Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Acts Interpretation Amendment Bill 2011

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

 

2010 - 2011

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

ACTS INTERPRETATION AMENDMENT BILL 2011

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Robert McClelland MP)

 

 



ACTS INTERPRETATION AMENDMENT BILL 2011

 

GENERAL OUTLINE

 

1.                   This Bill amends the Acts Interpretation Act 1901 (‘Acts Interpretation Act’), an important Commonwealth Act that provides general rules for interpreting all Commonwealth legislation.  As Australia’s first Attorney-General, Alfred Deakin, said on the second reading of the Acts Interpretation Bill on 6 June 1901, the Act:



is a measure providing for the simplification of the language of Acts of Parliament and the shortening of their terminology.  It constitutes in a sense a legal dictionary, particular meanings being assigned by it to particular phrases, which must be used over and over again in almost every Act of Parliament.

 

2.                   The Bill progresses the implementation of the clearer laws elements of the Government’s Strategic Framework for Access to Justice in the Federal Civil Justice System .  The amendments address the useability and readability of the Acts Interpretation Act, resulting in clearer legislation and appropriately co-located provisions.  While the Acts Interpretation Act has been subject to numerous amendments since 1901, this is the first time the Act has been comprehensively amended to address concerns regarding its structure, application to modern technology and language. 

 

3.                   The Bill also implements recommendations made following past reviews of the Acts Interpretation Act.

 

4.                   In 1993 the House of Representatives Standing Committee on Legal and Constitutional Affairs published a report on the drafting of Commonwealth legislation titled Clearer Commonwealth Law .  One of the Committee’s recommendations was that the Attorney-General’s Department and the Office of Parliamentary Counsel should publicly review and rewrite the Acts Interpretation Act (see recommendation 22). 

 

5.                   In response, the Attorney-General’s Department and the Office of Parliamentary Counsel jointly issued a discussion paper entitled Review of the Commonwealth Acts Interpretation Act 1901 in 1998.  Following consultation on the discussion paper, a number of recommendations were made about how to improve the useability and readability of the Acts Interpretation Act. 

 

6.                   In summary, the Bill improves the structure of the Acts Interpretation Act by:

·          co-locating the definitions which are currently scattered throughout the Act, and

·          co-locating other provisions that are currently not in a logical order.



7.                   The Bill also contains a number of substantive amendments.  For example:

·          ensuring that powers in relation to instruments apply to all types of instruments (contrary to some judicial interpretation that suggests they only apply to instruments of a legislative character)

·          allowing section 19B and 19BA Orders to apply retrospectively (these Orders update references in legislation to a particular Minister, Department or Secretary of a Department so that they can be read consistently with responsibilities as allocated under the Administrative Arrangements Order)

·          providing that an action by a Minister other than the Minister who is authorised to perform that action is not invalid merely on that basis

·          providing that anything done by or in relation to a person purporting to act under an appointment (including an acting appointment) is not invalid merely because the occasion for the appointment had not arisen, there was a defect or irregularity in connection with the appointment, the appointment had ceased to have effect or, in the case of acting appointments, the occasion to act had not arisen or had ceased, and

·          specifying that everything in an Act as enacted by the Parliament should be considered part of an Act. 

8.                   Concepts in the original Act are being modernised so that it can continue to be relevant into the 21 st century.  For example:

·          allowing meeting participants to be in different locations and to participate using technology such as video-conferencing, and

·          adjusting the definition of ‘document’ to include things like maps, plans, drawings and photographs. 

9.                   This Bill will result in significant improvements to the Acts Interpretation Act as well as improving the clarity of Commonwealth legislation more generally. 

 

 

Financial impact statement

 

10.               The proposed Bill will not have any significant financial impact.

 

 



NOTES ON CLAUSES

 

Clause 1 - Short title

 

1.                   This clause provides for the Bill to be cited as the Acts Interpretation Amendment Act 2011

 

Clause 2 - Commencement

 

2.                   This clause provides for the commencement of the Act. 

 

3.                   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.

 

4.                   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.

 

5.                   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.

 

6.                   The items in Schedules 1 and 3 of the Bill commence either on proclamation, or if a proclamation is not made earlier, six months after the Act receives Royal Assent.  The delay is to allow time for consequential amendments to be made to regulations and other legislative instruments. 

 

7.                   Similarly, the majority of amendments made in Schedule 2 also commence at this time.  However, the provisions listed in table items 4, 6, and 9 commence at the later of the commencement of the Schedule 1 amendments or the commencement of particular Acts specified in these table items.  This is because these amendments are dependent on the commencement of amendments being made to the particular Acts.  If the amendments proposed to the particular Acts do not commence, the related amendments in Schedule 2 do not occur.

 

8.                   The provisions listed in table items 8 and 10 also commence at the same time as the Schedule 1 amendments.  However, these amendments will not be required if the amendments to the particular Acts specified in these table items commence at or before that time.

 

Clause 3 - Schedule(s)

 

9.                   This clause provides that the Schedules to the Bill will amend the Acts set out in those Schedules in accordance with the provisions set out in each Schedule. 

 

 

 

 

SCHEDULE 1 - MAIN AMENDMENTS

 

Acts Interpretation Act 1901

 

Item 1 - Part I (heading)

 

1.                   Item 1 simply removes the Roman numeral from the first part of the Acts Interpretation Act, titled ‘Preliminary’, as the numbering of all parts of the Acts Interpretation Act is being updated to Arabic numbering to reflect current drafting practice. 

 

Item 2 - After section 1 

 

2.                   Item 2 inserts a simplified outline of the Acts Interpretation Act.  The outline will assist readers to understand the purpose and structure of the Act, and to more easily navigate through the Act to find relevant provisions. 

 

Item 3 - Section 2

 

3.                   Item 3 replaces the existing text of section 2, which deals with the application of the Acts Interpretation Act.  The new wording of section 2 will make it clear that the Acts Interpretation Act applies to all Commonwealth Acts, except in situations where there is a contrary intention in another Act. 

 

4.                   This general ‘contrary intention’ provision qualifies all relevant provisions of the Acts Interpretation Act.  As a result, there are a number of consequential amendments throughout this Bill which remove references to ‘contrary intention’ in other provisions in the Acts Interpretation Act (see for example items 14 and 17).

 

5.                   The Acts Interpretation Act is an Act of general application; however there are circumstances where other Commonwealth Acts will need to depart from the position outlined in the Acts Interpretation Act.  Where other Acts do so, this shows a contrary intention and the relevant provision in the Acts Interpretation Act will not apply to the extent of that contrary intention. 

 

6.                   Item 3 includes a note to subsection 2(1) to remind readers that the Acts Interpretation Act also applies to legislative instruments by operation of subsection 13(1) of the Legislative Instruments Act 2003 , and instruments which are neither legislative instruments for the purposes of the Legislative Instruments Act nor a rule of court by operation of subsection 46(1) of the Acts Interpretation Act.    

 

7.                   Item 3 also removes existing subsection 2(2) of the Acts Interpretation Act (about binding the Crown) and moves this into a separate section 2A.  The new wording is that ‘this Act binds the Crown in each of its capacities’, which is consistent with the Office of Parliamentary Counsel’s drafting direction.  This has the effect of binding the executive government of the Commonwealth, and of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, and, to the extent relevant, of each of the States.      

 



Item 4 - After Part I

 

Part 2 - Definitions

 

2B Definitions 

 

8.                   Item 4 inserts a new Part 2 in the Acts Interpretation Act containing definitions that are useful for interpreting other Commonwealth legislation.  The majority of the definitions are already in the Act, but the definitions have been consolidated and placed in alphabetical order so they are easier for readers to find.  Six definitions have been amended and a number of new definitions have been added by the Bill. 

 

9.                   The following definitions have been relocated within the Act without being substantively amended (in some instances the word ‘the’ has been removed from the start of the definition, but this does not change the operation of the definition).

 

·            acting SES employee (from section 17AA)

·            affidavit (from paragraph 27(b))

·            APS employee (from section 17AA)

·            Australia (from section 17.  The definition in section 17 is of Australia or the Commonwealth .  These concepts have been separated, but both remain in the Act)

·            calendar year (from section 22)

·            commencement  (from subsection 3(1))

·            Commonwealth (from section 17.  The definition in section 17 is of Australia or the Commonwealth .  These concepts have been separated, but both remain in the Act) 

·            Consolidated Revenue Fund (from section 17)

·            Constitution (from section 17) 

·            contravene (from section 22)

·            court exercising federal jurisdiction (from section 26)

·            estate (from section 22 - note the word ‘incumbrance’ has been changed to ‘encumbrance’)

·            Executive Council (from section 17)

·            external Territory (from section 17)

·            federal court (from section 26)

·            financial year (from section 22)

·            foreign country (from section 22)

·            Government Printer (from section 17)

·            High Court (from section 26)

·            individual (from section 22)

·            internal Territory (from section 17)

·            Jervis Bay Territory (from section 17)

·            justice of the Peace (from section 26)

·            land (from section 22 - note that the word ‘and’ has been omitted from before the word ‘whatever’ as it is not required.  The word ‘therein’ has also been replaced with ‘in them’)

·            Northern Territory (from section 17)

·            oath (from paragraph 27(b))

·            Parliament (from section 17)

·            prescribed (from section 17)

·            Proclamation (from section 17)

·            record (from section 25)

·            regulations (from section 17)

·            seat of Government (from section 17)

·            SES employee (from section 17AA)

·            State (from section 17)

·            statutory declaration (from section 27)

·            swear (from section 27)

·            United Kingdom (from section 18)

·            writing (from section 25).



10.               The following definitions have been substantively amended by the Bill.

 

11.               Calendar month is currently defined in section 22 as ‘a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month’.  This definition has been replicated at section 2G for the definition of month .  As a consequence, the definition of calendar month is being simplified in accordance with plain English drafting to ‘one of the 12 months of the year’.  This accords with contemporary understanding of the meaning of calendar month. 

 

12.               The current definition of court of summary jurisdiction in section 26 is cumbersome and includes elements that do not reflect the current formulation/operation of Australian Courts.  For example, there are no Commonwealth courts of summary jurisdiction and there are no Imperial Acts in force in Australia relevant in this context.  The Bill amends (and simplifies) the definition to reflect the status quo by providing that this type of court ‘means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction’. 

 

13.               The definition of document (currently found in section 25) is amended to insert a new paragraph (d) so the definition of document includes ‘a map, plan, drawing or photograph’ .  Under the current definition, there is an apparent inconsistency between paragraphs (a) and (b), and paragraph (c).  The former paragraphs appear to exclude photographs and other images, whereas the latter appears broad enough to capture these where they are contained on electronic media but not on paper. 



14.               It is not intended that ‘document’ would have a restricted meaning when used in Commonwealth law.  The amendments to this definition resolve this anomaly by broadening the definition to clearly include ‘a map, plan, drawing or photograph’.  It is intended that other forms of information, such as books or graphs, could also be covered.  The definition is consistent with the current definition of ‘document’ contained in the Evidence Act 1995 (see the Dictionary in that Act).  The amendment is also consistent with more modern Interpretation Acts, for example, section 38 of the Victorian Interpretation of Legislation Act 1984 .

 

15.               Gazette is currently defined in section 17 as ‘the Commonwealth of Australia Gazette , and includes the Australian Government Gazette published during the period commencing 1 July 1973 and ending immediately before the commencement of subsection 5(2) of the Acts Interpretation Amendment Act 1976 ’.  Given the length of time since publication of the Australian Government Gazette ceased, the Bill amends (and simplifies) the definition to reflect the post-1976 position of ‘the Commonwealth of Australia Gazette ’.   

 

16.               Section 17 of the Acts Interpretation Act currently provides a definition of Minister or Minister of State as meaning ‘one of the King’s Ministers of State for the Commonwealth’.  The reference to the Sovereign in this definition is unnecessary.  It is clear that ‘Ministers of State for the Commonwealth’ are Ministers appointed by the Governor-General to administer departments of State of the Commonwealth under section 64 of the Constitution.  While that section states that such officers ‘shall be the Kings/Queens Ministers of State for the Commonwealth’ they are referred to elsewhere in the Constitution as simply ‘Ministers of State’ (see for example sections 65 and 66). 

 

17.               Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth or Territory of Australia is currently defined in section 17 to include ‘a Territory administered by the Commonwealth under a Trusteeship Agreement’.  As Australia no longer administers any Territories under a Trusteeship Agreement, this part of the definition is considered to be unnecessary and can be removed without creating adverse effects.  Where it is necessary in individual Acts to make provision in relation to Territories formerly administered by the Commonwealth under a Trusteeship Agreement this can continue to be done expressly in that particular Act.  

 

18.               The Bill also inserts the following new definitions.

 

19.               Australian citizen is specified to have the same meaning as in the Australian Citizenship Act 2007, which can currently be found in section 4 of that Act (the new definition is intended to pick up both s 4(1) and (2) of the current definition in the Australian Citizenship Act 2007 ).  The term Australian citizen is used in numerous Commonwealth Acts without being defined.  For example, the Bankruptcy Act 1966 and Telecommunications (Interception and Access) Act 1979 .  This amendment ensures that the term is given a consistent and contemporary meaning across Commonwealth law.

 

20.               Business day is defined as ‘a day that is not a Saturday, a Sunday or a public holiday in the place concerned’.  There are over 200 references to ‘business day’ in Commonwealth legislation, many with differing definitions. The Acts Interpretation Act is a logical repository for this definition and will ensure that it can be applied consistently across the statute book. 

 

21.               Contiguous zone has the same meaning as in the Seas and Submerged Lands Act 1973 .  That Act provides that ‘contiguous zone’ has the same meaning as in Article 33 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982, which can be found in the Schedule to the Seas and Submerged Lands Act and provides:

1.  In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:

(a)   prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;

(b)   punish infringement of the above laws and regulations committed within its territory or territorial sea.

2.  The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

 

22.               The term ‘contiguous zone’ is used in the Migration Act 1958 and the Customs Act 1901 where it is also defined by reference to the Seas and Submerged Lands Act.  Including this definition in the Acts Interpretation Act avoids the need for it to be repeated in other legislation as well as ensuring consistency.  The inclusion of this definition fits well with existing Acts Interpretation Act provisions defining ‘Australia’ and ‘coastal sea’ and the new definitions of ‘continental shelf’, ‘exclusive economic zone’ and ‘territorial sea’ inserted by this Bill. 

 

23.               Continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.  That Act provides that ‘continental shelf’ has the same meaning as in paragraph 1 of Article 76 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982, which can be found in the Schedule to the Seas and Submerged Lands Act and provides:

 

1.  The continental shelf of a coastal State comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

2.  The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6.

3.  The continental margin comprises the submerged prolongation of the land mass of the coastal State, and consists of the sea-bed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.

4.    (a)   For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by either:

(i)  a line delineated in accordance with paragraph 7 by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope; or

(ii)  a line delineated in accordance with paragraph 7 by reference to fixed points not more than 60 nautical miles from the foot of the continental slope.

(b)   In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base.

5.  The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed, drawn in accordance with paragraph 4(a)(i) and (ii), either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 metre isobath, which is a line connecting the depth of 2,500 metres.

6.  Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. This paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its plateaux, rises, caps, banks and spurs.

7.  The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by co-ordinates of latitude and longitude.

8.  Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf . The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding.

9.  The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information, including geodetic data, permanently describing the outer limits of its continental shelf. The Secretary-General shall give due publicity thereto.

10. The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts.

 

24.               The term ‘continental shelf’ is referred to in a diverse array of Commonwealth legislation.  Given the importance of the term and its relationship to concepts such as ‘Australia’ and ‘coastal sea’, it is appropriate to include a cross-reference in the Acts Interpretation Act to the Seas and Submerged Lands Act definition. 

 

25.               It makes sense for the definition to remain co-located with the relevant provisions of the Convention in the schedule to the Seas and Submerged Lands Act.  However, including a cross-reference in the Acts Interpretation Act will make it easier for users of Commonwealth legislation that includes this term to find its definition, avoid the need for the definition to be repeated in other legislation as well as ensuring consistency. 

 

26.               Exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973 .  That Act provides that ‘exclusive economic zone’ has the same meaning as in Articles 55 and 57 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982, which can be found in the Schedule to the Seas and Submerged Lands Act.  Article 55 provides:

 

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

 

27.               Article 57 provides that ‘the exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured’.

 

28.               This is a term that is used in a wide variety of Commonwealth legislation.  For example, in the Environment Protection and Biodiversity Conservation Act 1989 and the Fisheries Management Act 1991 .  Including this definition in the Acts Interpretation Act avoids the need for it to be repeated in other legislation as well as ensuring consistency.

 

29.               Insolvent under administration has the same meaning as in the Corporations Act 2001 .  This outlines a range of scenarios, such as where a person is bankrupt under the Bankruptcy Act 1966 or a law of an external Territory.  While the Corporations Act definition has been relied on in other legislation, such as section 10B of the Social Security Act 1991, there are a number of other Acts in which this term is undefined or has a stand-alone definition (see for example section 4 of the Customs Act 1901 ).  The differences between the definitions are generally minor and some of the stand-alone definitions are the same as each other.  A cross-reference to the Corporations Act definition in the Acts Interpretation Act will reduce the likelihood of further definitions and ensure consistency for undefined and new uses of this term.  

 

30.               Modifications is defined as ‘in relation to a law, includes additions, omissions and substitutions.’  This definition is being included to support references to ‘modifications’ in other Commonwealth legislation.  For example, provisions that allow regulations or other instruments to modify provisions of an Act in certain circumstances. 

 

31.               Penalty unit has the same meaning as in section 4AA of the Crimes Act 1914 .  This is a term widely used in Commonwealth legislation for both criminal and civil penalties and it will assist readers to find the meaning if it is cross-referenced in the Acts Interpretation Act. 

 

32.               There are currently numerous references to ‘Standards Association of Australia’ and ‘Standards Australia International Limited’ in Commonwealth legislation.  However, there is only one ‘Standards Australia’ and standards series being referred to in each case.  The Bill introduces a new definition of Standards Australia to provide clarity on this and reduce future proliferation of inconsistent provisions dealing with Australian Standards.  The consequential amendments to this Bill will replace, where appropriate, existing references to ‘Standards Association of Australia’ and ‘Standards Australia International Limited’ with references to ‘Standards Australia’. 

 

33.               Territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973 .  That Act provides that ‘territorial sea’ has the same meaning as in Articles 3 and 4 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982 which can be found in the Schedule to the Seas and Submerged Lands Act.  Article 3 provides that ‘every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention’.  Article 4 provides that ‘the outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea’.

 

34.               The term ‘territorial sea’ is used in a wide variety of Commonwealth legislation and is complementary to existing section 15B of the Acts Interpretation Act which deals with the application of Acts in the coastal sea, as well as the new definitions of ‘continental shelf’ and ‘contiguous zone’ being introduced by this Bill.  Including this definition in the Acts Interpretation Act avoids the need for it to be repeated in other legislation as well as ensuring consistency.

 



Other definitions and rules of interpretation

 

35.               New section 2B provides cross-references to definitions in Part 2 that are dealt with in separate sections.  For example, new section 2C deals with references to persons, therefore readers looking for a definition of ‘person’ in section 2B are referred to section 2C.

 

36.               There are also rules of interpretation contained in the Acts Interpretation Act that were not appropriate to move to the new part containing definitions.  These rules, as with all definitions in Part 2, apply to all Commonwealth legislation; therefore they have been cross-referenced in section 2B (for example, readers that look for a definition of ‘Governor-General’ in section 2B are referred to section 16A which deals with references to the Governor-General in Commonwealth legislation).

 

37.               There are also some definitions which have been kept in the section where they are currently found because they only apply to that particular section of the Acts Interpretation Act (see for example the definition of office and officer in section 21 and the definition of office in subsection 33A(2)), and do not have general application across all Commonwealth legislation.     

 

2C References to persons

 

38.               The text of this provision has been taken from existing paragraph 22(1)(a) and subsection 22(2).  This text is being moved as it relates to interpretation of expressions used to denote persons, companies, corporations or bodies corporate and is best located within new Part 2 of the Acts Interpretation Act.  The meaning has not been changed. 

 

2D References to de facto partners  

 

39.               The text of this provision has been taken from existing section 22A.  The text is being moved as it relates to interpretation of the term de facto partner , however the meaning has not been changed. 

 

2E Registered relationships  

 

40.               The text of this provision has been taken from existing section 22B.  The text is being moved as it relates to interpretation of the term registered relationship , however the meaning has not been changed. 

 

2F De facto relationships

 

41.               The text of this provision has been taken from existing section 22C.  The text is being moved as it relates to interpretation of the term de facto relationship , however the meaning has not been changed.  

 

2G Months

 

42.               Section 22 of the Acts Interpretation Act currently defines calendar month .  The new provision defining month expands on this existing section 22 definition to make it clear how to measure a period of two or more months.  The new provision provides greater legal certainty on interpreting the term ‘month’ in Commonwealth legislation.  See paragraph 22 above for an outline of the amended definition of ‘calendar month’. 

 

2H References to law of the Commonwealth 

 

43.               The text of this provision has been taken from existing subsection 22(3).  The text is being moved as it relates to interpretation of the phrase law of the Commonwealth , however the meaning has not been changed. 

 

44.               The phrase ‘unless the contrary intention appears’ has been deleted due to the amendments made to section 2 by item 3. 

 

2J Documents commencing proceedings 

 

45.               The text of this provision has been taken from existing section 27A.  The text is being moved as it relates to the types of documents that can be used to commence court proceedings, however the meaning has not been changed.

 

2K Rules of court 

 

46.               The text of this provision has been taken from existing section 28.  The text is being moved as it relates to the interpretation of the term rules of court , however the meaning has not been changed.  

 

47.               The phrase ‘unless the contrary intention appears’ has been deleted due to the amendments made to section 2 by item 3.

 

2L References to Australian Standards  

 

48.               This new section clarifies references to Australian Standards publication of standard numbers.  See paragraph 43 above for an explanation of the new definition of ‘Standards Australia’.

 

Item 5 - Part II (heading)

 

49.               Item 5 updates the heading of what is currently ‘Part II Commencement of Acts’ to re-number it Part 3 due to the insertion of the new Part 2 containing definitions (see item 4) and removes the Roman numeral as the numbering of all parts of the Act is being updated to Arabic numbering to reflect current drafting practice. 

 

Item 6 - Subsection 3(1)

 

50.               Item 6 repeals subsection 3(1) as this deals with the definition of commencement which has been moved to the new ‘Part 2 Definitions’ inserted by this Bill (see item 4).  The heading of section 3 is being changed from ‘ Meaning of commencement ’ to ‘ When Acts come into operation ’ as the remaining subsection (subsection 3(2)) deals with this. 

