A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109, 1988
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Definitions 4. Expressions to have same meaning as in Self-Government Act PART II-TRANSITIONAL PROVISIONS 5. Transfer of assets and rights of Commonwealth to Territory 6. Transfer of rights and obligations of Commonwealth under contracts 7. Acts that bind States to bind Territory 8. Ordinances modifying converted Acts 9. Uncommenced Acts 10. Uncommenced Ordinances 11. Ordinances not to be treated as inconsistent with Acts 12. Laws converted into enactments by 1 July 1990 13. Appointments under Audit Act 14. Auditor-General 15. Transfer of Audit Act Accounts 16. Transfer of appropriations for Audit Act Accounts 17. Abolition of Australian Capital Territory Trust Account 18. Closure of Accounts 19. Territory audit law to apply to new Accounts 20. Territory to reimburse Commonwealth for certain development costs 21. Staff from Australian Public Service 22. Transitional application of Commonwealth Employees Rehabilitation and Compensation Act 23. Transitional application of Long Service Leave (Commonwealth Employees) Act 24. Transitional application of Maternity Leave (Commonwealth Employees) Act 25. Transitional application of Merit Protection (Australian Government Employees) ACT 1988 26. Administrative Decisions (Judicial Review) ACT 1988-savings 27. Administrative Appeals Tribunal-savings 28. ACT Ombudsman-interim arrangements 29. Freedom of Information Act-transitional 30. Appropriation 31. Regulations PART III-CONSEQUENTIAL AMENDMENTS OF ACTS 32. Amendments of Acts SCHEDULE 1 MODIFICATIONS OF PUBLIC SERVICE ACT 1922 SCHEDULE 2 MODIFICATIONS OF LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1988 1976 SCHEDULE 3 MODIFICATIONS OF MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 SCHEDULE 4 MODIFICATIONS OF MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 SCHEDULE 5 CONSEQUENTIAL AMENDMENTS OF ACTS A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - LONG TITLE
An Act to make certain transitional provisions, and to amend certain Acts, in consequence of the enactment of the Australian Capital Territory (Self Goverment) ACT 1988 1988 A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - PART I PART I-PRELIMINARY
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 1 Short title
(Assented to 6 December 1988) 1. This Act may be cited as the A.C.T. Self-Government (Consequential Provisions) ACT 1988 1988. (Minister's second reading speech made in- House of Representatives on 1 November 1988 Senate on 7 November 1988) A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 2 Commencement
2. (1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.
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(2) The amendments of section 19 of the Commonwealth Teaching Service Act 1972 commence on a day or days to be fixed by the Chief Minister by notice in the Territory Gazette.
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 3 Definitions
3. In this Act, unless the contrary intention appears: "Appropriation Act" means an Act appropriating money for the financial year ending on 30 June 1989, and includes an Act making interim provision for such an appropriation; "Audit Act Account" means: (a) any of the following heads of account in the Trust Fund maintained under section 60 of the Audit Act 1901, namely: Life Be In It Program in the Australian Capital Territory Other Trust Monies Canberra Public Library Service-Literacy Material for the Handicapped Trust Fund Territories-Services for Other Governments and Non-Departmental Bodies; or (b) any of the following Trust Accounts established under section 62A of the Audit Act 1901, namely: Australian Capital Territory Community Development Fund Trust Account Australian Capital Territory Forestry Trust Account Australian Capital Territory Housing Assistance Fund Trust Account Australian Capital Territory Motor Vehicle Dealers' Compensation Fund Trust Account Australian Capital Territory Suspense Trust Account Australian Capital Territory Transport Trust Account; "enactment authority" means a body, whether incorporated or not, established by or under an enactment; "modifications" includes additions, omissions and substitutions; "Ordinance" means an Ordinance made under section 12 of the Seat of Government (Administration) ACT 1988 1910; "Planning Act" means the Australian Capital Territory (Planning and Land Management) ACT 1988 1988; "public money of the Territory" means revenues, loans and other money received by the Territory; "Self-Government Act" means the Australian Capital Territory (Self-Government) ACT 1988 1988; "Self-Government Day" means the day on which the Assembly is empowered to make laws; "teaching service" means the service known on 1 November 1988 as the Commonwealth Teaching Service; "Territory audit law" means the law in force in the Territory on and after Self-Government Day relating to the audit of the public money of the Territory; "Territory function" means a matter referred to in section 37 of the Self-Government Act or Schedule 4 to that Act; "transitional authority staff" means the staff of an enactment authority, other than an authority established by an enactment that provides for the appointment or employment of its staff outside the Public Service Act 1922, but does not include the members of the teaching service; "transitional staff" means: (a) transitional Territory staff; or (b) transitional authority staff; "transitional Territory staff" means the persons required for the conduct of the public administration of the Government of the Territory, other than members of the service referred to in section 54 of the Self-Government Act. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 4 Expressions to have same meaning as in Self-Government Act
