Dictionary
Dictionary Dictionary
(see s 2)
Part 1 Meaning of commonly-used terms
(see s 144)
Note Terms that are defined only for this Act are set out in pt 2.
ACAT means the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008.
Act—see the following sections:
section 7 (Meaning of Act generally);
section 17 (References to Acts include references to former Cwlth enactments etc).
Note See also s 102 (References to laws include references to laws as in force from time to time) and s 104 (References to laws include references to instruments under laws).
ACT means the Australian Capital Territory.
ADI—see authorised deposit-taking institution.
administrative unit means an administrative unit for the time being established under the Public Sector Management Act 1994, section 13 (1).
adult means an individual who is at least 18 years old.
ambulance service means the ACT Ambulance Service established under the Emergencies Act 2004.
amend includes—
for an Act or statutory instrument—omit, insert, substitute, renumber or relocate a provision of the Act or instrument; and
for an Act or statutory instrument (or a provision of it)—amend by implication; and
for a provision of an Act or statutory instrument—omit the provision (or a part of it), substitute another provision for the provision (or a part of it), renumber the provision (or a part of it) or relocate the provision (or a part of it); and
for any other instrument, a provision of an instrument or a decision—change or alter.
appoint includes reappoint.
AS—see section 164 (1) (References to Australian Standards etc).
AS/NZS—see section 164 (2) (References to Australian Standards etc).
asset includes property of any kind.
Attorney-General means the Minister designated Attorney-General by the Chief Minister, and includes a Minister authorised by the Chief Minister to act on behalf of the Attorney-General.
auditor-general means the Auditor-General for the Territory under the Auditor-General Act 1996.
Australia means the Commonwealth of Australia and, when used in a geographical sense, does not include an external territory.
Australian citizen means a person who is an Australian citizen under the Australian Citizenship Act 2007 (Cwlth).
Australian Consumer Law (ACT) means the provisions applying because of the Fair Trading (Australian Consumer Law) Act 1992, section 7 (Application of Australian Consumer Law).
Australian Criminal Intelligence Commission means the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth), section 7, and also known as the Australian Criminal Intelligence Commission.
Note The Australian Crime Commission Act 2002 (Cwlth), s 7 (1A) provides that the Australian Crime Commission may also be known by a name specified in the regulations. The Australian Crime Commission Regulations 2002 (Cwlth), s 3A specifies the Australian Criminal Intelligence Commission for that Act, s 7 (1A).
Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Note Australian driver licence is defined in the Road Transport (Driver Licensing) Act 1999, dict to mean a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence or a driver licence receipt) issued under the law of the ACT, the Commonwealth, a State or an internal Territory authorising the holder to drive a motor vehicle on a road or road related area.
Australian/New Zealand Standard—see section 164 (2) (References to Australian Standards etc).
Australian Standard—see section 164 (1) (References to Australian Standards etc).
Australian statistician means the Australian Statistician under the Australian Bureau of Statistics Act 1975 (Cwlth).
authorised deposit-taking institution (or ADI) means an authorised deposit-taking institution under the Banking Act 1959 (Cwlth).
bank means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
the word ‘bank’, ‘banker’ or ‘banking’; or
any other word (whether or not in English) similar in meaning to a word mentioned in paragraph (a).
bank holiday means a day that is a bank holiday in the ACT under the Holidays Act 1958, section 4.
bankrupt or personally insolvent—an individual is bankrupt or personally insolvent if the individual—
under the Bankruptcy Act 1966 (Cwlth)—
is bankrupt; or
is a party to a debt agreement as a debtor; or
is a party to a personal insolvency agreement as a debtor and the obligations created by the agreement remain undischarged; or
authorises a controlling trustee to control the individual's property, whether or not the individual has entered into a personal insolvency agreement as a debtor; or
has a status under a law of a foreign country substantially similar to an individual mentioned in paragraph (a); or
otherwise applies to take the benefit of any law for the relief of bankrupt or insolvent debtors.
barrister means a lawyer who practises as a barrister.
body includes any group of people joined together for a common purpose, whether or not incorporated.
Examples
1 a company
2 a statutory corporation, whether or not it has members
3 an association, club or society
4 a partnership
5 a joint venture
6 a corporation sole
breach includes contravene.
building code means the building code under the Building Act 2004, section 136.
