[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Law Amendment (Prescribed
Forms and Other Updates) Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to update references to prescribed
forms in, and to make minor and technical
amendments of, the statute law of the
Commonwealth, to repeal certain obsolete Acts,
and for related purposes
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 2
3
Schedules ............................................................................................... 2
Schedule 1
--
Prescribed forms
3
Agricultural and Veterinary Chemicals (Administration) Act 1992
3
Airports Act 1996
3
Australian Radiation Protection and Nuclear Safety Act 1998
3
Australian Security Intelligence Organisation Act 1979
4
Banking Act 1959
4
Building Energy Efficiency Disclosure Act 2010
4
Carbon Credits (Carbon Farming Initiative) Act 2011
5
Competition and Consumer Act 2010
5
Copyright Act 1968
5
Corporations (Aboriginal and Torres Strait Islander) Act 2006
6
Court Security Act 2013
6
Customs Act 1901
7
Defence Trade Controls Act 2012
7
Designs Act 2003
8
Fuel Quality Standards Act 2000
9
Great Barrier Reef Marine Park Act 1975
10
Health Insurance Act 1973
10
International Air Services Commission Act 1992
11
Maritime Transport and Offshore Facilities Security Act 2003
11
Migration Act 1958
12
National Environment Protection Measures (Implementation) Act
1998
13
National Greenhouse and Energy Reporting Act 2007
13
National Health and Medical Research Council Act 1992
14
National Health Security Act 2007
16
National Measurement Act 1960
16
Payment Systems and Netting Act 1998
16
ii
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Protection of Movable Cultural Heritage Act 1986
17
Protection of the Sea (Civil Liability) Act 1981
19
Regulatory Powers (Standard Provisions) Act 2014
20
Renewable Energy (Electricity) Act 2000
20
Safety, Rehabilitation and Compensation Act 1988
20
Trade Marks Act 1995
21
Transport Safety Investigation Act 2003
21
Schedule 2
--
References to persons with disability
22
Family Law Act 1975
22
Social Security Act 1991
23
Veterans' Entitlements Act 1986
25
Schedule 3
--
References to Northern Territory legislation
26
Aboriginal Land Rights (Northern Territory) Act 1976
26
Fair Work Act 2009
26
Lands Acquisition (Northern Territory Pastoral Leases) Act 1981
26
Mutual Recognition Act 1992
26
Native Title Act 1993
27
Offshore Petroleum and Greenhouse Gas Storage Act 2006
28
Surveillance Devices Act 2004
28
Telecommunications (Interception and Access) Act 1979
28
Trans-Tasman Mutual Recognition Act 1997
28
Uranium Royalty (Northern Territory) Act 2009
30
Work Health and Safety Act 2011
30
Schedule 4
--
Other amendments of principal Acts
31
Air Navigation Act 1920
31
Airports Act 1996
31
A New Tax System (Family Assistance) Act 1999
31
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
31
Australian Communications and Media Authority Act 2005
32
Australian Postal Corporation Act 1989
32
Commonwealth Electoral Act 1918
32
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
iii
Customs Act 1901
33
Data Availability and Transparency Act 2022
34
Disability Discrimination Act 1992
35
Export Control Act 2020
35
Fair Work Act 2009
35
Fair Work (Registered Organisations) Act 2009
36
Family Law Act 1975
36
Federal Circuit and Family Court of Australia Act 2021
37
Federal Safety Commissioner Act 2022
37
Foreign Influence Transparency Scheme Act 2018
37
Higher Education Support Act 2003
38
My Health Records Act 2012
38
National Anti-Corruption Commission Act 2022
38
National Disability Insurance Scheme Act 2013
38
National Vocational Education and Training Regulator Act 2011
38
Offshore Petroleum and Greenhouse Gas Storage Act 2006
39
Radiocommunications Act 1992
39
Seafarers Rehabilitation and Compensation Act 1992
39
Security of Critical Infrastructure Act 2018
39
Space (Launches and Returns) Act 2018
39
Sydney Airport Curfew Act 1995
39
Trade Marks Act 1995
41
Schedule 5
--
Repeals of obsolete Acts and spent provisions
42
Part 1
--
Repeals of obsolete Acts
42
Division 1
--
Repeals
42
Evidence Act 1905
42
Migration (Health Services) Charge Act 1991
42
Wool International Act 1993
42
Wool International Privatisation Act 1999
42
Division 2
--
Consequential amendments
42
Migration Act 1958
42
iv
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Part 2
--
Repeals of spent provisions
43
Agricultural and Veterinary Chemicals (Administration) Act 1992
43
Australian Capital Territory Government Service (Consequential
Provisions) Act 1994
43
Health Insurance Act 1973
43
Health Insurance Commission (Reform and Separation of Functions)
Act 1997
43
Long Service Leave (Commonwealth Employees) Act 1976
44
Patents Act 1990
44
Privacy Act 1988
44
Social Security Act 1991
44
Special Broadcasting Service Act 1991
45
Trade Representatives Act 1933
45
Veterans' Entitlements Act 1986
45
Schedule 6
--
Amendments of amending Acts
46
Acts and Instruments (Framework Reform) Act 2015
46
Family Assistance Legislation Amendment (Jobs for Families Child
Care Package) Act 2017
46
Migration and Maritime Powers Legislation Amendment (Resolving
the Asylum Legacy Caseload) Act 2014
46
Social Security Legislation Amendment (Youth Allowance
Consequential and Related Measures) Act 1998
46
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
1
A Bill for an Act to update references to prescribed
1
forms in, and to make minor and technical
2
amendments of, the statute law of the
3
Commonwealth, to repeal certain obsolete Acts,
4
and for related purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act is the
Statute Law Amendment (Prescribed Forms and
8
Other Updates) Act 2023.
9
2
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedules 2 to
6
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
3
Schedule
1--Prescribed forms
1
2
Agricultural and Veterinary Chemicals (Administration) Act
3
1992
4
1 Section 69EAA (definition of
approved form
)
5
Omit "or prescribed by the regulations".
6
Airports Act 1996
7
2 Subsection 142(5)
8
Omit "be in the prescribed form", substitute "contain the information
9
prescribed by the regulations".
10
3 Application provision
11
The amendment of the
Airports Act 1996
made by this Schedule applies
12
in relation to certificates given after the commencement of this item.
13
Australian Radiation Protection and Nuclear Safety Act 1998
14
4 Subsection 62(3)
15
Omit "the form prescribed by the regulations", substitute "the form
16
approved in an instrument under subsection
(3A)".
17
5 After subsection 62(3)
18
Insert:
19
(3A) The CEO may, by notifiable instrument, approve a form for the
20
purposes of subsection (3).
21
6 Application provision
22
The amendments of the
Australian Radiation Protection and Nuclear
23
Safety Act 1998
made by this Schedule apply in relation to identity
24
cards issued after the commencement of this item.
25
Schedule 1
Prescribed forms
4
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Australian Security Intelligence Organisation Act 1979
1
7 Subsection 38(1)
2
Omit "information, in the prescribed form,", substitute "prescribed
3
information".
4
8 Subsection 38A(2)
5
Omit "information, in the form prescribed for the purposes of
6
subsection
38(1),", substitute "prescribed information".
7
9 Application provision
8
The amendments of the
Australian Security Intelligence Organisation
9
Act 1979
made by this Schedule apply in relation to notices given after
10
the commencement of this item.
11
Banking Act 1959
12
10 Subsection 69(3)
13
Omit "and any regulations under subsection
(3A)".
