Commonwealth of Australia Explanatory Memoranda

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TERRITORIES SELF-GOVERNMENT LEGISLATION AMENDMENT (DISALLOWANCE AND AMENDMENT OF LAWS) BILL 2011

       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 42nd 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This clause provides that an Act specified in a Schedule is amended or repealed as set out in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.


 


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