2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend or repeal certain Acts and regulations for the purpose of statute law revision

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Statute Law Amendment Act 2002 (No 2).

(1) This Act commences on the 28^th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) However, a date or time provided by or under a special commencement provision for an amendment or repeal made by this Act has effect, or is taken to have had effect, as the commencement date or time of the amendment or repeal.

(3) In this section:

special commencement provision, for an amendment or repeal made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.

An amendment followed by ‘(commencement: 1 January 2002)’ means that the amendment is taken to have commenced on 1 January 2002.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

The purpose of this Act is to improve the quality of the statute law of the Territory by amending or repealing Acts and regulations for the purpose of statute law revision.

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Schedules 1 to 3 amend the Acts and regulations mentioned in them.

(1) Schedules 4 and 5 repeal the Acts mentioned in them.

(2) The following Acts are declared to be laws to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies:

• Demise of the Crown Act 1547 1 Edw 6 c 7

• Demise of the Crown Act 1702 1 Anne c 2

• Demise of the Crown Act 1707 6 Anne c 41

• Demise of the Crown Act 1901 1 Edw 7 c 5.

Joseph Thomas Baker is taken to be, and always to have been, the commissioner for the environment for the period beginning on 15 December 2001 and ending on 30 April 2002 as if the instrument of appointment purportedly appointing Joseph Thomas Baker as commissioner for the environment made by the Minister for Urban Services on 24 September 2001 had been properly—

(a) notified under the Legislation Act 2001, section 61; and

(b) presented to the Legislative Assembly under the Legislation Act 2001, section 64 (1).

Note The instrument of appointment made by the Minister for Urban Services on 24 September 2001 is accessible at www.legislation.act.gov.au and is numbered DI2001-315.

(1) Anything done by Joseph Thomas Baker in accordance with the instrument of appointment mentioned in section 30 during the period beginning on 15 December 2001 and ending on 30 April 2002 in the purported exercise of the powers of the commissioner for the environment is taken to be, and always have been, as valid as if the instrument of appointment had been properly—

(a) notified under the Legislation Act 2001, section 61; and

(b) presented to the Legislative Assembly in accordance with the Legislation Act 2001, section 64 (1).

(2) Without limiting subsection (1), any right or obligation that was to have been created by an act of Joseph Thomas Baker as mentioned in subsection (1), is taken to be, and always have been, created by that act.

(3) This section does not limit section 30.

This part expires the same day it commences.

Note If a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law. See Legislation Act, s 88 (1) (b).

This amendment inserts provisions to validate the appointment and actions of the Commissioner for the Environment, Dr Baker, from the end of his previous term on 15 December 2001 until his reappointment on 29 April 2002. This is needed because the instrument reappointing Dr Baker from the end of his term on 15 December 2001 to the end of June 2003 was inadvertently not presented to the Assembly within the time required under the Legislation Act. Dr Baker was subsequently reappointed by another instrument of appointment on 29 April 2002 and that instrument of appointment has been notified and presented to the Assembly within the required time.

12 hours.

15 hours.

(commencement: the day after this Act’s notification day)

This amendment increases the time that the licensee of a place licensed under the Intoxicated Persons (Care and Protection) Act 1994 can allow a person admitted to the place to remain there. The period is being increased from 12 to 15 hours to allow for a new shelter that is due to begin early next year with opening hours of 8pm to 10am. If the legislation is not changed, a person admitted to the shelter at 8pm would have to leave by 8am in the morning. In some circumstances (eg on a cold winter morning) it may be more reasonable for a person to be able to stay until 10am.

(5) In this section:

reserved area includes an area of public land that—

(a) is reserved under the Territory plan as a special purpose reserve; and

(b) is not leased land.

(commencement: the day after this Act’s notification day)

This amendment brings special purpose reserves that are unleased land within the definition of ‘reserved areas’ for section 53 (Access to reserved areas). The definition of ‘reserved area’ in the Nature Conservation Act 1980, dictionary already covers wilderness areas, national parks and nature reserves. Section 53 allows the conservator of flora and fauna to prohibit or restrict access to reserved areas if public safety would be endangered or management interfered with. The different designations of land administered by Environment ACT can cause administrative difficulty if it is necessary to close land, eg because of bushfire. Closure of places like Tidbinbilla presently requires the exercise of powers under both the Nature Conservation Act 1980 and the Trespass on Territory Land Act 1932 using different instruments and procedures. This fragmented approach creates enforcement difficulties. Including special purpose reserves as ‘reserved areas’ for section 53 will allow the conservator to close land using a single instrument and procedure. As there are some small parts of special purpose reserves that are covered by rural leases, leased areas are not proposed to be included within the definition of ‘reserved areas’ and the power to close reserved areas would not extend to them.

Australian Standard 1668.2 means Australian Standard 1668.2 as in force on 5 October 1994.

