About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Australia

AU517

Back

Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017

 Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017

Note: An electronic version of this Act is available on the Federal Register of Legislation

Statute Update (A.C.T. Self-Government

(Consequential Provisions) Regulations)

An Act to make various amendments of the statute

law of the Commonwealth to enable the repeal of

certain provisions of the A.C.T. Self-Government

(Consequential Provisions) Regulations, and for

Authorised Version C2017A00013

Act 2017

No. 13, 2017

related purposes

(https://www.legislation.gov.au/)

Authorised Version C2017A00013

Authorised Version C2017A00013

Contents 1 Short title ...........................................................................................2

2 Commencement.................................................................................2

3 Schedules...........................................................................................2

Schedule 1—Amendments 3

Part 1—Amendments of Acts 3

Administrative Appeals Tribunal Act 1975 3

Air Accidents (Commonwealth Government Liability) Act 1963 3

Australian Bureau of Statistics Act 1975 4

Australian Grape and Wine Authority Act 2013 4

Commonwealth Motor Vehicles (Liability) Act 1959 4

Copyright Act 1968 5

Director of Public Prosecutions Act 1983 5

Disability Services Act 1986 6

Freedom of Information Act 1982 6

Home and Community Care Act 1985 7

Public Accounts and Audit Committee Act 1951 7

Public Lending Right Act 1985 7

Public Works Committee Act 1969 7

Remuneration Tribunal Act 1973 8

Seat of Government (Administration) Act 1910 8

Superannuation Act 1976 9

Superannuation (Productivity Benefit) Act 1988 9

Urban and Regional Development (Financial Assistance) Act 1974 9

Part 2—Amendments of Regulations 10

A.C.T. Self-Government (Consequential Provisions) Regulations 10

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

i

Authorised Version C2017A00013

Authorised Version C2017A00013

Statute Update (A.C.T. Self-Government

(Consequential Provisions) Regulations)

Act 2017

No. 13, 2017

An Act to make various amendments of the statute

law of the Commonwealth to enable the repeal of

certain provisions of the A.C.T. Self-Government

(Consequential Provisions) Regulations, and for

related purposes

[Assented to 22 February 2017]

The Parliament of Australia enacts:

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

1

Authorised Version C2017A00013

1 Short title

This Act is the Statute Update (A.C.T. Self-Government

(Consequential Provisions) Regulations) Act 2017.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3 The day this Act receives the Royal Assent. 22 February

and anything in 2017

this Act not

elsewhere covered

by this table

2. Schedule 1 The 28th day after this Act receives the 22 March 2017

Royal Assent.

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

(1) Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

(2) The amendment of any regulation under subsection (1) does not

prevent the regulation, as so amended, from being amended or

repealed by the Governor-General.

Statute Update (A.C.T. Self-Government (Consequential Provisions) No. 13, 2017

Regulations) Act 2017

2

Authorised Version C2017A00013

Amendments Schedule 1

Amendments of Acts Part 1

Schedule 1—Amendments

Part 1—Amendments of Acts

Administrative Appeals Tribunal Act 1975

1 After section 36A

Insert:

36AA Interpretation of sections 36B, 36C and 36D

In sections 36B, 36C and 36D, unless the contrary intention

appears:

Attorney-General includes the Minister administering the ACT

Civil and Administrative Tribunal Act 2008 of the Australian

Capital Territory.

Cabinet includes the Australian Capital Territory Executive.

Air Accidents (Commonwealth Government Liability) Act

1963

2 After subsection 11(3)

Insert:

(3A) Subject to this section, this Part applies to the carriage in an aircraft

operated by a person other than the Commonwealth or a

Commonwealth authority of a passenger, being a person to whom

paragraph (1)(a), (b) or (c) would apply if the references in those

paragraphs to the Commonwealth were references to the Australian

Capital Territory and the references in those paragraphs to a

Commonwealth authority were omitted.

