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Statute Law Revision Bill 2005

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2004-2005

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

 

STATUTE LAW REVISION BILL 2005

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the Attorney-General,

the Honourable Philip Ruddock MP)

 

 



 

STATUTE LAW REVISION BILL 2005

General Outline

The main purpose of this Bill is to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes. The Bill also removes references to bodies that no longer exist and updates references to bodies that have been succeeded by other bodies. The corrections 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. None of the corrections makes any change to the substance of the law.

Financial Impact

The Bill will have no financial impact.



Notes on clauses

Clause 1—Short title

1.         Clause 1 provides for the Act to be cited as the Statute Law Revision Act 2005.

Clause 2—Commencement

2.         Clause 2 provides for the commencement of the Act. Subclause 2(1) provides that each provision of the Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

3.         The items in Schedule 1 amend errors in Principal Acts. The commencement of each item (other than items commencing on the day the legislation receives the Royal Assent) is tied to the commencement of the provision that created the error. The effect of this is that the error is taken to have been corrected immediately after it was made.

4.         The items in Schedule 2 amend misdescriptions in amending Acts. In order to correct a misdescription it is necessary to amend the amending Act (rather than the Principal Act) and to treat the correction as having occurred immediately after the time specified in the amending Act for the commencement of the misdescribed item.

Clause 3—Schedule(s)

5.         Clause 3 provides for the Schedules to the Act. It also provides that the Acts specified in the Schedules to the Bill are amended or repealed as set out in those Schedules.

Schedule 1—Amendment of Principal Acts

Item 1

6.         Item 1 changes the numbering of the final paragraph in Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 to correct the order of the paragraphs, so that paragraph (z) becomes paragraph (zb) which appears after existing paragraph (za).

Item 2

7.         Item 2 alters the heading of a Subdivision of the Aged Care Act 1997 so that a hyphen appears in “57-B” and correctly reflects the numbering style that is otherwise used throughout the Act.

Item 3

8.         Item 3 removes an asterisk after “means:” in the definition of relinquish in clause 1 of Schedule 1 of the Aged Care Act 1997 . This corrects a typographical error.

Item 4

9.         Item 4 inserts a section heading after subsection 20(2) of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 . The section heading was overlooked in prior amendment of the Act.

Item 5

10.       Item 5 replaces “or or” (twice occurring) with “or” in subsection 99(3) of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 . This corrects a typographical error.

Item 6

11.       Item 6 renumbers the first occurring paragraph 7(ha) to paragraph 7(haa) in Schedule 3 of the A New Tax System (Family Assistance) Act 1999 . This corrects the numbering of this paragraph.

Item 7

12.       Item 7 removes the incorrect duplication of the word “sporting” in paragraph 67A(b) of the Australian Sports Drug Agency Act 1990 .

Item 8

13.       Item 8 repeals and remakes subparagraph (b)(ii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914 so that a reference to the Queensland Criminal Justice Commission established by the Criminal Justice Act 1989 of Queensland is replaced with a reference to the Crime and Misconduct Commission of Queensland. The Queensland Criminal Justice Commission no longer exists and has been succeeded by the Crime and Misconduct Commission of Queensland. This item removes reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

Item 9

14.       Item 9 repeals subparagraph (b)(iii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914 . This subparagraph referred to the Western Australian Anti-Corruption Commission established by the Anti-Corruption Act 1988 of Western Australia. The Western Australian Anti-Corruption Commission no longer exists. This item removes reference to a body that no longer exists.

Item 10

15.       Item 10 repeals subparagraph (c)(ii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914 which makes reference to the Queensland Crime Commission established by the Crime Commission Act 1997 of Queensland. The Queensland Crime Commission no longer exists. This item removes a reference to a body that no longer exists.

Item 11

16.       Item 11 replaces an incorrect cross-reference in subsection 23YUF(2B) of the Crimes Act 1914 to paragraph (1)(b) with a reference to paragraph (2A)(b).

Item 12

17.       Item 12 replaces an incorrect cross-reference in subparagraph 400.2(2)(b)(ii) of the Criminal Code Act 1995 to paragraph 51(xx) of the Constitution (which deals with foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth) with the correct reference, which is to paragraph 51(v) (which deals with postal, telegraphic, telephonic, and other like services).

