Australian Capital Territory
Statute Law Amendment Act 2011 (No 3)
A2011-52
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Purpose	2
	4	Notes	2
	5	Legislation amended—schs 1-3	2
Schedule 1	Minor amendments	3
Part 1.1	Domestic Animals Regulation 2001	3
Part 1.2	Exhibition Park Corporation Act 1976	3
Part 1.3	Intoxicated People (Care and Protection) Act 1994	4
Part 1.4	Medicines, Poisons and Therapeutic Goods Act 2008	5
Part 1.5	Medicines, Poisons and Therapeutic Goods Regulation 2008	6
Part 1.6	Radiation Protection Act 2006	6
Part 1.7	Tobacco Act 1927	7
Schedule 2	Legislation Act 2001	8
Schedule 3	Technical amendments	9
Part 3.1	Aboriginal and Torres Strait Islander Elected Body Act 2008	9
Part 3.2	ACT Teacher Quality Institute Act 2010	11
Part 3.3	ACT Teacher Quality Institute Regulation 2010	12
Part 3.4	Animal Diseases Regulation 2006	12
Part 3.5	Architects Regulation 2004	13
Part 3.6	Auditor-General Act 1996	14
Part 3.7	Births, Deaths and Marriages Registration Act 1997	16
Part 3.8	Casino Control Act 2006	16
Part 3.9	Cemeteries and Crematoria Act 2003	17
Part 3.10	Civil Law (Sale of Residential Property) Regulation 2004	25
Part 3.11	Construction Occupations (Licensing) Regulation 2004	25
Part 3.12	Coroners Act 1997	27
Part 3.13	Corrections Management Act 2007	29
Part 3.14	Crimes Act 1900	30
Part 3.15	Crimes (Child Sex Offenders) Act 2005	31
Part 3.16	Crimes (Child Sex Offenders) Regulation 2005	31
Part 3.17	Dangerous Goods (Road Transport) Act 2009	32
Part 3.18	Dangerous Substances Act 2004	33
Part 3.19	Discrimination Act 1991	33
Part 3.20	Electoral Act 1992	35
Part 3.21	Electricity Feed-in (Renewable Energy Premium) Act 2008	36
Part 3.22	Electricity (Greenhouse Gas Emissions) Act 2004	38
Part 3.23	Electricity (Greenhouse Gas Emissions) Regulation 2004	40
Part 3.24	Environment Protection Act 1997	41
Part 3.25	Environment Protection Regulation 2005	42
Part 3.26	Financial Sector Reform (ACT) Act 1999	43
Part 3.27	Firearms Act 1996	45
Part 3.28	Gas Safety Regulation 2001	45
Part 3.29	Gene Technology Act 2003	46
Part 3.30	Health Professionals Regulation 2004	47
Part 3.31	Independent Competition and Regulatory Commission Act 1997	49
Part 3.32	Land Rent Act 2008	52
Part 3.33	Legal Aid Act 1977	52
Part 3.34	Legal Profession Act 2006	53
Part 3.35	Liquor Act 2010	56
Part 3.36	Litter Act 2004	57
Part 3.37	Magistrates Court Act 1930	58
Part 3.38	Mental Health (Treatment and Care) Act 1994	58
Part 3.39	Mental Health (Treatment and Care) Regulation 2003	60
Part 3.40	Ombudsman Act 1989	61
Part 3.41	Planning and Development Act 2007	64
Part 3.42	Planning and Development Regulation 2008	66
Part 3.43	Plant Diseases Act 2002	66
Part 3.44	Protection of Public Participation Act 2008	68
Part 3.45	Public Sector Management Act 1994	68
Part 3.46	Radiation Protection Act 2006	71
Part 3.47	Rates Act 2004	72
Part 3.48	Road Transport (General) Act 1999	73
Part 3.49	Road Transport (Safety and Traffic Management) Regulation 2000	74
Part 3.50	Spent Convictions Act 2000	75
Part 3.51	Surveyors Act 2007	76
Part 3.52	Tobacco Act 1927	76
Part 3.53	Victims of Crime (Financial Assistance) Act 1983	78
Part 3.54	Workers Compensation Act 1951	81
Part 3.55	Work Health and Safety Act 2011	81

Australian Capital Territory
Statute Law Amendment Act 2011 (No 3)
A2011-52

An Act to amend legislation 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 2011 (No 3).
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 legislation 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 the 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.

Schedule 1	Minor amendments
(see s 5)
Part 1.1	Domestic Animals Regulation 2001
[1.1]	Schedule 1, new item 14A
insert
14A	Act, 77	revoke a permit if satisfied that dog or cat is no longer dog or cat to which s 76 (2) applies	applicant for permit	
Explanatory note
This amendment inserts a new item in schedule 1 (which lists reviewable decisions under the Act and regulation) so that a decision by the registrar to revoke a permit to keep a dog or cat that is not de-sexed is reviewable.
Part 1.2	Exhibition Park Corporation Act 1976
[1.2]	Section 9
omit
7, but not more than 9,
substitute
3, but not more than 5,
Explanatory note
This amendment reduces the membership of the Exhibition Park Corporation’s governing board. 
Part 1.3	Intoxicated People (Care and Protection) Act 1994
[1.3]	Section 15 (2) (c) (i)
substitute
	(i)	if the applicant is an individual—a written statement signed by the applicant stating that the applicant has never been bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
[1.4]	Section 23 (1) (a)
substitute
	(a)	if the licensee is an individual—the licensee becomes bankrupt or personally insolvent;
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
[1.5]	Dictionary, note 2
insert
·	bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act and as a consequence of the insertion of the new term in section 15 and section 23 by other amendments. 
Part 1.4	Medicines, Poisons and Therapeutic Goods Act 2008
[1.6]	Section 81 (2) (b)
substitute
	(b)	the individual, or a close associate of the individual, is, or was at any time in the 5-year period before the day the application for the licence is made, bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
[1.7]	Dictionary, note 2
insert
·	bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act and as a consequence of the insertion of the new term in section 81 by another amendment. 
Part 1.5	Medicines, Poisons and Therapeutic Goods Regulation 2008 
[1.8]	Section 644 (1) (c)
substitute
	(c)	if the member becomes bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
Part 1.6	Radiation Protection Act 2006 
[1.9]	Section 71 (c)
substitute
	(c)	if the member becomes bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
[1.10]	Dictionary, note 2
insert
·	bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act and as a consequence of the insertion of the new term in section 71 by another amendment. 
