Document ID: chunk:federal_register_of_legislation:C2004C00956:clause:5_3aa:p1
Version: federal_register_of_legislation:C2004C00956
Segment Type: clause
Provision Reference: sch 5 cl 3AA (pt 1/3)
Character Range: 75053–77983

3AA  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.

Section 9
Add at the end the following subsection:

 (7) In this section:

State includes the Australian Capital Territory and the Northern Territory.

Paragraph 9(3)(b)
(a) Omit "or of the Northern Territory" (first occurring).
(b) Omit "or of the Northern Territory, as the case may be".

Paragraph 19(1)(a)
(a) Omit ", including operations referred to in paragraph (b)".
(b) Omit "and".

Paragraph 19(1)(b)
Omit the paragraph.

Subsections 19(3), (3A) and (3B)
Omit the subsections.

Subsection 19(6) and (7B)
Omit "or (b)".

Subsection 19(8)
Omit ", (2) or (3)", substitute "or (2)".

Subsection 19(9)
Omit the subsection.

Paragraph 23(1)(a)
Omit the paragraph.

Subsections 23(2) and (4)
Omit the subsections.

Public Service Act 1922

Subsection 7(1) (paragraph (a) of the definition of Commonwealth authority)
Insert "an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988 or a law of" after "other than".

Subparagraph 47C(1)(a)(i)
After "State," insert "of the Legislative Assembly for the Australian Capital Territory,".

Subparagraph 82B(1)(a)(i)
After "State," insert "of the Legislative Assembly for the Australian Capital Territory,".

After paragraph 87(3)(a)
Insert the following paragraph:
 (aa) employment as the holder of an office or appointment in the service of the Australian Capital Territory, being an office or appointment prescribed for the purposes of this paragraph;

Remuneration Tribunal Act 1973

Subsection 3(1)
Insert the following definition:

ACT office means:
 (a) an office or appointment specified in any of paragraphs (fc) to (fh) of subsection 3(4), as modified by regulations in force under the A.C.T. Self‑Government (Consequential Provisions) Act 1988; or
 (b) an office or appointment specified in subsection 73(1) of the Australian Capital Territory (Self‑Government) Act 1988.

Subsection 3(3)
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