 



Item 7 - Subsection 3(2)

 

51.                Subsection 3(2) deals with the commencement of Acts.  The wording of the introductory sentence is being changed so that instead of referring to Acts and instruments made under an Act, it only specifies commencement for an Act or a provision of an Act. 

 

52.               This commencement provision would still apply to non-legislative instruments made under an Act by virtue of the rule in subsection 46(1) of the Acts Interpretation Act.  Subsection 46(1) provides that the Acts Interpretation Act applies to a non-legislative instrument made under an Act as if it was an Act and as if each provision were a section of an Act (an equivalent provision for legislative instruments exists in subsection 13(1) of the Legislative Instruments Act 2003 ).



53.               Item 7 also removes the subsection numbering from section 3.  It is no longer required as the content of subsection 3(1) is being moved to ‘Part 2 Definitions’ (see items 4 and 6).  

 

Item 8 - After section 3

 

54.               A new section 3A is being added which will replace existing section 5 of the Act (section 5 is repealed by item 10).  This section logically follows section 3, as it deals with the commencement of Acts. 

 

55.               Section 3A contains no equivalent to existing subsection 5(1).  This subsection provided for Acts that received Royal Assent on or before 31 December 1937.  It will rarely, if ever, be necessary to refer to this subsection.  Removal of this provision will make the position clearer and ensure that greater emphasis is placed on the current default rule.  

 

56.               New section 3A provides that the section does not apply to an Act that contains commencement provisions.  The current drafting practice is to specifically provide for the commencement of Acts. 

 

57.               However, in a case where an Act does not specify when it commences, the Acts Interpretation Act provides that it will commence on the 28 th day after it receives Royal Assent.  This provision operates in the same way as the existing subsection 5(1A).

 

58.                Where an Act is amending the Constitution, it commences on the day of Royal Assent.  This is consistent with the existing subsection 5(1B).

 

59.               Section 60 of the Constitution provides that a law reserved for the Queen’s pleasure has no effect unless the Queen’s assent is made and known and existing subsection 5(2) provides that such a law comes into operation on the day the assent is proclaimed in the Gazette .  In accordance with current drafting practice, any law reserved for the Queen’s pleasure will provide for its own commencement and it is unnecessary to include a specific rule in the Acts Interpretation Act for this occurrence.   

 

Item 9 - Section 4

 

60.               Item 9 re-writes section 4 which deals with the exercise of certain powers between passing and commencement of an Act.  Currently section 4 contains the phrase ‘comes into operation’ which is not defined in the Acts Interpretation Act.  These words are being replaced with ‘commence’ as ‘commencement’ is a term that is defined in existing subsection 3(1) of the Act (this definition is being moved to new section 2B by item 4 of this Bill).  Existing subsection 3(2) makes it clear that the terms ‘come into operation’ and ‘commence’ are intended to be used interchangeably. 

 

61.                The term ‘come into operation’ was considered in the case of Alexandra Private Geriatric Hospitals Pty Ltd v Blewett (1984) 56 ALR 265 and was held to mean ‘ had commenced as a matter of law’.  To enhance the internal coherency and clarity of the Acts Interpretation Act, the phrase ‘come into operation’ has been removed from the Acts Interpretation Act (where appropriate) and replaced with the term ‘commence’ wherever appearing.

 

62.               Item 9 inserts a new subsection 4(4) to clarify that the exercise of a power under subsection 4(2) (which concerns the exercise of power between the passing and commencement of an Act) does not confer a power or right or impose an obligation except in the limited circumstances listed in new subsection 4(4).  These circumstances are ‘bringing the appointment or instrument into effect’, or ‘bringing the Act concerned into operation’, or ‘making the Act concerned or the other Act as amended fully effective at or after the commencement of the Act concerned’.  This provides some administrative flexibility, but ensures that no substantive matters occur until after commencement.    

 

63.               This provision is consistent with section 13 of the Victorian Interpretation of Legislation Act 1984 and section 25 of the Western Australian Interpretation Act 1984 .

 

64.               Existing subsection 4(3), which deals with when an Act commences on a date fixed by Proclamation, has not been included in new section 4.  This is because current drafting practice is for commencement provisions in Acts to commence on Royal Assent where the rest of the Act commences by Proclamation, so this subsection is no longer required.

 

65.               Existing subsection 4(6), which deals with the application of the section to instruments of legislative character, has also not been included in new section 4.  This is because subsection 13(1) of the Legislative Instruments Act 2003 says that the Acts Interpretation Act applies to any legislative instruments as if it were an Act.  

 

Item 10 - Section 5

 

66.               Item 10 repeals section 5 because a new section on commencement replacing section 5 is being added by item 8. 

 

Item 11 - Section 6

 

67.               Section 6 refers to the ‘King’s assent’.  As Australia currently has a Queen, rather than a King, and to avoid the need to update this section any time this changes in the future, the provision is being amended to refer to the ‘Sovereign’s assent’.  Pursuant to section 16 of the Acts Interpretation Act (which deals with the interpretation of references to the Sovereign in Acts), this will be interpreted as a reference to the Sovereign at the time. 

 

68.               The heading to section 6 is being altered by removing the reference to proclamations as the section only deals with assent. 

 

Item 12 - Part III (heading)

 

69.               The heading for Part III is being changed from ‘Repeal and expiration of Acts’ to ‘Part 4 - Amendment, repeal and expiry of Acts.’  Item 13 inserts a new provision about the effect of repeal or amendment of an Act, therefore the new heading provides a better description of the content of Part 4 of the Act. 

 

70.               The third part of the Act becomes the fourth due to the insertion of the new Part 2 dealing with definitions (see item 4) and the Roman numeral is removed as the numbering of all parts of the Act is being updated to Arabic numbering to reflect current drafting practice.  

 

Item 13 - Sections 7 to 9

 

71.                Sections 7 to 9 are being repealed and replaced by a new provision dealing with the effect of repeal or amendment of Acts that is drafted in a way that is easier for the reader to understand.  The section does not depart from the existing operation of sections 7 to 8C.   

 

  • New subsection 7(1) has the same effect as existing section 7 of the Acts Interpretation Act. 
  • New subsection 7(2) has the same effect as existing section 8 of the Acts Interpretation Act.  However, it is recast so that the specified consequences of repeal are clearly expressed to apply to both repeal and amendment.  The definition of implied repeals in existing section 8A was intended to encompass amendments that are equivalent in their effect to repeal.  The direct inclusion of amendments in new subsection 7(2) is likely to be more easily understood by readers than a reference to implied repeal. 
  • New subsection 7(3) has the same effect as existing sections 8A and 8B of the Acts Interpretation Act. 
  • New subsection 7(4) has the same effect as existing section 8C of the Acts Interpretation Act. 

 

72.               The new section 7 makes it clear that repeal of an amending Act does not affect the operation of any amendments already made by that Act.

 

73.               Existing section 9, which deals with repealed Acts being in force until substituted provisions operate, is being repealed because it is redundant.  Current drafting practice is to always make it clear when repealed provisions cease to have effect.  Therefore there should never be any doubt about the timing of repeal and substitution. 

 

Item 14 - Section 10

 

74.               This amendment removes the words ‘unless the contrary intention appears’ from section 10 due to the amendments made to section 2 by item 3.

 



Item 15 - Paragraph 10(b) 

 

75.               Item 15 deletes the text in paragraph 10(b) starting at ‘and, where, in connexion’ through to ‘corresponding provisions’.  Item 16 inserts replacement text into a new paragraph 10(c). 

 

Item 16 - At the end of section 10

 

76.               Section 10 concerns references to amended or re-enacted Acts.  Item 16 inserts a new paragraph 10(c) to replace and extend the text currently found in paragraph 10(b) (being removed by item 15).

 

77.               A current limitation of section 10 is that it does not provide for a situation in which a particular provision or provisions are repealed and re-enacted, as opposed to an entire Act.  For example, if section 5A of the hypothetical ‘ Pears Act 2005 ’ is re-enacted as section 6, there is no provision to read a reference to former section 5A as a reference to the new section 6.  This amendment fixes this problem to ensure the continuation and effectiveness of a cross-reference to a provision in the same way that cross-references to Acts are currently provided for. 



78.               A similar amendment is being made to section 10A at item 19.   

 

Item 17 - Section 10A

 

79.               This amendment removes the words ‘unless the contrary intention appears’ from section 10A due to the amendments made to section 2 by item 3.   

 

Item 18 - Paragraph 10A(b)

 

80.               Item 18 deletes the text in paragraph 10A(b) starting at ‘and, where, in connection’ through to ‘corresponding provisions’.  Item 19 inserts replacement text into a new paragraph 10A(c). 

 

Item 19 - At the end of section 10A

 

81.               Section 10A concerns references to amended or re-enacted laws of States and Territories.  Item 19 inserts a new paragraph 10A(c) to replace and extend the text currently found in paragraph 10A(b) (being removed by item 18). 

 

82.               A current limitation of section 10A is that it does not provide for a situation in which a particular provision or provisions is repealed and re-enacted, as opposed to an entire Act.  For example, if section 5A of the hypothetical ‘ Pears Act 2005 ’ is re-enacted as section 6, there is no provision to read a reference to former section 5A as a reference to the new section 6.  This amendment fixes this problem to ensure the continuation and effectiveness of a cross-reference to a provision in the same way that cross-references to Acts are currently provided for. 

 

83.               A similar amendment is being made to section 10 at item 16.

 

Item 20 - Section 11

 

84.               Section 11, which deals with the expiration of an Act, is being repealed because the new section 7 (see item 13) covers the situation to which section 11 is directed.  Under new subsection 7(2) expiration of an Act or provision does not affect any legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment.  Further, any such legal proceeding or remedy may be instituted or enforced, and any such penalty, forfeiture or punishment imposed as if the Act had not expired. 

 

85.               While section 11 is technically broader, as a civil proceeding need not concern a right, privilege, obligation, liability, penalty, forfeiture or punishment to remain on foot, in practice a legal proceeding would always concern one of these things.  As such, section 11 is redundant.

 

86.               Item 20 also relocates existing sections 14, 14A and 15 to the end of Part 4.  These provisions deal with the amendment of Acts and logically sit under ‘Part 4 - Amendment, repeal and expiry of Acts’.  Locating these provisions with sections 10 and 10A will make the provisions easier to find and understand than in their current location in Part IV (General provisions) (which is re-named ‘Part 5 - General interpretation rules’ - see item 21). 

 

87.               Item 20 relocates existing section 14 (new section 11) to Part 4 without amendment.

 

88.               Item 20 modifies existing section 14A (new section 11A) to provide that when a new definition is added to an Act, or a new item is added into an existing list or table in an Act that is organised alphabetically, in both instances the addition should be made in alphabetical order (existing section 14A currently provides that this is the case for definitions, but does not deal with adding items to a list or table).

 

89.               Finally, item 20 modifies existing section 15 (new section 11B) to clarify how the provision is intended to operate for the purposes of working out the meaning of

 

(a)     terms used in an amending Act that amends two or more Acts; or

(b)    terms that are used in an amending Act and are defined for only some provisions (or are defined differently for different provisions) of the amended Act. 

90.               New subsection 11B(2) is intended to clarify that terms used in non-amending provisions of amending Acts have the same meanings as in the principal Act.  This is particularly relevant where a single amending Act amends several principal Acts.  For example, suppose item 1 of an amending Schedule amends a provision of the Criminal Code Act 1995 that defines ‘serious offence’ and item 2 of the amending Schedule says that the amendment made by item 1 applies to serious offences committed on or after commencement.  Proposed subsection 11B(2) would mean that the term ‘serious offence’ can be used in item 2 without definition as it would have the same meaning as in the provision of the Criminal Code Act 1995 .

 

Item 21 - Part IV (heading)

 

91.               Item 21 renames what is currently titled ‘Part IV General provisions’ so it instead becomes ‘Part 5 - General interpretation rules’.  The change to the name is to better reflect the revised content of the part.  The fourth part of the Act becomes the fifth due to the insertion of the new Part 2 dealing with definitions (see item 4) and the Roman numeral is removed as the numbering of all parts of the Act is being updated to Arabic numbering to reflect current drafting practice. 

 

Item 22 - Sections 13 to 15

 

92.               Item 22 repeals sections 13 to 15 and inserts a new section 13.  Item 20 relocates sections 14, 14A and 15 to Part 4.  Section 14B has been repealed.  

 

93.               New section 13 states that all material in an Act, from the first section to the end of the last Schedule, is part of the Act.  Certain material appearing before section 1 is also part of the Act.  New section 13 is intended to capture all headings (including the heading to the first section of the Act) and explanatory notes within the Act.  Historically in the United Kingdom and the Australian colonies, elements like marginal notes and section headings were added to the text of a Bill after passage through Parliament, and the current subsection 13(3) reflects this history.  However, from federation, marginal notes and section headings have been included in Bills as part of the text considered by the Commonwealth Parliament.  They are able to be amended by Parliament or under the supervision of Parliament.  It is appropriate for this material to be treated as part of the Act, and given appropriate weight in interpreting the terms of the Act.  This weight will ordinarily be less than the words of the section itself, given the function of such notes and section headings (see Wacando v The Commonwealth (1981) 148 CLR 1 at 16, Gibbs CJ). 

 

94.               New section 13 will apply to all Acts from the commencement of the amendment and will provide all material from and including the first section of an Act to the end of the last section of the Act or of the last Schedule to the Act is part of the Act.  This means for example that section headings within the Act (which have been treated as not forming part of the Act because of existing subsection 13(3)) will become part of the Act from the commencement of the amendment.  This is unlikely to have the effect that material that was not included in the text of a Bill presented before the Commonwealth Parliament will become part of existing Acts, given that the practice has in fact been to include this material in the text of the Bill presented to Parliament. Rather, the effect will simply be that words in Acts which were in the text of a Bill presented to Parliament will now be treated as part of the Act. 

 

95.               This change is likely to make little practical difference to the interpretation of Commonwealth Acts.  Currently anything in the text of an Act can be taken into account in the interpretation of the Act, even if it does not form part of the Act under existing subsection 13(3) (see paragraph 15AB(2)(a)).  New section 13 will enable section headings and explanatory notes within the Act, as set out in new section 13, to be used in interpreting the Act without the need for recourse to section 15AB.    

 

96.               New section 13 would not prescribe how much weight (if any) should be given to particular material forming part of an Act in interpreting the Act.  Of course, primacy should normally be given to the substantive provisions of an Act over headings and explanatory notes in interpreting an Act.    

 

97.               When an Act is published (in electronic or printed form), end notes and other references or information are often added.  This information is not part of the Act (though it may form part of the context for interpretation under section 15AB of the Acts Interpretation Act).

 

98.               Section 14B, which concerns the commencement of paragraphs etc. in amending Acts, is being repealed.  The Office of Parliamentary Counsel generally include at section 2 and 3 of an amending Bill, provisions that outline the specific commencement dates for each provision of an Act (including amendments to items in a Schedule to an Act).  As this covers what is currently achieved by section 14B, this section is no longer required.   

 

Item 23 - Section 15AA

 

99.               Section 15AA, which deals with interpretation of Acts, is currently expressed in absolute terms, ie. a construction that will promote the purpose of an Act is to be preferred to one that will not.  Section 15AA does not address the situation where there is a choice between two or more constructions that will promote Parliament’s purpose. 

 

100.           The limited nature of section 15AA was confirmed by three High Court judges in a case on the equivalent Victorian provision (see Chugg v Pacific Dunlop Pty Ltd (1990) 95 ALR 481 at 489, Dawson, Toohey and Gaudron JJ). 

 

101.           Therefore section 15AA is being amended to provide that a court is to prefer the construction of an Act that will ‘best achieve’ the purpose or object of the Act. 

 

Item 24 - Section 15AD

 

102.           Section 15AD provides that examples in Commonwealth Acts are not exhaustive and if an example in a Commonwealth Act ‘is inconsistent with the provision, the provision prevails’.  The paragraph about examples not being exhaustive is being retained (paragraph 15AD(a)), but paragraph 15AD(b) is being amended so that instead of inconsistent examples being overridden by the provision, examples will be specified as not exhaustive and also capable of extending the operation of provisions. 

 

103.           If Parliament has enacted an example in a Commonwealth Act, this shows an intention that the example should be covered whether or not it strictly falls within the scope of the provision.  However, the amended provision will state that the example ‘ may extend the operation of the provision’ so that a court can assess whether this is in fact appropriate when interpreting a particular provision that includes an example.

 

104.           The amendment brings the Acts Interpretation Act in line with more recent Acts Interpretation Acts in the States and Territories.  For an example of a similar provision, see subsection 132(1) of the Australian Capital Territory Legislation Act 2001

 

Item 25 - Subsections 15B(1) to (3)

 

105.           Section 15B of the Acts Interpretation Act is about the application of Acts in the coastal sea.  Subsections (1) to (3) are being re-written in clearer language (and will become subsections (1), (2), (3) and (3A)).  It is not intended that the effect of this provision will change.

 

106.           The heading ‘Definition’ is also being inserted before subsection 15B(4) as this subsection contains a definition of ‘coastal sea’. 

 

Item 26 - Paragraph 15C(b)

 

107.           This amendment removes the words ‘except so far as the contrary intention appears’ from paragraph 15C(b) due to the amendments made to section 2 by item 3.  

 

Item 27 - Part V (heading)

 

108.           Item 27 removes the heading ‘Part V Words and references in Acts’.  Many of the provisions in this Part have been relocated to the new Part 2 dealing with definitions (see item 4).  The remaining provisions fit well within the new title of Part 5, which is ‘General interpretation rules’. 

 

Item 28 - Section 16

 

109.           This amendment removes the words ‘unless the contrary intention appears’ from section 16 due to the amendments made to section 2 by item 3.

 

Item 29 - Section 16A

 

110.           This amendment removes the words ‘unless the contrary intention appears’ (wherever occurring) from section 16A due to the amendments made to section 2 by item 3.

 

Item 30 - Section 16B

 

111.           This amendment removes the words ‘unless the contrary intention appears’ from section 16B due to the amendments made to section 2 by item 3.  

 

Item 31 - Subsection 16C(2)

 

112.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 16C(2) due to the amendments made to section 2 by item 3.  

 

Item 32 - Subsection 16C(3)

 

113.           This amendment removes the words ‘Unless the contrary intention appears, a’ from subsection 16C(3) and substitutes these with ‘A’ due to the amendments made to section 2 by item 3.

 

Item 33 - Sections 17, 17AA and 18



114.           Sections 17 and 17AA are being repealed because all the definitions contained in these sections have been moved to the new ‘Part 2 Definitions’ inserted by this Bill (see item 4).  The only exception is the definition of The Constitution Act currently found in paragraph 17(d) (which is defined to mean the ‘ Commonwealth of Australia Constitution Act’ ).  There is only one reference to the ‘ Constitution Act ’ in Commonwealth legislation, which is found in the Preamble to the Northern Territory Acceptance Act 1910 .  That reference is replaced with the ‘ Commonwealth of Australia Constitution Act ’ by Schedule 2 to this Bill, therefore the definition is no longer needed. 

 

115.           Section 18 is being repealed because the definition of The United Kingdom has been moved to the new ‘Part 2 - Definitions’ inserted by this Bill (see item 4) and the definition of British possession is being moved to the Crimes Act 1914 , as this term is only used in the Crimes Act. 

 

Item 34 - Section 18A

 

116.           This amendment removes the words ‘unless the contrary intention appears’ from section 18A due to the amendments made to section 2 by item 3.

 

Item 35 - Section 18B

 

117.           Item 35 re-writes section 18B, about chair and deputy chair titles (eg. Chair, Chairperson, deputy Chairman, Deputy Chairwoman), in clearer language. 

 

Item 36 - Section 18C

 

118.           Item 36 repeals section 18C.  Section 18C, concerning Ministerial authorisation to perform statutory functions or powers, is being moved to before section 34AA (see item 81) so that it is co-located with sections 34AA, 34AB and 34A which concern the delegation of statutory functions or powers. 

 

Item 37 - Paragraph 19A(1)(ab)

 

119.           Section 19A deals with when Commonwealth Acts make references to Ministers and Departments.  Item 37 amends paragraph 19A(1)(ab) to make it clear that where an Act refers to a particular Minister and there is no longer any such Minister, this is also covered by subsection 19A(1).  In those circumstances,  the reference will be taken, subject to a contrary intention, to be a reference to the administering Minister (or any one of the administering Ministers if there is more than one).  This will allow the relevant Minister or Ministers to be determined by reference to the Administrative Arrangements Order, without the need for an order to be made under section 19B.   

 

Item 38 - Subsection 19A(1)

 

120.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 19A(1) due to the amendments made to section 2 by item 3.

 

Item 39 - Subsection 19A(3)

 

121.           Item 39 re-writes subsection 19A(3), which deals with when Commonwealth Acts makes references to Departments.  The revised provision provides for situations when an Act refers to a particular Department (in the same way as subsection 19A(1) deals with references to a particular Minister) and is drafted more clearly. 

 

122.           Particular Departments (or Ministers) are not generally specified in legislation, however some specific references will remain.   The effect of this amendment will be that where legislation refers to a particular Department, including a Department that no longer exists, then subject to a contrary intention, the reference to the particular Department will be taken to be a reference to the administering Department.  This will avoid the need for an order to be made under section 19B or 19BA when a particular Department specified in legislation is abolished or its name is changed, or when there is a change in the matters dealt with by the Department under the Administrative Arrangements Order.     

 

Item 40 - Subsections 19B(1), (2) and (3)

 

123.           Orders made under section 19B update references in legislation to a particular Minister, Department or Secretary of a Department where there is no longer such a Minister or the Department is abolished or name changed. 

 

124.           The modern approach to drafting is to refer as much as possible to the Minister or the Department or the Secretary of the Department generally, and not a specific named Minister or Department or Secretary.  This allows section 19A and the Administrative Arrangements Order made by the Governor-General to determine the relevant Minister and Department and Secretary of the Department.  However there are still a range of references to a specific Minister or Department or Secretary in legislation.  Section 19B orders enable legislation which includes such specific references, but where there is no longer such a Minister or Department, to be read and operate consistently with responsibilities as allocated under the Administrative Arrangements Order without the need to amend the legislation, which can be a lengthy process. 

 

125.           Current orders operate 'on and from the date of the order'.  They therefore cannot be retrospective.  This amendment to subsections 19B(1), (2) and (3) allows the orders to apply retrospectively so that any past 'gaps' can be remedied.  That is, the orders could update any references to Ministers, Departments and Secretaries (where there is no longer any such Minister or Department or office) in legislation that have not been appropriately and fully updated.  In the absence of such a retrospective operation, where there are gaps in past orders, or their operation is unclear, legislation which includes specific references may not be able to have an effect, or its effect may be unclear, or it may not reflect the actual internal Commonwealth arrangements.  To avoid such clearly inappropriate results, the ability to make retrospective orders is warranted. 