(commencement: the day after this Act’s notification day)

This amendment inserts a definition of Australian Standard 1668.2 to make it clear that the references in the Act to the standard are to the standard as it was in force when relevant provisions of the Act commenced.

(1) The occupier of a restaurant or licensed premises for which a certificate of exemption is in effect may apply to the Minister for the exemption to be varied.

(2) The Minister must vary the exemption unless—

(a) for a restaurant—a certificate could not be granted for the exemption as varied under section 8 (2); or

(b) for part of licensed premises—a certificate could not be granted for the exemption as varied under section 8 (3); or

(c) the restaurant or licensed premises are being rebuilt or relocated.

(3) If the Minister varies the exemption, the Minister must enter the details of the variation in the register.

(commencement: the day after this Act’s notification day)

This amendment inserts an additional section to allow for applications to vary exemptions that have been granted under the Act. This will enable restaurants and licensed premises that wish to change their operating arrangements (other than by rebuilding or relocating their premises) to have their existing exemption varied rather than needing to apply for a new exemption (which is a more costly process).

(3) However, an individual is taken not to be a worker employed by the principal if—

(a) the engagement of the individual by the principal is arranged by an educational institution where the individual is enrolled; and

(b) the engagement is part of a work experience program (however described) run by the educational institution.

work placement program

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) In subsection (3):

educational institution means—

(a) a school, college or other educational institution established or maintained on behalf of the Territory; or

(b) a school registered, or provisionally registered, under the Education Act 1937, part 3 (Registered schools); or

(c) an educational institution established under a Territory law or a law of the Commonwealth or a State.

This amendment clarifies the Act to ensure that students in the workplace on work experience programs (however described) are not considered to be workers. This was the position under the Act before it was amended by the Workers Compensation Amendment Act 2001 (the Amendment Act). Amendments under the Amendment Act to ensure that individuals being trialled by employers before being employed are covered by the Workers Compensation Act 1951 left the position of work experience students unclear. Work experience students in the workplace are covered by insurance arrangements entered into by the educational institution they attend. Because the educational institution bears the risk of injury to work experience students, employers are more willing to give work experience to students than if the employers had to pay extra workers compensation premiums for the students. This amendment does not affect the requirement under the Occupational Health and Safety Act 1989 to provide a safe work environment or any obligation of educational institutions to safeguard the wellbeing of students.

is entitled

is or may be entitled

This amendment brings section 38 into line with the policy of the Act as a whole. Employers are required to pay injured workers from the time of injury, before liability is established. Section 38 was inserted by the Workers Compensation Amendment Act 2001 as part of a package of reforms designed to reduce workers compensation costs by treating injured workers promptly for injuries and, in that way, reducing the risk of injuries lasting long-term. Injuries treated promptly are less likely to become long-term injuries and therefore are less costly for insurers and the community.

arbitration

conciliation or arbitration

This amendment allows decisions about the proportion of a worker’s loss of use of a thing mentioned in the Act, schedule 1 (Compensation for permanent injuries) to be conciliated, rather than having to be decided by arbitration if the parties cannot agree on a proportionate loss of use. The amendment brings section 59 into line with the policy of the Act that conciliation is an option for resolving issues without having to resort to more expensive adversarial proceedings.

(3A) To remove any doubt, the payment under subsection (2) (a) need not be divided equally between the dependants, but may be divided between them as the Magistrates Court considers appropriate.

This amendment clarifies section 77 to ensure that the Magistrates Court may divide a compensation payment payable to dependants as the court considers appropriate. Section 77 was revised by the Workers Compensation Amendment Act 2001 (the amendment Act). Before the amendment of the Workers Compensation Act 1951 by the amendment Act, the Magistrates Court divided compensation payable to dependants as the court considered appropriate. This amendment ensures that the Magistrates Court continues to have that power.

(5) If the worker did not have dependants, the personal representative of the worker is entitled to a maximum of $4 000 cpi indexed for the funeral expenses of the worker.

This amendment reinserts the entitlement of a dead worker’s personal representative to costs for the worker’s funeral expenses. This entitlement was inadvertently omitted when amendments were made to the Act by the Workers Compensation Amendment Act 2001.

inadequate

manifestly inadequate

This amendment brings section 79 into line with section 80 (2) (b). It also addresses concerns that working out whether the amount of compensation payable under an agreement between the worker and employer in substitution for a right under the Workers Compensation Act 1951 is inadequate would require a mini-hearing of the worker’s claim for compensation. The ability to enter into a registered agreement under the Act is intended to reduce the need for the Magistrates Court to consider claims and reduce the cost of claims. By including ‘manifestly’ before inadequate, the provision only requires the Magistrates Court to consider the injury to which the agreement relates at face value and reduces the chance that the court will refuse to register the agreement of the parties.

