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This is a Bill, not an Act. For current law, see the Acts databases.
2021
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2021
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Statute Law Amendment Bill 2021
A Bill for
An Act to amend legislation for the purpose of statute law revision, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Statute Law Amendment Act 2021
.
(1) This Act (other than schedule 3, part 3.45) commences on the 14th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Schedule 3, part 3.45 commences on the later of—
(a) the commencement of the Planning Legislation Amendment Act 2020
, section 7; and
(b) the commencement of this Act, section 3.
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
The purpose of this Act is to improve the quality of the statute law of the Territory by amending legislation for the purpose of statute law revision.
5 Legislation amended—schs 1-3
This Act amends the legislation mentioned in schedules 1 to 3.
(see s 5)
Part 1.1 Controlled Sports Act 2019
substitute
(1) The Minister may establish an advisory committee to inform or advise either or both of the following about controlled sports:
(a) the Minister;
(b) the registrar.
Explanatory note
This amendment updates a provision to include the controlled sports registrar as someone who may be informed or advised about controlled sports by an advisory committee.
The
, section 86 (1) gives the Minister power to establish an advisory committee to inform or advise the Minister about controlled sports. Currently, only the Minister may be informed or advised. However, it would be useful for an advisory committee to also be able to inform or advise the controlled sports registrar as the registrar is responsible for exercising many of the functions under the Act. This amendment updates section 86 (1) by inserting the registrar as someone who may be informed or advised about controlled sports issues by an advisory committee.
substitute
(5) In exercising a function under this Act, the Minister and the registrar must consider any relevant information or advice given to the Minister or the registrar by an advisory committee.
Explanatory note
This amendment updates a provision to include the controlled sports registrar as someone who must consider any relevant information or advice given by an advisory committee in exercising a function under the Act. This amendment is consequential on amendment 1.1.
Part 1.2 Mental Health Act 2015
substitute
(h) if the proceeding is on a mental health order, a forensic mental health order, or a review required under section 180 (2) (Review of detention under court order), for which there is a registered affected person for the offence committed or alleged to have been committed by the subject person—
(i) the registered affected person; and
(ii) the victims of crime commissioner;
Explanatory note
This amendment updates a provision to include a registered affected person as someone who may appear and give evidence at the hearing of certain proceedings.
The
, section 190 lists people who may appear and give evidence at the hearing of certain proceedings before the ACT Civil and Administrative Tribunal (ACAT). Section 190 (1) (h) was recently amended by the Mental Health Amendment Act 2020
to give the victims of crime commissioner the right to appear and give evidence in proceedings relating to a mental health order, a forensic mental health order, or a review of detention under a court order in respect of which there is a registered affected person. However, the right to appear and give evidence in the same proceedings was not extended to the registered affected person. This was an inadvertent omission from the Mental Health Amendment Act 2020
and is corrected by this amendment.
Part 1.3 Public Sector Management Act 1994
[1.4] New section 251 (5) and (6)
insert
(5) The
, section 47 (3) and (6) does not apply to a Commonwealth law or an ACT enterprise agreement applied, adopted or incorporated in a management standard.
Note A Commonwealth law or an ACT enterprise agreement does not need
to be notified under the
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)). Commonwealth laws are accessible at www.legislation.gov.au
and ACT enterprise agreements are accessible at www.jobs.act.gov.au
.
(6) In this section:
ACT enterprise agreement means an enterprise agreement, approved by the Fair Work Commission under the Fair Work Act 2009
(Cwlth), to which the Territory is a party.
Commonwealth law means a Commonwealth Act or a disallowable legislative instrument under a Commonwealth Act.
disallowable legislative instrument, for a Commonwealth
Act—see the
, section 47 (10).
Explanatory note
This amendment disapplies the Legislation Act 2001
(the ‘
’), section 47 (3) and (6) in relation to a Commonwealth law or an ACT enterprise agreement applied, adopted or incorporated in a management standard.