Note The building code is the Building Code of Australia, as amended from time to time by the Australian Building Codes Board and the Australian Capital Territory Appendix to the Building Code of Australia.
building society means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
the term ‘building society’; or
any other term (whether or not in English) similar in meaning.
business day means a day that is not—
a Saturday or Sunday; or
a public holiday or bank holiday in the ACT.
by regulation includes under a regulation.
Note See also def under, in relation to an Act or statutory instrument.
calendar month means one of the 12 months of the year.
calendar year means a period of 12 months beginning on 1 January.
Canberra Institute of Technology means the Canberra Institute of Technology under the Canberra Institute of Technology Act 1987.
change includes change by alteration, omission, substitution or addition.
chief health officer means the Chief Health Officer under the Public Health Act 1997.
Chief Justice means the Chief Justice of the Supreme Court.
Chief Magistrate means the Chief Magistrate of the Magistrates Court.
Chief Minister means the Chief Minister for the Territory.
Note The Chief Minister is elected under the Self‑Government Act, s 40.
chief officer (ambulance service) means the chief officer (ambulance service) under the Emergencies Act 2004.
chief officer (fire and rescue service) means the chief officer (fire and rescue service) under the Emergencies Act 2004.
chief officer (rural fire service) means the chief officer (rural fire service) under the Emergencies Act 2004.
chief officer (SES) means the chief officer (SES) under the Emergencies Act 2004.
chief planner means the Chief Planner under the Planning Act 2023.
chief police officer means the police officer responsible to the commissioner of police for the day-to-day administration and control of police services in the ACT.
chief solicitor means the chief solicitor under the Law Officers Act 2011.
child, if age rather than descendancy is relevant, means an individual who is under 18 years old.
children and young people commissioner means the Children and Young People Commissioner under the Human Rights Commission Act 2005.
Childrens Court means the Childrens Court under the Magistrates Court Act 1930, section 287.
city area means the area that was the City Area under the City Area Leases Act 1936 (repealed).
Note See s 103 for the meaning of references to repealed laws.
city renewal authority means the City Renewal Authority established under the City Renewal Authority and Suburban Land Agency Act 2017, section 7.
civil partner—a person who is in a civil partnership with someone else is the civil partner of the other person.
civil partnership means a civil partnership under the Domestic Relationships Act 1994.
civil union means a civil union under the Civil Unions Act 2012.
civil union partner—a person who is in a civil union with someone else is the civil union partner of the other person.
clerk, in relation to the Legislative Assembly, means the Clerk of the Legislative Assembly.
Note The clerk is appointed under the Legislative Assembly (Office of the Legislative Assembly) Act 2012.
commencement, of an Act or statutory instrument—see section 80.
commencement notice—see section 11.
commissioner for fair trading means the Commissioner for Fair Trading of the Australian Capital Territory under the Fair Trading (Australian Consumer Law) Act 1992.
commissioner for revenue means the Commissioner for Australian Capital Territory Revenue under the Taxation Administration Act 1999.
commissioner for sustainability and the environment means the Commissioner for Sustainability and the Environment under the Commissioner for Sustainability and the Environment Act 1993.
commissioner of police means the Commissioner of Police of the Australian Federal Police.
commit, a person for trial, means—
to order that the person be remanded in custody until tried by the Supreme Court; or
to grant bail to the person to appear and be tried by the Supreme Court.
Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, does not include an external territory.
Commonwealth country means a country that forms part of the Commonwealth of Nations, and includes a territory for the international relations of which a Commonwealth country is responsible.
Commonwealth Criminal Code means the criminal code set out in the Criminal Code Act 1995 (Cwlth), schedule.
Commonwealth DPP means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 (Cwlth).
Commonwealth gazette means the Commonwealth of Australia Gazette or the Australian Government Gazette.
Note The Australian Government Gazette was published from 1 July 1973 to 30 June 1976.
confer, in relation to a function, includes impose.
conservator of flora and fauna means the Conservator of Flora and Fauna under the Nature Conservation Act 2014.
construction occupations registrar means the Australian Capital Territory Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004.
contravene includes fail to comply with.
converted ordinance means an enactment that was an ordinance immediately before self-government day.
Co‑operatives National Law (ACT) means the provisions applying in the ACT because of the Co‑operatives National Law (ACT) Act 2017, section 7 (1) (Application of Co‑operatives National Law and Co‑operatives National Regulations).
Co‑operatives National Regulation (ACT) means the provisions applying in the ACT because of the Co‑operatives National Law (ACT) Act 2017, section 7 (5) (Application of Co‑operatives National Law and Co‑operatives National Regulations).
coroner means a coroner under the Coroners Act 1997.
