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Statute Law Revision Bill 2010

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2008-2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

STATUTE LAW REVISION BILL 2009

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

(Circulated by authority of the Hon

 Robert McClelland MP, Attorney-General)

 

 



STATUTE LAW REVISION BILL 2009

General Outline

1                     The main purpose of this Bill is to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes.

2                     The Bill also contains amendments to remove gender-specific language, to modernise language and to make other technical amendments in certain legislation.

3                     The Bill also repeals a number of Acts that are obsolete.

4                     The Bill also amends Commonwealth Acts to ensure consistency of language. The Commonwealth Electoral Act 1918 is being amended to ensure consistent use of the expression “ballot paper”. A large number of Commonwealth Acts are amended to ensure consistency of language used to describe the internet and internet-related technology.

5                     The corrections and repeals are desirable in order to improve the quality of the text of Commonwealth legislation and, in particular, to facilitate the publication of consolidated versions of Acts by the Attorney-General’s Department and by private publishers of legislation.

6                     None of the corrections make any change to the substance of the law.

Financial Impact

7                     The Bill will have no financial impact.



Notes on clauses

Clause 1—Short title

8                     Clause 1 provides for the Act to be cited as the Statute Law Revision Act 2009 .

Clause 2—Commencement

9                     Clause 2 provides for the commencement of the Act.

10                 Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause 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.

11                 The note at the end of the table explains that the table relates only to the provisions of the Act as originally passed by both Houses of the Parliament and assented to. The table will not be expanded to deal with provisions inserted in the Act after assent.

12                 Subclause 2(2) provides that column 3 of the table contains additional information that is not part of the Act. It also clarifies that information in column 3 may be added or edited in any published version of the Act.

13                 The items in Schedule 1 to the Bill amend errors in principal Acts. All items in the Schedule (other than item 27) commence on the day this Act receives the Royal Assent. This is because the “slip rule” will have been applied to each error since the enactment of the erroneous provision. This means that the text of the law will have been taken to have been correct, despite the error.

14                 Current Commonwealth drafting practice is to avoid retrospective commencement where practicable. Given the application of the slip rule, it is appropriate for these amendments to commence on Royal Assent. The amendments ensure that the text of the law accords with how it would be interpreted.

15                 Other amendments relate to errors in numbering, grammatical errors or changes in drafting style, and it is appropriate that these amendments commence on the day this Act receives the Royal Assent because they do not change the substantive content of the law.

16                 Item 27 is an amendment consequential on the enactment of the Fair Work Act 2009 . It commences retrospectively. The item makes directly (in a corrected form) a misdescribed amendment that is repealed by item 6 of Schedule 2.

17                 The items in Schedule 2 to the Bill relate to misdescribed or redundant amendments or errors contained in amending Acts. The commencement of those items is tied to the time specified in the amending Act for the commencement of the misdescribed or redundant amendment. Some of these amendments repeal misdescribed amendments that have become redundant. These amendments commence on the day this Act receives the Royal Assent.

18                 Schedule 3 repeals obsolete Acts and makes a consequential amendment to a provision of another Act that refers to a repealed Act. The Schedule is to commence on the day this Act receives the Royal Assent.

19                 Schedule 4 amends the Commonwealth Electoral Act 1918 to change occurrences of the expression “ballot-paper” and “ballot-papers” to “ballot paper” and “ballot papers” respectively. Part 1 of the Schedule is to commence on the day the Act receives the Royal Assent. Parts 2 and 3 commence on the same day, immediately after Part 1. This is to ensure that the specific amendments in Part 1 have commenced before the amendments in Parts 2 and 3 commence, thereby preventing any overlap between various amendments.

20                 Schedule 5 amends a number of Acts to amend the language used to refer to websites to ensure consistency. It also amends a number of Acts to change capitalised occurrences of the term “Internet” to the non-capitalised “internet”. Part 1 of the Schedule will generally commence on the day this Act receives the Royal Assent. The items in Part 1 that do not commence on the day this Act receives the Royal Assent have commencements that are tied to commencements of provisions of other Acts. Parts 2 and 3 will commence on the same day, immediately after those items in Part 1 that commence on the day this Act receives the Royal Assent. This is to ensure that the specific amendments in Part 1 have commenced before the amendments in Parts 2 and 3 commence, thereby preventing any overlap between various amendments.

Clause 3—Schedule(s)

21                 Clause 3 provides that each Act specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.



 

Schedule 1—Amendment of principal Acts

22                 The items in this Schedule amend errors contained in principal Acts.

Item 1

23                 Subparagraph (d)(ii) of the definition of exploration licence in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 contains a typographical error. This item corrects that subparagraph so that it reads “if subparagraph (i) does not apply”, rather than “if subparagraph (paragraph (i) does not apply”.