14
11 Subsection 69(3A)
15
Repeal the subsection.
16
Building Energy Efficiency Disclosure Act 2010
17
12 Paragraph 35(2)(a)
18
Repeal the paragraph, substitute:
19
(a) satisfy the requirements prescribed by the regulations; and
20
13 Application provision
21
The amendment of the
Building Energy Efficiency Disclosure Act 2010
22
made by this Schedule applies in relation to identity cards issued after
23
the commencement of this item.
24
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
5
Carbon Credits (Carbon Farming Initiative) Act 2011
1
14 Paragraphs 76(4)(a), (b) and (d)
2
Omit "regulations or the".
3
15 Subsections 76(9) and (10)
4
Omit "regulations or".
5
16 Paragraph 197(2)(a)
6
Omit "
be in the form prescribed by the regulations or
"
, substitute
7
"satisfy the requirements prescribed by"
.
8
Competition and Consumer Act 2010
9
17 Paragraph 133A(2)(a)
10
Repeal the paragraph, substitute:
11
(a) contain the information prescribed by the regulations; and
12
18 Paragraph 154C(2)(a)
13
Repeal the paragraph, substitute:
14
(a) contain the information prescribed by the regulations; and
15
19 Application provision
16
The amendments of sections 133A and 154C of the
Competition and
17
Consumer Act 2010
made by this Schedule apply in relation to identity
18
cards issued after the commencement of this item.
19
Copyright Act 1968
20
20 Subsection 135AEA(3)
21
Repeal the subsection (not including the note), substitute:
22
(3) The claim must contain the information prescribed by the
23
regulations.
24
21 Subsection 135ZZQ(1)
25
Omit "in the prescribed form".
26
Schedule 1
Prescribed forms
6
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
22 Subsection 135ZZQ(1)
1
After "identity card must", insert "satisfy the requirements prescribed
2
by the regulations and must".
3
23 Application provisions
4
(1)
The amendment of section 135AEA of the
Copyright Act 1968
made by
5
this Schedule applies in relation to claims made after the
6
commencement of this item.
7
(2)
The amendments of section 135ZZQ of the
Copyright Act 1968
made
8
by this Schedule apply in relation to identity cards issued after the
9
commencement of this item.
10
Corporations (Aboriginal and Torres Strait Islander) Act
11
2006
12
24 Subsection 447-5(1)
13
Omit "in the form prescribed by the regulations".
14
25 Subsection 447-5(1)
15
After "identity card must", insert "contain the information prescribed by
16
the regulations and must".
17
26 Application provision
18
The amendments of the
Corporations (Aboriginal and Torres Strait
19
Islander) Act 2006
made by this Schedule apply in relation to identity
20
cards issued after the commencement of this item.
21
Court Security Act 2013
22
27 Paragraph 12(2)(a)
23
Repeal the paragraph, substitute:
24
(a) contain the information prescribed by the regulations; and
25
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
7
28 Application provision
1
The amendment of the
Court Security Act 2013
made by this Schedule
2
applies in relation to identity cards issued after the commencement of
3
this item.
4
Customs Act 1901
5
29 Subsection 4(1) (definition of
Export entry advice
)
6
Repeal the definition.
7
30 Subsection 114C(1)
8
Omit "in a manner and form specified in the regulations", substitute
9
"satisfying the requirements prescribed by the regulations".
10
31 Subsection 114C(2)
11
Omit "regulations specifying the form of an export entry advice must
12
include in the information set out in that advice a number (the
export
13
entry advice number
) by which the advice can be identified", substitute
14
"the regulations must require an export entry advice to contain an
15
export entry advice number by which the advice can be identified".
16
32 Section 126
17
Omit "such form", substitute "the approved form".
18
33 Paragraph 130B(2A)(b)
19
Omit "prescribed form", substitute "approved form".
20
34 Application provision
21
The amendments of section 114C of the
Customs Act 1901
made by this
22
Schedule apply in relation to export entry advices given after the
23
commencement of this item.
24
Defence Trade Controls Act 2012
25
35 Paragraphs 40(2)(a) and (b)
26
Repeal the paragraphs, substitute:
27
(a) satisfy the requirements prescribed by the regulations; and
28
Schedule 1
Prescribed forms
8
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
36 Application provision
1
The amendment of the
Defence Trade Controls Act 2012
made by this
2
Schedule applies in relation to identity cards issued after the
3
commencement of this item.
4
Designs Act 2003
5
37 Subsection 33(4)
6
Omit "be in the form prescribed by the regulations", substitute "satisfy
7
the requirement
s prescribed by the regulations".
8
38 Subsection 45(3)
9
Omit "be in the form prescribed by the regulations", substitute "contain
10
the information prescribed by the regulations".
11
39 Subsection 45(4)
12
Omit "be in the form prescribed by the regulations", substitute "satisfy
13
the requirements prescribed by the regulations".
14
40 Subsection 47(3)
15
Omit "is in the form prescribed by the regulations", substitute "satisfies
16
the requirements prescribed by the regulations".
17
41 Paragraph 47(4)(b)
18
Omit "is in the form", substitute "satisfies the requirements".
19
42 Paragraph 49(3)(c)
20
Omit "be made in a form prescribed by the regulations", substitute
21
"contain the information prescribed by the regulations".
22
43 Subsection 52(4)
23
Omit ", in the form prescribed by the regulations, stating", substitute
24
"that satisfies the requirements prescribed by the regulations and that
25
states".
26
44 Paragraph 67(3)(a)
27
Omit ", in the form prescribed by the regulations,".
28
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
9
45 Paragraph 67(3)(a)
1
After "design", insert "that contains the information
prescribed by the
2
regulations".
3
46 Paragraph 67(3)(c)
4
Omit ", in the form prescribed by the regulations, stating", substitute
5
"that satisfies the requirements prescribed by the regulations and that
6
states".
7
47 Subsection 68(3)
8
Omit ", in the form prescribed by the regulations, stating", substitute
9
"that satisfies the requirements prescribed by the regulations and that
10
states".
11
48 Application provisions
12
(1)
The amendments of section 33, subsection 45(4), section 52,
13
paragraph 67(3)(c) and section 68 of the
Designs Act 2003
made by this
14
Schedule apply in relation to notices published after the commencement
15
of this item.
16
(2)
The amendments of subsection 45(3) and paragraph 67(3)(a) of the
17
Designs Act 2003
made by this Schedule apply in relation to certificates
18
issued after the commencement of this item.
19
(3)
The amendment of subsection 47(3) of the
Designs Act 2003
made by
20
this Schedule applies in relation to applications made after the
21
commencement of this item.
22
(4)
The amendment of section 49 of the
Designs Act 2003
made by this
23
Schedule applies in relation to offers made after the commencement of
24
this item.
25
Fuel Quality Standards Act 2000
26
49 Paragraph 39(2)(a)
27
Repeal the paragraph, substitute:
28
(a) satisfy the requirements prescribed by the regulations; and
29
Schedule 1
Prescribed forms
10
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
50 Application provision
1
The amendment of the
Fuel Quality Standards Act 2000
made by this
2
Schedule applies in relation to identity cards issued after the
3
commencement of this item.
4
Great Barrier Reef Marine Park Act 1975
5
51 Subsection 45(1)
6
Omit "the form prescribed containing", substitute "the form approved in
7
an instrument under subsection
(1A) and that contains".