As a statutory instrument, a management standard may apply, adopt or
incorporate a law of another jurisdiction, such as a Commonwealth law, or an
external document, such as an ACT enterprise agreement, as in force only at a
particular time (see
, section 47 (3)). This is generally the time at which the instrument is
made. However, by displacing section 47 (3), a management standard may
apply a Commonwealth law or an ACT enterprise agreement as in force from time to
time (see
, section 47 (4) (a)). The management standards under the Public Sector Management Standards 2016
incorporate the terms of ACT enterprise agreements in relation to superannuation and other entitlements of certain public servants and statutory office-holders. This amendment ensures that the enterprise agreements and any relevant Commonwealth laws apply as in force from time to time.
The
, section 47 (6) provides that if section 47 (3) is displaced and a law of another jurisdiction or an instrument is applied as in force from time to time, the law or instrument, and any later changes to the law or instrument, are taken to be notifiable instruments. A notifiable instrument must be notified on the Legislation Register under the Legislation Act
. However, section 47 (6) may be displaced, meaning the law or instrument would not be required to be notified on the Legislation Register (see Legislation Act
, section 47 (7)). This amendment displaces section 47 (6) because both
Commonwealth laws and ACT enterprise agreements are readily accessible on the
internet and there is therefore no need for them to be published on the
Legislation Register.
Part 1.4 Workers Compensation Act 1951
substitute
(3) The per kilometre cost for the car is the amount determined by the commissioner of taxation under the Income Tax Assessment Act 1997
(Cwlth), section 28-25 (4) for the financial year in which the cost was incurred.
Explanatory note
This amendment updates an outdated cross-reference.
The
, part 4.5 (Compensation for medical treatment, damage and other costs) sets out when compensation for medical treatment, damage and other costs are payable by an employer to, or in relation to, a worker in relation to an injury. Section 75 sets out how to work out the costs of taking an injured worker by private motor vehicle to and from a place to receive medical treatment or rehabilitation services. Section 75 (2) states that ‘the transport cost is the cost worked out by multiplying the number of kilometres travelled to and from the place by the per kilometre cost for the car’. Section 75 (3) establishes the ‘per kilometre cost for the car’, which currently is ‘the amount mentioned in the Income Tax Assessment Regulations 1997
(Cwlth), schedule 1, part 2 in relation to the size of the car for the financial year in which the cost was incurred’.
The
(Cwlth), schedule 1, part 2 set out the number of cents used for calculating a deduction for car expenses for an income year, using the ‘cents per kilometre’ method for the Income Tax Assessment Act 1997
(Cwlth), section 28-25. However, section 28-25 was amended in 2016 so that the ‘number of cents’ amount was determined by the commissioner of taxation in a legislative instrument rather than being set out in the Regulation.
This amendment updates section 75 (3) by replacing the outdated cross-reference to the Regulation with the correct cross-reference to the legislative instrument determined by the commissioner under the Income Tax Assessment Act 1997
(Cwlth).
Schedule 2 Legislation Act 2001
(see s 5)
omit
subsection (5)
substitute
subsection (6)
Explanatory note
This amendment corrects a cross-reference.
omit
Explanatory note
This amendment omits a note that is no longer necessary.
[2.3] Section 19 (5), examples
substitute
Example
An instrument under the
notifying the appointment of Ministers is entered in the register as a notifiable instrument even though the instrument is not taken to be a notifiable instrument under s 10 (Meaning of notifiable instrument). The instrument is also numbered as a notifiable instrument. The page of the register for the notification mentions that it is made under the Self-Government Act
and is not a notifiable instrument but is included in the register for information.
Explanatory note
This amendment omits an example that is no longer necessary.
[2.4] Section 45 (4), definition of disallowable instrument
substitute
disallowable legislative instrument, for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003
(Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
Explanatory note
This amendment revises the definition to correct a cross-reference and to more precisely reflect the language of the Legislation Act 2003
(Cwlth).
[2.5] Section 45 (4), definition of law, paragraph (b)
omit
disallowable instrument
substitute
disallowable legislative instrument
Explanatory note
This amendment updates language as a result of amendment 2.4.
