Katy Gallagher (ACT, Australian Labor Party) Share this | Hansard source

This bill, the Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016, will ensure that 18 Commonwealth acts continue to apply to the ACT following the sunset of the A.C.T. Self-Government (Consequential Provisions) Regulations in 2018. At present the text of applicable Commonwealth law in the ACT relies on the A.C.T. Self-Government (Consequential Provisions) Regulations, also known as the ASGR. The ASGR made modifications to the application of 47 acts following the establishment of self-government in the ACT. Whilst some of the modifications made by the ASGR were subsequently incorporated into the relevant Commonwealth acts, in the case of 18 acts they were not.

This bill would make minor technical amendments to those remaining 18 acts across nine portfolios to incorporate the modifications made by the ASGR. This would allow the repeal of schedule 1 and regulation 2 of the ASGR and move the function of the subordinate legislation into the primary legislation. The amendments would not impact on the policy intent or the effect of the modified Commonwealth legislation. This is not been an issue before now because while the texts are the same and Commonwealth laws do not refer to the ACT a court currently reads that Commonwealth acts apply in the ACT because of the operation of the ASGR. The ASGR sunsets in 2018, so this bill will amend the remaining 18 Commonwealth acts to ensure that the legislation will continue to apply in the ACT.