Part 1.3 Sources of Law in the ACT (A2001-14) A2001-14 inserted the part. The explanatory statement provides: 42. As part of the consolidation of the ‘machinery of government’ law, this Part would re-enact section 7A paragraph (b) of the definition of Act in the dictionary, the definition of enactment in the dictionary and Schedule 1, to the Interpretation Act 1967. Section 17 References to Acts include references to former Cwlth enactments etc (A2001-14) A2001-14 inserted the section. The explanatory statement provides: 43. Clause 17 would enlarge the meaning of Act given by clause 7 (Meaning of Act) to include former Commonwealth enactments and former NSW and UK laws that form part of the law of the Territory.
Section 51 Instrument may make provision in relation to land by reference to map etc (A2001-14) A2001-14 inserted the section. The explanatory statement provided: Clause 43 Instrument may make provision in relation to land by reference to map etc 80. This clause would re-enact section 27GA of the Interpretation Act 1967. (Section 27GA is proposed to be inserted by the Statute Law Amendment Bill 2000 (No 2).) (A2005-20) A2005-20 inserted (on the internet or otherwise) in s 51 (2). The explanatory note is as follows: This amendment makes it clear that it is sufficient for this section if the map, plan or register is available for inspection on the internet and does not need to be physically available for inspection. Section 52 Instrument may authorise determination of matter etc (A2001-14) A2001-14 inserted the section. The explanatory statement provided: Clause 44 Instrument may authorise determination of matter 81. This clause would re-enact section 27GB of the Interpretation Act 1967. (Section 27GB is proposed to be inserted by the Statute Law Amendment Bill 2000 (No 2).) (A2001-14, government amendment 12) The explanatory statement for the government amendments provided: Amendment 12 This amendment makes it clear that clause 44 (Instrument may authorise determination of matter etc) applies to a state of mind eg the forming of an opinion or being satisfied. In a statutory instrument it is frequently necessary to make provision about a matter by requiring someone to form an opinion or be satisfied about something. For example, a statutory instrument may provide for courses or qualifications to be approved by an official, if the official is satisfied that they meet a specified standard. (A2002-11) A2002-11 inserts s 52 (2A), providing that the section is a determinative provision.
Section 53 Instrument may prohibit (A2001-14) A2001-14 inserted the section. The explanatory statement provided: Clause 45 Instrument may prohibit 82. This clause would re-enact section 27GC of the Interpretation Act 1967. (Section 27GC is proposed to be inserted by the Statute Law Amendment Bill 2000 (No 2).) Clause 46 Instrument may provide for reconsideration etc 83. This clause would re-enact section 27GD of the Interpretation Act 1967. (Section 27GD is proposed to be inserted by the Statute Law Amendment Bill 2000 (No 2).) (A2001-14, government amendment 13) The explanatory statement for the government amendments provided: Amendment 13 The opposition to clause 46 is in response to the Scrutiny Committee’s concerns that it may not be appropriate to authorise a statutory instrument to provide for reconsideration or review of a decision made under the instrument, or the Act under which the statutory instrument is in force.) (A2002-11) A2002-11 inserts s 53 (2), providing that the section is a determinative provision. Section 54 Instrument may require making of statutory declaration (A2001-14) A2001-14 inserted the section. The explanatory statement provided: Clause 47 Instrument may require the making of a statutory declaration 84. This clause would re-enact section 27H of the Interpretation Act 1967. (Section 27H in turn re-enacts existing subsection 27 (4) and is proposed to be inserted by the Statute Law Amendment Bill 2000.) (A2002-11) A2002-11 inserted s 54 (3), providing that the section is a determinative provision. (A2002-30) A2002-30 inserted a note in s 54 (1). The explanatory note is as follows: This amendment adds a note about the legislation under which statutory declarations for ACT laws are made.