4. Except so far as the contrary intention appears, expressions in this Act have the same meaning as in the Self-Government Act. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - PART II PART II-TRANSITIONAL PROVISIONS
A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 5 Transfer of assets and rights of Commonwealth to Territory
5. (1) The Minister shall transfer or cause to be transferred to the Territory all assets and rights of the Commonwealth that, in his or her opinion, relate to Territory functions. (2) Subsection (1) does not apply to: (a) money; or (b) any estate in land. (3) The Minister shall transfer or cause to be transferred to the Territory
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all estates in land in the Territory of a kind referred to in subsection (4), being estates that, in his or her opinion, are held by the Commonwealth for purposes that relate to Territory functions. (4) Subsection (3) applies to estates consisting of: (a) interests under easements (including easements in gross), rights of way or mortgages; or (b) interests as lessee or sub-lessee. (5) Where an estate transferred to the Territory under subsection (3) is an estate derived from a contract, the Territory is, by force of this subsection, substituted for the Commonwealth as a party to the contract.
(6) So long as any land in the Territory is Territory Land as defined by the Australian Capital Territory (Planning and Land Management) Act 1988, all rights of the Commonwealth in relation to minerals in that land are vested in the Territory by force of this subsection.
(7) In subsection (6): "mineral" means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 6 Transfer of rights and obligations of Commonwealth under contracts
6. (1) The regulations may provide for: (a) the substitution of the Territory for the Commonwealth as a party to any contract; and (b) matters connected with any such substitution. (2) Subsection (1) applies only to a contract: (a) which is subsisting immediately before Self-Government Day; (b) to which the Commonwealth is a party; and (c) which relates to a Territory function. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 7 Acts that bind States to bind Territory
7. (1) Where 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, by force of this subsection, binds the Territory, or the Crown in right of the Territory, 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. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 8 Ordinances modifying converted Acts
8. (1) The power of the Governor-General to make Ordinances extends to making, before Self-Government Day, Ordinances modifying Acts referred to in Schedule 2 to the Self-Government Act, being modifications arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown.
(2) The modifications shall not take effect before Self-Government Day.
(3) On Self-Government Day, an Ordinance made under this section shall be taken to be an enactment, and may be amended or repealed accordingly. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 9 Uncommenced Acts
9. (1) In this section: "Commonwealth law" means an Act, or a Part of an Act, specified in Schedule 2 to the Self-Government Act. (2) Where: (a) a provision of a Commonwealth law is to commence on a day to be fixed by Proclamation; and (b) at the beginning of Self-Government Day, a day has not been fixed for the commencement of the provision; then, on or after that Day, the Chief Minister may, by notice in the Territory Gazette, fix a day for the commencement of that provision. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 10 Uncommenced Ordinances
10. (1) In this section: "Ordinance" means an Ordinance made before Self-Government Day, other than an Ordinance, or a provision of an Ordinance, specified in Schedule 3 to the Self-Government Act. (2) Where: (a) an Ordinance, or a provision of an Ordinance, is to commence on a day to be fixed by notice in the Commonwealth Gazette; and (b) at the beginning of Self-Government Day, a day has not been fixed for the commencement of the Ordinance or provision; then, on or after that Day, the Chief Minister may, by notice in the Territory Gazette, fix a day for the commencement of that Ordinance or provision. (3) An Ordinance, or a provision of an Ordinance, made before Self-Government Day but not in force immediately before that Day shall, on that Day, be taken to be an enactment, and may be amended or repealed accordingly.