This amendment rewrites a column heading to the table in schedule 1 (Compensation for permanent injuries) to bring it into line with the rest of the Act. Before this amendment, the heading to the table was ambiguous and could lead readers to believe the amount of compensation to which the percentage under the column related was the maximum loss amount (although that phrase was not used). The Act, section 51 (1) clearly sets out that the amount payable for a loss to which the table relates is the percentage of the single loss amount stated in schedule 1, column 3.

(i) bills presented to the Legislative Assembly;

(j) explanatory statements for bills, and amendments of bills, presented to the Legislative Assembly;

(k) explanatory statements, and regulatory impact statements under chapter 5, for subordinate laws and disallowable instruments.

This amendment adds explanatory statements for bills (and amendments of bills), subordinate laws and disallowable instruments, and regulatory impact statements to the list of material that must be included on the ACT legislation register. Explanatory statements for bills (previously called explanatory memoranda), and explanatory statements and regulatory impact statements for subordinate laws and disallowable instruments have been included on the register since the beginning of the current Assembly.

This amendment is consequential on the insertion of new section 19 (1) (j). It omits a paragraph that listed explanatory memoranda for bills, and amendments of bills, as part of the material that may be included on the ACT legislation register.

This amendment renumbers paragraphs consequentially on the omission of section 19 (4) (e).

law means—

(a) an Act, subordinate law or disallowable instrument; or

(b) a Commonwealth Act, or any regulations, rules, ordinance or disallowable instrument under a Commonwealth Act; or

(c) a provision of a law mentioned in paragraph (a) or (b).

This amendment remakes the definition to be consistent in style with the definition of law of another jurisdiction in section 47 (10).

instrument is made

relevant instrument is made

This amendment clarifies a provision.

(d) does not include a number that would give the instrument a unique name; or

(e) is otherwise not in accordance with current legislative drafting practice.

This amendment inserts an additional paragraph (e) for consistency with existing section 60 (2) (b). The amendment will allow the parliamentary counsel to ensure that registrable instruments included on the register are correctly named. The correct, consistent naming of instruments will facilitate access to instruments on the register.

A registrable instrument has the name ‘XYY Amendment Order 2002 (No 1)’. The instrument was made under the XYZ Act 2000 (the authorising Act). The name of the instrument does not correctly reflect the name of the authorising Act.

This amendment includes an example to illustrate the operation of new section 60 (1) (e).

repealed

amended

This amendment corrects a minor error.

The XYZ Act 2002 was notified on 1 October 2002. It contains the following provision:

This Act commences on 1 December 2002.

The provisions of the XYZ Act 2002 providing for its name and commencement commence on 1 October 2002.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

This amendment inserts a new example.

(2) However, if a provision of the law is taken to have commenced before the law’s notification day, the naming and commencement provisions are taken to have automatically commenced—

(a) on that commencement; or

(b) if 2 or more provisions of the law are taken to have commenced at different times before the notification day—on the earlier or earliest of the commencements.

(1) This Act, other than sections 9 and 10, commences on a day fixed by the Minister by written notice.

(2) Section 9 is taken to have commenced on 1 July 2001.

(3) Section 10 is taken to have commenced on 1 August 2001.

The provisions of the XYZ Act 2001 providing for its name and commencement are taken to have commenced on 1 July 2001.

This amendment recasts the subsection to make it more self-explanatory. The operation of the subsection is unchanged. The amendment also updates the example to bring it more closely into line with the amended example to section 77 (1) and omits a note that is unnecessary in section 75 (2) because it is included in section 75 (1).

by notice

by written notice

This amendment updates an example to bring it more closely into line with the definition of commencement notice in section 11.

by notice

by written notice

This amendment updates an example to bring it more closely into line with the amended example to section 77 (1).

(the law concerned),

, (the law concerned)

This amendment corrects punctuation.

repeal includes lapse and expiry.

This amendment adds ‘lapse’ to the definition of repeal in section 82.

This amendment revises the section heading to more accurately reflect the contents of the section.

automatically

repealed

This amendment inserts a missing word.

(5A) If an instrument making, or evidencing, an appointment (including an acting appointment) is a registrable instrument, the instrument is automatically repealed on the day the appointment ends.

This amendment inserts a provision for the automatic repeal of registrable instruments making, or evidencing, appointments when the appointments end. The amendment will ensure that the instruments can be removed from the current part of the ACT legislation register when the appointments end. This will ensure that the current part of the register is not cluttered up, over time, with instruments about appointments that have ended. Instruments removed from the current part of the register will continue to be accessible in the repealed part of the register.

amend does not include modify.

This amendment makes it clear that the provisions of the section about the automatic repeal of amending laws and provisions do not apply to modifying laws and provisions. A modifying law or provision has the effect of modifying the operation of the law (see Legislation Act, s 95). Accordingly, it is not appropriate that they should be automatically repealed in the same way as amending laws and provisions.

This amendment provides for the consequential renumbering of subsections.

This amendment revises the example heading to make it clear that the example is an example of the section.