Item 2

24                 This item is consequential on item 6.

Items 3 and 4

25                 Note 2 at the end of subsection 15(2) of the AusCheck Act 2007 refers readers to subsection 13(3) of the Legislative Instruments Act 2003 ,which deals with prescription of matters by class. However, subsection 15(2) does not allow any matters to be prescribed, so the note is redundant. Item 4 repeals the note and item 3 is an amendment consequential on item 4.

Item 5

26                 Section 11 of the Banking Act 1959 contains 2 subsections (5). This item renumbers the subsection (5) that was added to section 11 by item 3 of Schedule 4 to the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 as subsection (7).

Heading to section 97 of the Broadcasting Services Act 1992

27                 The Competition Policy Reform Act 1995 established the Australian Competition and Consumer Commission, which replaced the Trade Practices Commission. A consequential amendment was required to the heading to section 97 of the Broadcasting Services Act 1992 to reflect this change, however the consequential change was not made. The note appearing after item 5 corrects the heading.

Item 6

28                 Section 3 of the Civil Aviation Act 1988 is not divided into subsections. This amendment removes the redundant subsection number (1).

Item 7

29                 Item 22 of Schedule 2 to the Classification (Publications, Films and Computer Games) Amendment Act 2007 inserted subsection 91(1A) into the Classification (Publications, Films and Computer Games) Act 1995 . The last line of the subsection was incorrectly indented so that it applied to the whole subsection. It was only intended to apply to paragraph (c) of that subsection. This amendment corrects that indentation.

Item 8

30                 Paragraph (c) of the cell in the column headed “Circumstances in which information is to be given” of table item 13 in subsection 90B(1) of the Commonwealth Electoral Act 1918 refers to the Senator not being entitled to a copy of a list under item 11 of that table. However, it is a member of the House of Representatives who is to be given information under table item 13. This item amends the reference so that it refers to “the member” rather than “the Senator”.

Item 9

31                 Section 171 of the Commonwealth Electoral Act 1918 refers to a declaration referred to in subparagraph 170(a)(ii). However, it is paragraph (1)(b) that mentions a declaration. This item amends section 171 so that it refers to paragraph 170(1)(b) rather than subparagraph 170(a)(ii).

Item 10

32                 Subsection 265(2) of the Commonwealth Electoral Act 1918 incorrectly refers to the “opinion of the assistant Returning Officer”. As the provision for the appointment of Assistant Returning Officers (section 33) uses initial capital letters for the title, and all other occurrences in the Act also do so, this item amends that subsection so that it refers to the “Assistant Returning Officer”.

Item 11

33                 Subsections (2) and (3) of section 314AA of the Commonwealth Electoral Act 1918 were repealed by the Commonwealth Electoral Amendment Act 1995 , leaving only the text of subsection (1). This amendment removes the redundant subsection number (1).

Item 12

34                 Subsection 314AA(1) of the Commonwealth Electoral Act 1918 contains 2 occurrences of the word “or”. This item omits the second of those occurrences.

Item 13

35                 Subsection 318(2) of the Commonwealth Electoral Act 1918 refers to the Electoral Commissioner having been informed under paragraph (3)(c). That paragraph relates to only one aspect of a written notice that is given under subsection (3). This item corrects that cross-reference to refer to subsection (3), instead of paragraph (3)(c).

Item 14

36                 Subsection 390A(1) of the Commonwealth Electoral Act 1918 refers to a warrant issued under section 10 of the Crimes Act 1914 . Section 10 of the Crimes Act 1914 was repealed in 1994. Subsection 390A(1) should refer to section 3E of the Crimes Act 1914 . This item corrects the incorrect cross-reference.

Item 15

37                 Section 480.4 of the Criminal Code creates an offence for dishonestly obtaining or dealing in personal financial information. Section 480.6 of the Criminal Code is intended to create an offence for importing a thing into Australia with the intention that the thing be used in committing the offence of dishonestly obtaining or dealing in personal financial information under section 480.4, however paragraph 480.6(b) incorrectly refers to section 480.3 (which deals with the constitutional application of Part 10.8 of the Criminal Code and does not create any offence). This item corrects the cross-reference.

Item 16

38                 Paragraph 11(1)(b) of the Customs Act 1901 refers to the performance of functions under “that Subdivision”. No particular Subdivision is referred to in that paragraph. On its face, the reference will be a reference to the Subdivision of that Act mentioned in the preceding paragraph, that is, Subdivision DA of Division 1 of Part XII. No functions are conferred on magistrates under that Subdivision. The cross-reference is instead intended to be a cross-reference to Subdivision C of Division 1B of Part XII of that Act. This item corrects the cross-reference.

Item 17

39                 Subsection 64AE(1) of the Customs Act 1901 contains a cross-reference to section 64AC of that Act. Section 64AC was repealed by item 5 of Schedule 6 to the Border Security Legislation Amendment Act 2002 . This item amends subsection 64AE(1) to remove the redundant cross-reference.

