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Statute Law Revision Bill 2011

Schedule 6 References to specific Departments

Part 1 Departments of State

Airports Act 1996

1  Subsection 5(1)

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

2  Paragraphs 71(3)(e) and 91(1)(f)

Omit “Department of Defence”, substitute “Defence Department”.

3  Subsection 251(2)

Omit “Department of Defence”, substitute “Defence Department”.

4  Paragraph 251(3)(a)

Omit “Department of Defence”, substitute “Defence Department”.

Anti-Personnel Mines Convention Act 1998

5  Section 4

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.

6  Paragraph 29(3)(a)

Omit “Department of Defence”, substitute “Defence Department”.

Australian Human Rights Commission Act 1986

7  Subsection 3(1)

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

8  Subsection 11(4)

Omit “Department of Defence” (wherever occurring), substitute “Defence Department”.

9  Subsection 21(3)

Omit “Department of Defence”, substitute “Defence Department”.

Australian Security Intelligence Organisation Act 1979

10  Section 4

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

11  Section 4 (paragraphs (c), (d) and (e) of the definition of intelligence or security agency )

Omit “Department of Defence”, substitute “Defence Department”.

Aviation Transport Security Act 2004

12  Section 9

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

13  Paragraph 28(4)(b)

Omit “Department of Defence”, substitute “Defence Department”.

Child Support (Assessment) Act 1989

14  Subsection 150(1)

Insert:

Veterans’ Affairs Department means the Department administered by the Minister administering the Veterans’ Entitlements Act 1986 .

15  Paragraph 150(3)(b)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

Child Support (Registration and Collection) Act 1988

16  Subsection 4(1)

Insert:

Immigration Department means the Department administered by the Minister administering the Migration Act 1958 .

17  Subsection 4(1)

Insert:

Veterans’ Affairs Department means the Department administered by the Minister administering the Veterans’ Entitlements Act 1986 .

18  Paragraph 16(3)(b)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

19  Subsection 72G(4)

Omit “Department of Immigration and Multicultural Affairs”, substitute “Immigration Department”.

Civil Aviation (Carriers’ Liability) Act 1959

20  Subsection 5(1)

Insert:

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

21  Subsection 8(3)

Omit “Department of Foreign Affairs and Trade”, substitute “Foreign Affairs Department”.

Coal Mining Industry (Long Service Leave Funding) Act 1992

22  Subsection 50(3)

Omit “of Industrial Relations”.

Commonwealth Electoral Act 1918

23  Subsection 99A(6)

Omit “Department of Immigration, Local Government and Ethnic Affairs”, substitute “Immigration Department”.

Crimes Act 1914

24  Subsection 3(1)

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

25  Subsection 3(1)

Insert:

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

26  Subsection 56(2) (definition of eligible person )

Omit “Department of Foreign Affairs and Trade”, substitute “Foreign Affairs Department”.

27  Section 85ZL (paragraphs (d), (e) and (f) of the definition of intelligence or security agency )

Omit “Department of Defence”, substitute “Defence Department”.

Criminal Code Act 1995

28  Section 473.1 of the Criminal Code

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

29  Section 473.1 of the Criminal Code (paragraphs (d) and (e) of the definition of intelligence or security officer )

Omit “Department of Defence”, substitute “Defence Department”.

30  Subsection 476.1(1) of the Criminal Code

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

31  Subsection 476.5(3) of the Criminal Code (definition of DIGO )

Omit “Department of Defence”, substitute “Defence Department”.

32  Subsection 476.5(3) of the Criminal Code (definition of DSD )

Omit “Department of Defence”, substitute “Defence Department”.

Defence Act 1903

33  Subsection 116R(1)

Omit “Department of Defence”, substitute “Department administered by the Minister”.

Defence Service Homes Act 1918

34  Subsection 4(1)

Insert:

Defence Department has the meaning given by the Military Rehabilitation and Compensation Act 2004 .

35  Subsections 4BA(5) and 4BB(4)

Omit “Department of Defence”, substitute “Defence Department”.

Defence (Special Undertakings) Act 1952

36  Section 19

Omit “Department of Aviation”, substitute “Department administered by the Minister administering the Air Navigation Act 1920 ”.

Diplomatic Privileges and Immunities Act 1967

37  Paragraph 7(2)(h)

Omit “Department of Foreign Affairs and Trade”, substitute “Department administered by the Minister administering this Act”.

