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This is a Bill, not an Act. For current law, see the Acts databases.
ADMINISTRATIVE (MISCELLANEOUS AMENDMENTS) BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Contents
Page
Part 1.1 ACTION
Authority Act 2001 5
Part 1.2 Emergencies
Act 2004 5
Part 1.3 Financial
Management Act 1996 22
Part 1.4 Financial
Management Regulation 2005 44
Part 1.5 Fuels
Control Act 1979 47
Part 1.6 Land
(Planning and Environment) Act 1991 49
Part 1.7 Legislation
Act 2001 51
Part
1.8 Occupational Health and Safety Act
1989 52
Part 1.9 Planning
and Land Act 2002 52
Part 1.10 Road
Transport (Public Passenger Services) Act 2001 53
Part 1.11 Road
Transport (Public Passenger Services) Regulation 2002 56
Part 1.12 Stadiums
Authority Act 2000 56
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Administrative
(Miscellaneous Amendments) Bill 2006
A Bill for
An Act to amend and repeal laws to implement part of the Strategic and
Functional Review, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Administrative (Miscellaneous Amendments)
Act 2006.
(1) This Act commences on 1 July 2006.
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 a special commencement provision
for an amendment made by this Act has effect as the commencement date or time of
the amendment.
(3) Also, each of the following provisions commence on a day fixed by the
Minister by written notice:
(a) section 4 (1) (b) and (5) (which repeal the Australian Capital
Tourism Act 1997 and registrable instruments under that Act);
(b) section 4 (1) (e) and (6) (which repeal the Stadiums Authority Act
2000 and registrable instruments under that Act).
Note If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
(4) In this section:
special commencement provision, for an amendment made by this
Act, is a provision, in brackets beginning with the text
‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: on a day fixed by the
Minister by written notice)’ means that the amendment commences on the day
fixed by the Minister by written notice.
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).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
(1) The following Acts are repealed:
(a) ACTION Authority Act 2001 A2001-61;
(b) Australian Capital Tourism Corporation Act 1997
A1997-5;
(c) Health Promotion Act 1995 A1995-43;
(d) Small Business Commissioner Act 2004 A2004-70;
(e) Stadiums Authority Act 2000 A2000-6.
(2) The Planning and Land Regulation 2003 SL2003-16 is
repealed.
(3) The following instruments are repealed:
• Independent Competition and Regulatory Commission (Terms of
Reference) Determination 2006 (No 1) DI2006-2
• Independent Pricing and Regulatory Commission (Reference for
Investigation) Declaration 1998 DI1998-265
• Independent Pricing and Regulatory Commission (Specified
Requirements Relating to Investigations 1999 DI1999-276.
(4) All other registrable instruments under the Acts mentioned in
subsection (1) (other than subsection (1) (b) and (e)) are repealed.
(5) All registrable instruments under the Australian Capital Tourism
Corporation Act 1997 are repealed.
(6) All registrable instruments under the Stadiums Authority Act 2000
are repealed.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 ACTION Authority Act
2001
[1.1] Section
6 (4) and (5)
omit
(commencement: 3 days after notification day)
Part
1.2 Emergencies Act
2004
substitute
(c) to provide for the effective and cohesive management by the
commissioner of the state emergency service, the ambulance service, the fire
brigade and the rural fire service; and
substitute
Chapter 2 Emergency services
commissioner
7 Emergency services
commissioner
The chief executive may appoint a public servant to be the ACT Emergency
Services Commissioner (the commissioner).
Note For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
8 Commissioner’s functions
(1) The commissioner is responsible for the overall strategic direction
and management of the emergency services.
Note A chief officer of an emergency
service is responsible for the general management and control of the service
(see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3)
(a)).
(2) The commissioner is also responsible for community education and
improving community preparedness for emergencies.
(3) The commissioner has the functions given to the commissioner under
this Act and any other territory law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
(4) In the exercise of the commissioner’s functions, the
commissioner must—
(a) seek to give the emergency services
a strong, cohesive, strategic and operational direction; and
(b) seek to ensure delivery of high-quality and effective service to the
community by each of the emergency services; and
(c) seek to improve the operational effectiveness and flexibility of the
emergency services; and
(d) recognise the value of the individual emergency services;
and
(e) recognise the importance of all emergency service members, including
volunteer members, to the services and the community; and
(f) recognise the diverse needs of the community, including people with
special needs; and
Examples of people with special
needs
1 the frail aged
2 people with a disability
3 people in hospital
(g) emphasise community education and preparedness for emergencies;
and
(h) ensure that members of the emergency services and volunteers are
properly equipped, trained and prepared; and
(i) participate in strategic and operational planning for
emergencies.
Examples of strategic and operational
planning for emergencies
1 strategic planning for recovery from a natural disaster
2 operational planning for response to a fuel shortage emergency
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).
9 Minister and emergency
coordination
The Minister must, in consultation with the commissioner, ensure
that—
(a) an emergency coordination centre is established and maintained for the
ACT; and
(b) common planning, administrative and logistic support is provided for
the emergency services (including common communications and emergency
coordination centres).
Example
common risk management planning
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).
10 Asking bushfire council’s
advice
(1) The commissioner must ask for, and consider, the bushfire
council’s advice before exercising a function relating to bushfires
prescribed by regulation.
(2) The commissioner may ask for the bushfire council’s advice in
relation to the exercise of any other function relating to bushfires.
11 Commissioner may make
guidelines
(1) The commissioner may, in writing, make guidelines for
the strategic operation of each of the
emergency services (the commissioner’s
guidelines).
(2) The commissioner’s guidelines are a notifiable instrument except
to the extent that the commissioner considers it is in the public interest that
it not be notifiable.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Any part of the commissioner’s guidelines that is not notified
under the Legislation Act must be given to the appropriate Legislative Assembly
committee.
(4) The commissioner’s guidelines
may make provision in relation to—
(a) areas of the emergency services to be operated jointly; and
(b) operation of joint areas of the emergency services; and
(c) planning and conduct of joint operations of the emergency services;
and
(d) anything else in relation to the
strategic organisation and operation of each of the
emergency services that the commissioner considers appropriate.
