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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
STATUTE LAW AMENDMENT (PRESCRIBED FORMS) BILL 2021
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Attorney-General, Senator the Honourable Michaelia Cash)
STATUTE LAW AMENDMENT (PRESCRIBED FORMS) BILL 2021
GENERAL OUTLINE
Many provisions across the statute book provide for forms to be prescribed by regulations.
Those forms then impose requirements for things to occur, such as information to be
provided. In the past, providing for forms to be prescribed by regulations was a standard,
formulaic response to the question of how information to be provided to administrators
should be specified and the form in which it should be provided. This resulted in many
regulations being made to prescribe forms. Before minor updates or significant improvements
could be made to those forms, further regulations needed to be made.
As a result of this limitation, when drafting modern legislation careful consideration has been
given to whether each specific form must be prescribed or whether the situation might be
dealt with using another approach.
Modern legislation has been drafted on the understanding that it is still sometimes important
to provide for the form to be prescribed by (or set out in) an Act or regulations. This is
especially the case if:
• the form is for a warrant, summons, oath or affirmation or examination notice; or
• the context involves the courts, military discipline or the investigation of offences; or
• the form is under Corporations legislation, family law, Fair Work legislation, a
Commonwealth-State scheme or legislation relying on a referral of power.
In other contexts it is instead appropriate that the form should be approved by a specified
person or body, by notifiable instrument. As notifiable instruments must be registered on the
Federal Register of Legislation, this is consistent with the view of the Attorney-General's
Department that prescribed or approved forms should appear in a central location, i.e. on the
Federal Register of Legislation.
In addition to providing for a prescribed or approved form to be prescribed by an Act,
regulations or a notifiable instrument, legislation sometimes specifies that the form must be
published on a particular website. (Of course, the form could be published on a website
without this being mentioned in legislation.)
In other cases the use of a form itself is not important. However, the mandating of
requirements is important. In those cases the Act mandates requirements or empowers
regulations to directly mandate the requirements themselves rather than requiring a particular
form that covers the requirements to be used.
The main purpose of this Bill is to reduce the number of provisions on the statute book that
require the use of forms that are prescribed by regulations. In keeping with modern drafting
practices, the amendments in Schedule 1 amend many provisions that require forms to be
prescribed by regulations and replaces them with these more modern approaches.
The effect of these amendments will be that well targeted requirements will apply, taking into
account the best modern practices available in the relevant circumstances. The effect and
impact will be that there is still oversight of the information to be provided while enabling
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there to be flexibility as to how to provide it and for there to be an agile response to the need
for updating and improving forms.
If the substance of the requirements are of vital importance but the form they are met in is not
important, the Act may empower regulations to directly mandate the requirements
themselves.
This Bill also contains amendments to make associated minor consequential and technical
amendments to the statute law of the Commonwealth to support the operation of the amended
provisions. For example, application provisions are included to clarify when the requirement
to use the prescribed forms ceases.
The amendments will enhance administration and promote consistency across the
Commonwealth statute book. The amendments are minor in nature. The amendments either
make no change or only minor changes to the substance of the law.
FINANCIAL IMPACT STATEMENT
This Bill will have no financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Statute Law Amendment (Prescribed Forms) Bill 2021
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
Many provisions across the statute book provide for forms to be prescribed by regulations.
Those forms then impose requirements for things to occur, such as information to be
provided.
The main purpose of this Bill is to reduce the number of these provisions that require the use
of forms that are prescribed by regulations.
In keeping with modern drafting practices, the amendments in Schedule 1 amend provisions
to replace forms prescribed by regulations with other approaches, such as:
• empowering regulations to directly mandate the requirements themselves; and
• empowering Ministers and other senior decision-makers to approve forms via notifiable
instruments.
Being able to use a range of approaches facilitates well targeted regulation.
If the substance of the requirements are of vital importance but the form they are met in is not
important, the Act may empower regulations to directly mandate the requirements
themselves.
If the form of information is important, but it is also important to enable it to be updated
quickly, then a person can be empowered to approve a form. Such forms will be notifiable
instruments, which are available on the Federal Register of Legislation. In some cases they
may also be published by other means.
This Bill also contains amendments to make associated minor consequential and technical
amendments to the statute law of the Commonwealth to support the operation of the amended
provisions. For example, application provisions are included to clarify when the requirement
to use the prescribed forms ceases.
The amendments will enhance administration and promote consistency across the
Commonwealth statute book. The amendments are minor in nature. The amendments either
make no change or only minor changes to the substance of the law.
Human rights implications
This Bill does not engage any human rights issues as it makes minor improvements to the
statute book. It relates to the form in which existing requirements are imposed and does not
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alter the requirements imposed themselves. It makes either no change or only minor changes
to the substance of the law.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
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Notes on clauses
Clause 1--Short title
1 Clause 1 provides for the short title of the Act to be the Statute Law Amendment
(Prescribed Forms) Act 2021.
Clause 2--Commencement
2 Subclause 2(1) provides that each provision of the Act specified in column 1 of the
table set out in the subclause commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect according to its terms.
3 Item 1 of the table in subclause 2(1) provides that sections 1 to 3 and anything in the
Act not elsewhere covered by the table commence on the day the Act receives the Royal
Assent.
4 Item 2 of the table in subclause 2(1) provides that items 1 to 55 of Schedule 1
commence on 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 the Act receives the Royal
Assent, they are to commence on the day after the end of that period. Providing for this type
of commencement will enable associated changes being made to the regulations to commence
at the same time. This commencement is in keeping with current Commonwealth drafting
practice, which is to avoid retrospective commencements where practicable and provide that
periods allowing for Proclamation should be capped.
5 Item 3 of the table in subclause 2(1) provides that item 56 of Schedule 1 commences
on the later of immediately after the commencement of the provisions covered by item 2 of
that table or immediately after the commencement of Part 3 of Schedule 7 to the Designs
Amendment (Advisory Council on Intellectual Property Response) Act 2021.
6 Item 4 of the table in subclause 2(1) provides that items 57 to 167 of Schedule 1
commence at the same time as the provisions covered by item 2 of that table.
7 The note at the end of the table explains that the table relates only to the provisions of
the Act as originally enacted. The table will not be amended to deal with any later
amendments of the Act.
8 Subclause 2(2) provides that any information in column 3 of the table is not part of
the Act. It also clarifies that information may be inserted in column 3, or information in it
may be edited, in any published version of the Act.
Clause 3--Schedules
9 Clause 3 provides that legislation specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the Schedule and any other item in a Schedule
has effect according to its terms. This is a technical provision to give operational effect to the
amendments contained in the Schedules.
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Schedule 1--Amendments
10 In keeping with modern drafting practices, the amendments in Schedule 1 amend
provisions to replace forms prescribed by regulations with other approaches, such as:
• empowering regulations to directly mandate the requirements themselves; and
• empowering Ministers and other senior decision-makers to approve forms via notifiable
instruments.
11 The Schedule also contains amendments to make associated minor consequential and
technical amendments to the statute law of the Commonwealth to support the operation of the
amended provisions. For example, application provisions are included to clarify when the
requirement to use the prescribed forms ceases.
Items 1 to 3
12 Items 1 to 3 are related.
13 Items 1 and 2 amend section 17 of the Aboriginal and Torres Strait Islander Heritage
Protection Act 1984. Subsection 17(2) of that Act provides that "The Minister shall cause to
be issued to each authorized officer an identity card in the form prescribed, containing a
photograph of the officer." Item 1 amends the subsection to provide that the form of the
identity card will instead be a form approved in an instrument under proposed new subsection
17(2A). Item 2 inserts proposed new subsection 17(2A), providing that the Minister may, by
notifiable instrument, approve the form.
14 Item 3 is an application provision, which provides that the amendments apply in
relation to identity cards issued after the commencement of that item.
Item 4
15 Item 4 amends the definition of approved form in section 69EAA of the Agricultural
and Veterinary Chemicals (Administration) Act 1992, which provides that in Division 2 of
Part 7A of that Act, an approved form means a form approved by the Secretary or prescribed
by the regulations. Currently no approved forms are prescribed. Item 4 omits "or prescribed
by the regulations" so that all the approved forms would be approved by the Secretary.
