drafting term used now.
[3.271]	Section 78, new note
insert
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Explanatory note
This amendment inserts a standard note about delegations.
[3.272]	Section 81
omit
in good faith
substitute
honestly
Explanatory note
This amendment updates language.
[3.273]	Section 82 (4)
omit
refuse or
Explanatory note
This amendment updates language.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.274]	Section 84 (2)
substitute
	(2)	The powers given by this section are additional to, and do not limit, any other powers given under a law.
Explanatory note
This amendment updates language.
[3.275]	Section 88 (2)
omit
refuse or
Explanatory note
This amendment updates language.  The Legislation Act, dictionary, part 1 defines fail to include refuse.
[3.276]	Section 130
omit
Explanatory note
This amendment omits a provision that is unnecessary.  The matter is adequately dealt with by the Evidence Act 1995 (Cwlth), part 4.3 (Facilitation of proof).
[3.277]	New dictionary
insert
Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Commonwealth
·	Executive
·	individual
·	Magistrates Court
·	penalty unit (see s 133)
·	State
·	Supreme Court
·	Legislative Assembly
·	Minister (see s 162)
·	the Territory.
tax officer—
	(a)	for this Act, means—
	(i)	the commissioner; or
	(ii)	an authorised officer; or
	(iii)	anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a tax law; and
	(b)	for division 9.4 (Secrecy)—see section 94.
Explanatory note
This amendment inserts a dictionary, a new definition of tax officer that includes its meaning for division 9.4 (in line with current drafting practice), and standard dictionary notes.
Part 3.28	Taxation (Government Business Enterprises) Regulations 2003
[3.278]	Regulation 4
omit 
·	Canberra Tourism and Events Corporation
substitute
·	Australian Capital Tourism Corporation
Explanatory note
This amendment updates a reference to a body.
Part 3.29	Victims of Crime Regulations 2000
[3.279]	Regulation 8 (4), notes
substitute
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Note 4	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Explanatory note
This amendment updates the standard notes about appointments.