8
52 After subsection 45(1)
9
Insert:
10
(1A) The CEO may, by notifiable instrument, approve a form for the
11
purposes of subsection (1).
12
53 Application provision
13
The amendments of the
Great Barrier Reef Marine Park Act 1975
made
14
by this Schedule apply in relation to identity cards issued after the
15
commencement of this item.
16
Health Insurance Act 1973
17
54 Subsection 40(1)
18
Omit "the prescribed form", substitute "the approved form".
19
55 At the end of subsection 40(1)
20
Add "The application must be signed in accordance with the
21
regulations.".
22
56 Subsection 41(1)
23
Omit "the prescribed form", substitute "the approved form".
24
57 At the end of subsection 41(1)
25
Add "The application must be signed in accordance with the
26
regulations.".
27
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
11
58 Application provision
1
The amendments of the
Health Insurance Act 1973
made by this
2
Schedule apply in relation to applications made after the
3
commencement of this item.
4
International Air Services Commission Act 1992
5
59 Paragraph 14(1)(c)
6
Omit "
paragraph 1
2(2)(b); and", substitute "
paragraph 1
2(2)(b).".
7
60 Paragraph 14(1)(d)
8
Repeal the paragraph.
9
61 Subsection 14(2)
10
Repeal the subsection.
11
62 Paragraph 21(2)(c)
12
Omit "applications; and", substitute "applications.".
13
63 Paragraph 21(2)(d)
14
Repeal the paragraph.
15
64 Subsection 21(3)
16
Repeal the subsection.
17
Maritime Transport and Offshore Facilities Security Act
18
2003
19
65 Subsection 61A(2)
20
Omit "The regulations may prescribe requireme
nts in relation to the
21
form and content of the application, and the way in which the
22
application is made.".
23
66 Subsection 79A(2)
24
Omit "The regulations may prescribe requirements in relation to the
25
form and content of the application, and the way in which the
26
application is made.".
27
Schedule 1
Prescribed forms
12
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
67 Subsection 81(2)
1
Omit "The regulations may prescribe requirements in relation to the
2
form and content of the application, and the way in which the
3
application is made.".
4
68 Subsection 100X(2)
5
Omit "The regulations may prescr
ibe requirements in relation to the
6
form and content of the application, and the way in which the
7
application is made.".
8
Migration Act 1958
9
69 Paragraph 140W(2)(a)
10
Repeal the paragraph, substitute:
11
(a) must be in the approved form and may include additional
12
information that is not set out in the form; and
13
70 Subsection 274(3)
14
Repeal the subsection, substitute:
15
(3) A document for the purposes of subsection (2):
16
(a) must be in the approved form; and
17
(b) must contain a photograph of the person concerned (if
18
available); and
19
(c)
must state, to the best of the Secretary's or Australian Border
20
Force Commissioner's knowledge, the name and nationality
21
of the person concerned; and
22
(d) may include such other information as the Secretary or
23
Australian Border Force Commissioner thinks appropriate.
24
71 Application provisions
25
(1)
The amendment of section 140W of the
Migration Act 1958
made by
26
this Schedule applies in relation to identity cards issued after the
27
commencement of this item.
28
(2)
The amendment of section 274 of the
Migration Act 1958
made by this
29
Schedule applies in relation to documents given after the
30
commencement of this item.
31
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
13
National Environment Protection Measures
1
(Implementation) Act 1998
2
72 Subsection 40(1)
3
Omit "in the prescribed form", substitute "in writing".
4
National Greenhouse and Energy Reporting Act 2007
5
73 After paragraph 15(a)
6
Insert:
7
(aa) be in a form approved by the Regulator; and
8
74 Paragraph 15(d)
9
Repeal the paragraph, substitute:
10
(d) comply with any requirements prescribed by the regulations.
11
75 Subsection 20(2)
12
Repeal the subsection, substitute:
13
(2) The registered corporation or the other person may apply to the
14
Regulator for a determination under subsection (3). The application
15
must:
16
(a) be in a form approved by the Regulator; and
17
(b) comply with any requirements prescribed by the regulations.
18
76 Subsection 58(1)
19
Omit "in the form specified by the regulations", substitute "that satisfies
20
the requirements prescribed by the regulations".
21
77 Application provisions
22
(1)
The amendments of sections 15 and 20 of the
National Greenhouse and
23
Energy Reporting Act 2007
made by this Schedule apply in relation to
24
applications made after the commencement of this item.
25
(2)
The amendment of section 58 of the
National Greenhouse and Energy
26
Reporting Act 2007
made by this Schedule applies in relation to identity
27
cards issued after the commencement of this item.
28
Schedule 1
Prescribed forms
14
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
National Health and Medical Research Council Act 1992
1
78 Subsection 12(2)
2
Omit ", in the manner and form specified in the regulations",
substitute
3
"on the NHMRC's website".
4
79 At the end of subsection 12(2)
5
Add:
6
; and (c) including the information prescribed by the regulations.
7
80 Paragraph 12(3)(a)
8
Omit ", in the manner and form specified in the regulations", substitute
9
"on the NHMRC's website".
10
81 Subparagraph 12(3)(a)(iii)
11
Omit "notice; or", substitute "notice; and".
12
82 At the end of paragraph 12(3)(a)
13
Add:
14
(iv) including the information prescribed by the regulations;
15
or
16
83 Paragraph 12(3)(b)
17
Repeal the paragraph, substitute:
18
(b)
publish a notice on the NHMRC's website:
19
(i) stating that it no longer proposes to provide the
20
recommendation to the CEO; and
21
(ii) including the information prescribed by the regulations.
22
84 Paragraph 13(d)
23
Omit ", in the manner and form specified in the regulations", substitute
24
"on the NHMRC's website".
25
85 At the end of paragraph 13(d)
26
Add:
27
(iv) including the information prescribed by the regulations;
28
and
29
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
15
86 Subsection 14(2)
1
Omit ", in the manner and form specified in the regulations", substitute
2
"on the NHMRC's website".
3
87 At the end of subsection 14(2)
4
Add:
5
; and (d) including the information prescribed by the regulations.
6
88 Subsection 14(4)
7
Omit ", in the manner and form specified in the regulations", substitute
8
"on the NHMRC's website".
9
89 At the end of subsection 14(4)
10
Add:
11
; and (d) including the information prescribed by the regulations.
12
90 Subsection 14(6)
13
Omit ", in the manner and form specified in the regulations", substitute
14
"on the NHMRC's website".
15
91 At the end of subsection 14(6)
16
Add:
17
; and (d) including the information prescribed by the regulations.
18
92 Subsection 14B(2)
19
Repeal the subsection, substitute:
20
(2) If the Council or Committee proposes to dispense with the
21
requirement for all or any of the steps set out in section 12 or 13 or
22
subsection 14A(2), the Council or Committee must publish a notice
23
on the NHMRC's website, within the period specified in the
24
regulations, that:
25
(a) states its reasons for so proposing; and
26
(b) includes the information prescribed by the regulations.
27
Schedule 1
Prescribed forms
16
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
93 Application provision
1
The amendments of the
National Health and Medical Research Council
2
Act 1992
made by this Schedule apply in relation to notices published
3
after the commencement of this item.
4
National Health Security Act 2007
5
94 Paragraph 64(2)(a)
6
Repeal the paragraph, substitute:
7
(a) must satisfy the requirements prescribed by the regulations;
8
and
9
95 Application provision
10
The amendment of the
National Health Security Act 2007
made by this
11
Schedule applies in relation to identity cards issued after the
12
commencement of this item.
