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Statute Law Revision Bill 2012

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2010 - 2011 - 2012

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

STATUTE LAW REVISION BILL 2012

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

(Circulated by the authority of the Attorney-General,

the Hon Nicola Roxon MP)



STATUTE LAW REVISION BILL 2012

General Outline

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

2                     The Bill also contains amendments to:

(a)                 remove specific references to regulations concerning aircraft and to replace them with generic, more robust, references;

(b)                make amendments consequential on amendments to the Acts Interpretation Act 1901 and the enactment of the Legislative Instruments Act 2003 ;

(c)                 remove specific references in Acts to Ministers and Departments and to replace them with generic, more robust, references and reduce the need for Orders under section 19B or 19BA of the Acts Interpretation Act 1901 to be made and read in conjunction with the Acts;

(d)                repeal obsolete provisions and Acts;

(e)                 modernise language and to make other technical amendments in certain legislation.

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

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

Financial Impact

5                     The Bill will have no financial impact.

Statement of Compatibility with Human Rights

6                     Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

7                     This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

8                     The amendments make technical corrections and technical improvements to legislation. They also repeal obsolete provisions and Acts. The amendments will improve the ease of administration of legislation and reduce the regulatory burden. They do not engage any human rights issues.

9                     The Bill is compatible with human rights.



Notes on clauses

Clause 1—Short title

10                 Clause 1 provides for the Act to be cited as the Statute Law Revision Act 2012 .

Clause 2—Commencement

11                 Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

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

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

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

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

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

17                 The items in Part 2 of Schedule 1 commence on 1 August 2011. These amendments update the citation of a Victorian Act from the date that the citation of the Victorian Act changed. Although the amendments are retrospective, various interpretative laws, such as section 10A of the Acts Interpretation Act 1901 , and the application of the “slip rule”, mean that the text of the law would have been taken to have been correct from 1 August 2011, despite the error.

18                 Item 124 of Schedule 1 commences immediately after the commencement of item 61 of Schedule 1 to the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012 . Depending on the commencement of that Act, item 124 of Schedule 1 may have a prospective or retrospective commencement. Due to the application of the “slip rule”, amendments will merely ensure that the text of the law accords with how it would be interpreted, whether those amendments are retrospective or prospective.

19                 Item 125 of Schedule 1 commences immediately after the commencement of item 36 of Schedule 1 to the Judges and Governors-General Legislation Amendment (Family Law) Act 2012 . Depending on the commencement of that Act, item 125 may have a prospective or retrospective commencement. Due to the application of the “slip rule”, amendments will merely ensure that the text of the law accords with how it would be interpreted, whether those amendments are retrospective or prospective.

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

21                 Schedule 3 to the Bill removes specific references to regulations concerning aircraft to replace them with generic, more robust, references. The Schedule is to commence on the day this Act receives the Royal Assent.

22                 Schedule 4 to the Bill makes amendments consequential on amendments to the Acts Interpretation Act 1901 and the enactment of the Legislative Instruments Act 2003 . The Schedule is to commence on the day this Act receives the Royal Assent.

23                 Schedule 5 to the Bill amends a number of Acts to ensure that Commonwealth Ministers are consistently mentioned by reference to the administration of identified legislation rather than by name. It also amends a number of Acts to ensure that Departments of State are consistently mentioned by reference to the Minister administering identified legislation or a particular matter rather than by name. The Schedule is to commence 28 days after Royal Assent.

24                 Schedule 6 to the Bill repeals obsolete provisions of Acts. The Schedule is to commence on the day this Act receives the Royal Assent.

25                 Schedule 7 to the Bill repeals obsolete Acts and makes consequential amendments to other Acts. The Schedule is to commence on the day this Act receives the Royal Assent.

Clause 3—Schedule(s)

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



 

Schedule 1 Amendment of principal Acts

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

Part 1—Amendments commencing on Royal Assent

Item 1

28                 Paragraph 8-6(3)(b) of the Aged Care Act 1997 used to refer to paragraphs 8-3(3)(a) and (b) of that Act. Those paragraphs were repealed by item 4 of Schedule 1 to the Aged Care Amendment (2008 Measures No. 2) Act 2008 and replaced by paragraphs 8-3A(1)(a) and (b). Item 13 of Schedule 1 to that Act repealed and substituted paragraph 8-6(3)(b) of the Aged Care Act 1997 , intending to refer to the replacement provisions. However, paragraph 8-6(3)(b) incorrectly refers to paragraphs 8-3A(a) and (b) (which do not exist). Item 1 corrects the cross-reference.

Item 2

29                 Item 2 amends subsection 38-3(3) of the Aged Care Act 1997 to insert a cross-reference to paragraph 38-3(1)(ca), which was inserted by item 79 of Schedule 1 to the Aged Care Amendment (2008 Measures No. 2) Act 2008 . Consequential amendments to insert cross-references to paragraph 38-3(1)(ca) were inserted throughout the Aged Care Act 1997 by other items of that Schedule. However, the amendment of subsection 38-3(3) was overlooked.

Item 3

30                 Section 39-1 of the Aged Care Act 1997 relates to the certification of a residential care service. Item 3 changes “Certifications” to “Certification” in the heading to the section for consistency with the remainder of the section.

Items 4 to 6

31                 Items 4 to 6 are related. When the Accreditation Grant Principles 1999 under the Aged Care Act 1997 was replaced by the Accreditation Grant Principles 2011, the term “support contact” was replaced by the term “assessment contact”. Subparagraphs 95A-1(2)(d)(ii), 95A-1(2)(e)(ii) and 95A-12(2)(b)(iii) of that Act required consequential amendments, however, the consequential amendments were not made. Items 4 to 6 make those consequential amendments.

Item 7

32                 Item 7 repeals section 96-11 of the Aged Care Act 1997 , which provides for the Minister to give general policy directions during the 12 month period after the commencement of that section. That period has ended and no Ministerial directions have been given and so the section is obsolete.

Item 8

33                 As the result of a typographical error, paragraph 11(1)(a) of the Aged Care (Bond Security) Act 2006 incorrectly refers to a “former approved provide” instead of “former approved provider”. Item 8 corrects that typographical error.

Item 9

34                 Item 9 amends paragraph (c) of the definition of entity in section 5 of the Air Passenger Ticket Levy (Collection) Act 2001 to replace a semi-colon at the end of the paragraph with a full stop. This corrects the punctuation at the end of that definition.

Item 10

35                 The heading to subsection 84A(1A) of the Airports Act 1996 refers to “Advice to State or Territory etc.” but, following the passage of item 8 of Schedule 2 to the Airports Amendment Act 2010 , it became out-of-date. Item 10 removes that subsection heading.

Item 11

36                 The definition of services in subsection 8(1A) of the Air Services Act 1995 lists things that are all included in the meaning of services. Paragraphs (a) to (d) of that definition do not have conjunctions. Item 11 adds conjunctions at the end of the paragraphs.

Item 12

37                 Paragraph (a) of the definition of election period in subsection 79A(5) of the Australian Broadcasting Corporation Act 1983 incorrectly refers to “the Legislative Assembly of the Australian Capital Territory”. However, as subsection 8(1) of the Australian Capital Territory (Self-Government) Act 1988 establishes a Legislative Assembly for the Australian Capital Territory, item 12 amends that definition so that it uses “for” rather than “of”.

Item 13

38                 Subparagraph 4(3)(a)(i) of the Australian Crime Commission Act 2002 provides that a reference in the Act to a Parliament of a State is to be read as, in relation to the Australian Capital Territory, “a reference to the Legislative Assembly of that Territory”. However, as subsection 8(1) of the Australian Capital Territory (Self-Government) Act 1988 establishes a Legislative Assembly for the Australian Capital Territory, item 13 amends that subparagraph so that it refers to “for that Territory” rather than “of that Territory”.

Item 14

39                 Subsection 55A(11) of the Australian Crime Commission Act 2002 relates to section 15 of that Act. However, section 15 was repealed by item 1 of Schedule 1 to the Australian Crime Commission Amendment Act 2004 . Subsection 55A(11) is redundant and item 14 repeals the subsection (including its heading).

Items 15 and 16

40                 Items 15 and 16 are related. Section 46PW of the Australian Human Rights Commission Act 1986 contains references to “the Fair Work Australia”. The word “the” is redundant in that phrase. Items 15 and 16 omit the redundant text.

Item 17

41                  The only words in subsection 8(4) of the Australian Law Reform Commission Act 1996 are “In this section:”. Since there are no longer any definitions in that subsection it is redundant. Item 17 repeals that subsection.

Item 18

42                 Item 18 omits the conjunction “and” from the end of paragraph 2A(2)(d) of the Australian National Preventive Health Agency Act 2010 , as the inclusion of that conjunction is inconsistent with current drafting practice.