Coroner’s Court means the Coroner’s Court under the Coroners Act 1997.
corporation includes a body politic or corporate.
Corporations Act means the Corporations Act 2001 (Cwlth).
correctional centre means a correctional centre under the Corrections Management Act 2007.
corrections officer means a corrections officer under the Corrections Management Act 2007.
Court of Appeal means the Court of Appeal constituted under the Supreme Court Act 1933.
court of summary jurisdiction means the Magistrates Court.
credit union means an authorised deposit-taking institution that is permitted under the Banking Act 1959 (Cwlth) to assume or use—
the term ‘credit union’; or
any other term (whether or not in English) similar in meaning.
Criminal Code means the Criminal Code 2002.
daylight means the period in a day from sunrise to sunset.
definition—see section 130.
dental prosthetist—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dental prosthetist (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
dentist—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dentist (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
Deputy Speaker means the Deputy Presiding Officer of the Legislative Assembly.
Note The Deputy Presiding Officer is elected under the Self‑Government Act, s 21 (2).
detention place—see the Children and Young People Act 2008, section 142.
director‑general—see section 163.
director of public prosecutions (or DPP) means the Director of Public Prosecutions under the Director of Public Prosecutions Act 1990.
disability and community services commissioner means the Disability and Community Services Commissioner under the Human Rights Commission Act 2005.
disallowable instrument—see section 9.
discrimination commissioner means the Discrimination Commissioner under the Human Rights Commission Act 2005.
doctor—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the medical profession (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
document means any record of information, and includes—
anything on which there is writing; or
anything on which there are figures, marks, numbers, perforations, symbols or anything else having a meaning for people qualified to interpret them; or
anything from which images, sounds, messages or writings can be produced or reproduced, whether with or without the aid of anything else; or
a drawing, map, photograph or plan.
domestic partner—see section 169 (1).
domestic partnership—see section 169 (2).
DPP—see director of public prosecutions.
driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Note Driver licence is defined in the Road Transport (Driver Licensing) Act 1999, dict to mean a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence issued under that Act or a driver licence receipt issued under that Act) authorising the holder to drive a motor vehicle on a road or road related area.
electoral commission means the Australian Capital Territory Electoral Commission established under the Electoral Act 1992.
electoral commissioner means the Electoral Commissioner under the Electoral Act 1992.
emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES.
emergency services commissioner means the ACT Emergency Services Commissioner under the Emergencies Act 2004.
enactment, of an Act—see section 29 (References to enactment or passing of Acts).
enrolled nurse—
means a person registered under the Health Practitioner Regulation National Law (ACT)—
to practise in the nursing profession (other than as a student); and
in the enrolled nurses (division 2) division; and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
entity includes an unincorporated body and a person (including a person occupying a position).
environment protection authority means the Environment Protection Authority established under the Environment Protection Act 1997.
establish includes constitute and continue in existence.
estate includes any charge, claim, demand, easement, encumbrance, lien, right and title, whether at law or in equity.
Executive means the Australian Capital Territory Executive.
Note The Executive is established by the Self‑Government Act, s 36.
exercise a function includes perform the function.
expire includes lapse or otherwise cease to have effect.
external territory means a Commonwealth territory, other than an internal territory.
fail includes refuse.
Federal Court means the Federal Court of Australia.
file includes lodge.
financial year means a period of 12 months beginning on 1 July.
fire and rescue service means the ACT Fire and Rescue Service established under the Emergencies Act 2004.
for, in relation to an Act or statutory instrument, includes for the purposes of the Act or statutory instrument.
Note Under s 7 (3) and s 13 (3) a reference to an Act or statutory instrument includes a reference to a provision of an Act or statutory instrument.
foreign country means a country (whether or not an independent sovereign country) outside Australia and the external territories, and includes a state, province or other part of such a country.
former NSW Act means an Act corresponding to a NSW Act mentioned in schedule 1.
Note 1 The Crimes Act 1900 is taken to have been enacted by the Legislative Assembly because of the Crimes Legislation (Status and Citation) Act 1992. The 1992 Act was repealed by the Law Reform (Miscellaneous Provisions) Act 1999, but its previous operation was saved (see s 5 (2)).
Note 2 The other former NSW Acts are taken to have been enacted by the Legislative Assembly because of the Interpretation Act 1967, s 65. Section 65 has expired, but its previous operation was saved (see s 65 (3)).
former UK Act means an Act corresponding to a UK Act mentioned in schedule 1.
