Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Statute Law Revision Bill 2011

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

 

 

 

 

2010

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

STATUTE LAW REVISION BILL (No. 2) 2010

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the Attorney-General,

the Honourable Robert McClelland MP



STATUTE LAW REVISION BILL (No. 2) 2010

General Outline

1                     The main purposes of this Bill are to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes, and to remove references to specific Ministers and Departments so that when changes are made to the Administrative Arrangements Order, legislation does not need to be amended.

2                     Currently, when the names of Ministers or Departments change, or when responsibility for particular legislation is transferred between Ministers or Departments, the Governor-General makes substituted reference Orders under sections 19B and 19BA of the Acts Interpretation Act 1901 so that a reference to a specific Minister or Department in legislation can be read as though it is a reference to the correct Minister or Department. While this has the effect of legally transferring responsibility to the correct Minister or Department under the legislation, it means that users of Commonwealth legislation have to read the legislation in conjunction with these Orders.

3                     The amendments contained in this Bill will greatly reduce the need for reliance on section 19B and 19BA Orders, and the need for such Orders to be made in the future, as the amendments insert more generic references to Ministers and Departments in Commonwealth Acts. This will improve the clarity and useability of Commonwealth Acts.

4                     The Bill also contains amendments to modernise language, to ensure consistency of language, and to make other technical amendments in certain legislation.

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

6                     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.

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

Financial Impact

8                     The Bill will have no financial impact.



Notes on clauses

Clause 1—Short title

9                     Clause 1 provides for the Act to be cited as the Statute Law Revision Act (No. 2) 2010 .

Clause 2—Commencement

10                 Clause 2 provides for the commencement of the Act.

11                 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.

12                 The note at the end of the table explains that the table relates only to the provisions of the Act as originally enacted. The table will not be amended to deal with any later amendments of the Act.

13                 Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Act.

14                 The items in Schedule 1 to the Bill amend errors in principal Acts. All items in the Schedule 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.

15                 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.

16                 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.

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

18                 Schedule 3 to the Bill repeals obsolete Acts. The Schedule is to commence on the day this Act receives the Royal Assent.

19                 Schedule 4 to the Bill amends the Marriage Act 1961 to make minor changes to spelling in provisions of that Act to ensure the provisions accord with current drafting style. The changes are to spell words with an “s” instead of a “z” (for example, “authorise” instead of “authorize”). Items 1 to 24 of that Schedule commence on the day this Act receives the Royal Assent. Item 25 commences immediately after the commencement of items 1 to 24. This is to ensure that the specific amendments in items 1 to 24 have commenced before the amendments made by item 25 commence, thereby preventing any overlap between various amendments.

20                 Schedule 5 to the Bill amends a number of Acts to ensure that Commonwealth Ministers are consistently mentioned by reference to the administration of identified legislation rather than by name, and to ensure that a number of Acts reflect alterations made to them via orders made under subsection 19BA(1) of the Acts Interpretation Act 1901 . The Schedule is to commence 28 days after Royal Assent.

21                 Schedule 6 to the Bill amends a number of Acts to ensure that Departments of State are consistently mentioned by reference to the Minister administering identified legislation or a particular matter rather than by name, to ensure that “Parliamentary Department” is defined consistently for Acts with an ongoing operation and to update references to Parliamentary Departments that have been abolished or amalgamated. Items 1 to 4 commence on the later of the start of the 28th day after Royal Assent and immediately after the commencement of item 10 of Schedule 1 to the Airports Amendment Act 2010 . Items 5 to 60 commence 28 days after Royal Assent. Item 61 commences on the later of the start of the 28th day after Royal Assent and immediately after the commencement of item 46 of Schedule 9 to the National Security Legislation Amendment Act 2010 . Items 62 to 139 commence 28 days after Royal Assent.

22                 Schedule 7 to the Bill amends a number of Acts to replace references to the “Secretary to” a Department with references to the “Secretary of” a Department. Items 1 to 147 commence 28 days after Royal Assent. Item 148 commences on the later of the start of the 28th day after Royal Assent and immediately after the commencement of item 2 of Schedule 4 to the Financial Framework Legislation Amendment Act 2010 .

23                 Schedule 8 to the Bill amends a number of Acts to replace references to Departments administering Acts with terminology that makes it clear that Ministers, rather than Departments, administer Acts. The Schedule is to commence 28 days after Royal Assent.

Clause 3—Schedule(s)

24                 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

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

Item 1

26                 Subclause 28(2) of Schedule 4 to the Aboriginal and Torres Strait Islander Commission Act 1989 (which was later renamed the Aboriginal and Torres Strait Islander Act 2005 ) was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 , leaving only the text of subclause 28(1). This item removes the redundant subclause number (1).

Item 2

27                 Paragraph 2(f) of Schedule 3 to the Administrative Decisions (Judicial Review) Act 1977 refers to Part 2 of Schedule 1 to the Trade Practices Act 1974 . That Part was repealed by item 48 of Schedule 1 to the Statute Stocktake (Regulatory and Other Laws) Act 2009 , so the paragraph is redundant. This item repeals that paragraph.

Item 3

28                 Paragraph 29-1(1)(a) of the Aged Care Act 1997 refers to section 28-2 of that Act. Item 22 of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007 repealed section 28-2 and replaced it with a new section 27-5. Paragraph 29-1(1)(a) should refer to the new section. This item corrects the cross-reference.

Item 4

29                 Paragraph 63-1(1)(h) of the Aged Care Act 1997 refers to section 28-2 of that Act. Item 22 of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007 repealed section 28-2 and replaced it with a new section 27-5. Paragraph 63-1(1)(h) should refer to the new section. This item corrects the cross-reference.