Item 19

43                 Item 19 amends subparagraphs 11(1)(f)(i), (ii) and (iii) of the Australian National Preventive Health Agency Act 2010 to add missing conjunctions at the end of each of the subparagraphs (for consistency with current drafting practice).

Item 20

44                 Item 20 replaces the reference in section 11A of the Australian National Preventive Health Agency Act 2010 to “web site” (expressed as 2 words) to “website” (expressed as one word), for consistency with current drafting practice.

Item 21

45                 At the end of the heading to subsection 38C(11) of the Broadcasting Services Act 1992 there is a full stop. The heading should not contain any such punctuation. Item 21 corrects the error in punctuation.

Item 22

46                 Section 205ZD of the Broadcasting Services Act 1992 was inserted by item 48 of Schedule 1 to the Communications Legislation Amendment (Enforcement Powers) Act 2006 with two subparagraphs numbered as (b)(ii). Item 22 renumbers the second occurring subparagraph (ii) as subparagraph (iii).

Item 23

47                 Paragraph (a) of the definition of election period in clause 1 of Schedule 2 to the Broadcasting Services Act 1992 incorrectly refers to “the Legislative Assembly of the Australian Capital Territory”. However, as subsection 8(1) of the Australian Capital Territory (Self-Government) Act 1988 establishes a Legislative Assembly for the Australian Capital Territory, item 23 amends the paragraph so that it uses “for” rather than “of”.

Item 24

48                 Item 24 amends paragraph 41G(3)(b) of Schedule 4 to the Broadcasting Services Act 1992 to add a missing full stop at the end of paragraph 41G(3)(b), which is at the end of subclause 41G(3) of that Schedule.

Item 25

49                 The definition of native forest in section 5 of the Carbon Credits (Carbon Farming Initiative) Act 2011 was enacted with 2 paragraphs (b). Item 25 reletters the second occurring paragraph (b) as paragraph (ca).

Item 26

50                 The note to subsection 214(2) of the Carbon Credits (Carbon Farming Initiative) Act 2011 indicates that, for the conduct of an audit under that section, users should see section 75AA of the National Greenhouse and Energy Reporting Act 2007 . No such section exists. Section 75 of the National Greenhouse and Energy Reporting Act 2007 covers that topic. Item 26 corrects the cross-reference.

Item 27

51                 Item 8 of the table in section 240 of the Carbon Credits (Carbon Farming Initiative) Act 2011 incorrectly refers to determinations being made under sections 57 and 58. However, determinations are made under regulations made for the purposes of section 57 and no determinations are made under section 58. Item 27 corrects the incorrect cross-reference and removes the redundant cross-reference.

Item 28

52                 Section 273 of the Carbon Credits (Carbon Farming Initiative) Act 2011 was enacted with 2 subparagraphs (d)(ii). Item 28 reletters the second occurring subparagraph (ii) as subparagraph (iii).

Item 29

53                 Paragraph 2 of Article 4 of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4, as set out in Schedule 5 to the Civil Aviation (Carriers’ Liability) Act 1959 , refers to “himslf”. Item 29 corrects that spelling error.

Item 30

54                 Paragraph 1 of Article 12 of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4, as set out in Schedule 5 to the Civil Aviation (Carriers’ Liability) Act 1959 , refers to “orginally”. Item 30 corrects that spelling error.

Item 31

55                 Paragraph 139C(1)(a) of the Competition and Consumer Act 2010 contains a typographical error as it refers to the “actual or apparent authority or the employee” rather than the “actual or apparent authority of the employee”. Item 31 fixes that typographical error.

Items 32 to 34

56                 Subsection 152AGA(2) of the Competition and Consumer Act 2010 provides that a network is not a designated superfast telecommunications network for the purposes of this Part if, under subsection 141A(1), the network is exempt from section 141. The references in subsection 152AGA(2) of that Act, and in the note to that subsection, to section 141 or subsection 141A(1) are meant to be references to the provisions of the Telecommunications Act 1997 . Items 32 to 34 insert the correct cross-references.

Item 35

57                 Section 152BC of the Competition and Consumer Act 2010 contains 2 subsections (4A). Item 35 renumbers the subsection (4A) that was inserted into the section by item 103 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 as subsection (4AA).

Item 36

58                 Subsection 4(1) of the Competition and Consumer Act 2010 defines “Australian Consumer Law” for the purposes of the Act. However, the reference to “Australian Consumer Law” in paragraph 163A(1)(aaa) contains a typographical error. Item 36 fixes that typographical error.

Item 37

59                 Paragraph 144A(3)(b) of the Copyright Act 1968 is spent as it relates to section 148 of the Copyright Act 1968 , which used to cover special types of inquiry requested by the Attorney-General and was repealed by item 20 of the Schedule to the Copyright Amendment Act 1989 . (The existing section 148 of the Copyright Act 1968 was added by item 1 of Schedule 4 to the Copyright Amendment Act (No. 1) 1998 and is unrelated.) Item 37 repeals subsection 144A(3) of the Copyright Act 1968 to repeal paragraph (b) and remake the subsection without unnecessary paragraphing. It also removes references to inquiries by the Tribunal under the Act, which are no longer covered by the Act.

Item 38

60                 Item 38 replaces “a a” (twice occurring) with “a” in paragraph (b) of the definition of independent review in subsection 23YUK(4) of the Crimes Act 1914 . This corrects an error introduced to the definition by item 15 of Schedule 5 to the Freedom of Information Amendment (Reform) Act 2010.

Items 39 and 40

61                 Items 39 and 40 repeal subsection 71.16(2) of the Criminal Code and remove the redundant subsection number (1) in subsection 71.16(1) of the Criminal Code . Subsection 71.16(2) of the Criminal Code contains definitions of Australian aircraft , Australian ship , defence aircraft and defence ship that are defined in the same terms in the Dictionary in the Criminal Code .

Item 41

62                 Subsection 67EE(3) of the Customs Act 1901 contains a reference to subsection 64AB(3C) of that Act. However, that subsection was repealed by item 118 of Schedule 3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 . Item 41 amends subsection 67EE(3) of the Customs Act 1901 to remove the redundant cross-reference.

Item 42

63                 Table item 2 of the table in subsection 132AA(4) of the Customs Act 1901 relates to paragraphs 77D(5)(b) and 77E(5)(b) of that Act. Item 81 of Schedule 3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 repealed Division 4A of Part IV. That Division included sections 77D and 77E of the Customs Act 1901 . Item 42 repeals table item 2 of the table in subsection 132AA(4) of the Customs Act 1901 to remove the redundant table item.

Item 43

64                 Item 43 replaces “to enable a Collector to enable a Collector” (twice occurring) with “to enable a Collector” in subsection 240(1) of the Customs Act 1901 . This corrects an error introduced by section 31 of the Customs and Excise Legislation Amendment Act 1990 .

Item 44

65                 Section 269ZDB of the Customs Act 1901 contains 2 subsections (1A). Item 44 renumbers the subsection (1A) inserted by item 15 of Schedule 1 to the Customs Amendment (Anti-dumping Measures) Act 2011 as subsection (1AA).

Items 45 and 46

66                 Items 45 and 46 are related items. Subsection 273GAA(4) and paragraph 273GA(1)(c) of the Customs Act 1901 relate to a decision under subsection 119(2) of that Act not to grant a Certificate of Clearance. However, section 119 was repealed by item 62 of Schedule 3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 . That item also repealed and substituted a new section 118, which deals with Certificates of Clearance. Items 45 and 46 correct the cross-references.

Item 47

67                 Section 273J of the Customs Act 1901 relates to applications for review of decisions made for the purposes of various sections of the Customs Tariff (Coal Export Duty) Act 1975 . The second mentioned Act was repealed by section 3 of the Coal Tariff Legislation Amendment Act 1992 , so section 273J is redundant. Item 47 repeals the redundant section.

Item 48

68                 Section 273JA of the Customs Act 1901 relates to applications for review of decisions made for the purposes of various sections of the Customs Tariff (Stand-By Duty) Act 1985 . The second mentioned Act was repealed by section 28 of the Primary Industries and Energy Legislation Amendment (No. 3) Act 1990 , so section 273JA is redundant. Item 48 repeals the redundant section.

Item 49

69                 Subsection 273K(1) of the Customs Act 1901 refers to subsections 273J(1) and 273JA(1) of that Act. Those subsections are being repealed by items 47 and 48 of this Schedule. Item 49 makes a consequential amendment to remove the redundant cross-references.

Item 50

70                 Item 50 replaces “from a such a” with “from such a” in paragraph (c) of the definition of cetacean in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 . This corrects a typographical error that was introduced by item 801 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006 .

Item 51

71                 Clause 96 of Schedule 1 to the Workplace Relations Act 1996 was amended by items 324 to 326 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and following the amendments made by Schedule 22 to that Act is now section 96 of the Fair Work (Registered Organisations) Act 2009 . The reference to “Schedule” in subsection (3) of that section should be a reference to “Act”. Item 51 corrects that error.