Note Former UK Acts are also taken to have been enacted by the Legislative Assembly because of the Interpretation Act 1967, s 65. Section 65 has expired, but its previous operation was saved (see s 65 (3)).
found guilty, of an offence, includes—
having an order made for the offence under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); and
having the offence taken into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing).
function includes authority, duty and power.
gambling and racing commission means the Gambling and Racing Commission established under the Gambling and Racing Control Act 1999.
gazette means—
the Australian Capital Territory Gazette; or
for a notice or other information that must or may be notified or published in the gazette—a place approved by the public sector standards commissioner.
give, in relation to a function, includes impose.
government printer includes anyone printing for or by the authority of the Executive.
government solicitor means the Government Solicitor for the Territory under the Law Officers Act 2011.
Governor means—
for a State (other than the Northern Territory)—the Governor of the State, and includes a person administering the Government of the State; or
for the Northern Territory—the Administrator of the Northern Territory, and includes a person administering the Government of the Northern Territory.
Governor-General means the Governor-General of the Commonwealth, and includes a person administering the Government of the Commonwealth.
GST—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.
head of service means the head of service under the Public Sector Management Act 1994.
health practitioner means a person registered under the Health Practitioner Regulation National Law (ACT) to practise a health profession (other than as a student).
Health Practitioner Regulation National Law (ACT) means the provisions applying because of the Health Practitioner Regulation National Law (ACT) Act 2010, section 6 (Application of Health Practitioner Regulation National Law).
health services commissioner means the Health Services Commissioner under the Human Rights Commission Act 2005.
Heavy Vehicle National Law (ACT) means the provisions applying in the ACT because of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).
heritage council means the Australian Capital Territory Heritage Council under the Heritage Act 2004.
heritage register means the heritage register under the Heritage Act 2004.
High Court means the High Court of Australia.
Note The High Court is established by the Commonwealth Constitution, s 71 and provided for under the High Court of Australia Act 1979 (Cwlth).
home address, for an individual, means the address of the place where the individual usually lives.
housing commissioner means the Commissioner for Social Housing under the Housing Assistance Act 2007.
human rights commission means the Human Rights Commission established under the Human Rights Commission Act 2005.
human rights commissioner means the Human Rights Commissioner under the Human Rights Commission Act 2005.
Imperial Act means an Act of the United Kingdom Parliament.
independent competition and regulatory commission means the Independent Competition and Regulatory Commission for the Australian Capital Territory established under the Independent Competition and Regulatory Commission Act 1997.
indictable offence—see section 190.
indictment includes information.
individual means a natural person.
Industrial Court means the Industrial Court under the Magistrates Court Act 1930, section 291P.
information privacy commissioner means the Information Privacy Commissioner appointed under the Information Privacy Act 2014, section 26.
infringement notice includes an infringement notice under the Magistrates Court Act 1930 or the Road Transport (General) Act 1999.
in relation to includes the following:
in respect of;
with respect to;
in connection with;
in regard to;
with reference to;
relating to;
for or with respect to.
instrument—see section 14.
interest, in relation to land or other property, means—
a legal or equitable estate in the land or other property; or
a right, power or privilege over, or in relation to, the land or other property.
integrity commission means the ACT Integrity Commission established under the Integrity Commission Act 2018.
integrity commissioner means the ACT Integrity Commissioner appointed under the Integrity Commission Act 2018.
internal territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.
intersex person—see section 169B.
Jervis Bay Territory means the Territory accepted by the Commonwealth under the Jervis Bay Territory Acceptance Act 1915 (Cwlth).
Note The Jervis Bay Territory is described in the agreement set out in that Act, sch.
judge means a resident judge, additional judge or acting judge under the Supreme Court Act 1933.
Lake Burley Griffin means Lake Burley Griffin as defined in the Lakes Act 1976.
land includes messuages, tenements and hereditaments, corporeal or incorporeal, of any tenure or description, whatever the interest in the land.