Items 5 and 6
16 Items 5 and 6 are related.
17 Item 5 amends subsection 142(5) of the Airports Act 1996, which provides that the
auditor must, for the purposes of Division 3 of Part 7, give companies certificates relating to
the accounts and statements, which must be given within the prescribed period after the
accounting period and be in the prescribed form. Item 5 amends subsection 142(5) to require
certificates to contain the information prescribed by the regulations.
18 Item 6 is an application provision, which provides that the amendment made by item
5 applies in relation to certificates given after the commencement of item 6.
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Items 7 to 9
19 Items 7 to 9 are related.
20 Items 7 and 8 amend section 62 of the Australian Radiation Protection and Nuclear
Safety Act 1998. Subsection 62(3) of that Act provides that the CEO must issue an identity
card to an inspector in the form prescribed by the regulations. Item 7 amends the subsection
to provide that the identity card must be in the form approved in an instrument under
proposed new subsection 62(3A). Item 8 inserts proposed new subsection 62(3A), providing
that the CEO may, by notifiable instrument, approve the form.
21 Item 9 is an application provision, which provides that the amendments apply in
relation to identity cards issued after the commencement of that item.
Items 10 to 12
22 Items 10 to 12 are related.
23 Item 10 amends subsection 38(1) of the Australian Security Intelligence Organisation
Act 1979, which provides that if an adverse or qualified security assessment in respect of a
person is given by ASIO to a Commonwealth agency or a State or an authority of a State, it
must, within 14 days after the day on which the assessment is given, give to the person a
notice in writing, to which a copy of the assessment is attached, informing the person of the
making of the assessment and containing information, in the prescribed form, concerning the
person's right to apply to the Tribunal under this Part IV of the Act. Item 10 amends
subsection 38(1) to enable the notice to be in any form as long as it contains the information
prescribed by the regulations.
24 Item 11 amends subsection 38A(2) of the Australian Security Intelligence
Organisation Act 1979, which relates to adverse or qualified security assessments that relate
to the Telecommunications Act 1997 or directions under the Security of Critical
Infrastructure Act 2018. Subsection 38A(2) provides that within 14 days after receiving such
an assessment, the Minister must give to the assessed person a notice in writing, to which a
copy of the assessment is attached, informing the assessed person of the making of the
assessment and containing information, in the form prescribed for the purposes of
subsection 38(1), concerning his or her right to apply to the Tribunal under Part IV of the
Act. Item 11 amends subsection 38A(2) to enable the notice to be in any form as long as it
contains the information prescribed by the regulations.
25 Item 12 is an application provision, which provides that the amendments made by
items 10 and 11 apply in relation to notices given after the commencement of item 12.
Item 13 and 14
26 Items 13 and 14 are related.
27 Item 14 repeals subsection 69(3A) of the Banking Act 1959. Section 69 of the Act
concerns unclaimed money. Authorised deposit-taking institutions (ADIs) are required to
give the Treasurer a statement, complying with subsection 69(4) and any regulations under
subsection (3A), of all sums of unclaimed moneys of not less than $100 (or such other
amount as is prescribed) as at the end of the year, other than unclaimed moneys held in
specified ways. Under subsection 69(3AA) an ADI may commit an offence if it doesn't give
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the Treasurer a statement as required by subsection (3). Subsection 69(3A) provides that the
regulations may require the statement to be delivered in a specified form in a specified kind
of disk, tape, film or other medium. Currently no regulations are made under subsection
69(3A). Item 14 repeals subsection 69(3A) with the effect that no such regulations will be
made.
28 Item 13 is a consequential amendment, amending subsection 69(3) of the Banking Act
1959 to remove the reference to regulations under subsection (3A).
Items 15 and 16
29 Items 15 and 16 are related.
30 Item 15 amends section 634 of the Biosecurity Act 2015. That section concerns claims
for, and amounts, of compensation. Paragraph 634(4)(a) of that Act has the effect that a claim
for compensation must, if a form is prescribed by the regulations, be in that form. Currently
no form is prescribed. Item 15 repeals and substitutes subsection 634(4) to require claims to
be in a form approved in an instrument under proposed new subsection 634(4A) and to be
accompanied by the documents (if any) prescribed by the regulations. Item 15 also substitutes
new subsection 634(4A), providing that the Director of Biosecurity may, by notifiable
instrument, approve the form.
31 Item 16 is an application provision, which provides that the amendment made by item
15 applies in relation to claims made after the commencement of item 16.
Items 17 and 18
32 Items 17 and 18 are related.
33 Item 17 amends paragraph 35(2)(a) of the Building Energy Efficiency Disclosure Act
2010, which has the effect that an identity card issued to an auditor by the Secretary must be
in the form prescribed by the regulations. Item 17 repeals and substitutes that paragraph to
enable identity cards to be in any form as long as they satisfy the requirements prescribed by
the regulations.
34 Item 18 is an application provision, which provides that the amendment made by item
17 applies in relation to identity cards issued after the commencement of item 18.
Items 19 to 21
35 Items 19 to 21 are related.
36 Items 19 and 20 amend section 76 of the Carbon Credits (Carbon Farming Initiative)
Act 2011, which is about offsets reports. Item 19 amends paragraphs 76(4)(a), (b) and (d) of
the Act, which provide that an offsets report about a project for a reporting period must be
given in the manner and form prescribed by the regulations or the legislative rules, set out the
information specified in the regulations or the legislative rules and be accompanied by such
other documents (if any) as are specified in the regulations or the legislative rules. Currently
the regulations do not prescribe or specify these matters but the legislative rules do. Item 19
amends those paragraphs to ensure that these matters are only prescribed or specified by the
legislative rules.
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37 Item 20 is a consequential amendment of subsections 76(9) and (10) of the Carbon
Credits (Carbon Farming Initiative) Act 2011 to remove the redundant references to
regulations as a result of item 19.
38 Item 21 amends paragraph 197(2)(a) of the Carbon Credits (Carbon Farming
Initiative) Act 2011, which has the effect that an identity card issued to an inspector by the
Regulator must be in the form prescribed by the regulations or the legislative rules. Currently
the form is prescribed by the legislative rules and not the regulations. Item 21 amends that
paragraph to ensure that the form is only prescribed by the legislative rules. Paragraph
197(2)(b) is unamended and will continue to provide that identity cards contain a recent
photograph of the inspector.
Items 22 to 34
39 Items 22 to 34 are related.
40 Item 22 amends subsection 10.26(1) of the Competition and Consumer Act 2010,
which has the effect that an application for the provisional registration of a conference
agreement must be in the appropriate prescribed form, made to the Registrar in accordance
with the regulations and accompanied by the appropriate prescribed fee. Item 22 repeals and
substitutes subsection 10.26(1) to omit the requirement that the agreement be in the
appropriate prescribed form while keeping the requirements that the agreement be made to
the Registrar in accordance with the regulations and accompanied by the appropriate
prescribed fee. Item 22 moves to the Act key matters currently guaranteed by the regulations,
such as requiring the application to be in writing, requiring the application to contain the
information prescribed by the regulations, requiring the application to be signed and dated by
the applicants and requiring the application to be accompanied by the documents (if any)
prescribed by the regulations.
41 Subitem 34(1) is an application provision, which provides that the amendment made
by item 22 applies in relation to applications made after the commencement of item 34.
42 Item 23 amends subsection 10.31(1) of the Competition and Consumer Act 2010,
which has the effect that an application for the final registration of a conference agreement
must be in the appropriate prescribed form, made to the Registrar in accordance with the
regulations and accompanied by the appropriate prescribed fee. Item 23 repeals and
substitutes subsection 10.31(1) to omit the requirement that the agreement be in the
appropriate prescribed form while keeping the requirements that the agreement be made to
the Registrar in accordance with the regulations and accompanied by the appropriate
prescribed fee. Item 23 moves to the Act key matters currently guaranteed by the regulations,
such as requiring the application to be in writing, requiring the application to contain the
information prescribed by the regulations, requiring the application to be signed and dated by
the applicants and requiring the application to be accompanied by the documents (if any)
prescribed by the regulations.
43 Subitem 34(1) is an application provision, which provides that the amendment made
by item 23 applies in relation to applications made after the commencement of item 34.