Its repealing provisions, and its other provisions apart from the amending provisions, commence on the date of notification, 21 March 2002. Its amending provisions commence on a date fixed by the Minister by notice, 12 April 2002.

Its repealing provisions, and its other provisions apart from the naming provision, the commencement provision and the amending provisions, commence on the day after its notification day, 22 March 2002. Its amending provisions commence on a date fixed by the Minister by written notice, 12 April 2002.

This amendment revises part of an example to bring it more closely into line with other provisions of the Act, especially section 73 (General rules about commencement). Section 73 was amended by the Legislation Amendment Act 2002 to change the default commencement date.

This amendment revises the example heading to make it clear that the example is an example of the section.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

This amendment inserts a standard note.

(1) This section applies if—

(a) a law expressly or impliedly authorises or requires—

(i) the making of an appointment or statutory instrument; or

(ii) the delegation of a function; or

(iii) the issue of a licence or permit (however described); or

(iv) the doing (however described) of anything else; and

(b) the law is amended by another law; and

(c) under the amended law—

(i) the appointment or statutory instrument may be made; or

(ii) the function may be delegated; or

(iii) the licence or permit may be issued; or

(iv) the thing may be done;

whether by the same or a different entity.

1 the giving of an approval, consent or permission

2 the making of a recommendation

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see s 126 and s 132).

(2) An appointment, statutory instrument, delegation, licence, permit or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect as if it had been made, issued or done (however described) under the amended law.

This amendment remakes section 94 (1) and (2) to expressly include licences and permits as things that continue to have effect if the law under which they are issued is amended. The amendment also includes examples and makes it clear that ‘doing’ and ‘done’ are intended to cover actions that are described using other verbs in the relevant law (eg give).

section and subsection

section, subsection and paragraph

This amendment corrects a minor error.

it

the word or expression (or, if the reference includes a reference to the definition of another word or expression, that word or expression)

This amendment extends the provision about the meaning of signpost definitions to signpost definitions that define the meaning of a word or expression by reference to the definition of another word or expression (see example inserted by next amendment).

3 A signpost definition ‘OH&S Council—see the XYZ Act 2000, dictionary, definition of council.’ means that the expression ‘OH&S Council’ has the same meaning as the word ‘council’ has in the definition of council in the XYZ Act 2000, dictionary, as in force from time to time.

This amendment inserts an example to explain the operation of the previous amendment of section 131 (1).

retains possession of

keeps

This amendment updates language.

not exceeding

of not more than

This amendment updates language.

memorandum

statement (however described)

This amendment updates a reference to the explanatory material presented with a bill.

not later

not later than

This amendment corrects a minor error.

If, under a provision of an Act or statutory instrument, an act is required to be done, the obligation to do the act continues until the act is done even if—

(a) the provision required the act to be done within a particular period or before a particular time, and the period has ended or the time has passed; or

(b) someone has been convicted of an offence in relation to failure to do the act.

This amendment remakes the section to clarify that an obligation to do an act continues until the act is done even if someone has been convicted of an offence for failing to do the act (see also s 193 (Continuing offences)).

2 000 penalty units

100 penalty units

This amendment makes the example consistent with section 161 (3).

(3) In this section:

public servant includes a fire commissioner, deputy fire commissioner or other member of the fire brigade.

This amendment clarifies that a fire commissioner, deputy fire commissioner or other member of the fire brigade is a public servant for division 19.3.3. An appointment to which that division applies must be the subject of Assembly consultation before it is made, and is disallowable. These requirements, previously found in the Statutory Appointments Act 1994, were transferred to the Legislation Act by the Legislation Amendment Bill 2002. The requirements are expressed not to apply to appointments of public servants. Members of the fire brigade were regarded as public servants for the Statutory Appointments Act and there was no intention to change this when the provisions were moved into the Legislation Act. However, the terms ‘public servant’ and ‘public service’ have been expressly defined in the Legislation Act and ‘public servant’ now means someone employed in the Australian Capital Territory Public Service. As the fire brigade is constituted under the Fire Brigade (Administration) Act 1974 and is not part of the ACT public service constituted under the Public Sector Management Act 1994, section 227 is being amended to ensure that appointments of people who are already employed under the Fire Brigade (Administration) Act are not caught by division 19.3.3.

This amendment remakes the heading to make it more informative.

opinion, belief or

This amendment is consequential on the insertion into section 239 of a new definition of state of mind.

(5) In this section:

state of mind includes knowledge, intention, opinion, belief or purpose.

This amendment inserts a new definition of state of mind to clarify the meaning of the term in section 239. The term is intended to have a wide meaning and is defined in an inclusive way.

A document

(1) A document

This amendment is consequential on the insertion of new section 247 (2).

(2) This section applies to service of a document outside the ACT in the same way as it applies to service of the document in the ACT.