Item 52

72                 Section 317 of the Fair Work (Registered Organisations) Act 2009 refers to “contraventions of this Act or this Act”. The second reference to “this Act” is intended to be a cross-reference to the Fair Work Act. Item 52 fixes that incorrect cross-reference.

Item 53

73                 Subsection 69C(1) of the Family Law Act 1975 contains a cross-reference to subsection 68T(4) of that Act. Subsection 68T(4) was repealed by item 1 of Schedule 6 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 . Item 53 amends subsection 69C(1) to remove the redundant cross-reference.

Item 54

74                 Paragraph 65DAA(2)(b) of the Family Law Act 1975 contains the redundant conjunction “and” at the end of it. Item 54 omits that conjunction.

Item 55

75                 Note 1 to Section 23DE of the Federal Court of Australia Act 1976 has a redundant closing parenthesis. Item 55 removes the redundant parenthesis.

Item 56

76                 Item 20 of Schedule 2 to the Tax Laws Amendment (Confidentiality of Tax Payer Information) Act 2010 repealed the only section in Division 3 of Part 5 to the First Home Saver Accounts Act 2008 . Since Division 3 no longer contains any provisions, the heading to that Division is redundant. Item 56 repeals the heading.

Items 57 to 59

77                 Items 57 to 59 are related. The heading to section 26A of the Freedom of Information Act 1982 was altered by the Territories Law Reform Act 2010 to include “etc.” after the word “relations”. The heading to section 26A is cross-referenced in other provisions of the Freedom of Information Act 1982 . The Territories Law Reform Act 2010 updated some of those cross-references to include the “etc.”. However, references in table item 1 of subsection 53C(1) and notes to subsections 54Y(2) and 55G(1) were not updated. Items 57 to 59 amend those provisions to update the cross-references.

Item 60

78                 Existing paragraph 39QA(2)(b) of the Great Barrier Reef Marine Park Act 1975 relates to subsection 39PA(3) of that Act. Subsection 39PA(3) was repealed by item 112 of Schedule 5 to the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 . Item 60 repeals subsection 39QA(2) of the Great Barrier Reef Marine Park Act 1975 to repeal paragraph (b) and remake the subsection without unnecessary paragraphing.

Item 61

79                 Paragraph 59F(7)(d) of the Great Barrier Reef Marine Park Act 1975 provides that a delegation under subsection 59F(6) of the Act may be given to various authorities or people if an arrangement is in force under subsection 42(2) of the Act. However, subsection 42(2) of the Act was repealed by item 117 of Schedule 5 to the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 . Item 122 of that Schedule repealed and substituted section 48A of the Great Barrier Reef Marine Park Act 1975 to deal with equivalent matters to subsection 42(2) of the Great Barrier Reef Marine Park Act 1975 . Item 61 corrects the cross-reference.

Item 62

80                 The heading to section 129AAG of the Health Insurance Act 1973 refers to “CEO or employee of Medicare Australia” but, following the passage of the Human Services Legislation Amendment Act 2011 , which proposed to amend Acts to update all of the references to the “CEO Medicare Australia”, it should refer to “Chief Executive Medicare or Departmental employee”. Item 62 fixes that error.

Item 63

81                 Item 63 amends paragraph 130(9)(c) of the Health Insurance Act 1973 to insert a missing comma between the cross-references to paragraphs (6)(e) and (ea) of that section.

Item 64

82                 Item 64 replaces “Section” with “section” in two places in table item 1, column headed “Chapter/Part/section”, of subsection 238-10(1) of the Higher Education Support Act 2003 . This corrects two typographical errors.

Items 65 and 66

83                 Items 65 and 66 are related. Paragraph 6(1)(b) and subclause 12A(2) of Schedule 1A to the Higher Education Support Act 2003 refer to subsections rather than subclauses. Items 65 and 66 fix that error.

Item 67

84                 Paragraph 5(2)(e) of the Human Rights (Parliamentary Scrutiny) Act 2011 refers to the “Chair of Committees of the House of Representatives”. The title of “Chairman of Committees” was dropped with the abolition of the committee of the whole in 1994. The correct title is now “Deputy Speaker”. Item 67 corrects the reference to that title.

Item 68

85                 The heading to section 42 of the Human Services (Medicare) Act 1973 refers to “Chief Executive Officer’s annual report” but, following the amendments of section 42 by items 83 to 86 of Schedule 1 to the Human Services Legislation Amendment Act 2011 , this heading became inaccurate. Item 68 fixes that error.

Item 69

86                 There is a definition of Environment Department in subsection 5(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 , but that term is not used in that Act. Item 69 removes that definition.

Items 70 to 79

87                 In sections 21E, 21H and 21L to the Industrial Chemicals (Notification and Assessment) Act 1989 , there are a number of subsections with headings that are within square brackets. Placing subsection headings within square brackets was the format used for such headings at the time the provisions were inserted into the Act. This is no longer the format used for such headings, therefore items 70 to 79 remove the square brackets around the headings (for consistency with current drafting practice).

Item 80

88                 The note to subsection 22(3) of the Inspector-General of Intelligence and Security Act 1986 begins with a lower case letter rather than a capital letter, following amendment by item 54 of Schedule 2 to the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 . Item 80 corrects that typographical error.

Item 81

89                 Subsection 62ZV(2) of the Insurance Act 1973 was repealed by item 57 of Schedule 2 to the Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 , leaving only the text of subsection 62ZV(1). Item 81 removes the redundant subsection number (1).

Item 82

90                 Paragraph 213(3)(d) of the Law Enforcement Integrity Commissioner Act 2006 refers to the “Chair of Committees of the House of Representatives”. The title of “Chairman of Committees” was dropped with the abolition of the committee of the whole in 1994. The correct title is now “Deputy Speaker”. Item 82 corrects the reference to that title.

Item 83

91                 Subsection 217(1) of the Law Enforcement Integrity Commissioner Act 2006 refers to the investigation of a corruption issue that a special investigator has conducted or is conducting. Under that Act, special investigators can only investigate ACLEI corruption issues. Item 83 amends that subsection to refer to an ACLEI corruption issue rather than a corruption issue.

Item 84

92                 The heading to section 218 of the Law Enforcement Integrity Commissioner Act 2006 refers to “committee” but it should refer to “Committee”. Item 84 fixes that error.

Item 85

93                 Subparagraph 4(6)(c)(ii) of the Long Service Leave (Commonwealth Employees) Act 1976 refers to paragraph 51(20) of the Constitution. It is more correct to refer to this paragraph of the Constitution as paragraph 51(xx) of the Constitution. Item 85 fixes the citation.

Item 86

94                 Subsection 3(1) of the Mutual Assistance in Criminal Matters Act 1987 contains a definition of premises . Paragraph (a) of that definition does not have a conjunction at the end. Item 86 adds a conjunction at the end of the paragraph.

Item 87

95                 Subsection 34B(2) of the Mutual Assistance in Criminal Matters Act 1987 refers to the Proceeds of Crime Act 2002 . However, in the Mutual Assistance in Criminal Matters Act 1987 it is more correct to refer to the Proceeds of Crime Act 2002 as the “Proceeds of Crime Act”, due to the definition of that term in subsection 3(1) of the Mutual Assistance in Criminal Matters Act 1987 . Item 87 fixes the citation.

Item 88

96                 Subsections 40(2) and (3) of the Mutual Assistance in Criminal Matters Act 1987 were repealed by item 98 of Schedule 1 to the Mutual Assistance in Criminal Matters Legislation Amendment Act 1996 , leaving only the text of subsection 40(1). Item 88 removes the redundant subsection number (1).

Item 89

97                 Subsection 49(3) of the National Broadband Network Companies Act 2011 requires the Productivity Minister, when referring matters to the Productivity Commission for inquiry, to specify a 12 month period for reporting on the inquiry. The subsection refers to the Productivity Minister specifying that period under paragraph 11(1)(c) of the Productivity Commission Act 1998 . However, that paragraph relates to the Minister requiring the Productivity Commission to make a draft report publicly available during an inquiry. Paragraph 11(1)(b) of the Productivity Commission Act 1998 relates to the Minister specifying a period within which the Productivity Commissioner must submit a report on an inquiry. Therefore, the cross-reference should be to paragraph 11(1)(b) of the Productivity Commission Act 1998 . Item 89 corrects the cross-reference.

Item 90

98                 Subsection 4(1) of the National Health Act 1953 includes a definition of Director . That term is no longer used in the Act. Item 90 repeals that definition.

Item 91

99                 As the result of a typographical error, the heading to section 99ACEB of the National Health Act 1953 incorrectly has two em rules. Item 91 corrects that typographical error.

