Document ID: chunk:federal_register_of_legislation:C2004C00956:clause:5_4a
Version: federal_register_of_legislation:C2004C00956
Segment Type: clause
Provision Reference: sch 5 cl 4A
Character Range: 51520–54530

4A  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.

Heard Island and McDonald Islands Act 1953

Section 2
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 9(2)
(a) After "Ordinance" (first occurring) insert "or enactment".
       (b) After "Ordinance" (second occurring) insert "or enactment, as the case may be".

Industrial Relations Act 1988

Subsection 4(1) (definition of public sector employment)
After paragraph (b) insert the following paragraphs:
 (ba) under a law of the Australian Capital Territory relating to employment by that Territory, including a law relating to the Australian Capital Territory Government Service;
 (bb) by or in the service of:
 (i) an enactment authority as defined by section 3 of the A.C.T. Consequential Provisions Act; or
 (ii) a body corporate incorporated under a law of the Australian Capital Territory and in which the Australian Capital Territory has a controlling interest;
  other than a prescribed authority or body;

Subsection 4(1)
Insert the following definitions:

A.C.T. Consequential Provisions Act means the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

Australian Capital Territory Government Service means the service established by the Public Sector Management Act 1994 of the Australian Capital Territory.

Section 6
       (a) Omit "and each of the States", substitute ", each of the States, the Australian Capital Territory".
       (b) Omit "or a State", substitute ", a State, the Australian Capital Territory".

Subsection 121(2) (definition of relevant law)
Omit "Commonwealth Employees' Rehabilitation and Compensation Act 1988", substitute "Safety, Rehabilitation and Compensation Act 1988".

After subsection 149(1)
Insert the following subsection:

 (1A) For the purposes of subsection (1), the Australian Capital Territory Government Service is taken to be the successor to the business of the Australian Capital Territory in relation to the transitional staff within the meaning of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

Jervis Bay Territory Acceptance Act 1915

After section 2
Insert the following section: