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Legislative Assembly for the ACT: 2011 Week 11 Hansard (Thursday, 20 October 2011) . . Page.. 4764 ..


The definition includes individuals having a similar bankruptcy or personal insolvency status in a foreign country and people in any other circumstances seeking to benefit from any law for the relief of bankrupt or insolvent debtors. A number of acts and regulations were also amended in that act, schedule 3, as a consequence of the new definition.

The Statute Law Amendment Bill (No 2) continues the process with similar amendments being made to the Intoxicated People (Care and Protection) Act 1994, the Medicines, Poisons and Therapeutic Goods Act 2008, the Medicines, Poisons and Therapeutic Goods Regulation 2008, the Radiation Protection Act 2006 and the Tobacco Act 1927. Language in relation to bankruptcy has been replaced with references to the Legislation Act definition of “bankrupt or personally insolvent”.

Schedule 1 also amends the Domestic Animals Regulation 2001 to insert a new item in schedule 1 which lists reviewable decisions under the act and regulation. The effect of the new item is to make a decision by the registrar to revoke a permit to keep a dog or cat that is not desexed a reviewable decision. Schedule 1 also amends the Exhibition Park Corporation Act 1976 to reduce the membership of the board from not more than nine members to not more than five members.

Schedule 2 provides for non-controversial structural amendments of the Legislation Act 2001 initiated by the Parliamentary Counsel’s Office. Structural issues are particularly concerned with making the statute book more coherent and concise and therefore more accessible. Strategies to achieve these objectives include avoiding unnecessary duplication and achieving the maximum degree of standardisation of legislative provisions consistent with policy requirements and operational needs.

The schedule amends the Legislation Act to include new definitions in the dictionary, part 1, for ease of reference across the statute book. Schedule 3 includes amendments of acts and regulations that have been reviewed as part of an ongoing program of updating and improving the language and form of legislation. These amendments are explained in the explanatory notes and are routine, technical matters such as the correction of minor errors, improving syntax and omitting redundant provisions.

In particular, the schedule revives the Financial Sector Reform (ACT) Act 1999, which was repealed in 2002. The act, in conjunction with complementary commonwealth and state legislation, transferred the regulation of building societies and credit unions to the commonwealth. The transfer of the business of authorised deposit-taking institutions has since been covered by the Financial Sector (Business Transfer and Group Restructure) Act 1999 of the commonwealth. As a consequence of the commonwealth act applying to the territory, the Financial Sector Reform Act was repealed, while saving the effect of transitional provisions. However, to facilitate transfers of business under the commonwealth act, particular provisions are still required to be enacted in the state or territory where the receiving body is established. The repealed act contained those provisions for the ACT.

The schedule also omits part 4 of the revived act, which contained transitional provisions only. Any remaining operation of part 4 is saved by the application of the Legislation Act 2001, section 88.


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