Part 1.7	Tobacco Act 1927 
[1.11]	Section 56 (f) (iii)
substitute
	(iii)	the licensee becomes bankrupt or personally insolvent;
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
Explanatory note
This amendment substitutes language in relation to bankruptcy with the term ‘bankrupt or personally insolvent’, which is defined in the Legislation Act, dictionary, part 1.  The definition covers the range of circumstances in which an individual may be considered bankrupt or insolvent.
[1.12]	Dictionary, note 2
insert
·	bankrupt or personally insolvent
Explanatory note
This amendment inserts a new defined term in the list of terms defined in the Legislation Act and as a consequence of the insertion of the new term in section 56 by another amendment. 

Schedule 2	Legislation Act 2001
(see s 5)
    
[2.1]	Dictionary, part 1, new definitions 
insert
CrimTrac means the CrimTrac agency established under the Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive Agencies).
National Electricity (ACT) Law means the provisions applying in the ACT because of the Electricity (National Scheme) Act 1997, section 5 (Application in ACT of National Electricity Law).
National Electricity (ACT) Regulation means the provisions applying because of the Electricity (National Scheme) Act 1997, section 6 (Application of regulations under National Electricity Law).
Explanatory note
This amendment inserts definitions of terms used in a number of Acts to assist users of legislation.

Schedule 3	Technical amendments
(see s 5)
Part 3.1	Aboriginal and Torres Strait Islander Elected Body Act 2008
[3.1]	Section 11 (2)
omit
Aboriginal person and Torres Strait Islander 
substitute
Aboriginal and Torres Strait Islander person 
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
[3.2]	Dictionary, definition of Aboriginal person or Torres Strait Islander
substitute
Aboriginal or Torres Strait Islander person means a person who—
	(a)	is a descendant of an Aboriginal person or a Torres Strait Islander person; and
	(b)	identifies as an Aboriginal person or a Torres Strait Islander person; and
	(c)	is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
[3.3]	Further amendments, mentions of Aboriginal people and Torres Strait Islanders
omit
Aboriginal people and Torres Strait Islanders
substitute
Aboriginal and Torres Strait Islander people 
in
·	section 3
·	section 8
·	section 10 (1)
·	section 11 (1)
·	section 12 (1)
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
[3.4]	Further amendments, mentions of Aboriginal person or Torres Strait Islander
omit
Aboriginal person or Torres Strait Islander 
substitute
Aboriginal or Torres Strait Islander person
in
·	schedule 1, modification 1.1, new section 33 (2C)
·	schedule 1, modification 1.5, section 103 (1)
·	schedule 1, modification 1.7, section 105 (2A)
·	schedule 1, modification 1.8, section 105 (4) (d) and (da)
·	schedule 1, modification 1.32, section 125A
·	schedule 1, modification 1.34, section 128 (1)
·	schedule 1, modification 1.41, new sections 133A and 133B
·	schedule 1, modification 1.42, new section 134A
·	schedule 1, modification 1.50, section 139 (2)
·	schedule 1, modification 1.54, new section 144B
·	schedule 1, modification 1.80, new section 256 (2) (aa)
·	schedule 1, modification 1.99, clause 6 (2) (d)
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
Part 3.2	ACT Teacher Quality Institute Act 2010
[3.5]	Dictionary, note 2
insert
·	CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act, dictionary, part 1 as a consequence of the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.  
[3.6]	Dictionary, definition of CrimTrac
omit
Explanatory note
This amendment is consequential on the insertion of a definition of the term in the Legislation Act, dictionary, part 1 by another amendment.
Part 3.3	ACT Teacher Quality Institute Regulation 2010
[3.7]	New section 24
insert
24	Expiry—pt 4
This part expires on the day the ACT Teacher Quality Institute Act 2010, part 15 expires.
Explanatory note
This amendment inserts a standard expiry provision for the regulation, part 4, which deals with transitional matters.
Part 3.4	Animal Diseases Regulation 2006
[3.8]	Sections 29 (1) (b) (ii) and 36 (5)
omit
this Act
substitute
this regulation
Explanatory note
This amendment corrects incorrect references to ‘this Act’.
[3.9]	Dictionary, definition of authorised administrator
omit
Stock Diseases Regulation 2004 (NSW), section 35
substitute
Stock Diseases Regulation 2009 (NSW), section 45
Explanatory note
This amendment updates a cross-reference as a consequence of the Stock Diseases Regulation 2004 (NSW) being remade as the Stock Diseases Regulation 2009 (NSW).
Part 3.5	Architects Regulation 2004
[3.10]	Section 2, note 1
omit
this Act
substitute
this regulation
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.11]	Dictionary, note 1
omit
this Act
substitute
this regulation
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.12]	Dictionary, new definitions
insert
architect, for part 3 (Miscellaneous)—see section 11.
contravention, for part 3 (Miscellaneous)—see section 11.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the regulation.
Part 3.6	Auditor-General Act 1996
[3.13]	Section 8 (1) (b) (i)
omit
notified the Minister in writing
substitute
given the Minister written notice
Explanatory note
This amendment updates language to be consistent with the rest of section 8 and current legislative drafting practice.
[3.14]	Section 22 (1) (b)
omit
subsections (1) (e) and (2) (b)
substitute
subsection (1) (b)
Explanatory note
This amendment updates an outdated cross-reference. 
[3.15]	Section 22A (3)
omit
unless the Treasurer is satisfied that that Act, section 18 (1) (c) or (d) prevents the authorisation of the amount.
substitute
if the Treasurer is satisfied of the matters mentioned in that Act, section 18 (2).
Explanatory note
This amendment updates an outdated cross-reference.
[3.16]	Dictionary, definition of protected information
omit
section 32A
substitute
section 33
Explanatory note
This amendment corrects an incorrect cross-reference in a signpost definition of protected information, which is defined in section 33.
Part 3.7	Births, Deaths and Marriages Registration Act 1997
[3.17]	Section 5 (4) (a)
after
chief executive
insert
officer
Explanatory note
Section 5 (4) (a) incorrectly refers to the ‘chief executive’ of a hospital.  Other provisions in the Act refer to the ‘chief executive officer’ of a hospital.  This amendment corrects the reference in section 5 (4) (a). 
Part 3.8	Casino Control Act 2006
[3.18]	Section 28 (2), note
substitute
Note	If the commission is owed an amount by the casino licensee under this division, the commission may recover the amount as a debt owing by the casino licensee to the commission in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.9	Cemeteries and Crematoria Act 2003
[3.19]	Section 6 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.20]	Section 7 (1)
omit
written
Explanatory note
This amendment omits a word that is now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.21]	Section 11 (3)
after
operator
insert
of the cemetery or crematorium
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.