44 Item 24 amends subsection 10.35(2) of the Competition and Consumer Act 2010,
which has the effect that an abstract to accompany a request for confidentiality must be in the
appropriate prescribed form and comply with any regulations requiring its verification (in
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whole or part) by or on behalf of the applicants. Item 24 repeals and substitutes subsection
10.35(2) to omit the requirement that the abstract must be in the appropriate prescribed form
and replacing it with a requirement that the abstract satisfy the requirements (if any)
prescribed by the regulations, while keeping the requirement that the abstract comply with
any regulations requiring its verification (in whole or part) by or on behalf of the applicants.
Item 24 moves to the Act key matters currently guaranteed by the regulations, such as
requiring the abstract to include the title of the conference agreement, to include the names of
the applicants and to be signed and dated by the applicants.
45 Subitem 34(2) is an application provision, which provides that the amendment made
by item 24 applies in relation to abstracts given after the commencement of item 34.
46 Item 25 amends subsection 10.40(2) of the Competition and Consumer Act 2010,
which has the effect that the notice giving notification of the happening of affecting events
prior to final registration etc. must be in the appropriate prescribed form and given to the
Registrar in accordance with the regulations. Item 25 repeals and substitutes subsection
10.40(2) to omit the requirement that the notice must be in the appropriate prescribed form
and replacing it with a requirement that the notice must contain the information prescribed by
the regulations, while keeping the requirement that it be given to the Registrar in accordance
with the regulations. Item 25 moves to the Act key matters currently guaranteed by the
regulations, such as requiring the notice to be in writing and signed and dated by the parties
to the agreement.
47 Subitem 34(3) is an application provision, which provides that the amendment made
by item 25 applies in relation to notices given after the commencement of item 34.
48 Item 26 amends subsection 10.43(2) of the Competition and Consumer Act 2010,
which has the effect that the notice giving notification by parties to registered conference
agreements of the happening of affecting events etc. must be in the appropriate prescribed
form and given to the Registrar in accordance with the regulations within 30 days after the
operation, or proposed operation, of the agreement is affected, the services are affected or the
agreement is made or arrived at, as the case may be. Item 26 repeals and substitutes
subsection 10.43(2) to omit the requirement that the notice must be in the appropriate
prescribed form and replacing it with a requirement that the notice must contain the
information prescribed by the regulations. That item also omits the requirement that the
notice must be given to the Registrar in accordance with the regulations within 30 days after
the operation, or proposed operation, of the agreement is affected, the services are affected or
the agreement is made or arrived at, as the case may be, while replacing it with a requirement
that the notice be given to the Registrar in accordance with the regulations. Item 26 moves to
the Act key matters currently guaranteed by the regulations, such as requiring the notice to be
in writing and signed and dated by the parties to the agreement.
49 Subitem 34(3) is an application provision, which provides that the amendment made
by item 26 applies in relation to notices given after the commencement of item 34.
50 Item 27 amends subsection 10.49(2) of the Competition and Consumer Act 2010,
which has the effect that if the parties to a registered conference agreement offer to give an
undertaking to do, or not to do, a specified act or thing, the offer must be in the appropriate
prescribed form and made to the Minister in accordance with the regulations. Item 27 repeals
and substitutes subsection 10.49(2) to omit the requirement that the offer must be in the
appropriate prescribed form replacing it with a requirement that the offer must contain the
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information prescribed by the regulations. Item 27 retains the requirement that the offer must
be made to the Minister in accordance with the regulations. Item 27 moves to the Act key
matters currently guaranteed by the regulations, such as requiring the offer to be in writing
and signed and dated by the parties to the agreement.
51 Subitem 34(4) is an application provision, which provides that the amendment made
by item 27 applies in relation to offers made after the commencement of item 34.
52 Item 28 amends subsection 10.59(2) of the Competition and Consumer Act 2010,
which has the effect that if a registered non-conference ocean carrier with substantial market
power offers to give an undertaking to do, or not to do, a specified act or thing the offer must
be in the appropriate prescribed form and made to the Minister in accordance with the
regulations. Item 28 repeals and substitutes subsection 10.59(2) to omit the requirement that
the offer must be in the appropriate prescribed form and replacing it with a requirement that
the offer must contain the information prescribed by the regulations. Item 28 retains the
requirement that the offer must be made to the Minister in accordance with the regulations.
Item 28 moves to the Act key matters currently guaranteed by the regulations, such as
requiring the offer to be in writing and signed and dated by the ocean carrier.
53 Subitem 34(4) is an application provision, which provides that the amendment made
by item 28 applies in relation to offers made after the commencement of item 34.
54 Item 29 amends subsection 10.64(2) of the Competition and Consumer Act 2010,
which has the effect that if an ocean carrier offers to give an undertaking not to engage in a
pricing practice the offer must be in the appropriate prescribed form and made to the Minister
in accordance with the regulations. Item 29 repeals and substitutes subsection 10.64(2) to
omit the requirement that the offer must be in the appropriate prescribed form and replacing it
with a requirement that the offer must contain the information prescribed by the regulations.
Item 29 retains the requirement that the offer must be made to the Minister in accordance
with the regulations. Item 29 moves to the Act key matters currently guaranteed by the
regulations, such as requiring the offer to be in writing and signed and dated by the ocean
carrier.
55 Subitem 34(4) is an application provision, which provides that the amendment made
by item 29 applies in relation to offers made after the commencement of item 34.
56 Item 30 amends subsection 10.70(3) of the Competition and Consumer Act 2010,
which has the effect that an application by an ocean carrier for the registration of a person as
the ocean carrier's agent must be made to the Registrar, made in the prescribed form and in
accordance with the regulations and accompanied by the prescribed fee. Item 30 repeals and
substitutes subsection 10.70(3) to omit the requirement that the application be in the
prescribed form and replacing it with a requirement that the application must contain the
information prescribed by the regulations. Item 30 retains the requirements that the
application be made to the Registrar in accordance with the regulations and accompanied by
the appropriate prescribed fee. Item 30 moves to the Act key matters currently guaranteed by
the regulations, such as requiring the application to be in writing, requiring the application to
be signed and dated by the ocean carrier and requiring the application to be accompanied by a
copy of the instrument appointing the agent.
57 Subitem 34(1) is an application provision, which provides that the amendment made
by item 30 applies in relation to applications made after the commencement of item 34.
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58 Item 31 amends subsection 10.72(3) of the Competition and Consumer Act 2010,
which has the effect that a notice given to the Registrar by an ocean carrier to revoke the
appointment of the ocean carrier's registered agent and appoint a new agent or change the
address for service of the ocean carrier's registered agent to another address in Australia or
request the Registrar to vary any of the particulars entered in the register of ocean carrier
agents in relation to the ocean carrier must be in the appropriate prescribed form, must be
given to the Registrar in accordance with the regulations and may be expressed to take effect
on and from a specified future day. Item 31 repeals and substitutes subsection 10.72(3) to
omit the requirement that the notice must be in the appropriate prescribed form replacing it
with a requirement that it must contain the information prescribed by the regulations. Item 31
retains the requirement that the notice must be given to the Registrar in accordance with the
regulations and the discretion for the notice to be expressed to take effect on a specified day.
Item 31 moves to the Act key matters currently guaranteed by the regulations, such as
requiring the notice to be in writing, signed and dated by the ocean carrier and be
accompanied by a copy of the instrument appointing the agent.
59 Subitem 34(3) is an application provision, which provides that the amendment made
by item 31 applies in relation to notices given after the commencement of item 34.
60 Item 32 amends paragraph 133A(2)(a) of the Competition and Consumer Act 2010,
which has the effect that an identity card issued to a person who is a member of the staff
assisting the Commission and who is appointed as an inspector by the Chairperson must be in
the form prescribed by the regulations. Item 32 repeals and substitutes that paragraph to
enable identity cards to be in any form as long as they contain the information prescribed by
the regulations. Paragraph 133A(2)(b) is unamended and will continue to provide that
identity cards contain a recent photograph of the person.
61 Subitem 34(5) is an application provision, which provides that the amendment made
by item 32 applies in relation to identity cards issued after the commencement of item 34.
62 Item 33 amends paragraph 154C(2)(a) of the Competition and Consumer Act 2010,
which has the effect that an identity card issued to a member of the staff assisting the
Commission who is appointed as an inspector by the Chairperson must be in the form
prescribed by the regulations. Item 33 repeals and substitutes that paragraph to enable identity
cards to be in any form as long as they contain the information prescribed by the regulations.
Paragraph 154C(2)(b) is unamended and will continue to provide that identity cards contain a
recent photograph of the person.
