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2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
STATUTE LAW REVISION BILL (No. 2) 2010
EXPLANATORY MEMORANDUM
(Circulated by the authority of the Attorney-General,
the Honourable Robert McClelland MP
STATUTE LAW REVISION BILL (No. 2) 2010
General Outline
The main purposes of this Bill are to correct technical errors that have
occurred in Acts as a result of drafting and clerical mistakes, and to
remove references to specific Ministers and Departments so that when
changes are made to the Administrative Arrangements Order, legislation does
not need to be amended.
Currently, when the names of Ministers or Departments change, or when
responsibility for particular legislation is transferred between Ministers
or Departments, the Governor-General makes substituted reference Orders
under sections 19B and 19BA of the Acts Interpretation Act 1901 so that a
reference to a specific Minister or Department in legislation can be read
as though it is a reference to the correct Minister or Department. While
this has the effect of legally transferring responsibility to the correct
Minister or Department under the legislation, it means that users of
Commonwealth legislation have to read the legislation in conjunction with
these Orders.
The amendments contained in this Bill will greatly reduce the need for
reliance on section 19B and 19BA Orders, and the need for such Orders to be
made in the future, as the amendments insert more generic references to
Ministers and Departments in Commonwealth Acts. This will improve the
clarity and useability of Commonwealth Acts.
The Bill also contains amendments to modernise language, to ensure
consistency of language, and to make other technical amendments in certain
legislation.
The Bill also repeals a number of Acts that are obsolete.
The corrections and repeals are desirable in order to improve the quality
of the text of Commonwealth legislation and, in particular, to facilitate
the publication of consolidated versions of Acts by the Attorney-General's
Department and by private publishers of legislation.
None of the corrections make any change to the substance of the law.
Financial Impact
The Bill will have no financial impact.
Notes on clauses
Clause 1-Short title
Clause 1 provides for the Act to be cited as the Statute Law Revision Act
(No. 2) 2010.
Clause 2-Commencement
Clause 2 provides for the commencement of the Act.
Subclause 2(1) provides that each provision of the Act specified in column
1 of the table 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.
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.
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.
The items in Schedule 1 to the Bill amend errors in principal Acts. All
items in the Schedule commence on the day this Act receives the Royal
Assent. This is because the "slip rule" will have been applied to each
error since the enactment of the erroneous provision. This means that the
text of the law will have been taken to have been correct, despite the
error.
Current Commonwealth drafting practice is to avoid retrospective
commencement where practicable. Given the application of the slip rule, it
is appropriate for these amendments to commence on Royal Assent. The
amendments ensure that the text of the law accords with how it would be
interpreted.
Other amendments relate to errors in numbering, grammatical errors or
changes in drafting style, and it is appropriate that these amendments
commence on the day this Act receives the Royal Assent because they do not
change the substantive content of the law.
The items in Schedule 2 to the Bill relate to misdescribed or redundant
amendments, or errors, contained in amending Acts. The commencement of
items dealing with misdescribed amendments, or amendments where the
location of the amendment is unclear, is tied to the time specified in the
amending Act for the commencement of the amendment. Some of the items
repeal amendments that have become redundant, or correct errors, in
amending Acts. These amendments commence on the day this Act receives the
Royal Assent.
Schedule 3 to the Bill repeals obsolete Acts. The Schedule is to commence
on the day this Act receives the Royal Assent.
Schedule 4 to the Bill amends the Marriage Act 1961 to make minor changes
to spelling in provisions of that Act to ensure the provisions accord with
current drafting style. The changes are to spell words with an "s" instead
of a "z" (for example, "authorise" instead of "authorize"). Items 1 to 24
of that Schedule commence on the day this Act receives the Royal Assent.
Item 25 commences immediately after the commencement of items 1 to 24. This
is to ensure that the specific amendments in items 1 to 24 have commenced
before the amendments made by item 25 commence, thereby preventing any
overlap between various amendments.
Schedule 5 to the Bill amends a number of Acts to ensure that Commonwealth
Ministers are consistently mentioned by reference to the administration of
identified legislation rather than by name, and to ensure that a number of
Acts reflect alterations made to them via orders made under subsection
19BA(1) of the Acts Interpretation Act 1901. The Schedule is to commence 28
days after Royal Assent.