Item 5

30                 Table item 30 in section 85-1 of the Aged Care Act 1997 refers to section 28-2 of that Act. Item 22 of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007 repealed section 28-2 and replaced it with a new section 27-5. Table item 30 should refer to the new section. This item corrects the cross-reference.

Item 6

31                 Subparagraph (c)(iii) of the definition of “income tax refund” in subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 refers to subsection 12ZN(1) of the Student Assistance Act 1973 . Item 920 of Schedule 2 to the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 omitted the “(1)” at the start of subsection 12ZN(1) of the Student Assistance Act 1973 , as it was the only subsection in section 12ZN. So the reference in subparagraph (c)(iii) to “subsection 12ZN(1)” should be a reference to “section 12ZN”. This item corrects the cross-reference.

Item 7

32                 Paragraph (d) of the definition of “income tax refund” in subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 refers to the “refundable tax offset rules under Division 67 of the Income Tax Assessment Act”. The refundable tax offset rules are not in Division 67 of the Income Tax Assessment Act 1997 . Division 67 sets out which tax offsets are subject to the refundable tax offset rules. This item amends the definition so that it clarifies the cross-reference.

Item 8

33                 Section 103 of the A New Tax System (Family Assistance) (Administration) Act 1999 deals with determinations under subsections 77(3) and 78(3). Sections 77 and 78 were repealed and substituted, and a new section 78A inserted, by the Family and Community Services and Veterans’ Affairs Legislation Amendment (Debt Recovery) Act 2001 . The effect of section 103 is reproduced in section 78A and therefore section 103 is redundant. This item repeals that section.

Item 9

34                 The note to section 38 of the Australian Securities and Investments Commission Act 2001 refers to failure to comply with a requirement made under this “subsection” being an offence. As the section is not broken up into subsections, this reference should instead be to a requirement made under this “section”. This item corrects the cross-reference.

Item 10

35                 Subsection 40(1) of the Broadcasting Services Act 1992 contains a reference to section 28 of that Act. Section 28 was repealed by item 7 of Schedule 2 to the Broadcasting Legislation Amendment (Digital Television) Act 2006 , so the reference to section 28 is redundant. This item removes the cross-reference.

Items 11 to 14

36                 Section 9 and subsections 11(1) and 13(1) (the original provisions ) of the Civil Aviation (Carriers’ Liability) Amendment Act 1991 (the amending Act ) as originally enacted would have inserted a Part IIIB into the Civil Aviation (Carriers’ Liability) Act 1959 (the Carriers’ Liability Act ) to implement the Montreal Protocol No. 3 (the Protocol ) which implements the Montreal No. 3 Convention (the Convention ).

37                 Subsection 2(2) of the amending Act as originally enacted provided that the original provisions would commence on a day to be fixed by proclamation, being a day not earlier than that on which the Protocol enters into force for Australia.

38                 The Protocol, and thus also the Convention, never came into force, and the Convention has been superseded by a later convention. As a result, the original provisions did not commence and were redundant. The original provisions, and subsection 2(2) of the amending Act, were repealed by items 8 to 10 of Schedule 1 to the Statute Stocktake (Regulatory and Other Laws) Act 2009 , so that the proposed Part IIIB could not be inserted into the Carriers’ Liability Act.

39                 Section 3 of the amending Act inserted definitions of “the Montreal No. 3 Convention” and “the Montreal Protocol No. 3” into subsection 5(1) of the Carriers’ Liability Act. For the above reasons those definitions are redundant. Items 11 and 12 repeal those definitions.

40                 Section 15 of the amending Act inserted a copy of the Convention into Schedule 4 to the Carriers’ Liability Act. For the above reasons that Schedule is redundant. Item 14 repeals that Schedule.

41                 Section 4 of the amending Act inserted a reference to Schedule 4 into paragraph 8(1)(d) of the Carriers’ Liability Act. Because of the repeal of Schedule 4 to the Carriers’ Liability Act made by item 14, that paragraph is redundant. Item 13 repeals that paragraph.

Item 15

42                 Paragraph (c) of the definition of “contributory” in section 9 of the Corporations Act 2001 refers to section 385 of that Act. The reference to section 385 is a reference to a provision that existed in the Corporations Law (which was set out in section 82 of the Corporations Act 1989 ). Section 385 was repealed by item 8 of Schedule 1 to the Company Law Review Act 1998 . This item corrects the cross-reference.

Item 16

43                 This item changes the capitalisation of the word “Internet” in the definition of “publish” in section 9 of the Corporations Act 2001 . The term appears uncapitalised in the Macquarie Dictionary. This item ensures 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”.

Item 17

44                 Subparagraph (a)(i) of the definition of “special resolution” in section 9 of the Corporations Act 2001 refers to paragraph 249L(c), rather than paragraph 249L(1)(c). This item corrects the cross-reference.

Item 18

45                 Table item 3 of the definition of “State Fair Trading Act” in section 9 of the Corporations Act 2001 refers to the “Fair Trading Act 1987 ” of Queensland. There is no such Act. This item amends that table item so that it refers to the Fair Trading Act 198 9 of Queensland instead.

Items 19 and 20

46                 Section 58AA of the Corporations Act 2001 contains definitions about courts. Subsection 58AA(2) refers to Part 9.7, which is about unclaimed property. Instead, it should refer to Part 9.6A, which is about jurisdiction and procedure of courts.  Items 19 and 20 correct the cross-references.

Item 21

47                 Section 995 of the Corporations Act 2001 was repealed by item 1 of Schedule 1 to the Financial Services Reform Act 2001 . The note to paragraph 11.3 of the small business guide in Part 1.5 of the Corporations Act 2001 retains a reference to section 995. The Explanatory Memorandum to the Financial Services Reform Bill 2001 notes that section 1041H replaces section 995. This item corrects the cross-reference.