 

126.           There are other legislative provisions that allow for retrospectivity in the context of machinery of Government changes.  For example, subsection 32(8) of the Financial Management and Accountability Act 1997 allows for the transfer of appropriations to be made retrospectively. 

 



Item 41 - Subsections 19BA(1), (2) and (3)

 

127.           Orders made under section 19BA update references in legislation to a particular Minister, Department or Secretary of a Department where they are inconsistent with changed arrangements under the Administrative Arrangements Order

 

128.           The modern approach to drafting is to as much as possible refer to the Minister or the Department or the Secretary of the Department generally, and not a specific named Minister or Department or Secretary.  This allows section 19A and the Administrative Arrangements Order made by the Governor-General to determine the relevant Minister and Department and Secretary of the Department.  However there are still a range of references to a specific Minister or Department or Secretary in legislation.  Section 19BA orders update references in legislation to a particular Minister, Department or Secretary of a Department where there has been a change in the administration of the provision and the reference to that Minister or Department is no longer appropriate.    This saves the need to amend the legislation, which can be a lengthy process. 

 

129.           Current orders operate 'on and from the date of the order'.  They therefore cannot be retrospective.  This amendment to subsections 19BA(1), (2) and (3) allows the orders to apply retrospectively so that any past 'gaps' can be remedied.  That is, the orders could update any references to Ministers, Departments and Secretaries in legislation that have not been appropriately and fully updated to reflect changed arrangements under the Administrative Arrangements Order.  In the absence of such a retrospective operation, where there are gaps in past orders, or their operation is unclear, legislation which includes specific references may not be able to have an effect, or its effect may be unclear, or it may not reflect the actual internal Commonwealth arrangements.  To avoid such clearly inappropriate results, the ability to make retrospective orders is warranted. 

 

130.           There are other legislative provisions that allow for retrospectivity in the context of machinery of Government changes.  For example, subsection 32(8) of the Financial Management and Accountability Act 1997 allows for the transfer of appropriations to be made retrospectively. 

 

Item 42 - Subsection 19BB(2)

 

131.           Section 19BB allows orders made under sections 19B and 19BA to be revoked by the Governor-General in whole or in part.  Orders made under sections 19B and 19BA update references in legislation to a particular Minister, Department or Secretary of a Department so that they can be read consistently with responsibilities as allocated under the Administrative Arrangements Order. 

 

132.           Item 42 amends subsection 19BB(2) consistently with the amendments made to sections 19B and 19BA by items 40 and 41.  



Item 43 - After section 19BC

 

133.           Item 43 inserts a new section in the Acts Interpretation Act dealing with the validity of acts done by Ministers.  New section 19BD is intended to cover situations where a function, duty or power is conferred on one Minister by an Act, and a second Minister purports to perform the function or duty or exercise the power.  This might arise where there is a misunderstanding about allocation of responsibilities under the Administrative Arrangements Order, or in the orders made under section 19B and 19BA.

 

134.           New section 19BD is limited to a power, function or duty that is imposed ‘by an Act’.  This includes impositions where the particular Minister is identified by operation of sections 19A, 19B, 19BA and new 34AAB (old 18C) of the Acts Interpretation Act itself.  This provision (like other provisions) applies subject to a contrary intention (new subsection 2(2)). This provision (like other provisions) also has operation under subsection 46(1), and subsection 13(1) of the Legislative Instruments Act 2003.

 

135.           New section 19BD does not validate acts done by the Minister purporting to perform a function or duty or exercise a power of another Minister for all purposes (that is, the act could be invalid for a range of other reasons).  Further, it does not authorise or allow Ministers to perform functions or duties or exercise powers that do not fall within their areas of responsibility.  For example, it does not overcome the need for an Administrative Arrangements Order to set out the internal government arrangements, which is then picked up by section 19A of the Act.  These internal government administrative arrangements will still need to be put into place, and will operate to allocate Ministerial responsibilities.

 

136.           New section 19BD merely provides that, in the event that a Minister does purport to perform a function or duty or exercise a power of another Minister, the action is not invalid merely for this reason (see Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355).  Invalidity is not an appropriate result for a failure to comply with internal government administrative arrangements. 

 

137.           The provision is intended to operate consistently with the convention of collective responsibility, which is part of the Cabinet system of Government. 

 

Item 44 - Section 20

 

138.           This amendment removes the words ‘unless the contrary intention appears’ from section 20 due to the amendments made to section 2 by item 3.

 

Item 45 - Section 20

 

139.           Section 20 of the Acts Interpretation Act deals with when an Act mentions an officer holding or occupying a particular office or position.  For consistency, the amendment to section 20 clarifies that a person can ‘hold’ an office or position, as the wording currently only refers to ‘occupy’ an office or position. 

 

Item 46 - Section 20

 

140.           Section 20 of the Acts Interpretation Act deals with when an Act mentions an officer holding or occupying a particular office or position.  Item 46 amends section 20 so that it no longer refers to ‘said office’.  Instead it will just say ‘office’ as the word ‘said’ is superfluous. 

 



Item 47 - Subsection 21(1)

 

141.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 21(1) due to the amendments made to section 2 by item 3.  

 

Item 48 - Sections 22 to 22C

 

142.           Sections 22 to 22C are being repealed because all the definitions contained in these sections have been moved to the new ‘Part 2 - Definitions’ inserted by this Bill (see item 4). 

 

Item 49 - Section 23

 

143.           This amendment removes the words ‘unless the contrary intention appears’ from section 23 due to the amendments made to section 2 by item 3.  

 

Item 50 - Section 25

 

144.           Section 25 is being repealed because the definitions contained in this section ( document , record and writing ) have been moved to the new ‘Part 2 - Definitions’ inserted by this Bill (see item 4).

 

Item 51 - Subsection 25B(1)

 

145.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 25B(1) due to the amendments made to section 2 by item 3.  

 

Item 52 - Subsection 25B(1A)

 

146.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 25B(1A) due to the amendments made to section 2 by item 3.

 

Item 53 - Subsection 25B(2)

 

147.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 25B(2) due to the amendments made to section 2 by item 3.

 

Item 54 - Section 25C

 

148.           This amendment removes the words ‘unless the contrary intention appears’ from section 25C due to the amendments made to section 2 by item 3.

 

Item 55 - Section 25E

 

149.           Item 55 repeals section 25E.  Section 25E, which deals with how the attainment of a particular age is assessed, is being moved to Part 8 (see item 95) as it is currently located with an unrelated provision on the content of statements of reasons for decisions.  The content of section 25E fits more logically with the other provisions in Part 8 concerning distance and time.  The content of section 25E is not being changed. 

 

Item 56 - Part VI (heading)

 

150.           The heading of Part VI is being changed from ‘Judicial expressions’ to ‘Part 6 - Service of documents’ because the definitions in sections 26, 27, 27A and 28 have been moved to the new ‘Part 2 - Definitions’ inserted by this Bill (see items 4 and 57).  The remaining sections in this Part (sections 28A and 29) both deal with service of documents, therefore this is an appropriate new heading for this Part of the Acts Interpretation Act.  The numbering of all the Parts in the Acts Interpretation Act is being updated to Arabic numbering to reflect current drafting practice.  

 

Item 57 - Sections 26 to 28

 

151.           Sections 26 to 28 are being repealed because all the definitions contained in these sections have been moved to the new ‘Part 2 - Definitions’ inserted by this Bill (see item 4). 

 

Item 58 - Subsection 28A(1) 

 

152.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 28A(1) due to the amendments made to section 2 by item 3.

 

Item 59 - At the end of subsection 28A(1) 

 

153.           Section 28A of the Acts Interpretation Act deals with service of documents.  A note is being added to provide a cross-reference to the Electronic Transactions Act 1999 , which is an Act of general application and enables a requirement that information be provided ‘in writing’ under Commonwealth legislation, to be fulfilled via electronic means.  The operative provision of the Act, section 8, ensures that a transaction is not invalid merely because it took place via electronic means.  This reflects the general rule of ‘functional equivalence’ and is based on Article 5 of the 1996 United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. 

 

154.           ‘Functional equivalence’ provides that there should be no disparity of treatment between electronic communications and paper-based transactions, and that information should not be denied legal effectiveness, validity or enforceability solely on the grounds that it is in an electronic form. 

 

155.           The Electronic Transactions Act also embodies the principle of ‘technology neutrality’, which generally provides that no communication technique is excluded from the scope of the Electronic Transactions Act since future technological developments need to be accommodated. 

 

156.           However, the Electronic Transactions Act specifically exempts documents relating to citizenship and migration law from the application of the Electronic Transactions Act.  The Act also allows for further exceptions to be made via the regulations, which currently provide exemptions across more than 150 pieces of legislation.  An exemption is granted where there are strong policy justifications to do so; for example, where documents carry a high risk of document fraud, where an agency does not have the technology or procedures in place to ensure secure transmission of information, or where it is important to ensure that there is only one paper-based document.

 

157.           Section 8 is a general rule and as such does not restrict the operation of other, more specific, provisions within the Electronic Transactions Act.  Division 2 of that Act outlines the conditions to be met in order for a person to fulfil a requirement under a law of the Commonwealth to give information in writing, provide a signature, produce a document or retain information.  Section 13 of the Electronic Transactions Act explains that Division 2 does not affect the application of the Evidence Act 1995 or the giving of evidence in a court proceeding.  

 

158.           Finally, Division 3 of the Electronic Transactions Act clarifies the rules for determining the time and place of dispatch and receipt concerning electronic communications, as well as those for attributing the originator of an electronic communication.  These are default rules that apply in the absence of an agreement by the parties.

 

Item 60 - Subsection 29(1)

 

159.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 29(1) due to the amendments made to section 2 by item 3.

 

Item 61 - Subsection 29(1)

 

160.           This is a technical amendment to subsection 29(1) which inserts additional commas between the words ‘addressing’ and ‘prepaying’, and the words ‘proved’ and ‘to’, and moves the comma before the word ‘and’ to the correct position in the sentence - that is, after the ‘and’. 

 

Item 62 - Part VII (heading)

 

161.           Item 62 changes the name of the Part of the Acts Interpretation Act currently titled ‘Part VII - Powers conferred and duties imposed by Acts’ to ‘Part 7 - Powers, functions and duties’.  This is a clearer title for this Part and the Roman numeral is removed as the numbering of all parts of the Act is being updated to Arabic numbering to reflect current drafting practice.  

 

Item 63 - Subsection 33(1)

 

162.           Section 33 deals with the exercise of powers and duties.  The section makes inconsistent references to powers, functions and duties - for example, subsection 33(1) only refers to an Act conferring a power or imposing a duty, whereas subsection 33(2B) refers to an Act conferring a power or function or imposing a duty. 

 

163.           Subsection 33(1) is being amended so that it refers to ‘a power or function or imposes a duty’.   The heading to section 33 is also being updated to refer to ‘functions’ in addition to ‘powers’ and ‘duties’. 

 



Item 64 - Subsection 33(1)

 

164.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 33(1) due to the amendments made to section 2 by item 3.  

 

Item 65 - Subsection 33(1)

 

165.           Item 63 above amends the first part of subsection 33(1) so that it refers to ‘a power or function or imposes a duty’.  Item 65 amends the second part of subsection 33(1) so it makes a corresponding reference to performing a function. 

 

Item 66 - Subsections 33(2) and (2AA)

 

166.           Subsections 33(2) and (2AA), which deal with situations where an Act confers a power or imposes a duty on the holder of an office, are being moved to after section 34 to become new section 34AAA (see item 80).  This is so that they are co-located with sections 34AA, 34AB and 34A which concern the delegation of statutory functions or powers. 

 

167.           Subsection 33(2A) defines the word ‘may’ for the purpose of interpreting Acts assented to after the commencement of the subsection.  As section 33 contains a number of subsections, a heading will be added to subsection 33(2A) that says ‘Meaning of may ’ so that this subsection is easier to locate.

 

168.           Subsection 33(2B) deals with powers, functions or duties of bodies where there is a vacancy in the membership of the relevant body.  As section 33 contains a number of subsections, a heading will be added to subsection 33(2B) that says ‘Powers, functions and duties of bodies not affected by membership vacancies’ to make the subsection easier to locate. 

 

Item 67 - Subsection 33(3)

 

169.           Subsection 33(3) provides that where an Act confers a power to ‘make, grant or issue any instrument’, in certain circumstances this includes the power to ‘repeal, rescind, revoke, amend or vary’ the instrument.  This subsection has been interpreted by some judges as only applying to instruments of a legislative character (see, for example, Australian Capital Equity v Beale (1993) 114 ALR 50), though generally courts and tribunals have taken the broader view (see, for example, Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (1978) 1 ALD 167, Barton v Croner Trading Pty Ltd (1984) 54 ALR 541, Heslehurst v Government of New Zealand (2002) 189 ALR 99 and Nicholson-Brown v Jennings (2007) 241 ALR 179). 

 

170.           The lack of clarity in the case law was highlighted by the following observation by Justice Finkelstein in Leung v Minister for Immigration & Multicultural Affairs (1997) 150 ALR 76 at 84 (Beaumont and Heerey JJ concurred):

 

The circumstances in which s 33(3) of the Interpretation Act will be held to apply to reconsider the grant or issue of an instrument have not been finally settled. There are cases that have held that s 33(3) only applies to the grant or issue of a document of a legislative character: see e.g. Australian Capital Equities Pty Ltd v Beale (1993) 41 FCR 242 at 256-257; 114 ALR 50 per Lee J. There are other cases that support the view that the section can have application to the grant or issue of any instrument: see e.g. Re Brian Lawlor at 172 per Brennan J. It is not necessary to resolve this difference of opinion.

 

171.            Subsequent case law has however generally confirmed the broader view.

 

172.           Subsection 33(3) is being amended to explicitly state that this subsection applies to instruments ‘of a legislative or administrative character’. 

 

173.           As section 33 contains a number of subsections, a heading will be added to subsection 33(3) that says ‘Power to make instrument includes power to vary or revoke etc. instrument’ to make the subsection easier to locate. 

 

Item 68 - Subsection 33(3)

 

174.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 33(3) due to the amendments made to section 2 by item 3.

 

Item 69 - After subsection 33(3)

 

175.           Subsection 33(3) provides that where an Act confers a power to ‘make, grant or issue any instrument’, where a power is ‘exercisable in the like manner and subject to like conditions’, it includes the power to ‘repeal, rescind, revoke, amend or vary’ the instrument. 

 

176.           There is some ambiguity in the wording of ‘like manner’ and ‘like conditions’.  Therefore a new subsection is being inserted directly after subsection 33(3) to make clear the operation of the requirement for like conditions in subsection 33(3) where there is a condition which must be satisfied for the making, granting or issuing of an instrument and can cease to be satisfied later.  In this case, the requirement for like conditions for the repeal, recission or revocation is met if the condition is no longer satisfied.     

 

Item 70 - Subsection 33(3A)

 

177.           Subsection 33(3A) provides that where an Act confers a power to ‘make, grant or issue any instrument’ with respect to certain matters, the power can be construed as including a power to make, grant or issue the instrument for only some of the matters, or a certain class of matters.

 

178.           At item 67 above, subsection 33(3) is being amended to explicitly state that this subsection applies to instruments ‘of a legislative or administrative character’.  Item 70 mirrors this by ensuring that subsection 33(3A) applies to instruments of a ‘legislative or administrative character’. 

 

179.           As section 33 contains a number of subsections, a heading will be added to subsection 33(3A) that says ‘Scope of powers in respect of matters’ to make the subsection easier to locate. 

 



Item 71 - After subsection 33(3A)

 

180.           Item 71 inserts new subsections (3AB) and (3AC) into section 33. 



181.           Existing subsection 33(3A) provides that where an Act confers a power to ‘make, grant or issue any instrument’ with respect to certain matters, the power can be construed as including a power to make, grant or issue the instrument for only some of the matters, or a certain class of matters.

 

182.           New subsection 33(3AB) will provide that where there is a power to make an instrument either ‘specifying, declaring or prescribing a matter’ or ‘doing anything in relation to a matter’, then the authority may identify the matter by reference to a class or classes of matter.  This is the same as existing subsection 46(3).  Consolidation of existing subsections 33(3A) and 46(3) ensures that provisions dealing with the exercise of powers to make instruments are located together and makes the information easier to access and understand.

 

183.           New subsection 33(3AC) provides a definition of ‘matter’ for the interpretation of both subsections 33(3A) and (3AB) as these terms are currently undefined.  The definition clarifies that a matter can be a ‘thing, person or animal’.  By virtue of the operation of paragraph 23(b) (which provides that ‘words in the singular number include the plural’), ‘matters’ includes things, persons or animals.        

 

Item 72 - Subsection 33(3B)

 

184.           Subsection 33(3B) provides further guidance on how the power to ‘make, grant or issue’ instruments is to be interpreted.  At items 67 and 70 above, subsections 33(3) and (3A) are being amended to explicitly state that these subsections apply to instruments ‘of a legislative or administrative character’.  Item 72 mirrors this by ensuring that subsection 33(3B) applies to instruments of a ‘legislative or administrative character’. 

 

Item 73 - Subsection 33(4)

 

185.           This amendment removes the words ‘unless the contrary intention appears’ (wherever occurring) from subsection 33(4) due to the amendments made to section 2 by item 3.

 

186.           As section 33 contains a number of subsections, a heading will be added to subsection 33(4) that says ‘Power to make appointment to an office or place’ to make the subsection easier to locate.

 

Item 74 - Subsection 33(4A)

 

187.           Subsection 33(4A) provides a definition of appoint .  This subsection is being repealed because item 75 inserts a clearer definition of the ‘power to appoint’. 

 

188.           As section 33 contains a number of subsections, a heading will be added to subsection 33(5) that says ‘Power to make instrument prescribing penalties’ to make the subsection easier to locate.

 

Item 75 - After section 33

 

189.           Item 75 inserts a new section 33AA which clarifies that the power to appoint includes a power to reappoint.  This is not a departure from the current policy, as currently the definition in subsection 33(4A) provides this.  However, current drafting practice is not to confer substantive powers in definitions. 

 

190.           Item 75 also inserts a new section 33AB to provide that anything done by or in relation to a person purporting to act under an appointment, including but not limited to an acting appointment, under an Act is not invalid merely because the occasion for the appointment had not arisen, there was a defect or irregularity in connection with the appointment, the appointment had ceased to have effect or, in the case of acting appointments, the occasion to act had not arisen or had ceased.

 

191.           New section 33AB is inserted for the avoidance of doubt, and confirms the availability of the common law de facto officer doctrine.  Where there is an unknown flaw in the appointment or authority of a public officer, the de facto officer doctrine operates to validate the acts of that officer, even though the officer's appointment is in fact invalid (see Cassell v The Queen (2000) 201 CLR 189 at 193, [19], Gleeson CJ, Gaudron, McHugh and Gummow JJ).

 

192.           In confirmation of the operation of this doctrine, new section 33AB is intended to ensure that irregularities or defects in an appointment do not invalidate the past acts of the appointee, even if those irregularities or defects could be such as to invalidate the appointment.  The reference to 'purporting to act' in new section 33AB expressly contemplates that the provision operates in circumstances in which the appointment itself may be invalid.  There are a range of circumstances in which section 33AB might apply, including where the appointer did not have the power to make the appointment, the appointer failed to observe a statutory procedure in making the appointment or the appointee was ineligible for appointment or to continue in a position.



193.           It is important to note that section 33AB does not validate the appointment itself, and a person whose appointment is found to be invalid may not continue to act.  Rather, the intention is to ensure that acts undertaken by a person who was considered to be properly appointed are not later invalidated if irregularities in that appointment are identified.

 

194.           New section 33AB also validates acts done 'in relation to' a person purporting to act under a defective or irregular appointment.  The reference to acts done 'in relation to' such an appointee is intended to ensure that, for example, payments for services rendered by such an appointee are not invalid.

 

195.           This provision (like other provisions), applies subject to a contrary intention (new subsection 2(2)).  This provision (like other provisions) also has operation under subsection 46(1), and subsection 13(1) of the Legislative Instruments Act 2003 .

 

Item 76 - Subsection 33A(2)

 

196.           New subsections (2) - (4) are being added to section 33A to deal with acting appointments that are ‘by operation of law’.  For example, an Act may specify that in the absence of a Chief Executive Officer, the Deputy Chief Executive Officer is to Act in the position.  This is a different scenario to where a person is appointed to act in a position, which is covered by new section 33AB. 

 

197.           Subsection (2) clarifies that while acting in the office the person has the same powers and must perform all the functions and duties as the holder of the office.  This is an equivalent provision for acting arrangement by operation to law to the provision for other types of acting appointments provided for in existing paragraph 33A(1)(e) of the Acts Interpretation Act.  Subsection (3) specifies that in situations where a person is acting by operation of law, the provision specifies that any action is not invalid simply because the occasion to act had not arisen or the occasion to act had ceased. 

 

198.           By including these provisions in the Acts Interpretation Act, they will not need to be repeated in other Commonwealth legislation. 

 

199.           Subsection (4) inserts a definition of ‘office’ for the purposes of section 33A.



200.           The heading of section 33A is being changed from ‘Acting appointments’ to ‘Acting in offices or positions’ as this more accurately describes the new content of the provision due to the insertion of extra subsections by this item.

 

201.           The heading of subsection 33A(1) will become ‘Acting appointments’ so that the existing provision for acting appointments is easy to locate.    

 

Item 77 - At the end of subsection 33B(3)

 

202.           Section 33B deals with participation in meetings by telephone and other methods of communication, for example, Skype or video-conferencing.  This amendment clarifies that a person who participates by telephone or other means of communication (pursuant to subsection 33B(2)) can be considered part of the quorum of the meeting.  This is implied by the existing wording of subsection 33B(3), which specifies that a person participating by telephone or other means of communication ‘is taken to be present at the meeting’, but this amendment makes their position explicit. 

 

Item 78 -Subsection 33B(4)

 

203.           Section 33B deals with participation in meetings by telephone and other methods of communication, for example, Skype or video-conferencing.  The amendment provides that all participants may be given permission to participate by telephone or other means of communication pursuant to subsection 33B(2).  New subsections 33B(4) and (5) allow for a meeting to be held in two or more places at the same time.  This allows a meeting to take place where the participants are in different locations and provides meeting organisers with more flexibility.  

 

Item 79 - Section 34

 

204.           Section 34 deals with the administering of oaths by courts, judges and others.  This section is being expanded to include a reference to affirmations as it is accepted practice to give witnesses the choice as to whether they take an oath or make an affirmation.   

 

205.           For example, section 23 of the Evidence Act 1995 provides:

 

(1)  A person who is to be a witness or act as an interpreter in a proceeding may choose whether to take an oath or make an affirmation.

(2)  The court is to inform the person that he or she has this choice.