This amendment inserts a new subsection to make it clear that the section applies to service of documents outside the ACT (eg sending a licence renewal by prepaid post to the business address of an individual in NSW). The effect of the section is subject to section 251. Section 251 preserves the operation of other laws that require service of documents (eg court processes) otherwise than as provided in the section.

A document

(1) A document

This amendment is consequential on the insertion of new section 248 (2).

(2) This section applies to service of a document outside the ACT in the same way as it applies to service of the document in the ACT.

This amendment inserts a new subsection to make it clear that the section applies to service of documents outside the ACT (eg sending a licence renewal by prepaid post to the registered office of a corporation in NSW). The effect of the section is subject to section 251. Section 251 preserves the operation of other laws that require service of documents (eg court processes) otherwise than as provided under part 19.5.

(2) The authorising law authorises a form to be approved or prescribed in relation to any matter under or in relation to the relevant law.

This amendment brings language into line with language used elsewhere in the Act (see especially new definition of in relation to inserted by another amendment in this part).

This amendment updates this table, including because some Acts that were in the table are repealed by this Act (see this Act, sch 4).

AAT—see definition of administrative appeals tribunal.

This amendment inserts a signpost definition in accordance with current drafting practice.

ADI—see definition of authorised deposit-taking institution.

This amendment remakes the definition of ADI as a signpost definition in accordance with current drafting practice.

authorised deposit-taking institution (or ADI) means an authorised deposit-taking institution under the Banking Act 1959 (Cwlth).

This amendment remakes the definition of authorised deposit-taking institution to include reference to the acronym ADI in accordance with current drafting practice.

DPP—see definition of director of public prosecutions.

This amendment inserts a signpost definition in accordance with current drafting practice.

found guilty, of an offence, includes—

(a) having the offence taken into account under the Crimes Act 1900, section 357 (which is about taking outstanding charges into account when passing sentence); and

(b) having an order made in relation to the offence under the Crimes Act 1900, section 402 (Conditional release of offenders without proceeding to conviction) or the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction).

This amendment remakes the definition of found guilty to include the information in brackets about the sections mentioned in the definition and to change the cross-reference to the Children and Young People Act 1999 to the appropriate provision.

in relation to includes the following:

(a) in respect of;

(b) with respect to;

(c) in connection with;

(d) in regard to;

(e) with reference to;

(f) relating to;

(g) for or with respect to.

This amendment inserts a new definition of in relation to. This is the standard connecting phrase used in ACT drafting.

Legislation Act means the Legislation Act 2001.

This amendment inserts a new definition of Legislation Act.

or

under

This amendment brings the definition more closely into line with section 104 (References to laws include references to instruments under laws) and makes it clear that matters can be prescribed under an Act by instruments made under regulations under the Act. See also definition of under in the Legislation Act, dictionary, part 1.

This amendment omits a redundant definition. The tenancy tribunal was abolished by the Leases (Commercial and Retail) Act 2001.

as in force from time to time

This amendment omits unnecessary words. A reference to a law or instrument includes a reference to the law or instrument as originally made, and as amended from time to time since it was originally made (see Legislation Act, s 102 (1) (a)).

with respect to

in relation to

• section 44 (1)

• section 45 (1)

• section 48 (1) (a)

• section 50 (1)

• section 56 (2)

• section 307 (1)

This amendment is consequential on the insertion (by another amendment in this part) of a definition of in relation to in the Legislation Act, dictionary, part 1. Under that definition, in relation to includes ‘with respect to’.

section 22 (1)

section 36AA

This amendment updates a cross reference consequent on the relocation of section 22 as section 36AA by another Act.

section 22

section 36AA

This amendment updates a cross reference consequent on the relocation of section 22 as section 36AA by another Act.

The regulations may designate an area to be the casino for this Act.

This amendment brings the provision into line with other ACT laws that provide for the making of regulations by the Executive rather than a Minister (see Legislation Act, s 41).

(1) The torts of maintenance and champerty are abolished.

Note For the abolition of the common law offences of maintenance, champerty and being a common barrator, see Law Reform (Miscellaneous Provisions) Act 1955, s 68.

(2) Subsection (1) does not affect any rule of law about—

(a) the illegality or avoidance of contracts that are tainted with maintenance or are champertous; or

(b) the misconduct of a lawyer who—

(i) engages in conduct that would have been maintenance at common law; or

(ii) is a party to a champertous agreement.

This amendment relocates provisions about the abolition of the torts of maintenance and champerty from the Law Reform (Miscellaneous Provisions) Act 1955 to the Civil Law (Wrongs) Act 2002.

(1) The Legislation Act 2001, section 84 (Saving of operation of repealed and amended laws) applies to the abolition of a tort under section 151A as if the section repealed a law.

(2) This section expires on the expiry of section 150.

(3) Subsection (1) is declared to be a provision to which the Legislation Act 2001, section 88 (Repeal does not end transitional or validating effect etc) applies.