Item 92

100             Item 92 amends paragraph 135A(9)(c) of the National Health Act 1953 to insert a missing comma between the cross-references to paragraphs (7)(k) and (l) of that section.

Item 93

101             Item 93 amends subsection 695P(7) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to insert a missing full stop after the word “relates”.

Items 94 to 97

102             Items 94 to 97 are related. Subsections 5(2) and (3) of the Parliamentary Superannuation Act 2004 have a grammatical error in that the words “a person” are located in paragraphs 5(2)(a) and 5(3)(a) when they should be located in the opening words to the subsections. Items 94 to 97 relocate the words appropriately.

Items 98 and 99

103             Items 98 and 99 are related. Paragraph 16(1)(a) and subsection 17(1) of the Parliamentary Superannuation Act 2004 refer to a “complying superannuation fund (other than a self managed fund)”. However, the defined term in section 3 of that Act is not self managed fund but is self managed superannuation fund . Items 98 and 99 correct the incorrect references by inserting the word “superannuation”.

Items 100 to 103

104             Items 100 to 103 are related. Subsections 99-1(1) and 279-15(1), paragraph 279-50(2)(b) and subparagraph 282-1(1)(f)(i) of the Private Health Insurance Act 2007 refer to “complying private health insurance policy” or “complying private health insurance policies”. Those provisions are intended to refer to “complying health insurance policy” or “complying health insurance policies”, as complying health insurance policy is the term defined in clause 1 of Schedule 1 to the Act. Items 100 to 103 correct the incorrect references by omitting the word “private”.

Item 104

105             Item 104 amends paragraph 202(5)(f) of the Proceeds of Crime Act 2002 to insert a missing comma after the cross-reference to paragraph (d).

Item 105

106             Item 105 amends the definition of restraining order in section 338 of the Proceeds of Crime Act 2002 to insert a missing comma after the cross-reference to section 19.

Item 106

107             Section 5 of the Product Grants and Benefits Administration Act 2000 includes a definition of Deputy Commissioner . That term is no longer used in the Act (it was previously used in section 47 of the Act, which was repealed by item 65 of Schedule 2 to the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 ). Item 106 repeals that definition.

Item 107

108             Subclause 6(2) of Schedule 1 to the Product Stewardship Act 2011 incorrectly refers to “this subsection” rather than “this subclause”. Item 107 corrects that typographical error.

Item 108

109             Subsection 27(2) of the Protection of Movable Cultural Heritage Act 1986 incorrectly refers to “section 203A of the Customs Act 1901 ” rather than “section 203T of the Customs Act 1901 ”. Section 203A of the Customs Act 1901 was renumbered to section 203T by item 29 of Schedule 4 to the Customs, Excise and Bounty Legislation Amendment Act 1995 . Item 108 fixes that incorrect reference.

Item 109

110             Paragraph 1 of Article 41 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971, as set out in Schedule 1 to the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 , refers to “the date on which the the Convention comes into force”. Item 109 fixes that grammatical error.

Item 110

111             Paragraph 7(5)(d) of the Public Works Committee Act 1969 refers to “the Chairman of Committees” of the House of Representatives. This title was dropped with the abolition of the committee of the whole in 1994. The correct title is now “Deputy Speaker”. Item 110 corrects the reference to that title.

Item 111

112             Subparagraph 27(1)(ba)(ii) of the Radiocommunications Act 1992 refers to the Western Australian Anti-Corruption Commission established by the Anti-Corruption Commission Act 1988 of Western Australia. However, the Anti-Corruption Commission Act 1988 of Western Australia was repealed by the Corruption and Crime Commission Amendment and Repeal Act 2003 of Western Australia. Transitional provisions in the last-mentioned Act dealt with transfer of assets, liabilities etc. to the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 . Item 111 amends subparagraph 27(1)(ba)(ii) of the Radiocommunications Act 1992 to remove the reference to the body that no longer exists and replace it with a reference to its successor body.

Item 112

113             Subsection 7(8A) of the Remuneration Tribunal Act 1973 incorrectly refers to “the Legislative Assembly of the Australian Capital Territory”. However, as subsection 8(1) of the Australian Capital Territory (Self-Government) Act 1988 establishes a Legislative Assembly for the Australian Capital Territory, item 112 amends subsection 7(8A) so that it uses “for” rather than “of”.

Item 113

114             Subsection 5(1) of the Social Security Act 1991 provides the following definition: “ dependent child has the meaning given by subsections (2) to (9)”. Subsection 5(9) was repealed by item 2 of Schedule 2 to the Employment and Workplace Relations Amendment Act 2009 . Subsection 5(8A) is now the last of the subsections in section 5 that relates to the meaning of dependent child. Item 113 corrects the cross-reference in the definition.

Item 114

115             Item 114 amends the definition of independent in subsection 5(1) of the Social Security Act 1991 to insert a missing comma between the cross-references to Parts 2.11B and 3.4A of that Act.

Item 115

116             As the result of a spelling error, subparagraph 1061PI(7)(j)(ii) of the Social Security Act 1991 incorrectly refers to “Eduction” instead of “Education”. Item 115 corrects that spelling error.

Item 116

117             Note 2 to subsection 1123(1) of the Social Security Act 1991 refers to “Division 4 of Part 2.24. However, the cross-reference in the note became incorrect when that Division was repealed by item 5 of Schedule 4 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 and provisions of a similar nature were inserted by item 13 of Schedule 1 to that Act. Item 116 corrects the cross-reference in the note.

Item 117

118             Paragraph 1228(1)(c) of the Social Security Act 1991 provides that “the person to whom the amount was paid is receiving a social security payment under”. Previously that paragraph ended with “this Act”. However, the words “this Act” were removed by item 208 of Schedule 1 to the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 . That item should also have omitted the word “under”. Item 117 removes the word “under” to correct the error.

Item 118

119             As the result of a typographical error, the first word of the text of the note to subsection 1228(1) of the Social Security Act 1991 does not have an initial capital letter. Item 118 corrects that typographical error.

Item 119

120             Paragraph (a) of the definition of election period in subsection 70A(5) of the Special Broadcasting Service Act 1991 incorrectly refers to “the Legislative Assembly of the Australian Capital Territory”. However, as subsection 8(1) of the Australian Capital Territory (Self-Government) Act 1988 establishes a Legislative Assembly for the Australian Capital Territory, item 119 amends that definition so that it uses “for” rather than “of”.

Item 120

121             Currently section 33AA of the Superannuation Act 1990 is located between sections 33H and 34 of that Act. This makes section 33AA difficult for readers to find. Item 120 renumbers section 33AA as section 33J to improve the useability of the Act.

Item 121

122             Subparagraph 123(1)(a)(ii) of the Telecommunications Act 1997 refers to “telecommunications activities or, e-marketing activities telemarketing activities or fax marketing activities”. The first occurring “or” should be removed and a comma inserted after “e-marketing activities”. Item 121 corrects the typographical error and error in punctuation.

Part 2—Amendments commencing on 1 August 2011

Items 122 and 123

123             Items 122 and 123 are related. Paragraphs 27(1A)(b) and 351(3)(b) of the Fair Work Act 2009 refer to the Equal Opportunity Act 1995 of Victoria. In 2011, the short title of the latter Act was changed to the Equal Opportunity Act 2010 . Items 122 and 123 amend paragraphs 27(1A)(b) and 351(3)(b) so that they refer to the Equal Opportunity Act 2010 .

Part 3—Other amendments

Item 124

124             Section 789CC of the Fair Work Act 2009 (to be inserted by item 61 of Schedule 1 to the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012 ) concerns apparent indirectly responsible entities and contains a number of references to such entities. However, there is an incorrect reference in subsection 789CC(4) to an “indirectly responsible entity”. This reference arose as a result of a transcription error in a parliamentary amendment of item 61 of Schedule 1 to the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012 . Item 124 corrects that error.

Item 125

125             Section 17AH of the Judges’ Pensions Act 1968 was inserted by item 39 of Schedule 1 to the Judges and Governors-General Legislation Amendment (Family Law) Act 2012 . The Judges and Governors-General Legislation Amendment (Family Law) Act 2012 included consequential amendments to other provisions of the Act to ensure that readers understood that section 17AH must override their effects (see for example, item 34 of Schedule 1). A similar consequential amendment of section 8 of the Judges’ Pensions Act 1968 was overlooked. Item 125 fixes that oversight.



 

Schedule 2 Amendment of amending Acts

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

Item 1

127             Subsection 4(4) of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011 concerns the contents of a report into the review of the operation of the AUSTRAC cost recovery levy. Paragraph (a) of that subsection does not have a conjunction at the end. Item 1 adds a conjunction at the end of the paragraph.

Item 2

128             Item 8 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 purported to substitute words in paragraph 18(2)(b) of the Bank Integration Act 1991 . However, the amendment was misdescribed. Item 2 corrects the misdescription.

