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/)
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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
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Regulations) Act 2017
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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
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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.
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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
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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”.
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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;
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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.
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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:
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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
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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.
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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
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