63 Subitem 34(5) is an application provision, which provides that the amendment made
by item 33 applies in relation to identity cards issued after the commencement of item 34.
Items 35 to 38
64 Items 35 to 38 are related.
65 Item 35 repeals and substitutes subsection 135AEA(3) of the Copyright Act 1968,
which provides that claims for release of seized copies must be in the form (if any) prescribed
by the regulations and include the information prescribed by the regulations. Currently no
form is prescribed. Item 35 substitutes subsection 135AEA(3) to enable claims to be in any
form as long as they contain the information prescribed by the regulations.
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66 Subitem 38(1) is an application provision, which provides that the amendment made
by item 35 applies in relation to claims made after the commencement of item 38.
67 Items 36 and 37 amend subsection 135ZZQ(1) of the Copyright Act 1968. That
subsection provides that the chief executive officer of a collecting society must issue an
identity card in the prescribed form to each person authorised by the society for the purposes
of subsection 135ZZP(2) (concerning inspections of records). Currently the prescribed
requirements for the form consist of a list of information that must be on the identity card
rather than a precise form. Items 36 and 37 amend subsection 135ZZQ(1) to provide that the
identity card must satisfy the requirements prescribed by the regulations.
68 Subitem 38(2) is an application provision, which provides that the amendments made
by items 36 and 37 apply in relation to identity cards issued after the commencement of item
38.
Items 39 to 41
69 Items 39 to 41 are related.
70 Items 39 and 40 amend subsection 447-5(1) of the Corporations (Aboriginal and
Torres Strait Islander) Act 2006. That subsection provides that the Registrar must issue an
identity card to an authorised officer in the form prescribed by the regulations. Currently the
prescribed requirements for the form consist of a list of information that must be on the
identity card rather than a precise form. The amendments made by items 39 and 40 amend
subsection 447-5(1) to provide that the identity card must contain the information prescribed
by the regulations.
71 Item 41 is an application provision, which provides that the amendments made by
items 39 and 40 apply in relation to identity cards issued after the commencement of item 41.
Items 42 and 43
72 Items 42 and 43 are related.
73 Item 42 amends subsection 12(2) of the Court Security Act 2013, which provides that
an administrative head of a court must issue an identity card to a person appointed by the
administrative head as a security officer or an authorised court officer in the form prescribed
by the regulations. Currently the prescribed requirements for the form consist of a list of
information that must be on the identity card rather than a precise form. Item 42 repeals and
substitutes paragraph 12(2)(a) to provide that the identity card must contain the information
prescribed by the regulations.
74 Item 43 is an application provision, which provides that the amendment made by item
42 applies in relation to identity cards issued after the commencement of item 43.
Items 44 to 49
75 Items 44 to 49 are related.
76 There is currently a definition of Export entry advice and a definition of export entry
advice in subsection 4(1) of the Customs Act 1901. Both refer to subsection 114C(1). "Export
entry advice means a communication, in respect of an export entry, that is made in the
14
manner, and has the form, specified in regulations made for the purpose of
subsection 114C(1)." However, "export entry advice means an export entry advice given
under subsection 114C(1)." The definition of Export entry advice was contained in the Act
first. The definition of "export entry advice" was inserted in the Act by item 52 of Schedule 3
to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act
2001. Item 62 of Schedule 3 to that Act remade section 114C, which included language of
Customs "giving" an export entry advice, consistently with the definition of export entry
advice. The definition of Export entry advice is redundant as it is no longer used in the Act.
Item 44 repeals the redundant definition.
77 Items 45 and 46 amend section 114C of the Customs Act 1901, which concerns
authority to deal with goods entered for export. Subsections 114C(1) and (2) have the effect
that if goods have been entered for export by the making of an export declaration in respect
of the goods, a Collector must give an export entry advice, in a manner and form specified in
the regulations (including in the information set out in that advice a number (the export entry
advice number) by which the advice can be identified), that constitutes either an authority to
deal with the goods to which the entry relates in accordance with the entry or a refusal to
provide such an authority.
78 Item 45 amends subsection 114C(1) to enable export entry advices to satisfy the
requirements prescribed by the regulations. Item 46 amends subsection 114C(2) to ensure
that one of those requirements is that the regulations must require an export entry advice to
contain an export entry advice number by which the advice can be identified.
79 Item 49 is an application provision, which provides that the amendments made by
items 45 and 46 apply in relation to export entry advices given after the commencement of
item 49.
80 Item 47 amends section 126 of the Customs Act 1901 which requires a certificate of
landing to be in a form prescribed by the regulations. No such form has been prescribed. Item
47 amends that section to require the certificate to be in the approved form, which, under
section 4A of that Act, means a form that is approved, by instrument in writing, by the
Comptroller-General of Customs.
81 Item 48 amends section 130B of the Customs Act 1901 which requires a return in a
prescribed form to be given to a Collector immediately before the departure of an aircraft
from Australia. No such form has been prescribed. Item 48 amends paragraph 130B(2A)(b)
of that Act to require the return to be in the approved form, which, under section 4A of that
Act, means a form that is approved, by instrument in writing, by the Comptroller-General of
Customs.
Items 50 and 51
82 Items 50 and 51 are related.
83 Item 50 amends subsection 40(2) of the Defence Trade Controls Act 2012, which has
the effect that the Secretary must issue an identity card to an authorised person that is in the
form prescribed by the regulations and that contains the information prescribed by the
regulations. Item 50 amends that subsection to enable identity cards to be in any form as long
as they satisfy the requirements prescribed by the regulations.
15
84 Item 51 is an application provision, which provides that the amendment made by item
50 applies in relation to identity cards issued after the commencement of item 51.
Items 52 to 63
85 Items 52 to 63 are related.
86 Item 52 amends subsection 33(4) of the Designs Act 2003, which has the effect that
the Registrar must publish a notice stating that a design application has lapsed under
subsection (1) and that the notice must be in the form prescribed by the regulations. Item 52
amends that subsection to enable notices to be in any form as long as they satisfy the
requirements prescribed by the regulations.
87 Item 63 is an application provision. Subitem 63(1) has the effect that the amendment
made by item 52 applies in relation to notices published after the commencement of item 63.
88 Item 53 amends subsection 45(3) of the Designs Act 2003, which has the effect that
the Registrar must issue a certificate of registration to the relevant applicant and that the
certificate must be in the form prescribed by the regulations. Item 53 amends that subsection
to enable certificates to be in any form as long as they contain the information prescribed by
the regulations.
89 Item 63 is an application provision. Subitem 63(2) has the effect that the amendment
made by item 53 applies in relation to certificates issued after the commencement of item 63.
90 Item 54 amends subsection 45(4) of the Designs Act 2003, which has the effect that
the Registrar must publish a notice stating that a design has been registered and that the
notice must be in the form prescribed by the regulations. Item 54 amends that subsection to
enable notices to be in any form as long as they satisfy the requirements prescribed by the
regulations.
91 Item 63 is an application provision. Subitem 63(1) has the effect that the amendment
made by item 54 applies in relation to notices published after the commencement of item 63.
92 Item 55 amends subsection 47(3) of the Designs Act 2003, which has the effect that
the Registrar must renew the registration of a design if the application is in the form
prescribed by the regulations. Item 55 amends that subsection to enable applications to be in
any form as long as they satisfy the requirements prescribed by the regulations.
93 Item 63 is an application provision. Subitem 63(3) has the effect that the amendment
made by item 55 applies in relation to applications made after the commencement of item 63.
94 Item 56 relates to Part 7 of Schedule 3 to the Designs Amendment (Advisory Council
on Intellectual Property Response) Bill 2020 before Parliament. That Part proposes to add
subsection 47(4) to the Designs Act 2003 and refers to an application in the form prescribed
for the purposes of subsection 47(3) of that Act. Item 56 is a consequential amendment of
proposed paragraph 47(4)(b) of the Designs Act 2003 to refer to an application that satisfies
the requirements prescribed by the regulations for the purposes of subsection 47(3) of that
Act.
95 Item 57 amends paragraph 49(3)(c) of the Act, which has the effect that an offer to
surrender the registration of a registered design made by the registered owner must be made
16
in a form prescribed by the regulations. Item 57 amends that paragraph to enable offers to be
in any form as long as they contain the information prescribed by the regulations.