Note A number of the terms mentioned in the definition of land have a technical meaning at law. A messuage is a house together with its gardens, orchards and outbuildings. The term tenement signifies land capable of being held in freehold. Hereditament refers to real property that can be inherited. Hereditaments may be corporeal, that is, tangible things such as lands and buildings, or incorporeal, that is, intangible rights attaching to land such as rents, easements, tithes and profits a prendre. (Profits a prendre are the right to take some product of, or part of the soil from, the land of someone else.)
land titles register means the register kept under the Land Titles Act 1925, section 43.
law, of the Territory, means—
an Act; or
a subordinate law; or
any other statutory instrument of a legislative nature; or
the common law.
lawyer means a legal practitioner.
legal aid commission means the Legal Aid Commission (A.C.T.) established under the Legal Aid Act 1977.
legal practitioner means a person who is admitted to the legal profession under the Legal Profession Act 2006 or a law that is a corresponding law for that Act.
Legislation Act means the Legislation Act 2001.
Legislative Assembly means the Legislative Assembly for the Australian Capital Territory.
Note The Assembly is established by the Self‑Government Act, s 8 (1).
legislative instrument—see section 12.
liability means any liability or obligation (whether liquidated or unliquidated, certain or contingent, or accrued or accruing).
magistrate means a Magistrate under the Magistrates Court Act 1930.
Magistrates Court means the Magistrates Court established under the Magistrates Court Act 1930.
make an instrument includes issue and grant the instrument.
making, of a statutory instrument, means the signing, sealing, approval or other endorsement of the instrument by the entity authorised or required to make it.
may—see section 146.
medical practitioner means a doctor.
midnight, in relation to a particular day, means the time when the day ends.
midwife—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the midwifery profession (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
Minister—see section 162.
modification includes modification by alteration, omission, substitution and addition.
month means a period beginning at the start of any day of one of the calendar months and ending—
immediately before the start of the corresponding day of the next calendar month; or
if there is no such corresponding day—at the end of the next calendar month.
Examples
1 The period beginning at the start of 8 May 2014 and ending at midnight on 7 June 2014 is a month.
2 The period beginning at the start of 30 January 2014 and ending at midnight on 28 February 2014 is a month. The month ends on the last day of February because in that year, February does not have a day corresponding to 29 January (because 2014 is not a leap year). If the period began at the start of 30 January 2016 (ie a leap year), the month would end at midnight on 29 February 2016.
must—see section 146.
name includes—
for an Act—the Act’s short title; and
for an instrument—the instrument’s citation; and
for a position—the position’s title or designation.
national capital authority means the National Capital Authority established under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
national capital plan means the National Capital Plan under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
National Credit Code—see the National Consumer Credit Protection Act 2009 (Cwlth), section 5 (1).
National Electricity (ACT) Law means the provisions applying in the ACT because of the Electricity (National Scheme) Act 1997, section 5 (Application in ACT of National Electricity Law).
National Electricity (ACT) Regulation means the provisions applying because of the Electricity (National Scheme) Act 1997, section 6 (Application of regulations under National Electricity Law).
National Energy Retail Law (ACT) means the provisions applying because of the National Energy Retail Law (ACT) Act 2012, section 6 (Application of National Energy Retail Law).
National Energy Retail Regulation (ACT) means the provisions applying because of the National Energy Retail Law (ACT) Act 2012, section 7 (Application of regulations under National Energy Retail Law).
National Gas (ACT) Law means the provisions applying because of the National Gas (ACT) Act 2008, section 8 (Application in the ACT of National Gas Law).
National Gas (ACT) Regulation means the provisions applying because of the National Gas (ACT) Act 2008, section 9 (Application in the ACT of regulations under National Gas Law).
national land means National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
Note If an area of land in the ACT is, or is intended to be, used by or on behalf of the Commonwealth, it may be declared National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 27.
night means the period between sunset on one day and sunrise on the next day.
Northern Territory means the Northern Territory of Australia.
notifiable instrument—see section 10.
notification—
of an Act—see section 30; and
of a legislative instrument—see section 63.
notification day, for an Act or statutory instrument, means the day the Act or instrument is notified.
NSW Act means an Act of the New South Wales Parliament.
NSW correctional centre means a correctional centre (however described) under the Crimes (Administration of Sentences) Act 1999 (NSW).
number means—
a number expressed in figures or words; or
a combination of a number expressed in figures or words and of a letter of the alphabet.
nurse—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the nursing profession (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration; but
does not include an enrolled nurse.
nurse practitioner—
means a person whose registration as a registered health practitioner under the Health Practitioner Regulation National Law (ACT) is endorsed as being qualified to practise as a nurse practitioner; and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
oath includes affirmation.
Note The Evidence Act 2011, div 2.1.2 and the Oaths and Affirmations Act 1984 deal with oaths and affirmations.
occupational discipline order means an order for occupational discipline made by the ACAT.
