Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• bankrupt or personally insolvent
• Executive
• exercise
• function
• Minister (see s 162)
• penalty unit (see s 133)
• sitting day.
"agency" means an administrative unit or a prescribed authority.
"authorised person" means a person appointed by the commissioner to be an authorised person for this Act.
"commissioner" means the Commissioner for the Environment appointed under section 4.
"law of the Territory" includes part of such a law.
"officer" means—
(a) in relation to an administrative unit—
(i) a public servant (including the principal officer of that administrative unit) who is a member of that administrative unit; or
(ii) any other person (other than a Minister) authorised to exercise functions for that administrative unit by the principal officer of that administrative unit; and
Note Function includes authority, duty and power (see Legislation Act, dict, pt 1).
(b) in relation to a prescribed authority—
(i) the person who constitutes, or is acting as the person who constitutes, the authority; or
(ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; or
(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or
(iv) a person authorised by the authority to exercise any functions of the authority for the authority.
"pre-election year" means the calendar year before a calendar year in which a general election of members of the Legislative Assembly would be required in accordance with the Electoral Act 1992, section 100 (1).
"prescribed authority" means—
(a) a body corporate, or an unincorporated body, established for a public purpose under a law of the Territory other than—
(i) an incorporated company or association; or
(ii) a body that, under section 3 (1) (Entities not necessarily prescribed authorities) or a regulation, is not a prescribed authority for this Act; or
(b) any other body, whether incorporated or unincorporated, that is declared by regulation to be a prescribed authority for this Act, being—
(i) a body established by the Executive or by a Minister; or
(ii) an incorporated company or association over which the Territory is in a position to exercise control; or
(c) subject to section 3 (2), the person holding or performing the duties of an office, other than the office of ombudsman, established by a law of the Territory; or
(d) a person holding, or performing the duties of, an office declared by regulation to be an office the holder of which is a prescribed authority for this Act, being an office created by the Executive or by a Minister other than under a law of the Territory.
"principal officer" means—
(a) in relation to an administrative unit—the Commissioner for Public Administration or the director-general of that unit; or
(b) in relation to a prescribed authority—
(i) if a regulation declares an office to be the principal office in relation to the authority—the person holding, or performing the duties of, that office; or
(ii) in any other case—the person who constitutes that authority or a person acting in the person's office or, if the authority is constituted by 2 or more people, the person who is entitled to preside at any meeting of the authority at which the person is present or a person acting in the person's office.
"responsible Minister", in relation to an agency, means—
(a) subject to paragraphs (b) and (c), the Minister who is responsible for that agency; or
(b) in relation to a prescribed authority mentioned in the definition of "prescribed authority", paragraph (c)—the Minister administering the law of the Territory 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 in relation to that authority;
or another Minister acting for that Minister.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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A = Act |
NI = Notifiable instrument |
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AF = Approved form |
o = order |
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am = amended |
om = omitted/repealed |
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amdt = amendment |
ord = ordinance |
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AR = Assembly resolution |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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CN = Commencement notice |
pres = present |
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def = definition |
prev = previous |
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DI = Disallowable instrument |
(prev...) = previously |
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dict = dictionary |
pt = part |
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disallowed = disallowed by the Legislative |
r = rule/subrule |
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Assembly |
reloc = relocated |
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div = division |
renum = renumbered |
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exp = expires/expired |
R[X] = Republication No |
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Gaz = gazette |
RI = reissue |
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hdg = heading |
s = section/subsection |
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IA = Interpretation Act 1967 |
sch = schedule |
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ins = inserted/added |
sdiv = subdivision |
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LA = Legislation Act 2001 |
SL = Subordinate law |
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LR = legislation register |