Health Insurance Act 1973

38  Subsection 3(1)

Insert:

Immigration Department means the Department administered by the Minister administering the Migration Act 1958 .

39  Subsection 3(1)

Insert:

Veterans’ Affairs Department means the Department administered by the Veterans’ Affairs Minister.

40  Subsection 19AB(6)

Omit “Department of Immigration and Multicultural Affairs”, substitute “Immigration Department”.

41  Subsection 19AB(6)

Omit “Department of Health and Family Services”, substitute “Department administered by the Minister”.

42  Paragraph 130(6)(d)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

43  Paragraph 130(7)(f)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

44  Paragraph 130(7)(fa)

Omit “Department of Immigration and Ethnic Affairs”, substitute “Immigration Department”.

45  Paragraph 130(9)(b)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

46  Paragraph 130(9)(ba)

Omit “Department of Immigration and Ethnic Affairs”, substitute “Immigration Department”.

Higher Education Funding Act 1988

47  Subsection 78(8)

Omit “the Department of Employment, Education and Training”, substitute “the Department”.

Immigration (Education) Charge Act 1992

48  Subsection 3(2)

Insert:

Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .

49  Subsection 6(2) (paragraph (a) of the definition of base CGFCE number )

Omit “Department of Finance”, substitute “Finance Department”.

50  Subsection 6(2) (paragraph (a) of the definition of new CGFCE number )

Omit “Department of Finance”, substitute “Finance Department”.

Independent National Security Legislation Monitor Act 2010

51  Section 4

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

52  Section 4 (paragraphs (f), (g), (h) and (i) of the definition of head )

Omit “Department of Defence”, substitute “Defence Department”.

53  Section 4 (paragraphs (g), (h) and (i) of the definition of law enforcement or security agency )

Omit “Department of Defence”, substitute “Defence Department”.

Industrial Chemicals (Notification and Assessment) Act 1989

54  Subsection 5(1) (definition of ADG Code )

Omit “Department of Transport and Regional Development”, substitute “Transport Department”.

55  Subsection 5(1)

Insert:

Transport Department means the Department administered by the Minister administering the National Transport Commission Act 2003 .

Inspector-General of Intelligence and Security Act 1986

56  Subsection 3(1)

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

57  Subsection 3(1) (definition of DIGO )

Omit “Department of Defence”, substitute “Defence Department”.

58  Subsection 3(1) (definition of DIO )

Omit “Department of Defence”, substitute “Defence Department”.

59  Subsection 3(1) (definition of DSD )

Omit “Department of Defence”, substitute “Defence Department”.

60  Paragraphs 15(3)(b) and 21(1B)(b) and (2)(a)

Omit “Department of Defence”, substitute “Defence Department”.

61  Paragraph 24A(1)(b)

Omit “Department of Defence”, substitute “Defence Department”.

62  Paragraphs 32A(1)(d) and (5)(b)

Omit “Department of Defence”, substitute “Defence Department”.

Intelligence Services Act 2001

63  Section 3

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.

64  Section 3 (definition of DIGO )

Omit “Department of Defence”, substitute “Defence Department”.

65  Section 3 (definition of DIO )

Omit “Department of Defence”, substitute “Defence Department”.

66  Section 3 (definition of DSD )

Omit “Department of Defence”, substitute “Defence Department”.

International Arbitration Act 1974

67  Subsection 3(1)

Insert:

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

68  Subsections 10(1) and 10A(1) and (5)

Omit “Department of Foreign Affairs”, substitute “Foreign Affairs Department”.

Note:       The heading to section 10A is altered by omitting “ Department of Foreign Affairs and Trade ” and substituting “ Foreign Affairs Department ”.

Narcotic Drugs Act 1967

69  Subsection 4(1) (definition of Secretary )

Omit “Department of Health”, substitute “Department administered by the Health Minister” .

National Health Act 1953

70  Subsection 4(1)

Insert:

Health Department means the Department administered by the Health Minister.

71  Subsection 4(1) (paragraph (a) of the definition of Secretary )

Omit “Department of Health”, substitute “Health Department”.

72  Subsection 4(1) (subparagraph (c)(i) of the definition of Secretary )

Omit “Department of Health”, substitute “Health Department”.

73  Subsection 4(1)

Insert:

Veterans’ Affairs Department means the Department administered by the Veterans’ Affairs Minister.

74  Paragraph 99YBC(2)(b)

Omit “Department of Health and Ageing”, substitute “Health Department”.