Item 22

48                 Table item 6 of note 2 to subsection 112(2) of the Corporations Act 2001 incorrectly refers to section 610BA. No such provision exists in the Act. The table item should instead refer to section 601BA. This item corrects the cross-reference.

Items 23 and 24

49                 The Corporations Act 2001 requires a company that changes its name during, or 6 months prior to, its external administration to disclose its former, as well as its current, name on all public documents and negotiable instruments for the duration of the period of administration, or any subsequent liquidation. Only a deed administrator may apply to the court for leave not to comply with this requirement, for which provision is intended to be made in subsection 161A(3) of that Act. Subparagraph 161A(1)(b)(iv) of the Corporations Act 2001 provides for this circumstance; however, subsection 161A(3) incorrectly refers to subparagraph (1)(b)(iii) instead. Similarly, subsection 161A(2) incorrectly refers to subparagraph 161A(1)(b)(iv) rather than subparagraph 161A(1)(b)(iii). Items 23 and 24 correct the cross-references.

Items 25 and 26

50                 Item 1 of Schedule 1 to the Financial Services Reform Act 2001 repealed all of Chapters 7 and 8 of the Corporations Act 2001 and substituted those provisions with provisions in similar terms. Sections 1092 and 1091C were in Division 2 of Part 7.13 in Chapter 7. The sections were re-enacted in similar terms as sections 1071D and 1072E (respectively). The cross-references in note 1 to subsection 169(3) of the Corporations Act 2001 incorrectly refer to the repealed sections. Items 25 and 26 correct the cross-references.

Item 27

51                 Subsection 257B(8) of the Corporations Act 2001 incorrectly refers to paragraph (7)(b) of the section. Subsection 257B(7) was repealed and a new subsection was substituted by item 350 of Schedule 1 to the Financial Services Reform Act 2001 . Prior to that amendment, subsection (7) contained paragraphs. The substituted subsection did not. This item corrects the cross-reference.

Item 28

52                 Section 306 of the Corporations Act 2001 contains 2 instances of subsection (2). This item renumbers the subsection (2) that was inserted into that section by item 92 of Schedule 1 to the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 as subsection (1A).

Item 29

53                 This item replaces references to “web site” (expressed as 2 words) in section 314 of the Corporations Act 2001 , with references to “website” (expressed as one word). This aims to ensure consistent use of language when describing websites.

Items 30 to 32

54                 Items 30 to 32 change the capitalisation of the word “Internet” in sections 323EK and 354 of the Corporations Act 2001 . The term appears uncapitalised in the Macquarie Dictionary. These items 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”.

Item 33

55                 This item replaces references to “an Internet site” in section 579J of the Corporations Act 2001 with references to “a website”. This aims to ensure consistent use of language when describing websites.

Item 34

56                 This item replaces references to “an Internet site” in section 579K of the Corporations Act 2001 with references to “a website”. This aims to ensure consistent use of language when describing websites.

Item 35

57                 Items 381 and 382 of Schedule 1 to the Financial Services Reform Act 2001 repealed parts of section 635 of the Corporations Act 2001 and substituted new provisions. As part of those amendments the language of that section was altered and entities referred to as “securities exchanges” under the section prior to amendment were referred to as “market operators”. A consequential amendment to table item 8 in subsection 635(1) of the Corporations Act 2001 was required, but the change was not made. This item corrects the table item.

Items 36 to 39

58                 Section 995 of the Corporations Act 2001 was repealed by item 1 of Schedule 1 to the Financial Services Reform Act 2001 . The following provisions retain cross-references to section 995:

(a)                 note 2 to subsection 670A(1) of the Corporations Act 2001 ;

(b)                the note to subsection 670B(3) of that Act;

(c)                 note 3 to subsection 728(1) of that Act;

(d)                the note to subsection 729(4) of that Act.

59                 The Explanatory Memorandum to the Financial Services Reform Bill 2001 notes that section 1041H replaces section 995. Items 36 to 39 correct the cross-references in the provisions mentioned above.

Items 40 to 48

60                 Items 40 to 48 change the capitalisation of the word “Internet” in several provisions of the Corporations Act 2001 . The term appears uncapitalised in the Macquarie Dictionary. These items 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”.

Item 49

61                 When the Corporations Act 2001 was enacted, section 1390 included a transitional provision to preserve the effect of certain nominations made under section 67 of the Corporations Act 1989 , as in force immediately before the commencement of the Corporations Act 2001 . Section 67 of the Corporations Act 1989 was re-enacted in similar terms as section 890A of the Corporations Act 2001 (by the Financial Services Reform Act 2001 ). Section 1390 should cross-refer to section 890A, but erroneously refers to section 925A. This item corrects the cross-reference.

Item 50

62                 Section 791 of the Corporations Act 2001 was repealed by the Financial Services Reform Act 2001 . The cross-reference to that section in section 1417 of the Corporations Act 2001 should be a reference to section 791A. This item corrects the cross-reference.

Items 51 to 53

63                 Items 51 to 53 change the capitalisation of the word “Internet” in sections 1437, 1438 and 1442 of the Corporations Act 2001 . The term appears uncapitalised in the Macquarie Dictionary. These items 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”.

Item 54

64                 Paragraphs 11(1)(a) and (2)(a) of the Customs Act 1901 contain a reference to “Division 1A of Part XII” of that Act. Division 1A of Part XII was repealed by Schedule 1 to the Surveillance Devices Act 2004 . As a result, the paragraphs are redundant. This item removes those paragraphs.

Item 55

65                 Paragraph 11(2)(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 56

66                 Subsection 132C(1) of the Customs Act 1901 provides:

             (1)  The CEO may, by writing under his or her hand, revoke or vary a quota order at any time before:

                     (a)  the expiration of the declared period to which the quota order relates; or

                     (b)  the expiration of the period within which, under regulations made by virtue of section 132E, application may be made for the review of the quota order;

whichever last occurs.