Item 13

18.       Item 13 replaces a full stop with a semi-colon at the end of paragraph 11(6)(a) of the Electronic Transactions Act 1999 . This corrects the punctuation at the end of the paragraph.

Item 14

19.       Item 14 corrects the citation of the Evidence Act 1995 (NSW) in the introductory note to Chapter 1 of the Commonwealth Evidence Act 1995 . This is not an amendment to a provision of the Commonwealth Evidence Act but a change to the explanation of legislation which is related to that Act.

Item 15

20.       Item 15 corrects the citation of the Proceeds of Crime Act 1987 in subparagraph 16(1)(b)(iii) of the Financial Transaction Reports Act 1988 .

Item 16

21.       Item 16 repeals paragraphs 27(1B)(b) and (c) of the Financial Transaction Reports Act 1988 which refer to two bodies: t he Anti-Corruption Commission of Western Australia and the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This was done as these two bodies no longer exist. This item substitutes a new paragraph 27(1B)(b) which refers to the Corruption and Crime Commission of Western Australia; the successor of these two bodies.

Item 17

22.       Item 17 repeals paragraphs 27(16)(i) and (j) of the Financial Transaction Reports Act 1988 which refer to the Anti-Corruption Commission of Western Australia and the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This was done as these two bodies no longer exist.

Item 18

23.       Item 18 repeals paragraphs 27(17)(v) and (w) of the Financial Transaction Reports Act 1988 which refer to the Crime Commissioner, or an Assistant Crime Commissioner, of the Queensland Crime Commission, and, a member of the staff of that Commission. This was done as the Queensland Crime Commission no longer exists.

Item 19

24.       Item 19 repeals paragraphs 27(17)(x) and (y) of the Financial Transaction Reports Act 1988 which refer to a member and a member of the staff of the Anti-Corruption Commission of Western Australia, and a member of the staff and a person constituting the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This item substitutes new paragraphs 27(17)(x) and (y) which refer to the Commissioner of the Corruption and Crime Commission of Western Australia and a member of the staff of the Corruption and Crime Commission of Western Australia. This was done to remove references to members of, or employees of, bodies that no longer exist and to substitute references to members and employees of the body that succeeded these bodies.

Item 20

25.       Item 20 repeals paragraph 27(17)(z) of the Financial Transaction Reports Act 1988 which refers to an officer of the Corruption and Crime Commission of Western Australia (within the meaning of the Corruption and Crime Commission Act 2003 of Western Australia). This was done as the Corruption and Crime Commission of Western Australia no longer exists.

Item 21

26.       Item 21 inserts a comma between “holder of a fishing concession” and “scientific permit” in paragraph 95(1)(e) of the Fisheries Management Act 1991 to correct the punctuation in this paragraph.

Item 22

27.       Item 22 repeals the heading to Subdivision D of Division 6 of Part 6 of the Fisheries Management Act 1991 . This is done because the heading was inadvertently left in the Principal Act when item 208 of Schedule 2 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 repealed the only section in that Subdivision.

Item 23

28.       Item 23 corrects a spelling mistake and changes “Commonweath” to “Commonwealth” in subsection 113(1) of the Fisheries Management Act 1991 .

Item 24

29.       Item 24 corrects a spelling mistake and changes “menioned” to “mentioned” in paragraph 166(7)(b) of the Fisheries Management Act 1991 .

Item 25

30.       Item 25 changes “AMFA” to “AFMA” in subsection 167(1A) of the Fisheries Management Act 1991 AFMA is the Australian Fisheries Management Authority. This item corrects a typographical error.

Item 26

31.       Item 26 corrects a spelling mistake and changes “imposd” to “imposed” in

paragraph 31(j) of the Human Rights and Equal Opportunity Commission Act 1986 .

Item 27

32.       Item 27 repeals and remakes subsection 52(1) of the Insurance Act 1973 . That subsection was amended by item 36 of Schedule 1 of the General Insurance Reform Act 2001 and by item 29 of Schedule 2 of the Financial Sector (Collection of Data—Consequential and Transitional Provisions) Act 2001 . Because the amendments were expressed to commence at the same time and because their simultaneous commencement might lead to an undesirable interaction, the subsection has been restated to achieve the intended effect of both amending provisions while avoiding that interaction.

