Document ID: chunk:federal_register_of_legislation:C2004C00956:clause:5_3a:p1
Version: federal_register_of_legislation:C2004C00956
Segment Type: clause
Provision Reference: sch 5 cl 3A (pt 1/2)
Character Range: 40429–43562

3A  Certain legislation relating to Australian Capital Territory not to be enactment

 (1) ACT enactments are not enactments.

 (2) The Australian Capital Territory (Self‑Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments.

 (3) Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X of the Australian Capital Territory Planning and Land Management Act 1988 are not enactments.

 (4) Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment.

 (5) Where part of an Act or Ordinance is not an enactment, an instrument made under the Act or Ordinance, as the case may be, is not an enactment unless made for the purposes of the other part of the Act or Ordinance, as the case may be.

Archives Act 1983

Subsection 3(1) (definition of authority of the Commonwealth):
Omit all words from and including "include", substitute the following:

  include:
 (d) a court;
 (e) the Australian Capital Territory;
 (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;
 (g) the Northern Territory; or
 (h) the Administration of an external Territory.

Paragraph 6(1)(a)
After "State" insert ", the Australian Capital Territory".

Section 23
After "States" (wherever occurring) insert ", the Australian Capital Territory".

Subsection 32(1)
       (a) After "State" (first and second occurring) insert ", of the Australian Capital Territory".
       (b) After "State" (last occurring) insert ", the Australian Capital Territory".

Subsection 32(2)
After "State" insert ", with the Australian Capital Territory".

Subsection 33(5)
After "State" insert ", the Australian Capital Territory".

Paragraph 36(4)(d)
After "State" insert ", the Australian Capital Territory".

Audit Act 1901

Subsection 2A(1)
Insert "the Australian Capital Territory," before "the Northern Territory" (wherever occurring).

Subparagraph 48B(4)(a)(vii)
Omit "Australian Capital Territory Legislative Assembly", substitute "Legislative Assembly for the Australian Capital Territory".

Section 48C
Add at the end the following subsection:

 (9) In this section:

State includes the Australian Capital Territory.

Section 48D
Add at the end the following subsection:

 (2) In this section:

State includes the Australian Capital Territory.

Section 48F
After subsection (10) insert the following subsection:

 (10A) In this section:

State includes the Australian Capital Territory.

Paragraph 63B(1)(b)
Omit "a law", substitute "an Ordinance".

Australian Antarctic Territory Act 1954

Section 4
Insert the following definitions:

Act does not include an enactment.

enactment has the same meaning as in the Australian Capital Territory (Self‑Government) Act 1988.

Subsection 10(2)
       (a) After "Ordinance" (first occurring) insert "or enactment".
       (b) After "Ordinance" (second occurring) insert "or enactment, as the case may be".

Australian Capital Territory Supreme Court Act 1933

Section 5
Insert the following definition:

enactment has the same meaning