Item 18

40                 Heading 3202 in Schedule 3 of the Customs Tariff Act 1995 contains a reference to “TANNING PREPARAT1ONS”. In the word “PREPARATIONS”, the letter “I” is represented by the Arabic numeral “1”. This item corrects that typographical error.

Item 19

41                 Section 59 of the Defence Force Discipline Act 1982 makes it an offence to sell, deal, traffic or possess a prohibited drug. Under subsection 59(9) of the of that Act, a prohibited drug includes an anabolic steroid within the meaning of Part 5 of the Poisons and Drugs Act 1978 of the Australian Capital Territory.

42                 The Poisons and Drugs Act 1978 of the Australian Capital Territory was repealed by the Medicines, Poisons and Therapeutic Goods Act 2008 of the Australian Capital Territory, and the provisions relating to anabolic steroids were included in the Crimes Act 1900 of the Australian Capital Territory, making the cross reference in the Defence Force Discipline Act 1982 incapable of operating. This item corrects the cross reference.

Item 20

43                 This item corrects an incorrect cross-reference that resulted from the renumbering of section 129 of the Defence Force Discipline Act 1982 as section 129D by item 73 of Schedule 1 to the Military Justice (Interim Measures) Act (No. 1) 2009 .

Item 21

44                 The Military Justice (Interim Measures) Act (No. 1) 2009 reinstated the provisions of the Defence Force Discipline Act 1982 largely as they existed before the enactment of the Defence Legislation Amendment Act 2006 . This item reinstates a reference to section 160 of the Defence Force Discipline Act 1982 that appeared before the enactment of the 2006 amending Act to ensure the correct operation of the reinstated provisions.

Item 22

45                 Section 146EA of the Defence Force Discipline Act 1982 was inserted by the Military Justice (Interim Measures) Act (No. 1) 2009 with an incorrect number. In order for the new section to appear in the correct numbering sequence, it should have been numbered as section 148EA. This item corrects the numbering error.

Item 23

46                 The Military Justice (Interim Measures) Act (No. 1) 2009 reinstated the provisions of the Defence Force Discipline Act 1982 largely as they existed before the enactment of the Defence Legislation Amendment Act 2006 , but left in place certain provisions (including section 111B), relating to elections, that were inserted by a later amending Act. This item inserts a reference to section 111B to ensure the correct operation of the reinstated provisions.

Item 24

47                 Section 188GB of the Defence Force Discipline Act 1982 refers to “the a court martial”. This item corrects that typographical error.

Item 25

48                 Paragraph 258(3)(d) of the Environment Protection and Biodiversity Conservation Act 1999 applies where the “specified action... are conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed marine species concerned”. This item corrects that grammatical error.

Item 26

49                 Item 63 of Schedule 1 to the Evidence Amendment Act 2008 repealed section 128 of the Evidence Act 1995 and substituted a new section 128. Subsection 128(8) was re-enacted in the same terms as subsection 128(10). As a result, the cross-reference to subsection 128(8) in subsection 189(6) of the Evidence Act 1995 is incorrect. This item corrects the cross-reference so that it refers to subsection 128(10), rather than subsection 128(8).

Item 27

50                 Item 244 of Schedule 22 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the misdescribed amendment ) purported to amend subclause 4(1) of Schedule 10 to the Workplace Relations Act 1996 . However, the text omitted from subclause 4(1) did not exactly match the text in that subclause and the misdescribed amendment could not be made. This item remakes the amendment in a corrected form. Item 6 of Schedule 2 to this Act repeals the misdescribed amendment.

Item 28

51                 This item amends paragraph 12G(2)(a) of the Family Law Act 1975 to insert a missing semicolon after the word “information”.

Item 29

52                 This item amends paragraph 3(2)(b) of the First Home Saver Accounts Act 2008 to insert a missing closing parenthesis after “(3)”.

Items 30 and 31

53                 Several provisions of the Foreign States Immunities Act 1985 (subsections 24(1), 28(1) and (2) and 40(1) and (2), and the Schedule, Forms 1 and 2) refer to the “Department of Foreign Affairs” and the “Minister for Foreign Affairs”. The Department has changed its title since those provisions were enacted, and the actual title of the Minister may change in the future. These items will insert definitions to ensure that the relevant Department or Minister is readily identifiable at any particular time, whilst not being reliant on the actual title of the Department or Minister.

Item 32

54                 The words “of the patient concerned” at the end of the definition of excessive diagnostic imaging service in subsection 3(1) of the Health Insurance Act 1973 have been indented incorrectly. These words are only intended to relate to paragraph (b) of that definition. The indenting used for the words indicates, however, that the words relate to the entire definition. This item corrects that indenting.

Item 33

55                 The First Home Saver Accounts (Consequential Amendments) Act 2008 made amendments to change the concept “complying superannuation class of taxable income” to “complying superannuation/FHSA class of taxable income” in the Income Tax Assessment Act 1997 . The formula in subsection 210-175(2) also required consequential amendment, however, this amendment was not made. This item makes that consequential amendment.