Schedule 6 to the Bill amends a number of Acts to ensure that Departments
of State are consistently mentioned by reference to the Minister
administering identified legislation or a particular matter rather than by
name, to ensure that "Parliamentary Department" is defined consistently for
Acts with an ongoing operation and to update references to Parliamentary
Departments that have been abolished or amalgamated. Items 1 to 4 commence
on the later of the start of the 28th day after Royal Assent and
immediately after the commencement of item 10 of Schedule 1 to the Airports
Amendment Act 2010. Items 5 to 60 commence 28 days after Royal Assent. Item
61 commences on the later of the start of the 28th day after Royal Assent
and immediately after the commencement of item 46 of Schedule 9 to the
National Security Legislation Amendment Act 2010. Items 62 to 139 commence
28 days after Royal Assent.
Schedule 7 to the Bill amends a number of Acts to replace references to the
"Secretary to" a Department with references to the "Secretary of" a
Department. Items 1 to 147 commence 28 days after Royal Assent. Item 148
commences on the later of the start of the 28th day after Royal Assent and
immediately after the commencement of item 2 of Schedule 4 to the Financial
Framework Legislation Amendment Act 2010.
Schedule 8 to the Bill amends a number of Acts to replace references to
Departments administering Acts with terminology that makes it clear that
Ministers, rather than Departments, administer Acts. The Schedule is to
commence 28 days after Royal Assent.
Clause 3-Schedule(s)
Clause 3 provides that each Act specified in a Schedule to the Act is
amended or repealed as set out in the applicable items in the Schedule and
any other item in a Schedule has effect according to its terms. This is a
technical provision to give operational effect to the amendments contained
in the Schedules.
Schedule 1-Amendment of principal Acts
The items in this Schedule amend errors contained in principal Acts.
Item 1
Subclause 28(2) of Schedule 4 to the Aboriginal and Torres Strait Islander
Commission Act 1989 (which was later renamed the Aboriginal and Torres
Strait Islander Act 2005) was repealed by the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act 2003, leaving
only the text of subclause 28(1). This item removes the redundant subclause
number (1).
Item 2
Paragraph 2(f) of Schedule 3 to the Administrative Decisions (Judicial
Review) Act 1977 refers to Part 2 of Schedule 1 to the Trade Practices Act
1974. That Part was repealed by item 48 of Schedule 1 to the Statute
Stocktake (Regulatory and Other Laws) Act 2009, so the paragraph is
redundant. This item repeals that paragraph.
Item 3
Paragraph 29-1(1)(a) of the Aged Care Act 1997 refers to section 28-2 of
that Act. Item 22 of Schedule 1 to the Aged Care Amendment (Residential
Care) Act 2007 repealed section 28-2 and replaced it with a new section 27-
5. Paragraph 29-1(1)(a) should refer to the new section. This item corrects
the cross-reference.
Item 4
Paragraph 63-1(1)(h) of the Aged Care Act 1997 refers to section 28-2 of
that Act. Item 22 of Schedule 1 to the Aged Care Amendment (Residential
Care) Act 2007 repealed section 28-2 and replaced it with a new section 27-
5. Paragraph 63-1(1)(h) should refer to the new section. This item corrects
the cross-reference.
Item 5
Table item 30 in section 85-1 of the Aged Care Act 1997 refers to
section 28-2 of that Act. Item 22 of Schedule 1 to the Aged Care Amendment
(Residential Care) Act 2007 repealed section 28-2 and replaced it with a
new section 27-5. Table item 30 should refer to the new section. This item
corrects the cross-reference.
Item 6
Subparagraph (c)(iii) of the definition of "income tax refund" in
subsection 3(1) of the A New Tax System (Family Assistance)
(Administration) Act 1999 refers to subsection 12ZN(1) of the Student
Assistance Act 1973. Item 920 of Schedule 2 to the Tax Laws Amendment
(Repeal of Inoperative Provisions) Act 2006 omitted the "(1)" at the start
of subsection 12ZN(1) of the Student Assistance Act 1973, as it was the
only subsection in section 12ZN. So the reference in subparagraph (c)(iii)
to "subsection 12ZN(1)" should be a reference to "section 12ZN". This item
corrects the cross-reference.
Item 7
Paragraph (d) of the definition of "income tax refund" in subsection 3(1)
of the A New Tax System (Family Assistance) (Administration) Act 1999
refers to the "refundable tax offset rules under Division 67 of the Income
Tax Assessment Act". The refundable tax offset rules are not in Division 67
of the Income Tax Assessment Act 1997. Division 67 sets out which tax
offsets are subject to the refundable tax offset rules. This item amends
the definition so that it clarifies the cross-reference.
Item 8
Section 103 of the A New Tax System (Family Assistance) (Administration)
Act 1999 deals with determinations under subsections 77(3) and 78(3).