Note Occupational discipline orders are made under the ACT Civil and Administrative Tribunal Act 2008, s 66 and under authorising laws (authorising law—see ACT Civil and Administrative Tribunal Act 2008, dict).
occupy a position includes hold the position, act in the position or exercise functions of the position (including under a delegation or subdelegation).
office includes position.
Office of the Legislative Assembly means the Office of the Legislative Assembly established under the Legislative Assembly (Office of the Legislative Assembly) Act 2012.
officer of the Assembly means—
the auditor-general; or
the electoral commissioner; or
the integrity commissioner; or
the inspector of the integrity commission under the Integrity Commission Act 2018; or
the ombudsman.
official visitor means an official visitor appointed under the Official Visitor Act 2012, section 10.
ombudsman means the Ombudsman under the Ombudsman Act 1989.
omit, in relation to a provision of an Act or statutory instrument, includes repeal.
optometrist—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the optometry profession (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
ordinance means an ordinance made under the Seat of Government (Administration) Act 1910 (Cwlth), section 12.
parent, of a child, means—
the child’s mother; or
the child’s father; or
someone else who is presumed under the Parentage Act 2004, part 2 to be a parent of the child.
Note A child cannot have more than 2 parents at any one time (see Parentage Act 2004, s 14).
parliamentary counsel means the person performing the duties of Parliamentary Counsel in the public service.
passing, of an Act—see section 29.
penalty unit—see section 133.
person—see section 160 (References to people generally).
pharmacist—
means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the pharmacy profession (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
police officer means a member or special member of the Australian Federal Police.
position includes office.
power includes authority.
prescribed, in an Act, means prescribed by the Act or by regulation under the Act.
present an indictment includes lay an information.
proceeding means a legal or other action or proceeding.
property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes a thing in action.
Note A thing in action is an intangible personal property right recognised and protected by the law. Examples include debts, money held in a bank, shares, rights under a trust, copyright and right to sue for breach of contract.
provision, of an Act or instrument—see section 16.
public advocate means the Public Advocate under the Human Rights Commission Act 2005.
public employee means—
a public servant; or
a public sector member; or
a person employed by a territory instrumentality.
public health officer means a public health officer under the Public Health Act 1997.
public holiday means a day that is a public holiday in the ACT under the Holidays Act 1958, section 3.
public money, of the Territory, means revenues, loans and other money received by the Territory.
public notice, if required by a Territory law, means—
a dated notice on an ACT government website; or
notice in a daily newspaper circulating generally in the ACT.
public sector body—
means a body made up of public sector members; and
includes a body made up of 1 statutory office-holder.
public sector member means a public sector member under the Public Sector Management Act 1994, section 150.
public sector standards commissioner means the Public Sector Standards Commissioner under the Public Sector Management Act 1994.
public servant means a person employed in the public service.
public service means the Australian Capital Territory Public Service.
Note The Public Sector Management Act 1994, s 12 deals with the constitution of the public service.
public trustee and guardian means the Public Trustee and Guardian under the Public Trustee and Guardian Act 1985.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.
Rail Safety National Law (ACT) means the provisions applying in the ACT because of the Rail Safety National Law (ACT) Act 2014, section 6 (Application of Rail Safety National Law).
recognised transgender person—see section 169A (3).
registered surveyor means a surveyor under the Surveyors Act 2007.
registrar means—
in relation to the Supreme Court—the Registrar of the Supreme Court; or
in relation to the Magistrates Court—the Registrar of the Magistrates Court; or
in relation to a tribunal—the registrar of the tribunal.
registrar-general means the Registrar-General under the Registrar-General Act 1993.
registrar of firearms means the Registrar of Firearms under the Firearms Act 1996.
regulation, in relation to an Act, means a regulation made or in force under the Act.
remuneration tribunal means the Remuneration Tribunal established under the Remuneration Tribunal Act 1995.
repeal includes—
for an Act or statutory instrument—omit a provision of the Act or instrument; and
for a provision of an Act or statutory instrument—omit the provision (or a part of it); and
for an Act or statutory instrument (or a provision of it)—abrogate or limit its effect, or exclude from its application any circumstance, matter, person, place or purpose; and
for an Act or statutory instrument (or a provision of it)—any other implied repeal; and
for a statutory instrument—revoke the instrument (or part of it); and
for a decision—revoke it or cancel it.
resident judge means a resident judge under the Supreme Court Act 1933.
retrospectively, for the commencement of legislation—see section 75A.
reviewable decision notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67A.
road transport authority means the Australian Capital Territory Road Transport Authority.