Schedule 4	Repeal of redundant or obsolete legislation
(see s 6)
Part 4.1	Institute for the Study of Man and Society Incorporation Act 1968
Explanatory note
This part repeals an Act that is no longer needed.
The Institute for the Study of Man and Society Incorporation Act 1968 provided for the incorporation of the institute known as The Institute for the Study of Man and Society.  
The institute was set up by an organisation called Australian Frontier (itself established by the Australian Council of Churches as an independent body) to promote the understanding and study of society.  Incorporation of the institute was part of the preparatory work for the institute undertaken in the late 1960s and early 1970s.  Other preparatory work included defining the objects, structure and methods of the institute, identifying the buildings and resources needed and fundraising.  Land was granted to the institute by the National Capital Development Commission for the construction of buildings for the institute.  
Though enough funds were raised for the building, there were insufficient funds for ongoing costs.  As the Reverend Frank Engel states in his book 21 years of Australian Frontier (published in 1988 by Australian Frontier) ‘in spite of the generous support of a number of individuals, groups and companies, it was not surprising, indeed it was inevitable, that in 1974 the Australian Frontier Commission had to decide that the time had come to abandon the plan for an Institute in Canberra and to surrender the choice site to the National Capital Development Commission’ (p 73).
As the institute ‘never became a reality’ (Engel op cit), the Act has no ongoing operation and can be repealed.  Its previous operation is saved by this Act, section 6 (2) (Legislation repealed—sch 4).
Institute for the Study of Man and Society Incorporation Act 1968 A1968-35
Part 4.2	Judgment Creditors Remedies Act 1933
Explanatory note
This part repeals an Act that is no longer needed.
The Judgment Creditors Remedies Act 1933 deals with the enforcement of High Court judgments.  It provides that a person in whose favour a High Court judgment is given is entitled to the same remedies for enforcement against a judgment debtor’s ACT property or a judgment debtor resident or present in the ACT that a person in whose favour an ACT Supreme Court judgment is given.
The Act is no longer necessary because the Commonwealth has legislated in the Judiciary Act 1903 (Cwlth), section 77M (Enforcement of judgments) to the same effect.
Judgment Creditors Remedies Act 1933 A1933-8
Part 4.3	Spent Convictions Regulations 2003
Explanatory note
This part repeals regulations that are no longer needed.
The Spent Convictions Regulations 2003 are made obsolete by an amendment in this Act, schedule 3 of the Spent Convictions Act 2000, dictionary, definition of law enforcement agency, paragraph (f).
Spent Convictions Regulations 2003 SL2003-15
Part 4.4	Registrable instruments that are no longer needed
Explanatory note
This part repeals registrable instruments that are spent.  Any ongoing effect of the instruments is preserved by section 6.
Registrable instruments made since 12 September 2001 are required to be notified on the ACT legislation register.  To assist users of the register to find the current law more easily, registrable instruments are divided in the register between current and repealed instruments, as is the case with Acts.  To avoid unnecessary clutter in the current instruments on the register, the Legislation Act, section 89 provides for the automatic repeal of certain instruments once they are spent.  However, not all spent instruments are automatically repealed, for example, if the instrument contains a substantive provision.  Accordingly, this part of the schedule repeals some spent instruments made since 12 September 2001.
The Parliamentary Counsel’s Office has started a process of including in the legislation register registrable instruments made before 12 September 2001.  The office is giving priority in the current financial year to including all earlier disallowable instruments on the register.  An amendment to the Legislation Act in schedule 2 will make it clear that the automatic repeal provisions apply to registrable instruments whenever they were made.  This will enable many earlier spent registrable instruments to be included in the repealed, rather than the current, part of the register as they are backcaptured.  Accordingly, this part of the schedule also provides for the repeal of the ‘backcaptured instruments’ identified so far as being spent.
Division 4.4.1	ACTION Authority Act 2001—disallowable instrument—s 36
·	Transfer of Employees to ACTION Authority DI2002-3
Division 4.4.2	Independent Competition and Regulatory Commission Act 1997—disallowable instruments—s 15, s 16
·	Reference for an investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-65
·	Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-69
·	Reference for investigation under section 15 and specified requirements in relation to investigation under section 16 DI2001-291
·	Industry reference for investigation into full retail contestability for electricity DI2001-346
·	Independent Competition and Regulatory Commission Reference for Investigation DI2002-11
·	Independent Competition and Regulatory Commission (Reference for Investigation) 2002 (No 2) DI2002-185
·	Independent Competition and Regulatory Commission (Reference for Investigation) Determination 2002 (No 3) DI2002-227
Division 4.4.3	Legislative Assembly (Members’ Staff) Act 1989—disallowable instruments—s 5, s 6, s 10, s 11
·	Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) DI2001-161
·	Arrangements under sub-section 10 (2) for the employment of staff by members DI2001-169
·	Arrangements under sub-section 5 (2) for the employment of staff by the Speaker DI2001-170
·	Terms and conditions of employment of staff of members pursuant to section 11 (2) 2002 (No 2) DI2002-209
·	Terms and conditions of employment of staff of the Speaker pursuant to section 6 (2) 2002 (No 2) DI2002-210
·	Terms and conditions of employment of staff of office-holders pursuant to section 6 (2) 2002 (No 2) DI2002-211
Division 4.4.4	Utilities Act 2000—disallowable instruments—s 61, s 65
·	Utilities (Dam Safety Code) Variation Determination 2003 DI2003-27
·	Utilities (Emergency Planning Code) Determination 2003 DI2003-32
·	Utilities (Variation of Franchise Customer Electricity Metering Code) Approval 2003 (No 1) DI2003-256

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 23 October 2003.
2	Notification
	Notified under the Legislation Act on 5 December 2003.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Statute Law Amendment Bill 2003 (No 2) which was passed by the Legislative Assembly on 27 November 2003.

Clerk of the Legislative Assembly

© Australian Capital Territory 2003