Sections 77 and 78 were repealed and substituted, and a new section 78A
inserted, by the Family and Community Services and Veterans' Affairs
Legislation Amendment (Debt Recovery) Act 2001. The effect of section 103
is reproduced in section 78A and therefore section 103 is redundant. This
item repeals that section.
Item 9
The note to section 38 of the Australian Securities and Investments
Commission Act 2001 refers to failure to comply with a requirement made
under this "subsection" being an offence. As the section is not broken up
into subsections, this reference should instead be to a requirement made
under this "section". This item corrects the cross-reference.
Item 10
Subsection 40(1) of the Broadcasting Services Act 1992 contains a reference
to section 28 of that Act. Section 28 was repealed by item 7 of Schedule 2
to the Broadcasting Legislation Amendment (Digital Television) Act 2006, so
the reference to section 28 is redundant. This item removes the cross-
reference.
Items 11 to 14
Section 9 and subsections 11(1) and 13(1) (the original provisions) of the
Civil Aviation (Carriers' Liability) Amendment Act 1991 (the amending Act)
as originally enacted would have inserted a Part IIIB into the Civil
Aviation (Carriers' Liability) Act 1959 (the Carriers' Liability Act) to
implement the Montreal Protocol No. 3 (the Protocol) which implements the
Montreal No. 3 Convention (the Convention).
Subsection 2(2) of the amending Act as originally enacted provided that the
original provisions would commence on a day to be fixed by proclamation,
being a day not earlier than that on which the Protocol enters into force
for Australia.
The Protocol, and thus also the Convention, never came into force, and the
Convention has been superseded by a later convention. As a result, the
original provisions did not commence and were redundant. The original
provisions, and subsection 2(2) of the amending Act, were repealed by
items 8 to 10 of Schedule 1 to the Statute Stocktake (Regulatory and Other
Laws) Act 2009, so that the proposed Part IIIB could not be inserted into
the Carriers' Liability Act.
Section 3 of the amending Act inserted definitions of "the Montreal No. 3
Convention" and "the Montreal Protocol No. 3" into subsection 5(1) of the
Carriers' Liability Act. For the above reasons those definitions are
redundant. Items 11 and 12 repeal those definitions.
Section 15 of the amending Act inserted a copy of the Convention into
Schedule 4 to the Carriers' Liability Act. For the above reasons that
Schedule is redundant. Item 14 repeals that Schedule.
Section 4 of the amending Act inserted a reference to Schedule 4 into
paragraph 8(1)(d) of the Carriers' Liability Act. Because of the repeal of
Schedule 4 to the Carriers' Liability Act made by item 14, that paragraph
is redundant. Item 13 repeals that paragraph.
Item 15
Paragraph (c) of the definition of "contributory" in section 9 of the
Corporations Act 2001 refers to section 385 of that Act. The reference to
section 385 is a reference to a provision that existed in the Corporations
Law (which was set out in section 82 of the Corporations Act 1989). Section
385 was repealed by item 8 of Schedule 1 to the Company Law Review Act
1998. This item corrects the cross-reference.
Item 16
This item changes the capitalisation of the word "Internet" in the
definition of "publish" in section 9 of the Corporations Act 2001. The term
appears uncapitalised in the Macquarie Dictionary. This item ensures that
use of the expression aligns with practical everyday usage to reflect usage
of the term as a common noun with an initial lower case "i".
Item 17
Subparagraph (a)(i) of the definition of "special resolution" in section 9
of the Corporations Act 2001 refers to paragraph 249L(c), rather than
paragraph 249L(1)(c). This item corrects the cross-reference.
Item 18
Table item 3 of the definition of "State Fair Trading Act" in section 9 of
the Corporations Act 2001 refers to the "Fair Trading Act 1987" of
Queensland. There is no such Act. This item amends that table item so that
it refers to the Fair Trading Act 1989 of Queensland instead.
Items 19 and 20
Section 58AA of the Corporations Act 2001 contains definitions about
courts. Subsection 58AA(2) refers to Part 9.7, which is about unclaimed
property. Instead, it should refer to Part 9.6A, which is about
jurisdiction and procedure of courts. Items 19 and 20 correct the cross-
references.
Item 21
Section 995 of the Corporations Act 2001 was repealed by item 1 of
Schedule 1 to the Financial Services Reform Act 2001. The note to paragraph
11.3 of the small business guide in Part 1.5 of the Corporations Act 2001
retains a reference to section 995. The Explanatory Memorandum to the
Financial Services Reform Bill 2001 notes that section 1041H replaces
section 995. This item corrects the cross-reference.