(3B) For the purposes of the application of this Part in accordance with

subsection (3A), the succeeding provisions of this Part have effect

as if references in those provisions to the Commonwealth (other

than references to a Commonwealth authority, or references to the

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

3

Authorised Version C2017A00013

Schedule 1 Amendments

Part 1 Amendments of Acts

Commonwealth in the expression whether in the Commonwealth

or elsewhere) were references to the Australian Capital Territory.

Australian Bureau of Statistics Act 1975

3 Subsection 19(3)

After “Chief Minister” (first occurring), insert “of the Australian Capital

Territory or”.

4 Subsection 19(3)

Omit “the Northern Territory” (second occurring), substitute “that

Territory”.

Australian Grape and Wine Authority Act 2013

5 Subsection 41A(9)

Repeal the subsection, substitute:

(9) In this section:

Parliament means:

(a) in relation to the Australian Capital Territory—the

Legislative Assembly for the Territory; and

(b) in relation to the Northern Territory—the Legislative

Assembly of the Territory.

State includes the Australian Capital Territory and the Northern

Territory.

Commonwealth Motor Vehicles (Liability) Act 1959

6 Subsection 3(1) (definition of Commonwealth authority)

Before “the Northern Territory” (wherever occurring), insert “the

Australian Capital Territory or”.

Statute Update (A.C.T. Self-Government (Consequential Provisions) No. 13, 2017

Regulations) Act 2017

4

Authorised Version C2017A00013

Amendments Schedule 1

Amendments of Acts Part 1

Copyright Act 1968

7 Subsection 10(1) (definition of the Crown)

Before “the Northern Territory” (first occurring), insert “the Australian

Capital Territory and”.

8 Subsection 10(1) (definition of the Crown)

Before “the Northern Territory” (second occurring), insert “the

Australian Capital Territory or”.

9 Paragraph 10(3)(e)

Before “the Northern Territory”, insert “the Australian Capital Territory

and”.

10 Paragraph 10(3)(n)

Before “the Northern Territory” (first occurring), insert “the Australian

Capital Territory and”.

11 Paragraph 10(3)(n)

Before “the Northern Territory” (second occurring), insert “the

Australian Capital Territory or”.

12 Subsection 182B(1) (note at the end of the definition of government)

Omit “, as modified by the A.C.T. Self-Government (Consequential

Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392)”.

13 Subsection 183(11)

Omit “State or” (wherever occurring), substitute “State, the Australian

Capital Territory or”.

Director of Public Prosecutions Act 1983

14 Subsection 3(1) (before paragraph (a) of the definition of law of the Commonwealth)

Insert:

(aa) the Australian Capital Territory (Self-Government) Act 1988;

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

5

Authorised Version C2017A00013

Schedule 1 Amendments

Part 1 Amendments of Acts

15 Subsection 3(1) (paragraph (c) of the definition of law of the Commonwealth)

After “paragraph”, insert “(aa),”.

16 Subsection 3(1) (definition of State)

After “includes”, insert “the Australian Capital Territory and”.

17 Subsection 3(1) (definition of Territory)

After “include”, insert “the Australian Capital Territory or”.

Disability Services Act 1986

18 Section 7 (definition of State)

Repeal the definition, substitute:

State includes the Australian Capital Territory and the Northern

Territory.

19 Subsection 23(10)

After “States,”, insert “of the Australian Capital Territory,”.

20 Subsection 27(5)

After “States,”, insert “of the Australian Capital Territory,”.

Freedom of Information Act 1982

21 After section 16

Insert:

16A Requests transferred from the ACT

Where a request under the Freedom of Information Act 1989 of the

Australian Capital Territory is transferred to an agency in

accordance with section 33 of that Act, it becomes a request under

this Act at the time at which it is received by the agency.

Statute Update (A.C.T. Self-Government (Consequential Provisions) No. 13, 2017

Regulations) Act 2017

6

Authorised Version C2017A00013

Amendments Schedule 1

Amendments of Acts Part 1

Home and Community Care Act 1985

22 Subsection 3(4)

After “includes”, insert “the Australian Capital Territory and”.