Item 34

56                 Item 34 makes a consequential amendment to subsection 47(1) of the Industry Research and Development Act 1986 to remove a cross-reference to the Industrial Research and Development Incentives Act 1976 , which is being repealed by item 2 of Schedule 3 to this Act.

Item 35

57                 Item 7 of the Schedule to the Income Tax (International Agreements) Amendment Act 1995 inserted definitions of the 1960 New Zealand agreement and the 1972 New Zealand agreement after the definition of the Netherlands agreement in subsection 3(1) of the International Tax Agreements Act 1953 (which was then known as the Income Tax (International Agreements) Act 1953 ). This location was incorrect. This item relocates the definitions of the 1960 New Zealand agreement and the 1972 New Zealand agreement in subsection 3(1) of the International Tax Agreements Act 1953 so that they appear in the correct alphabetical location in the list of definitions in the subsection.

Items 36 and 37

58                 Subsections 267B(2) and 267Q(2) of the Navigation Act 1912 apply to the carrying out of surveys by a survey authority. The subsections refer to “the authority”. Authority (with an upper case “A”) is defined by subsection 6(1) of the Act to mean the Australian Maritime Safety Authority. These items amend references in subsections 267B(2) and 267Q(2) from “the authority” to “the survey authority” to avoid confusion with the defined term.

Item 38

59                 Item 19 of Schedule 1 to the Offshore Petroleum Amendment (Miscellaneous Measures) Act 2008 omitted and substituted text in (what was then) subsection 142(6) of the Offshore Petroleum Act 2006 (now the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ). The text to be inserted included an additional “the” so that the subsection read “the the application”. The Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 provided for the renumbering of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Subsection 142(6) became subsection 168(6), however the duplicated “the” remained. This item corrects the duplication.

Item 39

60                 Subparagraph 24(2)(a)(i) of the Patents Act 1990 applies to information given to “the Commonwealth or a State or Territory, or an authority of the Commonwealth o f a State or Territory”. This item corrects that error.

Item 40

61                 Schedule 1 to the Plant Breeder’s Rights Act 1994 sets out the International Convention for the Protection of New Varieties of Plants. Subparagraph (1)(a)(ii) of Article 14 of that Convention reads “conditioning for the purpose of propagation”. The text as set out in Schedule 1 does not accord with the text of the actual agreement. This item corrects that error.

Item 41

62                 A comma was included at the end of the text being inserted into paragraph 31(1)(a) of the Radiocommunications Act 1992 by item 148 of Schedule 1 to the Broadcasting Legislation Amendment (Digital Radio) Act 2007 , which resulted in double punctuation. This item removes the double punctuation.

Items 42 to 44

63                 Subsections 107(2), 108(4) and 109(2) of the Radiocommunications Act 1992 refer to paragraph 111(a) of that Act. However, section 111 contains more than 1 subsection that contains paragraphs. The cross-references should be to paragraph 111(1)(a). These items correct the cross-references.

Item 45

64                 The definition of liquid assets in subsection 549C(2) of the Social Security Act 1991 refers to “the day referred to in subparagraph 549A(4)(a)(i) or (ii)”. However, it is subparagraph 549A(1)(a)(i) or (ii) of that Act which mentions the relevant days. This item amends the definition of liquid assets in subsection 549C(2) to correct the cross-reference.

Item 46

65                 The note to subsection 595(3) of the Social Security Act 1991 refers to section 45 of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by item 1 of Schedule 4 to the Financial Framework Legislation Amendment Act (No. 1) 2006 . As a result, the note is redundant. This item removes that note.

Item 47

66                 This item removes from subsection 8W(1B) of the Taxation Administration Act 1953 cross-references to Parts of Chapter 2 of the Development Allowance Authority Act 1992 . That Chapter was repealed by item 47 of Schedule 2 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 .

Items 48 to 50

67                 These items amend provisions of the Telecommunications (Interception and Access) Act 1979 to add conjunctions at the end of a number of the paragraphs and subparagraphs of subsection 35(1) of that Act for consistency with current drafting practice.

Item 51

68                 Paragraph 35(1)(b) of the Telecommunications (Interception and Access) Act 1979 was repealed by item 15 of Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2008 . This item removes the cross-reference to that paragraph in subparagraph 35(1)(k)(ii) of the Telecommunications (Interception and Access) Act 1979 .

Item 52

69                 Paragraph 80(b) of the Telecommunications (Interception and Access) Act 1979 used to refer to paragraph 53(1)(b) of that Act. Section 53 of that Act was replaced by a new section 59A by item 27 of Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2008 . The latter Act also amended the cross-reference to section 53 in paragraph 80(b), so that it refers to new subsections 59A(2) and (3). Parliament did not enact proposed subsection 59A(3), however. This item fixes the cross-reference in paragraph 80(b) accordingly.

