AUSTRALIAN CAPITAL TERRITORY
Reserved Laws (Administration) Ordinance 1989
Ordinance No. 42, 1989 as amended
made under the
Seat of Government (Administration) Act 1910
Compilation start date: 21 February 2014
Includes amendments up to: National Land (Parking) Repeal Ordinance 2014
About this compilation
This compilation
This is a compilation of the Reserved Laws (Administration) Ordinance 1989 as in force on 21 February 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 21 February 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Administration of reserved laws
5 Delegation of Ministers’ powers under reserved laws
6 Effect on delegations of changes of occupancy of office
7 Effect on delegations of changes in administration
Schedules
Schedule 1—Reserved laws administered by the Minister administering the Seat of Government (Administration) Act 1910 of the Commonwealth
Schedule 2—Reserved Laws administered by the Attorney‑General
Part 1—Ordinances
Part 2—Imperial Acts in force in the Territory
Schedule 3—Reserved Laws administered by the Treasurer
Part 1—Ordinances
Part 2—Acts of the Parliament of New South Wales in force in the Territory
Schedule 4—Reserved Laws administered by the Minister administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous
An Ordinance to provide for the administration of the reserved laws of the Territory consequentially upon its establishment as a body politic under the Crown
1 Short title
This Ordinance may be cited as the Reserved Laws (Administration) Ordinance 1989.
2 Commencement
(1) Section 1, this section and section 3 commence on the day on which this Ordinance is notified in the Gazette.
(2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth.
3 Interpretation
(1) In this Ordinance, unless the contrary intention appears:
reserved law means:
(a) a law specified in Schedule 5 to the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth;
(c) an Ordinance; or
(d) a regulation, rule or by‑law made under:
(i) a law that is a reserved law by virtue of paragraph (a); or
(ii) an Ordinance.
(2) In this Ordinance, unless the contrary intention appears, land and National Land have the same respective meanings as in the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth.
4 Administration of reserved laws
(1) The Minister for the time being administering the Seat of Government (Administration) Act 1910 of the Commonwealth shall administer the reserved laws specified in Schedule 1.
(2) The Attorney‑General for the Commonwealth shall administer the reserved laws specified in Schedule 2.
(3) The Treasurer for the Commonwealth shall administer the reserved laws specified in Schedule 3.
(4) The Commonwealth Minister of State for Employment, Education and Training shall administer the Canberra Institute of the Arts Ordinance 1988.
(5) Subject to subsection (5A), the Minister for the time being administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall administer the reserved laws specified in Schedule 4.
(5A) The Minister for Administrative Services shall administer the National Land Ordinance 1989 in so far as it relates to National Land other than National Land designated in writing under section 4 of that Ordinance as land required for the special purposes of Canberra as the National Capital.
(6) The Minister for the time being administering the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall administer the National Land (Road Transport) Ordinance 2014.
5 Delegation of Ministers’ powers under reserved laws
(1) A Minister may, by instrument, delegate to any person all or any of his or her powers under a reserved law.
(2) This section has effect subject to any contrary intention:
(a) in the relevant reserved law; or
(b) in the case of a power under a regulation, rule or by‑law—in the law under which that reserved law is made.
6 Effect on delegations of changes of occupancy of office
(1) Where a person ceases to hold the office of Minister, a delegation under a reserved law, being a delegation made or taken to be made by that person in his or her capacity as Minister and in force immediately before the cessation:
(a) shall, on and after that cessation, be taken to be made by the person’s successor in that office and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
(b) may, by instrument, be varied or revoked by that successor.
(2) Paragraphs 29B(c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the relevant successor.
7 Effect on delegations of changes in administration
(1) Where a Minister ceases to be responsible for the administration of a reserved law, a delegation made or taken to be made by that Minister under that reserved law and in force immediately before the cessation:
(a) shall, on and after that cessation, be taken to be made by the Minister who assumes that responsibility (in this section called the successor) and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
(b) may, by instrument, be varied or revoked by the successor.
(2) Paragraphs 29B(c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the successor.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s) | |
Endnote 3—Legislation history
Name | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
Reserved Laws (Administration) Ordinance 1989
(No. 42 of 1989) | 10 May 1989 (see Gazette 1989, No. S160) | Ss. 1–3: 10 May 1989
Remainder: 11 May 1989
(see Gazette 1989, No. S164) | |
Reserved Laws (Administration) (Amendment) Ordinance 1989
(No. 57 of 1989) | 30 Aug 1989 (see Gazette 1989, No. GN33) | 30 Aug 1989 | — |
Evidence (Closed Circuit Television) (Amendment) Ordinance 1990
(No. 6 of 1990) | 27 June 1990 (see Gazette 1990, No. GN25) | 27 June 1990 | — |
Supreme Court (Arbitration) Ordinance 1990
(No. 8 of 1990) | 29 June 1990 (see Gazette 1990, No. S176) | 29 June 1990 | — |
Companies (Registered Societies) Ordinance 1990
(No. 12 of 1990) | 1 Aug 1990 (see Gazette 1990, No. GN30) | 1 Aug 1990 | — |
Reserved Laws (Administration) (Amendment) Ordinance 1993
(No. 3 of 1993) | 24 Nov 1993 (see Gazette 1993, No. GN46) | 24 Nov 1993 | — |
National Land (Parking) (Consequential Amendments) Ordinance 1994
(No. 3 of 1994) | 2 Mar 1994 (see Gazette 1994, No. GN8) | 2 Sept 1994 (see s. 2) | — |
Reserved Laws (Administration) (Amendment and Repeal) Ordinance 1994
(No. 6 of 1994) | 24 Aug 1994 (see Gazette 1994, No. GN33) | 24 Aug 1994 | — |
Reserved Laws (Administration) (Amendment) Ordinance 1997
(No. 2 of 1997) | 11 June 1997 (see Gazette 1997, No. GN23) | 11 June 1997 | — |
Reserved Laws (Administration) Amendment Ordinance 2001 (No. 1)
(No. 1 of 2001) | 5 July 2001 (see Gazette 2001, No. GN275) | 5 July 2001 | — |
National Land (Parking) Repeal Ordinance 2014 | 20 Feb 2014 (see F2014L00167) | Sch 1 (item 2): 21 Feb 2014 | — |
Name | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Arts, Environment and Territories Legislation Amendment Act 1992 | 130, 1992 | 24 Oct 1992 | Royal Assent | see s. 5(2) |
Endnote 4—Amendment history
Provision affected | How affected |
s. 3..................... | am. No. 6, 1994; No. 2, 1997 |
s. 4..................... | am. No. 57, 1989; Act No. 130, 1992; No. 3, 1993; Nos. 3 and 6, 1994; No. 2, 1997; F2014L00167 |
Schedule 1 | |
Schedule 1................ | am. No. 57, 1989; Act No. 130, 1992; No. 3, 1993 |
Schedule 2 | |
Schedule 2................ | am. Nos. 6 and 8, 1989; No. 12, 1990 |
| rs. No. 6, 1994 |
| am. No. 2, 1997; No. 1, 2001 |
Schedule 4 | |
Schedule 4................ | ad. No. 3, 1993 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous
The Reserved Laws (Interpretation) Ordinance 1989 of the Territory (No. 25, 1989) provides for the interpretation of those laws of the Territory which are not enactments. That Ordinance also affects references in ACT laws to enactments.