Public Accounts and Audit Committee Act 1951

23 Paragraph 8(2)(a)

Before “the Northern Territory”, insert “the Australian Capital Territory

or”.

24 Subparagraph 8(2)(b)(i)

Before “the Northern Territory”, insert “the Australian Capital Territory

or”.

25 Subsection 8(6) (definition of State)

After “includes”, insert “the Australian Capital Territory and”.

Public Lending Right Act 1985

26 Subsection 8(2)

After “a State, by”, insert “the Australian Capital Territory or”.

Public Works Committee Act 1969

27 Section 5 (at the end of the definition of authority of the Commonwealth)

Add “or a body established by or under an enactment within the

meaning of section 3 of the Australian Capital Territory

(Self-Government) Act 1988”.

28 Section 5 (definition of State)

After “includes”, insert “the Australian Capital Territory and”.

29 Before paragraph 6(2)(a)

Insert:

(aa) a work:

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

7

Authorised Version C2017A00013

Schedule 1 Amendments

Part 1 Amendments of Acts

(i) that is proposed to be carried out by or for the

Australian Capital Territory; and

(ii) in respect of the carrying out of which moneys of that

Territory are proposed to be expended by that Territory;

or

Remuneration Tribunal Act 1973

30 Subsection 3(1)

Insert:

enactment has the same meaning as in section 3 of the Australian

Capital Territory (Self-Government) Act 1988.

31 Subsection 3(1) (at the end of the definition of public statutory corporation)

Add “or a corporation established for a public purpose by a law of the

Australian Capital Territory”.

32 Paragraph 3(4)(b)

After “Territory”, insert “(other than an enactment)”.

33 After paragraph 3(4)(fa)

Insert:

(fb) an executive education office;

Seat of Government (Administration) Act 1910

34 Paragraph 12(2)(b)

Before “take”, insert “subject to subsection (2AA),”.

35 After subsection 12(2)

Insert:

(2AA) An Ordinance that:

(a) makes provision in relation to a matter arising from,

connected with or consequential upon the establishment of

the Territory as a body politic under the Crown; and

Statute Update (A.C.T. Self-Government (Consequential Provisions) No. 13, 2017

Regulations) Act 2017

8

Authorised Version C2017A00013

Amendments Schedule 1

Amendments of Acts Part 1

(b) is made on or before Self-Government Day within the

meaning of the A.C.T. Self-Government (Consequential

Provisions) Act 1988;

may be expressed to take effect from the date of commencement of

a provision of the Australian Capital Territory (Self-Government)

Act 1988.

Superannuation Act 1976

36 Subparagraph 120(a)(i)

After “State or of”, insert “the Legislative Assembly for the Australian

Capital Territory or”.

37 Subsection 125(3)

After “by a person of”, insert “the Legislative Assembly for the

Australian Capital Territory or”.

Superannuation (Productivity Benefit) Act 1988

38 Subsection 3(1) (paragraph (c) of the definition of qualified employee)

After “Ordinance”, insert “or enactment”.

Urban and Regional Development (Financial Assistance) Act

1974

39 Section 3

Insert:

State includes the Australian Capital Territory.

No. 13, 2017 Statute Update (A.C.T. Self-Government (Consequential Provisions)

Regulations) Act 2017

9

Authorised Version C2017A00013

Schedule 1 Amendments

Part 2 Amendments of Regulations

Part 2—Amendments of Regulations

A.C.T. Self-Government (Consequential Provisions)

Regulations

40 Regulation 2

Repeal the regulation.

41 Schedule 1

Repeal the Schedule.

[Minister’s second reading speech made in—

House of Representatives on 30 November 2016

Senate on 8 February 2017]

(186/16)

Statute Update (A.C.T. Self-Government (Consequential Provisions) No. 13, 2017

Regulations) Act 2017

10