Item 28

33.       Item 28 rearranges the definitions in section 2 of the Judiciary Act 1903 into alphabetical order.

Item 29

34.       Item 29 changes the numbering of the first occurring section 230E in the Life Insurance Act 1995 to section 203E. This item removes the duplication of two sections being numbered as section 230E.

Item 30

35.       Item 30 repeals subparagraph 206(d)(v) of the Native Title Act 1993 . This subparagraph refers to the duty of the Parliamentary Joint Committee in relation to the operation of the National Aboriginal and Torres Strait Islander Land Fund established by Part 10 of the Act.  Part 10 of the Act was repealed pursuant to the Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 . This item removes a subparagraph made redundant by the repeal of Part 10 of the Native Title Act 1993 .

Item 31

36.       Item 31 removes a reference to “this Division” and replaces it with a reference to “this Part” in subsection 70(4) of the Patents Act 1990 . This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 32

37.       Item 32 removes a reference to “this Division” and replaces it with a reference to “this Part” in section 79A of the Patents Act 1990 . This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 33

38.       Item 33 removes a reference to “Division 2 of” in subsection 83(2) of the Patents Act 1990 . This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 34

39.       Item 34 removes a reference to “that Division” in subsection 83(2) of the Patents Act 1990 and substitutes it with a reference to “that Part”. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 35

40.       Item 35 removes a reference to “Division 2 of” in subsection 83(3) of the Patents Act 1990 . This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 36

41.       Item 36 removes a reference to “Division 2 of” in paragraph 83(4)(a) of the Patents Act 1990 . This item corrects a reference made incorrect by the repeal of Divisions within

Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 37

42.       Item 37 removes a reference to “that Division” in paragraph 83(4)(b) of the Patents Act 1990 and substitutes it with a reference to “that Part”. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000 .

Item 38

43.       Item 38 repeals and remakes paragraph (l) of the definition of enforcement body in subsection 6(1) of the Privacy Act 1988 so that a reference to the Criminal Justice Commission of Queensland is replaced with a reference to the Crime and Misconduct Commission of Queensland. The Criminal Justice Commission of Queensland no longer exists. This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

Item 39

44.       Item 39 inserts the word “treatment” after “the assisted reproductive technology” in paragraph (a) of the definition of excess ART embryo in subsection 8(1) of the Prohibition of Human Cloning Act 2002 . This corrects a misstatement of a defined expression.

Item 40

45.       Item 40 repeals paragraph 8(8)(zca) of the Social Security Act 1991 . This item repeals a paragraph made redundant by amendment of the Student and Youth Assistance Act 1973 .

Item 41

46.       Item 41 repeals the definition of activity test breach in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 42

47.       Item 42 repeals the definition of activity test breach rate reduction period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 43

48.       Item 43 repeals the definition of activity test non-payment period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 44

49.       Item 44 repeals the definition of administrative breach rate reduction period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 45

50.       Item 45 repeals the definition of educational institution in subsection 23(1) of the Social Security Act 1991 . The definition referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 46

51.       Item 46 repeals paragraph (l) of the definition of newly arrived resident’s waiting period in subsection 23(1) of in the Social Security Act 1991 . The definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 47

52.       Item 47 repeals paragraph (ba) of the definition of ordinary waiting period in subsection 23(1) of the Social Security Act 1991 . Paragraph (ba) referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 48

53.       Item 48 repeals the definition of student assistance benefit in subsection 23(1) of the Social Security Act 1991 . The definition referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 49

54.       Item 49 repeals paragraphs (fc) and (fe) of the definition of waiting period in subsection 23(1) of the Social Security Act 1991 . These paragraphs referred to the Student and Youth Assistance Act 1973 and have been made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 50

55.       Item 50 repeals the definition of Youth Training Activity Agreement in subsection 23(1) of the Social Security Act 1991 . The definition referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 51

56.       Item 51 corrects a reference to the Student and Youth Assistance Act 1973 in the definition of youth training allowance in subsection 23(1) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973 .