[3.22]	Section 12 (3)
after
The operator
insert
of the cemetery or crematorium
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.
[3.23]	Section 14 (2)
omit
An operator
substitute
The operator of a cemetery or crematorium
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.
[3.24]	Section 14 (2)
omit
for the
substitute
of the
Explanatory note
This amendment substitutes words to correct a reference to the perpetual care trust ‘for’ a cemetery or crematorium.  All other references in the Act are to the perpetual care trust ‘of’ a cemetery or crematorium.
[3.25]	Section 15 (3)
after
an operator
insert
of the cemetery or crematorium
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.
[3.26]	Section 16A (1)
omit
does not
substitute
fails to
Explanatory note
This amendment updates language used in an offence provision, in line with current legislative drafting practice.
[3.27]	Section 16A (2)
omit everything before paragraph (a), substitute
	(2)	The operator of a cemetery or crematorium commits an offence if the operator fails to keep the accounts and records—
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.  It also updates language used in an offence provision, and the structure of the provision, in line with current legislative drafting practice.
[3.28]	Section 16A (2) (a) to (d)
omit
keep the accounts and records
Explanatory note
This amendment omits words that are moved to the opening words of the provision by the previous amendment.
[3.29]	Section 16B (2)
omit
The operator commits an offence if the operator does not
substitute
The operator of a cemetery or crematorium commits an offence if the operator fails to 
Explanatory note
This amendment inserts words to make the reference to an operator of a cemetery or crematorium consistent with the definition of operator in the dictionary to the Act and other references to operators of cemeteries or crematoria in the Act.  It also updates language used in an offence provision, in line with current legislative drafting practice.
[3.30]	Section 18 heading
substitute
18	Offence—failing to end contravention
Explanatory note
This amendment updates the heading of an offence provision, in line with current legislative drafting practice.
[3.31]	Section 20 heading
substitute
20	Person must not bury or cremate human remains or foetal remains except in accordance with regulation
Explanatory note
This amendment adds ‘foetal remains’ to the section’s heading to bring it into line with the section’s content.
[3.32]	Section 23 heading
substitute
23	Exhumation of human remains or foetal remains
Explanatory note
This amendment adds ‘foetal remains’ to the section’s heading to bring it into line with the section’s content.
[3.33]	Section 23 (2)
after
human
insert
remains
Explanatory note
This amendment makes the reference to human remains consistent with all other references in the Act.
[3.34]	Section 27 (3)
after
if
insert
the doctor
Explanatory note
This amendment updates the structure of the offence provision, in line with current legislative drafting practice.
[3.35]	Section 27 (3) (a)
omit
the doctor
Explanatory note
This amendment omits words that are moved to the opening words of the provision by the previous amendment.
[3.36]	Section 27 (3) (b)
omit everything before subparagraph (i), substitute
	(b)	knows that—
Explanatory note
This amendment omits words that are moved to the opening words of the provision by an earlier amendment.
[3.37]	Section 28A (1)
omit
in writing
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.38]	Sections 49 (1) and 50 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.39]	Section 51 (2)
omit
relation to—
substitute
relation to the following:
Explanatory note
This amendment updates the provision to bring it into line with current legislative drafting practice.
[3.40]	Section 51 (2) (a) and (b)
omit
crematoria; and
substitute
crematoria;
Explanatory note
This amendment omits the conjunctions used in 2 of the section’s paragraphs, as a consequence of adding ‘the following’ to the opening words of the provision by the previous amendment.
[3.41]	Section 51 (2) (c) and (d)
omit
cremations; and
substitute
cremations;
Explanatory note
This amendment omits the conjunctions used in 2 of the section’s paragraphs, as a consequence of adding ‘the following’ to the opening words of the provision by an earlier amendment.
[3.42]	Section 51 (3)
substitute
	(3)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
Explanatory note
This amendment updates the provision to bring it into line with current legislative drafting practice.
[3.43]	Dictionary, note 2
omit
·	authorised deposit-taking institution
Explanatory note
This amendment omits a reference to a term that is no longer used in the Act.
[3.44]	Dictionary, definition of ADI
omit
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act.
Part 3.10	Civil Law (Sale of Residential Property) Regulation 2004
[3.45]	Section 7 heading
substitute
7	Building and compliance inspection report—Act, dictionary, def building and compliance inspection report
Explanatory note
This amendment corrects an incorrect cross-reference. 
[3.46]	Section 10 heading
substitute
10	Pest inspection report—Act, dictionary, def pest inspection report
Explanatory note
This amendment corrects an incorrect cross-reference. 
Part 3.11	Construction Occupations (Licensing) Regulation 2004
[3.47]	Section 13 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.48]	Schedule 1, part 1.1, item 2, column 3
omit
this Act
substitute
the Act
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.49]	Schedule 4, item 19
substitute
19	Act, 97	give notice of licence suspension without opportunity to make representations 	person whose licence suspended	
19A	Act, 98	give notice of licence disqualification without opportunity to make representations 	person whose licence disqualified	
Explanatory note
Item 19 currently refers to a decision under the Act, section 97 to give notice of licence suspension or disqualification without opportunity to make representations.  However, a decision to give notice of licence disqualification is made under the Act, section 98.  This amendment replaces item 19 with 2 new items that refer to the correct decisions under the 2 provisions.
[3.50]	Dictionary, definition of bonded asbestos
substitute
bonded asbestos—see the Building (General) Regulation 2008, dictionary.
Explanatory note
This amendment updates a cross-reference.
[3.51]	Dictionary, definition of friable asbestos
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.12	Coroners Act 1997
[3.52]	Sections 69, 70 and 75
omit
Aboriginal person or Torres Strait Islander 
substitute
Aboriginal or Torres Strait Islander person 
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
[3.53]	Dictionary, definition of Aboriginal person
omit
Explanatory note
This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.
[3.54]	Dictionary, new definition of Aboriginal or Torres Strait Islander person 
insert
Aboriginal or Torres Strait Islander person means a person who—
	(a)	is a descendant of an Aboriginal person or a Torres Strait Islander person; and
	(b)	identifies as an Aboriginal person or a Torres Strait Islander person; and
	(c)	is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Explanatory note
This amendment inserts a new definition of Aboriginal and Torres Strait Islander person in line with current legislative drafting practice.
[3.55]	Dictionary, definition of immediate family, paragraph (b)
omit
Aboriginal person or Torres Strait Islander 
substitute
Aboriginal or Torres Strait Islander person 
Explanatory note
This amendment updates references to Aboriginal and Torres Strait Islander people in line with current legislative drafting practice.