13
National Measurement Act 1960
14
96 Subsection 18MB(1)
15
Omit "in the form prescribed by the regulations".
16
97 At the end of subsection 18MB(1)
17
Add:
18
; and (c) contain the information prescribed by the regulations.
19
98 Application provision
20
The amendments of the
National Measurement Act 1960
made by this
21
Schedule apply in relation to identity cards issued after the
22
commencement of this item.
23
Payment Systems and Netting Act 1998
24
99 Paragraph 8(2)(a)
25
Omit "prescribed form", substitute "form approved in an instrument
26
under subsection
(3)".
27
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
17
100 At the end of section 8
1
Add:
2
(3) The Reserve Bank may, by notifiable instrument, approve a form
3
for the purposes of paragraph (2)(a).
4
101 Paragraph 11(2)(a)
5
Omit "prescribed form",
substitute "form approved in an instrument
6
under subsection
(3)".
7
102 At the end of section 11
8
Add:
9
(3) The Reserve Bank may, by notifiable instrument, approve a form
10
for the purposes of paragraph (2)(a).
11
103 Section 17
12
Repeal the section.
13
104 Application provision
14
The amendments of the
Payment Systems and Netting Act 1998
made
15
by this Schedule apply in relation to applications made after the
16
commencement of this item.
17
Protection of Movable Cultural Heritage Act 1986
18
105 Subsection 3(1)
19
Insert:
20
approved form
, in relation to a provision of this Act, means a form
21
approved in an instrument under section 3A for the purposes of
22
that provision.
23
106 After section 3
24
Insert:
25
Schedule 1
Prescribed forms
18
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
3A Approved forms
1
The Minister may, by notifiable instrument, approve a form for the
2
purposes of a provision of this Act.
3
107 Subsection 10(2)
4
Omit "in the prescribed form, or, if no form is prescribed, the form
5
approved by the Minister", substitute "in the approved form".
6
108 Subsection 10A(3)
7
Omit "in the prescribed form, or, if no f
orm is prescribed, the form
8
approved by the Minister", substitute "in the approved form".
9
109 Subsection 11(1)
10
Omit "in the prescribed form, or if no form is prescribed, the form
11
approved by the Minister", substitute "in the approved form".
12
110 Subsection 12(2)
13
Omit "in the prescribed form or, if no form is prescribed, the form
14
approved by the Minister", substitute "in the approved form".
15
111 Subsection 12(4)
16
Omit "in the prescribed form or, if no form is prescribed, the form
17
approved by the Minister", substitute "in the approved form".
18
112 Subsection 13(3)
19
Omit "in the prescribed form, or, if no form is prescribed, the form
20
approved by the Minister", substitute "in the approved form".
21
113 Application provisions
22
(1)
The amendments of sections 10 and 10A, subsection 12(2) and
23
section 13 of the
Protection of Movable Cultural Heritage Act 1986
24
made by this Schedule apply in relation to applications made after the
25
commencement of this item.
26
(2)
The amendment of section 11 of the
Protection of Movable Cultural
27
Heritage Act 1986
made by this Schedule applies in relation to permits
28
granted after the commencement of this item.
29
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
19
(3)
The amendment of subsection 12(4) of the
Protection of Movable
1
Cultural Heritage Act 1986
made by this Schedule applies in relation to
2
certificates granted after the commencement of this item.
3
Protection of the Sea (Civil Liability) Act 1981
4
114 Paragraph 16(2)(a)
5
Omit "the prescribed form", substitute "the form approved in an
6
instrument under subsection
(2A)".
7
115 After subsection 16(2)
8
Insert:
9
(2A) The Minister may, by notifiable instrument, approve a form for the
10
purposes of paragraph (2)(a).
11
(2B) The Minister must cause the form to be published on the
12
Authority's website.
13
116 Paragraph 16(4)(a)
14
Omit "the prescribed form", substitute "the form approved in an
15
instrument under subsection
(4A)".
16
117 After subsection 16(4)
17
Insert:
18
(4A) The Minister may, by notifiable instrument, approve a form for the
19
purposes of paragraph (4)(a).
20
(4B) The Minister must cause the form to be published on the
21
Authority's website.
22
118 Application provisions
23
(1)
The amendment of paragraph 16(2)(a) of the
Protection of the Sea
24
(Civil Liability) Act 1981
made by this Schedule applies in relation to
25
applications made after the commencement of this item.
26
(2)
The amendment of paragraph 16(4)(a) of the
Protection of the Sea
27
(Civil Liability) Act 1981
made by this Schedule applies in relation to
28
certificates issued after the commencement of this item.
29
Schedule 1
Prescribed forms
20
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Regulatory Powers (Standard Provisions) Act 2014
1
119 Paragraph 35(2)(a)
2
Repeal the paragraph, substitute:
3
(a) satisfy the requirements prescribed by the regulations; and
4
120 Paragraph 76(2)(a)
5
Repeal the paragraph, substitute:
6
(a) satisfy the requirements prescribed by the regulations; and
7
121 Application provision
8
The amendments of the
Regulatory Powers (Standard Provisions) Act
9
2014
made by this Schedule apply in relation to identity cards issued
10
after the commencement of this item.
11
Renewable Energy (Electricity) Act 2000
12
122 Subsection 108(1)
13
Omit "in the form prescribed by the regulations", substitute "that
14
satisfies the requirements prescribed by the regulations".
15
123 Application provision
16
The amendment of the
Renewable Energy (Electricity) Act 2000
made
17
by this Schedule applies in relation to identity cards issued after the
18
commencement of this item.
19
Safety, Rehabilitation and Compensation Act 1988
20
124 Paragraph 102(1)(a)
21
Omit "in the prescribed form", substitute "and satisfy the requirements
22
prescribed by the regulations".
23
125 Application provision
24
The amendment of the
Safety, Rehabilitation and Compensation Act
25
1988
made by this Schedule applies in relation to applications lodged
26
after the commencement of this item.
27
Prescribed forms
Schedule 1
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
21
Trade Marks Act 1995
1
126 Paragraph 52(2)(a)
2
Omit "in the form prescribed by", substitute "in accordance with".
3
127 Paragraph 96(2)(a)
4
Omit "in the form prescribed by", substitute "in accordance with".
5
128 Subsection 136(3)
6
Repeal the subsection (not including the note), substitute:
7
(3) The claim must contain the information prescribed by the
8
regulations.
9
129 Application provisions
10
(1)
The amendments of sections 52 and 96 of the
Trade Marks Act 1995
11
made by this Schedule apply in relation to notices of opposition filed
12
after the commencement of this item.
13
(2)
The amendment of section 136 of the
Trade Marks Act 1995
made by
14
this Schedule applies in relation to claims made after the
15
commencement of this item.
16
Transport Safety Investigation Act 2003
17
130 Paragraph 29(2)(a)
18
Repeal the paragraph, substitute:
19
(a) contain the information prescribed by the regulations; and
20
131 Application provision
21
The amendment of the
Transport Safety Investigation Act 2003
made by
22
this Schedule applies in relation to identity cards issued after the
23
commencement of this item.
24
Schedule 2
References to persons with disability
22
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Schedule
2--References to persons with
1
disability
2
3
Family Law Act 1975
4
1 Paragraphs 66L(1)(b) and (2)(b) and 66VA(1)(b)
5
Omit "mental or physical".
6
2 Subsection 110(1) (at the end of paragraphs (a) and (b) of
7
the definition of
maintenance order
)
8
Add "or".