[2.6] Section 47 (10), definition of disallowable instrument
substitute
disallowable legislative instrument, for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003
(Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
Explanatory note
This amendment revises the definition to correct a cross-reference and to more precisely reflect the language of the Legislation Act 2003
(Cwlth).
[2.7] Section 47 (10), definition of law of another jurisdiction, paragraph (a)
omit
disallowable instrument
substitute
disallowable legislative instrument
Explanatory note
This amendment updates language as a result of amendment 2.6.
omit
Explanatory note
This amendment omits an example that is no longer necessary and is inconsistent with current drafting practice.
[2.9] Section 89, examples 1 to 3
omit
Explanatory note
This amendment omits examples that are no longer necessary.
[2.10] Section 132 (1), examples and notes
omit
Explanatory note
This amendment omits examples and notes that are no longer necessary.
[2.11] Section 255 (3), example and note
omit
Explanatory note
This amendment omits an example and a note that are no longer necessary.
[2.12] Schedule 1, part 1.1, items 9 and 11
omit
Explanatory note
This amendment omits items that are redundant because the Acts mentioned in the items have been repealed or ceased to have effect.
[2.13] Further amendments, examples
omit the examples in
• section 18 (2)
• section 19 (10)
• section 24 (1)
• section 42 (2)
• section 56 (3), (4) and (5)
• section 57 (3) and (4)
• section 59 (2)
• section 60 (1)
• section 73 (2)
• section 75 (1) and (2)
• section 77 (1) and (4)
• section 79 (1)
• section 86 (1) and (2)
• section 89 (12), definition of amending law, paragraph (e)
• section 91 (9)
• section 92 (1)
• section 96 (3)
• section 100 (1) and (2)
• section 103
• section 106A (1)
• section 132 (2)
• section 133 (2)
• section 143 (1)
• section 164 (2)
• section 257 (2) (d)
Explanatory note
This amendment omits examples that are no longer necessary.
Schedule 3 Technical amendments
(see s 5)
Part 3.1 Animal Diseases Act 2005
omit the following notes
• section 11 (1), note
• section 23 (1), note
• section 62C (2), note 2
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.2 Animal Welfare Act 1992
omit the following notes
• section 26 (1), note 1
• section 34 (2), note 1
• section 37 (1), note 1
• section 46 (2), note 1
• section 49A (a), note
• section 54 (1), note 1
• section 59A (2), note 1
• section 63 (1), note 1
• section 71 (2), note 1
• section 95 (1), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.3 Building and Construction Industry (Security of Payment) Act 2009
omit the following notes
• section 15 (1), note 1
• section 16 (1), note 1
• section 17 (2), note
• section 18 (3), note
• section 19 (1), note
• section 21 (1), note
• section 22 (1), note
• section 26 (2), note
• section 26 (3), note
• section 31 (1), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.4 Clinical Waste Act 1990
substitute
(b) must contain a list of waste disposal sites.
Explanatory note
This amendment remakes section 14 (2) (b) to omit a reference to an approved form under section 41, which is omitted by another amendment. Approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.5 Construction Occupations (Licensing) Act 2004
[3.10] Dictionary, new definitions
insert
entity, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 34 (1) (a).
rectification undertaking, for part 4 (Rectification orders, enforceable undertakings and other obligations on licensees)—see section 47B.
Explanatory note
This amendment inserts signpost definitions for terms defined elsewhere in the Act.
Part 3.6 Crimes (Restorative Justice) Act 2004
[3.11] Section 22 (2), definition of victims of crime commissioner
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of amendment 3.12.
insert
• victims of crime commissioner.
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment updates the note to insert a term used in the Act and defined in the Legislation Act
, dictionary, part 1.
Part 3.7 Crimes (Sentence Administration) Act 2005
[3.13] Section 320B (2), definition of CYP young offender, paragraph (b) (ii)
omit
CYP director-general
substitute
director-general responsible for administering the Children and Young People Act 2008
Explanatory note
This amendment omits a term that is defined in the dictionary but only used in this section, and replaces the term with the substance of the definition. The definition is omitted from the dictionary by amendment 3.14.
