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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Acts Interpretation Amendment Bill 2011
No. , 2011
A Bill for an Act to amend the Acts Interpretation Act 1901 , and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 4
Schedule 1—Main amendments 5
Acts Interpretation Act 1901 5
Legislative Instruments Act 2003 39
Schedule 2—Consequential amendments 40
Aboriginal and Torres Strait Islander Act 2005 40
Aboriginal Land Rights (Northern Territory) Act 1976 42
Administrative Appeals Tribunal Act 1975 43
Admiralty Act 1988 43
Aged Care Act 1997 43
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 44
Agricultural and Veterinary Chemicals Act 1994 44
Agricultural and Veterinary Chemicals (Administration) Act 1992 44
Agricultural and Veterinary Chemicals Code Act 1994 45
Air Navigation Act 1920 45
Airports Act 1996 45
Airports (Transitional) Act 1996 46
Air Services Act 1995 46
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999 47
Antarctic Treaty (Environment Protection) Act 1980 47
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 47
Anti-Personnel Mines Convention Act 1998 48
Archives Act 1983 48
Auditor-General Act 1997 48
AusCheck Act 2007 49
Australia Council Act 1975 49
Australian Astronomical Observatory Act 2010 50
Australian Broadcasting Corporation Act 1983 51
Australian Bureau of Statistics Act 1975 52
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 52
Australian Capital Territory (Planning and Land Management) Act 1988 53
Australian Centre for International Agricultural Research Act 1982 53
Australian Centre for Renewable Energy Act 2010 54
Australian Communications and Media Authority Act 2005 54
Australian Crime Commission Act 2002 55
Australian Curriculum, Assessment and Reporting Authority Act 2008 55
Australian Federal Police Act 1979 56
Australian Film, Television and Radio School Act 1973 56
Australian Hearing Services Act 1991 57
Australian Human Rights Commission Act 1986 57
Australian Information Commissioner Act 2010 58
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 58
Australian Institute of Health and Welfare Act 1987 59
Australian Institute of Marine Science Act 1972 59
Australian Law Reform Commission Act 1996 60
Australian Maritime Safety Authority Act 1990 60
Australian National Maritime Museum Act 1990 61
Australian National University Act 1991 62
Australian Nuclear Science and Technology Organisation Act 1987 62
Australian Organ and Tissue Donation and Transplantation Authority Act 2008 63
Australian Passports Act 2005 64
Australian Postal Corporation Act 1989 65
Australian Prudential Regulation Authority Act 1998 65
Australian Radiation Protection and Nuclear Safety Act 1998 65
Australian Research Council Act 2001 66
Australian Security Intelligence Organisation Act 1979 66
Australian Sports Anti-Doping Authority Act 2006 66
Australian Sports Commission Act 1989 68
Australian Trade Commission Act 1985 70
Australian War Memorial Act 1980 70
Banking Act 1959 71
Bankruptcy Act 1966 71
Bills of Exchange Act 1909 71
Broadcasting Services Act 1992 72
Building and Construction Industry Improvement Act 2005 74
Cancer Australia Act 2006 74
Chemical Weapons (Prohibition) Act 1994 75
Child Support (Assessment) Act 1989 75
Child Support (Registration and Collection) Act 1988 76
Civil Aviation Act 1988 77
Civil Aviation (Carriers’ Liability) Act 1959 78
Classification (Publications, Films and Computer Games) Act 1995 78
COAG Reform Fund Act 2008 79
Coal Mining Industry (Long Service Leave Funding) Act 1992 79
Commonwealth Authorities and Companies Act 1997 80
Commonwealth Electoral Act 1918 81
Commonwealth Serum Laboratories Act 1961 83
Competition and Consumer Act 2010 84
Coordinator-General for Remote Indigenous Services Act 2009 87
Copyright Act 1968 88
Corporations (Aboriginal and Torres Strait Islander) Act 2006 88
Crimes Act 1914 89
Crimes at Sea Act 2000 89
Criminal Code Act 1995 89
Criminology Research Act 1971 90
Cross-Border Insolvency Act 2008 90
Customs Act 1901 90
Customs Administration Act 1985 91
Customs Tariff Act 1995 92
Defence Act 1903 92
Defence Force Discipline Act 1982 95
Defence Force Retirement and Death Benefits Act 1973 95
Defence Home Ownership Assistance Scheme Act 2008 96
Defence Housing Australia Act 1987 96