Items 53 to 252

70                 It has been Commonwealth practice since the early 1980s for legislation to be drafted to avoid the use of gender-specific language. Exclusive references to one or another gender are not permitted, except in the case of legislation intended to apply to people of one sex but not the other (for example, maternity leave legislation).

71                 While paragraph 23(a) of the Acts Interpretation Act 1901 provides that words importing a gender include every other gender, existing statutory provisions that use gender-specific language have been progressively amended so as to replace such language with gender-neutral language. The use of gender-neutral language in Acts is intended to make them more inclusive.

72                 Items 53 to 252 amend the Tradesmen’s Rights Regulation Act 1946 to replace gender-specific language with gender-neutral language.

73                 These items also make minor changes to spelling and expression to ensure the provisions accord with current drafting style. These changes are as follows:

(a)                 change of expression to avoid the use of “shall” in accordance with current drafting practice;

(b)                expression of dates in Arabic numerals, rather than words;

(c)                 spelling “authorize” (and its other grammatical forms) with an “s”, instead of a “z”;

(d)                spelling “recognize” (and its other grammatical forms) with an “s”, instead of a “z”;

(e)                 including conjunctions at the end of each paragraph in a list.

74                 Where possible, paragraphs have been re-lettered so that they appear in regular alphabetical sequence. Items 156, 196 and 209 update existing cross-references in the Act that refer to paragraphs that have been re-lettered by items in this Schedule. Item 229 makes an amendment consequential on the enactment of the Fair Work Act 2009 .

75                 In addition, the Act is amended to remove references to section 43, which was repealed by Schedule 1 to the Statute Law Revision Act 1973 .

76                 Item 252 is a transitional provision included to ensure that the amendments made by this Act do not affect the validity or effectiveness of a certificate that was granted under the Tradesmen’s Rights Regulation Act 1946 before the commencement of the amendments.

Item 253

77                 The definitions of type A funeral investment and type B funeral investment in the Veterans’ Entitlements Act 1986 were repealed by items 12 and 13 of Schedule 4 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 . This item removes them from the index of definitions in the Veterans’ Entitlements Act 1986 .

Items 254 and 255

78                 Subsection 118NH(2A) of the Veterans’ Entitlements Act 1986 was inserted by item 70 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (2007 Measures No. 1) Act 2007 . This item commenced on 22 June 2007. An additional subsection 118NH(2A) was inserted into section 118NH by item 88 of Schedule 1 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 , which commenced on 1 January 2008. These items correct the duplication by renumbering the earlier-inserted occurrence of subsection (2A) as subsection (2B) and amending the cross-reference to the renumbered subsection in subsection 118NH(3).

Items 256 and 257

79                 These items omit the conjunction “and” from the end of subparagraphs 21(4)(c)(viii) and (ix) of the Water Act 2007 , as the conjunction is redundant.

Item 258

80                 Paragraph 26(4)(b) of the Water Act 2007 contains a typographical error. This item corrects that paragraph so that it reads “transfer of”, rather than “transfer or”.

Item 259

81                 Section 18 of the Water Act 2007 was repealed by the Water Amendment Act 2008 . The section was replaced by a new section 250E, which is in the same terms as the repealed section 18. Subsection 38(1) still refers to the repealed section 18. This item corrects the cross-reference.

Item 260

82                 Section 15 of the Water Act 2007 was repealed by the Water Amendment Act 2008 . The section was replaced by a new section 250B, which is in the same terms as the repealed section 15. Section 40 still refers to the repealed section 15. This item corrects the cross-reference.

Item 261

83                 Subsections 51(10) and 51(5) of the Water Act 2007 have the same effect. This item repeals subsection 51(10) because it is redundant.

Item 262

84                 Section 18 of the Water Act 2007 was repealed by the Water Amendment Act 2008 . The section was replaced by a new section 250E, which is in the same terms as the repealed section 18. Subsection 62(1) still refers to the repealed section 18. This item corrects the cross-reference.

Item 263

85                 Subsection 68(10) of the Water Act 2007 incorrectly refers to a “water resource plan area located in different Basin State”. This item corrects the error by including the omitted indefinite article before “different”.

Item 264

86                 Paragraph 81(1)(b) of the Water Act 2007 incorrectly refers to “those water resources (or for a part of those water s resources)”. This item corrects this typographical error.

Heading to section 184 of the Water Act 2007

87                 Section 184 of the Water Act 2007 requires the Chief Executive of the Murray-Darling Basin Authority to keep the Minister informed about various matters. The heading to section 184 misdescribes the effect of the section by mistakenly referring to the Chair of the Authority, rather than the Chief Executive. Note 2 appearing after item 264 corrects the heading.

Item 265

88                 The Water Act 2007 contains 2 sections 255A. This item renumbers the section 255A that was inserted by item 161A of Schedule 2 to the Water Amendment Act 2008 as section 255AA.



