NUDITY ACT 1976 - TABLE OF PROVISIONS 1. Name of Act 1A. Notes 2. Prescribed areas 3. Publication of declaration in newspaper 4. Being naked in prescribed area ENDNOTES NUDITY ACT 1976 - LONG TITLE An Act to permit nudity in certain public places NUDITY ACT 1976 - SECT 1 Name of Act This Act is the Nudity Act 1976. NUDITY ACT 1976 - SECT 1A 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. NUDITY ACT 1976 - SECT 2 Prescribed areas (1) The Minister may, in writing, declare an area to be a prescribed area. (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. NUDITY ACT 1976 - SECT 3 Publication of declaration in newspaper (1) Within 7 days after making a declaration under section 2, the Minister must publish a copy of the declaration in a newspaper circulating in the ACT. (2) A declaration is not invalid if the Minister does not comply with subsection (1). NUDITY ACT 1976 - SECT 4 Being naked in prescribed area A person does not commit an offence against a territory law only because the person is naked in an area declared by the Minister under section 2 to be a prescribed area. NUDITY ACT 1976 - NOTES Endnotes 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 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. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Nudity Ordinance 1976 (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 No 21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Nudity Act 1976 No 56 notified 10 November 1976 commenced 10 November 1976 as amended by Legislation after becoming Territory enactment Legislation (Consequential Amendments) Act 2001 No 44 pt 261 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 261 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.16 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.16 commenced 11 January 2006 (s 2 (1)) 4 Amendment history Notess 1A ins A2005-62 amdt 3.163 Prescribed areass 2 sub 2001 No 44 amdt 1.2960 Publication of declaration in newspapers 3 sub 2001 No 44 amdt 1.2960 Being naked in prescribed areas 4 sub A2005-62 amdt 3.164 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 May 1991 2 A2001-44 9 August 2002 (c) Australian Capital Territory 2006 NUDITY ACT 1976 - NOTES Australian Capital Territory A1976-56 Republication No 3 Effective: 11 January 2006 Republication date: 11 January 2006 Last amendment made by A2005-62Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Nudity Act 1976 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 January 2006. It also includes any amendment, repeal or expiry affecting the republished law to 11 January 2006. 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): o authorised republications to which the Legislation Act 2001 applies o 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 includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. 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 Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Nudity Act 1976 Endnotes Australian Capital Territory Nudity Act 1976