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Act No. 6 of 1994 as made
An Act to amend legislation relating to arts, environment and Territories, and for related purposes
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Date of Assent 18 Jan 1994

Arts, Environment and Territories
Legislation Amendment Act 1993

No. 6 of 1994

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An Act to amend legislation relating to arts, environment
and Territories, and for related purposes

[Assented to 18 January 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1.   This Act may be cited as the Arts, Environment and Territories Legislation Amendment Act 1993.

Commencement

2.(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2)  Subsection 4(1) is taken to have commenced on 11 May 1989, immediately after the commencement of section 22 of the A.C.T. Self-Government (Consequential Provisions) Act 1988.


(3)  Subsection 4(2) is taken to have commenced on 14 November 1989, immediately after the commencement of the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory.

PART 2—AMENDMENTS OF THE A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988

Principal Act

3.    In this Part, “Principal Act” means the A.C.T. Self-Government (Consequential Provisions) Act 19881.

Transitional application of Commonwealth Employees Rehabilitation and Compensation Act

4.(1)  Section 22 of the Principal Act is amended:

(a)  by omitting “and” from paragraph (c) of the definition of “Territory staff” in subsection (1);

(b)  by adding at the end of that definition the following word and paragraph:

“; and (e)   the Commissioner, Deputy Commissioner and members of the Australian Capital Territory Fire Brigade under the Fire Brigade (Administration) Act 1974 of the Territory.”.

(2)  Section 22 of the Principal Act is amended:

(a)  by omitting “and” from paragraph (d) of the definition of “Territory staff” in subsection (1);

(b)  by adding at the end of that definition the following word and paragraph:

“; and(f)    persons employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Territory.”.

PART 3—AMENDMENTS OF ACTS

Amendments of Acts

5.    The Acts specified in the Schedule are amended as set out in the Schedule.

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SCHEDULE                                             Section 5

AMENDMENTS OF ACTS

A.C.T. Self-Government (Consequential Provisions) Act 1988

Subsections 5(6) and (7):

Omit the subsections.

Section 7:

Repeal the section.

Australia Council Act 1975

Subsection 29(5):

After “he” insert “or she”.

Subsection 29(9):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Australian Capital Territory (Electoral) Act 1988

Subsection 18(3):

Omit the subsection, substitute:

“(3)            Paragraph (1)(b) does not prevent the making of special provisions for persons who are so sight impaired or physically incapacitated or illiterate that they cannot vote without assistance.”.

Australian Capital Territory (Planning and Land Management)
Act 1988

After section 31:

Insert:

Minerals in Territory Land

“31A.(1) In this section:

‘mineral’ means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.

“(2)            So long as any land in the Territory is Territory Land, all rights of the Commonwealth in relation to minerals in that land are vested in the Territory.”.

Australian Capital Territory (Self-Government) Act 1988

Section 3 (definition of “elector of the Territory”):

Omit “, under section 67C,”.


SCHEDULE—continued

Section 10:

Omit “, disqualification or expulsion”, substitute “or disqualification”.

Subsection 13(3):

Omit the subsection, substitute:

“(3)            The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.”.

Paragraph 17(1)(a):

Add at the end “and”.

Paragraph 17(1)(b):

Omit “and”.

Paragraph 17(1)(c):

Omit the paragraph.

Section 25:

Add at the end:

“(6)            Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:

(a)   the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and

(b)  the commencement of such a proposed law.”.

Subsection 26(3):

(a)   Omit “shall be notified in the Territory Gazette, and”.

(b)  Omit “subsection 25(2)”, substitute “section 25”.

Subsection 34(3):

Omit the subsection.

Subsection 34(5):

Omit “3”, substitute “5”.


SCHEDULE—continued

Subsections 34(6), (7), (8) and (8A):

Omit the subsections.

Paragraph 37(b):

Omit “and” (last occurring).

Section 37:

Add at the end:

“; and (d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b)or(c).”.

After section 38:

Insert:

Executive’s powers under Commonwealth Acts

“38A. An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.”.

Paragraph 46(1)(d):

Omit the paragraph, substitute:

“(d)   in the case of a person appointed as a Minister (other than the Chief Minister):

(i)  when the person is dismissed from office by the Chief Minister; or

(ii)  immediately before another Chief Minister is elected after the passing of a resolution of no confidence in the Chief Minister.”.

Paragraph 59(2)(b):

Omit “3”, substitute “5”.

Subsection 65(1):

Omit the subsection, substitute:

“(1)            An enactment, vote or resolution (‘proposal’) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.”.


SCHEDULE—continued

Subsection 65(2):

(a)   Omit “the object or effect of”.

(b)  Omit “disposed of or charged”, substitute “appropriated”.

Paragraph 67C(2)(a):

After “(2)” insert “or (3)”.

Section 67C:

Add at the end:

“(3)            This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.”.

Before section 69:

Insert in Part IX:

Acts that bind States to bind Territory

“69A.(1) 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, by force of this subsection, unless that Act specifically provides otherwise.

“(2)            Subsection (1) does not affect the application of a law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.”.

Section 72:

Repeal the section.

Subsections 73(2) and (3):

Omit the subsections, substitute:

“(2)            Subject to subsection (3A) of this section and subsection 29A(2) of the A. C.T. Self-Government (Consequential Provisions) Act 1988, a person is, in respect of services in an office, to be paid such remuneration and allowances:

(a)   if they are determined or specified by or under an enactment—as so determined or specified; or

(b)  in any other case—as are determined by the Remuneration Tribunal.”.

Section 74:

Repeal the section, substitute:


SCHEDULE—continued

Regulations

“74. The Governor-General may make regulations:

(a)   prescribing matters:

(i)    required or permitted by this Act to be prescribed; or

(ii)   necessary or convenient to be prescribed for carrying out or giving effect to this Act; and

(b)  adding further matters to Schedule 4.”.

Schedule 3:

Repeal the Schedule.

Australian Heritage Commission Act 1975

Subsection 14(3):

Omit the subsection, substitute:

“(3)            This section has effect subject to the Remuneration Tribunal Act 1973.”.

Subsection 45(6):

Omit the subsection, substitute:

“(6)            Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.”.

National Gallery Act 1975

Subsection 4(1):

Omit the subsection, substitute:

“(1)            The National Gallery of Australia is established.”.

National Parks and Wildlife Conservation Act 1975

Subparagraph 42(3)(b)(ii):

Omit “until”.

World Heritage Properties Conservation Act 1983

Subsection 3B(4):

Omit the subsection, substitute:

“(4)            An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.”.


NOTE

1.    No. 109, 1988, as amended. For previous amendments, see No. 60, 1989; and No. 49, 1992.

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[Minister’s second reading speech made in

Senate on 27 May 1993

House of Representatives on 30 September 1993]