[3.56]	Dictionary, definition of Torres Strait Islander
omit
Explanatory note
This amendment is consequential on the insertion of a definition of Aboriginal or Torres Strait Islander person by another amendment.
Part 3.13	Corrections Management Act 2007
[3.57]	Chapter 50
omit
Explanatory note
This amendment omits a redundant chapter that dealt with transitional matters.  Chapter 50 contains only 1 provision, which defines commencement day for chapter 50.
[3.58]	Dictionary, new definitions 
insert
director-general, for chapter 4 (Detention in police and court cells etc)—see section 29.
young detainee, for chapter 4 (Detention in police and court cells etc)—see the Children and Young People Act 2008, section 95.
Explanatory note
This amendment inserts signpost definitions for a term defined elsewhere in the Act and a term defined in another Act.
Part 3.14	Crimes Act 1900
[3.59]	Section 7A, note 1
insert
·	s 35A (Affray)
·	s 63A (Bestiality)
·	s 171 (Prescribing and supplying anabolic steroids)
·	s 172 (Possessing anabolic steroids)
·	s 173 (Administering anabolic steroids)
Explanatory note
Section 7A, note 1 lists the offences in the Act to which the Criminal Code, chapter 2 applies.  The Criminal Code, chapter 2 sets out the general principles of criminal responsibility (including burdens of proof and general defences) and defines terms used for offences to which the Code applies.  This amendment updates the list by adding a number of offences that have been included in the Act.
[3.60]	Sections 254 (1) and 443 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
Part 3.15	Crimes (Child Sex Offenders) Act 2005
[3.61]	Section 137 (2) (f) (iv)
omit
person who has a disability
substitute
person with a disability
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.16	Crimes (Child Sex Offenders) Regulation 2005
[3.62]	Section 16A (2), definition of law enforcement agency, paragraph (c)
substitute
	(c)	CrimTrac;
Explanatory note
This amendment is consequential on the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.
[3.63]	Dictionary, note 2
insert
·	CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act, dictionary, part 1 as a consequence of the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.  
Part 3.17	Dangerous Goods (Road Transport) Act 2009
[3.64]	Section 84 (6), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.65]	Section 103 (2), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.18	Dangerous Substances Act 2004
[3.66]	Section 181 (3), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment updates the note and adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.19	Discrimination Act 1991
[3.67]	Section 51 (1)
omit
students who have a disability
substitute
students with a disability
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.68]	Sections 51 (2) and 52 (1) (a)
omit
person who has a disability
substitute
person with a disability
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.69]	Section 54
omit
person who has a disability
substitute
person with a disability
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.70]	Section 109 (1)
omit
in writing
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.71]	Section 109 (2)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
Part 3.20	Electoral Act 1992
[3.72]	Section 77 (3), new note
insert
Note 2	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Explanatory note
This amendment inserts a standard note about statutory declarations.
[3.73]	Section 79 (2)
omit
affirms
substitute
confirms
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.21	Electricity Feed-in (Renewable Energy Premium) Act 2008
[3.74]	Section 5F (3), new definitions
insert
customer contract—see the Utilities Act 2000, dictionary. 
occupier, of premises, means the person to whom electricity for the premises is supplied under a customer contract.
Explanatory note
This amendment—
·	relocates from the dictionary the definition of occupier because the term is used only in section 5F; and
·	revises the definition to be more consistent with the terminology of the Utilities Act 2000; and
·	inserts a new definition of customer contract as a consequence of the revision of the definition of occupier. 
These changes are in line with current legislative drafting practice.  The definitions of customer and occupier are omitted from the dictionary by another amendment.
[3.75]	Dictionary, note 2
insert
·	National Electricity (ACT) Law
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.76]	Dictionary, definition of customer
omit
Explanatory note
This amendment is consequential on the revision and relocation to section 5F of the definition of occupier by another amendment.
[3.77]	Dictionary, new definition of eligible entity
insert
eligible entity—see section 5F (1).
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.78]	Dictionary
omit the following definitions
National Electricity (ACT) Law
occupier
Explanatory note
This amendment is consequential on—
·	the revision and relocation to section 5F of the definition of occupier by another amendment; and
·	the insertion of a definition of National Electricity (ACT) Law  in the Legislation Act, dictionary, part 1 by another amendment.
Part 3.22	Electricity (Greenhouse Gas Emissions) Act 2004
[3.79]	Section 4, note 1
substitute
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 in this Act.
For example, the signpost definition ‘benchmark participant—see  section 9.’ means that the term ‘benchmark participant’ is defined in that section.
Explanatory note
This amendment is consequential on the omission of the definition of National Electricity (ACT) Law from the dictionary by another amendment.  A definition of National Electricity (ACT) Law is included in the Legislation Act, dictionary, part 1 by another amendment.
[3.80]	New section 9 (3)
insert
	(3)	In this section:
large customer means a customer (other than a retail supplier) who uses—
	(a)	100 gigawatt hours or more of electricity at a single site in the ACT in a year; or
	(b)	100 gigawatt hours or more of electricity at 2 or more sites in the ACT in a year, at least 1 of which uses 50 gigawatt hours or more of electricity in the year.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 9, in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment.
[3.81]	Section 16 (4), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.82]	Dictionary, note 2
insert
·	National Electricity (ACT) Law
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.83]	Dictionary
omit the following definitions
large customer
National Electricity (ACT) Law
Explanatory note
This amendment is consequential on—
·	the inclusion of a definition of large customer in section 9 by another amendment; and
·	the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.84]	Further amendments, mentions of , in writing,
omit
, in writing, 
in
·	section 13 (1)
·	sections 45 and 46
·	section 50 (3)
·	section 52 (3) (b)
·	section 61 (1)
·	sections 64 and 65
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
Part 3.23	Electricity (Greenhouse Gas Emissions) Regulation 2004
[3.85]	Section 15 (5), definition of National Electricity (ACT) Law
omit
Explanatory note
This amendment is consequential on the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.86]	Dictionary, note 2
insert
·	National Electricity (ACT) Law
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Regulation.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.87]	Dictionary, definition of supplier
omit
Explanatory note
This amendment omits a redundant definition.  The term is not used in the regulation.  The term ‘retail supplier’ is used in the regulation, defined in the Electricity (Greenhouse Gas Emissions) Act 2004 and included as a dot point in the dictionary, note 3, which lists examples of terms that are defined in that Act and used in the regulation.
