Australian Capital Territory
Public Place Names Act 1989    
A1989-31
Republication No 5
Effective:  22 May 2013 – 26 January 2014
Republication date: 22 May 2013
Last amendment made by A2013‑15

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Public Place Names Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 May 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 May 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Public Place Names Act 1989

Contents
	Page
	1	Name of Act	2
	1A	Dictionary	2
	1B	Notes	2
	2	Meaning of public place	2
	3	Minister to determine names	2
	4	Regard given to certain names	3
	5	Regulation-making power	4
Dictionary		5
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	9
	5	Earlier republications	10

Australian Capital Territory
Public Place Names Act 1989

Act to provide for the naming of divisions and public places

    

1	Name of Act
This Act is the Public Place Names Act 1989.
1A	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 in this Act.
For example, the signpost definition ‘public place—see section 2.’ means that the term ‘public place’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
1B	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.
2	Meaning of public place
In this Act:
public place includes an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land.
3	Minister to determine names
	(1)	The Minister—
	(a)	must determine the name of a division of Territory land; and
	(b)	may determine the name of a public place that is Territory land.
	(2)	If the Minister is making a determination about the naming of a division, or the naming of a public place after a person mentioned in section 4 (2) (a) or (b), the Minister must consider—
	(a)	the number of women and men after whom divisions or public places have been named in the last 10 years; and
	(b)	whether the names of women are well-represented.
	(3)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
4	Regard given to certain names
	(1)	When making a determination in respect of the naming of a division, the Minister shall have regard to the names of persons who have made notable contributions to the existence of Australia as a nation.
	(2)	When making a determination in respect of the naming of a public place, the Minister shall have regard to—
	(a)	the names of persons famous in Australian exploration, navigation, pioneering, colonisation, administration, politics, education, science or letters;
	(b)	the names of persons who have made notable contributions to the existence of Australia as a nation;
	(c)	the names of Australian flora;
	(d)	the names of things characteristic of Australia or Australians; and
	(e)	Aboriginal or Torres Strait Islander vocabulary.
	(3)	Before having regard to Aboriginal or Torres Strait Islander vocabulary under subsection (2) (e), the Minister must consult with each entity prescribed under the regulations as an entity that represents the interests of Aboriginals and Torres Strait Islanders.
5	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary
(see s 1A)
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:
·	Executive
·	Minister (see s 162)
·	territory land.
division, in relation to land means a division under the Districts Act 2002, section 6.
public place—see section 2.

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

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—the Public Place Names Ordinance 1989 A1989-31 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Public Place Names Act 1989 A1989‑31 
notified 10 May 1989
s 1, s 2 commenced 10 May 1989 (s 2 (1))
remainder (ss 3-7) commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 314
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 314 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) A2001‑56 pt 1.5
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdts 1.42, 1.43, 1.46 commenced 12 September 2001 (s 2 (2))
pt 1.5 remainder commenced 5 September 2001 (s 2 (1))
Public Place Names Amendment Act 2002 A2002‑54 
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
remainder commenced 21 December 2002 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.79
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.79 commenced 12 April 2007 (s 2 (1))
Planning, Building and Environment Legislation Amendment Act 2013 A2013-15 pt 9
notified LR 21 May 2013
s 1, s 2 commenced 21 May 2013 (LA s 75 (1))
pt 9 commenced 22 May 2013 (s 2)

4	Amendment history
Name of Act
s 1	sub A2001‑56 amdt 1.41
Dictionary
s 1A	ins A2007‑3 amdt 3.417
Notes
s 1B	ins A2007‑3 amdt 3.417
Meaning of public place
s 2	om A2001‑44 amdt 1.3459
	ins A2001‑56 amdt 1.42
	am A2013‑15 s 17
Minister to determine names
s 3	orig s 3 om A2001‑56 amdt 1.42
	pres s 3 (prev s 4) am A2001‑44 amdt 1.3460, amdt 1.3461
	renum A2001‑56 amdt 1.43
	am A2002‑54 s 4, s 5; A2013‑15 s 18
Regard given to certain names
s 4	orig s 4 am A2001‑44 amdt 1.3460, amdt 1.3461
	renum as s 3 A2001‑56 amdt 1.43
	pres s 4 (prev s 6) am A2001‑56 amdt 1.44, amdt 1.45
	renum A2001‑56 amdt 1.46
Regulation-making power
s 5	orig s 5 om A2001‑44 amdt 1.3462
	ins A2001‑56 amdt 1.47
Regard given to certain names
s 6	renum as s 4 A2001‑56 amdt 1.46
Savings
s 7	om A2001‑56 amdt 1.47
Dictionary
dict	ins A2007‑3 amdt 3.418
	def division ins A2013‑15 s 19
	def public place ins A2007‑3 amdt 3.418

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	31 July 1991	
2	A2001‑56	13 December 2001	
3	A2002‑54	21 December 2002	
4	A2007‑3	12 April 2007	

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