67                 Section 132E of the Customs Act 1901 was repealed by the Statute Law Revision Act 1981 , so paragraph 132C(1)(b) is redundant. This item substitutes subsection 132C(1) to remove the redundant paragraph.

Item 57

68                 Subsection 269SHA(1) of the Customs Act 1901 deals with applications for review of decisions under section 269SH. Subsection 269SHA(1) incorrectly refers to decisions under subsection 269SH(1) or (4). Decisions under section 269SH are made under subsection 269SH(4) or (5). This item corrects the cross-reference.

69                 Subsection 269SHA(1) of the Customs Act 1901 contains a cross-reference to “subsection 269SH(l3)”. In “269SH(13)”, the Arabic numeral “1” is represented by the letter “l”. This item corrects that typographical error.

Item 58

70                 Schedule 10 to the Workplace Relations Act 1996 dealt with the transitional registration of State-registered associations. It was amended by Schedule 22 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the amending Act ) and is now Schedule 1 to the Fair Work (Registered Organisations) Act 2009 (the Registered Organisations Act ). The amendments made by Part 2 of Schedule 22 to the amending Act replaced the references in Schedule 1 to the Registered Organisations Act to registration, with references to recognition. The reference to “registered” in subparagraph 5(5)(b)(i) of Schedule 1 to the Registered Organisations Act was overlooked. This item amends that subparagraph to correct this oversight.

Item 59

71                 Subsection 48(2) of the Great Barrier Reef Marine Park Act 1975 contains 2 subparagraphs and no paragraphs. This item converts the subparagraphs into paragraphs. Subparagraph 48(2)(ii) incorrectly contains the number “6666”. That number is redundant. This item corrects that error by omitting the number “6666”.

Items 60 and 61

72                 The word “who” in the opening text of paragraph 36(a) of the Healthcare Identifiers Act 2010 applies to subparagraph 36(a)(i) but not subparagraph 36(a)(ii). Items 60 and 61 omit the word from the opening text of the paragraph and insert it at the beginning of subparagraph (i).

Items 62 and 63

73                 The word “who” in the opening text of paragraph 36(c) of the Healthcare Identifiers Act 2010 applies to subparagraph 36(c)(i) but not subparagraph 36(c)(ii). Items 62 and 63 omit the word from the opening text of the paragraph and insert it at the beginning of subparagraph (i).

Item 64

74                 Subsection 3C(3) of the Health Insurance Act 1973 refers to a determination made under section 4A of that Act. The Community Services and Health Legislation Amendment Act 1989 repealed and substituted section 4A and removed the power of the Minister to make a determination under that section. As a result, the reference to determinations made under section 4A is redundant. This item removes the redundant cross-reference.

Item 65

75                 Subclause 98(1) of Schedule 1A to the Higher Education Support Act 2003 provides that the Secretary may delegate all or any of the powers of the Secretary under clause 99 of that Schedule. Clause 99 provides that the Minister may make Guidelines. Clause 99 itself does not confer any powers on the Secretary. Subclause 98(1) should have referred to the powers of the Secretary under any Guidelines made under clause 99. This item corrects that error.

Heading to section 106 of the Law Enforcement Integrity Commissioner Act 2006

76                 Section 106 of the Law Enforcement Integrity Commissioner Act 2006 deals with receipts for things seized under section 105 of that Act. Section 105 deals with the power to enter places without a search warrant. Sections 105 and 106 are contained in Division 3 which is headed “Entering certain places during an investigation without a search warrant”. The heading to section 106 incorrectly refers to receipts of things seized under warrant. The note appearing after the heading referring to that Act corrects the heading to section 106.

Item 66

77                 Paragraph 158(2)(h) of the National Consumer Credit Protection Act 2009 provides that a credit representative’s credit guide must include “contact details for a consumer to access the approved external dispute resolution scheme of which the credit representative’s is a member”. This item corrects that grammatical error.

Item 67

78                 Subparagraphs 72(3)(b)(i) and 94(2)(b)(i) of Schedule 1 to the National Consumer Credit Protection Act 2009 incorrectly refer to “approved external resolution scheme”. The defined term in subsection 204(1) of that Schedule is “approved external dispute resolution scheme”. This item amends the subparagraphs so that they correctly refer to “approved external dispute resolution scheme”.

Item 68

79                 Subsection 95(3) of Schedule 1 to the National Consumer Credit Protection Act 2009 deals with giving written notice of the conditions of a postponement. The subsection refers to the “consequences under subsection (5) if the conditions of the postponement are not complied with”. Subsection 95(5) does not set out consequences if the conditions of the postponement are not complied with. Subsection 95(3) should refer to subsection 95(6) of the Act. This item corrects the cross-reference.

Item 69

80                 Section 207 of the Native Title Act 1993 provides that Part 12 of that Act ceases to be in force on 23 March 2006. As a result, the Part is redundant. This item removes the redundant Part.

Item 70

81                 Subsection 3(1) of the Ombudsman Act 1976 defines “case manager” as having the same meaning as in the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . As a result, the concept of a “case manager” is redundant and the definition is therefore redundant. This item removes the redundant definition.

Item 71

82                 Subsection 3(1) of the Ombudsman Act 1976 defines “eligible case manager” by reference to the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . As a result, the concept of an “eligible case manager” is redundant and the definition is therefore redundant. This item removes the redundant definition.

Item 72

83                 Subsection 3(1) of the Ombudsman Act 1976 defines “ESRA” as meaning the Employment Services Regulatory Authority established under the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . As a result, the concept of “ESRA” is redundant and the definition is therefore redundant. This item removes the redundant definition.