 

Schedule 2—Amendment of amending Acts

89                 The items in this Schedule relate to misdescribed or redundant amendments, or errors contained in amending Acts.

Item 1

90                 Item 22 of Schedule 2 to the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 purports to amend step 4 of method statement 2 in subpoint SCH6-A1(3) of the Veterans’ Entitlements Act 1986 . However, the text after which the new text was to be inserted did not exactly match the text in the existing provision. This item corrects that misdescription.

Items 2 and 3

91                 Item 114 of Schedule 2 to the Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 omits and substitutes words from paragraphs 86(3B)(c) and 87(4D)(c) of the Family Law Act 1975. The text to be omitted from paragraph 87(4D)(c) did not exactly match the text in that paragraph. This item corrects that misdescription by removing the reference to paragraph 87(4D)(c), which is amended by item 3 accordingly.

Item 4

92                 Item 9 of Schedule 2 to the Education Legislation Amendment Act 2008 omits and substitutes words from subparagraphs 11D(1)(c)(i) and (ii) of the Indigenous Education (Targeted Assistance) Act 2000 . The text to be omitted did not exactly match the text in the subparagraphs. This item corrects that misdescription.

Item 5

93                 Items 54 and 55 of Schedule 1 to the Export Market Development Grants Amendment Act 2008 omit certain terms from the list of terms defined in Part 9 of the Export Market Development Grants Act 1997 . The terms to be omitted were incorrectly identified. This item corrects that error.

Item 6

94                 Item 244 of Schedule 22 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the misdescribed amendment ) purports to amend subclause 4(1) of Schedule 10 to the Workplace Relations Act 1996 . However, the text to be omitted from subclause 4(1) did not exactly match the text in that subclause and the amendment could not be made. This item repeals the misdescribed amendment. The consequential amendment is remade directly (in a corrected form) by item 27 of Schedule 1 to this Act.

Item 7

95                 Item 34 of Schedule 3 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 purports to omit text from section 98W of the Child Support (Assessment) Act 1989 . The text to be omitted did not exactly match the text of section 98W . This item corrects that misdescription.

Item 8

96                 A note to item 37 of Schedule 3 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 purports to alter the text of the heading to section 106A of the Child Support (Assessment) Act 1989 . The text to be replaced by the amendment was not correctly described. This item corrects that misdescription.

Item 9

97                 Item 56 of Schedule 8 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 omits and substitutes words in paragraph 1067L-F7(b) of the Social Security Act 1991. The words to be omitted did not exactly match the text in the existing paragraph. This item corrects that misdescription.

Item 10

98                 Item 29 of Schedule 1 to the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 inserts a new paragraph (za) after paragraph (z) of the definition of reviewable decision in subsection 236(1) of the Life Insurance Act 1995 . Paragraph (z) of that definition was repealed by item 228 of Schedule 1 to the Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007 . This item corrects the item heading, so that the new paragraph is inserted after paragraph (w) of that definition.

Item 11

99                 Item 47 of Schedule 1 to the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 purports to amend subsection 113(1) of the Superannuation Industry (Supervision) Act 1993 . Section 113 of the Superannuation Industry (Supervision) Act 1993 had already been repealed by item 9 of Schedule 3 to the Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007 . Therefore, the amending item is redundant. This item repeals the redundant amending item.

Item 12

100             Item 26 of Schedule 3 to the First Home Saver Accounts (Consequential Amendments) Act 2008 amends the definition of reviewable decision in subsection 236(1) of the Life Insurance Act 1995 by omitting and substituting words. However, the item is inoperative because the words to be omitted had already been omitted by item 28 of Schedule 4 to the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 . This item corrects that misdescription.

Item 13

101             Schedule 4 to the First Home Saver Accounts (Further Provisions) Amendment Act 2008 commences on the later of 2 dates. The second date is stated to be the commencement of Schedule 1 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 . That Act was amended by parliamentary amendment, so that Schedule 1 did not have a single commencement date. This item corrects the reference to the commencement provision in the First Home Saver Accounts (Further Provisions) Amendment Act 2008 so that it is clear what the second date is intended to be.

Item 14

102             Items 42 and 45 of Schedule 2 to the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 purports to insert text after the word “plus” in steps in the method statements in points 1067G-A1 and 1068-A1 of the Social Security Act 1991 . However, the word “plus” does not appear in the steps, but rather in the words at the foot of the method statements. The provisions have been amended since the enactment of this amending Act and there is no amendment that could be made to the amending items to make them operative. This item repeals the amending items.

Items 15 and 16

103             Item 31 of Schedule 4 to the Native Title Amendment (Technical Amendments) Act 2007 omits and substitutes words from subsections 251C(4) and (5) of the Native Title Act 1993 . The text to be omitted from subsection 251C(5) did not exactly match the text in that subsection. Item 15 corrects that misdescription by removing the reference to subsection 251C(5), which will be amended by item 16 accordingly.