Part 3.24	Environment Protection Act 1997
[3.88]	Section 162 (1), new note
insert
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Explanatory note
This amendment inserts a standard note about statutory declarations.
[3.89]	Schedule 1, section 1.1, definition of National Electricity (ACT) Law
omit
This amendment is consequential on the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.90]	Dictionary, note 2
insert
·	National Electricity (ACT) Law
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
Part 3.25	Environment Protection Regulation 2005
[3.91]	Further amendments, mentions of , in writing,
omit
, in writing,
in
·	section 19 (2)
·	section 64 (2)
·	section 66 (2)
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.92]	Section 69 (4)
omit
this Act
substitute
this regulation
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.93]	Dictionary, note 3
omit
·	general environmental duty
·	pollute
Explanatory note
Dictionary, note 3 lists examples of terms used in the regulation that are defined in the Act, dictionary. This amendment omits terms that are not used in the regulation.
Part 3.26	Financial Sector Reform (ACT) Act 1999 
Explanatory note
The Financial Sector Reform (ACT) Act 1999, in conjunction with complementary Commonwealth and state legislation, transferred the regulation of building societies and credit unions to the Commonwealth.  Since then, the transfer of the business of authorised deposit‑taking institutions has been covered by the Financial Sector (Transfers of Business) Act 1999 (Cwlth) (renamed as the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth) by the Financial Sector Legislation Amendment (Restructures) Act 2007 (Cwlth)).  As a consequence of the Commonwealth Act applying to the Territory,  the Financial Sector Reform (ACT) Act 1999 was repealed, while saving the effect of transitional provisions. However, for facilitation of transfers of business under the Commonwealth Act, particular provisions are still required to be enacted in the State or Territory in which the transferring body is established and the State or Territory in which the receiving body is established (see the Commonwealth Act, s 14).  The repealed Act contained those provisions for the ACT.
The following amendments restore the operation of the Financial Sector Reform (ACT) Act 1999 in the ACT from the moment after the repeal took effect (at the end of 18 September 2002).
[3.94]	Revival of Financial Sector Reform (ACT) Act 1999
	(1)	The Financial Sector Reform (ACT) Act 1999 (the repealed Act) as in force immediately before its repeal is revived as if the repealed Act had not been repealed.
	(2)	The revival of the repealed Act is taken to take effect at the beginning of 18 September 2002.
[3.95]	Part 4
omit
Explanatory note
This amendment is consequential on the revival of the Financial Sector Reform (ACT) Act 1999 by another amendment.  The Act, part 4 contains transitional provisions, any remaining ongoing operation of which is saved by the application of the Legislation Act, section 88.
[3.96]	Dictionary, definition of FS(TB) Act
substitute
FS(TB) Act means the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth).
Explanatory note
This amendment is consequential on the revival of the Financial Sector Reform (ACT) Act 1999 and on the renaming of the Financial Sector (Transfers of Business) Act 1999 (Cwlth) as the Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth). 
Part 3.27	Firearms Act 1996
[3.97]	Section 18 (2), definition of law enforcement agency, paragraph (e)
substitute
	(e)	CrimTrac;
Explanatory note
This amendment is consequential on the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.
[3.98]	Dictionary, note 2
insert
·	CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act, dictionary, part 1 as a consequence of the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.  
Part 3.28	Gas Safety Regulation 2001
[3.99]	Section 3, note 1
omit
‘gas distributor—see the Utilities Act 2000, dictionary.’ means that the term ‘gas distributor’
substitute
‘gas distribution network—see the Utilities Act 2000, section 10 (2).’ means that the term ‘gas distribution network’
Explanatory note
This amendment replaces an example of a signpost definition due to the definition used for the original example no longer being used in the regulation.
[3.100]	Dictionary, note 1
omit
this Act
substitute
this regulation
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.101]	Dictionary, definition of gas distribution network
substitute
gas distribution network—see the Utilities Act 2000, section 10 (2).
Explanatory note
This amendment updates a definition in line with current legislative drafting style.
[3.102]	Dictionary, definition of gas distributor
omit
Explanatory note
This amendment omits a redundant definition.
Part 3.29	Gene Technology Act 2003
[3.103]	Section 146 (5), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment updates the note.
[3.104]	Section 158 (4), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment updates the note.
Part 3.30	Health Professionals Regulation 2004
[3.105]	Section 48 (1)
omit 1st mention of
, in writing
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.106]	Section 131 (4)
omit
must be in writing, and
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.107]	Section 157B (4)
omit
this Act
substitute
this regulation
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.108]	Further amendments, mentions of , in writing,
omit
, in writing,
in
·	section 33 (1)
·	section 51 (1)
·	section 52 (1)
·	section 57 (1)
·	section 134 (3)
·	section 157C (1)
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
Part 3.31	Independent Competition and Regulatory Commission Act 1997
[3.109]	Section 10A
omit
chief executive must
substitute
director-general must
Explanatory note
This amendment replaces references to ‘chief executive’ with ‘director-general’ as a consequence of amendments of the Public Sector Management Act 1994 by the Public Sector Management (One ACT Public Service) Amendment Act 2011, which recast chief executives as directors-general.
[3.110]	Section 10B (2), new definition of commission secretariat
insert
commission secretariat means—
	(a)	the chief executive officer; and
	(b)	the other staff of the commission.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 10B.  This is in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment.
[3.111]	New section 23 (3)
insert
	(3)	In this section:
protected confidential information means confidential information the commission does not have the power to disclose under section 46 or under any law of the Territory other than this Act.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 23.  This is in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment.
[3.112]	Dictionary, note 2
insert
·	director-general (see s 163)
·	National Electricity (ACT) Law
·	National Electricity (ACT) Regulation
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts 3 new defined terms in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law and National Electricity (ACT) Regulation in the Legislation Act, dictionary, part 1 by another amendment and the insertion of a definition of director-general in that dictionary, part 1 by the Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011.
[3.113]	Dictionary, definition of commission secretariat
omit
Explanatory note
This amendment is consequential on the inclusion of a definition of commission secretariat in section 10B.
[3.114]	Dictionary, definition of legislation review principles
omit
Explanatory note
This amendment omits a redundant definition.  The term is used only in section 19J, which refers to the principles as set out in schedule 1.
[3.115]	Dictionary, definitions of National Electricity (ACT) Law and National Electricity (ACT) Regulations
omit
This amendment is consequential on the insertion of definitions of National Electricity (ACT) Law and National Electricity (ACT) Regulation in the Legislation Act, dictionary, part 1 by another amendment.
[3.116]	Dictionary, definition of protected confidential information
omit
Explanatory note
This amendment is consequential on the inclusion of a definition of protected confidential information in section 23.