Item 73

84                 This item is consequential on item 71.

Item 74

85                 This item is consequential on item 71.

Item 75

86                 This item is consequential on item 71.

Item 76

87                 This item is consequential on item 71.

Item 77

88                 This item is consequential on item 71.

Item 78

89                 This item is consequential on item 71.

Item 79

90                 This item is consequential on item 71.

Item 80

91                 This item is consequential on item 71.

Item 81

92                 This item is consequential on item 77.

Item 82

93                 This item is consequential on item 71.

Item 83

94                 This item is consequential on item 71.

Item 84

95                 This item is consequential on item 72.

Item 85

96                 This item is consequential on item 84.

Item 86

97                 This item is consequential on items 70 and 72.

Item 87

98                 Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 sets out the Vienna Convention for the Protection of the Ozone Layer. Subparagraph 2(d)(ii) of Annex I to that Convention refers to “ClO x ”. The text as set out in Schedule 2 does not accord with the text of the actual agreement. In the word “ClO x ” in Schedule 2, the letter “l” is incorrectly represented by the Arabic numeral “1”. This item corrects that error.

Item 88

99                 Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 sets out the Vienna Convention for the Protection of the Ozone Layer. Paragraph 4(c) of Annex I to that Convention refers to the substances “CCl 4 ”, “CFCl 3 ”, “CF 2 Cl 2 ”, “C 2 F 3 Cl 3 ”, “C 2 F 4 Cl 2 ”, “ClO x ”, “CH 3 Cl”, “CHF 2 Cl”, “CH 3 CCl 3 ” and “CHFCl 2 ”. The text as set out in Schedule 2 does not accord with the text of the actual agreement. In each of the references mentioned above, the letter “l” is incorrectly represented by the Arabic numeral “1”. In the references to “ClO x ” the letter “O” is incorrectly represented by the Arabic numeral “0”. This item corrects those errors.

Item 89

100             Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 sets out the Vienna Convention for the Protection of the Ozone Layer. Paragraph 4(d) of Annex I to that Convention refers to the substance “BrO x ”. The text as set out in Schedule 2 does not accord with the text of the actual agreement. In the word “BrO x ” in Schedule 2, the letter “O” is incorrectly represented by the Arabic numeral “0”. This item corrects that error.

Item 90

101             Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 sets out the Vienna Convention for the Protection of the Ozone Layer. Paragraph 4(d) of Annex I to that Convention refers to the substance “ClO x ”. The text as set out in Schedule 2 does not accord with the text of the actual agreement. In the word “ClO x ” in Schedule 2, the letter “l” is incorrectly represented by the Arabic numeral “1”, and the letter “O” is incorrectly represented by the Arabic numeral “0”. This item corrects those errors.

Item 91

102             Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 sets out the Vienna Convention for the Protection of the Ozone Layer. Subparagraph 4(e)(ii) of Annex I to that Convention refers to the substance “H 2 O”. The text as set out in Schedule 2 does not accord with the text of the actual agreement. In the word “H 2 O” in Schedule 2, the letter “O” is incorrectly represented by the Arabic numeral “0”. This item corrects that error.

Item 92

103             Paragraph 51(1)(b) of the Plant Breeder’s Rights Act 1994 refers to a copy of an order of a court given under section 55 of the Act revoking a right. Section 55 does not relate to orders revoking rights. Paragraph 51(1)(b) should refer to subsection 54(3) of the Act. This item corrects the cross-reference.

Item 93

104             Subsection 17(3) of the Privacy Act 1988 deals with the application of section 48 of the Acts Interpretation Act 1901 to guidelines issued under subsection 17(1) of the Privacy Act 1988 . Section 48 of the Acts Interpretation Act 1901 was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 . Therefore subsection 17(3) is redundant. This item repeals the redundant subsection.

Item 94

105             This item is consequential on item 95.

Item 95

106             Subsection 80(2) of the Privacy Act 1988 deals with the application of section 48 of the Acts Interpretation Act 1901 to determinations referred to in paragraph 78(a) of the Privacy Act 1988 . Section 48 of the Acts Interpretation Act 1901 was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 . Therefore subsection 80(2) is redundant. This item repeals the redundant subsection.

Item 96

107             This item is consequential on item 97.

Item 97

108             Section 333 of the Proceeds of Crime Act 2002 defines “conviction day”. Before the enactment of the Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (the amending Act ), paragraph 333(1)(a) of the Proceeds of Crime Act 2002 referred to “the day on which the person was convicted of the offence”. Subsection 333(2) clarifies the meaning of those words. The amending Act amended paragraph 333(1)(a) of the Proceeds of Crime Act 2002 so that it instead refers to “the day on which a court passes sentence for the offence”, making subsection 333(2) redundant. This item repeals the redundant subsection.

Item 98

109             Section 335 of the Proceeds of Crime Act 2002 contains 2 subsections (7). This item renumbers the subsection (7) that was inserted into that section by item 29 of Schedule 1 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 as subsection (9).

Item 99

110             Item 38 of Schedule 1 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 inserted a definition of “suspect” into section 338 of the Proceeds of Crime Act 2002 . The definition was intended to replace a definition of “suspect” (the original definition ) that was already contained in the section. The original definition was not repealed. This item repeals the unnecessary original definition.

Item 100

111             Schedule 1 to the Protection of the Sea (Civil Liability) Act 1981 sets out the International Convention on Civil Liability for Oil Pollution Damage. Paragraph (1)(a) of Article VI of that Convention reads “against any other assets”. The text as set out in Schedule 1 does not accord with the text of the actual Convention as it reads “against any other other assets”. This item corrects that error.