[3.14] Dictionary, definition of CYP director-general
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of amendment 3.13.
Part 3.8 Crimes (Sentencing) Act 2005
[3.15] Section 8 (1), definition of offender, new paragraph (b) (iv)
insert
(iv) part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.
Explanatory note
This amendment revises a definition to be consistent with current legislative drafting practice.
[3.16] Dictionary, definitions of court
omit the 2 definitions, substitute
court—
(a) for this Act generally, if a court has sentenced an offender, made an order or given a direction—means the same court, however constituted; and
(b) for part 4.2B (Drug and alcohol treatment assessments) and part 5.4A (Drug and alcohol treatment orders)—means the Supreme Court; and
(c) for part 4.6 (Sentencing—schedule offence with criminal group)—see section 61B.
Explanatory note
This amendment revises a definition to be consistent with current legislative drafting practice. The dictionary contains 2 definitions of court, this amendment combines the definitions into one.
[3.17] Dictionary, definition of offender, for part 4.6
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of amendment 3.15.
Part 3.9 Dangerous Substances (Explosives) Regulation 2004
[3.18] Table 259, item 6, column 2
omit
in writing
Explanatory note
This amendment omits words that are now redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
insert
• AS (see s 164 (1))
Explanatory note
Dictionary, note 2 lists examples of terms used in the regulation that are
defined in the
, dictionary, part 1. This amendment updates the note to insert a term used in the regulation and defined in the Legislation Act
.
Part 3.10 Drugs of Dependence Act 1989
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
omit
(Registrar-general may give information about certain dutiable transactions and instruments to revenue commissioner)
substitute
(Registrar-general must give information about certain transactions and instruments to revenue commissioner)
Explanatory note
This amendment corrects a cross-reference.
omit the following notes
• section 75AB (1), note
• section 87 (3), note
• section 106 (1), note
• section 115B (2), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
omit
Explanatory note
This amendment omits a reference to an approved form that is redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
omit the following notes
• section 239 (1), note
• section 244 (1), notes 1 and 2
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.12 Education and Care Services National Law (ACT) Act 2011
omit
chief executive
substitute
director-general
Explanatory note
This amendment replaces a reference to ‘chief executive’ with ‘director-general’ as a consequence of amendments made to the Public Sector Management Act 1994
by the
, which recast chief executives as directors-general.
omit
• chief executive (s 163)
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment updates the note to omit a term made redundant as a consequence of amendment 3.28.
insert
• director-general (see s 163)
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined
in the
, dictionary, part 1. This amendment updates the note to insert a term as a consequence of amendment 3.28.
Part 3.13 Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.14 Energy Efficiency (Cost of Living) Improvement Act 2012
omit the following notes
• section 17 (2), note
• section 17A (1), note 1
• section 17B (2), note
• section 19 (2), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.15 Environment Protection Act 1997
omit the note in
• section 76A (2)
• section 76B
• section 92 (1)
• section 159A (1)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.16 Environment Protection Regulation 2005
[3.36] Section 14 (2) (h), note
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for the Act.
Part 3.17 First Home Owner Grant Act 2000
[3.37] Section 14 (1), note 1 and section 28 (4), note
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.39] Section 36B (1), note and section 38, note 2
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
omit the following notes
• section 78 (2), note 1
• section 92 (1), note 2
• section 97 (2), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.20 Food Regulation 2002
[3.43] Section 20 (2), note 1 and section 21 (3), note 1
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for the Act.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
(or provision of an instrument)
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 14 (2), which provides that a reference to an instrument includes a reference to a provision of an instrument.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.47] Section 120, definition of protected information, except note
omit
Explanatory note
This amendment omits a definition that is made redundant as a result of amendment 3.49.
substitute
Note Protected information and sensitive information are defined for the Act (see s 123 and s 124).
Explanatory note
This amendment inserts a note to assist legislative users and is consequential on amendment 3.49.
omit
For this part,
substitute
For this Act,
Explanatory note
This amendment updates a definition to be for the Act as the definition is used in other parts of the Act.