(3)  The court may direct a person who is to be a witness to make an affirmation if:

(a)  the person refuses to choose whether to take an oath or make an affirmation; or

(b)  it is not reasonably practicable for the person to take an appropriate oath.

 

The heading to section 34 is also being amended to reflect that the section covers more than just the authority to administer an oath.

 

Item 80 - After section 34

 

206.           Item 80 moves existing subsection 33(2), which deals with the exercise of powers etc. by holders etc. of offices or positions so that it becomes new section 34AAA.  The content is not being changed.  Moving this material will make it easier for users of the Acts Interpretation Act to locate. 

 

Item 81 - Before section 34AA

 

207.           Existing section 18C, concerning Ministerial authorisation to perform statutory functions or powers, is being moved to after new section 34AAA (inserted by item 80) so that it is co-located with sections 34AA, 34AB and 34A which concern the delegation of statutory functions or powers.  Authorisation and delegation are closely related mechanisms of administration, both relating to the designation of particular persons or bodies to carry out certain functions or powers.  Locating these provisions near one another enhances the ability of the user to read and understand these provisions. 



208.           There are some minor changes to the wording of this section, but these are to make the section clearer and are not intended to change the effect of the provision. 

 

Item 82 - Section 34AA

 

209.           Section 34AA deals with delegations.  The section currently makes inconsistent references to ‘powers’, ‘functions’ and ‘duties’.  The section is being amended by items 82, 84 and 85 so it refers to ‘function, duty or power’ in all relevant instances. 

 

Item 83 - Section 34AA

 

210.           This amendment removes the words ‘unless the contrary intention appears’ from section 34AA due to the amendments made to section 2 by item 3.

 

Item 84 - Section 34AA

 

211.           Section 34AA deals with delegations.  The section currently makes inconsistent references to ‘powers’, ‘functions’ and ‘duties’.  The section is being amended by items 82, 84 and 85 so it refers to ‘function, duty or power’ in all relevant instances. 

 

Item 85 - Section 34AA

 

212.           Section 34AA deals with delegations.  The section currently makes inconsistent references to ‘powers’, ‘functions’ and ‘duties’.  The section is being amended by items 82, 84 and 85 so it refers to ‘function, duty or power’ in all relevant instances. 

 

Item 86 - Section 34AB

 

213.           Item 86 inserts ‘(1)’ before the text in section 34AB with the heading ‘General’.  This is because item 89 inserts a subsection (2) into section 34AB.

 

Item 87 - Section 34AB

 

214.           Section 34AB deals with the effect of a delegation.  The section currently refers to ‘functions’ or ‘powers’, but not ‘duties’.  The section is being amended by items 87 and 88 so it refers to ‘function, duty or power’ (except in paragraph (b) which specifically refers to the power to delegate) so that it is consistent with other sections in the Acts Interpretation Act (see for example the amendments to section 34AA being made by items 82, 84 and 85).     

 

Item 88 - Paragraphs 34AB(c) and (d)

 

215.           Section 34AB deals with the effect of a delegation.  The section currently refers to ‘functions’ or ‘powers’, but not ‘duties’.  The section is being amended by items 81 and 88 so it refers to ‘function, duty or power’ (except in paragraph (b) which specifically refers to the ‘power to delegate’) so that it is consistent with other sections in the Acts Interpretation Act (see for example the amendments to section 34AA being made by items 82, 84 and 85).   

 

Item 89 - At the end of section 34AB

 

216.           Item 89 adds a new subsection (2) to section 34AB (which deals with the effect of a delegation) that makes it clear that a delegation expressed to extend to all the powers, functions or duties under a given Act or part of an Act extend to a power, function or duty included in that Act or part that has come into existence after the delegation is made. This provides greater certainty for delegated functions, duties and powers. 



217.           This amendment specifically addresses the concern raised by Chief Justice Street in the unreported decision of the New South Wales Court of Criminal Appeal case of Australian Chemical Refinery Pty Ltd v Bradwell (28 February 1986).  Street CJ indicated that there was a strong common law presumption that a delegation does not extend to a power that comes into existence after the delegation is made, even if within the literal words of the delegation. 



218.           This was in contrast to the generally accepted position under the Acts Interpretation Act that delegations could encompass subsequently enacted powers based on section 10 of the Acts Interpretation Act which allows from ‘time to time’ references which, under section 46 of the Acts Interpretation Act, can be included in instruments.  Given the importance of delegations to Commonwealth administration, it was important that this issue be dealt with explicitly.

 

219.             Item 89 also adds a new subsection 34AB(3) to provide that when an Act amends the scope of a function, duty or power that has been delegated, the delegation is taken to include the altered function, duty or power. 



220.           This provision does not prevent a delegate from reviewing a delegation when new powers, functions or duties are enacted and amending the delegation if they want to ensure that that new or altered function, duty or power remains solely with them.  

 

Item 90 - Section 34A

 

221.           Section 34A provides for the exercise of certain powers, functions or duties by a delegate.  The section has been re-written to make it clearer and to ensure that it covers the exercise of a power, or performance of a function or duty.  The meaning of the section has not been changed.   

 

Item 91 - Part VIII (heading)

 

222.           Item 91 changes the heading of ‘Part VIII - Distance and time’ to ‘Part 8 - Distance, time and age’.  This is because item 95 inserts a provision about the attainment of a particular age into Part 8, therefore the modified heading will more comprehensively describe the content of Part 8.  The Roman numeral is removed as the numbering of all parts of the Act is being updated to Arabic numbering to reflect current drafting practice.  

 

Item 92 - Section 35

 

223.           This amendment removes the words ‘unless the contrary intention appears’ from section 35 due to the amendments made to section 2 by item 3.

 

Item 93 - Section 36

 

224.           Section 36, which deals with how time periods are to be calculated, is being modernised by use of a table to show how different scenarios are to be interpreted in Commonwealth Acts and provides examples for each of the items in the table.  It is intended to capture a broader range of situations that are likely to arise from time to time - such as where an Act specifies a period for doing something and the place for doing the thing is closed on the first or last day of doing that thing.

 

225.           The rationale for the amendment is to make section 36 more user friendly.  It does not substantively change the existing policy.

 

Item 94 - Section 37

 

226.           Section 37 deals with expressions of time.  This amendment removes the reference to ‘standard time’ so that only the reference to ‘legal time’ remains.  This is due to the variation in the way ‘standard time’ is interpreted currently.

 

227.           In some Australian jurisdictions, references to ‘standard time’ are taken to be references to summer time during summer, for example, section 10 of the New South Wales Standard Time Act 1987 .  In those jurisdictions, ‘standard time’ includes ‘summer time’. 

 

228.           In other jurisdictions, ‘summer’ or ‘daylight saving time’ is employed as a separate concept to ‘standard time’, for example, section 5 of the Australian Capital Territory Standard Time and Summer Time Act 1972

 

229.           Due to these variations, drafters have adopted the practice of using ‘legal time’ only, therefore it is appropriate that the Acts Interpretation Act be amended.     

 

Item 95 - At the end of Part VIII

 

230.           This amendment moves existing section 25E, which deals with how the attainment of a particular age is assessed, into Part 8 as it fits more logically with the other provisions in Part 8 (about distance and time).  The content of section 25E is not being changed.

 

Item 96 - Part IX (heading)

 

231.             Item 96 removes the Roman numeral from the title of ‘Part IX - Citation of Acts’ so it becomes ‘Part 9 - Citation of Acts’.  All Roman numerals in the titles of parts of the Acts Interpretation Act are being updated. 

 

Item 97 - At the end of section 38

 

232.           Section 38 deals with how various Acts are referred to; for example, subsection 38(3) specifies that ‘an Act passed by the Parliament of a State may be referred to by the term “State Act”’.  A new subsection is being added to provide that Acts made by Territory legislatures may be called a ‘Territory Act’. 

 

Item 98 - Section 39

 

233.           Section 39 refers to the ‘King’s assent’.  As Australia currently has a Queen, rather than a King, and to avoid the need to update this section any time this changes in the future, the provision is being amended to refer to the ‘Sovereign’s assent’.  Pursuant to section 16 of the Acts Interpretation Act (which deals with the interpretation of references to the Sovereign in Acts), this will be interpreted as a reference to the Sovereign at the time. 

 

Item 99 - At the end of subsection 40(1)

 

234.           Section 40 concerns the citation of various kinds of Acts, for example Imperial Acts (paragraph (b)) and State Acts (paragraph (c)).  A paragraph (d) is being added about Territory Acts, which are not currently referred to by this subsection.  This is consistent with the amendment at item 97.

 

Item 100 - Subsection 40(2)

 

235.           Item 99 inserts a reference to ‘Territory Acts’ in subsection 40(1), which currently only deals with Acts, State Acts and Imperial Acts.  This amendment to subsection 40(2) ensures that Territory Acts are included to reflect the amendment to subsection 40(1). 

 

Item 101 - Subsections 40(3) and (4) 

 

236.           Subsection 40(3) requires that the citation of Acts is to be in accordance with the versions of Acts printed by ‘the Government Printer of the Commonwealth or State, or of the King’s Printer in London’.  The effect of subsection (3) had become uncertain as several States no longer refer to the Government Printer in their own law.  Subsections 40(3) and 40(4) are being removed because they are not necessary.  In determining whether a citation is accurate, courts will in any case have recourse to the authoritative versions of the Acts under the law of the relevant jurisdiction.  For laws of other jurisdictions, recognition of these versions is dealt with in section 174 of the Evidence Act 1995

 

237.           The authority of texts of Commonwealth legislation is dealt with in the Evidence Act 1995 and the Acts Publication Act 1905 .  

 

Item 102 - Part XI (heading)

 

238.           Item 102 removes the Roman numeral from the title of ‘Part XI - Non-legislative instruments and resolutions’ so it becomes ‘Part 10 - Non-legislative instruments and resolutions’.  There is currently no Part 10 in the Act, so this ensures the parts are numbered sequentially and all Roman numerals in the titles of parts of the Acts Interpretation Act are being updated. 

 

Item 103 - Subsection 46(1)

239.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 46(1) due to the amendments made to section 2 by item 3.

 

Item 104 - Paragraphs 46(1)(b) and (c)

 

240.           Section 46 deals with the construction of instruments.  There are often instances where a term is defined in an Act and then an instrument is made under the Act which uses the term (without separately defining the term in the instrument), then the definition in the Act gets changed.  There is then a question about the interpretation of the particular term in the instrument.

 

241.           The High Court decision in Birch v Allen (1942) 65 CLR 621 held that the term in the instrument changes when the term in the Act changes. 

 

242.           To reflect the possibility of changes of this kind, paragraphs 46(1)(b) and (c) (which specify that expressions in instruments have the same meaning as the enabling legislation and should be construed subject to the enabling legislation), are being amended so that they refer to the enabling legislation ‘as in force from time to time’. 

 

243.           A corresponding amendment to subsection 13(1) of the Legislative Instruments Act is being made by item 111 of Schedule 1 to this Bill.

 

Item 105 - Subsection 46(2)

 

244.           Section 46 deals with the construction of instruments.  Subsection 46(2) deals with instruments that are construed as being in excess of the authority’s power and this subsection validates the instrument to the extent that it is within power.  This amendment is a technical amendment that fixes an incorrect reference to subsection 46(1) in subsection 46(2), replacing it with the correct reference to subsection 46(2). 

 

Item 106 - Subsection 46(3) (not including the note)

 

245.           Subsection 46(3) is being moved to after subsection 33(3A) (see item 71). 

 

Item 107 - Subsection 46AA(1)

 

246.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 46AA(1) due to the amendments made to section 2 by item 3.

 

Item 108 - Subsection 46AA(2)

 

247.           This amendment removes the words ‘unless the contrary intention appears’ from subsection 46AA(2) due to the amendments made to section 2 by item 3.

 

Item 109 - Section 47

 

248.           This amendment removes the words ‘unless the contrary intention appears’ from section 47 due to the amendments made to section 2 by item 3.

 

Item 110 - Part XII (heading)

 

249.           Item 110 removes the Roman numeral from the title of ‘Part XII - Regulations’ so it becomes ‘Part 11 - Regulations’.  There is currently no Part 10 in the Acts Interpretation Act, so item 102 renumbers Part 11 as Part 10, and item 110 renumbers Part 12 as Part 11 to ensure the parts are numbered sequentially.  All Roman numerals in the titles of Parts of the Acts Interpretation Act are being updated.   

 

Legislative Instruments Act 2003

 

Item 111 - Paragraphs 13(1)(b) and (c)

 

250.           Section 13 of the Legislative Instruments Act deals with the construction of legislative instruments.  It does the same thing for legislative instruments as section 46 of the Acts Interpretation Act does for non-legislative instruments. 

 

251.           There are often instances where a term is defined in an Act and then an instrument is made under the Act which uses the term (without separately defining the term in the instrument), then the definition in the Act gets changed.  There is then a question about the interpretation of the particular term in the instrument.

 

252.           The High Court decision in Birch v Allen (1942) 65 CLR 621 held that the term in the regulation changes when the term in the Act changes. 

 

253.           To reflect the possibility of changes of this kind, paragraphs 13(1)(b) and (c) (which specify that expressions in instruments have the same meaning as the enabling legislation and should be construed subject to the enabling legislation), are being amended so that they refer to the enabling legislation ‘as in force from time to time’. 

 

254.           A corresponding amendment to subsection 46(1) of the Acts Interpretation Act is being made by item 104 of Schedule 1 to this Bill.

 

Item 112 - Subsection 13(2)

 

255.           Subsection 13(2) of the Legislative Instruments Act does the same thing for legislative instruments as subsection 46(2) of the Acts Interpretation Act does for non-legislative instruments.   Item 105 above is a technical amendment to subsection 46(2) that fixes an incorrect reference to subsection 46(1) in subsection 46(2), replacing it with the correct reference to subsection 46(2).  This item corrects the same defect in subsection 13(2) of the Legislative Instruments Act. 

 

Item 113 - Subsection 13(3)

 

256.           Item 71 adds a definition of ‘matter’ for the purposes of interpreting subsections 33(3A) and (3AB) of the Acts Interpretation Act.  The definition clarifies that a matter can be a thing, person or an animal. 

 

257.           Subsection 13(3) of the Legislative Instruments Act deals with the construction of legislative instruments and refers to ‘matter or thing’.  Item 113 amends subsection 13(3) of the Legislative Instruments Act so that it refers to ‘matter’ for consistency with section 33 of the Acts Interpretation Act. 

 

Item 114 - Subsection 13(3)

258.           Item 71 adds a definition of ‘matter’ for the purposes of interpreting subsections 33(3A) and (3AB) of the Acts Interpretation Act.  The definition clarifies that matters can include things, persons and animals. 

 

259.           Subsection 13(3) of the Legislative Instruments Act deals with the construction of legislative instruments and refers to ‘classes of matters or things’.  Item 114 amends subsection 13(3) of the Legislative Instruments Act so that it refers to ‘classes of matters’ for consistency with section 33 of the Acts Interpretation Act. 

 



Item 115 - at the end of section 13 (before the note)

 

260.           Item 71 adds a definition of ‘matter’ for the purposes of interpreting subsections 33(3A) and (3AB) of the Acts Interpretation Act.  The definition clarifies that matters can include things, persons and animals

 

261.           Subsection 13(3) of the Legislative Instruments Act deals with the construction of legislative instruments and refers to ‘matters or things’.  Item 114 omits ‘or things’ from subsection 13(3).  Item 115 inserts a new subsection 13(4) which defines ‘matter’ for the purposes of subsection 13(3) to include a ‘thing, person and animal’ for consistency with section 33 of the Acts Interpretation Act. 

 

Item 116 - Section 13 (note)

 

262.           Section 13 of the Legislative Instruments Act does the same thing for legislative instruments as section 46 of the Acts Interpretation Act does for non-legislative instruments.

 

263.           Section 13 currently contains a note cross-referencing section 46 of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to after subsection 33(3A) and will be the new subsection 33(3AB) (see item 71), this item updates the note to include a reference to subsection 33(3AB) as well as section 46 of the Acts Interpretation Act. 

 

SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS

Aboriginal and Torres Strait Islander Act 2005

Item 1 - At the end of subsection 143M(1)

1.                   Subsection 143M(1) deals with acting member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 2 - Subsection 143M(5)

2.                   This item repeals subsection 143M(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Item 1 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 3 - Subsection 144F(4)

Item 4 - Subsection 144F(5)

3.                   These items update cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.



Item 5 - Subsection 144L(1)

4.                   This item removes the number (1) from subsection 144L(1) because item 7 repeals subsection 144L(2), therefore the text that is currently in subsection 144L(1) will become the only text in this section.

Item 6 - At the end of subsection 144L(1)

5.                   Subsection 144L(1) deals with acting   Torres Strait Regional Authority General Manager appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 7 - Subsection 144L(2)

6.                   This item repeals subsection 144L(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Item 6 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 8 - Subsection 144ZP(1)

7.                   This item removes the number (1) from subsection 144ZP(1) because item 10 repeals subsection 144ZP(2), therefore the text that is currently in subsection 144ZP(1) will become the only text in this section.

Item 9 - At the end of subsection 144ZP(1)

8.                   Subsection 144ZP(1) deals with acting Torres Strait Regional Authority Administrator appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 10 - Subsection 144ZP(2)

9.                   This item repeals subsection 144ZP(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Item 9 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 11 - At the end of subsection 162(1)

10.               Subsection 162(1) deals with acting Indigenous Business Australia Chairperson   arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 12 - At the end of subsections 162(2) and (3)

11.               Subsections 162(1) and (2) deal with acting Deputy Chairperson of the Indigenous Business Australia Board and Indigenous Business Australia Director appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.



Item 13 - Subsection 162(5)

12.               This item repeals subsection 162(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Items 11 and 12 add notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 14 - Subsection 172(1)

13.               This item removes the number (1) from subsection 172(1) because item 16 repeals subsection 172(2), therefore the text that is currently in subsection 172(1) will become the only text in this section.

Item 15 - At the end of subsection 172(1)

14.               Subsection 172(1) deals with acting Indigenous Business Australia General Manager   arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 16 - Subsection 172(2)

15.               This item repeals subsection 172(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Item 15 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 17 - Subsection 190(3)

Item 18 - Subsection 190(4)

16.               These items update cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.

Item 19 - At the end of subsection 192E(1)

17.               Subsection 192E(1) deals with acting Indigenous Land Corporation Chairperson  arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 20 - At the end of subsections 192E(2) and (3)

18.               Subsections 192E(2) and (3) deal with acting Deputy Chairperson of the Indigenous Land Corporation Board and Indigenous Land Corporation Director appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 21 - Subsection 192E(5)

19.               This item repeals subsection 192E(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Items 19 and 20 add notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 22 - Subsection 192P(1)

20.               This item removes the number (1) from subsection 192P(1) because item 24 repeals subsection 192P(2), therefore the text that is currently in subsection 192P(1) will become the only text in this section.

Item 23 - At the end of subsection 192P(1)

21.               Subsection 192P(1) deals with acting Indigenous Land Corporation General Manager appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 24 - Subsection 192P(2)

22.               This item repeals subsection 192P(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005.   Item 23 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 25 - Subsection 200C(2) (note 1)

23.               This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference. 

Aboriginal Land Rights (Northern Territory) Act 1976

Item 26 - Section 3AAA (note)

Item 27 - Subsection 3AA(1) (note)

24.               Both of these notes refer to the definition of ‘person’ in paragraph 22(1)(a) of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so these amendments update the cross-references.

Item 28 - Subsection 20J(1)

25.               This item removes the number (1) from subsection 20J(1) because item 30 repeals subsection 20J(2), therefore the text that is currently in subsection 20J(1) will become the only text in this section.

Item 29 - Subsection 20J(1) (note)

26.               Subsection 20J(1) deals with acting Executive Director appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 30 - Subsection 20J(2)

27.               This item repeals subsection 20J(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal Land Rights (Northern Territory) Act 1976 .  Item 29 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 31 - Subsection 28D(2)

28.               This item updates a cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.

Administrative Appeals Tribunal Act 1975

Item 32 - Subsection 24M(1)

29.               This item removes the number (1) from subsection 24M(1) because item 34 repeals subsections 24M(2) and (3), therefore the text that is currently in subsection 24M(1) will become the only text in this section.

Item 33 - At the end of subsection 24M(1)

30.               Subsection 24M(1) deals with acting Registrar appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 34 - Subsections 24M(2) and (3)

31.               Subsections 24M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 33 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Admiralty Act 1988

Item 35 - Subsection 41(5)

32.               Section 41 of the Admiralty Act provides a rule making power.  Subsection 41(5) refers to Part XII of the Acts Interpretation Act, which is being renumbered by item 110 in Schedule 1 to this Bill.  The provisions relating to the making of Admiralty Rules were amended by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore this reference is obsolete.  Accordingly, this item repeals subsection (5).

Aged Care Act 1997

Item 36 - Paragraph 22-5(2)(a)

Item 37- Subsection 39-4(2)

33.               These items remove asterisks that are printed before the references to ‘business days’ in paragraph 22-5(2)(a) and subsection 39-4(2) of the Aged Care Act 1997 .  Items 36 and 37 repeal the definitions of ‘business day’ in the Aged Care Act 1997 so that the new definition of ‘business day’ being included in the Acts Interpretation Act will apply (see item 4 of Schedule 1).



Item 38 - Subsection 44-11(1) (paragraph (aa) of the definition of member of a couple )

34.               This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Item 39 - Subparagraph 91-1(1)(a)(ii)

35.               This item removes an asterisk that is printed before the reference to ‘business days’ in subparagraph 91-1(1)(a)(ii) of the Aged Care Act 1997 .  Item 39 repeals the definition of ‘business day’ in the Aged Care Act 1997 so that the new definition of ‘business day’ being included in the Acts Interpretation Act will apply (see item 4 of Schedule 1).

Item 40 - Subsection 95A-3(1)

36.               This item removes the number (1) from subsection 95A-3(1) because item 42 repeals subsection 95A-3(2), therefore the text that is currently in subsection 95A-3(1) will become the only text in this section.

Item 41 - At the end of subsection 95A-3(1)

37.               Subsection 95A-3(1) deals with acting Aged Care Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 42 - Subsections 95A-3(2)

38.               This item repeals subsection 95A-3(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aged Care Act 1997.   Item 41 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 43 - Clause 1 of Schedule 1 (definition of business day )

39.               The definition of ‘business day’ in Schedule 1 to the Aged Care Act 1997 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same.  

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Item 44 - Subsection 3(1) (definition of document )

40.               The definition of ‘document’ in subsection 3(1) of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).

Agricultural and Veterinary Chemicals Act 1994

Item 45 - Subsection 3(3)

41.               Subsection 3(3) of the Agricultural and Veterinary Chemicals Act 1994 refers to the interpretation of a reference to the law of the Commonwealth as currently set out in subsection 22(3) of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this provision to new section 2H, so this item updates the cross-reference.