This amendment is consequential on the relocation by another amendment in this schedule of provisions about the abolition of the torts of maintenance and champerty from the Law Reform (Miscellaneous Provisions) Act 1955 to the Civil Law (Wrongs) Act 2002. Subsections (2) and (3) are added to provide for the expiry of the section and the preservation of its ongoing transitional effect.

These regulations commence on the day they are notified in the Gazette.

(commencement: 7 October 1994)

The commencement provision of these regulations provided that the regulations ‘commence on the day on which section 7 of the Credit (Amendment) Act 1994 commences’. That Act commenced on 5 October 1994 (that is, the day that Act was notified in the Gazette). However, the regulations were not notified in the Gazette until 7 October 1994.

The backdating of this amendment makes it clear that the regulations validly commenced on the day they were notified in the Gazette. This result is consistent with the provision now made by the Legislation Act, section 73 (3) (which is about the commencement of laws).

thereby

by the assault

This amendment updates language.

1999)

This amendment corrects a minor error.

(1) In this section:

conveyance—see section 27 (1).

interferes with—see section 27 (2).

public utility service—see section 27 (1).

transport facility—see section 27 (1).

This amendment changes the definitions to signpost definitions in accordance with current drafting practice.

thereby

by the abandonment or exposure

This amendment updates language.

This amendment remakes the heading to make the section’s scope clearer.

This amendment omits an unnecessary definition (see Legislation Act, dict, pt 1, def adult).

unless

the evidence is rebutted by the prosecution.

This amendment updates language.

in loco parentis

in place of a parent

This amendment updates language.

classified—see the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, dictionary.

This amendment revises a signpost definition in accordance with current drafting practice.

This amendment remakes the heading to make the section’s scope clearer.

midwife

registered midwife under the Nurses Act 1988

This amendment allows section 76 (4), which defines a midwife, to be omitted.

This amendment omits the definition of midwife that was made redundant by amendment of section 76 (2) (a) by another amendment in this schedule.

This amendment brings the heading into line with current drafting practice.

refuses or

This amendment omits unnecessary words (see Legislation Act, dict, pt 1, def fail).

In

(1) In

This amendment is consequential on the insertion of new section 155 (2) by another amendment.

(2) In this section:

document of title to land includes any document that is or contains evidence of title to the land or an interest in the land.

Note  Interest, in relation to land or other property, is—

(a) a legal or equitable estate in the land or other property; or

(b) a right, power or privilege over, or in relation to, the land or other property.

See Legislation Act, dict, pt 1, def interest.

The dictionary definition of document of title to land is omitted by another amendment in this schedule. The term is used only in section 155 and the definition is relocated and recast in accordance with current drafting practice.

refuses or

This amendment omits unnecessary words (see Legislation Act, dict, pt 1, def fail).

(3) In this section:

Commonwealth officer—see the Crimes Act 1914 (Cwlth), section 3.

constable—see the Crimes Act 1914 (Cwlth), section 3.

This amendment updates the definitions to current definition style.

Whosoever

A person who

This amendment updates language.

(b) to—

(i) seize things of that kind; or

(ii) record fingerprints from things; or

(iii) to take forensic samples from things;

found in the course of the search; and

This amendment inserts ‘or’ at the end of subparagraph (b) (i) and (ii) in accordance with current drafting practice.

refuse or

This amendment omits unnecessary words (see Legislation Act, dict, pt 1, def fail).

This amendment omits an unnecessary definition (see Legislation Act, dict, pt 1, def commissioner of police).

This amendment omits a redundant provision. The section defines Act and statute. Act is defined in the Legislation Act and the definition of statute is redundant.

in connection therewith or consequent thereon.

in relation to, or consequent on, the trial.

This amendment updates archaic language.

therein

in the indictment

This amendment updates archaic language.

in respect thereof

in relation to them

This amendment updates archaic language.

(1) An accused person has the right in any court to—

(a) make a full answer and defence to a charge by a lawyer; and

(b) reserve the person’s address until after the close of the evidence for the defence.

(2) If the accused person reserves the person’s address until after the close of the evidence for the defence, all evidence in reply for the prosecution must be given before the person’s address.

This amendment updates language and otherwise brings the section more closely into line with current drafting practice.

(d) if the defendant is told by or on behalf of the prosecution that the person has not been found by the name, or at the address, given by the defendant—

(i) the defendant immediately gives notice of any information in the defendant’s possession that might be of material assistance in finding the person; or

(ii) if the defendant later receives any such information—the defendant immediately gives the prosecution notice of the information.

This amendment updates the paragraph’s language and improves its structure.

(1) This section applies before a court passes sentence on a convicted person.

(2) The court may, at its own initiative or at the request of the prosecution or the convicted person, summon witnesses and examine them on oath in relation to any matter in extenuation of the person’s offence.

This amendment updates language and otherwise brings the section more closely into line with current drafting practice.

This amendment omits a redundant definition.