Examples
1 guidelines for the operation of a joint communications area for the
services
2 guidelines for joint operations
3 guidelines for joint response to a major building collapse
4 guidelines for ending appointments of
volunteer members (including application of the rules of natural
justice)
Note 1 An Act that authorises the making of a statutory instrument
(eg guidelines) authorises an instrument to be made in relation to any
matter required or permitted to be prescribed under the authorising law or that
is necessary or convenient to be prescribed for carrying out or giving effect to
the authorising law (see Legislation Act, s 44).
Note 2 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).
(5) The commissioner’s guidelines may apply, adopt or incorporate a
law or instrument as in force from time to time.
Note The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument (see Legislation Act, s 47 (5) and
(6)).
(6) The chief officer of an emergency service may recommend amendments of
the commissioner’s guidelines to the
commissioner.
(7) For this section:
appropriate Legislative Assembly committee means the standing
committee of the Legislative Assembly nominated, in writing, by the
Speaker.
12 Delegation by commissioner
The commissioner may delegate the commissioner’s functions under this
Act or another territory law to a public servant or a member of
an emergency service.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
[1.4] Section
28 (1) and (2)
substitute
(1) The chief executive may, after consulting the commissioner, appoint a
public servant to be the chief officer of the ambulance service (the chief
officer (ambulance service)).
Note 1 For the making of appointments (including acting
appointments), see the 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).
(2) However, the chief executive may
appoint a person under subsection (1) only
if the person has the management, professional and technical expertise to
exercise the chief officer’s functions.
[1.5] Section
29 (1) and (2)
substitute
(1) The chief executive may, after consulting the commissioner, appoint a
public servant to be the chief officer of the fire brigade (the chief
officer (fire brigade)).
Note 1 For the making of appointments (including acting
appointments), see the 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).
(2) However, the chief executive may
appoint a person under subsection (1) only
if the person has the management, professional and technical expertise to
exercise the chief officer’s functions.
[1.6] Section
30 (1) and (2)
substitute
(1) The chief executive may, after consulting with the bushfire council
and the commissioner, appoint a public servant to be the chief officer of the
rural fire service (the chief officer (rural fire
service)).
Note 1 For the making of appointments (including acting
appointments), see the 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).
(2) However, the chief executive may
appoint a person under subsection (1) only
if the person has the management, professional and technical expertise to
exercise the chief officer’s functions.
[1.7] Section
31 (1) and (2)
substitute
(1) The chief executive may, after consulting the commissioner, appoint a
public servant to be the chief officer of the SES (the chief officer
(SES)).
Note 1 For the making of appointments (including acting
appointments), see the 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).
(2) However, the chief executive may
appoint a person under subsection (1) only
if the person has the management, professional and technical expertise to
exercise the chief officer’s functions.
[1.8] Section
32 (1) and (2)
substitute
(1) The chief executive may, after consulting the commissioner, appoint a
public servant to be the deputy chief officer of a service.
(2) However, the chief executive may
appoint a person under subsection (1) only
if the person has the management, professional and technical expertise to
exercise the deputy chief officer’s functions.
substitute
(4) Before appointing a person as the deputy chief officer (rural fire
service), the chief executive must consult with the bushfire council.
substitute
(3) A direction by the chief officer
of an emergency service (other than a medical
treatment direction) must, if practicable, be in
accordance with any direction of the commissioner and the
commissioner’s guidelines.
substitute
36 Chief officers to advise
commissioner
(1) The chief officer of an emergency
service must advise the commissioner on the capability of the service.
(2) The chief officer of an emergency
service must report to the commissioner on the capability of the
service if the commissioner asks.
insert
Part 4.5 Volunteers
59B Appointment of volunteer
members
(1) The chief officer of a service may appoint a person as a volunteer
member of the service.
(2) The chief officer may end the appointment at any time in accordance
with the commissioner’s guidelines for
the service.
59C Volunteer appointments in accordance with
guidelines
(1) The appointment of a person as a volunteer member of a service must be
in accordance with the commissioner’s
guidelines for the service.
(2) Without limiting subsection (1), the appointment of a volunteer may be
made to—
(a) an operational unit in the service; and
(b) a rank in the service.
(3) Before appointing a volunteer member of
the rural fire service to a senior rank of the service, the chief officer
(rural fire service) must consult with the bushfire council.
(4) In this section:
operational unit includes a brigade.
senior rank, for the rural fire service, means a senior rank
under the commissioner’s guidelines for
the service.
59D Casual volunteers
(1) A person in charge of an activity that is part of an operation in
which an emergency service is taking part
may—
(a) ask someone else to take part in the activity without remuneration or
reward; or
(b) agree to someone else taking part in the activity without remuneration
or reward.
Example
A member of the ambulance service may ask a volunteer to hold
equipment.
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).
(2) A person who takes part in an activity under this section is a
casual volunteer for this Act.
(3) Subsection (2) does not apply to a member of an emergency service
or a member of a support unit or a specialist
acting under a cooperative
arrangement.
(4) The Legislation Act, part 19.3 does not apply in relation to a casual
volunteer.
Note The Legislation Act, pt 19.3 deals with appointments
generally.
(5) In this section:
specialist—see section
175.
support unit—see section
175.
renumber as parts 4.6 and 4.7
[1.14] Section
60 heading
substitute
60 Definitions—pt 4.6
substitute
71 Commissioner may declare bushfire abatement
zone
(1) The commissioner may, after consulting with the conservator and the
planning and land authority, declare an area to be a bushfire abatement
zone.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
substitute
82 Directions by commissioner to owner of
land
(1) The commissioner may, in writing, direct an owner of land to comply
with a bushfire management requirement, or bushfire
operational plan, applying to the area.
(2) Unless the commissioner is satisfied that there are urgent
circumstances, the commissioner must consult with the conservator before giving
the direction.
