Australian Capital Territory

registrar-general act 1993
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Registrar-General
	4A.	Deputy Registrars-General
	5.	Registrar-General a corporation sole
	6.	Powers and functions
	8.	Liability of Registrar-General and other officers
	9.	Invalidity of documents

An Act to establish an office of Registrar-General for the Territory
Short title
1.  This Act may be cited as the Registrar-General Act 1993.1
Commencement
2.1  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
 (2)  The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Interpretation
3.  In this Act, unless the contrary intention appears—
“Registrar-General” means—
	(a)	the public servant for the time being performing the functions of the Registrar-General of the Australian Capital Territory by virtue of section 4; or
	(b)	the Registrar-General of the Australian Capital Territory in its corporate capacity by virtue of section 5;
“seal” means the official seal of the Registrar-General referred to in paragraph 5 (1) (c).
Registrar-General
4.  (1)  There shall be a Registrar-General of the Australian Capital Territory.
(2)  The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar-General of the Australian Capital Territory.
(3)  The Registrar-General shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
Deputy Registrars-General
4A.  (1)  There may be 1 or more Deputy Registrars-General.
(2)  The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Deputy Registrar-General.
(3)  A Deputy Registrar-General shall be any public servant for the time being performing the duties of a Government Service office referred to in subsection (2).
Registrar-General a corporation sole
5.  (1)  The Registrar-General—
	(a)	is a corporation sole by the name of the Registrar-General of the Australian Capital Territory;
	(b)	has perpetual succession;
	(c)	shall have an official seal; and
	(d)	is capable, in the corporate name of the Registrar-General, of acquiring, holding and disposing of real and personal property and suing and being sued.
(2)  The Minister shall publish the design of the official seal in the Gazette.
Powers and functions
6.  (1)  The Registrar-General has such powers and functions as are conferred or imposed on the Registrar-General by any law in force in the Territory.
(2)  Subject to the directions of the Registrar-General, a Deputy Registrar-General has, and may exercise and perform, all the powers and functions of the Registrar-General.
(3)  A power or function conferred or imposed on the Registrar-General, when exercised or performed by a Deputy Registrar-General, shall, for all purposes, be taken to have been exercised or performed by the Registrar-General.
(4)  A person dealing with a Deputy Registrar-General is not bound to enquire whether the Deputy Registrar-General, in exercising a power or performing a function in connection with the dealing—
	(a)	was subject to a direction of the Registrar-General; or
	(b)	complied with a direction of the Registrar-General to which the Deputy Registrar-General was subject.
Liability of Registrar-General and other officers
8.  (1)  A person who performs, or who has performed, the functions of the Registrar-General of the Australian Capital Territory or of a Deputy Registrar-General is not personally liable to an action or other proceeding for or in relation to an act done or omitted to be done in good faith in performance or purported performance of such a function.
(2)  Where, by act or omission of the Registrar-General, a person sustains a loss or injury that would have entitled that person to a remedy in respect of the loss or injury if the act or omission were an act or omission of a natural person—
	(a)	the person sustaining the loss or injury is entitled to the same remedy against the Registrar-General in the corporate capacity of the Registrar-General as the person would have been entitled to against a natural person; and
	(b)	the liability of the Registrar-General shall be discharged by the Territory.
Invalidity of documents
9.  A document is not invalid on the ground that there was—
	(a)	an informality in connection with the affixing of the seal; or
	(b)	a failure to affix the seal.

NOTES
1.	the Registrar-General Act 1993 as shown in this reprint comprises Act No. 63, 1993 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Registrar-General Act 1993	63, 1993	6 Sept 1993	Ss. 1 and 2:  6 Sept 1993
Remainder:  1 Oct 1993 (see Gazette 1993, No. S207)		
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15  Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)
	Part III
(ss. 4-9)	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 97, 1994
S. 4	rs. No. 97, 1994
S. 4A	ad. No. 97, 1994
S. 7	rep. No. 97, 1994
S. 8	am. No. 97, 1994