[3.117]	Further amendments, mentions of declared fee
omit
under section 4C (Declared fees to be passed on to consumers)
in
·	section 17 (5)
·	section 19J (2)
·	section 20 (3)
·	section 24C (4)
·	section 24H (2)
Explanatory note
This amendment omits unnecessary references to section 4C.  The term declared fee is defined in the dictionary to mean a fee declared under section 4C.
Part 3.32	Land Rent Act 2008
[3.118]	Section 23 (1), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment updates the note and adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.33	Legal Aid Act 1977
[3.119]	Section 33 (8), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.120]	Section 35C (2), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment  updates the note and adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.34	Legal Profession Act 2006
[3.121]	Section 287 (5), note
substitute
Note	An amount that is required to be repaid under s (3), (4) or (5) may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.122]	Dictionary, definition of associated third party payer
substitute
associated third party payer, for part 3.2 (Costs disclosure and assessment)—see section 261A.
Explanatory note
This amendment revises the definition to be consistent with current legislative drafting practice. 
[3.123]	Dictionary, definition of client, new paragraph (aa)
insert
	(aa)	for division 3.2.7 (Costs assessment)—see section 294; and
Explanatory note
This amendment inserts a new paragraph containing a signpost to a definition of client in section 294.
[3.124]	Dictionary, definition of compliance certificate
substitute
compliance certificate—see section 30 (Compliance certificates by admissions board).
Explanatory note
This amendment corrects a cross-reference.
[3.125]	Dictionary, definition of contributory
substitute
contributory mortgage, for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
Explanatory note
This amendment corrects a signpost definition.
[3.126]	Dictionary, new definitions 
insert
deposit record—see section 210 (1).
insurable barrister, for part 3.3 (Professional indemnity insurance)—see section 308.
insurable legal practitioner, for part 3.3 (Professional indemnity insurance)—see section 308.
insurable solicitor, for part 3.3 (Professional indemnity insurance)—see section 308.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.  
[3.127]	Dictionary, definition of occupier
after
occupier,
insert
of premises,
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.128]	Dictionary, definition of official complaint
omit
44
substitute
4
Explanatory note
This amendment corrects a cross-reference.
[3.129]	Dictionary, new definition of public authority
insert
public authority, for part 3.2 (Costs disclosure and assessment)—see section 261.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act.
[3.130]	Further amendments, new note
insert
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
in
·	section 172 (5)
·	section 502 (1) (b)
·	section 525 (1) (b)
·	section 526 (1)
Explanatory note
This amendment inserts a standard note about statutory declarations.
Part 3.35	Liquor Act 2010
[3.131]	Section 179 (1), new note
insert
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Explanatory note
This amendment inserts a standard note about statutory declarations.
[3.132]	Dictionary, note 2
insert
·	CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act, dictionary, part 1 as a consequence of the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.  
[3.133]	Dictionary, definition of police certificate
omit
the Commonwealth CrimTrac agency 
substitute
CrimTrac
Explanatory note
This amendment is consequential on the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.
Part 3.36	Litter Act 2004
[3.134]	Section 21 (4), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.135]	Section 23, note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.136]	Section 24B (1), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.37	Magistrates Court Act 1930
[3.137]	Section 291L, definition of Aboriginal or Torres Strait Islander offender
omit
Aboriginal person or Torres Strait Islander 
substitute
Aboriginal or Torres Strait Islander person 
Explanatory note
This amendment updates a reference to an Aboriginal or Torres Strait Islander person in line with current legislative drafting practice.
Part 3.38	Mental Health (Treatment and Care) Act 1994
[3.138]	Section 16 (1) (d)
omit
Crimes Act 1900
substitute
Crimes Act
Explanatory note
The term Crimes Act is defined in the dictionary to mean the Crimes Act 1900.  This amendment substitutes a reference to ‘Crimes Act 1900’ with the defined term, consistent with current legislative drafting practice.
[3.139]	New section 48C (3)
insert
	(3)	An agreement under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
Explanatory note
This amendment relocates from the Mental Health (Treatment and Care) Regulation 2003, section 5 the requirement under that section for an agreement under section 48C (1) be a notifiable instrument.  This is consistent with current legislative drafting practice.  Section 5 is omitted from the Mental Health (Treatment and Care) Regulation 2003 by another amendment.
[3.140]	Section 68 (1) 
omit
Crimes Act 1900
substitute
Crimes Act
Explanatory note
The term Crimes Act is defined in the dictionary to mean the Crimes Act 1900.  This amendment substitutes a reference to ‘Crimes Act 1900’ with the defined term, consistent with current legislative drafting practice.
[3.141]	Dictionary, note 2
omit
·	magistrate
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment omits a redundant term.
[3.142]	Dictionary, note 2
omit
·	make
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment omits a term that is not used in the Act in the context in which it is defined in the Legislation Act. 
[3.143]	Dictionary, note 2
insert
·	nurse practitioner
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a term to assist users of legislation.  
Part 3.39	Mental Health (Treatment and Care) Regulation 2003
[3.144]	Section 5 
omit
Explanatory note
Section 5 provides that an agreement under the Mental Health (Treatment and Care) Act 1994, section 48C is a notifiable instrument.  The usual drafting legislative practice is for a provision of that kind to be located in the empowering provision for the instrument.  This amendment is consequential on the insertion, by another amendment, of a new subsection in the Act, section 48C to provide that an agreement under that section is a notifiable instrument.
Part 3.40	Ombudsman Act 1989
[3.145]	Section 2, note 1
substitute
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 ‘child sex offenders register—see the Crimes (Child Sex Offenders) Act 2005, section 117.’ means that the term ‘child sex offenders register’ is defined in that section and the definition applies to this Act.
Explanatory note
This amendment updates the note to include a different example of a signpost definition.  The current example, ‘National Electricity (ACT) Law’ is omitted from the dictionary by another amendment.
[3.146]	New section 13 (6)
insert
	(6)	In this section:
taking of action includes the following:
	(a)	making a decision or recommendation; 
	(b)	formulating a proposal;
	(c)	failing to—
	(i)	take an action; or
	(ii)	make a decision; or
	(iii)	make a recommendation; or
	(iv)	formulate a proposal.
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 13, in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment.
[3.147]	Section 37 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
[3.148]	Dictionary, note 2
insert
·	National Electricity (ACT) Law
Explanatory note
Dictionary, note 2 lists examples of terms that are included in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act as a consequence of the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.149]	Dictionary, new definition of child sex offenders register
insert
child sex offenders register—see the Crimes (Child Sex Offenders) Act 2005, section 117. 