9
3 Subsection 110(1) (paragraphs (c) and (d) of the definition
10
of
maintenance order
)
11
Repeal the paragraphs, substitute:
12
(c) an order or determination (however described) with respect
13
to the maintenance of a child who has not attained the age of
14
18 years, if:
15
(i) the order or determination is expressed to continue in
16
force until a day that is later than, or for a period that
17
extends beyond, the day on which the child will attain
18
that age; and
19
(ii) the provision of maintenance for the child is necessary
20
to enable the child to complete a course of study,
21
vocational training or an apprenticeship or to continue
22
his or her education in any other way, or because the
23
child is a child with disability; or
24
(d) an order or determination (however described) with respect
25
to the maintenance of a child who has attained the age of 18
26
years, if:
27
(i) the order or determination is expressed to continue in
28
force until a day, or for a period, specified in the order
29
or determination; and
30
(ii) the provision of maintenance for the child is necessary
31
to enable the child to complete a course of study,
32
vocational training or an apprenticeship or to continue
33
References to persons with disability
Schedule 2
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
23
his or her education in any other way, or because the
1
child is a child with disability; or
2
Social Security Act 1991
3
4 Subsection 10A(2) (definition of
disadvantaged person
)
4
Repeal the definition, substitute:
5
disadvantaged person
has the same meaning as in the
Fringe
6
Benefits Tax Assessment Act 1986
.
7
5 Section 19 (definition of
handicapped person
)
8
Repeal the definition.
9
6 Subsection 23(1) (definition of
handicapped person
)
10
Repeal the definition.
11
7 Paragraph 729(2)(e)
12
Omit "physical or mental".
13
8 Subsection 1035(1)
14
After "set out in subsection
(2)", insert "of this section, the person is a
15
person with disability, the person has turned 16".
16
9 Subparagraph 1035(1)(a)(i)
17
Repeal the subparagraph.
18
10 Sub-subparagraph 1035(1)(a)(iii)(B)
19
Omit "physical or mental".
20
11 Subparagraph 1035(1)(b)(i)
21
Repeal the subparagraph.
22
12 Sub-subparagraph 1035(1)(b)(iii)(B)
23
Omit "physical or mental".
24
13 Subparagraph 1035(1)(c)(i)
25
Repeal the subparagraph.
26
Schedule 2
References to persons with disability
24
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
14 Sub-subparagraph 1035(1)(c)(iii)(B)
1
Omit "physical or mental".
2
15 Subparagraph 1035(1)(d)(i)
3
Repeal the subparagraph.
4
16 Sub-subparagraph 1035(1)(d)(ii)(B)
5
Omit "physical or mental".
6
17 Subparagraph 1035(1)(e)(i)
7
Repeal the subparagraph.
8
18 Sub-subparagraph 1035(1)(e)(ii)(B)
9
Omit "physical or mental".
10
19 Subparagraph 1035(1)(f)(i)
11
Repeal the subparagraph.
12
20 Sub-subparagraph 1035(1)(f)(ii)(B)
13
Omit "physical or mental".
14
21 Subparagraph 1035(1)(g)(i)
15
Repeal the subparagraph.
16
22 Sub-subparagraph 1035(1)(g)(ii)(B)
17
Omit "physical or mental".
18
23 Subparagraph 1035(1)(h)(i)
19
Repeal the subparagraph.
20
24 Sub-subparagraph 1035(1)(h)(iii)(B)
21
Omit "physical or mental".
22
25 Paragraph 1035A(1)(a)
23
Repeal the paragraph, substitute:
24
(a) the person is a person with disability; and
25
(aa) the person has turned 16; and
26
References to persons with disability
Schedule 2
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
25
26 Paragraph 1035A(1)(b)
1
Omit "physical or mental".
2
27 Subsection 1039AA(4)
3
Repeal the subsection, substitute:
4
(4) Subsection (1) does not apply to a person who, while in Australia,
5
becomes a person with disability who has turned 16.
6
Veterans' Entitlements Act 1986
7
28 Subsection 104(1) (table item 3)
8
Omit "Handicapped", substitute "Incapacitated".
9
29 Subsection 104(1) (table item 3)
10
Omit "handicap", substitute "incapacity".
11
30 Subsection 104(1) (table item 10)
12
Omit "Handicapped", substitute "Incapacitated".
13
31 Subsection 104(1) (table item 10)
14
Omit "handicap", substitute "incapacity".
15
Schedule 3
References to Northern Territory legislation
26
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Schedule
3--References to Northern Territory
1
legislation
2
3
Aboriginal Land Rights (Northern Territory) Act 1976
4
1 Subsection 44(2)
5
Omit "
Commercial Arbitration Act
of the Northern Territory",
6
substitute "
Commercial Arbitration (National Uniform Legislation) Act
7
2011
(NT)".
8
Fair Work Act 2009
9
2 Paragraphs 27(1A)(h) and 351(3)(h)
10
Omit "
Anti-Discrimination Act
of the Northern Territory", substitute
11
"
Anti-Discrimination Act 1992
(NT)".
12
Lands Acquisition (Northern Territory Pastoral Leases) Act
13
1981
14
3 Subsection 3(1) (paragraph (a) of the definition of
mining
15
interest
)
16
Omit "Mining Act of the Northern Territory", substitute "
Mineral Titles
17
Act 2010
(NT)".
18
Mutual Recognition Act 1992
19
4 Item 21 of Schedule 2
20
Omit "
Classification of Publications and Films Act
of the Northern
21
Territory", substitute "
Classification of Publications, Films and
22
Computer Games Act 1985
(NT)".
23
5 Item 32 of Schedule 2
24
Omit "
Ozone Protection Act
of the Northern Territory", substitute
25
"
Waste Management and Pollution Control Act 1998
(NT)".
26
References to Northern Territory legislation
Schedule 3
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
27
6 Paragraph 34(a) of Schedule 2
1
Omit "
Environment Protection (Beverage Containers and Plastic Bags)
2
Act
", substitute "
Environment Protection (Beverage Containers and
3
Plastic Bags) Act 2011
".
4
Native Title Act 1993
5
7 Paragraph 251C(3)(a)
6
Omit "
Crown Lands Act
of the Northern Territory", substitute "
Crown
7
Lands Act 1992
(NT)".
8
8 Paragraph 251C(3)(c)
9
Omit "constituted under section
29 of the
Local Government Act
of the
10
Northern Territory", substitute "within the meaning of the
Local
11
Government Act 1993
(NT)".
12
9 Subclause 44(1) of Schedule 1
13
Omit "
Special Purposes Leases Act
of the Northern Ter
ritory",
14
substitute "
Special Purposes Leases Act 1953
(NT)".
15
10 Subclause 44(2) of Schedule 1
16
Omit "
Mining (Gove Peninsula Nabalco Agreement) Act
of the
17
Northern Territory", substitute "
Mining (Gove Peninsula Nabalco
18
Agreement) Act 1968
(NT)".
19
11 Subclause 46(7) of Schedule 1
20
Omit "
Crown Lands Act
of the Northern Territory", substitute "
Crown
21
Lands Act 1992
(NT)".
22
12 Subclause 46(14) of Schedule 1
23
Omit "
Crown Lands Act
of the Northern Territory", substitute "
Crown
24
Lands Act 1992
(NT)".