Agricultural and Veterinary Chemicals (Administration) Act 1992

Item 46 - Section 18 (note)

42.               The note to section 18 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.

Item 47 - At the end of subsection 43(1)

43.               Subsection 43(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 48 - Subsection 43(5)

44.               This item repeals subsection 43(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Agricultural and Veterinary Chemicals (Administration) Act 1992 .  Item 47 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Agricultural and Veterinary Chemicals Code Act 1994

Item 49 - Section 9

45.               Section 9 of the Agricultural and Veterinary Chemicals Code Act 1994 refers to subsection 13(2) of the Acts Interpretation Act.  As section 13 is re-written by item 22 of Schedule 1 to this Bill, this item updates the cross-reference so it is to subsection 13(1) of the Acts Interpretation Act. 

Item 50 - Subsection 3(1) of the Code set out in the Schedule (definition of document )

46.               The definition of ‘document’ in subsection 3(1) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).

Item 51 - Subparagraph 56D(5)(a)(viii) of the Code set out in the Schedule

47.               This item updates a reference to ‘Standards Australia International Limited’ due to the new definition being added to the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).  

Air Navigation Act 1920

Item 52 - Subsection 11A(4) (definition of Australian citizen )

48.               The definition of ‘Australian citizen’ in subsection 11A(4) of the Air Navigation Act 1920 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 



Airports Act 1996

Item 53 - Subsection 71(8)

49.               This item updates a reference to ‘Australian Standard AS2021 - 1994’ in the Airports Act 1996 to reflect the new rule for interpreting Australian Standards numbers in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill). 

Item 54 - Subsection 89(4) (note)

50.               The note to subsection 89(4) refers to subsection 46(3) of the Acts Interpretation Act.  The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.

Item 55 - Subsection 91(6)

Item 56 - Paragraph 100(2)(d)

Item 57 - Paragraph 107(2)(d)

Item 58 - Subsection 132(3A)

Item 59 - Subsection 133(3A)

51.               These items update references to ‘the Standards Association of Australia’ and ‘Australian Standard AS2021 - 1994’ in the Airports Act 1996 to reflect the new definition in the Acts Interpretation Act and the new rule for interpreting Australian Standards numbers (see new section 2L inserted by item 4 of Schedule 1 to this Bill). 

Airports (Transitional) Act 1996

Item 60 - Subsection 55(3)

52.               The definition of ‘modifications’ in subsection 55(3) of the Airports (Transitional) Act 1996 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Air Services Act 1995

Item 61 - At the end of subsections 33(1), (3) and (4)

53.               Subsections 33(1), (3) and (4) deal with acting Chairperson, Deputy Chairperson and member appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 62 - Subsection 33(5)

54.               This item repeals subsection 33(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Air Services Act 1995.   Item 61 adds notes to refer readers to section 33A of the Acts Interpretation Act. 



Item 63 - At the end of subsection 41(1)

55.               Subsection 41(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 64 - Subsection 41(4)

56.               This item repeals subsection 41(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Air Services Act 1995.   Item 63 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999

Item 65 - Paragraph 7(1)(a)

57.               This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Antarctic Treaty (Environment Protection) Act 1980

Item 66 - Subsection 3(1) (definition of continental shelf )

58.               The definition of ‘continental shelf’ in subsection 3(1) of the Antarctic Treaty (Environment Protection) Act 1980 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Item 67 - Subsection 164(1) (note 1)

59.               The note to subsection 164(1) refers to subsection 46(3) of the Acts Interpretation Act.  The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.

Item 68 - subsection 214(3) (note)

60.               The note to subsection 214(3) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.

Item 69 - Subsection 221(1)

61.               This item removes the number (1) from subsection 221(1) because item 71 repeals subsection 221(2), therefore the text that is currently in subsection 221(1) will become the only text in this section.



Item 70 - At the end of subsection 221(1)

62.               Subsection 221(1) deals with acting Australian Transaction Reports and Analysis Centre Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 71 - Subsection 221(2)

63.               This item repeals subsection 221(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 .  Item 70 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

  Item 72 - Paragraph 249(b)

64.               Paragraph 249(b) refers to subsection 46(3) of the Acts Interpretation Act.  The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.

Anti-Personnel Mines Convention Act 1998

Item 73 - Subsection 8(1) (note)

Item 74 - Subsections 13(3) and (4) (note)

65.               These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.

Archives Act 1983

Item 75 - Subsection 3(1) (note at the end of the definition of record )

66.               The definition of ‘record’ in subsection 3(1) of the Archives Act 1983 includes the word ‘document’.  There is a note at the end of the definition that refers readers to the definition of ‘document’ in section 25 of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves the definition of ‘document’ to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the note so readers are referred to the correct section of the Acts Interpretation Act.

Item 76 - Subsection 3C(1) (note)

67.               The note in subsection 3C(1) of the Archives Act 1983 refers to subsection 46(3) of the Acts Interpretation Act.  Subsection 46(3) is being moved by Schedule 1 to this Bill, so the note is being updated with a revised cross-reference to subsection 33(3AB) (see items 71 and 106 of Schedule 1).  



Auditor-General Act 1997

Item 77 - Subsection 56(3) (definition of modifications )

68.               The definition of ‘modifications’ in subsection 56(3) of the Auditor-General Act 1997 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 78 - At the end of subclause 7(1) of Schedule 1

69.               Subclause 7(1) of Schedule 1 to the Auditor-General Act 1997 makes provision for acting Auditor-General appointments.  A note is being added to refer readers to section 33A of the Acts Interpretation Act so that they are aware of the general rules in that section.

Item 79 - Subclause 7(2) of Schedule 1

70.               Subclause 7(2) of Schedule 1 to the Auditor-General Act 1997 specifies certain instances when an acting appointment is not invalid.  These rules are being specified in section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill), so the subclause is being repealed to avoid repetition. 

Item 80 - Subclause 7(3) of Schedule 1 (note)

71.               This item repeals the note at the end of subclause 7(3) (which refers readers to section 33A of the Acts Interpretation Act) because the note that is being added to subclause 7(1) by item 78 will serve the same purpose.

Item 81 - Subclause 6(1) of Schedule 2

72.               This item removes the number (1) from existing subclause 6(1) because item 83 repeals subclause 6(2), therefore the text that is currently in subclause 6(1) will become the only text in this clause.

Item 82 - At the end of subclause 6(1) of Schedule 2

73.               Item 83 removes some text that has now been included in section 33A of the Acts Interpretation Act, so item 82 inserts a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 83 - Subclause 6(2) of Schedule 2

74.               Clause 6 of Schedule 2 to the Auditor-General Act 1997 deals with acting Independent Auditor appointments.  Subclause 6(2) sets out certain conditions when action is not invalid.  These same conditions are being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) therefore subclause 6(2) is being repealed to avoid repetition.  Item 82 adds a note to clause 6 to refer readers to section 33A of the Acts Interpretation Act.

AusCheck Act 2007

Item 84 - Subsection 4(1) (note at the end of the definition of AusCheck staff member )

75.               This note refers to the definition of ‘APS employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference. 

Item 85 - Subsection 12(1) (note)

76.               This note refers to the definitions of ‘APS employee’, ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference. 

Australia Council Act 1975

Item 86 - Subsection 15(1)

77.               This item removes the reference to subsection 15(2) because item 88 repeals subsection 15(2).

Item 87 - At the end of subsection 15(1)

78.               Section 15 of the Australia Council Act 1975 deals with acting Chairperson appointments.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 88 - Subsection 15(2)

79.               Subsection 20(2) provides that ‘A person appointed under subsection (1) to act as Chairperson shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 87, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 89 - At the end of subsection 15(3)

80.               Section 15 of the Australia Council Act 1975 deals with acting Chairperson of the Council arrangements.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 90 - Subsections 15(4), (5) and (7)

81.               Subsections 15(4), (5) and (7) (ie. not subsection (6) as this is specific to the Australia Council) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 94 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 91 - Subsection 19E(1)

82.               This item removes the number (1) from subsection 19E(1) because item 95 repeals subsections 19E(2) to (6), therefore the text that is currently in subsection 19E(1) will become the only text in this section.

Item 92 - Paragraph 19E(1)(b)

83.               This item replaces the semicolon after the phrase ‘General Manager’ with a full stop because item 93 removes the text that currently follows the phrase ‘General Manager’.



Item 93 - Subsection 19E(1)

84.               Subsection 19E(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 94, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 94 - At the end of subsection 19E(1)

85.               Section 19E of the Australia Council Act 1975 deals with acting General Manager appointments.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 95 - Subsections 19E(2) to (6)

86.               Subsections 19E(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 94 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 96 - Paragraph 28(1)(b)

87.               This item replaces the semicolon after the word ‘Chairperson’ with a full stop because item 97 removes the text that currently follows the word ‘Chairperson’.

Item 97 - Subsection 28(1)

88.               Subsection 28(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 98, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 98 - At the end of subsection 28(1)

89.               Section 28 of the Australia Council Act 1975 deals with acting Chairperson of the Board appointments.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 99 - Subsections 28(2) to (4) and (7)

90.               Subsections 28(2) to (4) and (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 98 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 



Australian Astronomical Observatory Act 2010

Item 100 - Subsection 9(2) (note 2)

91.               This note refers to the definition of ‘SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference. 

Item 101 - Subsection 10(1)

92.               This item removes the number (1) from subsection 10(1) because item 105 repeals subsection 10(2), therefore the text that is currently in subsection 10(1) will become the only text in this section.

Item 102 - Subsection 10(1) (note)

93.               This item labels the existing note at the end of subsection 10(1) ‘note 1’ because item 104 adds another note to this subsection. 

Item 103 - Subsection 10(1) (note)

94.               This note refers to the definition of ‘APS employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference. 

Item 104 - At the end of subsection 10(1)

95.               Subsection 10(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 105 - Subsection 10(2)

96.               This item repeals subsection 10(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Astronomical Observatory Act 2010.   Item 104 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 106 - Subsection 15(2) (note)

97.               The note to subsection 15(2) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the note is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Australian Broadcasting Corporation Act 1983

Item 107 - Subsection 19(1)

98.               This item removes the number (1) from subsection 19(1) because item 109 repeals subsections 19(2), (3) and (4).  Therefore, the text that is currently in subsection 19(1) will become the only text in this section.

Item 108 - At the end of subsection 19(1)

99.               Subsection 19(1) deals with acting Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 109 - Subsections 19(2), (3) and (4)

100.           Subsections 19(2), (3) and (4) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 108 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 110 - Paragraph 20(1)(b)

101.           This item replaces the semicolon after the word ‘office’ with a full stop because item 111 removes the text that currently follows the word ‘office’.

Item 111 - Subsection 20(1)

102.           Subsection 20(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Broadcasting Corporation Act 1983 and due to the note added by item 112, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 112 - At the end of subsection 20(1)

103.           Subsection 20(1) deals with acting Managing Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 113 - Subsections 20(2), (5), (7) and (9)

104.           Subsections 20(2), (5), (7) and (9) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 112 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 114 - At the end of subsection 21(1)

105.           Subsection 21(1) deals with acting non-executive Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 115 - Subsections 21(4), (5) and (6)

106.           Subsections 21(4), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 114 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 



Australian Bureau of Statistics Act 1975

Item 116 - Subsection 15(1)

107.           Subsection 15(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Bureau of Statistics Act 1975 and due to the note added by item 117, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 117 - At the end of subsection 15(1)

108.           Subsection 15(1) deals with acting Statistician appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 118 - Subsections 15(2), (3), (5) and (6)

109.           Subsections 15(2), (3), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 117 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

Item 119 - Subsection 23(2)

110.           Subsection 23(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill, therefore the cross-reference is being updated. 

Australian Capital Territory (Planning and Land Management) Act 1988

Item 120 - At the end of subsections 37(1), (2) and (3)

111.           Section 37 of the Australian Capital Territory (Planning and Land Management) Act 1988 concerns acting appointments.  This item adds a note at the end of subsections 37(1), (2) and (3) to refer readers to section 33A of the Acts Interpretation Act.  This is so that readers of the Australian Capital Territory (Planning and Land Management) Act 1988 are aware of the amendments to the Acts Interpretation Act made by Schedule 1 to this Bill to the rules about acting appointments.  That is, item 76 of Schedule 1 adds new subsections to section 33A. 

Item 121 - Subsections 37(4) and (5)

112.           Subsections 37(4) and (5) are being repealed.  Subsection 37(4) provides that ‘a person appointed to act during a vacancy shall not continue so to act for a continuous period of more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.

113.           Subsection 37(5) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.

114.           Therefore these rules do not need to be repeated in the Australian Capital Territory (Planning and Land Management) Act 1988 and due to the note added by item 120, readers will know to refer to section 33A of the Acts Interpretation Act.

Australian Centre for International Agricultural Research Act 1982

Item 122 - Subsection 14(1)

115.           This item removes the number (1) from subsection 14(1) because item 124 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.

Item 123 - Subsection 14(1) (note)

116.           Subsection 14(1) deals with acting Commissioner appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 124 - Subsection 14(2)

117.           This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for International Agricultural Research Act 1982.   Item 123 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 125 - Subsection 29(1)

118.           This item removes the number (1) from subsection 29(1) because item 127 repeals subsection 29(2), therefore the text that is currently in subsection 29(1) will become the only text in this section.

Item 126 - Subsection 29(1) (note)

119.           Subsection 29(1) deals with acting CEO appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 127 - Subsection 29(2)

120.           This item repeals subsection 29(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for International Agricultural Research Act 1982.   Item 126 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Centre for Renewable Energy Act 2010

Item 128 - Section 9 (note)

121.           The note to section 9 of the Australian Centre for Renewable Energy Act 2010 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 



Item 129 - At the end of subsection 10(1)

122.           Subsection 10(1) deals with acting Chair appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 130 - Subsection 10(2) (note)

123.           Subsection 10(2) deals with acting appointed member appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 131 - Subsection 10(3)

124.           This item repeals subsection 10(3) of the Australian Centre for Renewable Energy Act 2010 as it specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for Renewable Energy Act 2010.   Item 130 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Communications and Media Authority Act 2005

Item 132 - Paragraph 8(1)(e)

Item 133 - Paragraph 9(d)

125.           These items update references to ‘Standards Australia International Limited’ in the Australian Communications and Media Authority Act 2005 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill). 

Item 134 - At the end of subsections 23(1) and (2)

126.           Subsections 23(1) and (2) deal with acting member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 135 - Subsection 23(3)

127.           This item repeals subsection 23(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Communications and Media Authority Act 2005 .  Item 134 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 136 - Subsection 26(1)

128.           This item removes the number (1) from subsection 26(1) because item 138 repeals subsection 26(2).  Therefore, the text that is currently in subsection 26(1) will become the only text in this section.

Item 137 - At the end of subsection 26(1)

129.           Subsection 26(1) deals with acting associate member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 138 - Subsection 26(2)

130.           This item repeals subsection 26(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Communications and Media Authority Act 2005.   Item 137 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Crime Commission Act 2002

Item 139 - Subsection 46(1)

131.           This item removes the number (1) from subsection 46(1) because item 141 repeals subsection 46(2), therefore the text that is currently in subsection 46(1) will become the only text in this section.

Item 140 - At the end of subsection 46(1)

132.           Subsection 46(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 141 - Subsection 46(2)

133.           This item repeals subsection 46(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Crime Commission Act 2002 .  Item 140 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Curriculum, Assessment and Reporting Authority Act 2008

Item 142 - Subsection 14(1) (note)

134.           The note to subsection 14(1) of the Australian Curriculum, Assessment and Reporting Authority Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 143 - At the end of subsection 15(1)

135.           Subsection 15(1) deals with acting Chair arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 144 - Subsections 15(2) and (3)

136.           Subsections 15(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 143 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 145 - At the end of subsection 15(4)

137.           Subsection 15(4) deals with acting Deputy Chair appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 146 - Subsection 15(5)

138.           This item repeals subsection 15(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Curriculum, Assessment and Reporting Authority Act 2008 .  Item 145 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 147 - Subsection 25(1) (note)

139.           The note to subsection 25(1) of the Australian Curriculum, Assessment and Reporting Authority Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 148 - Subsection 26(1)

140.           This item removes the number (1) from subsection 26(1) because item 150 repeals subsection 26(2), therefore the text that is currently in subsection 26(1) will become the only text in this section.

Item 149 - At the end of subsection 26(1)

141.           Subsection 26(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 150 - Subsection 26(2)

142.           This item repeals subsection 26(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Curriculum, Assessment and Reporting Authority Act 2008.   Item 149 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Federal Police Act 1979

Item 151 - Subsection 18(1)

143.           Subsection 18(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Federal Police Act 1979 and due to the note added by item 152, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 152 - At the end of subsection 18(1)

144.           Subsection 18(1) deals with acting Commissioner and Deputy Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 153 - Subsections 18(3), (4) and (5)

145.           Subsections 18(3), (4) and (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 152 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Australian Film, Television and Radio School Act 1973

Item 154 - At the end of subsection 31(1)

146.           Section 31 of the Australian Film, Television and Radio School Act 1973 makes provision for an acting Director.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 155 - Subsections 31(3) to (7)

147.           Section 31 of the Australian Film, Television and Radio School Act 1973 makes provision for an acting Director.  Subsections 31(3) to (7) repeat general rules in relation to acting appointments that can be found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill), therefore subsections 31(3) to (7) are being repealed to avoid repetition.

Australian Hearing Services Act 1991

Item 156 - Subsections 8(4), (5), (6), (7) and (8) (note)

148.           These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .   

Item 157 - At the end of subsections 32(1) and (2)

149.           Subsections 32(1) and (2) deal with acting Chairperson and Director appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 158 - Subsections 32(3) and (4)

150.           Subsections 32(3) and (4) are being repealed.  Subsection 32(3) provides that ‘A person appointed to act during a vacancy under paragraph (1)(a) or (2)(a) must not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.

151.           Subsection 32(4) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.

152.           Therefore these rules do not need to be repeated in the Australian Hearing Services Act 1991 and due to the notes added by item 157, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 159 - Paragraph 48(1)(b)

153.           This item replaces the semicolon after the word ‘office’ with a full stop because item 160 removes the text that currently follows the word ‘office’.

Item 160 - Subsection 48(1)

154.           Subsection 48(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Hearing Services Act 1991 and due to the note added by item 161, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 161 - At the end of subsection 48(1)

155.           Subsection 48(1) deals with acting Managing Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 162 - Subsection 48(4)

156.           This item repeals subsection 48(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Hearing Services Act 1991.   Item 161 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Human Rights Commission Act 1986

Item 163 - At the end of subsections 36(2) and (3)

157.           Subsections 36(2) and (3) deal with acting President and Human Rights Commissioner appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 164 - Subsection 36(10)

158.           This item repeals subsection 36(10) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Human Rights Commission Act 1986.   Item 163 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 165 - Subsection 46J(1)

159.           This item removes the number (1) from subsection 46J(1) because item 167 repeals subsection 46J(2), therefore the text that is currently in subsection 46J(1) will become the only text in this section.

Item 166 - At the end of subsection 46J(1)

160.           Subsection 46J(1) deals with acting Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 167 - Subsection 46J(2)

161.           This item repeals subsection 46J(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Human Rights Commission Act 1986.   Item 166 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Information Commissioner Act 2010

Item 168 - Subsection 14(4) (note)

162.           The note to subsection 14(4) of the Australian Information Commissioner Act 2010 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 169 - At the end of subsection 21(1)

163.           Subsection 21(1) of the Australian Information Commissioner Act 2010 deals with acting appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 170 - Subsections 21(2) and (4)

164.           Section 21 of the Australian Information Commissioner Act 2010 makes provision for an acting Information Commissioner.  Subsections 21(2) and (4) repeat general rules in relation to acting appointments that can be found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill), therefore subsections 21(2) and (4) are being repealed to avoid repetition.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

Item 171 - At the end of subsection 18(1)

165.           Subsection 18(1) deals with acting Council Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 172 - At the end of subsections 18(2) and (5)

166.           Subsections 18(2) and (5) deal with acting appointed Councillor and elected Councillor appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 173 - Subsection 18(7)

167.           This item repeals subsection 18(7) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.   Items 171 and 172 add notes to refer readers to section 33A of the Acts Interpretation Act. 



Australian Institute of Health and Welfare Act 1987

Item 174 - Subsection 9(1)

168.           This item removes the number (1) from subsection 9(1) because item 178 repeals subsections 9(2) to (7), therefore the text that is currently in subsection 9(1) will become the only text in this section.

Item 175 - Paragraph 9(1)(b)

169.           This item replaces the semicolon after the word ‘office’ with a full stop because item 176 removes the text that currently follows the word ‘office’.

Item 176 - Subsection 9(1)

170.           Subsection 9(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Institute of Health and Welfare Act 1987 and due to the note added by item 177, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 177 - At the end of subsection 9(1)

171.           Subsection 9(1) deals with acting Chairperson, Director and member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 178 - Subsections 9(2) to (7)

172.           Subsections 9(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 177 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Australian Institute of Marine Science Act 1972

Item 179 - Subsection 30(1)

173.           This item removes the number (1) from subsection 30(1) because item 183 repeals subsections 30(2) to (7), therefore the text that is currently in subsection 30(1) will become the only text in this section.

Item 180 - Paragraph 30(1)(b)

174.           This item replaces the semicolon after the word ‘office’ with a full stop because item 181 removes the text that currently follows the word ‘office’.

Item 181 - Subsection 30(1)

175.           Subsection 30(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Institute of Marine Science Act 1972 and due to the note added by item 182, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 182 - At the end of subsection 30(1)

176.           Subsection 30(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 183 - Subsections 30(2) to (7)

177.           Subsections 30(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 182 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Australian Law Reform Commission Act 1996

Item 184 - At the end of subsections 13(1) and (2)

178.           Subsections 13(1) and (2) deal with acting President and Deputy President appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 185 - Subsection 13(4)

179.           This item repeals subsection 13(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Law Reform Commission Act 1996 .  Item 184 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 186 - Subsection 14(1)

180.           This item removes the number (1) from subsection 14(1) because item 188 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.

Item 187 - At the end of subsection 14(1)

181.           Subsection 14(1) deals with acting full-time member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 188 - Subsection 14(2)

182.           This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Law Reform Commission Act 1996.   Item 187 adds a note to refer readers to section 33A of the Acts Interpretation Act.



Australian Maritime Safety Authority Act 1990

Item 189 - At the end of subsections 18(1), (2) and (3)

183.           Subsections 18(1), (2) and (3) deal with acting Chairperson, Deputy Chairperson and member appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 190 - Subsections 18(5) and (6)

184.           Subsections 18(5) and (6) are being repealed.  Subsection 18(5) provides that ‘a person appointed to act during a vacancy must not continue so to act for more than 12 months.’  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.