Item 101

112             Subparagraph 8(8)(y)(viia) refers to veterans supplement “under Part VIIA of that Act”. The preceding subparagraph, subparagraph 8(8)(y)(viiab), refers to the Military Rehabilitation and Compensation Act. This means the words “that Act” in subparagraph (viia) must be read as a reference to the Military Rehabilitation and Compensation Act. Those words, and the words “that Act” in subparagraphs (viib), (viii), (ix) and (x), should be referring to the Veterans’ Entitlements Act. This item corrects the reference in subparagraph (viia), and also has the effect of correcting the references in subparagraphs (viib), (viii), (ix) and (x).

Item 102

113             Subparagraph 8(8)(y)(viii) of the Social Security Act 1991 refers to a bereavement payment under Part III, or section 98A, of the Veterans’ Entitlements Act 1986 . Schedule 8 to the Veterans’ Affairs Legislation Amendment (1995-96 Budget Measures) Act (No. 2) 1995 repealed the provisions of Part III of the Veterans’ Entitlements Act 1986 relating to bereavement payment and replaced them with a new Division 12A of Part IIIB in the Veterans’ Entitlements Act 1986 . Subparagraph 8(8)(y)(viii) should refer to Part IIIB, instead of Part III, of the Veterans’ Entitlements Act 1986 . This item corrects that cross-reference.

Item 103

114             Paragraph (b) of the definition of “family law order” in subsection 23(1) of the Social Security Act 1991 refers to “a family violence order within the meaning of section 4 of that Act”. No particular Act is referred to in the definition. A “family violence order” is defined in section 4 of the Family Law Act 1975 . Paragraph (b) of the definition of “family law order” in subsection 23(1) of the Social Security Act 1991 should refer to the Family Law Act 1975 . This item corrects that cross-reference, and also has the effect of correcting the references to “that Act” in paragraphs (c) and (d) of the definition.

Item 104

115             Note 18 to subsection 593(1) of the Social Security Act 1991 provides that the operation of section 593 is modified by section 45 of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . Therefore the note is redundant. This item repeals the note.

Item 105

116             This item is consequential on item 106.

Item 106

117             Note 2 to subsection 601(5) of the Social Security Act 1991 provides that the operation of section 601 is modified by section 45 of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . Therefore the note is redundant. This item repeals the note.

Item 107

118             This item is consequential on item 108.

Item 108

119             Note 2 to subsection 613(2) of the Social Security Act 1991 provides that the operation of section 613 is modified by section 45 of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . Therefore the note is redundant. This item repeals the note.

Item 109

120             Subsection 1067D(2) of the Social Security Act 1991 provides that in making a determination under paragraph 1067D(1)(c) of that Act the Secretary may have regard to any advice given by a case manager to whom the person has been referred under Part 4.3 of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . Therefore subsection 1067D(2) is redundant. This item repeals the subsection.

Items 110 and 111

121             Section 23 of the Social Security Act 1991 defines “Veterans’ Entitlemen ts Act”. Subparagraph 1209Q(1)(b)(ii) of the Social Security Act 1991 , and paragraph 63(3)(a) of Schedule 1A to that Act, incorrectly contain references to the “Veterans’ Entitlemen t Act”. Items 110 and 111 correct those typographical errors.

Item 112

122             Paragraph 355(1)(c) of the Student Assistance Act 1973 provides for the disclosure of information to a contracted case manager within the meaning of the Employment Services Act 1994 . The Employment Services Act 1994 was repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006 . Therefore paragraph 355(1)(c) is redundant. This item repeals the paragraph.

Item 113

123             Paragraph 7A(1)(e) of the Veterans’ Entitlements Act 1986 refers to a period of hostilities specified in paragraph 5B(1)(b) of the definition of “period of hostilities”. The definition of “period of hostilities” is contained in subsection 5B(1) of the Act. There is no paragraph 5B(1)(b) of the definition of “period of hostilities”. Paragraph 7A(1)(e) was intended to refer to paragraph (b) of the definition of “period of hostilities” in subsection 5B(1). This item corrects that cross-reference.

Item 114

124             Note 7 to step 11 in method statement 1 of point SCH6-A1 of Schedule 6 to the Veterans’ Entitlements Act 1986 refers to subsection 58A(4) of that Act. The note points readers to the provision dealing with the minimum amount of a fortnightly instalment of pension. Section 58A was repealed and substituted by the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998 . As substituted, subsection 58A(9), not subsection 58A(4), deals with the minimum amount of a fortnightly instalment of pension. This item corrects the cross-reference in the note.

Item 115

125             Step 4 in method statement 2 of point SCH6-A1 of Schedule 6 to the Veterans’ Entitlements Act 1986 contains a cross-reference to “Steps 2, 2A and 2A”. This item removes the duplicate cross-reference to Step 2A.

Items 116 and 117

126             Note 2 to step 7 in method statement 2, and note 7 to step 12 in method statement 5, of point SCH6-A1 of Schedule 6 to the Veterans’ Entitlements Act 1986 refer to subsection 58A(4) of that Act. The notes point readers to the provision dealing with the minimum amount of a fortnightly instalment of pension. Section 58A was repealed and substituted by the Payment Processing Legislation Amendment (Social Security and Veterans’ Entitlements) Act 1998 . As substituted, subsection 58A(9), not subsection 58A(4), deals with the minimum amount of a fortnightly instalment of pension. Items 116 and 117 correct the cross-references in the notes.

Item 118

127             Section 4 of the Water Act 2007 defines “tradeable water rights”. Subsections 37(1) and 61(1) of that Act incorrectly contain references to a “tradable water right”. This item corrects that typographical error.

Item 119

128             Subsections 73(3) to (6) of the Water Act 2007 are about engaging in a mediation process. Paragraph 73(4)(b) of that Act incorrectly refers to “meditation” instead of “mediation”. This item corrects that typographical error.