Item 52

57.       Item 52 repeals and remakes subparagraph 38B(6)(a)(ii) of the Social Security Act 1991 . This subparagraph made reference to the Student and Youth Assistance Act 1973 and this item amends the subparagraph to reflect amendment of the Student and Youth Assistance Act 1973 .

Item 53

58.       Item 53 repeals the definition of approved full-time unpaid voluntary work in subsection 542F(3) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 54

59.       Item 54 repeals the definition of approved organisation in subsection 542F(3) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.

Item 55

60.       Item 55 corrects the reference to the Student and Youth Assistance Act 1973 in subparagraph 546(1)(c)(ii) of the Social Security Act 1991 and changes it to the Student Assistance Act 1973 .

Item 56

61.       Item 56 removes “or” from the end of paragraph 549A(2)(d) of the Social Security Act 1991 so that a semi-colon now appears at the end of the paragraph.

Item 57

62.       Item 57 repeals paragraph 549A(2)(e) of the Social Security Act 1991 . This paragraph referred to the Student and Youth Assistance Act 1973 and was made redundant by amendments made to the Student and Youth Assistance Act 1973 .

Item 58

63.       Item 58 repeals and remakes paragraph 549D(3)(a) of the Social Security Act 1991 . This paragraph previously referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , references to the provisions of the Student and Youth Assistance Act 1973 in the paragraph became redundant from

1 July 1998 but the paragraphs were not recast at the time to remove them.

Item 59

64.       Item 59 repeals and remakes paragraphs 549D(4)(a) and (b) of the Social Security Act 1991 . These paragraphs previously referred to provisions of the Student and Youth Assistance Act 1973 . As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , references to the provisions of the Student and Youth Assistance Act 1973 in each paragraph became redundant from 1 July 1998 but the paragraphs were not recast at the time to remove them.

Item 60

65.       Item 60 removes the note to subsection 550A of the Social Security Act 1991 . The note made reference to the Student and Youth Assistance Act 1973 and is no longer required as a result of amendments made to the Student and Youth Assistance Act 1973 .

Item 61

66.       Item 61 relocates section 660LG of the Social Security Act 1991 so that it appears after section 660LF in Subdivision AA of Division 9 in Part 2.12 of the Social Security Act 1991 rather than after section 653A in Subdivision AA of Division 4 in Part 2.12 of the Act.

Item 62

67.       Item 62 corrects a reference to the Student and Youth Assistance Act 1973 in subsection 1228(2A) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973 .

Item 63

68.       Item 63 corrects a reference to the Student and Youth Assistance Act 1973 in paragraph 1234A(1)(a) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973 as in force before 1 July 1998.

Item 64

69.       Item 64 replaces a reference to the Chairman of the Queensland Criminal Justice Commission in paragraph (dad) of the definition of head in subsection 2(1) of the Taxation Administration Act 1953 , with a reference to the Chairperson of the Crime and Misconduct Commission.  The Queensland Criminal Justice Commission no longer exists and has been succeeded by the Crime and Misconduct Commission of Queensland. This item removes reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

Item 65

70.       Item 65 repeals a reference to the Crime Commissioner of the Queensland Crime Commission appointed under the Crime Commission Act 1997 of Queensland contained in paragraph (daf) of the definition of head in subsection 2(1) of the Taxation Administration Act 1953 . The Queensland Crime Commission no longer exists. This item removes reference to a body that no longer exists.

Item 66

71.       Item 66 repeals the definition of Anti-Corruption Commission contained in

subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Anti-Corruption Commission of Western Australia no longer exists. This item repeals the definition of a body that no longer exists.

Item 67

72.       Item 67 repeals the definition of Anti-Corruption Commission Act contained in subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.

Item 68

73.       Item 68 repeals paragraph (h) of the definition of certifying officer in subsection 5(1) of the Telecommunications (Interception) Act 1979 to remove references to members and employees of the Anti-Corruption Commission of Western Australia. The Anti-Corruption Commission of Western Australia no longer exists. This item removes a reference to members of, or employees of, a body that no longer exists.