Explanatory note
This amendment inserts a signpost definition for a term used in the Act and defined in the Crimes (Child Sex Offenders) Act 2005.
[3.150]	Dictionary, definition of National Electricity (ACT) Law 
omit
Explanatory note
This amendment is consequential on the insertion of a definition of National Electricity (ACT) Law in the Legislation Act, dictionary, part 1 by another amendment.
[3.151]	Dictionary, definition of responsible Minister
substitute
responsible Minister means—
	(a)	in relation to an agency—the Minister responsible for the agency; or
	(b)	in relation to a prescribed authority mentioned in the definition of prescribed authority, paragraph (c)—the Minister administering the enactment concerned; or
	(c)	in relation to a prescribed authority mentioned in the definition of prescribed authority, paragraph (b) or (d)—the Minister declared by regulation to be the responsible Minister for that authority; or
	(d)	another Minister acting for and on behalf of a Minister mentioned in paragraph (a), (b) or (c).
Explanatory note
This amendment updates the definition in line with current legislative drafting practice.
[3.152]	Dictionary, definition of taking of action
omit
Explanatory note
This amendment is consequential on the inclusion of a definition of taking of action in section 13.
Part 3.41	Planning and Development Act 2007
[3.153]	Section 138AC (1), note
substitute
Note 	The costs may be recovered in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.154]	Section 224B (1), note
substitute
Note 	The costs may be recovered in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.155]	Section 233, note 1
substitute
Note 1	The costs may be recovered in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.156]	Section 277B (2)
omit
applicant
substitute
applicant for the development application
Explanatory note
This amendment makes it clear that the intended applicant is the applicant for the development application mentioned in section 277B (1) (a).
[3.157]	Section 279 (3) (c)
omit
declaration
substitute
regulation
Explanatory note
This amendment corrects an incorrect reference.
[3.158]	Section 371, note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.42	Planning and Development Regulation 2008
[3.159]	Schedule 1, section 1.110 (2), definition of previously approved, paragraph (c) 
omit
this Act
substitute
the Act
Explanatory note
This amendment updates an incorrect reference to ‘this Act’.
[3.160]	Dictionary, definition of existing school
substitute
existing school, for schedule 1, division 1.3.6A (Exempt developments—schools)—see schedule 1, section 1.96A.
Explanatory note
This amendment corrects a cross-reference.
Part 3.43	Plant Diseases Act 2002
[3.161]	Section 6 (1), definition of insect
after paragraph (c), insert
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 inserts an example note after a definition that includes several examples.
[3.162]	New section 9 (3)
after the note, insert
	(3)	In this section:
goods includes all kinds of movable property.
Explanatory note
This amendment relocates from the dictionary a definition of a term used only in section 9, in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment. 
[3.163]	Dictionary, definition of goods
omit
Explanatory note
This amendment omits a definition as a consequence of the relocation of the definition to section 9 by another amendment.
[3.164]	Further amendments, mentions of , in writing,
omit
, in writing,
in
·	section 5 (2)
·	section 6 (3)
·	section 7 (2)
·	section 8 (1)
·	section 10 (1)
·	section 12 (1)
·	section 15 (1)
·	section 39 (1)
·	section 40 (1)
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
Part 3.44	Protection of Public Participation Act 2008
[3.165]	Section 9 (3), note
omit
Explanatory note
This amendment omits an unnecessary note.
Part 3.45	Public Sector Management Act 1994
[3.166]	Section 39, definition of designated group, paragraph (a)
substitute
	(a)	an Aboriginal or Torres Strait Islander person;
Explanatory note
This amendment updates a reference to an Aboriginal or Torres Strait Islander person in line with current legislative drafting practice.
[3.167]	Section 39, definition of designated group, paragraph (d)
substitute
	(d)	a person with a disability.
Explanatory note
This amendment updates a reference to a person with a disability in line with current legislative drafting practice.
[3.168]	Section 56 (4)
omit
Subject to section 127 (2), an
substitute
An
Explanatory note
This amendment omits a reference to a provision that has been omitted.
[3.169]	Section 63 (3)
omit
Explanatory note
This amendment omits a redundant provision. Section 63 (3) refers to the allowing or disallowing of an appeal under section 85.  Section 85 currently deals with appeals by excess officers in relation to promotions to an appellable level position.
[3.170]	Section 63 (4) (b)
substitute
	(b)	the appeal lapses under section 89 or section 90; or
Explanatory note
This amendment updates cross-references.  
[3.171]	Section 65 (6), definition of identified position, paragraphs (a) and (b)
substitute
	(a)	an Aboriginal or Torres Strait Islander person;
	(b)	a person with a disability.
Explanatory note
This amendment updates references to an Aboriginal or Torres Strait Islander person and a person with a disability in line with current legislative drafting practice.
[3.172]	Section 98 (2)
omit everything before paragraph (a), substitute
	(2)	If an officer is promoted under section 83 or transferred under section 92 to a training office, another officer—
Explanatory note
This amendment updates cross-references.  
[3.173]	Section 98 (9)
omit
promoting or transferring an officer under section 83 
substitute
promoting an officer under section 83, or transferring an officer under section 92,
Explanatory note
This amendment updates cross-references.  
[3.174]	Section 98 (10) and (11)
omit
section 83 
substitute
section 92
Explanatory note
This amendment updates cross-references.  
[3.175]	Dictionary, definition of Aboriginal person or Torres Strait Islander
substitute
Aboriginal or Torres Strait Islander person means a person who—
	(a)	is a descendant of an Aboriginal person or a Torres Strait Islander person; and
	(b)	identifies as an Aboriginal person or a Torres Strait Islander person; and
	(c)	is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
Explanatory note
This amendment updates the definition of Aboriginal or Torres Strait Islander person in line with current legislative drafting practice.
Part 3.46	Radiation Protection Act 2006
[3.176]	Section 44, note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.177]	Section 46, note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.178]	Sections 120 and 121
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
Part 3.47	Rates Act 2004
[3.179]	Section 55 (2), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment updates the note and adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
[3.180]	Dictionary, new definition of special disability trust
insert 
special disability trust, for part 7 (Deferral and rebates)—see the Social Security Act 1991, (Cwlth), section 1209L.
Explanatory note
This amendment inserts a signpost definition for a term defined elsewhere in the Act. 