(3) The commissioner may, in consultation with the conservator, make
guidelines for giving directions under this section
in urgent circumstances.
substitute
(4) The owner of land may also burn material on any day (whether in or
outside the bushfire season) in accordance with the commissioner’s oral
approval.
[1.18] Sections
130 and 131
substitute
130 Functions of bushfire
council
(1) The bushfire council has the function of advising the Minister about
matters relating to bushfires.
(2) If the commissioner asks for the bushfire council’s advice
before exercising a function relating to bushfires, the council also has the
function of advising the commissioner about the exercise of the
function.
Note The commissioner must ask for the bushfire council’s
advice before exercising certain functions (see s 10).
(3) The bushfire council may exercise any other function given to it under
this Act or another territory law.
Note A provision of a law that gives an entity a function also gives
the entity powers necessary and convenient to exercise the function (see
Legislation Act, s 196 and dict, pt 1, def entity).
131 Chief executive to give support to bushfire
council
The chief executive must provide administrative support and facilities for
the bushfire council.
substitute
(1) For the management of a declared state of emergency, the territory
controller may direct the commissioner or the head of an entity to undertake
response or recovery operations.
substitute
174 Commissioner must assist recovery for other
emergencies
(1) The commissioner must assist in recovery from the effects of an
emergency by supporting the activities of any entity working in the area of
recovery and welfare in the role of assisting the community to
recover.
(2) Without limiting subsection (1), the commissioner must give support
by—
(a) identifying people in the community to act as contacts in relation to
the activities; and
(b) together with relevant entities—
(i) establishing priorities for the short-term recovery of infrastructure;
and
(ii) assisting in the re-establishment of infrastructure.
omit everything before paragraph (a), substitute
(1) The Minister may enter into a written arrangement with a Commonwealth
or State agency, or an agency of a foreign country, (a cooperative
arrangement) to facilitate cooperation—
[1.22] Section
182 (2) and (3)
substitute
(2) If the gift is expressed to be subject to a condition, the chief
executive may agree to comply with the condition, as far as practicable, in the
administration of the gift.
(3) However, if the chief executive is satisfied that the condition is
inappropriate, impracticable or impossible to carry out, the chief executive
may, in writing, amend the terms of the condition to
the extent necessary to make it appropriate and practicable to carry
out.
substitute
(1) The commissioner must give an identity card to—
(a) each member of an emergency
service; and
(b) each inspector or investigator who is not a member of an emergency
service.
[1.24] Section
197 (3) (b)
substitute
(b) the person does not return the person’s identity card to the
commissioner as soon as practicable (but within 7 days) after the day the person
ceases to be a member, inspector or investigator.
[1.25] Section
198 (1), definition of official, paragraphs (d) and
(e)
substitute
(d) anyone else exercising a function under this Act.
omit
For subsection (1) (e),
substitute
For subsection (1) (d),
[1.27] Section
198 (4) (c)
substitute
(c) a casual volunteer taking part in an activity under section 59D
(Casual volunteers); or
[1.28] Dictionary,
definition of ambulance services
omit
part 4.5
substitute
part 4.6
[1.29] Dictionary,
definitions of authority and authority
guidelines
omit
[1.30] Dictionary,
definition of casual volunteer
substitute
casual volunteer—see section 59D (2).
[1.31] Dictionary,
definitions of emergency services and firefighting
services
omit
part 4.5
substitute
part 4.6
[1.32] Dictionary,
definition of member, paragraph (d)
substitute
(c) includes a volunteer or casual volunteer
in relation to the service.
[1.33] Dictionary,
definitions of rescue services and response
operation
omit
part 4.5
substitute
part 4.6
[1.34] Dictionary,
definition of volunteer member
substitute
volunteer member means a person appointed as a volunteer
member of an emergency service under section 59B.
[1.35] Further
amendments, mentions of authority
omit
authority
substitute
commissioner
in
• section 62 (2)
• section 65 (1) and (2)
• section 72 (1), (2), (5) and (6)
• section 73
• section 75 (1) (b)
• section 76
• section 78 (2), (3), (4) and (5)
• section 114 (1) and (2)
• section 115 (1)
• section 116 (3) (b)
• section 117 (1)
• section 118 (1), (3) and (4)
• section 119 (2) and (3)
• section 121 (1) (a)
• section 122 (4) (a)
• section 123 (3) and (5)
• section 124 (1)
• section 143 (3) (b)
• section 149 (3)
• section 177 (1) and (2)
• section 178
• section 179 (1)
• section 184
• section 200 (1) and (2)
[1.36] Further
amendments, mentions of authority guidelines
omit
authority guidelines
substitute
commissioner’s guidelines
in
• section 34 (2)
• section 38 (1)
• section 48 (2)
• section 67 (5) (a)
• section 68 (7) (a)
Part
1.3 Financial Management Act
1996
omit
• ACT Health Promotion Authority
omit
• ACTION Authority
omit
• Australian Capital Tourism Corporation
(commencement: on a day fixed by the Minister by written notice)
omit
• Stadiums Authority
(commencement: on a day fixed by the Minister by written notice)
omit
• ACT Health Promotion Authority
omit
• ACTION Authority
omit
• Australian Capital Tourism Corporation
(commencement: on a day fixed by the Minister by written notice)
omit
• Stadiums Authority
(commencement: on a day fixed by the Minister by written notice)
[1.45] New
divisions 9.6 and 9.7
insert
Division 9.6 Restructuring of territory
authorities
104 Purpose of div 9.6
The purpose of this division is to facilitate the transfer of assets,
rights and liabilities of, or held by, territory authorities to which this
division applies.
Note 1 A liability includes an obligation (see
Legislation Act, dict, pt 1).
Note 2 See also the Legislation Act, dict, def
asset.
105 What territory authorities does div 9.6 apply
to?
(1) This division applies to a territory authority if the authority is
prescribed by regulation for this division.
(2) A reference in this division to a division 9.6 authority
is a reference to a territory authority to which this division
applies.