185.           Subsection 18(6) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.

186.           Therefore these rules do not need to be repeated in the Australian Maritime Safety Authority Act 1990 and due to the notes added by item 189, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 191 - Paragraph 54(1)(b)

187.           This item replaces the semicolon after the word ‘office’ with a full stop because item 192 removes the text that currently follows the word ‘office’.

Item 192 - Subsection 54(1)

188.           Subsection 54(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Maritime Safety Authority Act 1990 and due to the note added by item 193, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 193 - At the end of subsection 54(1)

189.           Subsection 54(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 194 - Subsection 54(4)

190.           This item repeals subsection 54(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Maritime Safety Authority Act 1990.   Item 193 adds a note to refer readers to section 33A of the Acts Interpretation Act. 



Australian National Maritime Museum Act 1990

Item 195 - Subsection 3(1) (definition of continental shelf )

191.           The definition of continental shelf in subsection 3(1) of the Australian National Maritime Museum Act 1990 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Item 196 - At the end of subsections 18(1) and (2)

192.           Section 18 of the Australian National Maritime Museum Act 1990 deals with acting members.  This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.

Item 197 - Subsections 18(3) and (4)

193.           Section 18 of the Australian National Maritime Museum Act 1990 deals with acting member appointments.  Subsections 18(3) and (4) are being repealed.  Subsection 18(3) provides that ‘A person appointed under this section to act during a vacancy shall not continue to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.

194.           Subsection 18(4) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.

195.           Therefore these rules do not need to be repeated in the Australian National Maritime Museum Act 1990 and due to the note added by item 196, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 198 - Subsection 38(1)

196.           Section 38 of the Australian National Maritime Museum Act 1990 makes provision for an acting Director.  This item repeals subsection (1) because item 202 repeals subsection 38(2), therefore the text that is currently in subsection 38(1) will become the only text in this section.

Item 199 - Paragraph 38(1)(b)

197.           This item replaces the semicolon after the word ‘Director’ with a full stop because item 200 removes the text that currently follows the word ‘Director’.

Item 200 - Subsection 38(1)

198.           This item removes the text ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’ because this is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian National Maritime Museum Act 1990 .



Item 201 - At the end of subsection 38(1)

199.           Section 38 of the Australian National Maritime Museum Act 1990 makes provision for an acting Director.  Item 202 repeals subsection 38(2) (which specifies certain conditions when actions taken will not be invalid) and this is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill).  Therefore a note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 202 - Subsection 38(2)

200.           This item repeals subsection 38(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian National Maritime Museum Act 1990.   Item 201 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian National University Act 1991

Item 203 - Subsection 37(1)

201.           This item removes the number (1) from subsection 37(1) because item 207 repeals subsection 37(2), therefore the text that is currently in subsection 37(1) will become the only text in this section.

Item 204 - Paragraph 37(1)(b)

202.           This item replaces the semicolon after the word ‘office’ with a full stop because item 205 removes the text that currently follows the word ‘office’.

Item 205 - Subsection 37(1)

203.           Subsection 37(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian National University Act 1991 and due to the note added by item 206, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 206 - At the end of subsection 37(1)

204.           Subsection 37(1) deals with acting executive officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 207 - Subsection 37(2)

205.           This item repeals subsection 37(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian National University Act 1991.   Item 206 adds a note to refer readers to section 33A of the Acts Interpretation Act. 



Australian Nuclear Science and Technology Organisation Act 1987

Item 208 - At the end of subsection 17(1)

206.           Subsection 17(1) deals with acting Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 209 - Paragraph 17(2)(b)

207.           This item replaces the semicolon after the word ‘Deputy Chairperson’ with a full stop because item 210 removes the text that currently follows the word ‘Deputy Chairperson’.

Item 210 - Subsection 17(2)

208.           Subsection 17(2) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Nuclear Science and Technology Organisation Act 1987 and due to the note added by item 211, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 211 - At the end of subsection 17(2)

209.           Subsection 17(2) deals with acting Deputy Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 212 - Subsections 17(3), (4) and (6) to (8)

210.           Subsections 17(3), (4) and (6) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 211 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 213 - Paragraph 23(1)(b)

211.           This item replaces the semicolon after the word ‘office’ with a full stop because item 214 removes the text that currently follows the word ‘office’.

Item 214 - Subsection 23(1)

212.           Subsection 23(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Nuclear Science and Technology Organisation Act 1987 and due to the note added by item 215, readers will know to refer to section 33A of the Acts Interpretation Act.



Item 215 - At the end of subsection 23(1)

213.           Subsection 23(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 216 - Subsections 23(2), (5), (7) and (8)

214.           Subsections 23(2), (5), (7) and (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 215 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

Item 217 - Section 15 (note)

215.           The note to section 15 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.  

Item 218 - Subsection 16(1)

216.           This item removes the number (1) from subsection 16(1) because item 220 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.

Item 219 - At the end of subsection 16(1)

217.           Subsection 16(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 220 - Subsection 16(2)

218.           This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.   Item 219 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 221 - Subsection 34(3) (note)

219.           The note to subsection 34(3) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.  

Item 222 - At the end of subsection 36(1)

220.           Subsection 36(1) deals with acting Chair of the Advisory Council appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 223 - Subsection 36(3)

221.           This item repeals subsection 36(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.   Item 222 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 224 - At the end of subsection 37(1)

222.           Subsection 37(1) deals with acting Advisory Council member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 225 - Subsection 37(3)

223.           This item repeals subsection 37(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.   Item 224 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 226 - Subsection 46(2) (note)

224.           The note to subsection 46(2) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.  

Australian Passports Act 2005

Item 227 - Subparagraph 53(3)(ca)(i)

225.           This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Australian Postal Corporation Act 1989

Item 228 - At the end of subsections 82(1) and (2)

226.           Subsections 82(1) and (2) deal with acting Deputy Chairperson and director appointments.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 229 - Subsection 82(3)

227.           This item repeals subsection 82(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Postal Corporation Act 1989 .  Item 228 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 230 - Subsection 88(1)

228.           This item removes the number (1) from subsection 88(1) because there is no subsection 88(2) and item 232 repeals subsection 88(3).  Therefore, the text that is currently in subsection 88(1) will become the only text in this section.

Item 231 - At the end of subsection 88(1)

229.           Subsection 88(1) deals with acting Managing Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 232 - Subsection 88(3)

230.           This item repeals subsection 88(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Postal Corporation Act 1989.   Item 231 adds a note to refer readers to section 33A of the Acts Interpretation Act.

Item 233 - Section 90E (definition of business day )

231.           The definition of ‘business day’ in section 90E of the Australian Postal Corporation Act 1989 is being repealed because a definition of ‘business day’ is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill).  The meaning remains the same. 

Australian Prudential Regulation Authority Act 1998

Item 234 - At the end of subsections 19(1), (2) and (3)

232.           Subsections 19(1), (2) and (3) deal with acting member, Chair and Deputy Chair appointments.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 235 - Subsection 19(5)

233.           This item repeals subsection 19(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Prudential Regulation Authority Act 1998.   Item 234 adds notes to refer readers to section 33A of the Acts Interpretation Act.

Australian Radiation Protection and Nuclear Safety Act 1998

Item 236 - Subsection 53(1)

234.           This item removes the number (1) from subsection 53(1) because item 238 repeals subsection 53(2), therefore the text that is currently in subsection 53(1) will become the only text in this section.

Item 237 - At the end of subsection 53(1)

235.           Subsection 53(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 238 - Subsection 53(2)

236.           This item repeals subsection 53(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Radiation Protection and Nuclear Safety Act 1998.   Item 237 adds a note to refer readers to section 33A of the Acts Interpretation Act.   

Australian Research Council Act 2001

Item 239 - Subsection 35(1)

237.           This item removes the number (1) from subsection 35(1) because item 241 repeals subsection 35(2), therefore the text that is currently in subsection 35(1) will become the only text in this section.

Item 240 - At the end of subsection 35(1)

238.           Subsection 35(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 241 - Subsection 35(2)

239.           This item repeals subsection 35(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Research Council Act 2001.   Item 240 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian Security Intelligence Organisation Act 1979

Item 242 - Subsection 34G(5) (note 1)

240.           The note to subsection 34G(5) refers to subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated. 

Australian Sports Anti-Doping Authority Act 2006

Item 243 - Section 24B (note)

241.           The note to section 24B of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 244 - Subsection 24C(1)

242.           Section 24C of the Australian Sports Anti-Doping Authority Act 2006 makes provision for an acting CEO.  This item repeals subsection (1) because item 246 repeals subsection 24C(2), therefore the text that is currently in subsection 24C(1) will become the only text in this section.



Item 245 - At the end of subsection 24C(1)

243.           Section 24C of the Australian Sports Anti-Doping Authority Act 2006 makes provision for an acting CEO.  Item 246 repeals subsection 24C(2) (which specifies certain conditions when actions taken will not be invalid) and this is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill).  Therefore a note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 246 - Subsection 24C(2)

244.           This item repeals subsection 24C(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006.   Item 245 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 247 - Subsection 27(1) (note)

245.           The note to subsection 27(1) of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 248 - Section 28 (note)

246.           The note to subsection 28 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 249 - At the end of subsections 29(1) and (2)

247.           Section 29 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Advisory Group members appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 250 - Subsection 29(4)

248.           This item repeals subsection 29(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006.   Item 249 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 251 - Section 44 (note)

249.           The note to section 44 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 



Item 252 - At the end of subsections 45(1) and (2)

250.           Section 45 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Anti-Doping Rule Violation Panel members.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 253 - Subsection 45(3)

251.           This item repeals subsection 45(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006.   Item 252 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 254 - Subsection 54(1) (note)

252.           The note to subsection 54(1) of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 255 - Section 55 (note)

253.           The note to section 55 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 256 - At the end of subsections 56(1) and (2)

254.           Section 56 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Chair of the Australian Sports Drug Medical Advisory Committee appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 257 - Subsection 56(4)

255.           This item repeals subsection 56(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006.   Item 256 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 258 - Section 69 (note)

256.           The note to section 69 of the Australian Sports Anti-Doping Authority Act 2006 refers to the definition of ‘person’ in paragraph 22(1)(a) of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference. 

Australian Sports Commission Act 1989

Item 259 - Paragraph 20(1)(b)

257.           This item replaces the semicolon after the word ‘Chairperson’ with a full stop because item 260 removes the text that currently follows the word ‘Chairperson’.

Item 260 - Subsection 20(1)

258.           Subsection 20(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 261, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 261 - At the end of subsection 20(1)

259.           Subsection 20(1) of the Australian Sports Commission Act 1989 deals with acting Chairperson appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 262 - Paragraph 20(2)(b)

260.           This item replaces the semicolon after the phrase ‘Deputy Chairperson’ with a full stop because item 263 removes the text that currently follows the phrase ‘Deputy Chairperson’.

Item 263 - Subsection 20(2)

261.           Subsection 20(2) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 264, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 264 - At the end of subsection 20(2)

262.           Subsection 20(2) of the Australian Sports Commission Act 1989 deals with acting Deputy Chairperson appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 265 - Paragraph 20(3)(b)

263.           This item replaces the semicolon after the word ‘member’ with a full stop because item 266 removes the text that currently follows the word ‘member’.

Item 266 - Subsection 20(3)

264.           Subsection 20(3) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 267, readers will know to refer to section 33A of the Acts Interpretation Act.



Item 267 - At the end of subsection 20(3)

265.           Subsection 20(3) of the Australian Sports Commission Act 1989 deals with acting member appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 268 - Subsection 20(4)

266.           This item repeals subsection 20(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Commission Act 1989.   Items 261, 264 and 267 add notes to subsections 20(1), (2) and (3) to refer readers to section 33A of the Acts Interpretation Act. 

Item 269 - Subsection 39(1)

267.           This item removes the number (1) from subsection 39(1) because item 273 repeals subsection 39(2), therefore the text that is currently in subsection 39(1) will become the only text in this section.

Item 270 - Paragraph 39(1)(b)

268.           This item replaces the semicolon after the word ‘office’ with a full stop because item 271 removes the text that currently follows the word ‘office’.

Item 271 - Subsection 39(1)

269.           Subsection 39(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 272, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 272 - At the end of subsection 39(1)

270.           Subsection 39(1) of the Australian Sports Commission Act 1989 deals with acting Executive Director appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 273 - Subsection 39(2)

271.           This item repeals subsection 39(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Commission Act 1989.   Item 272 adds a note to subsection 39(1) to refer readers to section 33A of the Acts Interpretation Act. 

Item 274 - Subsection 54(1)

272.           This item adds a reference to section 39 because item 275 removes the reference to subsection 39(1) which will no longer exist due to the amendments made by item 269.



Item 275 - Subsection 54(1)

273.           Section 54 deals with delegations and currently cross-references subsection 39(1).  Item 269 removes the number (1) so that section 39 will not contain subsections.  Therefore this item removes the cross-reference to subsection 39(1) and item 276 adds a reference to section 39 to subsection 54(1).

Item 276 - Subsection 54(1)

274.           This item removes a reference to subsection 39(1) and replaces it with a reference to section 39 because item 269 removes the number (1) so that section 39 will not contain subsections. 

Australian Trade Commission Act 1985

Item 277 - Subsection 56(1)

275.           This item removes the number (1) from subsection 56(1) because item 279 repeals subsection 56(2), therefore the text that is currently in subsection 56(1) will become the only text in this section.

Item 278 - Subsection 56(1) (note)

276.           Subsection 56(1) deals with acting CEO appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 279 - Subsection 56(2)

277.           This item repeals subsection 56(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Trade Commission Act 1985.   Item 278 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Australian War Memorial Act 1980

Item 280 - Subsection 26(1)

278.           This item removes the number (1) from subsection 26(1) because item 284 repeals subsections 26(2) to (8), therefore the text that is currently in subsection 26(1) will become the only text in this section.

Item 281 - Paragraph 26(1)(b)

279.           This item replaces the semicolon after the word ‘office’ with a full stop because item 282 removes the text that currently follows the word ‘office’.

Item 282 - Subsection 26(1)

280.           Subsection 26(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Australian War Memorial Act 1980 and due to the note added by item 283, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 283 - At the end of subsection 26(1)

281.           Subsection 26(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 284 - Subsections 26(2) to (8)

282.           Subsections 26(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 283 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Banking Act 1959

Item 285 - Subsection 6A(1)

283.           This item removes the number (1) from subsection 6A(1) because item 287 repeals subsection 6A(2), therefore the text that is currently in subsection 6A(1) will become the only text in this section.

Item 286 - Subsection 6A(1)

284.           This item removes the reference to subsection 6A(2) from subsection 6A(1) because item 287 repeals subsection 6A(2).

Item 287 - Subsection 6A(2)

285.           Subsection 6A(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill.  Subsection 6A(2) is being repealed as new section 7 will apply to the case dealt with in subsection 6A(1).

Item 288 - Subsection 16AG(3) (note)

286.           The note to subsection 16AG(3) refers to subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated. 

Bankruptcy Act 1966

Item 289 - At the end of subsections 17(1) and (2)

287.           Subsections 17(1) and (2) deal with acting Inspector-General and Official Receiver appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 290 - Subsection 17(7)

288.           This item repeals subsection 17(7) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Bankruptcy Act 1966.   Item 289 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 291 - Section 185 (definition of insolvent under administration )

289.           The definition of ‘insolvent under administration’ in section 185 of the Bankruptcy Act 1966 is being repealed because a definition of ‘insolvent under administration’ is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Bills of Exchange Act 1909

Item 292 - Paragraph 19(2)(d)

290.           In Schedule 1 to this Bill the definition of ‘calendar month’ in the Acts Interpretation Act is being amended and a new definition of ‘month’ is being inserted into the Acts Interpretation Act (see new section 2G in item 4).  Paragraph 19(2)(b) of the Bills of Exchange Act 1909 is consequently being amended to clarify that the definition of ‘month’ has a different meaning for the purposes of section 19 of the Bills of Exchange Act 1909

Broadcasting Services Act 1992

Item 293 - Subsection 6(1) (definition of business day )

291.           The definition of ‘business day’ in subsection 6(1) of the Broadcasting Services Act 1992 is being repealed because a definition of ‘business day’ is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill).  The meaning remains the same. 

Item 294 - Subsections 146C(1) and (2) (note)

Item 295 - Subsections 146CA(1) and (2) (note)

Item 296 - Subsection 212B(6) (note)

Item 297 - Subclauses 6(9), (10) and (21) of Schedule 4 (note)

Item 298 - Subclauses 19(9), (10) and (21) of Schedule 4 (note)

Item 299 - Subclause 8(2) of Schedule 5 (note)

Item 300 - Subclause 40(5) of Schedule 5 (note)

292.           These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .

Item 301 - Clause 50 of Schedule 5 (note)

Item 302 - Subclause 60(4) of Schedule 5 (note)

293.           The notes to clause 50 and subclause 60(4) of Schedule 5 to the Broadcasting Services Act 1992 contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.

Item 303 - Subclause 60(5) of Schedule 5 (note)

Item 304 - Subclauses 91(2), (4) and (5) of Schedule 5 (note)

Item 305 - Subclause 3(7) of Schedule 6 (note)

Item 306 - Subclause 4(7) of Schedule 6 (note)

Item 307 - Subclause 13(8) of Schedule 6 (note)

Item 308 - Subclause 15(8) of Schedule 6 (note)

Item 309 - Subclause 21(8) of Schedule 6 (note)

Item 310 - Subclause 27(1) of Schedule 6 (note)

294.           These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .   

Item 311 - Subclause 27(8) of Schedule 7

Item 312 - Subclause 31(7) of Schedule 7

295.           The definition of ‘modifications’ in subclauses 27(8) and 31(7) of Schedule 7 to the Broadcasting Services Act 1992 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill).  The meaning remains the same. 

Item 313 - Clause 55 of Schedule 7 (note)

296.           The note to clause 55 refers to subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated. 

Building and Construction Industry Improvement Act 2005

Item 314 - Subsection 7(3)

297.           The definition of modifications in subsection 7(3) of the Building and Construction Industry Improvement Act 2005 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 315 - Subsection 16(1)

298.           This item removes the number (1) from subsection 16(1) because item 317 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.



Item 316 - At the end of subsection 16(1)

299.           Subsection 16(1) deals with acting ABC commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 317 - Subsection 16(2)

300.           This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Building and Construction Industry Improvement Act 2005.   Item 316 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Cancer Australia Act 2006

Item 318 - Subsection 16(1)

301.           This item removes the number (1) from subsection 16(1) because item 320 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.

Item 319 - At the end of subsection 16(1)

302.           Subsection 16(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 320 - Subsection 16(2)

303.           This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Cancer Australia Act 2006.   Item 319 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 321 - At the end of subsections 29(1) and (2)

304.           Subsections 29(1) and (2) deal with acting Chair and member appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 322 - Subsection 29(3)

305.           This item repeals subsection 29(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Cancer Australia Act 2006.   Item 321 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Chemical Weapons (Prohibition) Act 1994

Item 323 - Subsection 8B(3) (note)

Item 324 - Subsection 10(9) (note)

306.           These notes contain references to section 46 of the Acts Interpretation Act.  Subsection 46(2) was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .   

Child Support (Assessment) Act 1989

Item 325 - Subsection 5(1) (paragraph (c) of the definition of member of a couple )

307.           The definition of ‘member of a couple’ in subsection 5(1) of the Child Support (Assessment) Act 1989 refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Item 326 - Subsection 5(1) (definition of named month )

308.           This item repeals the current definition of ‘named month’, which refers to one of the 12 months of the year, which is the same as ‘calendar month’ as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill).  The child support legislation is amended so that the definition of ‘calendar month’ as defined in the Acts Interpretation Act is relied on. 

This will not result in a change in the operation of the provisions of Child Support (Assessment) Act 1989 .

Item 327 - Subsection 7A(1) (note)

309.           This note makes a technical amendment to correct the references to subsections (6), (7), (8) and (9) of section 7A, so that it reads ‘subsections (5) to (8).

Item 328 - Subsection 7A(1) (note)

310.           This item deletes the words ‘or definitive’ from the note at the end of subsection 7A(1) so that it instead reads ‘the examples are not exhaustive’.  The note makes a cross-reference to section 15AD of the Acts Interpretation Act which is amended by item 24 of Schedule 1 to this Bill to clarify that examples are not exhaustive and may extend the operation of the provision, therefore the examples in section 7A should not be referred to as being ‘definitive’.

Item 329 - Paragraph 7A(3)(b)

Item 330 - Subsection 34A(2)

Item 331 - Paragraphs 34A(3)(b) and (c)

Item 332 - Section 78

311.           All of these items replace the term ‘named month’ with ‘calendar month’ to ensure that the Child Support (Assessment) Act 1989   is consistent with the Acts Interpretation Act definition of ‘calendar month’ in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill and item 326 of this Schedule). 

Item 333 - Subsection 163A(5) (paragraph (b) of the definition of de facto relationship )

312.           The definition of ‘de facto relationship’ in subsection 163A(5) of the Child Support (Assessment) Act 1989 refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Child Support (Registration and Collection) Act 1988

Item 334 - Subsection 4(1) (definition of closing day )

313.           This item replaced the reference to ‘month’ with ‘calendar month’, as the term ‘month’ currently used in this Act refers to one of the twelve months of the year. This change means that the term ‘calendar month’ as defined in the new section 2B of the Acts Interpretation Act  (see item 4 of Schedule 1 to this Bill) is used.

Item 335 - Subsection 4(1) (definition of month )

314.           This item repeals the current definition of ‘month’, which refers to one of the 12 months of the year, which is the opposite of the definition of the term ‘month’ in new section 2G of the Acts Interpretation Act and means the same as ‘calendar month’ as defined in section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill).  The Child Support (Registration and Collection) Act 1988 is being amended to use the definitions of ‘month’ and ‘calendar month’ as defined in the Acts Interpretation Act.

315.           This will not result in a change in the operation of the provisions of the Child Support (Registration and Collection) Act 1988 .

316.           The use of the word 'monthly' in a provision of the  Child Support (Registration and Collection) Act 1988 may apply to either a 'month' or 'calendar month', dependent upon the the context of the provision and the payment period in the child support case to which the provision is being applied.

Item 336 - Subsection 26A(3) (example)

317.           This item replaces the word ‘month’ with ‘calendar month or month’, as the example is intended to refer to either.

Item 337 - Subsection 26B(4) (example 2)

318.           This item removes the word ‘calendar’ as this example refers to a month as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill). 

Item 338 - Subsection 44(10)

319.           This item replaces the words ‘one month’ with ‘one calendar month or one month’, as the provision is intended to restrict the Division to application to periods that are monthly or shorter. 