Item 17

104             Item 17 of Schedule 1 to the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 purport to repeal and substitute subsections 9(3) and (4) of the Social Security Act 1991 . However, item 14 of Part 7 of the Schedule to the Social Security (Non-Budget Measures) Legislation Amendment Act 1995 had already repealed the subsections. Therefore item 17 is redundant. This item repeals the redundant item.

Item 18

105             Item 4 of Schedule 8 to the Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998 omits and substitutes words in paragraph 1231A(2)(b) of the Social Security Act 1991 . Subsection 1231A(2) is not divided into paragraphs. However, item 6 of the same Schedule correctly amends subsection 1231A(2). Item 4 is therefore redundant. This item repeals the redundant item.

Item 19

106             Item 69 of Schedule 3 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 omits text that did not appear in paragraph 1(2)(a) of Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006 . The text should have been omitted from that paragraph of Schedule 4 to that Act. This item corrects that misdescription.

Item 20

107             The heading to item 70 of Schedule 3 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 incorrectly refers to Schedule 4 to the Social Security Legislation Amendment (One-off Payments for Carers) Act 2005 . This item amends the item heading so that it correctly refers to Schedule 2 to the latter Act.

Item 21

108             Item 221 of Schedule 1 to the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 purports to repeal and substitute an entry in column 4 of table item 49B in section 1190 of the Social Security Act 1991 . The item is misdescribed and could not be incorporated in the text as it appeared at consolidation. There was no entry referring to “Parenting Allowance Rate Calculator”. There is no amendment that could be made to the amending item to make it operative. This item repeals the amending item.

Item 22

109             Item 22 of Schedule 7 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 purports to omit words from column 4 of table item 49B of section 1190 of the Social Security Act 1991 . The text to be omitted did not exactly match the text of the table item. The provision has been amended since the enactment of this amending Act and there is no amendment that could be made to the amending item to make it operative. This item repeals the amending item.

Item 23

110             The heading to item 1 of Schedule 2 to the Tax Laws Amendment (2006 Measures No. 1) Act 2006 incorrectly refers to subsection 12-5(2) of the Income Tax Assessment Act 1997 . This item amends the item heading so that it correctly refers to section 12-5 of the latter Act.

Item 24

111             Items 37 and 38 of Schedule 4 to the Tax Laws Amendment (2006 Measures No. 4) Act 2006 purports to amend the table in section 112-87 of the Income Tax Assessment Act 1997 , however, the amendments were misdescribed and could therefore not be consolidated in that Act. The intended amendments were made effectively by items 91 and 92 of Schedule 3 to the Tax Laws Amendment (2008 Measures No. 4) Act 2008 . Therefore, the amending items in the Tax Laws Amendment (2006 Measures No. 4) Act 2006 are redundant. This item repeals those amending items.

Item 25

112             Item 217 of Schedule 1 to the Tax Laws Amendment (2007 Measures No. 4) Act 2007 purports to amend subsection 3A(2) of the Taxation (Interest on Overpayments and Early Payments) Act 1983 , however, the amendment was misdescribed and could therefore not be consolidated in that Act. The intended amendment was made effectively by item 186 of Schedule 3 to the Tax Laws Amendment (2008 Measures No. 4) Act 2008 . Therefore, the amending item in the Tax Laws Amendment (2007 Measures No. 4) Act 2007 is redundant. This item repeals the redundant amending item.

Item 26

113             Item 42 of Schedule 4 to the Tax Laws Amendment (2007 Measures No. 4) Act 2007 purports to amend sub-subparagraph 47A(18)(d)(i)(G) of the Income Tax Assessment Act 1936 , however, the amendment was misdescribed and could therefore not be consolidated in that Act. The intended amendment was made effectively by item 12 of Schedule 3 to the Tax Laws Amendment (2008 Measures No. 4) Act 2008 . Therefore, the amending item in the Tax Laws Amendment (2007 Measures No. 4) Act 2007 is redundant. This item repeals the redundant amending item.

Item 27

114             This item repeals items 88 to 90 of Schedule 12 to the Tax Laws Amendment (2007 Measures No. 5) Act 2007 , which amend the provisions of the Industrial Research and Development Incentives Act 1976 . The latter Act is being repealed by item 2 of Schedule 3 to this Act. Therefore, the amendments are redundant.

Item 28

115             Item 564 of Schedule 2 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 purports to amend paragraph (a) of the definition of rollover provision in subsection 326-220(4) in Schedule 2H to the Income Tax Assessment Act 1936 , however the amendment was misdescribed and could therefore not be consolidated in that Act. The intended amendment was made effectively by item 42 of Schedule 3 to the Tax Laws Amendment (2008 Measures No. 4) Act 2008 . Therefore, the amending item in the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 is redundant. This item repeals the redundant amending item.