Item 3

129             Item 62 of Schedule 1 to the Clean Energy (Consequential Amendments) Act 2011 purported to substitute words in subsection 243(2) of the Carbon Credits (Carbon Farming Initiative) Act 2011 . However, the amendment was misdescribed. Item 3 corrects the misdescription.

Item 4

130             Items 210 to 217 of Schedule 2 to the Crimes Legislation Amendment Act (No. 2) 2011 proposed to amend the International War Crimes Tribunal Act 1995 to replace all references to the “Director of Public Prosecutions” with references to the “proceeds of crime authority”. However, amendments made by items 3 and 4 of Schedule 1 to the Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Act 2011 altered the text that item 213 of Schedule 2 to the Crimes Legislation Amendment Act (No. 2 ) 2011 proposed to amend, and inserted new references to the “Director of Public Prosecutions” into section 45. This meant that a few references appearing in the text were not updated. Item 4 will replace the references to the “Director of Public Prosecutions” with references to the “proceeds of crime authority”.

Item 5

131             Item 216 of Schedule 2 to the Crimes Legislation Amendment Act (No. 2) 2011 purported to amend subsection 46A(9) of the International War Crimes Tribunals Act 1995 to omit “The DPP” and substitute “That proceeds of crime authority”. However, the amendment was misdescribed as there is a reference in that subsection to “The Director of Public Prosecutions”, not “The DPP”. Item 5 corrects the misdescription so that the text proposed to be omitted correctly refers to “The Director of Public Prosecutions”.

Item 6

132             Item 3 of Schedule 2 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 purported to omit and substitute words in subsection 59(1) of the Australian Crime Commission Act 2002 . However, the amendment was misdescribed. Item 6 corrects the misdescription.

Item 7

133             Item 13 of Schedule 2 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 purported to omit and substitute words in subsection 59(5) of the Australian Crime Commission Act 2002 . However, the amendment was misdescribed. Item 7 corrects the misdescription.

Item 8

134             Item 14 of Schedule 2 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 purported to omit and substitute words in subsection 60(4) of the Australian Crime Commission Act 2002 . However, the amendment was misdescribed. Item 8 corrects the misdescription.

Items 9 and 10

135             Items 9 and 10 are related. Item 15 of Schedule 2 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 purported to omit and substitute words in subsection 60(5) of the Australian Crime Commission Act 2002 . However, the amendment was misdescribed and the words to be substituted contained a grammatical error. Item 9 corrects the misdescription and item 10 corrects the grammatical error.

Item 11

136             Item 4 of Schedule 3 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 purported to omit and substitute words in subparagraph (da)(ii) of the definition of serious and organised crime in subsection 4(1) of the Australian Crime Commission Act 2002 . However, the amendment was misdescribed. Item 11 corrects the misdescription.

Item 12

137             Item 37 of Schedule 4 to the Crimes Legislation Amendment (Powers and Offences) Act 2012 put a subparagraph (v) in paragraph 110(4)(b) of the Law Enforcement Integrity Commissioner Act 2006 . However, that item placed the subparagraph in the wrong location. Item 12 relocates the subparagraph to the correct location.

Item 13

138             The table in subsection 2(1) of the Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004 provides redundant commencement information about the commencement of various items of Schedule 1 to that Act, which were not enacted by Parliament. Item 13 removes that redundant commencement information.

Item 14

139             Item 2 of Schedule 12 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 purported to repeal paragraphs 713(d) and (e) of the Fair Work Act 2009 . However, the amendment was misdescribed as there is no paragraph 713(d) or (e) of the Fair Work Act 2009 . Item 14 corrects the misdescription so that the item heading of item 2 correctly refers to paragraphs 713(2)(d) and (e) of the Fair Work Act 2009 .

Item 15

140             Item 1 of Schedule 6 to the Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 purported to omit and substitute words in specified provisions of the Banking Act 1959 , Insurance Act 1973 , Life Insurance Act 1995 and the Superannuation Industry (Supervision) Act 1993 . However, the amendment was misdescribed. Item 15 corrects the misdescription.

Item 16

141             Item 23 of Schedule 3 to the Freedom of Information Amendment (Reform) Act 2010 purported to insert words into section 32 of the Freedom of Information Act 1982 . However, the amendment was misdescribed. Item 16 corrects the misdescription by removing the comma after the word “documents”.

Item 17

142             Item 65 of Schedule 4 to the Freedom of Information Amendment (Reform) Act 2010 refers to “the Freedom of Information 1982 ”. This reference should have been to “the Freedom of Information Act 1982 ”. Item 17 corrects the error.

Item 18

143             Item 41 of Schedule 6 to the Freedom of Information Amendment (Reform) Act 2010 refers to “the Freedom of Information 1982 ”. This reference should have been to “the Freedom of Information Act 1982 ”. Item 18 corrects the error.

Items 19 and 20

144             Items 19 and 20 are related. Item 78 of Schedule 1 to the Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010 purported to omit words from the note to subsection 84AAD(4) of the National Health Act 1953 . However, the amendment was misdescribed. Item 19 corrects the misdescription. Item 20 ensures the words to be substituted in the note to subsection 84AAD(4) of the National Health Act 1953 are grammatically correct.

Item 21

145             Item 42 of Schedule 2 to the Human Services Legislation Amendment Act 2011 purported to omit and substitute the words “the protected symbol” in paragraph 38(1)(f) of the former Commonwealth Services Delivery Agency Act 1997 (now the Human Services (Centrelink) Act 1997 ). However, in that paragraph there are 2 occurrences of those words so the amendment was misdescribed. Item 21 ensures that the 2 occurrences of those words are omitted and substituted.

Item 22

146             Item 114 of Schedule 4 to the Human Services Legislation Amendment Act 2011 purported to amend paragraph 5(5)(d) of the Fringe Benefits Tax Assessment Act 1986 . However, section 5 of the Fringe Benefits Tax Assessment Act 1986 was repealed by item 30 of Schedule 2 to the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 . Item 22 repeals item 114 of Schedule 4 to the Human Services Legislation Amendment Act 2011 .

Item 23

147             The Human Services Legislation Amendment Act 2011 omitted the words “Medicare Australia CEO” and substituted the words “Chief Executive Medicare” in various provisions across the statute book (e.g. item 174 of Schedule 4 to that Act omitted them from subsections 3F(2), (4), (7), (8) and (9) of the Health Insurance Act 1973 ). The same amendments should have been made to subsections 3F(6) and (6A) of the Health Insurance Act 1973 . Item 23 makes those amendments.

Item 24

148             Item 395 of Schedule 4 to the Human Services Legislation Amendment Act 2011 purported to omit and substitute the words “Medicare CEO” in subsections 51(2) to (7) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 . However, in subsection 51(6) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 there are 2 occurrences of those words so the amendment was misdescribed. Item 24 ensures that the 2 occurrences of those words are omitted and substituted.

Items 25 to 28

149             Items 25 to 28 are related. Items 636 and 637 of Schedule 4 to the Human Services Legislation Amendment Act 2011 purported to omit and substitute words in subsections 129AAG(6) and (7) of the Health Insurance Act 1973 . However, the amendments were misdescribed. Items 25 to 28 correct the misdescriptions.

Item 29

150             Items 642 and 643 of Schedule 4 to the Human Services Legislation Amendment Act 2011 purported to amend subsections 129AC(1B), (1D), (1F) and (4) of the Health Insurance Act 1973 . However, those amendments had already been made by item 254 of that Schedule. Item 29 repeals items 642 and 643 of that Schedule.

Item 30

151             Item 30 changes “commencehment” to “commencement” in paragraph (a) of the definition of existing marriage celebrant in subitem 27(1) of Schedule 1 to the Marriage Amendment Act 2002 . This corrects a spelling error.

Item 31

152             Column 2 of table item 2 of subsection 2(1) of the Offshore Petroleum (Royalty) Amendment Act 2011 provides that Schedule 1 to that Act commences at “the same time as Part 1 of Schedule 2 to the Offshore Petroleum Greenhouse Gas Storage Amendment (National Regulator) Act 2011 commences”. However, it misstates the short title of the “ Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 ”. Item 31 corrects that misstatement.

Item 32

153             Item 39 of Schedule 1 to the Renewable Energy (Electricity) Amendment Act 2010 purports to amend section 8 of the Renewable Energy (Electricity) Act 2000 . However, the text omitted from section 8 of that Act did not exactly match the text in that section. Item 32 corrects that misdescription.

Item 33

154             Item 137 of Schedule 5 to the Statute Law Revision Act 2010 provided for a bulk amendment to change references to “Internet” in various Acts, purportedly including the Veterans’ Entitlements Act 1986 , to “internet”. However, the Veterans’ Entitlements Act 1986 does not contain the word “Internet” with an initial capital letter so the amendment was misdescribed. Item 33 removes the Veterans’ Entitlements Act 1986 from the list of Acts affected by the bulk amendment.