 

 

 

Item 339 - Section 47

Item 340 - Paragraphs 53(a), (b) and (c)

320.           These items replace the references to ‘month’ with ‘calendar month’ to give effect to the repeal of the definition of ‘month’ and the replacement of all relevant references with ‘calendar month’ (see items 334 and 335).

Item 341 - Subsection 65A(3) (example 2)

321.           This item omits the word ‘calendar’ from the text of the example as the example refers to a ‘month’ as defined in new section 2G of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill). 

Item 342 - Subsection 66(1)

Item 343 - Subsection 67(1AA)

Item 344 - Subsection 71AA(4) (example)

Item 345 - Subsection 76(1)

Item 346 - Paragraph 76(1)(a)

Item 347 - Paragraphs 77(a) and (b)

Item 348 - Section 78

322.           These items all replace references to ‘month’ with ‘calendar month’ to give effect to the repeal of the definition of ‘month’ by item 335 and the replacement of all relevant references with ‘calendar month’. This change means that the term ‘calendar month’ as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill) is used.

Civil Aviation Act 1988

Item 349 - Section 55 (note)

323.           The note to section 55 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 350 - Subsection 62(1)

324.           This item removes the number (1) from subsection 62(1) because item 352 repeals subsection 62(2), therefore the text that is currently in subsection 62(1) will become the only text in this section.

Item 351 - At the end of subsection 62(1)

325.           Subsection 62(1) deals with acting Chair appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 352 - Subsection 62(2)

326.           This item repeals subsection 62(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988.   Item 351 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 353 - Subsection 63(1)

327.           This item removes the number (1) from subsection 63(1) because item 355 repeals subsection 63(2), therefore the text that is currently in subsection 63(1) will become the only text in this section.

Item 354 - At the end of subsection 63(1)

328.           Subsection 63(1) deals with acting Board member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 355 - Subsection 63(2)

329.           This item repeals subsection 63(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988.   Item 354 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 356 - Subsection 74(1) (note)

330.           The note to subsection 74(1) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly. 

Item 357 - Subsection 82(1)

331.           This item removes the number (1) from subsection 82(1) because item 359 repeals subsection 82(2), therefore the text that is currently in subsection 82(1) will become the only text in this section.

Item 358 - At the end of subsection 82(1)

332.           Subsection 82(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 359 - Subsection 82(2)

333.           This item repeals subsection 82(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988.   Item 358 adds a note to refer readers to section 33A of the Acts Interpretation Act. 



Civil Aviation (Carriers’ Liability) Act 1959

Item 360 - Subsection 5(1) (definition of Australian citizen )

334.           The definition of Australian citizen in subsection 5(1) of the Civil Aviation (Carriers’ Liability) Act 1959 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 361 - Subsection 25(2)

335.           Subsection 25(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. The reference is being removed as new section 7 will apply to the case dealt with in subsection 25(2).

Classification (Publications, Films and Computer Games) Act 1995

Item 362 - At the end of subsection 66(1)

336.           Subsection 66(1) deals with acting Director arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 363 - At the end of subsection 66(2)

337.           Subsection 66(2) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 364 - At the end of subsection 66(3)

338.           Subsection 66(3) deals with acting member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 365 - Subsection 66(4)

339.           This item repeals subsection 66(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Classification (Publications, Films and Computer Games) Act 1995.   Items 362, 363 and 364 add notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 366 - At the end of subsection 84(1)

340.           Subsection 84(1) deals with acting Convenor arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 367 - At the end of subsection 84(2)

341.           Subsections 84(2) deals with acting Convenor  appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 368 - At the end of subsection 84(3)

342.           Subsections 84(3) deals with acting member of the Review Board appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 369 - Subsection 84(4)

343.           This item repeals subsection 84(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Classification (Publications, Films and Computer Games) Act 1995.   Items 366, 367 and 368 add notes to refer readers to section 33A of the Acts Interpretation Act. 

COAG Reform Fund Act 2008

Item 370 - Subsection 8(1) (note)

344.           This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references. 

Coal Mining Industry (Long Service Leave Funding) Act 1992

Item 371 - At the end of subsection 31(1)

345.           Subsection 31(1) deals with acting Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.  

Item 372 - At the end of subsection 31(2)

346.           Subsection 31(2) deals with acting Deputy Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 373 - Subsection 31(5)

347.           This item repeals subsection 31(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coal Mining Industry (Long Service Leave Funding) Act 1992.   Item 372 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 374 - At the end of subsection 32(1)

348.           Subsection 32(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 375 - Subsection 32(3)

349.           This item repeals subsection 32(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coal Mining Industry (Long Service Leave Funding) Act 1992.   Item 374 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Commonwealth Authorities and Companies Act 1997

Item 376 - Section 5 (definition of APS employee )

350.           The definition of ‘APS employee’ in section 5 of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of ‘APS employee’ is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 377 - Subsection 33(1)

351.           This item removes the number (1) from subsection 33(1) because item 378 repeals subsection 33(2), therefore the text that is currently in subsection 33(1) will become the only text in this section.

Item 378 - Subsection 33(2)

352.           The definition of modifications in subsection 33(2) of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 379 - Subsection 46(2) (definition of modifications )

353.           The definition of modifications in subsection 46(2) of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 380 - Saving of regulations

354.           This provision ensures that any regulations in force immediately prior to the commencement of the amendment made to sections 33 and 46 of the Commonwealth Authorities and Companies Act 1997 by items 377 and 379 are not impacted by the amendment and continue to be in force.

Commonwealth Electoral Act 1918

Item 381 - Subsection 13(1)

355.           This item removes the number (1) from subsection 13(1) because item 385 repeals subsections 13(2) to (6), therefore the text that is currently in subsection 13(1) will become the only text in this section.

Item 382 - Paragraph 13(1)(b)

356.           This item replaces the semicolon after the word ‘office’ with a full stop because item 383 removes the text that currently follows the word ‘office’.

Item 383 - Subsection 13(1)

357.           Subsection 13(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 384, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 384 - At the end of subsection 13(1)

358.           Subsection 13(1) deals with acting Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 385 - Subsections 13(2) to (6)

359.           Subsections 13(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 384 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 386 - Subsection 14(1)

360.           This item removes the number (1) from subsection 14(1) because item 390 repeals subsections 14(2) to (6), therefore the text that is currently in subsection 14(1) will become the only text in this section.

Item 387 - Paragraph 14(1)(b)

361.           This item replaces the semicolon after the word ‘office’ with a full stop because item 388 removes the text that currently follows the word ‘office’.

Item 388 - Subsection 14(1)

362.           Subsection 14(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 389, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 389 - At the end of subsection 14(1)

363.           Subsection 14(1) deals with acting non-judicial appointee appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 390 - Subsections 14(2) to (6)

364.           Subsections 14(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 389 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 391 - At the end of subsection 19(3)

365.           Subsection 19(3) deals with acting Electoral Commissioner arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 392 - Subsection 19(5)

366.           Subsection 19(5) provides that ‘a person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner ’.  This is a rule set out in existing paragraph 33A(1)(e) of the Acts Interpretation Act, therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 391, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 393 - Subsection 26(1)

367.           This item removes the number (1) from subsection 26(1) because item 397 repeals subsections 26(2) to (6), therefore the text that is currently in subsection 26(1) will become the only text in this section.

Item 394 - Subparagraph 26(1)(b)(ii)

368.           This item replaces the semicolon after the phrase ‘Deputy Electoral Commissioner’ with a full stop because item 395 removes the text that currently follows the phrase ‘Deputy Electoral Commissioner’.

Item 395 - Subsection 26(1)

369.           Subsection 26(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 396, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 396 - At the end of subsection 26(1)

370.           Subsection 26(1) deals with acting Electoral Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 397 - Subsections 26(2) to (6)

371.           Subsections 26(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 396 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 398 - Subsection 27(1)

372.           This item removes the number (1) from subsection 27(1) because item 402 repeals subsections 27(2) to (6), therefore the text that is currently in subsection 27(1) will become the only text in this section.

Item 399 - Paragraph 27(1)(b)

373.           This item replaces the semicolon after the word ‘office’ with a full stop because item 400 removes the text that currently follows the word ‘office’.

Item 400 - Subsection 27(1)

374.           Subsection 27(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 401, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 401 - At the end of subsection 27(1)

375.           Subsection 27(1) deals with acting Deputy Electoral Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 402 - Subsections 27(2) to (6)

376.           Subsections 27(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 401 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 403 - At the end of subsection 30(2)

377.           Subsection 30(2) deals with acting Australian Electoral Officer for the Australian Capital Territory appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 404 - Subsections 30(3) to (5)

378.           Subsections 30(3) to (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 403 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 405 - At the end of subsection 31(3)

379.           Subsection 31(3) deals with acting Australian Electoral Officer for a State arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 406 - Subsection 31(4)

380.           This item repeals subsection 31(4) which provides that ‘a person acting as Australian Electoral Officer for a State has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the State’.  This is the same as subparagraph 33A(1)(e)(i) of the Acts Interpretation Act and therefore does not need to be repeated in the Commonwealth Electoral Act 1918.  Item 405 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 407 - Subsection 253(2)

381.           This item removes the reference to ‘standard’ time in subsection 253(2) of the Commonwealth Electoral Act 1918 because item 94 of Schedule 1 to this Bill removes the concept of ‘standard time’ from the Acts Interpretation Act so that only the reference to ‘legal time’ remains. 

Commonwealth Serum Laboratories Act 1961

Item 408 - Subsection 19B(1) (definition of Australian citizen )

382.           The definition of Australian citizen in subsection 19B(1) of the Commonwealth Serum Laboratories Act 1961 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Competition and Consumer Act 2010

Item 409 - Subsection 4(1) (definition of document )

383.           The definition of ‘document’ in subsection 4(1) of the Competition and Consumer Act 2010 is being amended so that it is consistent with the amendments to the definition of ‘document’ in the Acts Interpretation Act being made by item 4 of Schedule 1 to this Bill.

Item 410 - At the end of subsection 11(1)

384.           Subsection 11(1) deals with acting Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 411 - Subsection 11(1A)

385.           This item repeals subsection 11(1A) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010 .  Item 410 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 412 - At the end of subsection 11(2)

386.           Subsection 11(2) deals with acting Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 413 - Subsection 29E(1)

387.           This item removes the number (1) from subsection 29E(1) because item 415 repeals subsection 29E(2), therefore the text that is currently in subsection 29E(1) will become the only text in this section.

Item 414 - At the end of subsection 29E(1)

388.           Subsection 29E(1) deals with acting Council President appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 415 - Subsection 29E(2)

389.           This item repeals subsection 29E(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010.   Item 414 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 416 - At the end of subsections 34(1), (2) and (3)

390.           Subsections 34(1), (2) and (3) deal with acting President, Deputy President and member appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 417 - Subsection 44A(1)

391.           This item removes the number (1) from subsection 44A(1) because item 419 repeals subsections 44A(2) to (6), therefore the text that is currently in subsection 44A(1) will become the only text in this section.

Item 418 - At the end of subsection 44A(1)

392.           Subsection 44A(1) deals with acting Registrar and Deputy Registrar appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 419 - Subsections 44A(2) to (6)

393.           Subsections 44A(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 418 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 420 - Subsection 44AO(1) (note)

394.           Subsection 44AO(1) deals with acting Commonwealth AER member appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 421 - Subsection 44AO(3)

395.           This item repeals subsection 44AO(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010.   Item 420 updates a note referring readers to section 33A of the Acts Interpretation Act. 

Item 422 - Subsection 44AQ(1) (note)

396.           Subsection 44AQ(1) deals with acting State/Territory AER member appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 423 - Subsection 44AS(1) (note)

397.           Subsection 44AS(1) deals with acting AER Chair appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 424 - Subsection 44AS(3)

398.           This item repeals subsection 44AS(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010.   Item 423 updates a note referring readers to section 33A of the Acts Interpretation Act. 

Item 425 - Section 44AAH (note 1)

399.           This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references. 

Item 426 - Paragraph 51(2)(c)

400.           This item updates a reference to ‘Standards Australia International Limited’ in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).  

Item 427 - Subsection 151BUAA(1B) (note)

401.           The note to subsection 151BUAA(1B) contains a reference to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the

cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .   

Item 428 - Subsection 151BUA(2) (note)

Item 429 - Subsection 151BUA(6) (note)

Item 430 - Subsection 151BUB(2) (note)

Item 431 - Subsection 151BUC(2) (note 2)

402.           These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.

Item 432 - Subsection 151BUD(1) (note)

Item 433 - Subsection 151BUD(3) (note)

403.           The notes to subsections 151BUD(1) and (3) contain a reference to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the

cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .   

Item 434 - Subsection 151BUDA(2) (note)

Item 435 - Subsection 151BUDB(2) (note)

Item 436 - Subsection 151BUDC(2) (note 2)

404.           These notes contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act.  As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.

Item 437 - Subsection 152AR(4B) and (4C) (note)

405.           The notes to subsections 152AR(4B) and (4C) contain a reference to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the

cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .  

Item 438 - Paragraph 51(2)(c) of Schedule 1

406.           This item updates a reference to ‘Standards Australia International Limited’ in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).  

Item 439 - Subsection 2(1) of Schedule 2 (definition of document )

407.           The definition of document in subsection 2(1) of Schedule 2 to the Competition and Consumer Act 2010 is being amended so that it is consistent with the amendments to the definition of ‘document’ in the Acts Interpretation Act being made by item 4 of Schedule 1 to this Bill.

Item 440 - Paragraph 105(1)(a) of Schedule 2

Item 441 - Paragraph 135(1)(a) of Schedule 2

408.           These items update references to ‘Standards Australia International Limited’ in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill). 

Coordinator-General for Remote Indigenous Services Act 2009

Item 442 - Subsection 19(1) (note)

409.           The note to subsection 19(1) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.

Item 443 - At the end of subsection 20(1)

410.           Subsection 20(1) deals with acting Coordinator-General appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 444 - Subsection 20(3)

411.           This item repeals subsection 20(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coordinator-General for Remote Indigenous Services Act 2009.   Item 443 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Copyright Act 1968

Item 445 - At the end of subsection 170(7)

412.           Subsection 170(7) deals with acting Registrar appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 446 - Subsection 170(8)

413.           This item repeals subsection 170(8) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Copyright Act 1968.   Item 445 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Item 447 - At the end of subsections 663-25(1) and (2)

414.           Subsections 663-25(1) and (2) deal with acting Registrar and Deputy Registrar appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 448 - Subsection 663-25(3)

415.           This item repeals subsection 663-25(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .  Item 447 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 449 - Subsection 694-110(3)

416.           This item updates a cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.

Item 450 - Section 700-1 (definition of Australia ) (note) 

417.           The definition of ‘Australia’ in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 refers to paragraph 17(a) of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.

Item 451 - Section 700-1 (definition of business day )

418.           The definition of business day in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The only difference in meaning will be that a bank holiday is currently specified not to be a business day, whereas this will not be the case under the new definition in the Acts Interpretation Act. 

Item 452 - Section 700-1 (definition of territorial sea )

419.           The definition of territorial sea in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Crimes Act 1914

Item 453 - Subsection 4AAA(1) (note 2)

Item 454 - Subsection 4AAB(1) (note 2)

420.           These notes refer to the definition of ‘Justice of the Peace’ in paragraph 26(e) of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so these items update the cross-references. 

Item 455 - Subsection 15A(1ACA)

421.           This subsection provides that paragraph 26(d) of the Acts Interpretation Act (which defines ‘court of summary jurisdiction’) does not apply.  Section 26 is repealed by item 57 of Schedule 1 and whilst there will be a definition of ‘court of summary jurisdiction’ in new section 2B (see item 4), the revised definition will be consistent with the reference to ‘court of summary jurisdiction’ in subsection 15A(1AC) of the Crimes Act 1914 .  Therefore subsection 15A(1ACA) is being repealed.

Item 456 - At the end of section 25

422.           Subsection 25(2) of the Crimes Act 1914 contains a reference to ‘British possession’ which is currently defined in section 18 of the Acts Interpretation Act.  The only application for this definition is for this subsection of the Crimes Act 1914 , therefore the definition is being repealed from the Acts Interpretation Act (see item 33 of Schedule 1 to this Bill) and inserted in section 25 as a new subsection 25(3).  The definition remains the same except that reference to the ‘King’s dominions’ is being updated to the ‘Sovereign’s dominions’.

Crimes at Sea Act 2000

Item 457 - Clause 13 of Schedule 1 (definition of continental shelf )

Item 458 - Clause 13 of Schedule 1 (definition of territorial sea )

423.           The definitions of ‘continental shelf’ and ‘territorial sea’ in clause 13 of Schedule 1 to the Crimes at Sea Act 2000 are being repealed because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same in both cases. 

Criminal Code Act 1995

Item 459 - Subsection 100.5(3) of the Criminal Code

424.           Subsection 100.5(3) of the Criminal Code refers to sections 22A, 22B and 22C of the Acts Interpretation Act.  The content of these sections is being moved to sections 2D, 2E and 2F, so this item updates the cross-references. 

Item 460 - Section 130.1 of the Criminal Code (note)

Item 461 - Dictionary in the Criminal Code (definition of person) (note)

425.           Both of these notes refer to the definition of ‘person’ in paragraph 22(1)(a) of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-references.

Criminology Research Act 1971

Item 462 - Subsection 22(1)

426.           This item removes the number (1) from subsection 22(1) because item 466 repeals subsections 22(2) to (7), therefore the text that is currently in subsection 22(1) will become the only text in this section.

Item 463 - Paragraph 22(1)(b)

427.           This item replaces the semicolon after the word ‘Director’ with a full stop because item 464 removes the text that currently follows the word ‘Director’.

Item 464 - Subsection 22(1)

428.           Subsection 22(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Criminology Research Act 1971 and due to the note added by item 465, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 465 - At the end of subsection 22(1)

429.           Subsection 22(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 466 - Subsections 22(2) to (7)

430.           Subsections 22(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 465 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Cross-Border Insolvency Act 2008

Item 467 - Subsection 7(2) (note)

431.           This note refers to the definition of ‘Australia’ in paragraph 17(a) of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.

Customs Act 1901

Item 468 - Subsection 4(1) (definition of contiguous zone )

Item 469 - Subsection 4(1) (definition of Continental shelf )

Item 470 - Subsection 4(1) (definition of exclusive economic zone )

Item 471 - Subsection 4(1) (definition of insolvent under administration )

432.           These items repeal the definitions of ‘contiguous zone’, ‘Continental shelf’, ‘exclusive economic zone’ and ‘insolvent under administration’ from subsection 4(1) of the Customs Act 1901 .  This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same in all cases.

Item 472 - Subsection 9(3)

433.           This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.

Item 473 - Subsections 71AAAE(1) and (2) (note 2)

434.           The second note in subsections 71AAAE(1) and (2) contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .   

Item 474 - Subsection 153ZA(1) (definition of continental shelf )

Item 475 - Subsection 153ZIB(1) (definition of continental shelf )

Item 476 - Subsection 153ZKB(1) (definition of exclusive economic zone )

435.           These items repeal definitions of ‘continental shelf’ and ‘exclusive economic zone’ from subsections 153ZA(1), 153ZIB(1) and 153ZKB(1) of the Customs Act 1901 .  This is because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same in all cases.

Item 477 - At the end of subsection 269ZS(1)

436.           Subsection 269ZS(1) deals with acting Review Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 478 - Subsection 269ZS(3)

437.           This item repeals subsection 269ZS(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Customs Act 1901 .   Item 477 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Customs Administration Act 1985

Item 479 - Subsection 13(1)

438.           This item removes the number (1) from subsection 13(1) because item 481 repeals subsections 13(2) to (8), therefore the text that is currently in subsection 13(1) will become the only text in this section.



Item 480 - At the end of subsection 13(1)

439.           Subsection 13(1) deals with acting CEO appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 481 - Subsections 13(2) to (8)

440.           Subsections 13(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 480 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 482 - Subsection 14(4)

441.           This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.

Customs Tariff Act 1995

Item 483 - Schedule 3 (Section XI, paragraph (b) of Additional Note 1)

Item 484 - Schedule 3 (Section XI, subparagraph (b)(i) of the Additional Note 1)

Item 485 - Schedule 3 (Section XI, subparagraph (b)(ii) of Additional Note 1)

Item 486 -Schedule 3 (Section XI, paragraph (c) of Additional Note 1)

442.           These items update references to ‘Standards Australia International Limited’ in the Customs Tariff Act 1995 due to the new definition being added to the Acts Interpretation Act and update reference numbers to reflect the new rule for interpreting Australian Standards numbers being included in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill).  

Defence Act 1903

Item 487 - Subsection 9C(1)

443.           This item removes the number (1) from subsection 9C(1) because item 491 repeals subsection 9C(2), therefore the text that is currently in subsection 9C(1) will become the only text in this section.

Item 488 - Paragraph 9C(1)(b)

444.           This item replaces the semicolon after the word ‘office’ with a full stop because item 489 removes the text that currently follows the word ‘office’.

Item 489 - Subsection 9C(1)

445.           Subsection 9C(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 490, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 490 - At the end of subsection 9C(1)

446.           Subsection 9C(1) deals with acting Chief of the Defence Force, Vice Chief of the Defence Force and office of service chief of an arm of the Defence Force appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 491 - Subsection 9C(2)

447.           This item repeals subsection 9C(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903.   Item 490 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 492 - Subsection 51(1) (definition of continental shelf )

Item 493 - Subsection 51(1) (definition of exclusive economic zone )

Item 494 - Subsection 51(1) (definition of territorial sea )

448.           These items repeal the definitions of ‘continental shelf’, ‘exclusive economic zone’ and ‘territorial sea’ from subsection 51(1) of the Defence Act 1903 .  This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same in all cases.

Item 495 - Paragraph 58P(1)(b)

449.           This item replaces the semicolon after the word ‘office’ with a full stop because item 496 removes the text that currently follows the word ‘office’.

Item 496 - Subsection 58P(1)

450.           Subsection 58P(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 497, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 497 - At the end of subsection 58P(1)

451.           Subsection 58P(1) of the Defence Act 1903 deals with acting members of the Tribunal appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 498 - Subsections 58P(2) to (7)

452.           Subsections 58P(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 497 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 



Item 499 - Subsection 58X(1)

453.           This item removes the number (1) from subsection 58X(1) because item 503 repeals subsections 58X(2) to (7), therefore the text that is currently in subsection 58X(1) will become the only text in this section.

Item 500 - Paragraph 58X(1)(b)

454.           This item replaces the semicolon after the word ‘office’ with a full stop because item 501 removes the text that currently follows the word ‘office’.

