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Legislative Assembly for the ACT: 2000 Week 4 Hansard (30 March) . . Page.. 1093 ..


MR HUMPHRIES (continuing):

Bearing in mind the rather technical nature of much of the Bill, might I also point out to Honourable Members that the Bill itself contains rather detailed explanatory notes that Members may find helpful.

Turning now to Schedule 1, this is a simple amendment to remove an inconsistency in the staffing provisions of the Gambling and Racing Control Act 1999. One provision indicates that members of the Gambling and Racing Commission (which includes the chief executive) hold office for no more than 3 years. Another provision enables the chief executive to be engaged by contract for up to 5 years. The amendment resolves this inconsistency by providing, in effect, that the rule about holding office for 3 years does not apply to the chief executive.

Schedule 2 of the Bill contains a number of amendments of the Interpretation Act 1967. Section 13 is amended to make it clear that a form can require a signature as one of the requirements for proper completion of the form. Section 25B will have the effect that, when an Act gives a function to a person or body, the person or body will automatically acquire the powers that are necessary and convenient to enable the function to be exercised. Some of the existing provisions about instruments have been remade to clarify their operation. For example, power to make an instrument automatically carries with it power to amend or repeal the instrument. Section 27F would allow a single instrument to be made for the purpose of two or more statutory provisions. Section 32, which concerns the liability of corporations for offences, has been rewritten to make its meaning clearer.

I have already referred to section 43 of the Interpretation Act 1967, which provides for the automatic repeal of amending Acts. Section 43 is to be amended so that it would also apply to a section or a subsection in an Act that makes a repeal.

A number of definitions of officials, things or concepts would be added to the dictionary to the Interpretation Act 1967 and some existing definitions would be clarified. Amendments of the Interpretation Act 1967 would also improve its structure and make its text more accessible by dividing some of its provisions into Divisions.

Schedule 2 of the Bill also amends the Legislation (Republication) Act 1996 to allow notes in legislation and references to provision headings to be kept up-to-date. These are drafting devices that are commonly used in recent Acts.

The Subordinate Laws Act 1989 is also amended b y Schedule 2 to omit a provision which is not only unnecessary but imposes an unnecessary restriction on the commencement of legislation.

Finally, Schedule 3 of the Bill make a number of amendments that can best be described as 'technical amendments'. I have already referred to amendments in this Schedule that have the effect of transferring a number of transitional or application provisions from an amending Act to the


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