This amendment omits the definition of available documents which is included in subsection (16) by another amendment in this schedule.

available documents means any of the following:

(a) any written statements or admissions that were made for use as evidence at a trial and would have been admissible as evidence at the trial;

(b) the depositions taken at any committal proceeding;

(c) any written statements or admissions used as evidence in any committal proceeding.

This amendment relocates a definition to the subsection containing other definitions for the section and updates the form of the definition.

This amendment is consequential on the omission of section 350 (14) by another amendment in this schedule.

thereof

of the sentence or sentences

This amendment updates archaic language.

(b) in any other case—order that the article be forfeited to the Territory.

This amendment updates language.

(a) if it is satisfied that the article should be forfeited—order that the article be forfeited to the Territory; or

This amendment updates language.

member of the police force

police officer

This amendment updates a reference.

This amendment omits a reference to the Fines and Penalties Act 1901 (NSW) which is no longer in force in the ACT.

This amendment is consequential on the omission of section 403 (5) by another amendment in this schedule.

in all or any of the following ways, that is to say, by:

in 1 or more of the following ways:

This amendment updates language.

(10) In this section:

authorised person means the Attorney-General or a person appointed under the Supreme Court Act 1933, section 68 (1) to prosecute indictable offences triable before the Supreme Court.

variation, in relation to how instalments of a penalty are to be paid, includes a variation of the amount of any instalments of the penalty.

This amendment recasts the form of the definition of variation in accordance with current drafting practice.

refuses or

This amendment omits unnecessary words (see Legislation Act, dict, pt 1, def fail).

A document may be served under this Act on a person—

(a) by giving a copy of the document to the person; or

(b) by leaving a copy of the document, addressed to the person, at the person’s last-known home or business address with someone who appears to be at least 16 years old and to live or be employed at the address.

Note For other ways of serving documents, see Legislation Act, pt 19.5.

This amendment updates the section and inserts a new note about the service of documents.

This amendment omits a provision that gives the Supreme Court jurisdiction to hear and decide matters about community service orders. The section is unnecessary because the Legislation Act, section 176 provides for the jurisdiction of courts.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• Act

• adult

• contravene

• chief police officer

• commissioner of police

• director of public prosecutions

• fail

• indictable offence (see also s 190)

• judge

• lawyer

• magistrate

• medical practitioner

• penalty unit (see also s 133)

• police officer

• summary offence (see also s 190)

• the Territory.

This amendment inserts standard dictionary notes.

This amendment is consequential on the insertion of the definition into section 155 by another amendment in this schedule.

This amendment omits an unnecessary definition (see Legislation Act, dict, pt 1, def medical practitioner).

This amendment omits the Crimes Legislation Amendment Act 2001, part 11. That part makes amendments of the Supreme Court Act 1933 that are no longer necessary. The amendments were consequential on another proposed amendment of the Supreme Court Act (the insertion of new section 37R) by the Crimes Legislation Amendment Bill 2001. However, proposed section 37R was omitted from the bill by an amendment during the passage of the bill.

animal welfare offence means an offence against a provision of any of the following sections of the Animal Welfare Act 1992:

(a) section 7 (Cruelty);

(b) section 8 (Pain);

(c) section 9 (Confined animals);

(d) section 10 (Alleviation of pain);

(e) section 11 (Release);

(f) section 12 (Administering poison);

(g) section 12A (Laying poison);

(h) section 13 (Electrical devices);

(i) section 14 (Spurs);

(j) section 15 (Conveyance and containment);

(k) section 15A (Carriage of dogs);

(l) section 16 (Working, riding and driving unfit animals);

(m) section 17 (Matches, competitions and baiting);

(n) section 19 (Medical and surgical procedures—people other than veterinary surgeons).

This amendment updates the definition consequent to amendments of the Animal Welfare Act 1992 by the Animal Welfare Amendment Act 2000, as follows:

• by inserting the offences under new section 12A (Laying poison) and new section 15A (Carriage of dogs) inserted by the amending Act;

• by consequentially amending the references to the headings to sections 12 and 19.

The offences in new sections 12A and 15A are similar in nature to the other offences mentioned in the definition.

This amendment omits from the heading a reference to children to bring the heading’s scope into line with the contents of the part.

drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.

This amendment is consequential on amendments of the Poisons and Drugs Act 1978 made by this schedule.

restricted substance means—

(a) a substance mentioned in the drugs and poisons standard, schedule 4;

(b) a restricted substance under the Poisons and Drugs Act 1978; or

(c) a drug of dependence under the Drugs of Dependence Act 1989.

This amendment is consequential on amendments of the Poisons and Drugs Act 1978 made by this schedule.

(1) The chairperson

The chairperson

This amendment is consequential on the omission of section 5 (2) by the next amendment.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

This amendment omits section 5 (2) which makes the appointment of the chairperson and each board member by the Minister a notifiable instrument. The omission allows the Legislation Act, division 19.3.3 (Appointments—Assembly consultation) to apply to the appointments. The amendment also adds standard notes about appointments.