(3) To remove any doubt—
(a) nothing in this Act prevents a division 9.6 authority also being a
division 9.7 authority; and
(b) a regulation may prescribe a territory authority for this division
whether or not this part would otherwise apply to the authority.
106 Responsible Minister may direct div 9.6 authority
to sell or transfer assets
(1) The responsible Minister for a division 9.6 authority may direct the
authority to sell or transfer a stated asset of, or held by, the
authority.
(2) The direction may also impose on the division 9.6 authority
requirements to assist or regulate, or otherwise in relation to, the sale or
transfer.
Examples of other
requirements
1 that a sale or transfer must be to a stated entity
2 that a sale or transfer must be finished before a stated time
3 that a sale or transfer must be undertaken in a stated way
4 that an asset must be sold for a price within a stated
price-range
5 that an asset must be marketed, and the sale undertaken, through a stated
agent
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).
(3) The division 9.6 authority must comply with the direction.
(4) A direction under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) To remove any doubt, this section is additional to, and does not
limit, any other provision of this division.
107 Transfer of assets by declaration—div 9.6
authorities
(1) The responsible Minister for a division 9.6 authority may make 1 or
more of the following declarations (a transfer declaration) in
relation to an asset of, or held by, the authority:
(a) a declaration that the stated asset vests in a stated entity at a
stated time without a conveyance, transfer or assignment;
(b) a declaration that a stated instrument relating to the asset continues
to have effect after the asset vests in a stated entity as if a reference in the
instrument to the authority were a reference to the entity;
(c) a declaration that a stated entity becomes the authority’s
successor in law in relation to the asset after the asset vests in the
entity.
(2) A transfer declaration has effect in accordance with its
terms.
(3) A transfer declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) To remove any doubt, the making of a transfer declaration in relation
to an asset of, or held by, a division 9.6 authority does not prevent the
authority from transferring assets not dealt with in the declaration otherwise
than in accordance with the declaration.
(5) To remove any doubt, this section is additional to, and does not
limit, any other provision of this division.
108 Transfer of contractual rights and liabilities by
declaration—div 9.6 authorities
(1) The responsible Minister for a division 9.6 authority may declare that
the authority’s rights and liabilities under a stated contract to which
the authority is party—
(a) stop being the rights and liabilities of the authority at a stated
time; and
(b) become rights and liabilities of a stated entity at that
time.
(2) The responsible Minister for a division 9.6 authority may declare that
a stated contract continues to have effect after a stated time as if a reference
in the contract were a reference to a stated entity.
(3) The responsible Minister for a division 9.6 authority may declare that
a stated instrument relating to a stated contract continues to have effect after
the authority’s rights and liabilities under the contract become rights
and liabilities of a stated entity as if a reference in the instrument to the
authority were a reference to the entity.
(4) The responsible Minister for a division 9.6 authority may declare that
a stated person becomes the authority’s successor in law, in relation to
the authority’s rights and liabilities under a stated contract,
immediately after the authority’s rights and liabilities under the
contract become rights and liabilities of the entity.
(5) A declaration under this section has effect according to its
terms.
(6) A declaration under this section is a notifiable instrument
Note A notifiable instrument must be notified under the Legislation
Act.
(7) To remove any doubt, this section is additional to, and does not
limit, any other provision of this division.
109 Transfer of liabilities by declaration—div
9.6 authorities
(1) The responsible Minister for a division 9.6 authority may make 1 or
more of the following declarations in relation to a liability of the
authority:
(a) a declaration that a stated liability stops being a liability of the
authority and becomes a liability of a stated entity at a stated time;
(b) a declaration that a stated instrument relating to a stated liability
continues to have effect after the liability becomes a liability of a stated
entity as if a reference in the instrument to the authority were a reference to
the entity;
(c) a declaration that a stated entity becomes the authority’s
successor in law in relation to a stated liability immediately after the
liability becomes a liability of the entity.
(2) A declaration under subsection (1) has effect in accordance with its
terms.
(3) A declaration under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) To remove any doubt, this section is additional to, and does not limit
any other provision of this division.
110 Assistance given by authorities for div
9.6
(1) A division 9.6 authority may, on the authority’s own initiative,
give the Territory assistance in relation to the transfer of the
authority’s assets.
Examples of forms of
assistance
1 giving information
2 giving financial assistance
3 giving a financial benefit to an entity
4 giving facilities, information and other assistance in relation to the
conduct of a due diligence procedure or market briefing
5 entering into an agreement with the Territory
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).
(2) A division 9.6 authority must, if asked in writing by the responsible
Minister for the authority, assist the Territory in relation to the transfer of
the authority’s assets.
(3) If a division 9.6 authority must give assistance under subsection (2),
the assistance must be given within the period, and in the way, stated in the
request.
(4) To remove any doubt, a division 9.6 authority that gives assistance
under this section does not incur civil liability only because of the giving of
assistance.
(5) Any liability that would, apart from this section, attach to the
division 9.6 authority attaches instead to the Territory.
111 Assistance given by governing board members for
div 9.6
(1) The governing board, or a member of the governing board, of a division
9.6 authority may, on the board’s or member’s own initiative, give
the Territory assistance in relation to the transfer of the authority’s
assets.
Examples of forms of
assistance
1 giving information
2 giving financial assistance
3 giving a financial benefit to an entity
4 giving facilities, information and other assistance in relation to the
conduct of a due diligence procedure or market briefing
5 entering into an agreement with the Territory
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).
(2) The governing board, or a member of the governing board, of a division
9.6 authority must, if asked in writing by the responsible Minister for the
authority, assist the Territory in relation to the transfer of the
authority’s assets.
(3) If the governing board, or a member of the governing board, of a
division 9.6 authority must give assistance under subsection (2), the assistance
must be given within the period, and in the way, stated in the
request.
(4) To remove any doubt, a governing board or a member of a governing
board who gives assistance under this section does not incur civil liability
only because of the giving of assistance.
(5) Any liability that would, apart from this section, attach to the
members or member of the governing board attaches instead to the
Territory.