sub = substituted |
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underlining = whole or part not commenced |
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mod = modified/modification |
or to be expired |
Commissioner for the Environment Act 1993 No 37
notified 29 June 1993 (Gaz 1993 No S111)
s 1, s 2 commenced 29 June 1993 (s 2 (1))
ss 3-18 and ss 20-28 commenced 1 July 1993 (s 2 (2) and Gaz 1993 No S129)
remainder (s 19) commenced 29 December 1993 (s 2 (3))
as amended by
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 17
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 17 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
sch commenced 5 September 1995 (s 2)
Ombudsman (Amendment) Act 1996 No 17 s 11
notified 1 May 1996 (Gaz 1996 No S71)
commenced 1 May 1996 (s 2)
Commissioner for the Environment (Amendment) Act 1997 No 29
notified 16 July 1997 (Gaz 1997 No S185)
commenced 16 July 1997 (s 2)
Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Commissioner for the Environment Amendment Act 2000 No 73
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 67
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 67 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 pt 1.1, amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 1.1 commenced 17 January 2003 (s 2 (1))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.7
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.7 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.18
notified LR 26 March 2004
s
1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2
pt 2.18 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.20
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.20 commenced 12 April 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.7
notified LR 13 September
2007
s 1, s 2 commenced 13 September 2007 (LA s 75
(1))
sch 1 pt 1.7 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.15
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.15 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.4
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))
sch 1 pt 1.4 commenced 3 June 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.30
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.30 commenced 1 July 2011 (s 2 (1))
4 Amendment history
Name of
Act
s 1 sub A2007-3 amdt
3.93
Dictionary
s
2 om 2001 No 44 amdt 1.765
ins
A2007-3 amdt 3.97
Notes
s
2A ins A2007-3 amdt 3.97
Entities not necessarily prescribed
authorities
s 3 defs reloc to
dict A2007-3 amdt 3.96
sub A2007-3
amdt 3.97
def
Department om 1994 No 38 sch 1 pt
17
def Ombudsman om
1996 No 17 s 11
Commissioner for the
Environment
s 4 sub A2007-3 amdt
3.98
Term of
office
s 5 sub A2007-3 amdt
3.98
Remuneration and
allowances
s 6 om 1997 No 41 sch
1
Resignation
s
8 om A2007-3 amdt 3.99
Suspension and removal of
commissioner
s 9 am A2007-3 amdt
3.100, amdt 3.101; A2010-18 amdt 1.9
Delegation by
commissioner
s 11 sub A2007-3
amdt 3.102
Functions
s
12 am A2007-25 amdt 1.32; A2009-20 amdt 3.35, amdt 3.36
Complaints
s
13 sub 2001 No 44 amdt 1.766
Discretion not to investigate certain
complaints
s 14 am 1995 No 25
sch; A2004-9 amdt 1.8
Investigations
s
15 am 1994 No 38 sch 1 pt 17; 1997 No 29; ss renum R3 LA
Power to obtain information and
documents
s 17 am A2004-15 amdt
2.44
Assistance to
commissioner
s 18 am 1994 No 38
sch 1 pt 17
State of the environment
report
s 19 sub 1997 No
29
am 2000 No 73 s 4; 2001 No 44
amdt 1.767; A2009-20 amdt 3.37
Information to be included in
commissioner's annual
report
s 20 om 1995 No 25
sch
ins 1997 No
29
sub A2004-9 amdt
1.9
Special
reports
s 21 am 1997 No
29
Minister to table reports and
recommendations
s 22 am 1995 No
25 sch
sub 2000 No 73 s
5
Information to be included in agency annual
reports
s 23 sub 1995 No 25 sch;
A2004-9 amdt 1.10
Referral to
ombudsman
s 25 am 1997 No
29
Offences
s
27 am 1998 No 54 sch
om A2004-15
amdt 2.45
Approved
forms
s 28 sub 2001 No 44 amdt
1.768
Regulation-making
power
s 29 ins 2001 No 44 amdt
1.768
Validation
pt
6 hdg ins 2002 No 49 amdt 1.1
exp 17
January 2003 (s 32)
Validation of
appointment
s 30 ins 2002 No 49
amdt 1.1
exp 17 January 2003 (s
32)
Validation of acts, rights and
obligations
s 31 ins 2002 No 49
amdt 1.1
exp 17 January 2003 (s
32)
Expiry of pt
6
s 32 ins 2002 No 49 amdt
1.1
exp 17 January 2003 (s
32)
Dictionary
dict ins
A2007-3 amdt 3.103
am A2010-18 amdt
1.10
def agency am
1994 No 38 sch 1 pt 17
reloc from s
3 A2007-3 amdt 3.96
def
authorised person reloc from s 3 A2007-3 amdt
3.96
def commissioner
reloc from s 3 A2007-3 amdt
3.96
def law of the Territory
reloc from s 3 A2007-3 amdt
3.96
def officer am
1994 No 38 sch 1 pt 17
reloc from s
3 A2007-3 amdt 3.96
def
pre-election year ins 1997 No 29 s
4
reloc from s 3 A2007-3 amdt
3.96
def prescribed authority
am A2007-3 amdt 3.94, amdt
3.95
reloc from s 3 A2007-3 amdt
3.96
def principal
officer am 1996 No 17 s
11
reloc from s 3 A2007-3 amdt
3.96
am A2011-22 amdt
1.96
def responsible Minister
reloc from s 3 A2007-3 amdt 3.96
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 |
Act 1994 No 38 |
31 January 1995 |
|
2 |
Act 1997 No 41 |
31 December 1997 |
|
3 |
Act 2001 No 44 |
15 January 2002 |
|
4 |
Act 2002 No 49 |
17 January 2003 |
|
5 |
Act 2002 No 49 |
18 January 2003 |
|
5 (RI) |
A2002-49 ‡ |
6 February 2003 |
|
6 |
A2004-15 |
9 April 2004 |
|
7 |
A2004-15 |
13 April 2004 |
|
8 |
A2007-3 |
12 April 2007 |
|
9* |
A2007-25 |
31 March 2008 |
|
10 |
A2009-20 |
22 September 2009 |
|
11 |
A2010-18 |
3 June 2010 |
|
‡ includes retrospective amendments by A2002-49 |
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2011