Item 34

155             Item 65 of Schedule 5 to the Statute Law Revision Act 2011 purported to insert a definition in the definitions section of the Crimes (Aviation) Act 1991 . It purported to insert it in subsection 3(1) of that Act. However, before the commencement of item 65 of Schedule 5 to the Statute Law Revision Act 2011 , item 1 of Schedule 1 to the Aviation Crimes and Policing Legislation Amendment Act 2011 renumbered subsection 3(1) of the Crimes (Aviation) Act 1991 as section 3, making item 65 of Schedule 5 to the Statute Law Revision Act 2011 misdescribed. Item 34 corrects that misdescription.

Items 35 and 36

156             Item 25 of Schedule 1 to the Statute Stocktake (Regulatory and Other Laws) Act 2009 purported to omit words from subparagraphs 47(3)(c)(ia) and (d)(ia) of the Product Grants and Benefits Administration Act 2000 . However, those subparagraphs had already been repealed by item 7 of Schedule 1 to the Fuel Tax (Consequential and Transitional Provisions) Act 2006 . Items 35 and 36 remove the redundant amendment and the associated Act heading.

Item 37

157             Item 215 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 purported to omit and substitute words in paragraph 6B(1)(a) of the Superannuation Act 1990 . However, the amendment was misdescribed. Item 37 corrects the misdescription.

Item 38

158             In the table of commencement information in subsection 2(1) of the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 , table item 1A appears before table item 1. However, table item 1A should appear after table item 1 to reflect the order of the provisions in that Act. Table item 1A was incorrectly inserted before table item 1 by an amendment in Parliament. Item 38 corrects the order of the table items.

Item 39

159             Item 104 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 purported to insert subsections in section 152BCB of the Competition and Consumer Act 2010 . However, the amendment was misdescribed. Item 39 corrects the misdescription.

Item 40

160             Item 106 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 purported to insert subsections in section 152BDA of the Competition and Consumer Act 2010 . However, the amendment was misdescribed. Item 40 corrects the misdescription.

Item 41

161             Item 9 of Schedule 1 to the Long Service Leave Legislation Amendment (Telstra) Act 2009 repealed item 52 of Schedule 1 to the Telstra (Transition to Full Private Ownership) Act 2005 . After that repeal, Schedule 1 to the Telstra (Transition to Full Private Ownership) Act 2005 contained no amendments of the Long Service Leave (Commonwealth Employees) Regulations 1957 and the heading relating to those Regulations is no longer needed. Item 41 repeals that heading.

Item 42

162             Item 210 of Schedule 1 to the Territories Law Reform Act 2010 purported to amend table item 1 in section 53B of the Freedom of Information Act 1982 to insert after “relations” the text “etc.”. However, there are two occurrences of “relations” in that table item. Item 42 corrects that misdescription.

Item 43

163             Item 96 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 purported to omit and substitute words in subsection 87(1C) of the Competition and Consumer Act 2010 (under the earlier name of the Trade Practices Act 1974 ). However, the text to be omitted did not exactly match the text in that subsection. Item 9 of Schedule 3 to the Competition and Consumer Legislation Amendment Act 2011 attempted to correct that misdescription. That item amended the text but the text continued to be misdescribed. Item 43 corrects the amending misdescribed text of item 96 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 .

Item 44

164             Table items 4 and 6 of subsection 2(1) of the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 provide for certain items of Schedule 2 to that Act to commence at times determined by reference to item 22 of Schedule 2 to the “ Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2010 ”. However, this is a misstatement of the short title of the Act, which should be the “ Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 ”. Item 44 corrects these misstatements.



 

Schedule 3 Amendments relating to specific references to regulations

165             Some provisions on the statute book refer to aircraft registered, or required to be registered, in accordance with, or under, the Civil Aviation Regulations. Some provisions on the statute book refer only to aircraft registered in accordance with, or under, the Civil Aviation Regulations. Recent drafting practice is to avoid referring to particular regulations by name. This reduces the risk of reader confusion and error in cases where the names of the regulations change or the contents of the regulations alter.

166             The items in this Schedule update various provisions so that they follow the more recent drafting practice of referring to regulations made under the Civil Aviation Act 1988 . In addition, some of those items also refer to aircraft required to be registered in accordance with, or under, those regulations.

Item 1

167             Item 1 amends the definition of Australian aircraft in subsection 3(1) of the Crimes (Hostages) Act 1989 to refer to an aircraft registered under regulations made under the Civil Aviation Act 1988 .

Item 2

168             Item 2 amends the definition of Australian aircraft in subsection 3(1) of the Crimes (Internationally Protected Persons) Act 1976 to refer to an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 .

Item 3

169             Item 3 amends the definition of Australian aircraft in section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 to refer to an aircraft registered under regulations made under the Civil Aviation Act 1988 .

Item 4

170             Item 4 amends the definition of Australian aircraft in the Dictionary in the Criminal Code to refer to an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 .

Item 5

171             Item 5 amends the definition of Australian aircraft in section 5 of the Radiocommunications Act 1992 to refer to an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 .

Item 6

172             Item 6 amends the definition of Australian aircraft in subsection 3(1) of the Registration of Deaths Abroad Act 1984 to refer to an aircraft registered under regulations made under the Civil Aviation Act 1988 .

Item 7

173             Item 7 amends the definition of Australian aircraft in subsection 4(1) of the South Pacific Nuclear Free Zone Treaty Act 1986 to refer to an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 .

Item 8

174             Item 8 amends the definition of state aircraft in section 32 of the Sydney Airport Demand Management Act 1997 to refer to an aircraft registered under regulations made under the Civil Aviation Act 1988 .

Item 9

175             Item 9 amends the definition of Australian defence aircraft in subsection 3(1) of the Transport Safety Investigation Act 2003 to refer to an aircraft registered under regulations made under the Civil Aviation Act 1988 .



 

Schedule 4 Amendments relating to the Acts Interpretation Act 1901

176             The items in this Schedule contain amendments that are consequential on earlier amendments to the Acts Interpretation Act 1901 .

Part 1 Acting appointments

177             Items 1 to 35 and 39 to 49 amend some recent acting appointment provisions of Commonwealth Acts to remove provisions providing that anything done by or in relation to a person purporting to act under an appointment is not invalid merely because of various matters. Those provisions are redundant as section 33AB of the Acts Interpretation Act 1901 now deals with this. Notes have been included in those recent acting appointment provisions referring to the general acting appointment rules in sections 33AB and 33A of the Acts Interpretation Act 1901 .

178             Items 36 to 38 amend section 171 of the National Vocational Education and Training Regulator Act 2011 , which provides for the Deputy Chief Commissioner to act as the Chief Commissioner in some circumstances without the need for an appointment. Those items remove the provision providing that anything done by or in relation to the Deputy Chief Commissioner when purporting to act under that section is not invalid merely because the occasion to act had not arisen or had ceased. That provision is redundant as subsection 33A(3) of the Acts Interpretation Act 1901 now deals with this. A note has been included in section 171 of the National Vocational Education and Training Regulator Act 2011 referring to section 33A of the Acts Interpretation Act 1901 .

179             Item 50 is a saving provision which provides certainty that the amendments made by this Part do not affect the validity of an appointment that was made under an Act before the commencement of that item and that was in force immediately before that commencement.

Part 2 Prescribing matters by reference to other instruments

180             Section 49A of the Acts Interpretation Act 1901 was repealed by item 7 of Schedule 1 to the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 . The content of the repealed section 49A is now replicated in section 14 of the Legislative Instruments Act 2003 .

181             This Part (consisting of item 51) amends the International War Crimes Tribunals Act 1995 to update a reference to section 49A of the Acts Interpretation Act 1901 to a reference to section 14 of the Legislative Instruments Act 2003 .



 

Schedule 5 References to specific Ministers and Departments

182             This Schedule continues work substantially done by the Statute Law Revision Act 2011 .

183             The items in this Schedule contain amendments relating to references in Acts to Ministers and Departments to reflect current drafting practice.

184             Current drafting practice is to ensure that:

(a)                 wherever possible, if the intention is to refer to the Minister who administers a provision, or the Department administered by that Minister, provisions refer simply to “the Minister”, or to “the Department”, and rely on section 19A of the Acts Interpretation Act 1901 ; and

(b)                various Commonwealth Ministers (other than the Prime Minister, the Attorney-General and the Treasurer) are consistently mentioned by reference to the administration of identified legislation rather than by name; and

(c)                 various Departments of State (other than the Department of the Prime Minister and Cabinet, the Attorney-General’s Department and the Treasury) are consistently mentioned by reference to the Minister administering identified legislation or a particular matter rather than by name; and

(d)                it is clear that Ministers administer Acts, rather than Departments.