112 Use of information by Territory and div 9.6
authorities
(1) This section applies to information provided under section 110
(Assistance given by authorities for div 9.6) or section 111 (Assistance given
by governing board members for div 9.6) in relation to a division 9.6
authority.
(2) The Territory, the division 9.6 authority or an associated person may
use the information for a purpose related to, or consequent on, the transfer of
the authority’s assets.
(3) The Territory, the territory authority or an associated person may
give the information to someone else for a purpose related to, or consequent on,
the transfer of the authority’s assets.
(4) If a person gives information or uses information under this
section—
(a) the giving of the information is not—
(i) a breach of confidence; or
(ii) a breach of professional etiquette or ethics; or
(iii) a breach of a rule of professional conduct; and
(b) the person does not incur civil liability only because of the giving
or using of the information.
(5) In this section:
associated person—each of the following is an
associated person in relation to a division 9.6
authority:
(a) the responsible Minister for the authority;
(b) a public employee;
(c) a person who exercises a function for the Territory in relation to the
transfer of the authority’s assets;
(d) a member of the governing board of the territory authority;
(e) an officer or employee of the authority;
(f) a person who exercises a function for the authority in relation to the
authority’s assets.
113 Contracts relating to the protection of
information—responsible Minister for div 9.6
authority
(1) The responsible Minister for a division 9.6 authority may, on behalf
of the Territory, enter into a contract with an entity relating to the
protection of information if—
(a) the information is provided under section 110 (Assistance given by
authorities for div 9.6) or section 111 (Assistance given by governing board
members for div 9.6); and
(b) publication of the information might be expected to substantially
prejudice the entity’s commercial interests.
(2) To remove any doubt, subsection (1) does not limit the power of the
Territory to enter into contracts.
114 Contracts relating to the protection of
information—div 9.6 authority
(1) A division 9.6 authority may enter into a contract with an entity
relating to the protection of information if—
(a) the information is provided under section 110 (Assistance given by
authorities for div 9.6) or section 111 (Assistance given by governing board
members for div 9.6); and
(b) publication of the information might be expected to substantially
prejudice the entity’s commercial interests.
(2) To remove any doubt, subsection (1) does not limit the power of the
division 9.6 authority to enter into contracts.
115 Transfer of pending proceedings—div 9.6
authorities
(1) This section applies if—
(a) an entity (the successor) becomes the successor in law
of someone else (the original entity) at a particular time (the
handover time) in relation to a particular asset, right or
liability because of a declaration made by a Minister under this division;
and
(b) a proceeding to which the original entity was a party was pending in a
court or other entity immediately before the handover time; and
(c) the proceeding related, completely or partly, to the asset, right or
liability.
(2) The successor is, by force of this subsection, substituted for the
original entity as a party to the proceeding to the extent to which the
proceeding relates to the asset, right or liability.
(3) The court or other entity in which, or before which, a proceeding has
been continued under this section may give directions about the
proceeding.
(4) However, subsection (2) does not apply if the responsible Minister for
the original entity determines otherwise.
(5) A determination under subsection (3) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
116 Proceedings and evidence—div 9.6
authorities
(1) This section applies if an entity (the successor)
becomes the successor in law of someone else (the original entity)
at a particular time (the handover time) in relation to a
particular asset, right or liability because of a declaration made by a Minister
under this division.
(2) A proceeding for a cause of action may be brought against the
successor in relation to the asset, right or liability if, before handover
time—
(a) the cause of action had accrued against the original entity in
relation to the asset, right or liability; and
(b) a proceeding had not started in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended.
(3) The Limitation Act 1985, part 3 (Postponement of bar) applies
to the starting of a proceeding that may be brought by or against the successor
under this section as if the cause of action had been accrued by, or had accrued
against, the successor.
(4) The court or other entity in which, or before which, a proceeding has
been or may be started under this section may give directions about the
proceeding.
(5) Any evidence that, before handover time, would have been admissible
for or against the original entity in relation to the asset, right or liability
is admissible for or against the successor.
(6) An order made in a proceeding by or against the original entity in
relation to the asset, right or liability before handover time may be enforced
by or against the successor.
(7) In this section:
proceeding includes a proceeding by way of appeal or review
(including review under the Ombudsman Act 1989).
117 Operation of div 9.6 not breach of contract
etc
To remove any doubt, the operation of this division must not be taken
to—
(a) place a person in breach of contract or confidence; or
(b) otherwise make a person guilty of a civil wrong; or
(c) place a person in breach of, or create a default under, any territory
law or provision in an agreement, arrangement or understanding, including, for
example, a contractual provision prohibiting, restricting or regulating the
following:
(i) the assignment or transfer of an asset, right or liability;
(ii) the disclosure of information; or
(d) release a surety from any of surety’s liabilities in relation to
a liability that is transferred under a declaration made by a Minister under
this division; or
(e) fulfil a condition that—
(i) allows an entity to terminate an agreement or liability; or
(ii) alters the operation or effect of an agreement; or
(iii) requires an amount to be paid before its stated maturity.
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).
118 Transfer of assets etc not otherwise disposed
of—div 9.6 authorities
(1) This section applies in relation to an asset, right or liability of a
division 9.6 authority if—
(a) the authority ceases to exist; and
(b) apart from this section, division 9.7 would not apply in relation to
the authority; and
(c) the asset, right or liability has not been disposed of after the
authority ceases to exist.
(2) Division 9.7 applies in relation to the division 9.6 authority as if
it were a division 9.7 authority, but only in relation to the asset, right or
liability that has not been disposed of.
119 Annual reports etc for div 9.6
authorities
(1) In this section:
division 9.6 authority means a division 9.6 authority that
has ceased to exist and is not also a division 9.7 authority.
financial year––see the Annual Reports
(Government Agencies) Act 2004, section 6 (3).
handover day, in relation to a division 9.6 authority, means
the day the authority ceases to exist.
relevant financial year, for a division 9.6 authority, means
a financial year—
(a) beginning before the handover day for the authority; and
(b) for which a report had not been presented by the authority under the
Annual Reports (Government Agencies) Act 2004, section 6 (Annual report
of public authority) before the handover day.
responsible Minister, for a division 9.6 authority, means the
Minister who was the responsible Minister for the authority immediately before
it ceased to exist.