Item 69

74.       Item 69 repeals paragraph (i) and (j) of the definition of chief officer in

subsection 5(1) of the Telecommunications (Interception) Act 1979 to remove references to the chairman of the Anti-Corruption Commission and the person constituting the Royal Commission into Police Corruption. The Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption no longer exist. This item removes references to members of, or constituting, bodies that no longer exist.

Item 70

75.       Item 70 removes references to the Anti-Corruption Commission and the Royal Commission into Police Corruption in paragraph (d) of the definition of eligible authority in subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption no longer exist. This item removes references to bodies that no longer exist.

Item 71

76.       Item 71 repeals the definition of member of the Anti-Corruption Commission in subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.

Item 72

77.       Item 72 repeals the definition of member of the staff of the Anti-Corruption Commission in subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.

Item 73

78.       Item 73 repeals paragraphs (i) and (j) of the definition of officer in subsection 5(1) of the Telecommunications (Interception) Act 1979 . These paragraphs referred to the Western Australia Anti-Corruption Commission and the Royal Commission into Police Corruption. Both of these bodies no longer exist. This item removes references to members of, or employees of, bodies that no longer exist.

Item 74

79.       Item 74 repeals paragraph (f) of the definition of permitted purpose in subsection 5(1) of the Telecommunications (Interception) Act 1979 . This paragraph referred to the Anti-Corruption Commission of Western Australia which no longer exists. This item removes a reference to purposes in respect of a body that no longer exists.

Item 75

80.       Item 75 repeals paragraphs (g) and (h) of the definition of prescribed investigation in subsection 5(1) of the Telecommunications (Interception) Act 1979 . These paragraphs referred to investigations of the Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to investigations by bodies that no longer exist.

Item 76

81.       Item 76 repeals paragraphs (i) and (j) of the definition of relevant offence in subsection 5(1) of the Telecommunications (Interception) Act 1979 . These paragraphs referred to the Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to offences associated with investigations conducted by bodies that no longer exist.

Item 77

82.       Item 77 repeals the definition of Royal Commission into Police Corruption in subsection 5(1) of the Telecommunications (Interception) Act 1979 . The Royal Commission into Police Corruption no longer exists. This item repeals a redundant definition.

Item 78

83.       Item 78 repeals paragraph 5B(i) of the Telecommunications (Interception) Act 1979 . This paragraph referred to a proceeding of the Royal Commission into Police Corruption which no longer exists. This item removes a reference to proceedings conducted by a body that no longer exists.

Item 79

84.       Item 79 repeals subparagraphs 6A(1)(c)(viii) and (ix) of the Telecommunications (Interception) Act 1979 . These paragraphs referred to the Western Australian Anti-Corruption Commission and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to investigations of offences by bodies that no longer exist.

Item 80

85.       Item 80 removes references to the Anti-Corruption Commission and the Royal Commission into Police Corruption of Western Australia in paragraph 6L(2)(d) of the Telecommunications (Interception) Act 1979 . Western Australia’s Anti-Corruption Commission and Royal Commission into Police Corruption no longer exist. This item removes references to bodies that no longer exist.

Item 81

86.       Item 81 repeals paragraph 39(2)(h) of the Telecommunications (Interception) Act 1979 . This paragraph referred to the Anti-Corruption Commission. The Anti-Corruption Commission of Western Australia no longer exists. This item removes reference to a body that no longer exists.

Item 82

87.       Item 82 repeals paragraphs 68(g) and (i) of the Telecommunications (Interception) Act 1979 . These paragraphs referred to the A nti-Corruption Commission and the Royal Commission into Police Corruption. These bodies no longer exist. This item removes references to information obtained by bodies that no longer exist.

Item 83

88.       Item 83 renumbers subclause 10(2A) of Schedule 5 to the Veterans’ Entitlements Act 1986 to subclause 10(2B). This corrects a numbering error by which two clauses were numbered as subclause 10(2A).

Item 84

89.       Item 84 replaces “first period of employment” with “ first period of employment ” in paragraph 170CBA(3A)(a) of the Workplace Relations Act 1996 . This item alters the presentation style of defined words to bold type so that it correctly reflects the style that is otherwise used throughout the Act.