[3.50] Section 192 (5), definition of Commonwealth law
omit
disallowable instrument
substitute
disallowable legislative instrument
Explanatory note
This amendment updates language as a result of amendment 3.51.
[3.51] Section 192 (5), definition of disallowable instrument
substitute
disallowable legislative instrument, for a Commonwealth Act, means a legislative instrument that can be disallowed under the Legislation Act 2003
(Cwlth), chapter 3, part 2 (Parliamentary scrutiny of legislative instruments), including that part, or provisions of that part, applied by another Commonwealth law.
Explanatory note
This amendment revises the definition to correct a cross-reference and to more precisely reflect the language of the Legislation Act 2003
(Cwlth).
[3.52] Dictionary, definition of protected information
substitute
protected information—see section 123.
Explanatory note
This amendment revises the definition to be consistent with current legislative drafting practice and is consequential on amendment 3.48.
Part 3.23 Health Records (Privacy and Access) Act 1997
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.55] Schedule 1, principle 10, clause 7, note
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
[3.56] Schedule 1, principle 11, clause 4, note 1
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
Part 3.24 Hemp Fibre Industry Facilitation Act 2004
omit note 2 in
• section 13 (2)
• section 24 (1)
• section 28 (1)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.25 Human Cloning and Embryo Research Act 2004
substitute
(2) The identity card must contain a recent photograph of the inspector.
Explanatory note
This amendment remakes section 43 (2) to omit a reference to an approved form. Section 53, which provides that forms may be approved for this Act, is omitted by another amendment because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.26 Information Privacy Act 2014
[3.61] Section 25 (2), definition of Commonwealth enforcement or intelligence body, paragraph (b)
substitute
(b) the Office of National Intelligence established under the Office of National Intelligence Act 2018
(Cwlth), section 6;
Explanatory note
This amendment corrects an outdated cross-reference. The Office of National Assessments Act 1977
(Cwlth), was repealed by the Office of National Intelligence (Consequential and Transitional Provisions) Act 2018
(Cwlth), schedule 1, and replaced by the Office of National Intelligence Act 2018
(Cwlth). Under the new Act, section 6, the Office of National Assessments ‘continues in existence, by force of this subsection, under and subject to the provisions of this Act, under the name Office of National Intelligence’.
[3.62] Section 25 (2), definition of Commonwealth enforcement or intelligence body, paragraph (d)
omit
Defence Imagery and Geospatial Organisation
substitute
Australian Geospatial-Intelligence Organisation
Explanatory note
This amendment corrects an outdated cross-reference. The ‘Defence Imagery and Geospatial Organisation’ was renamed the ‘Australian Geospatial-Intelligence Organisation’ by amendments to the Intelligence Services Act 2001
(Cwlth) made under the National Security Legislation Amendment Act (No. 1) 2014
(Cwlth), schedule 7, part 1.
Part 3.27 Integrity Commission Act 2018
[3.63] Dictionary, definition of inspector of correctional services
omit
Explanatory note
This amendment omits a definition of a term that is no longer used in the Act.