96 Item 63 is an application provision. Subitem 63(4) has the effect that the amendment
made by item 57 applies in relation to offers made after the commencement of item 63.
97 Item 58 amends subsection 52(4) of the Designs Act 2003, which has the effect that
when the Registrar publishes a notice stating that the registration of a design has been
revoked and that the design is taken never to have been registered, the notice must be in the
form prescribed by the regulations. Item 58 amends that subsection to enable notices to be in
any form as long as they satisfy the requirements prescribed by the regulations.
98 Item 63 is an application provision. Subitem 63(1) has the effect that the amendment
made by item 58 applies in relation to notices published after the commencement of item 63.
99 Items 59 and 60 amend paragraph 67(3)(a) of the Designs Act 2003, which has the
effect that a certificate of examination to the registered owner of a design must be in the form
prescribed by the regulations. Items 59 and 60 amend that paragraph to enable the certificates
to be in any form as long as they contain the information prescribed by the regulations.
100 Item 63 is an application provision. Subitem 63(2) has the effect that the amendments
made by item 59 and 60 apply in relation to certificates issued after the commencement of
item 63.
101 Item 61 amends paragraph 67(3)(c) of the Designs Act 2003, which has the effect that
a notice stating that an examination of the design has been completed and that infringement
proceedings may be commenced must be in the form prescribed by the regulations. Item 61
amends that paragraph to enable notices to be in any form as long as they satisfy the
requirements prescribed by the regulations.
102 Item 63 is an application provision. Subitem 63(1) has the effect that the amendment
made by item 61 applies in relation to notices published after the commencement of item 63.
103 Item 62 amends subsection 68(3) of the Designs Act 2003, which has the effect that if
the registration of a design is revoked after examination the Registrar must publish a notice,
in the form prescribed by the regulations, stating that the registration of the design has been
revoked and that the design is taken never to have been registered. Item 62 amends that
subsection to enable notices to be in any form as long as they satisfy the requirements
prescribed by the regulations.
104 Item 63 is an application provision. Subitem 63(1) has the effect that the amendment
made by item 62 applies in relation to notices published after the commencement of item 63.
Items 64 and 65
105 Items 64 and 65 are related.
106 Item 64 amends subsection 39(2) of the Fuel Quality Standard Act 2000, which has
the effect that the Secretary must issue an identity card to an inspector that is in the form
prescribed by the regulations. Item 64 repeals and substitutes paragraph 39(2)(a) to enable
identity cards to be in any form as long as they satisfy the requirements prescribed by the
regulations.
17
107 Item 65 is an application provision, which provides that the amendment made by item
64 applies in relation to identity cards issued after the commencement of item 65.
Items 66 to 68
108 Items 66 to 68 are related.
109 Items 66 and 67 amend section 45 of the Great Barrier Reef Marine Park Act 1975.
That section deals with identity cards. Subsection 45(1) provides that the Authority shall
cause to be issued to each inspector, other than a member of a police force, an identity card in
the form prescribed. Item 66 amends that subsection to provide that the identity cards are to
be in the form approved in an instrument under subsection 45(1A). Item 67 inserts proposed
new subsection 45(1A), providing that the CEO may, by notifiable instrument, approve the
form.
110 Item 68 is an application provision, which provides that the amendments apply in
relation to identity cards issued after the commencement of that item.
Items 69 to 73
111 Items 69 to 73 are related.
112 Items 69 and 70 amend subsection 40(1) of the Health Insurance Act 1973.
Subsection 40(1) of that Act provides that an organization may apply, in accordance with the
prescribed form, to the Minister for approval as an organization under Part IV of the Act,
which concerns health program grants. Item 69 amends subsection 40(1) to provide that the
application will instead be in accordance with the approved form. Subsection 3(1) of the Act
defines what an approved form is. The definition provides that it is a form approved by the
Minister, by writing signed by him or her, for the purposes of the provision in which the
expression occurs. Item 70 requires that the application must be signed in accordance with
the regulations.
113 Items 71 and 72 amend subsection 41(1) of the Act. Subsection 41(1) provides that an
approved organization may apply, in accordance with the prescribed form, to the Minister for
approval of a health service provided, or to be provided, by the organization. Item 71 amends
subsection 41(1) to provide that the application will instead be in accordance with the
approved form. Subsection 3(1) of the Act defines what an approved form is. The definition
provides that it is a form approved by the Minister, by writing signed by him or her, for the
purposes of the provision in which the expression occurs. Item 72 requires that the
application must be signed in accordance with the regulations.
114 Item 73 is an application provision, which provides that the amendments made by
items 69 to 72 apply in relation to applications made after the commencement of that item.
Items 74 and 75
115 Items 74 and 75 are related.
116 Item 74 amends paragraph 13(c) of the Illegal Logging Prohibition Act 2012, which
has the effect that a person will generally commit an offence if the person does not make a
declaration to the Customs Minister, in the manner and form prescribed by the regulations,
about the person's compliance with the due diligence requirements for importing a regulated
18
timber product. Item 74 amends that paragraph to require declarations to be made in
accordance with the regulations.
117 Item 75 is an application provision, which provides that the amendment made by item
74 applies in relation to declarations made after the commencement of item 75.
Items 76 and 77
118 Items 76 and 77 are related.
119 Item 76 amends subsection 40(2) of the Inspector of Transport Security Act 2006,
which has the effect that the Inspector must issue an identity card to a person that is in the
form prescribed by the regulations. Item 76 repeals and substitutes paragraph 40(2)(a) to
ensure that the identity card must satisfy the requirements prescribed by the regulations.
120 Item 77 is an application provision, which provides that the amendment made by item
76 applies in relation to identity cards issued after the commencement of item 77.
Items 78 to 82
121 Items 78 to 82 are related.
122 Item 78 inserts a definition of approved form in subsection 4(1) of the Insurance
Acquisitions and Takeovers Act 1991 providing that an approved form, in relation to a
provision of the Act, means a form approved in an instrument under section 4A for the
purposes of that provision. Item 79 inserts a new section 4A providing that the Australian
Prudential Regulation Authority (APRA) may, by notifiable instrument, approve a form for
the purposes of a provision of the Act.
123 Item 80 amends section 38 of the Insurance Acquisitions and Takeovers Act 1991,
which concerns compulsory notification of trigger proposals to acquire or lease assets of
Australian-registered insurance companies. Currently paragraph 38(b) has the effect that a
person who carries out a trigger proposal may commit an offence if the person did not, before
the relevant acquisition or before entering into the relevant arrangement give to the Minister a
notice in the prescribed form stating the person's intention to acquire the assets, interests,
rights or benefits or to enter into the arrangement. Item 80 amends paragraph 38(b) to provide
that the notice must be in the approved form rather than in a prescribed form.
124 Item 81 amends section 52 of the Insurance Acquisitions and Takeovers Act 1991,
which concerns compulsory notification of trigger proposals agreements relating to the
directorate of Australian-registered insurance companies. Currently paragraphs 52(b) and (c)
have the effect that a person who carries out a trigger proposal may commit an offence if the
person did not, before entering into the relevant agreement or making the relevant alteration,
give to the Minister a notice in the prescribed form stating the person's intention to enter into
the agreement or make the alteration. Item 81 amends paragraphs 52(b) and (c) to provide
that the notice must be in the approved form rather than in a prescribed form.
125 Item 82 is an application provision, which provides that the amendments made by
items 80 and 81 apply in relation to notices given after the commencement of item 82.
19
Items 83 to 88
126 Items 83 to 88 are related.
127 Items 83 to 85 amend section 14 of the International Air Services Commission Act
1992, which deals with the form of applications for a determination allocating available
capacity. Paragraph 14(1)(d) and subsection 14(2) of that Act allow the regulations to deal
with the form and content of the applications. No such regulations have been made. Items 84
and 85 repeal paragraph 14(1)(d) and subsection 14(2) of that Act. Item 83 makes a
consequential amendment to paragraph 14(1)(c) of that Act to ensure correct punctuation at
the end of that paragraph.
128 Items 86 to 88 amend section 21 of the International Air Services Commission Act
1992, which deals with the form of applications for variation of determinations. Paragraph
21(2)(d) and subsection 21(3) of that Act allow the regulations to deal with the form and
content of the applications. No such regulations have been made. Items 87 and 88 repeal
paragraph 21(2)(d) and subsection 21(3) of that Act. Item 86 makes a consequential
amendment to paragraph 21(2)(c) of that Act to ensure correct punctuation at the end of that
paragraph.