(2) The responsible Minister for a division 9.6 authority must present an
annual report for the authority for each relevant financial year.
(3) An annual report under subsection (2) must include anything that the
annual report would have been required to include before handover day for the
division 9.6 authority.
(4) The applied provisions of part 8 (Financial provisions for territory
authorities) apply in relation to a division 9.6 authority in relation to any
period before the handover day as if—
(a) the authority had not ceased to exist; and
(b) a reference in section 63 and section 68 to the authority included a
reference to the responsible Minister for the authority; and
(c) a reference in section 64 and section 69 to the relevant person for
the authority included a reference to the responsible Minister for the
authority; and
(d) a reference in section 65 and section 70 to the chief executive
officer of the authority included a reference to the responsible Minister for
the authority; and
(e) all other necessary changes were made; and
(f) any changes prescribed by regulation were made.
(5) For subsection (4), the applied provisions of part 8 are
the following:
• section 63 (Annual financial statements of territory
authorities)
• section 64 (Responsibility for annual financial statements of
territory authorities)
• section 65 (Audit of annual financial statements of territory
authorities)
• section 66 (Annual financial statements of territory authorities to
be included in annual reports etc)
• section 68 (Statements of performance of territory
authorities)
• section 69 (Responsibility for territory authority statements of
performance)
• section 70 (Scrutiny of territory authority statements of
performance)
• section 71 (Territory authority statements of performance to be
included in annual reports).
Division 9.7 Additional provisions for
restructuring of certain territory authorities
120 What territory authorities does div 9.7 apply
to?
(1) This division applies to a territory authority if the authority is
prescribed by regulation for this division.
Note This division also applies in relation to territory authorities
in relation to certain assets, rights and liabilities (see s 118).
(2) A reference in this division to a division 9.7 authority
is a reference to a territory authority to which this division
applies.
(3) To remove any doubt, a regulation may prescribe a territory authority
for this division whether or not this part would otherwise apply to the
authority.
121 Definitions—div 9.7
In this division:
handover day, in relation to a division 9.7 authority, means
the day the authority ceases to exist.
territory authority includes a territory authority that has
ceased to exist.
122 Vesting of assets, rights and
liabilities—div 9.7 authorities
(1) All assets, rights and liabilities of a division 9.7 authority
immediately before handover day vest in the Territory on handover day.
(2) To remove any doubt, all records of the territory authority, including
applications made to the authority, become the records of the Territory on
handover day.
123 Proceedings and evidence—div 9.7
authorities
(1) For a proceeding started before handover day and to which a division
9.7 authority is a party, the Territory is substituted as a party on the
handover day.
(2) A proceeding for a cause of action in relation to a division 9.7
authority may be brought against the Territory if, before handover
day—
(a) the cause of action had accrued against the authority; and
(b) a proceeding had not started in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended.
(3) The Limitation Act 1985, part 3 (Postponement of bar) applies
to the starting of a proceeding that may be brought by or against the Territory
under this section as if the cause of action had been accrued by, or had accrued
against, the Territory.
(4) The court or other entity in which, or before which, a proceeding may
be or has been started or continued under this section may give directions about
the proceeding.
(5) Any evidence that would, before a division 9.7 authority ceased to
exist, have been admissible for or against the authority is admissible for or
against the Territory.
(6) An order made in a proceeding by or against a division 9.7 authority
before the handover day may, after the handover day, be enforced by or against
the Territory.
(7) In this section:
proceeding includes a proceeding by way of appeal or review
(including review under the Ombudsman Act 1989).
124 Annual reports and financial statements for div
9.7 authorities
(1) In this section:
division 9.7 authority means a division 9.7 authority that
has ceased to exist.
financial year––see the Annual Reports
(Government Agencies) Act 2004, section 6 (3).
relevant financial year, for a division 9.7 authority, means
a financial year—
(a) beginning before the handover day for the authority; and
(b) for which a report had not been presented by the authority under the
Annual Reports (Government Agencies) Act 2004, section 6 (Annual report
of public authority) before the handover day.
responsible Minister, for a division 9.7 authority, means the
Minister who was the responsible Minister for the authority immediately before
it ceased to exist.
(2) The responsible Minister for a division 9.7 authority must present an
annual report for the authority for each relevant financial year.
(3) An annual report under subsection (2) must include anything that the
annual report would have been required to include before handover day for the
division 9.7 authority.
(4) The applied provisions of part 8 (Financial provisions for territory
authorities) apply in relation to a division 9.7 authority in relation to any
period before the handover day as if—
(a) the authority had not ceased to exist; and
(b) a reference in section 63 and section 68 to the authority included a
reference to the responsible Minister for the authority; and
(c) a reference in section 64 and section 69 to the relevant person for
the authority included a reference to the responsible Minister for the
authority; and
(d) a reference in section 65 and section 70 to the chief executive
officer of the authority included a reference to the responsible Minister for
the authority; and
(e) all other necessary changes were made; and
(f) any changes prescribed by regulation were made.
(5) For subsection (4), the applied provisions of part 8 are
the following:
• section 63 (Annual financial statements of territory
authorities)
• section 64 (Responsibility for annual financial statements of
territory authorities)
• section 65 (Audit of annual financial statements of territory
authorities)
• section 66 (Annual financial statements of territory authorities to
be included in annual reports etc)
• section 68 (Statements of performance of territory
authorities)
• section 69 (Responsibility for territory authority statements of
performance)
• section 70 (Scrutiny of territory authority statements of
performance)
• section 71 (Territory authority statements of performance to be
included in annual reports).
125 References to div 9.7
authority
In any contract, agreement or arrangement, a reference to a
division 9.7 authority is, for the application of the contract, agreement
or arrangement on or after the handover day, a reference to the
Territory.