Section 86 Repealed and amended laws not revived on repeal of repealing and amending laws (A2001-14) A2001-14 inserted the section. The explanatory statement provides: Clause 74 Repealed and amended laws not revived on repeal of repealing or amending law 125. This clause would re-enact section 39 of the Interpretation Act 1967 (as proposed to be amended by the Statute Law Amendment Bill 2000 (No 2)). (A2002-11) A2002-11 inserted s 86 (3A) providing that the section is a determinative provision. The explanatory statement provides: 141 Most of the amendments contained in the schedule declare various provisions of the Legislation Act to be determinative provisions, omit references to a contrary intention or make other minor consequential amendments (eg provide for the consequential renumbering of subsections). Section 87 Commencement not undone if repealed (A2001-14) A2001-14 inserted the section. The explanatory statement provides: Clause 75 Commencement not undone if repealed 126. This clause would re-enact section 40 of the Interpretation Act 1967 (as proposed to be amended by the Statute Law Amendment Bill 2000 (No 2)). (A2002-11) A2002-11 inserted s 87 (4) providing that the section is a determinative provision. The explanatory statement provides: 141 Most of the amendments contained in the schedule declare various provisions of the Legislation Act to be determinative provisions, omit references to a contrary intention or make other minor consequential amendments (eg provide for the consequential renumbering of subsections).
Amendment of s 91 (9), examples 4 and 5 156 This amendment brings 2 examples more closely into line with current legislative drafting practice in relation to the making of amendments. (A2004-42) A2004-42 amended s 91 (8). The explanatory notes are as follows: This amendment is consequential on the revised definition of law inserted into section 82 by another amendment. (A2005-20) A2005-20 substituted a new s 91 (8). The explanatory note is as follows: This amendment remakes subsection (8) so that it is expressed to apply to a law that is divided otherwise than into sections. Existing subsection (8) is expressed to apply to a statutory instrument or a provision of a schedule to an Act. However, to simplify the naming of provisions of statutory instruments and schedules to Acts current drafting practice is to use ‘section’ instead of ‘regulation’ or ‘clause’ and ‘subsection’ instead of ‘subregulation’ or ‘subclause’. Because of the definition of law in section 82 (and the definitions of Act and statutory instrument in sections 7 and 13), the remade subsection will also apply to provisions of an Act or statutory instrument (eg a schedule that sets out a list of items). (A2009-20) A2009-20 substituted s 91 (9) (b). The explanatory note is as follows: The existing paragraph refers to the ‘heading of the relevant amending provision of the amending Act’. This amendment remakes the paragraph so that it is consistent with the rest of section 91 (9), which refers to ‘the amending law’. Section 92 Amendment to be made wherever possible (A2001-14) A2001-14 inserted the section. The explanatory statement provides: Clause 80 Amendment to be made wherever possible 131. This clause would re-enact section 46 of the Interpretation Act 1967.
(A2003-56) A2003-56 substituted ‘Terms’ for ‘Words and expressions in s 148. The explanatory note is as follows: This amendment brings the section into line with current drafting practice by using ‘terms’ instead of ‘words and expressions’. Section 149 Age in years (A2001-56) A2001-56 inserted the section. The explanatory note is as follows: For s 149 Age in years At one time the law about when a person attained a particular age was technical and artificial. This section ensures that the ordinary understanding about when a person attains an age also applies as a matter of law. The section reproduces the effect of the Interpretation Act 1967, section 13D and is expressed to apply to an Act or a statutory instrument (a term defined in the Legislation Act 2001, s 13)—see the General explanatory note for ch 12 to ch 18. The operation of the section will be displaced, however, if the Act or statutory instrument that contains the reference to age indicates that a different rule is to apply. (A2002-11) A2002-11 omitted the words ‘, except so far as the contrary intention appears’ from s 149. The explanatory statement provides: 141 Most of the amendments contained in the schedule declare various provisions of the Legislation Act to be determinative provisions, omit references to a contrary intention or make other minor consequential amendments (eg provide for the consequential renumbering of subsections). Section 150 Measurement of distance (A2001-56) A2001-56 inserted the section. The explanatory note is as follows: For s 150 Measurement of distance There are various ways in which distance can be calculated for the purposes of the law (for example, by way of the nearest road). Section 150 reproduces the effect of the longstanding rule in the Interpretation Act 1967, section 35 and is expressed to apply to an Act or a statutory instrument (a term defined in the Legislation Act 2001, s 13)—see the General explanatory note for ch 12 to ch 18. The operation of the section will be displaced, however, if the Act or statutory instrument that contains the reference to distance indicates that a different rule is to apply.