Part 3.28 Intoxicated People (Care and Protection) Act 1994
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
omit
him or her
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.66] Section 18 (1) and section 22 (5)
omit
he or she
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
[3.68] Section 29 (1), except note
substitute
(1) The Minister may, on any conditions that the Minister considers appropriate, authorise, by written notice, the use of a power boat in or on a lake—
(a) by a sports club in relation to the training of people for, or the conduct of, a competition in an aquatic sport; or
(b) by other people for the purposes the Minister approves.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
subject to such conditions (if any) as he or she thinks fit
substitute
on any conditions that the Minister considers appropriate
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the inspector
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the inspector’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
(4) An inspector is not liable for any damage to a vehicle or boat caused by them when exercising their powers under this section.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
when he or she is so authorised, the delegate for lakes may
substitute
if authorised, the delegate may
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
omit the following notes
• section 10 (1), note
• section 16C (2), note 2
• section 31 (1), notes 2 and 3
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
omit the following notes
• section 14 (2), note 1
• section 41 (1), notes 2 and 3
• section 42 (1), notes 2 and 3
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.32 Long Service Leave Act 1976
[3.77] Section 13D (1), note and section 13F (2), note
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.33 Long Service Leave (Portable Schemes) Act 2009
omit the following notes
• section 31 (1), note 2
• section 35 (1), note 3
• section 37 (2), note
• section 40, note
• section 41 (2), note
• section 45 (2), note
• section 54 (1), note
• section 89A (1), note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.81] Schedule 1, section 1.9 (1) etc
omit the note in
• schedule 1, section 1.9 (1)
• schedule 1, section 1.10 (1)
• schedule 1, section 1.14 (2)
• schedule 2, section 2.9 (1)
• schedule 2, section 2.10 (1)
• schedule 2, section 2.14 (2)
• schedule 3, section 3.10 (1)
• schedule 3, section 3.11 (1)
• schedule 3, section 3.15 (2)
• schedule 4, section 4.10 (1)
• schedule 4, section 4.11 (1)
• schedule 4, section 4.15 (2)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.35 Medicines, Poisons and Therapeutic Goods Act 2008
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
substitute
(3) However, the chief health officer need not decide the application if the chief health officer has asked for something under section 83 and the request has not been complied with.
Explanatory note
This amendment remakes section 85 (3) to omit a reference to an approved form that is redundant because approved forms are not used for this Act.
omit note 1 in
• section 92 (1)
• section 97G (1)
• section 137 (2)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.36 Medicines, Poisons and Therapeutic Goods Regulation 2008
omit the following notes
• section 172 (1), note
• section 173 (1), note
• section 560 (2), note
• section 581 (2), note
• section 592 (2), note
• section 605 (1), note 1
• section 610 (1), note 1
• section 615 (1), note 1
• section 620, note 1
• section 625, note 1
• section 705 (1), note 1
• section 710 (1), note 1
• section 715 (1), note 1
• section 765 (1), note 1
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for the Act.
Part 3.37 Mental Health Act 2015
omit the following notes
• section 19 (1), note 2
• section 22 (2), note
• section 22 (5) (b), note
• section 22 (6), note
• section 26 (3), note
• section 27 (3), note
• section 27 (4), note
• section 27 (5), note
• section 62 (2), note 2
• section 62 (3), note
• section 64 (3), note
• section 70 (2), note
• section 72 (3), note
• section 77 (2) (b), note
• section 87 (2), note
• section 103 (2), note 2
• section 103 (3), note
• section 105 (3), note
• section 106 (3), note 2
• section 110 (2), note
• section 112 (3), note 2
• section 113 (3), note
• section 124 (2) (b), note
• section 131 (3), note 1
• section 225 (2) (e), note 1
• section 227 (2), note 1
• section 228 (2), note 1
• section 230 (1), note 1
• section 231 (1), note
• section 266 (2), note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.38 Mental Health (Secure Facilities) Act 2016
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.39 Nature Conservation Act 2014
omit the following notes
• section 81 (2), note
• section 208 (2), note
• section 264 (2), note 3
• section 287 (3), note 3
• section 289 (2), note 3
• section 291 (1), note 1
• section 294 (1), note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.40 Pawnbrokers Act 1902
omit
his or her
substitute
the pawnbroker’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.96] Dictionary, definition of duplicate
substitute
duplicate, for a pawned article, means a duplicate mentioned in section 10 (1) of a record mentioned in section 9 (2).
Explanatory note
This amendment updates the definition to more precisely reflect the language of sections 9 and 10.
Part 3.41 Payroll Tax Act 2011
omit the note in
• section 16 (3)
• section 86 (2)
• section 87 (2)
• schedule 2, section 2.16 (3)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.42 Pest Plants and Animals Act 2005
[3.98] Section 14 (3), note 1 and section 23 (3), note 1
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.43 Planning and Development Act 2007
[3.100] Section 147AA (2), definition of concurrent extension period, paragraph (b)
omit
section 211D (2)
substitute
section 219 (3)
Explanatory note
This amendment corrects a cross-reference.