75  Paragraph 135A(6)(e)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

76  Paragraph 135A(7)(h)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

77  Paragraph 135A(9)(b)

Omit “Department of Veterans’ Affairs”, substitute “Veterans’ Affairs Department”.

78  Section 139C

Omit “Department of Health and Aged Care”, substitute “Health Department”.

Natural Heritage Trust of Australia Act 1997

79  Paragraphs 46(1)(a) and (b)

Omit “Department of Primary Industries and Energy”, substitute “Agriculture Department”.

80  Section 54

Insert:

Agriculture Department means the Department administered by the Agriculture Minister.

Parliamentary Contributory Superannuation Act 1948

81  Subsection 4(1)

Insert:

Finance Department means the Department administered by the Finance Minister.

82  Subsection 8(5)

Omit “Department of Finance” (wherever occurring), substitute “Finance Department”.

83  Subsections 14(2) and (3)

Omit “Department of Finance”, substitute “Finance Department”.

84  Subsection 18A(1)

Omit “Department of Finance and Administration”, substitute “Finance Department”.

85  Subsections 18B(3) and (3A)

Omit “Department of Finance”, substitute “Finance Department”.

86  Subsections 19AAA(1) and 19ABA(1)

Omit “Department of Finance and Administration”, substitute “Finance Department”.

87  Subsections 19A(6) and 20(2A) and (2B)

Omit “Department of Finance”, substitute “Finance Department”.

Public Order (Protection of Persons and Property) Act 1971

88  Subsection 4(1)

Insert:

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

89  Paragraph 21(2)(a)

Omit “Department of Foreign Affairs”, substitute “Foreign Affairs Department”.

Radiocommunications Act 1992

90  Section 5

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

91  Section 24

Omit “Department of Defence” (wherever occurring), substitute “Defence Department”.

92  Subsections 26(1) and (2)

Omit “Department of Defence”, substitute “Defence Department”.

93  Paragraph 283(d)

Omit “Department of Defence”, substitute “Defence Department”.

Referendum (Machinery Provisions) Act 1984

94  Subsection 3(1)

Insert:

Immigration Department means the Department administered by the Minister administering the Migration Act 1958 .

Safety, Rehabilitation and Compensation Act 1988

95  Subsection 4(1)

Insert:

Defence Department has the meaning given by the MRCA.

96  Paragraph 54(4)(a)

Omit “Department of Defence”, substitute “Defence Department”.

97  Section 141 (definition of Defence Department )

Repeal the definition.

Note:       This item repeals a redundant definition.

Small Superannuation Accounts Act 1995

98  Section 4

Insert:

Finance Department means the Department administered by the Finance Minister.

99  Section 92

Omit “Department of Finance”, substitute “Finance Department”.

Snowy Mountains Engineering Corporation Limited Sale Act 1993

100  Subsection 3(1)

Insert:

Finance Department means the Department administered by the Finance Minister.

101  Subsection 38(4) (paragraph (b) of the definition of authorised person )

Omit “Department of Finance”, substitute “Finance Department”.

Social Security (Administration) Act 1999

102  Subsection 127(3)

Omit “Department of Agriculture, Fisheries and Forestry”, substitute “Agriculture Department”.

103  Paragraphs 129(4)(d) and 144(c)

Omit “Department of Agriculture, Fisheries and Forestry”, substitute “Agriculture Department”.

104  Subclause 1(1) of Schedule 1

Insert:

Agriculture Department means the Department administered by the Agriculture Minister.

Superannuation (Productivity Benefit) Act 1988

105  Subsection 3(1)

Insert:

Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .

106  Section 9C

Omit “Department of Finance”, substitute “Finance Department”.

Telecommunications Act 1997

107  Section 7

Insert:

Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

108  Subsection 45(3) (paragraph (a) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

109  Subsection 45(3) (subparagraph (c)(i) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

110  Subsection 90(2) (paragraph (a) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

111  Subsection 90(2) (subparagraph (c)(i) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

112  Paragraphs 334(a), 335(1)(a) and 338(4)(a)

Omit “Department of Defence”, substitute “Defence Department”.

113  Subsection 347(1)

Omit “Department of Defence”, substitute “Defence Department”.

114  Clause 2 of Schedule 3 (paragraph (a) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

115  Clause 2 of Schedule 3 (subparagraph (c)(i) of the definition of defence organisation )

Omit “Department of Defence”, substitute “Defence Department”.