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

Part 1 Amendments

186             The items in Part 1 amend various Acts so that they accord with current drafting practice.

Item 1

187             Item 1 inserts a definition of Finance Minister in subsection 4(1) of the Food Standards Australia New Zealand Act 1991 , to allow the Minister to be identified in that Act by reference to the administration of the Financial Management and Accountability Act 1997 .

Item 2

188             Item 2 amends paragraph 13(1)(j) of the Food Standards Australia New Zealand Act 1991 to replace an incorrect reference to a Department administering an Act with a reference to the Department administered by the Minister administering the relevant Act.

Item 3

189             Item 3 amends subsection 138(2) of the Food Standards Australia New Zealand Act 1991 to omit a reference to a Minister by name (the Minister for Finance) and replace it with a reference to the Finance Minister, in reliance on the definition inserted in the Act by item 1.

Items 4 and 5

190             Items 4 and 5 are related. Item 4 inserts a definition of Finance Minister in section 2 of the Loans Securities Act 1919 to allow the Minister to be identified in that Act by reference to the administration of the Financial Management and Accountability Act 1997 . Item 5 amends subsections 6(1) and (3) of the Loans Securities Act 1919 to omit references to the Minister for Finance by name and replace them with references to the Finance Minister, in reliance on the definition inserted in the Act by item 4.

Items 6 to 9

191             Items 6 to 9 are related. Those items amend the National Health Act 1953 . Subsection 4(1) of that Act currently includes definitions of Health Department and Health Minister which are redundant due to changes to the administration of the Act, and the operation of section 19A of the Acts Interpretation Act 1901 . Items 6 and 7 repeal those definitions. Item 8 amends paragraph 99YBC(2)(b) of the National Health Act 1953 to replace a reference to “Health Department classifications” with a reference to “the Department’s classifications”, consistent with the repeal of the definition of Health Department and in reliance on section 19A of the Acts Interpretation Act 1901 . Item 9 amends section 139C of the National Health Act 1953 to replace a reference to “Secretary of the Health Department” with a reference to “Secretary”, consistent with the repeal of the definition of Health Department and in reliance on both section 19A of the Acts Interpretation Act 1901 and the definition of Secretary in subsection 4(1) of the National Health Act 1953 .

Part 2 —Transitional, saving and application provisions

192             The items in Part 2 include provision for transitional, savings and application provisions to ensure that the amendments made by this Schedule do not result in any unintended consequences.



 

Schedule 6 Repeal of obsolete provisions

193             Some older principal Acts on the statute book contain provisions repealing and amending other Acts. Those provisions are now obsolete. To reduce the length of those principal Acts and to make the publishing of those principal Acts more efficient, the items in this Schedule repeal those obsolete provisions, make minor consequential amendments and also contain appropriate saving provisions.

Items 1 and 2

194             Items 1 and 2 repeal Part 14 of, and Schedule 4 to, the Airports (Transitional) Act 1996 , which amended the Federal Airports Corporation Act 1986 . As those amendments have taken effect, those provisions are obsolete.

Items 3 to 5

195             Items 3 to 5 repeal sections 10 and 11 and Part 4 of, and Schedules 1 and 2 to, the AUSSAT Repeal Act 1991 , which repealed the AUSSAT Act 1984 and amended various Acts. As that repeal and those amendments have taken effect, those provisions are obsolete.

Items 6 and 7

196             Items 6 and 7 repeal Parts X, XI and XII of, and Schedules 1 and 2 to, the Australian Airlines (Conversion to Public Company) Act 1988 , which amended and repealed various Acts. As those amendments and repeals have taken effect, those provisions are obsolete.

Item 8

197             Item 8 repeals section 3 of the Australian Antarctic Territory Act 1954 , which amended the Australian Antarctic Territory Acceptance Act 1933 . As those amendments have taken effect, that section is obsolete.

Items 9 and 10

198             Items 9 and 10 repeal Part IX of, and the Schedule to, the Australian Capital Territory (Planning and Land Management) Act 1988 , which amended and repealed various Acts. As those amendments and repeals have taken effect, those provisions are obsolete.

Items 11 and 12

199             Items 11 and 12 are related. Item 12 repeals Divisions 2 and 4 of Part 11 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 , which repealed the Australian Institute of Aboriginal Studies Act 1964 and amended other Acts. As that repeal and those amendments have taken effect, those Divisions are obsolete. Item 11 repeals and substitutes the heading to Part 11 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 , and is consequential on item 12.

Items 13 and 14

200             Items 13 and 14 repeal Part 8 of, and the Schedule to, the Australian Maritime Safety Authority Act 1990 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Items 15 and 16

201             Items 15 and 16 repeal Part 6 of, and Schedule 3 to, the Bank Integration Act 1991 , which repealed Part V of the Commonwealth Banks Act 1959 and amended various Acts. As that repeal and those amendments have taken effect, those provisions are obsolete.

Items 17 and 18

202             Items 17 and 18 repeal section 4 of, and Schedules 1 and 2 to, the CFM Sale Act 1996 , which amended various Acts. As those amendments have taken effect or will never take effect, those provisions are obsolete.

Items 19 and 20

203             Items 19 and 20 repeal section 49 of, and the Schedule to, the Circuit Layouts Act 1989 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Items 21 and 22

204             Items 21 and 22 repeal Part 2 of, and the Schedule to, the Commonwealth Bank Sale Act 1995 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Items 23 and 24

205             Items 23 and 24 repeal Parts 2 and 3 of, and the Schedule to, the Commonwealth Banks Restructuring Act 1990 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Item 25

206             Item 25 repeals Parts 9 and 10 of the Commonwealth Funds Management Limited Act 1990 , which amended the Superannuation Act 1976 and the Superannuation Act 1990 . As those amendments have taken effect, those Parts are obsolete.

Items 26 to 31

207             Items 26 to 31 are related. Item 31 repeals section 53 of the Crimes (Aviation) Act 1991 , which repealed various Acts. As those repeals have taken effect, that section is obsolete. Items 26 to 30 repeal the definition of repealed Acts in section 3 of the Crimes (Aviation) Act 1991 and make minor consequential amendments to section 52 of that Act. Those items are consequential on item 31.

Item 32

208             Item 32 repeals Schedule 5 to the Crimes (Aviation) Act 1991 , which amended various Acts. As those amendments have taken effect, that Schedule is obsolete.

Item 33

209             Item 33 repeals sections 31 to 42 of the Crimes (Currency) Act 1981 , which amended various Acts. As those amendments have taken effect, those sections are obsolete.

Item 34

210             Item 34 repeals Parts 2 to 5 of the CSL Sale Act 1993 , which amended the Commonwealth Serum Laboratories Act 1961 and various regulations. As those amendments have taken effect, those Parts are obsolete.

Items 35 and 36

211             Items 35 and 36 repeal section 53 of, and Schedules 1 and 2 to, the CSL Sale Act 1993 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Items 37 and 38

212             Items 37 and 38 repeal section 13 of, and Schedule 1 to, the Damage by Aircraft Act 1999 , which repealed the Civil Aviation (Damage by Aircraft) Act 1958 . As that repeal has taken effect, those provisions are obsolete.

Item 39

213             Item 39 repeals Part 5 of the Foreign Judgments Act 1991 , which amended the Foreign Proceedings (Excess of Jurisdiction) Act 1984 and the Federal Court of Australia Act 1976 . As those amendments have taken effect, that Part is obsolete.

Items 40 and 41

214             Items 40 and 41 repeal Part 10 of, and the Schedule to, the Insurance Acquisitions and Takeovers Act 1991 , which amended the Insurance Act 1973 . As those amendments have taken effect, those provisions are obsolete.

Items 42 and 43

215             Items 42 and 43 repeal sections 12 and 13 of, and Schedules 2 and 3 to, the Limitation of Liability for Maritime Claims Act 1989 , which amended the Admiralty Act 1988 and the Navigation Act 1912 . As those amendments have taken effect, those provisions are obsolete.

Items 44 and 45

216             Items 44 and 45 are related. Item 44 repeals section 3 of the Long Service Leave (Commonwealth Employees) Act 1976 , which repealed various Acts and included saving provisions. As those repeals have taken effect and item 45 preserves the saving provisions, that section is obsolete.

Item 46

217             Item 46 repeals section 25 of the Long Service Leave (Commonwealth Employees) Act 1976 , which amended the Meat Inspection Arrangements Act 1964 . As that amendment has taken effect, that section is obsolete.

Items 47 and 48

218             Items 47 and 48 repeal section 13 of, and the Schedule to, the Marine Navigation Levy Collection Act 1989 , which amended the Lighthouses Act 1911 . As those amendments have taken effect, those provisions are obsolete.

Item 49

219             Item 49 repeals Part 14 of the Native Title Act 1993 , which amended various Acts. As those amendments have taken effect, that Part is obsolete.