Items 89 to 91
129 Items 89 to 91 are related.
130 Items 89 and 90 amend section 141 of the Law Enforcement Integrity Commissioner
Act 2006. That section concerns identity cards. Paragraph 141(2)(a) of that Act has the effect
that an identity card that the Integrity Commissioner must issue to a person who is an
authorised officer for the purposes of Part 9 of the Act must be in the form prescribed by the
regulations. Item 89 repeals and substitutes that paragraph to provide that the identity card
must instead be in the form approved in an instrument under proposed new subsection
141(2A). Item 90 inserts proposed new subsection 141(2A), providing that the Integrity
Commissioner may, by notifiable instrument, approve the form.
131 Item 91 is an application provision, which provides that the amendments apply in
relation to identity cards issued after the commencement of that item.
Items 92 to 98
132 Item 92 amends section 200 of the Life Insurance Act 1995, which concerns
assignment of a policy. Paragraph 200(2)(a) has the effect that an assignment of a policy is
not effective at law unless the assignment is by memorandum of transfer in accordance with,
or substantially in accordance with, the form prescribed by the regulations. Item 92 amends
that paragraph to refer to the form approved in an instrument under proposed new subsection
200(2A). Item 93 inserts proposed new subsection 200(2A), providing that ASIC may, by
notifiable instrument, approve the form.
133 Subitem 98(1) is an application provision, which provides that the amendments made
by items 92 and 93 apply in relation to memorandums of transfer given after the
commencement of item 98.
134 Item 94 amends subsection 216(1) of the Life Insurance Act 1995, which has the
effect that within 3 months after the end of each calendar year, a life company must give to
20
ASIC a statement in the form prescribed by the regulations of all unclaimed money, other
than unclaimed money held in RSAs as at the end of that year. Item 94 amends that
subsection to refer to the form approved in an instrument under proposed new subsection
216(1A). Item 95 inserts proposed new subsection 216(1A), providing that ASIC may, by
notifiable instrument, approve the form.
135 Item 96 amends subsection 216(4) of the Life Insurance Act 1995, which has the
effect that if, between the end of the relevant calendar year and the date on which the
statement is given to ASIC, the company has paid any money to persons to whom the
amounts were due by the company, the company must give ASIC, with the statement under
subsection (1), a statement in the form prescribed by the regulations relating to the amounts
so paid. Item 96 amends that subsection to refer to the form approved in an instrument under
proposed new subsection 216(4A). Item 97 inserts proposed new subsection 216(4A),
providing that ASIC may, by notifiable instrument, approve the form.
136 Subitem 98(2) is an application provision, which provides that the amendments made
by items 94 to 96 apply in relation to statements given after the commencement of item 98.
Items 99 to 102
137 Items 99 to 102 are related.
138 Subsections 61A(2), 79A(2), 81(2) and 100X(2) of the Marine Transport and
Offshore Facilities Security Act 2003 concern applications for:
(a) regulated Australian ships to be exempt from the requirement to have ship
security plans (subsection 61A(2)); and
(b) regulated Australian ships to be exempt from the requirement to have an ISSC
(subsection 79A(2)); and
(c) ship operators (subsection 81(2)) and offshore facility operators (subsection
100X(2)) to be given an ISSC.
139 Those provisions provide that the application must be in accordance with any
requirements prescribed by the regulations and that the regulations may prescribe
requirements in relation to the form and content of the application, and the way in which the
application is made. Items 99 to 102 omit the words stating that the regulations may prescribe
requirements in relation to the form and content of the application, and the way in which the
application is made as those words don't add anything legally to the requirement that the
applications must be in accordance with any requirements prescribed by the regulations.
Items 103 to 105
140 Item 103 amends subsection 140W(2) of the Migration Act 1958, which has the effect
that the Minister must issue an identity card to an appointed inspector in the form prescribed
by the regulations. Item 103 repeals and substitutes paragraph 140W(2)(a) to require identity
cards to be in the approved form and to permit them to include additional information not set
out in the form. Subsection 5(1) of the Act provides that approved form when used in a
provision of the Act, means a form approved by the Minister in writing for the purposes of
that provision.
21
141 Item 105 is an application provision. Subitem 105(1) provides that the amendment
made by item 103 applies in relation to identity cards issued after the commencement of item
105.
142 Item 104 amends subsection 274(3) of the Migration Act 1958, which relates to the
issue by the Secretary or Australian Border Force Commissioner of documents containing
certain information. That subsection requires those documents to be in the prescribed form.
Item 104 repeals and substitutes that subsection to replace the requirement for the documents
to be in a prescribed form with a requirement that the documents be in the approved form and
(as under the current prescribed form) that they contain a photograph of the person concerned
(if available). Item 104 retains the requirements that the documents state, to the best of the
Secretary's or Australian Border Force Commissioner's knowledge, the name and nationality
of the person concerned and include such other information as the Secretary or Australian
Border Force Commissioner thinks appropriate. Subsection 5(1) of the Act provides that
approved form, when used in a provision of the Act, means a form approved by the Minister
in writing for the purposes of that provision.
143 Item 105 is an application provision. Subitem 105(1) provides that the amendment
made by item 104 applies in relation to documents given after the commencement of item
105.
Item 106
144 Item 106 amends section 40 of the National Environment Protection Measures
(Implementation) Act 1998 which concerns annual reports. Subsection 40(1) requires annual
reports, relating to the carrying on of an activity to which a national environment protection
measure applies, to be given in the prescribed form. Currently the regulations only require a
written report. Item 106 amends subsection 40(1) to refer to a report being given in writing.
Items 107 to 110
145 Item 107 amends section 15 of the National Greenhouse and Energy Reporting Act
2007. That section provides requirements for applications to register in relation to meeting a
threshold and applications to register in relation to greenhouse gas project. Paragraph 15(d)
requires that the applications be in the form (if any) specified in the regulations. Item 107
replaces that requirement with requirements that an application be in writing, identify the
section under which the application is made and comply with any requirements prescribed by
the regulations.
146 Item 110 is an application provision. Subitem 110(1) has the effect that the
amendment made by item 107 applies in relation to applications made after the
commencement of item 110.
147 Section 20 of the National Greenhouse and Energy Reporting Act 2007 concerns the
liability of persons to provide certain information. Under subsection 20(2) a registered
corporation or other person may apply, in the manner and form specified in the regulations, to
the Regulator for a determination about the provision of information. Item 108 repeals and
substitutes that subsection with requirements that the application must be in writing and
comply with any requirements prescribed by the regulations.
22
148 Item 110 is an application provision. Subitem 110(1) has the effect that the
amendment made by item 108 applies in relation to applications made after the
commencement of item 110.
149 Section 58(1) of the National Greenhouse and Energy Reporting Act 2007 requires
that the Regulator must issue an identity card to an authorised officer in the form specified by
the regulations. Item 109 amends that subsection to require identity cards to satisfy the
requirements prescribed by the regulations.
150 Item 110 is an application provision. Subitem 110(2) has the effect that the
amendment made by item 109 applies in relation to identity cards issued after the
commencement of item 110.
Items 111 to 113
151 Items 111 to 113 are related.
152 Items 111 and 112 amend section 99ADC of the National Health Act 1953. That
section provides for the price disclosure requirements for a supply of a brand of a
pharmaceutical item. Paragraph 99ADC(1)(b) has the effect that one of the requirements is to
provide prescribed information in the manner and form prescribed by the regulations. Item
111 amends that paragraph to provide that the information must be provided in the form
approved in an instrument under subsection (3). Item 112 inserts proposed new subsection
99ADC(3), providing that the Secretary may, by notifiable instrument, approve the form.
153 Item 113 is an application provision, which provides that the amendments made by
items 111 and 112 apply in relation to information provided after the commencement of item
113.
Items 114 to 129
154 Items 114 to 129 are related.
155 Items 114 and 115 amend subsection 12(2) of the National Health and Medical
Research Council Act 1992, which has the effect that before the Council provides a
regulatory recommendation to the CEO the Council must publish a notice, in the manner and
form specified in the regulations, stating its intention to provide the regulatory
recommendation to the CEO and inviting persons or bodies to make submissions relating to
the proposed recommendation. Item 114 amends that subsection to omit the requirement that
the notice be in the manner and form specified in the regulations and instead provide that it
must be published on the NHMRC's website. Item 115 amends that subsection to add a
requirement that the notice must include the information prescribed by the regulations.