 

Schedule 2—Amendment of amending Acts

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

Item 1

130             Item 104A of Schedule 1 to the Broadcasting Legislation Amendment (Digital Television) Act 2010 purports to amend paragraph 38(4A)(b) of Schedule 34 to the Broadcasting Services Act 1992 . However, the amendment was misdescribed as there is no Schedule 34 to the Broadcasting Services Act 1992 . This item corrects the misdescription so that the item heading of item 104A correctly refers to Schedule 4 to the Broadcasting Services Act 1992 .

Item 2

131             Item 182 of Schedule 1 to the Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 misdescribed text in the Proceeds of Crime Act 2002 that was to be omitted by that item. Instead of referring to “it may also be dealt with”, item 182 referred to “it may be dealt with”, so the misdescribed amendment could not be made. This item corrects the misdescription of text.

Item 3

132             This item is consequential on item 4.

Item 4

133             Items 94 to 110 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 purport to amend provisions of the Workplace Relations Act 1996 that refer to the Human Rights and Equal Opportunity Commission Act 1986 . However, the provisions of the Workplace Relations Act 1996 were repealed by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 before the purported amendments made by the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 commenced, and so the amending items in the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 are redundant. This item repeals the redundant amending items.

Item 5

134             Table item 11 of the commencement table in section 2 of the Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010 deals with the commencement of Part 2 of Schedule 6 to that Act. The Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 was amended when it was before the Parliament to remove Part 2 of Schedule 6 to that Bill, so table item 11 of the commencement table is redundant. This item repeals the redundant table item.

Item 6

135             Item 151 of Schedule 2 to the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 misdescribed text in the Commonwealth Electoral Act 1918 that was to be omitted by that item. Instead of referring to “notifies a person”, item 151 referred to “notifies the person”, so the misdescribed amendment could not be made. This item corrects the misdescription of text.

Item 7

136             This item is consequential on item 8.

Item 8

137             Items 9 and 10 of Schedule 3 to the Evidence Amendment Act 2008 purport to amend clause 5 of Schedule 2 to the Workplace Relations Act 1996 . However, that clause was repealed by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 before the purported amendments made by the Evidence Amendment Act 2008 commenced, and so the amending items in the Evidence Amendment Act 2008 are redundant. This item repeals the redundant amending items.

Item 9

138             Item 4 of Schedule 19 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 purports to omit and substitute text from section 179 of the Military Rehabilitation and Compensation Act 2004 . The text to be omitted occurs twice in section 179. Item 4 does not identify which occurrence is to be omitted and substituted. This item corrects the amending item in order to make certain the location of the text to be omitted and substituted.

Item 10

139             Subitem 20A(5) of Schedule 18 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 refers to the period mentioned in subsection (1). This item corrects that cross-reference to refer to subitem (1), instead of subsection (1).



 

Schedule 3—Repeal of obsolete Acts

140             The items in this Schedule repeal obsolete Acts.

Item 1

141             Item 1 repeals the Road Transport Reform (Heavy Vehicles Registration) Act 1997 . That Act was enacted by the Commonwealth on behalf of the Australian Capital Territory (the ACT ). The Act was designed to help deliver nationally consistent provisions about the registration of heavy vehicles by enabling all other jurisdictions to adopt or reference the national legislation within their respective legislative arrangements. The Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport specifies that agreed national reforms in the form of model legislation will be implemented in all jurisdictions within their own legislative framework. The Inter-Governmental Agreement also provides that the Commonwealth, in agreement with the ACT and other relevant parties, will, as soon as is practicable, repeal any road transport legislation that has been enacted by the Commonwealth on behalf of the ACT. The Act does not have any legal force in its own right and the ACT has since introduced its own legislation for heavy vehicle registration, so the Act is obsolete.

Item 2

142             Item 2 repeals the Road Transport Reform (Vehicles and Traffic) Act 1993 . That Act was enacted by the Commonwealth on behalf of the Australian Capital Territory (the ACT ). The Act was designed to help deliver nationally consistent road transport laws by enabling all other jurisdictions to adopt or reference the national legislation within their respective legislative arrangements. The Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport specifies that agreed national reforms in the form of model legislation will be implemented in all jurisdictions within their own legislative framework. The Inter-Governmental Agreement also provides that the Commonwealth, in agreement with the ACT and other relevant parties, will, as soon as is practicable, repeal any road transport legislation that has been enacted by the Commonwealth on behalf of the ACT. The Act does not have any legal force in its own right, so the Act is obsolete.

Item 3

143             Item 3 repeals the States and Northern Territory Grants (Rural Adjustment) Act 1979 . That Act provides for financial assistance to be payable to a State or the Northern Territory in accordance with the agreement set out in the Schedule to the States Grants (Rural Adjustment) Act 1976 as amended by the agreement set out in the Schedule to the States and Northern Territory Grants (Rural Adjustment) Act 1979 . Financial assistance is no longer being paid under the Act, and all amounts payable to the Commonwealth under the Act have been paid, so the Act is obsolete.

Item 4

144             Item 4 repeals the States and Northern Territory Grants (Rural Adjustment) Act 1985 . That Act provides for financial assistance to be payable to a State or the Northern Territory in accordance with the agreements set out in the Schedules to the Act. Financial assistance is no longer being paid under the Act, and all amounts payable to the Commonwealth under the Act have been paid, so the Act is obsolete.

Item 5

145             Item 5 repeals the States Grants (Beef Industry) Act 1975 , which provides for financial assistance to be payable to a State in relation to beef producers. The Act was intended to provide financial assistance for only a 2 year period. Financial assistance is no longer paid under the Act, and the Act is obsolete.

Item 6

146             Item 6 repeals the States Grants (Rural Adjustment) Act 1976 , which provides for financial assistance to be payable to a State in accordance with the agreement set out in the Schedule to the Act. Financial assistance is no longer being paid under the Act, and all amounts payable to the Commonwealth under the Act have been paid, so the Act is obsolete.