Item 85

90.       Item 85 replaces “second period of employment” with “ second period of employment ” in paragraph 170CBA(3A)(c) of the Workplace Relations Act 1996 . This item alters the presentation style of defined words to bold type so that it correctly reflects the style that is otherwise used throughout the Act.

Schedule 2—Amendment of Amending Acts

91.       The items in Schedule 2 correct errors in amending legislation where the effect of the error has been to prevent the amendment from operating. An example of this kind of error is an amending provision as follows: “Section 3—Omit ‘a person’”, where section 3 does not contain the words “a person” but does contain the words “the person”. An item in this Schedule would amend the provision above so that it would read: “Section 3—Omit ‘the person’”.

92.       None of the amendments proposed in the Schedule are intended to alter the content of the law.

Item 1

93.       Item 1 and item 2 deal with item 42 of Schedule 3 to the Aged Care (Consequential Provisions) Act 1997 . This item (item 1) removes the reference to paragraph 1207(1)(d) in item 42 of Schedule 3 of the Aged Care (Consequential Provisions) Act 1997 . Item 42 of Schedule 3 to the Act sought to amend paragraphs 1207(1)(c) and 1207(1)(d) of the Social Security Act 1991 in the same way. Differences in the wording of those two paragraphs meant different treatments were required. This item ensures that item 42 only deals with paragraph 1207(1)(c).

Item 2

94.       Item 2 along with item 1 above, deal with item 42 of Schedule 3 to the Aged Care (Consequential Provisions) Act 1997 . Item 42 of Schedule 3 to that Act sought to amend paragraphs 1207(1)(c) and 1207(1)(d) of the Social Security Act 1991 in the same way. Differences in the wording of those two paragraphs meant different treatments were required. This item inserts a new item 42A into Schedule 3 of the Aged Care (Consequential Provisions) Act 1997 to deal separately with paragraph 1207(1)(d) of the Social Security Act 1991 .

Item 3

95.       Item 3 inserts “of Part 2” after “Division 2” in the heading to item 22 of Schedule 1 of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2003 to make clear where the amendment to the Agricultural and Veterinary Chemicals Code Act 1994 made by item 22 is to be located.

Item 4

96.       Item 4 repeals item 394 of Schedule 2 of the Audit (Transitional and Miscellaneous) Amendment Act 1997 , because item 394 purported to insert a note after a provision of the Australian National Railways Commission Act 1983 that was repealed by the Australian National Railways Commission Sales Act 1997.

Item 5

97.       Item 5 removes references to particular subsections contained in the heading to item 398 of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 , as the subsections of the Australian National Railways Commission Act 1983 referred to in that heading were repealed by the Australian National Railways Commission Sales Act 1997 .

Item 6

98.       Item 6 removes references to particular paragraphs contained in the heading to item 398 of Schedule 2 of the Audit (Transitional and Miscellaneous) Amendment Act 1997 , because item 398 of Schedule 2 to the Act purported to amend paragraphs of the Australian National Railways Commission Act 1983 which were repealed by the Australian National Railways Commission Sales Act 1997 .

Item 7

99.       Item 7 corrects a misstatement by changing the reference from “Part 1D” to “Part ID” of the Crimes Act 1914 , in the heading to item 16 of Schedule 3 of the Australian Federal Police and Other Legislation Amendment Act 2004 .

Item 8

100.     Item 8 corrects a grammatical error in item 12 of Schedule 1 of the Australian Film Commission Amendment Act 2003 by changing “member of staff” to “member of the staff” in subsection 14(1) of the Australian Film Commission Act 1975 .

Item 9

101.     Item 9 removes a reference to paragraph 268(2)(d) in the heading to item 167 of Schedule 1 of the Bankruptcy Legislation Amendment Act 2004 . Item 167 purported to omit and replace expressions used in various paragraphs, including paragraph 268(2)(d) in the Bankruptcy Act 1966 . However, the expression did not exist in paragraph 268(2)(d).

Item 10

102.     Item 10 corrects an error in the commencement provision of the Criminal Code Amendment (Espionage and Related Matters) Act 2002 set out in subsection 2(4). Subsection 2(4) inadvertently referred to item 6 of Schedule 2 of the Security Legislation Amendment (Terrorism) Act 2002 when it was intended that it refer to item 6 of Schedule 1 of that Act. There is no item 6 in Schedule 2 of that Act.