[3.181]	Further amendments, mentions of , in writing,
omit
, in writing,
in
·	section 23 (2)
·	section 41 (1)
·	section 78 (1)
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
Part 3.48	Road Transport (General) Act 1999
[3.182]	Section 36 (2), note 1
omit
Explanatory note
This amendment omits a redundant note referring readers to the Legislation Act, part 19.5 for the service of documents under the Act.  The Road Transport (General) Regulation 2000, section 9B expressly displaces the Legislation Act, section 250 (1) (When document taken to be served).
[3.183]	Dictionary, new note
insert
Note 2A	This dictionary defines some key words and expressions that may not be used in this Act but are used in other road transport legislation.
Explanatory note
This amendment inserts a new note to assist users of road transport legislation.
Part 3.49	Road Transport (Safety and Traffic Management) Regulation 2000
[3.184]	Section 66 (1)
omit
, in writing
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.185]	Section 75A (2) 
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.186]	Section 75B (1)
omit
written
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable instruments to be in writing.
[3.187]	Section 103A (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires notifiable instruments to be in writing.
Part 3.50	Spent Convictions Act 2000
[3.188]	Dictionary, note 2
insert
·	CrimTrac
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act, dictionary, part 1 (where terms commonly used in legislation are defined) and used in this Act.  This amendment inserts a new defined term in the list of terms defined in the Legislation Act, dictionary, part 1 as a consequence of the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.  
[3.189]	Dictionary, definition of law enforcement agency, paragraph (e)
substitute
	(e)	CrimTrac;
Explanatory note
This amendment is consequential on the insertion of a definition of CrimTrac in the Legislation Act, dictionary, part 1 by another amendment.
Part 3.51	Surveyors Act 2007
[3.190]	Section 48 (4), note
substitute
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Explanatory note
This amendment adds a reference to the ACAT in the note, as the Legislation Act, section 177 also allows recovery of a debt in the ACAT.
Part 3.52	Tobacco Act 1927
[3.191]	Section 4 (2), new definition of carton
insert
carton means a package containing packages of a smoking product, or a package designed to contain packages of a smoking product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars).
Explanatory note
This amendment relocates from the dictionary a definition of a term that is used only in section 4.  This is in line with current legislative drafting practice.  The definition is omitted from the dictionary by another amendment.
[3.192]	Section 59 (1), (2) (a) and (b)
omit
commissioner
substitute
ACAT
Explanatory note
This amendment corrects incorrect cross-references.  Under section 58 (2), the ACAT may make an order suspending a licensee’s licence (see section 58 (2) (b)) or cancelling a licensee’s licence (see section 58 (2) (c)).
[3.193]	Sections 70 (2) and 72A (1)
omit
, in writing,
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act, section 42 (2), which requires disallowable and notifiable instruments to be in writing.
[3.194]	Dictionary, definition of carton
omit
Explanatory note
This amendment is consequential on the inclusion of a definition of carton in section 4.
Part 3.53	Victims of Crime (Financial Assistance) Act 1983
[3.195]	New section 16 (2)
insert
	(2)	In this section:
close family member, in relation to a deceased primary victim, means a person who had a genuine personal relationship with the victim at the time of the victim’s death, and who was, at that time—
	(a)	the domestic partner of the victim; or
Note	For the meaning of domestic partner, see the Legislation Act, s 169.
	(b)	a parent, guardian or step-parent of the victim; or
	(c)	a child or stepchild of the victim, or some other child of whom the victim is the guardian; or
	(d)	a brother, sister, stepbrother, stepsister, half-brother or half‑sister of the victim. 
dependant, in relation to a deceased primary victim, means—
	(a)	a person who was wholly or partly dependent for economic support on the victim at the time of the victim’s death; or
	(b)	a person who would have been wholly or partly dependent for economic support on the victim’s income at the time of the victim’s death but for the incapacity of the victim because of the criminal injury that resulted in the victim’s death; or
	(c)	a child of the victim born after the victim’s death who would have been a dependant of the victim under paragraph (a) or (b) if he or she had been born before the victim’s death.
guardian does not include the director-general responsible for administering the Children and Young People Act 2008 or any other person who is a guardian because of the person’s occupation of a statutory office, whether within the ACT or elsewhere.
Explanatory note
This amendment relocates from the dictionary definitions of terms that are mentioned only in section 16, consistent with current legislative drafting practice.  The relocated definitions are omitted from the dictionary by another amendment.
[3.196]	Section 27 (1) (a), new note
insert
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Explanatory note
This amendment inserts a standard note about statutory declarations.
[3.197]	Section 37 (3), new definition of sexual crime
insert
sexual crime means any of the following offences:
	(a)	an offence against the Crimes Act 1900, part 3 (an ACT sexual offence);
	(b)	an offence against a law of the Commonwealth, a State or another Territory corresponding to an ACT sexual offence;
	(c)	an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (b).
Note	A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
Explanatory note
This amendment relocates from the dictionary a definition of a term that is mentioned only in section 37, consistent with current legislative drafting practice.  The relocated definition is omitted from the dictionary by another amendment.
[3.198]	Section 61A, note
omit
Explanatory note
This amendment omits an unnecessary note.
[3.199]	Dictionary
omit the definitions of
close family member
dependant
guardian
sexual crime
Explanatory note
This amendment is consequential on the insertion of definitions of close family member, dependant and guardian in section 16 and the insertion of a definition of sexual crime in section 37.
Part 3.54	Workers Compensation Act 1951
[3.200]	Dictionary, new definition of CPI
insert
CPI, for chapter 4 (Entitlement to compensation)—see section 20.
Explanatory note
This amendment inserts a signpost definition for a term defined in section 20.
[3.201]	Dictionary, definition of registered auditor
omit
Explanatory note
This amendment omits a redundant definition.  The term is no longer used in the Act.
Part 3.55	Work Health and Safety Act 2011
[3.202]	Section 52 (3) (d)
omit
Explanatory note
The Act is based on national model legislation prepared under the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety.  Section 52 (3) (d) provides that one of the purposes of negotiations for work groups is to determine the businesses and undertakings to which the work groups will apply.  Section 52 (3) (d) has been removed from the national model and this amendment is consequential on that amendment to maintain consistency with the national model.
[3.203]	Section 247 (1)
omit
the business
substitute
a business
Explanatory note
Section 247 sets out who is an officer of the Territory for the purposes of the Act.  This amendment is consequential on a minor correction of the national model provisions.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 20 October 2011.
2	Notification
	Notified under the Legislation Act on 28 November 2011.
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 2011 (No 3), which originated in the Legislative Assembly as the Statute Law Amendment Bill 2011 (No 2) and was passed by the Assembly on 17 November 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011