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Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Bill 2011

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Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth) Bill 2010

 

EXPLANATORY MEMORANDUM

Senator Bob Brown

 

 

This bill was introduced by the Australian Greens in the 42 nd Parliament. The following explanatory memorandum reflects the debate at the time of the bill’s original introduction.

 

General outline

 

The purpose of this Bill is to amend the Australian Capital Territory (Self-Government) Act 1988 to remove the power of the Commonwealth executive government to override or amend legislation made by the Australian Capital Territory.  It does so by repealing section 35 of the Act:

 

Notes on clauses

 

Clause 1 - Short title

This is a formal provision setting out the short title.

 

Clause 2 - Commencement

This provides that the bill commences on Royal Assent.

 

Clause 3 - Schedule(s)

This clause provides that an Act specified in a Schedule is amended or repealed as set out in that Schedule, and that any other item in a Schedule operates according to its terms.

 

Clause 4 - Objects of this Act

This clause sets out the objects of the bill: to remove the Governor-General’s power to disallow or amend any Act of the Legislative Assembly for the Australian Capital Territory and to ensure that the Legislative Assembly has exclusive legislative authority and responsibility for making laws for the Australian Capital Territory.

 

Schedule 1 - Amendment of the Australian Capital Territory (Self-Government) Act 1988

Item 1 repeals section 35 of the Act, the section which currently empowers the Governor-General to disallow or amend any Act of the Legislative Assembly for the Australian Capital Territory.