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House of Representatives

Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016

Replacement Explanatory Memorandum

(Circulated by authority of the Minister for Local Government and Territories, Senator the Hon Fiona Nash)
This memorandum replaces the Explanatory Memorandum presented to the House of Representatives on 30 November 2016.


The Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016 (the Bill) would make minor technical amendments to 18 Acts across nine portfolios to incorporate modifications made by the A.C.T. Self-Government (Consequential Provisions) Regulations (the ASGR).

The ASGR made modifications to the application of a number of Acts following the establishment of self-government in the Australian Capital Territory (ACT), as set out in Schedule 1 to the ASGR.

These modifications were made to reflect the establishment of the ACT as a self-governing territory and to ensure that Commonwealth legislation operates in the self-governing ACT in the same way it operates in the states and other self-governing mainland territories. While some of the modifications made by the ASGR were subsequently incorporated into relevant Commonwealth Acts, others were not.

The modifications made by Schedule 1 of the ASGR ensured that existing Commonwealth laws applied in an appropriate manner to the ACT following the ACT's move to self-government.

The purpose of the proposed amendments in the Bill is not to change the intention of the law but to make the remaining modifications to the relevant Commonwealth Acts, thereby allowing the repeal of Schedule 1 and Regulation 2 of the ASGR. This would simplify the legislative framework, by moving the function of the subordinate legislation into the primary legislation, though the amendments would not impact the policy intent or the effect of the modified Commonwealth legislation.

Many of the proposed amendments, for example to the Disability Services Act 1986, simply include the ACT in the definition of a State, to bring the ACT's status as a self-governing territory into line with that applied in the Northern Territory.

These proposed amendments would ensure that all other remaining modifications are made to the primary legislation, ensuring it is easily accessible, and making it easier for users to interpret and apply.

Affected portfolios and the ACT Government were consulted in the preparation of this Bill.

Financial impact statement

This Bill would have no financial implications.

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