156 Items 116 to 118 amend paragraph 12(3)(a) of the National Health and Medical
Research Council Act 1992, which has the effect that soon after the end of the period
specified under subsection 12(2) for making submissions, if the Council proposes to provide
a recommendation to the CEO, the Council must prepare a draft of the recommendation and
publish a notice, in the manner and form specified in the regulations, containing a summary
of the draft recommendation, stating where copies of the draft recommendation can be
obtained and inviting persons or bodies to make submissions relating to the draft
recommendation. Item 116 amends that paragraph to omit the requirement that the notice be
23
in the manner and form specified in the regulations and instead provide that the notice must
be published on the NHMRC's website. Item 118 adds a new subparagraph that adds a
requirement that the notice must include the information prescribed by the regulations. Item
117 makes a consequential amendment to support the inclusion of the additional
subparagraph.
157 Item 119 amends paragraph 12(3)(b) of the National Health and Medical Research
Council Act 1992, which has the effect that soon after the end of the period specified under
subsection 12(2) for making submissions, if the Council no longer proposes to provide a
recommendation to the CEO, the Council must publish a notice, in the manner and form
specified in the regulations, stating that fact. Item 119 amends paragraph 12(3)(b) to omit the
requirement that the notice be in the manner and form specified in the regulations and instead
provide that the notice must be published on the NHMRC's website and that the notice must
include the information prescribed by the regulations.
158 Items 120 and 121 amend paragraph 13(d) of the National Health and Medical
Research Council Act 1992, which has the effect that before the Council provides various
guidelines to the CEO or the Australian Health Ethics Committee provides various guidelines
to the Council the Council or Committee must prepare a draft of the guidelines and publish a
notice, in the manner and form specified in the regulations containing a summary of the draft
guidelines, stating where copies of the draft guidelines can be obtained and inviting persons
or bodies to make submissions relating to the draft guidelines. Item 120 amends paragraph
13(d) to omit the requirement that the notice be in the manner and form specified in the
regulations and instead provide that the notice must be published on the NHMRC's website.
Item 121 adds a new subparagraph that adds a requirement that the notice must include the
information prescribed by the regulations.
159 Items 122 and 123 amend subsection 14(2) of the National Health and Medical
Research Council Act 1992, which has the effect that within 30 days after the CEO makes an
interim regulatory recommendation or issues interim guidelines, the CEO must publish a
notice, in the manner and form specified in the regulations setting out his or her reasons for
making the recommendation or issuing the guidelines and also setting out either a summary
of the recommendation or the guidelines and must also invite persons or bodies to make
submissions relating to the recommendation or guidelines. Item 122 amends subsection 14(2)
to omit the requirement that the notice be in the manner and form specified in the regulations
and instead provide that the notice must be published on the NHMRC's website. Item 123
adds a new paragraph that adds a requirement that the notice must include the information
prescribed by the regulations.
160 Items 124 and 125 amend subsection 14(4) of the National Health and Medical
Research Council Act 1992, which has the effect that, in cases where the Council provides
recommendations and guidelines to the CEO without consultation in urgent circumstances,
within 30 days after the CEO makes an interim regulatory recommendation, or issues interim
guidelines, the Council must publish a notice, in the manner and form specified in the
regulations setting out its reasons for providing the recommendation or guidelines to the CEO
and also setting out either a summary of the recommendation or the guidelines and must
invite persons or bodies to make submissions to the Council relating to the recommendation
or guidelines. Item 124 amends subsection 14(4) to omit the requirement that the notice be in
the manner and form specified in the regulations and instead provide that the notice must be
published on the NHMRC's website. Item 125 adds a new paragraph that adds a requirement
that the notice must include the information prescribed by the regulations.
24
161 Items 126 and 127 amend subsection 14(6) of the National Health and Medical
Research Council Act 1992, which has the effect that, in cases where the Australian Health
Ethics Committee provides guidelines to the Council without consultation in urgent
circumstances, within 30 days after the CEO issues the interim guidelines, the Committee
must publish a notice, in the manner and form specified in the regulations, setting out its
reasons for providing the guidelines to the Council, setting out the guidelines and inviting
persons or bodies to make submissions relating to the guidelines. Item 126 amends subsection
14(6) to omit the requirement that the notice be in the manner and form specified in the
regulations and instead provide that the notice must be published on the NHMRC's website.
Item 127 adds a new paragraph that adds a requirement that the notice must include the
information prescribed by the regulations.
162 Item 128 amends subsection 14B(2) of the National Health and Medical Research
Council Act 1992, which has the effect that, if the Council or Australian Health Ethics
Committee proposes to dispense with any requirements for consultation steps the Council or
Committee must publish a notice, in the manner and form, and within the period, specified in
the regulations, stating its reasons. Item 128 repeals and substitutes subsection 14B(2) to omit
the requirement that the notice be in the manner and form specified in the regulations and
instead provide that the notice must be published on the NHMRC's website and add a new
requirement that the notice must include the information prescribed by the regulations.
163 Item 129 is an application provision, which provides that the amendments made by
items 114 to 128 apply in relation to notices published after the commencement of item 129.
Items 130 and 131
164 Items 130 and 131 are related.
165 Item 130 amends subsection 64(2) of the National Health Security Act 2007, which
has the effect that the Secretary must issue an identity card to an inspector in the form
prescribed by the regulations. Item 130 repeals and substitutes paragraph 64(2)(a) of that Act
to enable identity cards to be in any form as long as they satisfy the requirements prescribed
by the regulations.
166 Item 131 is an application provision, which provides that the amendment made by
item 130 applies in relation to identity cards issued after the commencement of item 131.
Items 132 to 134
167 Items 132 to 134 are related.
168 Item 132 amends subsection 18MB(1) of the National Measurement Act 1960, which
has the effect that the Secretary is required to issue an identity card to a trade measurement
inspector in the form prescribed by the regulations. Item 132 amends that subsection to
remove that requirement and item 133 adds a paragraph 18MB(1)(c) to require an identity
card to contain the information prescribed by the regulations.
169 Item 134 is an application provision, which provides that the amendments made by
items 132 and 133 apply in relation to identity cards issued after the commencement of item
134.
25
Items 135 to 140
170 Items 135 to 140 are related.
171 Items 135 and 136 amend section 8 of the Payment Systems and Netting Act 1998,
which has the effect that an application to the Reserve Bank for approval of a payment or
settlement system must be in the prescribed form and be accompanied by the documents
specified in the regulations or required by the Reserve Bank. Item 135 amends paragraph
8(2)(a) to require applications to be in the form approved in an instrument under subsection
8(3). Item 136 adds subsection 8(3), which provides that the Reserve Bank may, by notifiable
instrument, approve a form of the purposes of paragraph (2)(a).
172 Items 137 and 138 amend section 11 of the Act, which has the effect that an
application to the Reserve Bank for approval of a multilateral netting arrangement must be in
the prescribed form and be accompanied by the documents specified in the regulations or
required by the Reserve Bank. Item 137 amends paragraph 11(2)(a) to require applications to
be in the form approved in an instrument under subsection 11(3). Item 138 adds subsection
11(3), which provides that the Reserve Bank may, by notifiable instrument, approve a form
of the purposes of paragraph (2)(a).
173 Currently section 17 of the Act has the effect that a document that the Act requires to
be in a prescribed form must be in the prescribed form if a form for the document is
prescribed in the regulations or in the approved form if a form for the document is not
prescribed in regulations but the Reserve Bank has approved a form for the document. As a
consequence of items 135 to 138 section 17 is redundant. Item 139 repeals that section.
174 Item 140 is an application provision, which provides that the amendments made by
items 135 to 139 apply in relation to applications made after the commencement of item 140.
Items 141 to 149
175 Items 141 to 149 are related.
176 The Protection of Movable Cultural Heritage Act 1986 provides in subsections 10(2),
10A(3), 11(1), 12(2), 12(4) and 13(3) of the Act that things must be in the prescribed form,
or, if no form is prescribed, the form approved by the Minister.