(commencement: 3 days after notification day)
[1.46] Sections
104 to 108
renumber as sections 130 to 134
substitute
Part 19 Transitional—Financial
Management Legislation Amendment Act 2005
renumber as section 150
omit
section 109
substitute
section 150
renumber as section 151
renumber as section 155
insert
Part 20 Transitional—Administrative
(Miscellaneous Amendments) Act 2006
220 Transitional—definition of territory
authority
(1) For this Act, the definition of territory authority as
amended by the Administrative (Miscellaneous Amendments) Act 2006 is
taken to have had effect from 1 January 2006.
(2) This section expires 1 month after the day it commences.
(3) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
(commencement: 3 days after notification day)
221 Transitional—Legislation Act, s 84
inapplicable
(1) To remove any doubt, the Legislation Act, section 84 (Saving of
operation of repealed and amended laws) does not apply in relation to an
appointment made under—
(a) an Act repealed by the Administrative (Miscellaneous Amendments)
Act 2006; or
(b) a provision of an Act omitted by the Administrative (Miscellaneous
Amendments) Act 2006.
(2) This section expires 1 month after the day it commences.
(3) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
222 Transitional regulations—Administrative
(Miscellaneous Amendments) Act 2006
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Administrative
(Miscellaneous Amendments) Act 2006.
(2) A regulation may modify this part (including its operation in relation
to another territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
223 Expiry—pt 20
This part expires 2 years after the day this section commences.
[1.53] Dictionary,
new definition of contract
insert
contract includes an agreement or arrangement.
[1.54] Dictionary,
new definitions of division 9.6 authority and division 9.7
authority
insert
division 9.6 authority means a territory authority to which
division 9.6 applies (see s 105).
division 9.7 authority means a territory authority to which
division 9.7 applies (see s 120).
[1.55] Dictionary,
new definition of handover day
insert
handover day, for division 9.7 (Additional provisions for
restructuring of certain territory authorities)—see section 121.
[1.56] Dictionary,
definition of territory authority
substitute
territory authority—
(a) means a body corporate established by an Act; and
(b) to remove any doubt, includes an entity to which part 8 applies;
and
(c) for division 9.7 (Additional provisions for restructuring of certain
territory authorities)—includes a territory authority that has ceased to
exist; but
(d) does not include a body declared under section 3B not to be a
territory authority.
(commencement: 3 days after notification day)
Part
1.4 Financial Management Regulation
2005
substitute
3 Modification of Act, pt 19—Act, s
155
(1) The Act, part 19 is modified by schedule 1.
(2) This section, and schedule 1, expire on 27 October 2007.
substitute
4 Territory authorities to which div 9.6
applies—Act, s 105
Division 9.6 applies to the following territory authorities:
• ACT Health Promotion Authority
• ACTION Authority
• Australian Capital Tourism Corporation
• Emergency Services Authority
• Stadiums Authority.
(commencement: 3 days after notification day)
insert
5 Territory authorities to which div 9.7
applies—Act, s 120
Division 9.7 applies to the following territory authorities:
• ACT Health Promotion Authority
• ACTION Authority
• Australian Capital Tourism Corporation
• Emergency Services Authority
• Stadiums Authority.
(commencement: 3 days after notification day)
[1.60] Schedule
1, heading
substitute
Schedule 1 Modification of Act, pt 19
(Transitional—Financial Management Legislation Amendment Act
2005)
[1.61] Schedule
1, modification 1.1
omit
[1.1] New sections 110A and 110B
insert
110A Application of Legislation Act, s 94 to certain
appointments, elections and approvals
substitute
[1.1] New section 152
insert
152 Application of Legislation Act, s 94 to certain
appointments, elections and approvals
[1.62] Schedule
1, modification 1.1, section 110B
omit
Part
1.5 Fuels Control Act
1979
[1.63] Sections
12 and 12A
substitute
12 Powers of emergency services commissioner during
emergency
(1) If a declaration under section 11 (1) is in force, the emergency
services commissioner may, by written notice given to a person who is carrying
on a prescribed business either completely or partly in the ACT, make any 1 or
more of the following requirements:
(a) that the person must not sell a stated declared fuel unless the
quantity of that fuel that would remain in storage at the premises, or each of
the premises, where the person carries on the business in the ACT exceeds a
stated quantity;
(b) that the person must not sell a stated declared fuel by retail to
people other than people approved by the emergency services
commissioner;
(c) that the person must not sell a stated declared fuel by retail to
anyone, except on stated days and at stated times;
(d) that the person must not sell a stated declared fuel by retail to the
owner or driver of a motor vehicle on a day unless—
(i) if the last number on the numberplates attached to the motor vehicle
is an even number—the day is an even numbered day of the month;
and
(ii) if the last number on the numberplates attached to the motor vehicle
is an odd number—the day is an odd numbered day of the month;
(e) that the person (the seller) must not refuse to sell a
stated declared fuel by retail to anyone who does not operate an account with,
or is not a regular customer of, the prescribed business carried on by the
seller;
(f) that the person must not display or exhibit on or near the premises
where the person carries on the prescribed business a notice or sign containing
the words ‘account customers only’ or ‘regular customers
only’, either alone or in combination with any other words, or any other
words indicating or implying that the person will sell fuel only to people who
operate an account with, or who are regular customers of, the
business;
(g) that the person must not sell a stated declared fuel by wholesale
except to the people, and at the times and in the quantities, approved by the
emergency services commissioner;
(h) that the person must not sell, to anyone at one time, a quantity of a
stated declared fuel exceeding a stated quantity;
(i) that the total quantity of a stated declared fuel sold by the person
during a stated period must not exceed a stated quantity;
(j) that the person must not remove a stated declared fuel from the ACT
unless the quantity of a stated declared fuel that would remain in storage at
the premises, or each of the premises, where the person carries on the business
in the ACT exceeds a stated quantity.
(2) A person commits an offence if the person fails to comply with a
requirement made of the person under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) An offence against this section is a strict liability
offence.
12A Controller to give information to emergency
services commissioner
(1) This section applies if a declaration under section 11 (1) is in
force.
