Document ID: chunk:federal_register_of_legislation:C2004C00956:clause:5_3aa:p2
Version: federal_register_of_legislation:C2004C00956
Segment Type: clause
Provision Reference: sch 5 cl 3AA (pt 2/3)
Character Range: 77742–80568

Omit the subsection, substitute:

 (3) A reference in this Part to an office includes a reference to an office that, within the meaning of the Australian Capital Territory (Self‑Government) Act 1988, is an office of member of the Assembly or Minister and any office in or in connection with that Assembly that can be held only by a member of that Assembly.

Subsection 7(6)
Omit the subsection, substitute:

 (6) The Tribunal must give the Minister a copy of every determination made by the Tribunal, other than a determination that relates to an ACT office.

 (6A) The Tribunal must give the Chief Minister of the Australian Capital Territory a copy of every determination made by the Tribunal in relation to an ACT office.

Subsection 7(7)
After "determination" (first occurring), insert ", other than a determination that relates to an ACT office,".

After subsection 7(8)
Insert:

 (8A) If the Legislative Assembly of the Australian Capital Territory, within 30 sitting days of the Assembly after a copy of a determination that relates to an ACT office is given to the Chief Minister, passes a resolution disapproving of the determination, then:
 (a) if the determination has not come into operation—the determination does not come into operation; or
 (b) if the determination has come into operation—the determination does not have any force or effect after the day on which the resolution is passed.

Safety, Rehabilitation and Compensation Act 1988

Subsection 4(1) (paragraph (b) of the definition of Commonwealth authority)
After "other than" insert "an ACT enactment or a law of".

Subsection 4(1) (subparagraph (c)(ii) of the definition of Commonwealth authority)
After "other than" insert "the Australian Capital Territory or".

Subsection 4(1) (definition of Commonwealth authority)
Add at the end the following word and paragraph:
 "or (e) if a declaration is in force under section 4A, the Australian Capital Territory;".

Subsection 4(1)
Insert the following definitions:

ACT enactment means an enactment as defined by section 3 of the ACT Self‑Government Act.

ACT Self‑Government Act means the Australian Capital Territory (Self‑Government) Act 1988.

Section 4
Add at the end the following subsection:

 (14) In spite of the definition of principal officer in subsection (1), if the Australian Capital Territory is a Commonwealth authority for the purposes of this Act, the following rules have effect:
 (a) if there is in force a written declaration by the Minister, made at the written request of the Chief Minister for the Territory, that a specified person is to be taken to be the principal officer of the Territory, this Act has effect accordingly;
 (b) if there is no such declaration in force, the Chief Minister of the Territory is to be taken to be the principal officer of the Territory.

After