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

Legislation · Commonwealth · 1989
A.C.T. Self ‑ Government (Consequential Provisions) Regulations Statutory Rules No. 3, 1989 made under the A.C.T. Self ‑ Government (Consequential Provisions) Act 1988 Compilation No. 4 Compilation date: 22 March 2017 Includes amendments up to: Act No. 13, 2017 Registered: 22 March 2017 About this compilation This compilation This is a compilation of the A.C.T. Self-Government (Consequential Provisions) Regulations that shows the text of the law as amended and in force on 22 March 2017 (the compilation date ). The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self ‑ repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Citation 1A Interpretation 3 Commonwealth contracts relating to Territory functions 4 Citation of certain A.C.T. laws Schedule 2—Corresponding references and provisions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 1 Citation These Regulations may be cited as the A.C.T. Self ‑ Government (Consequential Provisions) Regulations. 1A Interpretation In these Regulations, unless the contrary intention appears: contract means a contract to which subsection 6(1) of the Act applies. responsible administrative unit , in relation to a contract, means an administrative unit established under subsection 54(2) of the Self ‑ Government Act the functions of which include the subject ‑ matter of the contract. the Act means the A.C.T. Self ‑ Government (Consequential Provisions) Act 1988 . 3 Commonwealth contracts relating to Territory functions (1) The Territory is substituted for the Commonwealth as a party to any contract. (2) Any liability of the Commonwealth under a contract which had accrued immediately before Self ‑ Government Day continues to be a liability of the Commonwealth. (3) Where a contract, or a document that relates to a contract refers to a person or matter specified in column 1 of an item in Schedule 2, the reference shall be taken to be a reference to the person or matter specified in column 2 of that item. (4) Where: (a) a contract or a document that relates to a contract refers to an Ordinance of the Australian Capital Territory that has become an enactment within the meaning of the Self ‑ Government Act or by virtue of subsection 10(3) or 12(2) or (3) of the Act; and (b) the short title of the enactment is amended by a law of the Australian Capital Territory; each reference in the contract or document: (c) to the short title of that enactment—shall be read as a reference to the short title of that enactment as so amended; and (d) to the enactment otherwise than by its short title—shall be read as if for the word “Ordinance”, there were substituted the word “Act”. 4 Citation of certain A.C.T. laws Where: (a) a law of the Commonwealth refers to an Ordinance of the Australian Capital Territory that has become an enactment within the meaning of the Self ‑ Government Act or by virtue of subsection 10(3) or 12(2) or (3) of the Act; and (b) the short title of the enactment is amended by a law of the Australian Capital Territory; each reference in the law of the Commonwealth: (c) to the short title of that enactment—shall be read as a reference to the short title of that enactment as so amended; and (d) to the enactment otherwise than by its short title—shall be read as if, for the word “Ordinance”, there were substituted the word “Act.”. Schedule 2 — Corresponding references and provisions (regulation 3) Column 1 Item Column 2 Commonwealth reference or provision Column 3 Territory reference or provision 1 The Commonwealth The Territory 2 A Commonwealth Minister of State other than the Minister for Finance The Minister for the Territory responsible for the subject matter of the contract 3 The Commonwealth Minister for Finance The Minister administering the Audit Ordinance 1989 4 A Commonwealth Department The responsible administrative unit 5 The Administration of the Territory The responsible administrative unit 6 The ACT Administration Central Office The responsible administrative unit 7 A Secretary of a Commonwealth Department The Head of Administration or an Associate Head of Administration in control of the responsible administrative unit 8 An officer of a Commonwealth Department A public servant employed in the responsible administrative unit 9 Any other matter relating to a Commonwealth Department The corresponding matter relating to the responsible administrative unit 10 Australian Capital Territory Trust Account The Territory 11 An Audit Act Account The corresponding Trust Account established by subsection 15(1) of the Act. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub ‑ subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub ‑ Ch = Sub ‑ Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Number and year Registration Commencement Application, saving and transitional provisions 1989 No. 3 25 Jan 1989 25 Jan 1989 1989 No. 52 14 Apr 1989 r 4: 11 May 1989 (r 2(1)) r 4: 1 July 1990 (r 2(2)) Remainder: 14 Apr 1989 — 1989 No. 88 10 May 1989 11 May 1989 — 1989 No. 188 6 July 1989 11 May 1989 — 1989 No. 209 7 Aug 1989 11 May 1989 — 1989 No. 210 7 Aug 1989 11 May 1989 — 1989 No. 234 5 Sept 1989 11 May 1989 — 1989 No. 298 31 Oct 1989 11 May 1989 — 1989 No. 299 31 Oct 1989 11 May 1989 — 1989 No. 304 17 Nov 1989 17 Nov 1989 — 1989 No. 391 21 Dec 1989 11 May 1989 — 1989 No. 392 21 Dec 1989 11 May 1989 — 1989 No. 393 21 Dec 1989 21 Dec 1989 — 1989 No. 394 21 Dec 1989 11 May 1989 — 1989 No. 395 21 Dec 1989 11 May 1989 — 1989 No. 396 21 Dec 1989 21 Dec 1989 — 1989 No. 397 21 Dec 1989 11 May 1989 — 1989 No. 398 21 Dec 1989 21 Dec 1989 — 1990 No. 154 25 June 1990 1 July 1990 — 1998 No. 110 27 May 1998 27 May 1998 — Act Number and year Assent Commencement Application, saving and transitional provisions Norfolk Island Legislation Amendment Act 2015 59, 2015 26 May 2015 Sch 2 (item 32): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) Sch 2 (items 356–396) as amended by Territories Legislation Amendment Act 2016 33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s 2(1) item 2) — Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016 26, 2016 23 Mar 2016 Sch 1 (items 1, 2, 34, 35): 1 May 2016 (s 2(1) item 2) Sch 1 (items 34, 35) Statute Update (A.C.T. Self ‑ Government (Consequential Provisions) Regulations) Act 2017 13, 2017 22 Feb 2017 Sch 1 (items 40, 41): 22 Mar 2017 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected r 1A .................... ad No 88, 1989 r 2 ..................... rs No 52, 1989 am No 88, 1989 rep Act No 13, 2017 r 3 ..................... ad No 88, 1989 r 4 ..................... ad No 88, 1989 Schedule 1 ................ am No 52, 1989; No 88, 1989; No 188, 1989; No 209, 1989; No 210, 1989; No 234, 1989; No 298, 1989; No 299, 1989; No 304, 1989; No 391, 1989; No 392, 1989; No 393, 1989; No 394, 1989; No 395, 1989; No 396, 1989; No 397, 1989; No 398, 1989; No 154, 1990; No 110, 1998; Act No 59, 2015 (amdt never applied (Sch 2 item 32)); Act No 26, 2016 rep Act No 13, 2017 Schedule 2 ................ ad No 88, 1989