(2) The controller must give the emergency services commissioner any
information required by the commissioner about the storage, supply or use of
declared fuel.
substitute
(c) does not affect the exercise by the controller, the emergency services
commissioner or an inspector of a function given under any other provision of
this Act.
Part
1.6 Land (Planning and Environment)
Act 1991
[1.65] Section
227 (1) (k)
substitute
(k) any comments of the planning and land authority for the
Minister’s consideration of an application under section 229B (Minister
may decide some applications); and
[1.66] Section
229B (6) (d)
substitute
(d) ensure that the Minister has the comments of the planning and land
authority on the application; and
omit
[1.68] Section
231 (1) (g)
substitute
(g) if the relevant authority is the Minister—the comments of the
planning and land authority.
[1.69] New
sections 300 and 301
insert
300 Transitional—Administrative (Miscellaneous
Amendments) Act 2006 and ministerial decisions
(1) This section applies if—
(a) before 1 July 2006, the planning and land council had given comments
on a development application for the Minister’s consideration of the
application; and
(b) the Minister would have been required to ensure the Minister had the
comments, and to consider them in deciding the application, if the Minister had
decided the application before 1 July 2006; and
(c) the Minister decides the application on or after 1 July
2006.
(2) The Minister must—
(a) ensure the Minister has the comments; and
(b) to consider them in making the decision on the development
application.
(3) In this section:
planning and land council means the planning and land council
under this Act as in force on 30 June 2006.
(4) This section expires 6 months after the day it commences.
(5) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
301 Transitional—Administrative (Miscellaneous
Amendments) Act 2006 and authority functions
(1) This section applies if—
(a) before 1 July 2006, the planning and land authority had asked for the
planning and land council’s advice in relation to the exercise of a
function; and
(b) the council had given the authority advice in relation to the exercise
of the function; and
(c) before 1 July 2006 the authority would have been required to consider
the council’s advice before exercising the function; and
(d) the authority had not exercised the function before 1 July
2006.
(2) The planning and land authority must consider the planning and land
council’s advice before exercising the function.
(3) In this section:
planning and land council means the planning and land council
under this Act as in force on 30 June 2006.
(4) This section expires 6 months after the day it commences.
(5) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
Part
1.7 Legislation Act
2001
[1.70] Dictionary,
part 1, definition of planning and land council
omit
Part
1.8 Occupational Health and Safety Act
1989
[1.71] Section
32 (4) and (5)
omit
omit
Part
1.9 Planning and Land Act
2002
omit
omit
substitute
(1) The Executive must appoint a person to be the Chief Planning
Executive.
Note 1 For the making of appointments generally, see the Legislation
Act, div 19.3.
Note 2 A power to appoint a person to a position includes power to
appoint a person to act in the position (see Legislation Act,
s 209).
omit
[1.77] Dictionary,
definitions of council, council chairperson, council deputy
chairperson and council member
omit
Part
1.10 Road Transport (Public Passenger
Services) Act 2001
[1.78] New
section 18 (2) and (3)
insert
(2) However, the Territory is entitled to operate a regular route service
whether or not the Territory—
(a) is accredited under the regulations to operate regular route services;
or
(b) holds a service contract for the service.
(3) If the Territory operates a regular route service, part 2 (Bus
services) applies in relation to the Territory’s operation of the service
as if—
(a) the Territory were accredited to operate the service; and
(b) the Territory held a service contract for the service; and
(c) all necessary changes, and any changes prescribed by regulation, were
made.
[1.79] New
section 19 (2) and (3)
insert
(2) However, the Territory is entitled to operate a tour and charter
service, whether or not the Territory is accredited under the regulations to
operate tour and charter services.
(3) If the Territory operates a tour and charter service, part 2 (Bus
services) applies in relation to the Territory’s operation of the service
as if—
(a) the Territory were accredited to operate the service; and
(b) the Territory held a service contract for the service; and
(c) all necessary changes, and any changes prescribed by regulation, were
made.
insert
19A Territory’s entitlement to operate bus
service
If the Territory operates a bus service, the territory may operate the
service under a name prescribed by regulation.
[1.81] New
section 20 (3)
insert
(3) This section does not apply to the operation of a bus service by the
Territory.
[1.82] New
section 22 (3)
insert
(3) This section does not apply to the operation of a regular route
service by the Territory.
insert
82A Territory’s entitlement to operate demand
responsive service
If the Territory operates a demand responsive service, the Territory may
operate the service under a name prescribed by regulation.
[1.84] New
section 90 (2) and (3)
insert
(2) However, the Territory is entitled to operate a demand responsive
service, whether or not the Territory—
(a) holds an authorisation to operate the service; or
(b) holds a service contract for the service; or
(c) is an accredited demand responsive service operator.
(3) If the Territory operates a demand responsive service, part 8 (Demand
responsive services) applies in relation to the Territory’s operation of
the service as if—
(a) the Territory held an authorisation to operate the service;
and
(b) the Territory held a service contract for the service; and
(c) the Territory were accredited to operate the service; and
(d) all necessary changes, and any changes prescribed by regulation, were
made.
(commencement: the later of 3 July 2006 or the commencement of the Road
Transport (Public Passenger Services) Amendment Regulation 2006 (No
1))
[1.85] New
section 91 (4)
insert
(4) Also, this section does not apply to the operation of a demand
responsive service by the Territory.
Part
1.11 Road Transport (Public Passenger
Services) Regulation 2002
in part 3.4, insert
67A Name Territory may operate bus service
under—Act, s 19A
The Territory may operate a bus service under the name ACTION.
in division 6.2.7, insert
301A Name Territory may operate demand responsive
service under—Act, s 82A
The Territory may operate a demand responsive service under the name
ACTION.
(commencement: the later of 3 July 2006 or the commencement of the Road
Transport (Public Passenger Services) Amendment Regulation 2006 (No
1))
Part
1.12 Stadiums Authority Act
2000
[1.88] Section
6 (4) and (5)
omit
(commencement: on a day fixed by the Minister by written notice)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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