Note 1 In relation to the exercise of a function by the road transport authority under a provision of the road transport legislation, the director‑general of the administrative unit responsible for the provision is the road transport authority.
Note 2 Road transport legislation––see the Road Transport (General) Act 1999, s 6.
rules means—
of a court or tribunal—rules made by the entity having power to make rules (however described) regulating the practice and procedure of the court or tribunal; and
in relation to an Act—rules made or in force under the Act.
rural fire service means the ACT Rural Fire Service under the Emergencies Act 2004.
Self-Government Act means the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth).
self-government day means 11 May 1989.
Note This is the day when the remaining provisions of the Self‑Government Act commenced and, in particular, the Australian Capital Territory was established as a body politic, the Legislative Assembly was empowered to make laws for the ACT and the Executive was established.
sentence administration board means the Sentence Administration Board under the Crimes (Sentence Administration) Act 2005.
SES means the ACT State Emergency Service established under the Emergencies Act 2004.
sign includes attach a seal and make a mark.
signpost definition—see section 131 (Signpost definition).
sitting day, of the Legislative Assembly, means a period that commences on a day the Assembly meets and continues until the Assembly next adjourns.
Note A sitting day may continue for 1 or more days.
solicitor means a lawyer who practises as a solicitor.
solicitor-general means the Solicitor-General for the Territory under the Law Officers Act 2011.
Speaker means the Presiding Officer of the Legislative Assembly.
Note The Presiding Officer is elected under the Self‑Government Act, s 11.
Standards Australia means the company named Standards Australia Limited (ACN 087 326 690).
State means a State of the Commonwealth, and includes the Northern Territory.
statutory declaration means a statutory declaration made under the Statutory Declarations Act 1959 (Cwlth).
statutory instrument—see section 13.
statutory office-holder means a person occupying a position under an Act or statutory instrument (other than a position in the public service).
subordinate law—see section 8.
suburban land agency means the Suburban Land Agency established under the City Renewal Authority and Suburban Land Agency Act 2017, section 37.
summary offence—see section 190.
Supreme Court means the Supreme Court of the Australian Capital Territory.
Note The Supreme Court is established by the Supreme Court Act 1933, s 3. The Self‑Government Act, s 48A deals with the jurisdiction and powers of the court.
surveyor-general means the surveyor-general under the Surveyors Act 2007.
swear an oath includes make an affirmation.
take an oath includes make an affirmation.
territory authority means a body established for a public purpose under an Act, but does not include a body declared by regulation not to be a territory authority.
territory instrumentality means a corporation that is a territory instrumentality under the Public Sector Management Act 1994.
Note Territory instrumentality is defined in the Public Sector Management Act 1994, dict.
territory land means Territory Land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
Note The Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 28 provides that if land in the ACT is not national land it is territory land.
territory law—see law, of the Territory.
territory lease—
means—
a lease granted under the Planning Act 2023; or
a lease that is, under the Unit Titles Act 2001, taken to be granted by the Territory under the Planning Act 2023; but
does not include—
a sublease of land approved under the Planning Act 2023, section 284; or
any other sublease.
territory-owned corporation means a territory-owned corporation under the Territory-owned Corporations Act 1990, section 6 (1).
territory plan means the territory plan under the Planning Act 2023.
territory planning authority means the Territory Planning Authority established under the Planning Act 2023.
the Territory means—
when used in a geographical sense—the Australian Capital Territory; or
in any other case—the body politic established by the Self‑Government Act, section 7.
transgender person—see section 169A (1) and (2).
transitional includes application and saving.
Treasurer means the Minister designated Treasurer by the Chief Minister, and includes a Minister authorised by the Chief Minister to act on behalf of the Treasurer.
tribunal includes any entity that is authorised to hear, receive and examine evidence.
UK Act means an Act of the United Kingdom Parliament.
under, in relation to an Act or statutory instrument, includes the following:
by;
by virtue of;
for or for the purposes of;
in accordance with;
in pursuance of;
pursuant to;
within the meaning of.
Note A reference to an Act or statutory instrument includes a reference to a provision of the Act or instrument (see s 7 and s 13).
United Kingdom means the United Kingdom of Great Britain and Northern Ireland.
