Australian Capital Territory Consolidated Acts

TESTAMENTARY GUARDIANSHIP ACT 1984 - NOTES

(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:

              •     ACT

              •     child

              •     foreign country

              •     State

              •     Supreme Court

              •     the Territory.

"child" means a person who is not and has not been married, and has not attained the age of 18 years.

"guardian", of a child—see section 5.

"parent", of a child—see section 4.

"testamentary guardian"—see section 6.

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

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am = amended	om = omitted/repealed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

The Testamentary Guardianship Act 1984 was originally the Testamentary Guardianship Ordinance 1984. It became an ACT Act on self-government (11 May 1989).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

    Legislation before becoming Territory enactment

Testamentary Guardianship Act 1984 No 34

notified 23 July 1984

commenced 23 July 1984

as amended by

Children's Services (Miscellaneous Amendments) Ordinance 1986 No 14

notified 4 June 1986

commenced 26 April 1988 (s 2 and Cwlth Gaz 1988 No S116)

Testamentary Guardianship (Amendment) Ordinance 1987 No 15

notified 1 May 1987

commenced 1 May 1987

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Adoption (Consequential Amendments) Act 1993 No 23 s 6

notified 8 April 1993 (Gaz 1993 No S57)

s 1, s 2 commenced 8 April 1993 (s 2 (1))

s 6 commenced 31 July 1993 (s 2 (2) and see Gaz 1993 No 28)

Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1

notified 15 December 1994 (Gaz 1994 No S280)

s 1, s 2 commenced 15 December 1994 (s 2 (1))

sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2

notified 10 November 1999 (Gaz 1999 No 45)

s 1, s 2 commenced 10 Nov 1999 (s 2 (1))

sch 2 commenced 10 May 2000 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 382

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 382 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.28

notified LR 19 May 2006

s 1, s 2 commenced 19 May 2006 (LA s 75 (1))

sch 1 pt 1.28 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.98

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.98 commenced 12 April 2007 (s 2 (1))

Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.24

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.24 commenced 19 May 2008 (s 2 and CN2008-8)

Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.19

notified LR 17 July 2008

s 1, s 2 commenced 17 July 2008 (LA s 75 (1))

s 3 commenced 18 July 2008 (s 2 (1))

sch 3 pt 3.19 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

Adoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.5

notified LR 22 October 2009

s 1, s 2 commenced 22 October 2009 (LA s 75 (1))

sch 1 pt 1.5 commenced 22 April 2010 (s 2 and LA s 79)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.153

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.153 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.488

Dictionary
s 2     am 1986 No 14 s 11; 1994 No 97 sch pt 1; 1999 No 64 sch 2; A2006-22 amdt 1.119 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
    defs reloc to dict A2007-3 amdt 3.489
    sub A2007-3 amdt 3.490

Notes
s 2A     renum as s 3

Meaning of parent
s 2B     renum as s 4

Meaning of guardian
s 2C     renum as s 5

Meaning of testamentary guardian
s 2D     renum as s 6

Notes
s 3     orig s 3
    renum as s 7
    pres s 3
    (prev s 2A) ins A2007-3 amdt 3.490
    renum as s 3 A2007-3 amdt 3.494

Meaning of parent
s 4     orig s 4
    renum as s 8
    pres s 4
    (prev s 2B) ins A2007-3 amdt 3.490
    renum as s 4 A2007-3 amdt 3.494
    am A2008-14 amdt 1.83; pars renum R5 LA

Meaning of guardian
s 5     orig s 5
    renum as s 9
    pres s 5
    (prev s 2C) ins A2007-3 amdt 3.490
    renum as s 5 A2007-3 amdt 3.494
    am A2008-20 amdt 3.43; A2011-22 amdt 1.440

Meaning of testamentary guardian
s 6     orig s 6
    renum as s 10
    pres s 6
    (prev s 2D) ins A2007-3 amdt 3.490
    renum as s 6 A2007-3 amdt 3.494

Application of Act
s 7     orig s 7
    renum as s 11
    pres s 7
    (prev s 3) am 1993 No 23 s 6
    renum as s 7 A2007-3 amdt 3.494
    am A2009-36 amdt 1.7

Appointment of testamentary guardians
s 8     orig s 8
    renum as s 12
    pres s 8
    (prev s 4) renum as s 8 A2007-3 amdt 3.494

Appointment by persons not entitled to guardianship
s 9     orig s 9
    renum as s 13
    pres s 9
    (prev s 5) renum as s 9 A2007-3 amdt 3.494

Time when appointment effective
s 10     orig s 10
    om 1989 No 38 sch 1
    pres s 10
    (prev s 6) renum as s 10 A2007-3 amdt 3.494

Effect of appointment
s 11     orig s 11
    om 2001 No 44 amdt 1.4022
    pres s 11
    (prev s 7) am 1987 No 15; ss renum R3 LA
    renum as s 11 A2007-3 amdt 3.494

Applications to Supreme Court
s 12     (prev s 8) am A2007-3 amdt 3.491, amdt 3.492
    renum as s 12 A2007-3 amdt 3.494
    ss renum R4 LA

Powers of Supreme Court
s 13     (prev s 9)     renum as s 13 A2007-3 amdt 3.494

Dictionary
dict     ins A2007-3 amdt 3.493
    def child am A2006-22 amdt 1.117 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
    reloc from s 2 A2007-3 amdt 3.489
    def exnuptial child om A2006-22 amdt 1.118 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
    reloc from s 2 A2007-3 amdt 3.489
    om A2008-14 amdt 1.84
    def guardian ins A2007-3 amdt 3.493
    def parent ins A2007-3 amdt 3.493
    def testamentary guardian ins A2007-3 amdt 3.493

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	Ord 1989 No 38	31 August 1991
2	Act 1993 No 23	31 August 1993
3	A2001-44	4 February 2002
4	A2007-3	12 April 2007
5	A2008-14	19 May 2008
6	A2008-20	27 October 2008
7	A2009-36	22 April 2010

6     Renumbered provisions

as made by A2007-3 amdt 3.494 and under the Legislation Act 2001.

previous number	provision heading	renumbered or inserted as
1	Name of Act	1
2	Dictionary	2
2A	Notes	3
2B	Meaning of parent	4
2C	Meaning of guardian	5
2D	Meaning of testamentary guardian	6
3	Application of Act	7
4	Appointment of testamentary guardians	8
5	Appointment by persons not entitled to guardianship	9
6	Time when appointment effective	10
7	Effect of appointment	11
8	Applications to Supreme Court	12
9	Powers of Supreme Court	13

© Australian Capital Territory 2011

Australian Capital Territory

A1984-34

Republication No 8

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Testamentary Guardianship Act 1984

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

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

Testamentary Guardianship Act 1984

Endnotes

Australian Capital Territory

Testamentary Guardianship Act 1984