25
Schedule 3
References to Northern Territory legislation
28
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1
13 Section 643 (definition of
Territory PSLA
)
2
Omit "
Petroleum (Submerged Lands) Act
of the Northern Territory",
3
substitute "
Petroleum (Submerged Lands) Act 1981
(NT)".
4
Surveillance Devices Act 2004
5
14 Subsection 6(1) (paragraph (i) of the definition of
6
preventative detention order law
)
7
Omit "
Terrorism (Emergency Powers) Act
", substitute "
Terrorism
8
(Emergency Powers) Act 2003
".
9
Telecommunications (Interception and Access) Act 1979
10
15 Subsection 5(1) (paragraph (i) of the definition of
11
preventative detention order law
)
12
Omit "
Terrorism (Emergency Powers) Act
", substitute "
Terrorism
13
(Emergency Powers) Act 2003
".
14
16 Paragraph 5D(4)(i)
15
Omit "
Criminal Code Act
of the Northern Territory", substitute
16
"
Criminal Code Act 1983
(N
T)".
17
Trans
-
Tasman Mutual Recognition Act 1997
18
17 Clause 11 of Schedule
2 (table item headed "Firearms and
19
other prohibited or offensive weapons")
20
Omit "
Firearms Act 1992
", substitute "
Firearms Act 1997
".
21
18 Clause 11 of Schedule
2 (table item headed "Fireworks")
22
Omit "
Dangerous Goods Act 1980
", substitute "
Dangerous Goods Act
23
1998
".
24
References to Northern Territory legislation
Schedule 3
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
29
19 Clause 11 of Schedule
2 (table item headed "Gas
1
appliances")
2
Omit "
Dangerous Goods Act
, to", substitute "
Dangerous Goods Act
3
1998
, to".
4
20 Clause 11 of Schedule 2 (table
item headed "Hazardous
5
substances, industrial chemicals and dangerous
6
goods")
7
Omit "
Poisons and Dangerous Drugs Act
", substitute "
Medicines,
8
Poisons and Therapeutic Goods Act 2012
".
9
21 Clause 11 of Schedule
2 (table item headed "Hazardous
10
substances, industrial chemicals and dangerous
11
goods")
12
Omit "
Dangerous Goods Act
", substitute "
Dangerous Goods Act 1998
".
13
22 Clause 11 of Schedule
2 (table item headed "Hazardous
14
substances, industrial chemicals and dangerous
15
goods")
16
Omit "
Work Health Act
", substitute "
Work Health and Safety (National
17
Uniform Legislation) Act 2011
".
18
23 Clause 11 of Schedule
2 (table item headed "Indecent
19
material")
20
Omit "
Classification of Publications and Films Act 1985
", substitute
21
"
Classification of Publications, Films and Computer Games Act 1985
".
22
24 Clause 11 of Schedule
2 (table item headed "Ozone
23
protection")
24
Omit "
Ozone Protection Act 1990
", substitute "
Waste Management and
25
Pollution Control Act 1998
".
26
25 Clause 11 of Schedule
2 (table item headed "Therapeutic
27
goods")
28
Omit "
Poisons and Dangerous Drugs Act
", substitute "
Medicines,
29
Poisons and Therapeutic Goods Act 2012
".
30
Schedule 3
References to Northern Territory legislation
30
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Uranium Royalty (Northern Territory) Act 2009
1
26 Section 3
2
Omit "
Mineral Royalty Act
of the Northern Territory", substitute
3
"
Mineral Royalty Act 1982
(NT)".
4
27 Section 4 (paragraph (a) of the definition of
Northern
5
Territory royalty law
)
6
Omit "
Mineral Royalty Act
of the Northern Territory", substitute
7
"
Mineral Royalty Act 1982
(NT)".
8
28 Section 4 (definition of
responsible Northern Territory
9
Minister
)
10
Omit "
Mineral Royalty Act
of the Northern Territory", substitute
11
"
Mineral Royalty Act 1982
(NT)".
12
29 Subsection 6(1) (table, heading to column headed
13
"Provision(s) of the
Mineral Royalty Act
of the Northern
14
Territory")
15
Omit "
Mineral Royalty Act
of the Northern Territory
", substitute
16
"
Mineral Royalty Act 1982
(NT)
".
17
30 Subsection 6(1) (table item 3, column headed
18
"Modification(s)")
19
Omit "
Mineral Royalty Act
of the Northern Territory", substitute
20
"
Mineral Royalty Act 1982
(NT)".
21
Work Health and Safety Act 2011
22
31 Section 4 (paragraph (h) of the definition of
corresponding
23
WHS law
)
24
Omit "
Work Health and Safety (National Uniform Legislation) Act
of
25
the Northern Territory", substitute "
Work Health and Safety (National
26
Uniform Legislation) Act 2011
(NT)".
27
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
31
Schedule
4--Other amendments of principal
1
Acts
2
3
Air Navigation Act 1920
4
1 Subsection 15A(8) (note)
5
Repeal the note.
6
Airports Act 1996
7
2 Paragraph 76(1A)(b)
8
Omit "specify", substitute "must specify".
9
A New Tax System (Family Assistance) Act 1999
10
3 Subsection 3(1) (definition of
percentage range
) (the
11
definition of
percentage range
inserted by item 9 of
12
Schedule 2 to the
Child Support and Family Assistance
13
Legislation Amendment (Budget and Other Measures)
14
Act 2010
)
15
Repeal the definition.
16
Anti
-
Money Laundering and Counter
-
Terrorism Financing
17
Act 2006
18
4 Subsection 184(1B)
19
Omit "the AUSTRAC CEO", substitute "an authorised officer".
20
5 Subsection 184(1C)
21
Omit "The AUSTRAC CEO", substitute "An authorised officer".
22
6 Subsection 184(1C)
23
Omit "AUSTRAC CEO" (second occurring), substitute "authorised
24
officer".
25
Schedule 4
Other amendments of principal Acts
32
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
7 Paragraph 184(1C)(d)
1
Omit "AUSTRAC CEO", substitute "authorised officer".
2
Australian Communications and Media Authority Act 2005
3
8 Subparagraph 10(1)(o)(ii)
4
Omit "or Schedule
5 or 7".
5
Australian Postal Corporation Act 1989
6
9 Paragraph 90J(6)(ca)
7
Repeal the paragraph, substitute:
8
(ca) the
Independent Commission Against Corruption Act 2012
9
(SA); or
10
10 Paragraph 90LC(5)(ca)
11
Repeal the paragraph, substitute:
12
(ca) the
Independent Commission Against Corruption Act 2012
13
(SA); or
14
Commonwealth Electoral Act 1918
15
11 Subsection 194(1B) (the subsection (1B) inserted by
16
item 13 of Schedule 1 to the
Electoral Legislation
17
Amendment (Contingency Measures) Act 2021
)
18
Repeal the subsection.
19
12 After subsection 194(1C)
20
Insert:
21
(1D) Despite paragraphs (1)(d), (da), (db) and (f), if the postal vote
22
certificate is not printed on the envelope but the postal vote
23
certificate is to be placed in the envelope:
24
(a) the requirement referred to in paragraph (1)(d) for the person
25
voting to fasten the envelope after placing the ballot paper in
26
the envelope does not apply; and
27
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
33
(b) the person voting, or a person acting on behalf of that person
1
under paragraph (1)(f), must declare, on the postal vote
2
certificate, that, subject to paragraph (a) of this subsection,
3
the requirements referred to in paragraphs (1)(a), (b) and (d)
4
were satisfied before the close of the poll; and
5
(c) the authorised witness must declare, on the postal vote
6
certificate, that the requirements referred to in
7
paragraphs (1)(a) to (c) were satisfied before the close of the
8
poll; and
9
(d) the person voting, or a person acting on behalf of that person
10
under paragraph (1)(f), must, in the presence of the
11
authorised witness, place the postal vote certificate in the
12
envelope and fasten the envelope.