Item 11

103.     Item 11 corrects an error in the commencement provision of the Criminal Code Amendment (Espionage and Related Matters) Act 2002 set out in subsection 2(5). Subsection 2(5) inadvertently referred to item 6 of Schedule 2 of the Security Legislation Amendment (Terrorism) Act 2002 when it was intended that it refer to item 6 of Schedule 1 of that Act. There is no item 6 in Schedule 2 of that Act.

Item 12

104.     Item 12 corrects a misdescription in the heading to item 16 of Schedule 5 of the Financial Sector Legislation Amendment Act (No. 1) 2003 by changing “Part IIII” to “Part IIIA”. The effect of item 12 will be to move section 35A of the Insurance Act 1973 to its correct position after section 35 of the Insurance Act 1973 .

Item 13

105.     Item 13 corrects a reference in the heading of item 334 of Schedule 1 of the Financial Services Reform Act 2001 . That Act referred to subsection 170(3) of the Corporations Act 2001 when the substance of the amendment makes it clear that subsection 170(3B) of the latter Act had been the subsection intended to be amended.

Item 14

106.     Item 14 corrects the wording in item 57 of Schedule 1 to the Financial Services Reform (Consequential Provisions) Act 2001 . Item 57 of Schedule 1 of the Act purported to omit references to “her or she” in s ubparagraphs 12DK(2)(b)(i) and (ii) of the Australian Securities and Investments Commission Act 2001 and to substitute other words, however, “her or she” did not appear in the subparagraphs.

Item 15

107.     Item 15 corrects the wording in the heading to item 126 of Schedule 1 of the Financial Services Reform (Consequential Provisions) Act 2001 . Item 126 of Schedule 1 of the Act purported to replace a reference to “section 12GE” in paragraph 12HB(1)(a) of the Australian Securities and Investments Commission Act 2001 with references to other sections, however, “section 12GE” does not appear in paragraph 12HB(1)(a) but in paragraph 12HB(1)(b).

Item 16

108.     Item 16 corrects the wording of item 7 of Schedule 2 of the Financial Services Reform (Consequential Provisions) Act 2002 . Item 7 of Schedule 2 of that Act purported to omit an expression from subsection 104 3J(1) of the Corporations Act 2001 and to substitute another expression but did not accurately represent the expression it was proposed to omit.

Item 17

109.     Item 17 corrects the wording of item 9 of Schedule 2 of the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 . Item 9 of Schedule 2 of that Act purported to omit a phrase from paragraph 84(1)(e) of the Fisheries Management Act 1991 and to substitute another phrase in its place but it did not accurately represent the phrase it was proposed to omit.

Item 18

110.     Item 18 corrects item 9 of Schedule 2 to the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 . The effect of this item is to remove the duplication of a comma which would have been placed into paragraph 84(1)(e) of the Fisheries Management Act 1991 .

Item 19

111.     Item 19 corrects the wording of item 41B of Schedule 1 of the General Insurance Reform Act 2001 . Item 41B of Schedule 1 of that Act purported to omit an expression from subsection 55(1) of the Insurance Act 1973 and to substitute another expression but did not accurately represent the expression it was proposed to omit.

Item 20

112.     Item 20 repeals and remakes item 6 of Schedule 4 of the Hearing Services and AGHS Reform Act 1997 . Item 6 of Schedule 4 of that Act purported to insert words after the words “other than” in paragraph 7(1)(a) of the Privacy Act 1988 .  The words “other than” is used twice in paragraph 7(1)(a) of the Privacy Act 1988 . This item remakes the amending item so that the location of the amendment becomes certain.

Item 21

113.     Item 21 amends subsection 2(4) of the commencement provision to the Jurisdiction of Courts Legislation Amendment Act 2000 . That subsection provided that Schedule 3 to that Act commenced at the same time as “the items of Schedule 4” to the Corporate Law Economic Reform Program Act 1999 . Since parts of Schedule 4 to the latter Act commenced on different days, it has been necessary to be more precise to make the commencement effective.