Item 29

116             Item 592 of Schedule 2 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 purports to amend section 11-15 of the Income Tax Assessment Act 1997 , however the amendment was misdescribed. This item corrects that misdescription so that the item heading of item 592 correctly refers to the table item headed “foreign aspects of income taxation” rather than “foreign aspect of income taxation”.

Item 30

117             Item 52 of Schedule 3 to the Tax Laws Amendment (Small Business) Act 2007 purports to amend paragraph (b) of the definition of asset value in subsection 328-225(3) of the Income Tax Assessment Act 1997 . The text to be replaced by the amendment did not exactly match the text of the definition. This item corrects that misdescription.

Item 31

118             Item 55 of Schedule 3 to the Tax Laws Amendment (Small Business) Act 2007 purports to amend paragraph 328-225(4)(b) of the Income Tax Assessment Act 1997 . The text to be replaced by the amendment did not exactly match the text of the paragraph. This item corrects that misdescription.



 

Schedule 3—Repeal of obsolete Acts

119             The items in this Schedule repeal obsolete Acts and make consequential amendments to provisions of other Acts that refer to the repealed Acts.

Item 1

120             Item 1 repeals the Banking (Transitional Provisions) Act 1959 which deals with transitional issues relating to the enactment of the Reserve Bank Act 1959 , the Commonwealth Banks Act 1959 and the Banking Act 1959 . Due to the effluxion of time, the transitional provisions of the Act have no further operation. Therefore, the Act is obsolete.

Item 2

121             Item 2 repeals the Industrial Research and Development Incentives Act 1976 which provides grants to promote the development and improve the efficiency of Australian industry by encouraging industrial research and development in Australia in matters relating to science and technology. The program is no longer being administered and no further funding is being provided under the Act. Therefore, the Act is obsolete.

Item 3

122             Item 3 repeals the Interactive Gambling (Moratorium) Act 2000 , which regulated the provision of interactive gambling services. The key operative provision of the Act (section 10) ceased to have effect on 18 May 2001. Therefore, the Act is obsolete.

Item 4

123             Item 4 repeals the Papua New Guinea (Application of Laws) Act 1973 which provided that the Governor-General may make regulations providing that a law of Papua New Guinea ceases to have effect. The Papua New Guinea Independence Act 1975 has the same effect. Therefore, the Papua New Guinea (Application of Laws) Act 1973 is obsolete.

Item 5

124             Item 5 repeals the Year 2000 Information Disclosure Act 1999 which provides a framework to encourage voluntary disclosure and exchange of information about possible problems, and possible remedies for, computer problems associated with the commencement of the year 2000. Due to the effluxion of time and the fact that there is no longer any need to exchange information about this matter, the Act is obsolete.



 

Schedule 4—Amendment of references to “ballot-paper” and “ballot-papers”

125             The items in this Schedule amend references to the expressions “ballot-paper” and “ballot-papers” occurring throughout the Commonwealth Electoral Act 1918 . Due to the age of the Act, and the number of amendments that have been made to it, some inconsistency in use of the expressions has developed. Some occurrences are hyphenated, while others are not. The Macquarie Dictionary defines the term “ballot paper” without a hyphen.

126             Schedule 4 amends all hyphenated occurrences of the expressions to remove the hyphen. Part 1 amends specific occurrences of the expressions, whilst Part 2 amends all other references to “ballot-paper” and Part 3 amends all other references to “ballot-papers”.



 

Schedule 5—Amendments relating to use of the term “internet”

127             The items in this Schedule contain amendments relating to terms associated with the internet. As technology has developed, the language used to describe information technology concepts has become more consistent. The amendments in this Schedule aim to ensure consistent use of language when describing “websites” and other internet-related concepts.

Part 1

128             The items in this Part make specific amendments to many Commonwealth Acts as follows:

(a)                 replacement of references to “Internet site” or “Internet sites” with references to “website” or “websites”;

(b)                simplification of references to “on the Internet through that Department’s world-wide web site” to references to “through that Department’s website” (and similar occurrences);

(c)                 replacement of references to “web site” (expressed as 2 words), with references to “website” (expressed as one word).

129             Item 123 replaces a reference to “Internet Protocol” (with initial capital letters) with a reference to “internet protocol” (with initial lower case letters). This is to ensure consistency with amendments being made to other similar expressions, all of which will have initial lower case letters.

Part 2

130             This Part amends a large number of Acts to change the capitalisation of the word “internet”. In most occurrences on the statute book, the term is expressed as a proper noun. The use of the expression on the statute book has increased, reflecting the fact that more and more information is being made available electronically. The term appears uncapitalised in the Macquarie Dictionary. These amendments across the statute book ensure that use of the expression aligns with practical everyday usage to reflect usage of the term as a common noun with an initial lower case “i”.

Part 3

131             This Part exempts certain specific provisions from the amendments in Part 2. In these provisions, the word “internet” appears as the first word in a sentence or heading and it would be grammatically incorrect for the occurrence not to be capitalised.