Item 501 - Subsection 58X(1)

455.           Subsection 58X(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 502, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 502 - At the end of subsection 58X(1)

456.           Subsection 58X(1) deals with acting Advocate appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 503 - Subsections 58X(2) to (7)

457.           Subsections 58X(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 502 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 504 - At the end of subsections 61CO(1) and (2)

458.           Subsections 61CO(1) and (2) deal with acting full-time and part-time members of a Conscientious Objection Tribunal appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 505 - Subsection 61CO(9)

459.           This item repeals subsection 61CO(9) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903.   Item 504 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 506 - At the end of subsection 110N(1)

460.           Subsection 110N(1) deals with acting Inspector-General ADF appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 507 - Subsection 110N(2)

461.           This item repeals subsection 110N(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903.   Item 506 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 508 - Subsections 110YC(1) and (2) (note)

462.           Subsections 110YC(1) and (2) deal with acting Tribunal Chair and member appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 509 - Subsection 110YC(4)

463.           This item repeals subsection 110YC(4) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903.   Item 508 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Defence Force Discipline Act 1982

Item 510 - Subsection 188(1)

464.           This item removes the number (1) from subsection 188(1) because item 514 repeals subsections 188(2) to (8), therefore the text that is currently in subsection 188(1) will become the only text in this section.

Item 511 - Paragraph 188(1)(b)

465.           This item replaces the semicolon after the word ‘office’ with a full stop because item 512 removes the text that currently follows the word ‘office’.

Item 512 - Subsection 188(1)

466.           Subsection 188(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Defence Force Discipline Act 1982 and due to the note added by item 513, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 513 - At the end of subsection 188(1)

467.           Subsection 188(1) deals with acting Judge Advocate General or a Deputy Judge Advocate General appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 514 - Subsections 188(2) to (8)

468.           Subsections 188(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 513 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 515 - At the end of subsection 188FL(1)

469.           Subsection 188FL(1) deals with acting Registrar appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 516 - Subsection 188FL(2)

470.           This item repeals subsection 188FL(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Force Discipline Act 1982.   Item 515 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 517 - At the end of subsection 188GP(1)

471.           Subsection 188GP(1) deals with acting Director of Military Prosecutions appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 518 - Subsection 188GP(2)

472.           This item repeals subsection 188GP(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Force Discipline Act 1982.   Item 517 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Defence Force Retirement and Death Benefits Act 1973

Item 519 - Paragraph 6A(4)(ba)

473.           This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Defence Home Ownership Assistance Scheme Act 2008

Item 520 - Subsection 80(1) (note)

Item 521 - Subsection 81(1) (note)

Item 522 - Subsection 81(6) (note at the end of the definition of senior employee ) (note)

474.           These notes refer to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references. 



Defence Housing Australia Act 1987

Item 523 - At the end of subsections 23(1), (2) and (2A)

475.           Subsections 23(1), (2) and (2A) deal with acting Chairperson and member appointments.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 524 - Subsections 23(3) to (9)

476.           Subsections 23(3) to (9) are being repealed because they are similar to rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 523 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 525 - Subsection 27(3) (note)

477.           The note to subsection 27(3) refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.

Item 526 - Paragraph 54(1)(b)

478.           This item replaces the semicolon after the word ‘office’ with a full stop because item 527 removes the text that currently follows the word ‘office’.

Item 527 - Subsection 54(1)

479.           Subsection 54(1) provides that ‘but a person appointed to act during a vacancy shall not continue to act as Managing Director for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Defence Housing Australia Act 1987 and due to the note added by item 528, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 528 - At the end of subsection 54(1)

480.           Subsection 54(1) deals with acting Managing Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.

Item 529 - Subsections 54(2) to (5) and (7)

481.           Subsections 54(2) to (5) and (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 528 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Dental Benefits Act 2008

Item 530 - Subsection 41(1) (note)

482.           This note refers to the definition of ‘APS employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference. 

Item 531 - Subsection 66(1) (note)

483.           This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference. 

Designs Act 2003

Item 532 - Subsection 15(2) (note)

484.           This note refers to the definition of ‘document’ in section 25 of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2B (and amends it), so this item updates the cross-reference.

Development Allowance Authority Act 1992

Item 533 - Subsection 106(1)

485.           This item removes the number (1) from subsection 106(1) because item 535 repeals subsections 106(5), therefore the text that is currently in subsection 106(1) will become the only text in this section.  The heading to subsection 106(1) is being removed for the same reason.

Item 534 - At the end of subsection 106(1)

486.           Subsection 106(1) deals with acting Development Allowance Authority appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 535 - Subsection 106(5)

487.           This item repeals subsection 106(5) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Development Allowance Authority Act 1992.   Item 534 adds a note to refer readers to section 33A of the Acts Interpretation Act.

Director of Public Prosecutions Act 1983

Item 536 - At the end of subsection 26(1)

488.           Subsection 26(1) deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 537 - At the end of subsection 26(1A)

489.           Subsection 26(1A) deals with acting Director arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 538 - Subsections 26(2), (4) and (6) to (9)

490.           Subsections 26(2), (4) and (6) to (9) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Items 536 and 537 add notes so readers are aware of section 33A of the Acts Interpretation Act. 

Item 539 - Paragraph 26A(1)(b)

491.           This item replaces the semicolon after the word ‘office’ with a full stop because item 540 removes the text that currently follows the word ‘office’.

Item 540 - Subsection 26A(1)

492.           Subsection 26A(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Director of Public Prosecutions Act 1983 and due to the note added by item 541, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 541 - At the end of subsection 26A(1)

493.           Subsection 26A(1) deals with acting Associate Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 542 - Subsection 26A(3)

494.           This item repeals subsection 26A(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Director of Public Prosecutions Act 1983 .  Item 541 adds a note to refer readers to section 33A of the Acts Interpretation Act. 



Disability Discrimination Act 1992

Item 543 - Subsection 4(1) (definition of document )

495.           The definition of ‘document’ in subsection 4(1) of the Disability Discrimination Act 1992 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).

Item 544 - Subsection 120(1)

496.           This item removes the number (1) from subsection 120(1) because item 546 repeals subsection 120(2), therefore the text that is currently in subsection 120(1) will become the only text in this section.

Item 545 - At the end of subsection 120(1)

497.           Subsection 120(1) deals with acting Commissioner appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 546 - Subsection 120(2)

498.           This item repeals subsection 120(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Disability Discrimination Act 1992.   Item 545 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Do Not Call Register Act 2006

Item 547 - Section 4 (definition of organisation ) (note)

499.           The note to subsection 4 refers to the definition of ‘person’ in paragraph 22(1)(a) of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-references.

Education Services for Overseas Students Act 2000

Item 548 - Subsection 52(1)

500.           This item removes the number (1) from subsection 52(1) because item 550 repeals subsection 52(2), therefore the text that is currently in subsection 52(1) will become the only text in this section.

Item 549 - At the end of subsection 52(1)

501.           Subsection 52(1) deals with acting Fund Manager appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 550 - Subsection 52(2)

502.           This item repeals subsection 52(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Education Services for Overseas Students Act 2000 .  Item 549 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Environment Protection and Biodiversity Conservation Act 1999

Item 551 - Subsection 25A(1) (note)

Item 552 - Subsection 28AA(1) (note)

503.           The notes in subsection 25A(1) and subsection 28AA(1) of the Environment Protection and Biodiversity Conservation Act 1999 both contain references to subsection 46(2) of the Acts Interpretation Act.  That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced with references to subsection 13(3) of the Legislative Instruments Act 2003 .   



Item 553 - Section 170D

504.           Section 170D cross-references the definition of ‘business day’ in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 .  Item OB3C repeals the definition, therefore the cross-reference is being removed by this item.

Item 554 - Subsection 303FRA(4) (definition of modifications )

505.           The definition of modifications in subsection 303FRA(4) of the Environment Protection and Biodiversity Conservation Act 1999 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 555 - Subsection 324N(3)

506.           Subsection 324N(3) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications.  The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 556 - Subsection 341N(3)

507.           Subsection 341N(3) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications.  The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 557 - Subsection 350(7) (note)

508.           The note in subsection 350(7) refers to the definition of ‘estate’ in section 22 of the Acts Interpretation Act.  This definition is being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-reference is being updated.

Item 558 - Subsection 380(1A)

509.           Subsection 380(1A) of the Environment Protection and Biodiversity Conservation Act 1999 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 559 - Subsection 449BB(5)

510.           Subsection 449BB(5) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications.  The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 560 - At the end of subsection 514G(1)

511.           Subsection 514G(1) of the Environment Protection and Biodiversity Conservation Act 1999 deals with acting Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 561 - Subsection 514G(3)

512.           This item repeals subsection 514G(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Environment Protection and Biodiversity Conservation Act 1999.   Item 560 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 562 - Section 528 (definition of business day )

513.           The definition of business day in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The only difference in meaning will be that a bank holiday is currently specified not to be a business day, whereas this will not be the case under the new definition in the Acts Interpretation Act. 

Environment Protection (Sea Dumping) Act 1981

Item 563 - Subsection 4(1) (paragraph (c) of the definition of Australian waters )

514.           The definition of ‘exclusive economic zone’ in paragraph (c) of the definition of ‘Australian waters’ in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 defines this to mean ‘within the meaning of the Seas and Submerged Lands Act 1973 ’.  Item 4 of Schedule 1 to this Bill inserts a new definition of ‘exclusive economic zone’ in new section 2B of the Acts Interpretation Act with the same meaning, so the words do not need to be repeated in the Environment Protection (Sea Dumping) Act 1981 and are therefore being removed.

Item 564 - Subsection 4(1) (definition of continental shelf )

515.           The definition of continental shelf in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Item 565 - Subsection 4(1) (definition of territorial sea )  

516.           The definition of territorial sea in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same.  

Evidence Act 1995

Item 566 - After subsection 3(1)

517.           The dictionary to the Evidence Act 1995 appears at the end of the Act, that is, after the Schedule.  Item 22 of Schedule 1 to this Bill amends section 13 of the Acts Interpretation Act which deals with what material is part of an Act and provides that all material from and including the first section of an Act to the end of the last Schedule to the Act is part of the Act.  This amendment clarifies that the dictionary to the Evidence Act is part of the Act so that there is no doubt created by the amendments to section 13. 



Excise Tariff Act 1921

Item 567 - Paragraph 3(6)(b)

518.           This item updates a reference to ‘Australian Standard AS/NZS 1960.1:1995’ in the Excise Tariff Act 1921 to reflect the new rule for interpreting Australian Standards numbers in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill). 

Item 568 - The Schedule (definition of territorial sea )

519.           The definition of ‘territorial sea’ in the Schedule to the Excise Tariff Act 1921 is being repealed because a definition of ‘territorial sea’ is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Export Control Act 1982

Item 569 - Section 3 (definition of document )

520.           The definition of ‘document’ in section 3 of the Export Control Act 1982 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).

Export Finance and Insurance Corporation Act 1991

Item 570 - At the end of subsection 38(1)

521.           Subsection 38(1) deals with acting Chairperson arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 571 - At the end of subsection 38(2)

522.           Subsection 38(2) deals with acting Deputy Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 572 - Subsections 38(4) and (5)

523.           Subsections 38(4) and (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 571 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 573 - At the end of subsections 39(1) and (2)

524.           Subsections 39(1) and (2) deal with acting member appointments.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 574 - Subsection 39(3)

525.           This item repeals subsection 39(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Export Finance and Insurance Corporation Act 1991 .  Item 573 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 575 - At the end of subsection 79(1)

526.           Subsection 79(1) deals with acting Managing Director arrangements.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 576 - At the end of subsection 79(2)

527.           Subsection 79(2) deals with acting Deputy Managing Director appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 577 - Subsections 79(3) and (4)

528.           Subsections 79(3) and (4) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Items 575 and 576 add notes so readers are aware of section 33A of the Acts Interpretation Act. 

Export Market Development Grants Act 1997

Item 578 - Subsection 33(2) (note 1)

Item 579 - Subsection 37(1) (note 1)

529.           These notes refer to the definition of ‘foreign country’ in section 22 of the Acts Interpretation Act.  This definition is being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-references are being updated.

Item 580 - Section 87B (note)

Item 581 - Subsection 87C(1) (note)

530.           These notes refer to the definitions of ‘external Territory’ and ‘foreign country’ in sections 17 and 22 of the Acts Interpretation Act respectively.  These definitions are being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-references are being updated.

Item 582 - Subsection 107(1) (definition of person ) (note)

531.           This note refers to the definition of ‘person’ in section 22 of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.

Fair Work (Registered Organisations) Act 2009

Item 583 - Subsection 343A(3) (note)

532.           This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference. 



Family Law Act 1975

Item 584 - Subsection 38M(1)

533.           This item removes the number (1) from subsection 38M(1) because item 586 repeals subsections 38M(2) and (3), therefore the text that is currently in subsection 38M(1) will become the only text in this section.

Item 585 - At the end of subsection 38M(1)

534.           Subsection 38M(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 586 - Subsections 38M(2) and (3)

535.           Subsections 38M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 585 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 587 - Paragraph 60EA(a)

536.           This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Item 588 - Section 90MD (definition of business day )

537.           The definition of business day in section 90MD of the Family Law Act 1975 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Item 589 - Subsection 114D(1) (note)

538.           The note to subsection 114D(1) of the Family Law Act 1975 refers to subsection 33(4A) of the Acts Interpretation Act.  Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference. 

Item 590 - Subsection 114F(1)

539.           This item removes the number (1) from subsection 114F(1) because item 592 repeals subsection 114F(2), therefore the text that is currently in subsection 114F(1) will become the only text in this section.

Item 591 - At the end of subsection 114F(1)

540.           Subsection 114F(1) of the Family Law Act 1975 deals with acting Director appointments.  This item adds a note referring readers to section 33A of the Acts Interpretation Act.

Item 592 - Subsection 114F(2)

541.           This item repeals subsection 114F(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Family Law Act 1975.   Item 591 adds a note to subsection 114F(1) to refer readers to section 33A of the Acts Interpretation Act. 

Federal Court of Australia Act 1976

Item 593 - Subsection 18M(1)

542.           This item removes the number (1) from subsection 18M(1) because item 595 repeals subsections 18M(2) and (3), therefore the text that is currently in subsection 18M(1) will become the only text in this section.

Item 594 - At the end of subsection 18M(1)

543.           Subsection 18M(1) deals with acting Registrar appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 595 - Subsections 18M(2) and (3)

544.           Subsections 18M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill).  Item 594 adds a note so readers are aware of section 33A of the Acts Interpretation Act. 

Item 596 - Subsection 23EG(4) (note)

545.           This item repeals the note at the end of subsection 23EG(4) because it refers to subsection 46(3) of the Acts Interpretation Act which is repealed by item 106 of Schedule 1.

Federal Financial Relations Act 2009

Item 597 - Subsection 23(1) (note)

546.           This note refers to the definitions of ‘SES employee’ and ‘acting SES employee’ in section 17AA of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references. 

Federal Magistrates Act 1999

Item 598 - Paragraph 9E(7)(ba) of Schedule 1

547.           This paragraph refers to the definition of ‘registered relationship’ in section 22B of the Acts Interpretation Act.  Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.

Item 599 - Subclause 10(1) of Schedule 1 (note)

548.           Subclause 10(1) of Schedule 1 of the Federal Magistrates Act 1999 deals with acting Chief Federal Magistrate appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 600 - Subclause 10(2) of Schedule 1

549.           This item repeals subclause 10(2) of Schedule 1 which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Federal Magistrates Act 1999.   Item 599 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 601 - Subclause 9(1) of Schedule 2

550.           This item removes the number (1) from subclause 9(1) because item 603 repeals subclause 9(2), therefore the text that is currently in subclause 9(1) will become the only text in this section.

Item 602 - Subclause 9(1) of Schedule 2 (note)

551.           Subclause 9(1) of Schedule 2 of the Federal Magistrates Act 1999 deals with acting Chief Executive Officer appointments.  There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts. 

Item 603 - Subclause 9(2) of Schedule 2

552.           This item repeals subclause 9(2) of Schedule 2 which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Federal Magistrates Act 1999.   Item 602 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Financial Management and Accountability Act 1997

Item 604 - Subsection 58(2) (definition of modifications )

553.           The definition of modifications in subsection 58(2) of the Financial Management and Accountability Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same.

Item 605 - Saving of regulations

554.           This provision ensures that any regulations in force immediately prior to the commencement of the amendment made by item 604 are not impacted by the amendment and continue to be in force.

Fisheries Administration Act 1991

Item 606 - Subsection 14(1)

555.           This item removes the number (1) from subsection 14(1) because item 608 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.

Item 607 - At the end of subsection 14(1)

556.           Subsection 14(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 



Item 608 - Subsection 14(2)

557.           This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991.   Item 607 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 609 - Subsection 61(1)

558.           This item removes the number (1) from subsection 61(1) because item 613 repeals subsection 61(2), therefore the text that is currently in subsection 61(1) will become the only text in this section.

Item 610 - Paragraph 61(1)(b)

559.           This item replaces the semicolon after the word ‘office’ with a full stop because item 611 removes the text that currently follows the word ‘office’.

Item 611 - Subsection 61(1)

560.           Subsection 61(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Fisheries Administration Act 1991 and due to the note added by item 612, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 612 - At the end of subsection 61(1)

561.           Subsection 61(1) deals with acting Chairperson of a management advisory committee appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 613 - Subsection 61(2)

562.           This item repeals subsection 61(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991.   Item 612 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 614 - Subsection 103(1)

563.           This item removes the number (1) from subsection 103(1) because item 618 repeals subsection 103(2), therefore the text that is currently in subsection 103(1) will become the only text in this section.

Item 615 - Paragraph 103(1)(b)

564.           This item replaces the semicolon after the word ‘office’ with a full stop because item 616 removes the text that currently follows the word ‘office’.



Item 616 - Subsection 103(1)

565.           Subsection 103(1) provides that ‘but a person appointed to act during a vacancy shall not continue so to act for more than 12 months’.  This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that ‘where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months’.  Therefore this rule does not need to be repeated in the Fisheries Administration Act 1991 and due to the note added by item 617, readers will know to refer to section 33A of the Acts Interpretation Act.

Item 617 - At the end of subsection 103(1)

566.           Subsection 103(1) deals with acting Chairperson appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 618 - Subsection 103(2)

567.           This item repeals subsection 103(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991.   Item 617 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Fisheries Management Act 1991

Item 619 - Subsection 4(1) (definition of continental shelf )

Item 620 - Subsection 4(1) (definition of exclusive economic zone )

Item 621 - Subsection 4(1) (definition of territorial sea )

568.           These items repeal the definitions of ‘continental shelf’, ‘exclusive economic zone’ and ‘territorial sea’ from subsection 4(1) of the Fisheries Management Act 1991 .  This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same in all cases.

Item 622 - Subsection 128(1)

569.           This item removes the number (1) from subsection 128(1) because item 624 repeals subsection 128(2), therefore the text that is currently in subsection 128(1) will become the only text in this section.

Item 623 - At the end of subsection 128(1)

570.           Subsection 128(1) deals with acting Principal Member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 624 - Subsection 128(2)

571.           This item repeals subsection 128(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Management Act 1991.   Item 623 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Item 625 - Subsection 140(1)

572.           This item removes the number (1) from subsection 140(1) because item 627 repeals subsection 140(2), therefore the text that is currently in subsection 140(1) will become the only text in this section.

Item 626 - At the end of subsection 140(1)

573.           Subsection 140(1) deals with acting Presiding Member appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 627 - Subsection 140(2)

574.           This item repeals subsection 140(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Management Act 1991.   Item 626 adds a note to refer readers to section 33A of the Acts Interpretation Act. 

Food Standards Australia New Zealand Act 1991

Item 628 - Subsection 112(7) (definition of modifications )

575.           The definition of modifications in subsection 112(7) of the Food Standards Australia New Zealand Act 1991 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1).  The meaning remains the same. 

Item 629 - At the end of subsections 121(1) and (2)

576.           Subsections 121(1) and (2) deal with acting Chairperson and member appointments respectively.  Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 630 - Subsection 121(3)

577.           This item repeals subsection 121(3) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Food Standards Australia New Zealand Act 1991.   Item 629 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Item 631 - Subsection 134(1)

578.           This item removes the number (1) from subsection 134(1) because item 633 repeals subsection 134(2), therefore the text that is currently in subsection 134(1) will become the only text in this section.

Item 632 - At the end of subsection 134(1)

579.           Subsection 134(1) deals with acting Chief Executive Officer appointments.  A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act. 

Item 633 - Subsection 134(2)

580.           This item repeals subsection 134(2) which specifies certain conditions when actions taken will not be invalid.  This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Food Standards Australia New Zealand Act 1991.   Item 632 adds notes to refer readers to section 33A of the Acts Interpretation Act. 

Foreign Proceedings (Excess of Jurisdiction) Act 1984

Item 634 - Subsection 3(1) (definition of document )

581.           The definition of ‘document’ in subsection 3(1) of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).

Freedom of Information Act 1982

Item 635 - Subsection 47J(1) (note)

582.           The note in subsection 47J(1) refers to the definition of ‘person’ in section 22 of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) (see item 4 of Schedule 1), therefore the cross-reference is being updated.

Fringe Benefits Tax (Application to the Commonwealth) Act 1986

Item 636 - Subsection 4(1)

583.           This item removes the number (1) from subsection 4(1) because item 637 repeals subsection 4(2), therefore the text that is currently in subsection 4(1) will become the only text in this section.

Item 637 - Subsection 4(2)

584.           Subsection 4(2) of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 provides a definition of ‘modifications’.  Subsection 4(2) is being repealed because a definition of ‘modifications’ is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Item 638 - Subsection 5(1)

585.           This item removes the number (1) from subsection 5(1) because item 639 repeals subsections 5(2), therefore the text that is currently in subsection 5(1) will become the only text in this section.

Item 639 - Subsection 5(2)

586.           Subsection 5(2) of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 provides a definition of ‘modifications’.  Subsection 5(2) is being repealed because a definition of ‘modifications’ is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 



Item 640 - Saving of regulations

587.           This provision ensures that any regulations in force immediately prior to the commencement of the amendment made by item 639 are not impacted by the amendment and continue to be in force.

Fringe Benefits Tax Assessment Act 1986

Item 641 - Subsection 135T(4)

588.           Subsection 135T(4) of the Fringe Benefits Tax Assessment Act 1986 provides a definition of ‘modifications’.  Subsection 135T(4) is being repealed because a definition of ‘modifications’ is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Item 642 - Subsection 136(1) (definition of business day )

589.           The definition of business day in subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1).  The meaning remains the same. 

Future Fund Act 2006

Item 643 - Section 5 (definition of person ) (note)

590.           This note refers to the definition of ‘person’ in paragraph 22(1)(a) of the Acts Interpretation Act.  This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.

Item 644 -