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A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 11 Ordinances not to be treated as inconsistent with Acts
11. Where: (a) an Ordinance is made before Self-Government Day about a subject that, when the Ordinance is made, is dealt with by an Act; (b) the Ordinance does not commence before that Day; and (c) when the Ordinance commences, it is capable of operating concurrently with the Act as then in force; the Ordinance is not invalid merely because, at the time when it is made, it is inconsistent with the Act. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 12 Laws converted into enactments by 1 July 1990
12. (1) In this section: "law" includes a part of a law. (2) If, immediately before 1 July 1990, any laws specified in subsection (5) have not been omitted from Schedule 3 of the Self-Government Act, the laws are omitted from that Schedule on that date by force of this subsection and shall be taken to be enactments and may be amended or repealed accordingly.
(3) Where: (a) an Ordinance has been made with respect to the subject matter of a law specified in Schedule 3 to the Self-Government Act; and (b) the law is omitted from that Schedule at a time when the Ordinance is in force; the Governor-General may make regulations providing that the Ordinance, or specified parts of the Ordinance (being parts relating to that subject matter), with such modifications (if any) as are specified in the regulations, shall be taken to be an enactment and may be amended or repealed accordingly. (4) The definition of "enactment" in section 3 of the Self-Government Act shall be read as including a law, Ordinance or part of an Ordinance that is taken to be an enactment because of subsection (2) or (3).
(5) The laws referred to in subsection (2) are the laws specified in the various Parts of Schedule 3 to the Self-Government Act as follows:
PART 1 Children's Services Ordinance 1986 except sections 143, 144, 145, 146 and 147 Criminal Injuries Compensation Ordinance 1983 Coroners Ordinance 1956 Crimes Ordinances and Crimes Amendment Ordinances (various) Imperial Acts (Substituted Provisions) Ordinance 1986, Schedule 2, Parts 16, 17, 20 and 21 Judgment Creditors Remedies Ordinance 1933 Judiciary (Stay of Proceedings) Ordinance 1933 Legal Practitioners Ordinance 1970 Limitation Ordinance 1985 Magistrates Court Ordinance 1930 Magistrates Court (Civil Jurisdiction) Ordinance 1982 Notaries Public Ordinance 1984 Police Ordinance 1927 Small Claims Ordinance 1974 Supreme Court Ordinance 1952 PART 2 Arrest on Mesne Process Act 1902 Crimes Act 1900 Judgment Creditors' Remedies Act 1901 Lunacy Act 1898, sections 65, 66 and 67 Piracy Punishment Act 1902 PART 3 Offences at sea (1536) 28 Hen. 8 c. 15 Piracy (1698) 11 Will. 3 c. 7 Piracy (1717) 4 Geo. 1 c. 11 Piracy (1721) 8 Geo. 1 c. 24 Piracy (1744) 18 Geo. 2 c. 30 Slavery Abolition Act (1833) 3 and 4 Will. 4 c. 73 Slave Trade Act (1824) 5 Geo. 4 c. 113 Slave Trade Act (1843) 6 and 7 Vic. c. 98 Slave Trade Act (1873) 36 and 37 Vic. c. 88 A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 13 Appointments under Audit Act
13. (1) In this section: "audit appointment" means an appointment made under section 34 of the Audit Act 1901, so far only as the appointment empowers the appointee to exercise powers in relation to the Territory; "audit delegation" means a delegation made under section 70A of that Act of powers under section 20, 34, 37B, 62B or 70C of that Act, so far only as those powers relate to the Territory. (2) Where, immediately before Self-Government Day, a person holds an audit appointment, the appointment continues in effect on and after that Day as if
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it had been made under the corresponding provision of the Territory audit law. (3) Where, immediately before Self-Government Day, an audit delegation is in effect, the delegation continues in effect on and after that Day as if it had been made by the Chief Minister under the corresponding provision of the Territory audit law. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 14 Auditor-General
14. On and after Self-Government Day, and until otherwise provided by enactment, the Auditor-General for the Commonwealth shall be the Auditor-General for the Territory and each Territory authority and, for those purposes, shall exercise such powers as are provided by enactment. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 15 Transfer of Audit Act Accounts
15. (1) Where, immediately before Self-Government Day, an Audit Act Account was in existence, a Trust Account shall, on that Day, be taken to be established under the Territory audit law for the same purposes as those of the Audit Act Account.