Item 22
Table item 6 of note 2 to subsection 112(2) of the Corporations Act 2001
incorrectly refers to section 610BA. No such provision exists in the Act.
The table item should instead refer to section 601BA. This item corrects
the cross-reference.
Items 23 and 24
The Corporations Act 2001 requires a company that changes its name during,
or 6 months prior to, its external administration to disclose its former,
as well as its current, name on all public documents and negotiable
instruments for the duration of the period of administration, or any
subsequent liquidation. Only a deed administrator may apply to the court
for leave not to comply with this requirement, for which provision is
intended to be made in subsection 161A(3) of that Act. Subparagraph
161A(1)(b)(iv) of the Corporations Act 2001 provides for this circumstance;
however, subsection 161A(3) incorrectly refers to subparagraph (1)(b)(iii)
instead. Similarly, subsection 161A(2) incorrectly refers to subparagraph
161A(1)(b)(iv) rather than subparagraph 161A(1)(b)(iii). Items 23 and 24
correct the cross-references.
Items 25 and 26
Item 1 of Schedule 1 to the Financial Services Reform Act 2001 repealed all
of Chapters 7 and 8 of the Corporations Act 2001 and substituted those
provisions with provisions in similar terms. Sections 1092 and 1091C were
in Division 2 of Part 7.13 in Chapter 7. The sections were re-enacted in
similar terms as sections 1071D and 1072E (respectively). The cross-
references in note 1 to subsection 169(3) of the Corporations Act 2001
incorrectly refer to the repealed sections. Items 25 and 26 correct the
cross-references.
Item 27
Subsection 257B(8) of the Corporations Act 2001 incorrectly refers to
paragraph (7)(b) of the section. Subsection 257B(7) was repealed and a new
subsection was substituted by item 350 of Schedule 1 to the Financial
Services Reform Act 2001. Prior to that amendment, subsection (7) contained
paragraphs. The substituted subsection did not. This item corrects the
cross-reference.
Item 28
Section 306 of the Corporations Act 2001 contains 2 instances of
subsection (2). This item renumbers the subsection (2) that was inserted
into that section by item 92 of Schedule 1 to the Corporate Law Economic
Reform Program (Audit Reform and Corporate Disclosure) Act 2004 as
subsection (1A).
Item 29
This item replaces references to "web site" (expressed as 2 words) in
section 314 of the Corporations Act 2001, with references to "website"
(expressed as one word). This aims to ensure consistent use of language
when describing websites.
Items 30 to 32
Items 30 to 32 change the capitalisation of the word "Internet" in
sections 323EK and 354 of the Corporations Act 2001. The term appears
uncapitalised in the Macquarie Dictionary. These items ensure that use of
the expression aligns with practical everyday usage to reflect usage of the
term as a common noun with an initial lower case "i".
Item 33
This item replaces references to "an Internet site" in section 579J of the
Corporations Act 2001 with references to "a website". This aims to ensure
consistent use of language when describing websites.
Item 34
This item replaces references to "an Internet site" in section 579K of the
Corporations Act 2001 with references to "a website". This aims to ensure
consistent use of language when describing websites.
Item 35
Items 381 and 382 of Schedule 1 to the Financial Services Reform Act 2001
repealed parts of section 635 of the Corporations Act 2001 and substituted
new provisions. As part of those amendments the language of that section
was altered and entities referred to as "securities exchanges" under the
section prior to amendment were referred to as "market operators". A
consequential amendment to table item 8 in subsection 635(1) of the
Corporations Act 2001 was required, but the change was not made. This item
corrects the table item.
Items 36 to 39
Section 995 of the Corporations Act 2001 was repealed by item 1 of
Schedule 1 to the Financial Services Reform Act 2001. The following
provisions retain cross-references to section 995:
a) note 2 to subsection 670A(1) of the Corporations Act 2001;
b) the note to subsection 670B(3) of that Act;
c) note 3 to subsection 728(1) of that Act;
d) the note to subsection 729(4) of that Act.
The Explanatory Memorandum to the Financial Services Reform Bill 2001 notes
that section 1041H replaces section 995. Items 36 to 39 correct the cross-
references in the provisions mentioned above.
Items 40 to 48
Items 40 to 48 change the capitalisation of the word "Internet" in several
provisions of the Corporations Act 2001. The term appears uncapitalised in
the Macquarie Dictionary. These items ensure that use of the expression
aligns with practical everyday usage to reflect usage of the term as a
common noun with an initial lower case "i".