Item 7

147             Item 7 repeals the States Grants (Rural Adjustment) Act 1988 , which provides for financial assistance to be payable to a State in accordance with the agreements set out in the Schedule to the Act. Financial assistance is no longer being paid under the Act, and all amounts payable to the Commonwealth under the Act have been paid, so the Act is obsolete.

Item 8

148             Item 8 repeals the Williamstown Dockyard Employees Act 1987 . The Government sold the Williamstown Dockyard in 1988. The Act deals with transitional arrangements for certain employees of the Williamstown Dockyard at the time of the sale. Due to the passage of time, the provisions of the Act have no further operation. Therefore, the Act is obsolete.



 

Schedule 4—Amendment of the Marriage Act 1961

149             The items in this Schedule make minor changes to spelling in provisions of the Marriage Act 1961 to ensure the provisions accord with current drafting style. These changes are as follows:

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

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

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

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

150             Items 1 to 24 amend specific occurrences of the above words, whilst item 25 amends all the other references to those words.



 

Schedule 5—References to specific Ministers

151             The items in this Schedule contain amendments relating to references to Ministers in Acts.

Part 1

152             The items in this Part make amendments to a number of Acts to ensure that Commonwealth Ministers (other than the Prime Minister, the Attorney-General and the Treasurer) are consistently mentioned by reference to the administration of identified legislation rather than by name.

153             There are currently a number of references to specific Ministers in Commonwealth Acts (for example, the Minister for Industry, Technology and Commerce). Whenever there is no longer a particular Minister, or the title of a Minister is changed under the Administrative Arrangements Order, the Governor-General needs to make an Order under section 19B or 19BA of the Acts Interpretation Act 1901 so that any now incorrect references to Ministers in Acts can be read correctly. This means that users of Acts have to read the Acts in conjunction with these Orders.

154             For example, paragraph (g) of Schedule 2 to the Administrative Decisions (Judicial Review) Act 1977 refers to the “Minister for Finance”. In 1997 the “Minister for Finance” was given the new title of “Minister for Finance and Administration”, so an Order was made by the Governor-General under section 19B of the Acts Interpretation Act 1901 in relation to the change of title. In 2007 the “Minister for Finance and Administration” was renamed the “Minister for Finance and Deregulation”, so another Order was made. This means that to find the correct Minister referred to in paragraph (g) of Schedule 2 to the Administrative Decisions (Judicial Review) Act 1977 , readers must refer to the 1997 and 2007 section 19B Orders.

155             The Bill replaces the reference to the “Minister for Finance” with a generic reference to the “Finance Minister”, and defines that term as “the Minister administering the Financial Management and Accountability Act 1997 ”. Readers of the Administrative Decisions (Judicial Review) Act 1977 can easily find the correct Minister by referring to the current Administrative Arrangements Order.

Part 2

156             The items in this Part make amendments to a number of Acts to ensure they reflect alterations made to them via orders made under subsection 19BA(1) of the Acts Interpretation Act 1901 .

Part 3

157             The items in this Part include provision for transitional, savings and application provisions to ensure that the amendments made by this Schedule do not result in any unintended consequences.



 

Schedule 6—References to specific Departments

158             The items in this Schedule contain amendments relating to references to specific Departments in Acts.

Part 1

159             The items in this Part make amendments to a number of Acts to ensure that Departments of State (other than the Department of the Prime Minister and Cabinet, the Attorney-General’s Department and the Treasury) are consistently mentioned by reference to the Minister administering identified legislation or a particular matter rather than by name.

160             There are currently a number of references to specific Departments in Commonwealth Acts (for example, the Department of Transport and Regional Development). Whenever a Department is abolished, or the title of a Department is changed under the Administrative Arrangements Order, the Governor-General needs to make an Order under section 19B or 19BA of the Acts Interpretation Act 1901 so that any now incorrect references to Departments can be read correctly. This means that users of Acts have to read the Acts in conjunction with these Orders.

161             For example, paragraph 130(7)(fa) of the Health Insurance Act 1973 refers to the “Department of Immigration and Ethnic Affairs”. In 2007 the “Department of Immigration and Ethnic Affairs” was renamed the “Department of Immigration and Citizenship”, so an Order was made by the Governor-General under section 19B of the Acts Interpretation Act 1901 in relation to the change of name. This means that to find the correct Department referred to in paragraph 130(7)(fa) of the Health Insurance Act 1973 , readers must refer to the relevant 2007 section 19B Order.

162             The Bill replaces the reference to the “Department of Immigration and Ethnic Affairs” with a generic reference to the “Immigration Department”, and defines that term as “the Department administrated by the Minister administering the Migration Act 1958 ”. Readers of the Health Insurance Act 1973 can then easily find the correct Department by referring to the current Administrative Arrangements Order.

Part 2

163             The items in this Part make amendments to a number of Acts to ensure that “Parliamentary Department” is defined consistently for Acts with an ongoing operation, and to update references to Parliamentary Departments that have been abolished or amalgamated.

Part 3

164             The items in this Part include provision for transitional, savings and application provisions to ensure that the amendments made by the Schedule do not result in any unintended consequences.



 

Schedule 7—References to Secretaries to Departments

165             The items in this Schedule make amendments to the text of a number of Acts to replace “Secretary to” a Department with “Secretary of” a Department, consistent with subsection 56(4) of the Public Service Act 1999 and subsection 11(1) of the Public Employment (Consequential and Transitional) Amendment Act 1999 .

 

 

 

 

Schedule 8—References to Departments administering Acts

166             The items in this Schedule make amendments to a number of Acts to replace references to Departments administering Acts with terminology that makes it clear that Ministers, rather than Departments, administer Acts.