Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 3 - Binding the Crown
43 Some provisions of Acts that predate ACT self-government contain provisions binding the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and, in some cases, of Norfolk Island. They do not mention the Australian Capital Territory. There are also provisions of Acts that predate Northern Territory self-government binding the Crown in right of the Commonwealth and of each State. They do not mention the Northern Territory. Some of the provisions go on to say that "nothing in this Act renders the Crown liable to be prosecuted for an offence".
44 Section 69A of the Australian Capital Territory (Self-Government) Act 1988 provides that if an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, unless that Act specifically provides otherwise.
45 Section 51 of the Northern Territory (Self-Government) Act 1978 provides that if an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, unless that Act specifically provides otherwise
46 This Schedule amends the Child Support (Registration and Collection) Act 1988, to make clear on the face of the Act the legal position that the Crown in right of the Australian Capital Territory and of the Northern Territory is bound.
47 In addition, the Schedule also modernises the form of the associated statement about whether the Crown is liable to be prosecuted for an offence.
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