Telstra Corporation Act 1991

116  Section 3

Insert:

Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .

117  Section 3

Insert:

Transport Department means the Department administered by the Transport Minister.

118  Paragraphs 8BB(2)(a) and (b) and 8CB(2)(a) and (b)

Omit “Department of Finance”, substitute “Finance Department”.

119  Paragraph 70(1)(a)

Omit “Department of Transport and Regional Services”, substitute “Transport Department”.



 

Part 2 Parliamentary Departments

A New Tax System (Australian Business Number) Act 1999

120  Section 41 (paragraph (b) of the definition of government entity )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.

A New Tax System (Goods and Services Tax) Act 1999

121  Paragraph 72-95(b)

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.

Australian Communications and Media Authority Act 2005

122  Subsection 55(2) (paragraph (a) of the definition of authority of the Commonwealth )

Omit “Department of the Parliament, or a prescribed agency”, substitute “Parliamentary Department, or a prescribed agency,”.

Commonwealth Electoral Act 1918

123  Subsection 311A(4) (paragraph (b) of the definition of Commonwealth Department )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.

Commonwealth Volunteers Protection Act 2003

124  Subsection 4(1) (paragraph (b) of the definition of Commonwealth )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 .

Financial Management and Accountability Act 1997

125  Section 5 (paragraph (b) of the definition of Agency )

Omit “Department of the Parliament”, substitute “Parliamentary Department”.

126  Section 5

Insert:

Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999 .

127  Subsection 32(5)

Omit “Departments of the Parliament”, substitute “Parliamentary Departments”.

Note:       The heading to subsection 32(5) is altered by omitting “ Departments of the Parliament ” and substituting “ Parliamentary Departments ”.

128  Subsection 36(1)

Omit “Department of the Parliament”, substitute “Parliamentary Department”.

Fringe Benefits Tax (Application to the Commonwealth) Act 1986

129  Subsection 3(1) (paragraph (b) of the definition of Department )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.

Ombudsman Act 1976

130  Subsection 3(1) (definition of Parliamentary Department )

Repeal the definition, substitute:

Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999 .

Paid Parental Leave Act 2010

131  Section 6 (paragraph (b) of the definition of Commonwealth agency )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 .

Superannuation Act 1976

132  Subsection 3C(2) (at the end of paragraph (b) of the definition of Department )

Add “established under the Parliamentary Service Act 1999 ”.

Superannuation Act 1990

133  Subsection 3AA(2) (at the end of paragraph (b) of the definition of Department )

Add “established under the Parliamentary Service Act 1999 ”.

Superannuation Act 2005

134  Section 4 (at the end of the definition of Parliamentary Department )

Add “established under the Parliamentary Service Act 1999 ”.

Superannuation Guarantee (Administration) Act 1992

135  Subsection 5(5) (paragraph (b) of the definition of Commonwealth Department )

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.

Superannuation (Productivity Benefit) Act 1988

136  Subsection 3(1) (at the end of paragraph (b) of the definition of Department )

Add “established under the Parliamentary Service Act 1999 ”.

Telecommunications Act 1997

137  Paragraph 471(2)(b)

After “Parliament”, insert “established under the Parliamentary Service Act 1999 ”.



 

Part 3 Transitional, saving and application provisions

 

138  Transitional—amendments do not affect things done

Things done under amended provisions

(1)       Subitem (2) applies to a thing done under a provision of an Act if:

                     (a)  the provision is amended by an item of this Schedule; and

                     (b)  the thing was in force immediately before the commencement of that item.

(2)       The thing has effect, on and after the commencement of that item, as if it had been done under that provision as amended by that item. However, this is not taken to change the time at which the thing was actually done.

Amendments do not affect requirements for things done

(3)       Subitem (4) applies to a thing done under an Act if:

                     (a)  the thing was in force, and complied with a requirement of that Act, immediately before the commencement of an item of this Schedule; and

                     (b)  immediately after the commencement of that item, the thing fails to comply with that requirement solely because of the amendments of that Act made by that item.

(4)       Disregard those amendments when considering, on and after the commencement of that item, whether the thing complies with that requirement.

Meaning of things done

(5)       In this item, doing a thing includes:

                     (a)  making an instrument; and

                     (b)  making a decision.

139  Regulations may deal with transitional etc. matters

The Governor-General may make regulations dealing with matters of a transitional, saving or application nature relating to the amendments or repeals made by this Schedule.