Item 50

220             Item 50 repeals section 4 of the Northern Territory Acceptance Act 1919 , which amended the Northern Territory Acceptance Act 1910 . As that amendment has taken effect, that section is obsolete.

Items 51 and 52

221             Items 51 and 52 repeal Part 10 of, and Schedule 1 to, the Parliamentary Service Act 1999 , which amended the Parliamentary Service (Consequential Amendments) Act 1997 . As those amendments have taken effect, those provisions are obsolete.

Items 53 to 59

222             Items 53 to 59 are related. Item 54 repeals Parts 5 and 6 of the Qantas Sale Act 1992 , which amended the Long Service Leave (Commonwealth Employees) Regulations 1957 and repealed the Qantas Empire Airways Act 1948 and the Australian National Airlines Act 1945 . As those amendments and those repeals have taken effect, those Parts are obsolete. The existing definition of Long Service Leave Act in subsection 3(1) of the Qantas Sale Act 1992 , and sections 26 and 32 of that Act, refer to the commencement of Part 5 of that Act  (which was 30 July 1995). To assist readers, items 53 and 55 to 59 amend that definition and those sections to refer to 30 July 1995.

Item 60

223             Item 60 repeals sections 36, 38 and 51 of the Qantas Sale Act 1992 , which repealed other sections of that Act. As those repeals have taken effect, sections 36, 38 and 51 of that Act are obsolete.

Item 61

224             Item 61 repeals the Schedule to the Qantas Sale Act 1992 , which amended various Acts. As those amendments have taken effect, that Schedule is obsolete.

Item 62

225             Item 62 repeals Part 3 of the Remuneration and Allowances Act 1990 , which amended the Industrial Relations Act 1988 . As those amendments have taken effect, that Part is obsolete.

Items 63 to 65

226             Items 63 to 65 are related. Items 64 and 65 repeal Divisions 4 and 5 of Part X of, and the Schedule to, the Safety, Rehabilitation and Compensation Act 1988 , which amended and repealed various Acts. As those amendments and repeals have taken effect, those provisions are obsolete. Item 63 repeals and substitutes the heading to Part X of the Safety, Rehabilitation and Compensation Act 1988 , and is consequential on item 64.

Items 66 and 67

227             Items 66 and 67 are related. Item 67 repeals Parts 2 and 3 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 , which amended the Long Service Leave (Commonwealth Employees) Regulations and the Maternity Leave (Commonwealth Employees) Regulations . As those amendments have taken effect, those Parts are obsolete. The existing definition of Long Service Leave Act in subsection 3(1) of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 refers to the commencement of Part 2 of that Act (which was 9 November 1993). To assist readers, item 66 amends this definition to refer to 9 November 1993.

Items 68 and 69

228             Items 68 and 69 repeal section 44 of, and the Schedule to, the Snowy Mountains Engineering Corporation Limited Sale Act 1993 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.

Items 70 and 71

229             Items 70 and 71 repeal Parts 9 and 10 of, and the Schedule to, the Special Broadcasting Service Act 1991 , which amended various Acts and included a saving provision. As those amendments have taken effect and item 72 preserves the saving provision, Parts 9 and 10 of, and the Schedule to, that Act are obsolete.

Item 72

230             Item 72 preserves the operation of Part 10 of the Special Broadcasting Service Act 1991 on and after the commencement of that item in case subsection 116(2) of that Act is still operative.

Items 73 and 74

231             Item 73 repeals Part VI of the Superannuation Act 1922 , which is obsolete. Part VI provides for the transfer of persons employed in connection with the Williamstown Dockyard from the Melbourne Harbor Trust Commissioners to the Commonwealth and allows these employees to contribute to the scheme under the Superannuation Act 1922 . This Part is no longer operative, as the transfer occurred in 1942 and there are no longer any employees contributing under the provisions. Item 74 makes a consequential amendment to subsection 119ZE(3) of that Act to repeal a cross-reference to a provision of that Part.

Item 75

232             Item 75 repeals section 2 of the Surplus Revenue Act 1910 , which amended the Surplus Revenue Act 1908 . As those amendments have taken effect, that section is obsolete.

Items 76 to 79

233             Items 76 to 79 are related. They repeal items 4 and 7 of Schedule 1 to the Surveillance Devices Act 2004 , which amended the Criminal Code Act 1995 and the Mutual Assistance in Criminal Matters Act 1987 , and the amended Act headings. As those amendments have taken effect, those provisions and headings are obsolete.

Items 80 and 81

234             Items 80 and 81 repeal section 5 of, and Schedule 2 to, the Sydney Airport Demand Management Act 1997 , which amended the Airports Act 1996 . As those amendments have taken effect, those provisions are obsolete.

Items 82 to 84

235             Items 82 to 84 repeal two Schedules to the Taxation Administration Act 1953 , which amended various Acts and amended the citations of various Acts. As those amendments have taken effect, those Schedules are obsolete.

Items 85 to 88

236             Items 85 to 88 are related. Items 85 and 88 repeal section 62 of, and the Schedule to, the Therapeutic Goods Act 1989 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete. Item 86 repeals sections 64 and 65 of the Therapeutic Goods Act 1989 , which repealed the Therapeutic Goods Act 1966 and defined former Act to mean the Therapeutic Goods Act 1966 . As that repeal has taken effect, those sections are obsolete. Item 87 amends section 69 of the Therapeutic Goods Act 1989 to replace references to the former Act with references to the Therapeutic Goods Act 1966 and is consequential on item 86.

Item 89

237             Item 89 repeals Part 5 of the Tobacco Advertising Prohibition Act 1992 , which repealed the Smoking and Tobacco Products Advertisements (Prohibition) Act 1989 and amended the Broadcasting Services Act 1992 . As that repeal and those amendments have taken effect, that Part is obsolete.

Items 90 and 91

238             Items 90 and 91 repeal section 31 of, and the Schedule to, the Witness Protection Act 1994 , which amended various Acts. As those amendments have taken effect, those provisions are obsolete.



 

Schedule 7 Repeal of obsolete Acts

239             The items in Part 1 of this Schedule repeal obsolete Acts. The items in Part 2 of this Schedule make consequential amendments.

Part 1 Repeal of Acts

Item 1

240             Item 1 repeals the Administrative Arrangements Act 1987 , which is obsolete as the amendments and modifications it made have taken effect and no instruments or regulations are believed to be in force under the provisions of the Act.

Item 2

241             Section 19 of the Administrative Arrangements Act 1987 allows for Secretaries of Departments to declare, by notice published in the Gazette , that references to the Secretary in certain instruments in force before the commencement of section 19 are to be, or are to include, references to an SES employee, or acting SES employee, in the Department who is specified in the notice. If a declaration was made in relation to an instrument, references to the Secretary in that instrument were to be read as or include references to the specified SES employee or acting SES employee from the day of publication in the Gazette or a later day specified in the declaration. Item 2 preserves the operation of section 19 on and after the commencement of that item in case any part of that section is still operative in respect of an instrument.

Item 3

242             Item 3 repeals the Film Licensed Investment Company Act 2005 . That Act was enacted to provide for a film licensed investment company scheme to encourage investment in Australian films. The scheme ended on 30 June 2009. Due to the passage of time, the provisions of the Act have no further operation. The Act is therefore obsolete.

Item 4

243             Item 4 repeals the Film Licensed Investment Company (Consequential Provisions) Act 2005 . That Act was enacted to provide for consequential matters relating to the enactment of the Film Licensed Investment Company Act 2005 , which is being repealed by item 3. The provisions of the Act have no further operation. The Act is therefore obsolete.

Item 5

244             Item 5 repeals the Territory Authorities (Financial Provisions) Act 1978 . That Act related to moneys appropriated for the purposes of certain authorities of the Territories, the borrowing of moneys by such authorities and the liability of such authorities to taxation. The provisions of the Act have no further operation. The Act is therefore obsolete.

Item 6

245             Item 6 repeals the Treaty of Peace (Germany) Act 1919 . That Act was enacted to provide a power for the Governor-General to make regulations to give effect to provisions of the Treaty of Peace with Germany entered into on 28 June 1919. Due to the passage of time, the provisions of the Act have no further operation. The Act is therefore obsolete.

 

Part 2 Amendments consequential on repeal of Acts

Item 7

246             Item 7 repeals paragraph 376-55(4)(e) of the Income Tax Assessment Act 1997 , which will be made redundant by the proposed repeal of the Film Licensed Investment Company Act 2005 by item 3.

Item 8

247             Item 8 repeals table item 6 of subsection 703-20(2) of the Income Tax Assessment Act 1997 , which will be made redundant by the proposed repeal of the Film Licensed Investment Company Act 2005 by item 3.

Item 9

248             Item 9 repeals the definition of film licensed investment company in subsection 995-1(1) of the Income Tax Assessment Act 1997 , which will be made redundant by the proposed repeal of the Film Licensed Investment Company Act 2005 by item 3.