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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 496 ..

Clause 82, as amended, agreed to.

Clauses 83 to 89, by leave, taken together and agreed to.

Clause 90.

MR STEFANIAK (Minister for Education and Attorney-General) (3.49): I move amendment No 20 circulated in my name [see schedule 1 at page 523].

Mr Speaker, amendment No 20 inserts a new subclause to provide that clause 90, meaning of references to a law or instrument generally, applies except so far as the contrary intention appears. A contrary intention could exist if, for example, construing a reference to an applied statutory instrument, as meaning the instrument as in force from time to time, would contravene clause 39 (1).

Amendment agreed to.

Clause 90, as amended, agreed to.

Clause 91 agreed to.

Clause 92.

MR STEFANIAK (Minister for Education and Attorney-General) (3.50): I move amendment No 21 circulated in my name [see schedule 1 at page 523].

This amendment inserts a new subclause to make it clear that a reference to an act, statutory instrument or provision includes a reference to the laws and instruments applied, adopted or incorporated under the act, statutory instrument or provision, as permitted by clause 39.

Amendment agreed to.

Clause 92, as amended, agreed to.

Clause 93.

MR STEFANIAK (Minister for Education and Attorney-General) (3.51): I move amendment No 22 circulated in my name [see schedule 1 at page 523].

This amendment inserts a new subclause to provide that clause 93, references and statutory instruments to the act, applies except so far as a contrary intention appears. Although rare, there are cases where references in a statutory instrument to "the act" are references to an act other than the act under which the instrument is made or enforced. For example, the workers compensation laws are enforced under the Magistrates Court Civil Jurisdiction Act 1982, that makes provision for proceedings under the Workers' Compensation Act 1951.

Amendment agreed to.

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