(2) An amount standing to the credit of an Audit Act Account at the beginning of Self-Government Day shall be paid into the corresponding Trust Account established by subsection (1).
(3) For the purposes of subsection (2), money standing to the credit of the Trust Fund under a head of account that constitutes an Audit Act Account as defined by this Act shall be taken to be money standing to the credit of the Account.
(4) Where, at the beginning of Self-Government Day, an amount is payable, but has not been paid, into an Audit Act Account, the amount is payable into the corresponding Trust Account established by subsection (1). A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 16 Transfer of appropriations for Audit Act Accounts
16. (1) Where an Appropriation Act has appropriated, or appropriates, money for the purposes of a Trust Account that is an Audit Act Account as defined by this Act, the Act shall be taken to have appropriated, or to appropriate, the money for the purposes of the corresponding Trust Account established by subsection 15 (1). (2) Subsection (1) does not apply to money that has been spent for the purposes of the Audit Act Account before Self-Government Day. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 17 Abolition of Australian Capital Territory Trust Account
17. (1) In this section: "Account" means the Australian Capital Territory Trust Account established under section 62A of the Audit Act 1901; "Consolidated Revenue Fund" means the Consolidated Revenue Fund of the Territory established under the Territory audit law. (2) An amount standing to the credit of the Account at the beginning of Self-Government Day shall be paid into the Consolidated Revenue Fund.
(3) Where, at the beginning of Self-Government Day, an amount is payable, but has not been paid, into the Account, the amount is payable into the Consolidated Revenue Fund.
(4) Where an Appropriation Act has appropriated, or appropriates, money for the purposes of the Account, the Act shall be taken to have appropriated, or to appropriate, the money for the purposes of the Consolidated Revenue Fund.
(5) Subsection (4) does not apply to money that has been spent for the purposes of the Account before Self-Government Day. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 18 Closure of Accounts
18. After the money standing to the credit of an Account has been paid under section 15 or 17, the Account shall be closed. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 19 Territory audit law to apply to new Accounts
19. Nothing in this Act prevents a Trust Account established by this Act from being dealt with, or being closed, under the Territory audit law. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 20 Territory to reimburse Commonwealth for certain development costs
20. (1) In this section: "development costs", in relation to land, means costs of development of the land, other than costs that have been recouped by payments out of the Trust Account; "Territory Land" has the same meaning as in the Australian Capital Territory (Planning and Land Management) ACT 1988 1988; "Trust Account" means the Australian Capital Territory Trust Account established under section 62A of the Audit Act 1901. (2) Where: (a) before Self-Government Day, the Commonwealth incurred development costs
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in relation to any land in the Territory; (b) immediately before that Day, the land was not subject to a leasehold interest and was, or was intended to be, available to be: (i) leased; or (ii) used by the Territory for commercial purposes; and (c) on that Day, the land becomes Territory Land; the Territory shall pay to the Commonwealth a reasonable amount as reimbursement of those costs. (3) Where: (a) before Self-Government Day: (i) the Commonwealth incurred development costs in relation to any land in the Territory; and (ii) a leasehold interest in the land has been sold; and (b) the proceeds of the sale have: (i) been paid into the Trust Account before that Day; or (ii) become payable to the Territory on or after that Day; the Territory shall pay to the Commonwealth a reasonable amount as reimbursement of those costs. A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988 No. 109 of 1988 - SECT 21