Dental Benefits Act 2008 97
Designs Act 2003 97
Development Allowance Authority Act 1992 97
Director of Public Prosecutions Act 1983 97
Disability Discrimination Act 1992 98
Do Not Call Register Act 2006 99
Education Services for Overseas Students Act 2000 99
Environment Protection and Biodiversity Conservation Act 1999 99
Environment Protection (Sea Dumping) Act 1981 100
Evidence Act 1995 101
Excise Tariff Act 1921 101
Export Control Act 1982 101
Export Finance and Insurance Corporation Act 1991 101
Export Market Development Grants Act 1997 102
Fair Work (Registered Organisations) Act 2009 103
Family Law Act 1975 103
Federal Court of Australia Act 1976 104
Federal Financial Relations Act 2009 104
Federal Magistrates Act 1999 104
Financial Management and Accountability Act 1997 105
Fisheries Administration Act 1991 105
Fisheries Management Act 1991 106
Food Standards Australia New Zealand Act 1991 107
Foreign Proceedings (Excess of Jurisdiction) Act 1984 108
Freedom of Information Act 1982 108
Fringe Benefits Tax (Application to the Commonwealth) Act 1986 108
Fringe Benefits Tax Assessment Act 1986 109
Future Fund Act 2006 109
Gene Technology Act 2000 110
Governance of Australian Government Superannuation Schemes Act 2011 110
Governor-General Act 1974 110
Great Barrier Reef Marine Park Act 1975 111
Health and Other Services (Compensation) Act 1995 112
Health Insurance Act 1973 112
Health Workforce Australia Act 2009 113
Hearing Services Administration Act 1997 113
Historic Shipwrecks Act 1976 113
Income Tax Assessment Act 1936 114
Income Tax Assessment Act 1997 114
Independent Contractors Act 2006 115
Independent National Security Legislation Monitor Act 2010 115
Industrial Chemicals (Notification and Assessment) Act 1989 115
Industry Research and Development Act 1986 116
Infrastructure Australia Act 2008 116
Inspector-General of Intelligence and Security Act 1986 117
Inspector-General of Taxation Act 2003 118
Inspector of Transport Security Act 2006 118
Insurance Act 1973 118
Intelligence Services Act 2001 119
Interactive Gambling Act 2001 119
International Air Services Commission Act 1992 119
Interstate Road Transport Charge Act 1985 120
Judges’ Pensions Act 1968 120
Judiciary Act 1903 120
Law Enforcement Integrity Commissioner Act 2006 120
Law Officers Act 1964 121
Life Insurance Act 1995 121
Liquid Fuel Emergency Act 1984 121
Maritime Transport and Offshore Facilities Security Act 2003 122
Medical Indemnity Act 2002 122
Migration Act 1958 122
Military Rehabilitation and Compensation Act 2004 123
Motor Vehicle Standards Act 1989 123
National Blood Authority Act 2003 124
National Consumer Credit Protection Act 2009 124
National Film and Sound Archive Act 2008 125
National Gallery Act 1975 126
National Greenhouse and Energy Reporting Act 2007 126
National Health Act 1953 126
National Health and Medical Research Council Act 1992 127
National Health Security Act 2007 128
National Library Act 1960 128
National Measurement Act 1960 129
National Museum of Australia Act 1980 129
National Transport Commission Act 2003 130
National Vocational Education and Training Regulator Act 2011 130
National Water Commission Act 2004 130
Nation-building Funds Act 2008 131
Native Title Act 1993 133
Navigation Act 1912 133
Northern Territory Acceptance Act 1910 134
Nuclear Non-Proliferation (Safeguards) Act 1987 134
Offshore Minerals Act 1994 134
Offshore Petroleum and Greenhouse Gas Storage Act 2006 135
Olympic Insignia Protection Act 1987 136
Ombudsman Act 1976 136
Paid Parental Leave Act 2010 137
Parliamentary Contributory Superannuation Act 1948 137
Parliamentary Counsel Act 1970 137
Patents Act 1990 137
Payment Systems and Netting Act 1998 138
Petroleum Resource Rent Tax Assessment Act 1987 138
Port Statistics Act 1977 138
Primary Industries and Energy Research and Development Act 1989 138
Primary Industries (Excise) Levies Act 1999 139
Privacy Act 1988 139
Private Health Insurance Act 2007 140
Productivity Commission Act 1998 141
Protection of Movable Cultural Heritage Act 1986 141
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 141
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 141
Protection of the Sea (Powers of Intervention) Act 1981 142
Public Lending Right Act 1985 142
Public Service Act 1999 143
Qantas Sale Act 1992 144