[3.101] Section 147AA (2), definition of concurrent extension period, paragraph (c)
omit
section 219 (3)
substitute
section 211D (2)
Explanatory note
This amendment corrects a cross-reference.
Part 3.44 Planning and Development Regulation 2008
25 When survey certificate not required for development applications—Act, s 139 (2) (n)
Explanatory note
This amendment corrects a cross-reference in a heading.
[3.103] Schedule 1, section 1.100AA (4), definition of preliminary block, paragraph (b), note
omit
s 139 (2) (n)
substitute
s 139 (2) (s)
Explanatory note
This amendment corrects a cross-reference.
Part 3.45 Planning Legislation Amendment Act 2020
substitute
7 Form of development applications
New section 139 (2) (u)
before the notes, insert
(u) if the annual amount of the expected greenhouse gas emissions from operating the development is more than the amount prescribed by regulation—be accompanied by an expected greenhouse gas emissions statement for the development.
Explanatory note
This amendment updates a paragraph number and corrects a minor typographical error by inserting missing words. The Planning Legislation Amendment Act 2020
, section 7 will insert new section 139 (2) (t) into the Planning and Development Act 2007
. However, the paragraphs in the Planning and Development Act 2007
, section 139 (2) were renumbered during republication, meaning the new paragraph should be inserted as paragraph (u) rather than (t). The words ‘be accompanied by’ are also inserted to correct a minor typographical error.
Part 3.46 Plant Diseases Act 2002
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.47 Public Health Act 1997
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit the following notes
• section 23 (1), note 2
• section 25 (1), note 2
• section 29 (2), note 2
• section 31, note
• section 36 (2), note 2
• section 42E (1), note 2
• section 42G (1), note 2
• section 43 (2), note 2
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
he or she is
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
he or she
substitute
the Minister
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the Minister’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit the following notes
• section 56F (1), note 2
• section 56H, note
• section 56M (2), note 2
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her identity card, and, unless the authorised officer is the chief health officer, his or her authorisation
substitute
the authorised officer’s identity card, and, unless the authorised officer is the chief health officer, the officer’s authorisation
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
the full name of the applicant and his or her
substitute
the applicant’s full name and
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.117] Section 66C (3) (a) (ii)
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
approved persons
substitute
an approved person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
him or her
substitute
the complainant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.125] Section 74 (1) (b) (i)
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.126] Section 74 (1) (b) (ii)
substitute
(ii) if the person causing the condition cannot be identified—2 or more people occupy the place at which the condition exists, or from which the condition originates.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Each of the persons
substitute
Each person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.129] Section 77 (1) (a) and (b)
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
they
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she may, if he or she considers
substitute
the officer may, if they consider
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the defendant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the person’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
on its own motion
substitute
on its own initiative
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.138] Section 93 (2) and (3)
omit
his or her
substitute
the analyst’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.141] Section 102 (3) and section 102A (4)
omit
he or she
substitute
they
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the pathologist’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
106 Notification by affected person—notifiable conditions
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.145] Section 106 (4) and (6)
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.146] Section 108 (3) and (4)
omit
his or her
substitute
the contact’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
substitute
110 Disclosure of information—person with notifiable condition
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the chief health officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
or persons
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
persons
substitute
people
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
his or her
substitute
the officer’s
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
he or she
substitute
the chief health officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.153] Section 120 (1) (b) and (c)
omit
persons
substitute
person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.155] Further amendments, mentions of he or she
omit
he or she
substitute
the person
in
• section 42A
• section 56A
• section 56T
• section 77 (2) (a)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[3.156] Further amendments, mentions of he or she
omit
he or she
substitute
the officer
in
• section 59 (3)
• section 60 (4)
• section 62 (3)
• section 64 (1)
• section 65 (4)
• section 69 (1) and (2)
• section 70 (3)
• section 71 (1) and (2)
• section 72 (4)
• section 76 (1) and (2)
• section 115 (3)
• section 116
• section 117 (4)
Explanatory note
This amendment updates language in line with current legislative drafting practice.