United Kingdom Parliament means—
the Parliament of England; or
the Parliament of Great Britain; or
the Parliament of the United Kingdom of Great Britain and Ireland; or
the Parliament of the United Kingdom of Great Britain and Northern Ireland.
veterinary practitioner means a person registered as a veterinary practitioner under the Veterinary Practice Act 2018.
victims of crime commissioner means the Victims of Crime Commissioner under the Human Rights Commission Act 2005.
will includes a codicil.
word includes any drawing, figure, number and symbol.
work health and safety commissioner means the Work Health and Safety Commissioner under the Work Health and Safety Act 2011, schedule 2, section 2.21.
working day means a day that is not—
a Saturday or Sunday; or
a public holiday in the ACT.
writing includes any way of representing or reproducing words in visible form.
Examples
printing, photocopying, photography, typewriting
year, without specifying the kind of year, means calendar year.
Part 2 Terms for Legislation Act 2001 only
Note Terms that apply to all Acts and statutory instruments are set out in pt 1.
Act, for chapter 14 (Interpretation of Acts and statutory instruments)—see section 136.
Note See also def Act in the dictionary, pt 1.
ACT law—
for chapter 10 (Referring to laws)—see section 97 (1); and
for chapter 18 (Offences)—see section 188.
administrator, for part 19.5 (Service of documents)—see section 246.
agency, for part 19.5 (Service of documents)—see section 246.
amend, for chapter 9 (Repeal and amendment of laws)—see section 82.
another jurisdiction means the Commonwealth, a State, another Territory, the United Kingdom or New Zealand.
appointee—
for division 19.3.1 (Appointments—general)—see section 207 (2); and
for division 19.3.2 (Acting appointments)—see section 217 (2).
appointer—
for division 19.3.1 (Appointments—general)—see section 205; and
for division 19.3.2 (Acting appointments)—see section 215; and
for part 19.4 (Delegations)—see section 230 (1).
approved website means an internet site approved under section 21.
authorised republication—see section 15.
authorising law, for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)—see section 31.
benefits, for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)—see section 31.
business address, for part 19.5 (Service of documents)—see section 246.
corporation, for part 19.5 (Service of documents)—see section 246.
costs, for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)—see section 31.
current legislative drafting practice means the legislative drafting practices from time to time used in the Parliamentary Counsel’s Office.
delegate, for part 19.4 (Delegations)—see section 233 (2).
determinative provision—see section 5 (2).
document, for part 19.5 (Service of documents)—see section 246.
Note See also def document in the dictionary, pt 1
editorial amendment, of a law—see section 116.
email address, for part 19.5 (Service of documents)—see section 246.
executive officer, for part 19.5 (Service of documents)—see section 246.
fax number, for part 19.5 (Service of documents)—see section 246.
fee, for part 6.3 (Making of certain statutory instruments about fees)—see section 55.
home address, for part 19.5 (Service of documents)—see section 246.
law—
for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and
for chapter 8 (Commencement and exercise of powers before commencement)—see section 72; and
for chapter 9 (Repeal and amendment of laws)—see section 82; and
for chapter 10 (Referring to laws)—see section 97 (1); and
for chapter 11 (Republication of Acts and statutory instruments)—see section 107; and
for chapter 13 (Structure of Acts and statutory instruments)—see section 125; and
for chapter 16 (Courts, tribunals and other decision-makers)—see section 175; and
for chapter 17 (Entities and positions)—see section 182; and
for chapter 19 (Administrative and machinery provisions)—see section 195.
law of another jurisdiction, for chapter 10 (Referring to laws)—see section 97 (1).
legislative material, for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A.
non-determinative provision—see section 5 (3).
provide a service, for part 6.3 (Making of certain statutory instruments about fees)—see section 55.
register means the ACT legislation register.
repeal, for chapter 9 (Repeal and amendment of laws)—see section 82.
republication—
for chapter 3 (Authorised versions and evidence of laws and legislative material)—see section 22A; and
for chapter 11 (Republication of Acts and statutory instruments)—see section 107.
republication date, for an authorised republication, means the date stated in the republication as the republication date.
responsible, for part 19.5 (Service of documents)—see section 246.
scrutiny committee principles, for chapter 5 (Regulatory impact statements for subordinate laws and disallowable instruments)—see section 31.
service, for part 6.3 (Making of certain statutory instruments about fees)—see section 55.
working out the meaning of an Act, for part 14.2 (Key principles of interpretation)—see section 138.
This Act’s bill:Explanatory statementSecond reading speech
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