EXPLANATORY STATEMENT
No. 6 of 1994
ISSUED BY THE AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT,
SPORT AND TERRITORIES
SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910
RESERVED LAWS (ADMINISTRATION) (AMENDMENT AND REPEAL) ORDINANCE 1994
Subsection 12(1)(k) of the Seat of Government (Administration) Act 1910 provides that the Governor-General may make ordinances for the peace, order and good government of the Australian Capital Territory with respect to the subject matter of laws specified in Schedule 3 to the Australian Capital Territory (Self-Government) Act 1988 (the Act). The Reserved Laws (Administration) Ordinance 1989 (the Reserved Laws Ordinance) is specified in Schedule 3.
The purposes of the Ordinance are: 
•	to remove the reference to the Supreme Court (Arbitration) Ordinance 1990 from Schedule 2 to the Reserved Laws Ordinance, consequential upon the repeal of the Supreme Court (Arbitration) Ordinance 1990;
•	to repeal the Evidence (Closed Circuit Television) (Amendment) Ordinance 1990. The effect of this Ordinance was to extend a “sunset” provision in the Evidence (Closed Circuit Television) Ordinance 1989, which has ceased to be in force with the elapse of the extended sunset period; and
•	to up-date Schedule 2 to the Reserved Laws Ordinance to reflect accurately the current law administered by the Commonwealth.  As it stands, Schedule 2 includes many Ordinances which have become enactments of the ACT and have thus ceased to be the responsibility of the Commonwealth.  The laws which will be omitted from Schedule 2 are listed in the attached Schedule.
The Ordinance amends the definition of “reserved law” in section 3 of the Reserved Laws Ordinance to remove the references to Schedule 3 of the Act in paragraphs (a) and (b). Since this Schedule has been “emptied” by the operation of section 34(7) of the Act, it is potentially misleading to retain these references in the Reserved Laws Ordinance. 
The Ordinance makes a formal change to subsection 4(1) of the Reserved Laws Ordinance to conform with current ACT drafting practices and for internal consistency.
Details of the Ordinance are as follows. 
Section 1 provides that the short title of the Ordinance is the Reserved Laws (Administration) (Amendment and Repeal) Ordinance 1994.
Section 2 provides that the Ordinance will commence on the day on which it is notified in the Gazette.
Section 3 provides that the principal Ordinance is the Reserved Laws (Administration) Ordinance 1989.
Section 4 provides that section 3 of the principal Ordinance is amended to remove references to Schedule 3 of the Act.
Section 5 provides for a formal amendment to section 4(1) to remove unnecessary paragraphing.
Section 6 provides that Schedule 2 is repealed and substituted by the up-date list of reserved laws administered by the Commonwealth Attorney-General.
Section 7 provides that the Evidence (Closed Circuit Television) (Amendment) Ordinance 1990 is repealed.
SCHEDULE
Omissions from Schedule 2 of the Reserved Laws (Administration) Ordinance 1989 
under the proposed ordinance 
Part 1 - Ordinances
Administration and Probate Ordinance 1929, sections 71, 73 and 74
Children's Services Ordinance 1986, Parts III and X
Coroners Ordinance 1956
Courts (Hire-purchase Agreements) Ordinance 1963
Criminal Injuries Compensation Ordinance 1983
Crimes Ordinances and Crimes Amendment Ordinances (various)
Enforcement of Public Interests Ordinances 1973
Evidence Ordinance 1971
Evidence (Closed Circuit Television) Ordinance 1989
Foreign Judgements (Reciprocal Enforcement) Ordinance 1954
Imperial Acts (Substituted Provisions) Ordinance 1986, Schedule 2, Parts 16, 17 and 20
Judgement Creditors Remedies Ordinance 1933
Judiciary (Stay of Proceedings) Ordinance 1933
Juries Ordinance 1967
Legal Practitioners Ordinance 1970
Limitation Ordinance 1985
Magistrates Court Ordinance 1930
Magistrates Court (Civil Jurisdiction) Ordinance 1982
Notaries Public Ordinance 1984
Police Ordinance 1927
Sheriff Ordinance 1934
Small Claims Ordinance 1974
Supreme Court Ordinance 1952
Supreme Court (Arbitration) Ordinance 1990

Part 2 Imperial Acts in force in the Territory
Australian Courts Act (1828) 9 Geo. 4.c. 83
British Law Ascertainment Act (1859) 22 and 23 Vic. c. 63
Courts (Colonial) Jurisdiction Act (1874) 37 and 38 Vic. c. 27
Evidence by Commission Act (1859) 22 Vic. c. 20
Evidence by Commission Act (1885) 48 and 49 Vic. c. 74
Foreign Tribunals Evidence Act (1856) 19 and 20 Vic. c. 113
Merchant Shipping Act (1894) 57 and 58 Vic. c. 60
Offences at sea (1536) 28 Hen. 8 c. 15
Piracy (1698) 11 Will. 3 c. 7
Piracy (1717) 4 Geo. 1 c. 11
Piracy (1721) 8 Geo. 1 c. 24
Piracy (1744) 18 Geo. 2 c. 30
Set-off of debts (1729) 2 Geo. 2 c. 22
Set-off of debts (1735) 8 Geo. 2 c. 24
Slavery Abolition Act (1833) 3 and 4 Will. 4 c. 73
Slave Trade Act (1824) 5 Geo. 4 c. 113
Slave Trade Act (1843) 6 and 7 Vic. c. 98
Slave Trade Act (1873) 36 and 37 Vic. c. 88