Quarantine Act 1908 144
Racial Discrimination Act 1975 144
Radiocommunications Act 1992 145
Referendum (Machinery Provisions) Act 1984 145
Registration of Deaths Abroad Act 1984 145
Remuneration Tribunal Act 1973 146
Renewable Energy (Electricity) Act 2000 146
Reserve Bank Act 1959 147
Retirement Savings Accounts Act 1997 147
Rural Adjustment Act 1992 147
Safety, Rehabilitation and Compensation Act 1988 148
Safe Work Australia Act 2008 149
Science and Industry Research Act 1949 150
Screen Australia Act 2008 150
Seafarers Rehabilitation and Compensation Act 1992 151
Sex Discrimination Act 1984 152
Shipping Registration Act 1981 152
Skills Australia Act 2008 153
Small Superannuation Accounts Act 1995 153
Snowy Hydro Corporatisation Act 1997 153
Social Security Act 1991 154
Social Security (Administration) Act 1999 154
Spam Act 2003 154
Special Broadcasting Service Act 1991 155
Special Prosecutors Act 1982 155
Student Assistance Act 1973 156
Submarine Cables and Pipelines Protection Act 1963 156
Superannuation Act 1976 156
Superannuation Act 1990 157
Superannuation Act 2005 157
Superannuation (Government Co-contribution for Low Income Earners) Act 2003 157
Superannuation Guarantee (Administration) Act 1992 158
Superannuation Industry (Supervision) Act 1993 158
Superannuation (Resolution of Complaints) Act 1993 158
Surveillance Devices Act 2004 159
Sydney Harbour Federation Trust Act 2001 159
Tax Agent Services Act 2009 160
Taxation Administration Act 1953 160
Tax Laws Amendment (2009 Measures No. 6) Act 2010 160
Telecommunications Act 1997 160
Telecommunications (Consumer Protection and Service Standards) Act 1999 163
Telecommunications (Interception and Access) Act 1979 163
Telecommunications (Numbering Charges) Act 1997 163
Terrorism Insurance Act 2003 163
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 164
Therapeutic Goods Act 1989 164
Tourism Australia Act 2004 165
Trade Marks Act 1995 166
Transport Safety Investigation Act 2003 166
Veterans’ Entitlements Act 1986 166
War Graves Act 1980 167
Water Act 2007 167
Wheat Export Marketing Act 2008 168
Wine Australia Corporation Act 1980 169
Schedule 3—Application, saving and transitional provisions 170
A Bill for an Act to amend the Acts Interpretation Act 1901 , and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Acts Interpretation Amendment Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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3. Schedule 2, items 1 to 652 |
At the same time as the provision(s) covered by table item 2. |
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4. Schedule 2, items 653 and 654 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 36 of the Governance of Australian Government Superannuation Schemes Act 2011 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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5. Schedule 2, items 655 to 835 |
At the same time as the provision(s) covered by table item 2. |
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6. Schedule 2, item 836 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the National Vocational Education and Training Regulator Act 2011 . |
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7. Schedule 2, items 837 to 1074 |
At the same time as the provision(s) covered by table item 2. |
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8. Schedule 2, items 1075 to 1083 |
At the same time as the provision(s) covered by table item 2. However, if item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. |
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9. Schedule 2, item 1084 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 222 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
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10. Schedule 2, items 1085 and 1086 |
At the same time as the provision(s) covered by table item 2. However, if item 234 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all. |
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11. Schedule 2, items 1087 to 1198 |
At the same time as the provision(s) covered by table item 2. |
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12. Schedule 3 |
At the same time as the provision(s) covered by table item 2. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.