13
13 Form DB of Schedule 1 (before the heading)
14
Insert:
15
Definition of
qualification checklist
in subsection 4(1); paragraph 170(1)(d)
16
Customs Act 1901
17
14 Section 153XC
18
Omit "
Singaporean originating goods
", substitute "Singaporean
19
originating
goods".
20
15 Section 153Y
21
Omit "
US originating goods
", substitute "US originating goods".
22
16 Section 153Z
23
Omit "
Thai originating goods
", substitute "Thai originating goods".
24
17 Section 153ZIA
25
Omit "
New Zealand originating goods
", substitute "New Zealand
26
o
riginating goods".
27
18 Section 153ZJA
28
Omit "
Chilean originating goods
", substitute "Chilean originating
29
goods".
30
Schedule 4
Other amendments of principal Acts
34
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
19 Section 153ZKA
1
Omit "
AANZ originating goods
", substitute "AANZ originating
2
goods".
3
20 Section 153ZLA
4
Omit "
Malaysian originating goods
", substitute "Malaysian originating
5
goods".
6
21 Section 153ZLJA
7
Omit "
Indonesian originating goods
", substitute "Indonesian
8
originating goods".
9
22 Section 153ZMA
10
Omit "
Korean originating goods
", substitute "Korean originating
11
goods".
12
23 Section 153ZNA
13
Omit "
Japanese originating goods
", substitute "Japanese originating
14
goods".
15
24 Section 153ZPA
16
Omit "
Hong Kong originating goods
", substitute "Hong Kong
17
originating goods".
18
Data Availability and Transparency Act 2022
19
25 Paragraph 14(4)(d)
20
After "and the individual", insert "or body corporate".
21
26 Application provision
22
The amendment of paragraph 14(4)(d) of the
Data Availability and
23
Transparency Act 2022
made by this Part applies in relation to a use of
24
data that occurs on or after the commencement of this item.
25
27 Subsection 34(1)
26
Omit "subsection
(5)", substitute "subsection
(4)".
27
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
35
28 Paragraph 122(b)
1
Repeal the paragraph, substitute:
2
(b) the decision has been affirmed under paragraph 120(1)(a);
3
(c) the decision has been varied under paragraph 120(1)(b);
4
(d) the decision was made in substitution for another decision
5
under paragraph 120(1)(c).
6
Disability Discrimination Act 1992
7
29 Paragraph 9(2)(a)
8
Omit "persons", substitute "person".
9
Export Control Act 2020
10
30 Section 12 (definition of
Federal Circuit Court
)
11
Repeal the definition.
12
31 Section 12 (paragraph (c) of the definition of
issuing
13
officer
)
14
Omit "Federal Circuit Court", substitute "Federal Circuit and Family
15
Court of Australia (Division
2)".
16
32 Section 12 (paragraph (b) of the definition of
relevant
17
court
)
18
Omit "Federal Circuit Court", substitute "Federal Circuit and Family
19
Court of Australia (Division
2)".
20
Fair Work Act 2009
21
33 After section 789GC
22
Insert:
23
789GCA When employer qualifies for the jobkeeper scheme
24
For the purposes of this Part, an employer qualifies for the
25
jobkeeper scheme at a time if, under the jobkeeper payment rules,
26
Schedule 4
Other amendments of principal Acts
36
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
the employer qualifies for the jobkeeper scheme for the fortnight in
1
which the time occurs.
2
34 Section 789GCA
3
Repeal the section.
4
35 Subclauses 48(5) and (6) of Schedule 1
5
Omit "(2)", substitute "(3)".
6
36 Subclause 49(1) of Schedule 1
7
Omit "section" (wherever occurring), substitute "clause".
8
37 Clauses 49A and 50 of Schedule 1
9
Omit "this section", substitute "this clause".
10
Fair Work (Registered Organisations) Act 2009
11
38 Section 6 (paragraph (d) of the definition of
authorised
12
official
)
13
Repeal the paragraph.
14
39 Subdivision BB of Division 4 of Part 2 of Chapter 5
15
Repeal the Subdivision.
16
40 Paragraph 337BB(4)(d)
17
Repeal the paragraph.
18
Family Law Act 1975
19
41 Section 59 (heading)
20
Repeal the heading, substitute:
21
59 Remarriage
22
42 Subsection 61C(2)
23
Omit "re
-
marrying", substitute "remarrying".
24
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
37
43 Section 71 (definition of
re-marriage
)
1
Repeal the definition, substitute:
2
remarriage
, in relation to a person who was a party to a purported
3
marriage that is void, means marriage.
4
44 Subsections 82(4) and (6)
5
Omit "re
-
marriage" (wherever occurring), substitute "remarriage".
6
45 Subsection 104(9)
7
Omit "re
-
marry", substitute "remarry".
8
Federal Circuit and Family Court of Australia Act 2021
9
46 Section 156
10
Omit "Federal Circuit Court", substitute "Federal Circuit".
11
47 Section 156 (note 1)
12
Omit "Federal Circuit Court", substitute "Federal Circuit".
13
48 Subsection 191(3) (note)
14
Omit "section
149", substitute "section
117".
15
49 Section 228
16
Omit "Federal Circuit Court", substitute "Federal Circuit".
17
Federal Safety Commissioner Act 2022
18
50 Subsections 39(4) and 120(3)
19
Omit "
Legislative Instruments Act 2003
", substitute "
Legislation Act
20
2003
".
21
Foreign Influence Transparency Scheme Act 2018
22
51 Section 44 (heading)
23
Omit "
in the register
", substitute "
on the register
".
24
Schedule 4
Other amendments of principal Acts
38
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Higher Education Support Act 2003
1
52 Section 104-42 (heading)
2
Omit "
FEE-HELP balance
", substitute "
HELP balance
".
3
My Health Records Act 2012
4
53 Subsection 69A(4)
5
Omit "it", substitute "the System Operator".
6
National Anti
-
Corruption Commission Act 2022
7
54 Section 7 (after the heading)
8
Insert:
9
In this Act:
10
National Disability Insurance Scheme Act 2013
11
55 Subsection 209(8) (table item 4, column headed
12
"Description", par
agraph (m))
13
Omit "73W(b)", substitute "73W(b);".
14
National Vocational Education and Training Regulator Act
15
2011
16
56 Subsection 160(1)
17
Before "Regulator's powers", insert "the".
18
57 Paragraph 169(1)(b)
19
Before "National VET Regulator", insert "the".
20
58 Subsection 171(2)
21
Before "Regulator's powers", insert "the".
22
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
39
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1
59 Subparagraphs 590A(3)(b)(ii) and 596A(7)(b)(ii)
2
Omit "Federal Circuit Court", substitute "Federal Circuit and Family
3
Court of Australia (Division
2)".
4
Radiocommunications Act 1992
5
60 Subparagraph 27(1)(ba)(iii)
6
Repeal the subparagraph, substitute:
7
(iii) the Independent Commission Against Corruption of
8
South Australia; or
9
Seafarers Rehabilitation and Compensation Act 1992
10
61 Subsection 66(1)
11
Omit "notice of claim", substitute "notice or claim".