Part 3.48 Public Health Regulation 2000
[3.157] Section 42 (1), note 1 and section 43 (1), note
omit
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for the Act.
omit
does not properly comply with the approved form, or
Explanatory note
This amendment remakes section 44 (1) (b) to omit a reference to an approved form that is redundant because approved forms are not used for the Act.
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for the Act.
Part 3.49 Public Pools Act 2015
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
omit the following notes
• section 31 (1), note 1
• section 33 (2), note
• section 46 (1), note
• section 61 (2), note
• section 76 (1), notes 2 and 3
• section 77 (1), notes 2 and 3
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.51 Road Transport (General) Act 1999
[3.162] Section 21A (1), definition of infringement notice
substitute
infringement notice—see section 24 (6).
Explanatory note
This amendment corrects a cross-reference.
Part 3.52 Royal Commissions Act 1991
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.53 Scaffolding and Lifts Act 1912
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.54 Smoke-Free Public Places Act 2003
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.55 Spent Convictions Act 2000
substitute
Note See the
, s 7 (1) (k) for discrimination on the ground of irrelevant criminal record. Irrelevant criminal record includes a record relating to a spent or an extinguished conviction (see that Act
, dict).
Explanatory note
This amendment revises the note to correct a cross-reference and to more precisely reflect the language of the Discrimination Act 1991
.
Part 3.56 Taxation Administration Act 1999
omit the note in
• section 19A (1)
• section 39
• section 43 (3)
• section 80 (1)
• section 90D (2)
• section 95 (3)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act or any other tax law.
Part 3.57 Territory Records Act 2002
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.58 Tobacco and Other Smoking Products Act 1927
omit the following notes
• section 47 (1), note 2
• section 47 (4), note
• section 47 (6), note 2
• section 51 (1), note 2
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.59 Tree Protection Act 2005
omit the following notes
• section 22, note 1
• section 32 (3), note 1
• section 46 (1), note 1
• section 55 (1), note 1
• section 66 (4), note 1
• section 67 (1), note 1
• section 106 (3), note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
[3.175] Section 54M (2), note 1
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.61 Utilities (Network Facilities Tax) Act 2006
omit
Explanatory note
This amendment omits a standard note about approved forms that is redundant because approved forms are not used for this Act. The Taxation Administration Act 1999
, section 139C, which provides that forms may be approved for this Act, is omitted by another amendment.
Part 3.62 Veterinary Practice Act 2018
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 206 (1), which requires appointments to be made or evidenced by writing.
[3.178] Sections 142 (1), 144 (1) and 145 (1)
omit
, in writing,
Explanatory note
This amendment omits words that are redundant because of the Legislation Act
, section 42 (2), which requires disallowable instruments to be in writing.
Part 3.63 Waste Management and Resource Recovery Act 2016
omit the following notes
• section 19 (2), note 2
• section 31 (2), note 2
• section 64K (1), note 1
• section 64O (1), note 1
• section 64V (2), note
• section 65 (1), note
• section 67 (1), note 1
• section 96 (4), note
• section 115 (2), note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.64 Water and Sewerage Act 2000
omit the following notes
• section 8 (3), note
• section 8 (5), note
• section 9A (1), note
• section 9A (3), note 1
• section 16 (4), note
• section 16 (8), definition of minor works notice, note
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.65 Water Resources Act 2007
omit note 1 in
• section 20 (1)
• section 29 (1)
• section 34 (1)
• section 38 (1)
• section 43 (1)
• section 48 (1)
• section 53 (1)
Explanatory note
This amendment omits standard notes about approved forms that are redundant because approved forms are not used for this Act.
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Part 3.66 Workplace Privacy Act 2011
omit
Explanatory note
This amendment omits a provision that is redundant because approved forms are not used for this Act.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 20 April 2021.
2 Notification
Notified under the
on 2021.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2021
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