This Act is the Lakes Act 1976.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This amendment brings the naming provision of the Act into line with current drafting practice, adds standard dictionary and notes provisions and omits the definition section for the Act. A new dictionary is inserted by another amendment.

(1) The following provisions do not bind the Territory:

• section 16 (General restrictions on boats)

• section 17 (Restrictions on bathing, swimming and diving)

• section 18 (Interference with signs)

• section 19 (2) and (3) (Approved buoys, wharves and jetties)

• section 20 (2) (Restrictions on mooring)

• section 24 (Anchoring of boats)

• section 25 (3) (Mooring of boats)

• section 29 (2) (Restriction on use of hovercraft)

• section 32 (Camping and caravanning).

This amendment updates section heading references consequentially on other amendments.

The chief executive must appoint a public servant as the Delegate for Lakes.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(1) The chief executive may appoint a public servant as an inspector for this Act.

Note See the notes to s 6. Also, a person may be appointed for a particular provision of the Act (see Legislation Act, s 7 (3)).

(2) The delegate for lakes and police officers are also inspectors.

(1) The chief executive must issue the delegate for lakes and an inspector (other than a police officer) with an identity card that states the person is an inspector for this Act, or stated provisions of this Act, and shows—

(a) a recent photograph of the person; and

(b) the name of the person; and

(c) the date of issue of the card; and

(d) a date of expiry for the card; and

(e) anything else prescribed under the regulations.

(2) A person who ceases to be an inspector must return his or her identity card to the chief executive as soon as practicable, but no later than 7 days after ceasing to be an inspector.

Maximum penalty (subsection (2)): 1 penalty unit.

This amendment removes the requirement that the chief executive must create and maintain offices for inspectors etc in the public service. The Legislation Act, section 207 provides that an appointment may be made by naming the person appointed or by nominating the occupant of a position (however described), at a particular time or from time to time. Standard notes about appointments are also inserted.

This amendment also updates the provision about identity cards.

(1) A person must not, without reasonable excuse, obstruct or hinder an inspector in the exercise of the inspector’s functions under this Act.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) A person must not, without reasonable excuse, contravene a direction given by an inspector under this Act.

Maximum penalty: 50 penalty units.

This amendment updates language.

This amendment brings the section’s heading into line with current drafting practice by making it more descriptive of the section’s contents.

(2) The Minister must ensure that any action necessary to minimise any detriment, inconvenience and damage that may result from doing something under subsection (1) is taken.

This amendment updates language.

by a sign erected, placed or displayed in such manner as he or she thinks necessary

by a sign erected or displayed

This amendment updates and simplifies language.

This amendment brings the section’s heading into line with current drafting practice by making it more descriptive of the section’s contents.

This amendment brings the section’s heading into line with current drafting practice by making it more descriptive of the section’s contents.

commissioner for police

chief police officer

This amendment updates a reference to a position.

(8) Subsections (5) and (6) do not apply to a public employee, or someone else, who is authorised by the Territory to exercise a function in relation to a lake.

This amendment simplifies the language of the subsection in accordance with current drafting practice.

(1) The Minister may, by notice published in a daily newspaper circulating in the ACT, declare a part of a lake to be a closed area for the period stated in the notice.

(2) The Minister may also, by the notice, authorise an entity to conduct a stated event in the closed area during the stated period.

Note Entity includes an unincorporated body, see Legislation Act, dict, pt 1.

(3) A person must not enter the closed area during the period stated in the notice unless, in a case to which subsection (2) applies, the person is authorised by the entity to enter the area.

Maximum penalty: 50 penalty units.

(4) Subsection (3) does not apply to a public employee, or someone else, who is authorised by the Territory to exercise a function in relation to the lake.

(5) In this section:

event means a regatta, exhibition, sporting contest or other display.

This amendment combines existing sections 22 and 23 and brings them into line with current drafting practice.

This amendment is consequential on the remaking of section 22 by another amendment in this schedule.

This amendment is consequential on the remaking of section 22 by another amendment in this schedule.

(1) A person must not anchor a boat on a lake at night.

Maximum penalty: 50 penalty units.

This amendment updates language.

(4) A notice under this section may be served on a sports club—

(a) by giving a copy of the notice to a member of the governing body of the club; or

(b) by sending it by prepaid post, addressed to the governing body of the club, at the club’s last-known address.

Note For other ways of serving documents, see Legislation Act, pt 19.5.

This amendment brings the subsection into line with current drafting practice.

(3) Subsections (1) and (1A) do not apply to a public employee, or someone else, who is authorised by the Territory to exercise a function in relation to the lake.

This amendment brings the subsection into line with current drafting practice.

This amendment renumbers the section’s subsections so that they form a single sequence.

refuse