177 Item 141 amends subsection 3(1) of the Act to insert a definition of approved form,
providing that, in relation to a provision of the Act, the term means a form approved in an
instrument under section 3A for the purposes of that provision. Item 142 inserts section 3A,
which provides that the Minister may, by notifiable instrument, approve a form for the
purposes of a provision of the Act.
178 Subsection 10(2) has the effect that an application to the Minister for a permit to
export a Class B object must be made in writing in the prescribed form, or, if no form is
prescribed, the form approved by the Minister. Item 143 amends that subsection to provide
that the application must be made in the approved form.
179 Item 149 is an application provision. Subitem 149(1) provides that the amendment
made by item 143 applies in relation to applications made after the commencement of item
149.
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180 Subsection 10A(3) has the effect that an application by a person responsible for a
principal collecting institution's operations to the Minister for a permit to export a Class B
object that is accessioned into the collection for which the institution is responsible is to be
made in writing in the prescribed form, or, if no form is prescribed, the form approved by the
Minister. Item 144 amends that subsection to provide that the application must be made in the
approved form.
181 Item 149 is an application provision. Subitem 149(1) provides that the amendment
made by item 144 applies in relation to applications made after the commencement of item
149.
182 Subsection 11(1) has the effect that a permit granted under section 10 or 10A must be
in writing in the prescribed form, or if no form is prescribed, the form approved by the
Minister. Item 145 amends that subsection to provide that the application must be made in the
approved form.
183 Item 149 is an application provision. Subitem 149(2) provides that the amendment
made by item 145 applies in relation to permits granted after the commencement of item 149.
184 Subsection 12(2) has the effect that if a person intends to import an Australian
protected object for temporary purposes or in circumstances in which the person may wish
subsequently to export the object and the person applies to the Minister for a certificate
authorising the exportation of the object, the application must be made in writing in the
prescribed form or, if no form is prescribed, the form approved by the Minister. Item 146
amends that subsection to provide that the application must be made in the approved form.
185 Item 149 is an application provision. Subitem 149(1) provides that the amendment
made by item 146 applies in relation to applications made after the commencement of item
149.
186 Subsection 12(4) has the effect that a certificate of exemption granted under section
12 must be in writing in the prescribed form or, if no form is prescribed, the form approved
by the Minister. Item 147 amends that subsection to provide that the application must be
made in the approved form.
187 Item 149 is an application provision. Subitem 149(3) provides that the amendment
made by item 147 applies in relation to certificates granted after the commencement of item
149.
188 Subsection 13(3) has the effect that at any time while a permit or certificate is in
force, the Minister may, by notice in writing served on the holder of the permit or certificate,
impose a condition to which the permit or certificate is to be subject, vary or revoke a
condition of the permit or certificate, vary the period of effect of the permit or certificate or
revoke the permit or certificate upon an application by the holder of the permit or certificate
made in writing in the prescribed form, or, if no form is prescribed, the form approved by the
Minister. Item 148 amends that subsection to provide that the application must be made in the
approved form.
189 Item 149 is an application provision. Subitem 149(1) provides that the amendment
made by item 148 applies in relation to applications made after the commencement of item
149.
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Items 150 to 154
190 Items 150 to 154 are related.
191 Items 150 and 151 amend section 16 of the Protection of the Sea (Civil Liability) Act
1981. Subsection 16(2) has the effect that an application by the owner, master or agent of
certain ships for the issue of an insurance certificate in respect of the ship must be in
accordance with the prescribed form. Item 150 amends paragraph 16(2)(a) of the Act to
provide that applications must be in accordance with the form approved in an instrument
under subsection 16(2A). Item 151 inserts proposed new subsection 16(2A), providing that
the Minister may, by notifiable instrument, approve the form and proposed new subsection
16(2B), providing that the Minister must cause the form to be published on the Authority's
website.
192 Item 154 is an application provision. Subitem 154(1) provides that the amendment
made by item 150 applies in relation to applications made after the commencement of item
154.
193 Items 152 and 153 also amend section 16 of the Protection of the Sea (Civil Liability)
Act 1981. Paragraph 16(4)(a) has the effect that an insurance certificate issued under
subsection 16(3) in respect of a ship must be in accordance with the prescribed form. Item
152 amends that paragraph to provide that certificates must be in accordance with the form
approved in an instrument under subsection 16(4A). Item 153 inserts proposed new
subsection 16(4A), providing that the Minister may, by notifiable instrument, approve the
form and proposed new subsection 16(4B), providing that the Minister must cause the form
to be published on the Authority's website.
194 Item 154 is an application provision. Subitem 154(2) provides that the amendment
made by item 152 applies in relation to certificates issued after the commencement of that
item.
Items 155 to 157
195 Items 155 to 157 are related.
196 Item 155 amends subsection 35(2) of the Regulatory Powers (Standard Provisions)
Act 2014, which has the effect that the relevant chief executive must issue an identity card to
an authorised person in the form prescribed by the regulations. Item 155 repeals and
substitutes paragraph 35(2)(a) to enable identity cards to be in any form as long as they
satisfy the requirements prescribed by the regulations.
197 Item 156 amends subsection 76(2) of the Regulatory Powers (Standard Provisions)
Act 2014, which has the effect that the relevant chief executive must issue an identity card to
an authorised person in the form prescribed by the regulations. Item 156 repeals and
substitutes paragraph 76(2)(a) to enable identity cards to be in any form as long as they
satisfy the requirements prescribed by the regulations.
198 Item 157 is an application provision, which provides that the amendment made by
items 155 and 156 apply in relation to identity cards issued after the commencement of item
157.
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Items 158 and 159
199 Items 158 and 159 are related.
200 Item 158 amends subsection 108(1) of the Renewable Energy (Electricity) Act 2000,
which has the effect that the Regulator must issue an identity card to an authorised officer in
the form prescribed by the regulations. Item 158 amends that subsection to enable identity
cards to be in any form as long as they satisfy the requirements prescribed by the regulations.
201 Item 159 is an application provision, which provides that the amendment made by
item 158 applies in relation to identity cards issued after the commencement of item 159.
Items 160 and 161
202 Items 160 and 161 are related.
203 Item 160 amends paragraph 102(1)(a) of the Safety, Rehabilitation and Compensation
Act 1988, which has the effect that applications for licences must be in writing in the
prescribed form. Item 160 amends that paragraph to enable applications to be in any form as
long as they satisfy the requirements prescribed by the regulations.
204 Item 161 is an application provision, which provides that the amendment made by
item 160 applies in relation to applications lodged after the commencement of item 161.
Items 162 to 165
205 Items 162 to 165 are related.
206 Item 162 amends paragraph 52(2)(a) of the Trade Marks Act 1995. Paragraph 52(2)(a)
of that Act provides that a notice of opposition to the registration of a trade mark must be
filed in the form prescribed by the regulations. Item 162 amends that paragraph to provide
that the notice of opposition must instead be filed in accordance with the regulations.
207 Item 163 amends paragraph 96(2)(a) of the Trade Marks Act 1995. Paragraph 96(2)(a)
of that Act provides that a notice of opposition to an application for removal of a trade mark
from the Register must be filed in the form prescribed by the regulations. Item 163 amends
that paragraph to provide that the notice of opposition must instead be filed in accordance
with the regulations.
208 Item 165 is an application provision. Subitem 165(1) has the effect that the
amendments made by items 162 and 163 apply in relation to notices of opposition filed after
the commencement of item 165.
209 Item 164 amends section 136 of the Trade Marks Act 1995, which provides that a
claim to the Comptroller-General of Customs for the release of seized goods must be in the
form (if any) prescribed by the regulations and include the information prescribed by the
regulations. Item 164 repeals and substitutes subsection 136(3) of that Act to enable claims to
be in any form as long as they contain the information prescribed by the regulations.
210 Item 165 is an application provision. Subitem 165(2) has the effect that the
amendment made by item 164 applies in relation to claims made after the commencement of
item 165.
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Items 166 and 167
211 Items 166 and 167 are related.
212 Item 166 amends subsection 29(2) of the Transport Safety Investigation Act 2003,
which has the effect that an identity card issued to every person who can exercise premises
powers by the Chief Commissioner must be in the form prescribed by the regulations. Item
166 repeals and substitutes paragraph 29(2)(a) of that Act to require an identity card to
contain the information prescribed by the regulations.
213 Item 167 is an application provision, which provides that the amendment made by
item 166 applies in relation to identity cards issued after the commencement of item 167.
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