Regulation-making power

In force

The Executive may make regulations for this Act.

Dictionary (see s 2)

Note 1

The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2

For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACT

 Commonwealth

 Corporations Act

 home address

 instrument (see s 14)

 interest

 under.

action includes any proceeding in a court.

administrator—see the Administration and Probate Act 1929, dictionary.

cause of action means the fact or combination of facts that gives rise to a right to bring a civil proceeding.

deed includes—

(a)

an instrument having the effect of a deed under a law in force in the ACT; or

(b)

for an instrument executed under the law of any of the following jurisdictions—an instrument having the effect of a deed under the law under which it is executed:

(i)

the Commonwealth;

(ii)

a State;

(iii)

another Territory;

(iv)

the United Kingdom;

(v)

New Zealand.

defendant means a person against whom a cause of action lies, whether or not a proceeding has been started for the cause of action.

government—see the Legislation Act 2001, section 121 (Binding effect of Acts).

income includes interest on a judgment and other interest, rent, annuities and dividends, but does not include arrears of interest secured by a mortgage and lawfully treated as principal.

judgment includes a judgment of a court of the ACT and of any other place.

land—see the Land Titles Act 1925, section 6 (1).

mortgage includes—

(a)

a charge or lien on any property for securing money or money’s worth, other than a possessory lien on goods or any binding effect on property arising under an enforcement order of a court; and

(b)

for land registered under the Land Titles Act 1925—a charge within the meaning of that Act.

mortgagee includes a person claiming a mortgage through an original mortgagee.

mortgagor includes a person claiming property subject to a mortgage through an original mortgagor.

personal injury includes any disease and any impairment of the physical or mental condition of a person.

personal representative—see the Civil Law (Wrongs) Act 2002, dictionary.

plaintiff means a person who has a cause of action, whether or not a proceeding has been started for the cause of action.

principal money, for a mortgage, means all money secured by the mortgage, including arrears of interest lawfully treated as principal, but does not include other interest.

successor, for a person liable on a cause of action, means someone on whom the person’s liability devolves, whether or not—

(a)

as personal representative or otherwise on death; or

(b)

bankruptcy, disposition of property, or ending of a limited interest in property.

trust—

(a)

includes—

(i)

an express, implied and constructive trust, whether or not the trustee has a beneficial interest in the trust property, and whether or not the trust arises only because of a transaction impeached; and

(ii)

the duties incident to the office of personal representative; but

(b)

does not include the duties incident to the estate or interests of a mortgagee in mortgaged property.

under a disability—a person is under a disability—

(a)

while the person is under 18 years old; or

(b)

while the person is, for a continuous period of 28 days or longer, incapable of, or substantially impeded in, the management of his or her affairs in relation to the cause of action in relation to the limitation period for which the question of disability arises because of—

(i)

intellectual retardation or disability, mental illness or disorder, brain damage, senility or physical disability; or

(ii)

war or warlike operations; or

(iii)

circumstances arising out of war or warlike operations.

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59 Regulation-making power