Item 22

114.     Item 22 corrects a reference to a point in the note to item 95 of Schedule 3 to the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 . The note to item 95 to Schedule 3 of that Act purported to refer to the heading to point 1069-D9 in Module D in Part 3.6 of the Social Security Act 1991 by reference to a particular word in that heading, however, that word did not appear in the heading to point 1069-D9 and it was intended that the note refer to the heading of point 1068-D9.

Item 23

115.     Item 23 corrects the wording of item 114 of Schedule 5 of the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 . Item 114 of Schedule 5 of that Act purported to omit an expression from paragraph 660YCI(a) of the Social Security Act 1991 but did not accurately represent the expression it was proposed to omit.

Item 24

116.     Item 24 corrects the wording of the heading to item 138 of Schedule 1 of the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 . The heading to item 138 of Schedule 1 to that Act referred to a note to paragraph 7(2)(a) of the Social Security Act 1991 , however, there was no note to paragraph 7(2)(a) and it was intended to refer to the note to paragraph 7(2)(b). This item corrects the misdescription.

Item 25

117.     Item 25 amends the heading to item 23 of Schedule 1 of the Social Security and Veterans’ Entitlements Legislation Amendment (Private Trusts and Private Companies - Integrity of Means Testing) Act 2000 . The heading to item 23 of Schedule 1 to that Act referred to inserting Part 3.18 of the Social Security Act 1991 after Part 3.16A of that Act. This item relocates Part 3.18 so that it correctly appears before Part 3.19 of the Social Security Act 1991 instead of before Part 3.16B.

Item 26

118.     Item 26 corrects the heading to item 27 of Schedule 5 of the Social Security Legislation Amendment (Budget and Other Measures) Act 1996 . The heading to item 27 of Schedule 5 to that Act referred to deleting a definition in subsection 23(1) of the Social Security Act 1991 that does not exist. This item corrects the wording of the heading so that the correct definition is repealed.

Item 27

119.     Item 27 amends subsection 2(4) of the commencement provision to the Social Security Legislation Amendment (Further Budget and Other Measures) Act 1996 . That subsection provided that Schedule 4 of that Act commences on 20 September 1997 immediately after the commencement of Part 3 of Schedule 24 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996 . There is no Schedule 24 to the latter Act and the reference is therefore altered to Part 3 of Schedule 21 to correct the commencement provision.

Item 28

120.     Item 28 corrects the heading to item 41 of Schedule 9 of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , because the heading to item 41 referred to a particular paragraph of the Social Security Act 1991 that does not exist.

Item 29

121.     Item 29 corrects item 169 of Schedule 9 of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 . Item 169 of Schedule 9 of that Act purported to omit an expression in paragraphs 686(2)(b) and 771HI(2)(b) but did not accurately represent the expression it was proposed to omit.

Item 30

122.     Item 30 corrects the heading to item 14 of Schedule 1 to the Statute Law Revision Act 2002 . Item 14 of Schedule 1 to that Act referred to omitting and replacing certain words from Additional Note (1)(b) and Additional Note (1)(c) in section XI of Schedule 3 of the Customs Tariff Act 1995 . This item and item 31 splits item 14 of Schedule 1 of the Statute Law Revision Act 2002 into two amendments as slightly different wording was required for each Additional Note.

Item 31

123.     Item 31 inserts a new item 14A into Schedule 1 of the Statute Law Revision Act 2002 . Item 14 of Schedule 1 of that Act referred to omitting certain wording from Additional Note (1)(b) and Additional Note (1)(c) in section XI of Schedule 3 of the Customs Tariff Act 1995 . This item and item 30 splits item 14 of Schedule 1 of the Statute Law Revision Act 2002 into two amendments as slightly different wording was required for each Additional Note.

Item 32

124.     Item 32 corrects the heading to item 96 of Schedule 1 of the Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 . Item 96 of Schedule 1 of that Act referred to repealing a particular note from point 1068-G1 in Module G to Part 3.6 of the Social Security Act 1991 . Point 1068-GI contained two notes (note 1 and note 2) and this item fixes the incorrect cross-reference to make clear that note 1 is to be repealed.