12
Security of Critical Infrastructure Act 2018
13
62 Subsections 49(3A) and (3B)
14
Omit "authorised applicant", substitute "authorised person".
15
Space (Launches and Returns) Act 2018
16
63 Subsection 31(1) (paragraph (a) of the penalty)
17
Omit "year", substitute "years".
18
64 Subsection 41(1) (paragraph (a) of the penalty)
19
Omit "year", substitute "years".
20
Sydney Airport Curfew Act 1995
21
65 Section 3
22
Insert:
23
Schedule 4
Other amendments of principal Acts
40
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
international airline licence
means an international airline licence
1
granted as mentioned in subsection 12(1) of the
Air Navigation Act
2
1920
.
3
66 Section 3
4
Insert:
5
noise certificate
has the meaning given by the regulations.
6
67 Paragraph 12(1)(a)
7
Omit "granted under the Air Navigation Regulations".
8
68 Paragraph 12(2)(a)
9
Omit "approved under the Air Navigation Regulations", substitute
10
"prescribed by the regulations".
11
69 Paragraph 12(2)(b)
12
Omit "if the take
-off or landing is after the time on the day specified
13
under subsection (3)
--".
14
70 Paragraph 12(2)(c)
15
Repeal the paragraph.
16
71 Subsection 12(3)
17
Repeal the subsection.
18
72 Subsection 12(4)
19
Omit "granted under the Air Navigation Regulations".
20
73 Paragraph 15(4)(b)
21
Omit "within the meaning of the Air Navigation (Aircraft Noise)
22
Regulations".
23
74 Subsection 15(7)
24
Repeal the subsection.
25
Other amendments of principal Acts
Schedule 4
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
41
75 Transitional provision
1
(1)
A reference in the
Sydney Airport Curfew Act 1995
to a noise certificate
2
is taken to be a reference to a noise certificate within the meaning of the
3
Air Navigation (Aircraft Noise) Regulations 2018
.
4
(2)
Subitem (1) of this item ceases to have effect on the commencement of
5
the first regulations made for the purposes of the definition of
noise
6
certificate
in section 3 of the
Sydney Airport Curfew Act 1995
.
7
(3)
A reference in paragraph 12(2)(a) of the
Sydney Airport Curfew Act
8
1995
, as amended by this Schedule, to a timetable prescribed by the
9
regulations is taken to be a reference to a timetable that is approved
10
under Part 5 of the
Air Navigation Regulation 2016
.
11
(4)
Subitem (3) of this item ceases to have effect on the commencement of
12
the first regulations made for the purposes of paragraph 12(2)(a) of the
13
Sydney Airport Curfew Act 1995
, as amended by this Schedule.
14
Trade Marks Act 1995
15
76 Readers guide (list of terms defined in section 6)
16
Insert "PPSA security interest".
17
77 Readers guide (list of terms defined in section 6)
18
Insert "World Trade Organization".
19
Schedule 5
Repeals of obsolete Acts and spent provisions
Part 1
Repeals of obsolete Acts
42
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Schedule
5--Repeals of obsolete Acts and
1
spent provisions
2
Part
1--Repeals of obsolete Acts
3
Division 1
--
Repeals
4
Evidence Act 1905
5
1 The whole of the Act
6
Repeal the Act.
7
Migration (Health Services) Charge Act 1991
8
2 The whole of the Act
9
Repeal the Act.
10
Wool International Act 1993
11
3 The whole of the Act
12
Repeal the Act.
13
Wool International Privatisation Act 1999
14
4 The whole of the Act
15
Repeal the Act.
16
Division 2
--
Consequential amendments
17
Migration Act 1958
18
5 Paragraph 504(1)(h)
19
Repeal the paragraph.
20
Repeals of obsolete Acts and spent provisions
Schedule 5
Repeals of spent provisions
Part 2
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
43
Part
2--Repeals of spent provisions
1
Agricultural and Veterinary Chemicals (Administration) Act
2
1992
3
6 Part 9
4
Repeal the Part.
5
Australian Capital Territory Government Service
6
(Consequential Provisions) Act 1994
7
7 Part 4
8
Repeal the Part.
9
8 Sections 22, 23 and 27
10
Repeal the sections.
11
9 Schedules 1, 2 and 3
12
Repeal the Schedules.
13
Health Insurance Act 1973
14
10 Subsection 3AA(6)
15
Repeal the subsection.
16
Health Insurance Commission (Reform and Separation of
17
Functions) Act 1997
18
11 Division 2 of Part 2
19
Repeal the Division.
20
Schedule 5
Repeals of obsolete Acts and spent provisions
Part 2
Repeals of spent provisions
44
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Long Service Leave (Commonwealth Employees) Act 1976
1
12 Section 24A
2
Repeal the section.
3
Patents Act 1990
4
13 Section 144
5
Repeal the section.
6
14 Subsection 145(2)
7
Repeal the subsection, substitute:
8
(2) Subsection (1):
9
(a) applies despite anything to the contrary in that contract or in
10
any other contract; and
11
(b) does not affect any right that a person has, apart from that
12
subsection, to terminate a contract.
13
15 Section 146
14
Repeal the section.
15
Privacy Act 1988
16
16 Subsection 36(4)
17
Repeal the subsection, substitute:
18
(4) It is the duty of members of the staff of the Commissioner to
19
provide appropriate assistance to a person who:
20
(a) wishes to make a complaint; and
21
(b) requires assistance to formulate the complaint.
22
Social Security Act 1991
23
17 Paragraph 8(8)(e)
24
Repeal the paragraph.
25
Repeals of obsolete Acts and spent provisions
Schedule 5
Repeals of spent provisions
Part 2
No. , 2023
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
45
18 Divisions 12A and 14 of Part 2.13A
1
Repeal the Divisions.
2
19 Paragraph 1223ABAAB(2)(e)
3
Omit "benefit; and", substitute "benefit.".
4
20 Paragraph 1223ABAAB(2)(h)
5
Repeal the paragraph.
6
21 Application provision
7
The repeal of paragraph 1223ABAAB(2)(h) of the
Social Security Act
8
1991
made by this Schedule does not apply in relation to a
9
determination made under Part 3 of the Administration Act before the
10
commencement of this item.
11
Special Broadcasting Service Act 1991
12
22 Section 53
13
Repeal the section.
14
23 Paragraph 58(1)(b)
15
Omit "53 or".
16
Trade Representatives Act 1933
17
24 Section 11B
18
Repeal the section.
19
Veterans' Entitlements Act 1986
20
25 Paragraph 5H(8)(l)
21
Repeal the paragraph.
22
Schedule 6
Amendments of amending Acts
46
Statute Law Amendment (Prescribed Forms and Other Updates) Bill
2023
No. , 2023
Schedule
6--Amendments of amending Acts
1
2
Acts and Instruments (Framework Reform) Act 2015
3
1 Subitem 169(2) of Schedule 1
4
After "the commencement", insert "of".
5
Family Assistance Legislation Amendment (Jobs for
6
Families Child Care Package) Act 2017
7
2 Item 110 of Schedule 1
8
Repeal the item.
9
Migration and Maritime Powers Legislation Amendment
10
(Resolving the Asylum Legacy Caseload) Act 2014
11
3 Item 11 of Schedule 4
12
Repeal the item.
13
Social Security Legislation Amendment (Youth Allowance
14
Consequential and Related Measures) Act 1998
15
4 Item 21 of Schedule 2
16
Repeal the item.
17