Item 49
When the Corporations Act 2001 was enacted, section 1390 included a
transitional provision to preserve the effect of certain nominations made
under section 67 of the Corporations Act 1989, as in force immediately
before the commencement of the Corporations Act 2001. Section 67 of the
Corporations Act 1989 was re-enacted in similar terms as section 890A of
the Corporations Act 2001 (by the Financial Services Reform Act 2001).
Section 1390 should cross-refer to section 890A, but erroneously refers to
section 925A. This item corrects the cross-reference.
Item 50
Section 791 of the Corporations Act 2001 was repealed by the Financial
Services Reform Act 2001. The cross-reference to that section in
section 1417 of the Corporations Act 2001 should be a reference to
section 791A. This item corrects the cross-reference.
Items 51 to 53
Items 51 to 53 change the capitalisation of the word "Internet" in
sections 1437, 1438 and 1442 of the Corporations Act 2001. The term appears
uncapitalised in the Macquarie Dictionary. These items ensure that use of
the expression aligns with practical everyday usage to reflect usage of the
term as a common noun with an initial lower case "i".
Item 54
Paragraphs 11(1)(a) and (2)(a) of the Customs Act 1901 contain a reference
to "Division 1A of Part XII" of that Act. Division 1A of Part XII was
repealed by Schedule 1 to the Surveillance Devices Act 2004. As a result,
the paragraphs are redundant. This item removes those paragraphs.
Item 55
Paragraph 11(2)(b) of the Customs Act 1901 refers to the performance of
functions under "that Subdivision". No particular Subdivision is referred
to in that paragraph. On its face, the reference will be a reference to the
Subdivision of that Act mentioned in the preceding paragraph, that is,
Subdivision DA of Division 1 of Part XII. No functions are conferred on
Magistrates under that Subdivision. The cross-reference is instead intended
to be a cross-reference to Subdivision C of Division 1B of Part XII of that
Act. This item corrects the cross-reference.
Item 56
Subsection 132C(1) of the Customs Act 1901 provides:
(1) The CEO may, by writing under his or her hand, revoke or vary a
quota order at any time before:
(a) the expiration of the declared period to which the quota order
relates; or
(b) the expiration of the period within which, under regulations
made by virtue of section 132E, application may be made for the review of
the quota order;
whichever last occurs.
Section 132E of the Customs Act 1901 was repealed by the Statute Law
Revision Act 1981, so paragraph 132C(1)(b) is redundant. This item
substitutes subsection 132C(1) to remove the redundant paragraph.
Item 57
Subsection 269SHA(1) of the Customs Act 1901 deals with applications for
review of decisions under section 269SH. Subsection 269SHA(1) incorrectly
refers to decisions under subsection 269SH(1) or (4). Decisions under
section 269SH are made under subsection 269SH(4) or (5). This item corrects
the cross-reference.
Subsection 269SHA(1) of the Customs Act 1901 contains a cross-reference to
"subsection 269SH(l3)". In "269SH(13)", the Arabic numeral "1" is
represented by the letter "l". This item corrects that typographical error.
Item 58
Schedule 10 to the Workplace Relations Act 1996 dealt with the transitional
registration of State-registered associations. It was amended by
Schedule 22 to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (the amending Act) and is now Schedule 1 to the Fair
Work (Registered Organisations) Act 2009 (the Registered Organisations
Act). The amendments made by Part 2 of Schedule 22 to the amending Act
replaced the references in Schedule 1 to the Registered Organisations Act
to registration, with references to recognition. The reference to
"registered" in subparagraph 5(5)(b)(i) of Schedule 1 to the Registered
Organisations Act was overlooked. This item amends that subparagraph to
correct this oversight.
Item 59
Subsection 48(2) of the Great Barrier Reef Marine Park Act 1975 contains 2
subparagraphs and no paragraphs. This item converts the subparagraphs into
paragraphs. Subparagraph 48(2)(ii) incorrectly contains the number "6666".
That number is redundant. This item corrects that error by omitting the
number "6666".
Items 60 and 61
The word "who" in the opening text of paragraph 36(a) of the Healthcare
Identifiers Act 2010 applies to subparagraph 36(a)(i) but not subparagraph
36(a)(ii). Items 60 and 61 omit the word from the opening text of the
paragraph and insert it at the beginning of subparagraph (i).
Items 62 and 63
The word "who" in the opening text of paragraph 36(c) of the Healthcare
Identifiers Act 2010 applies to subparagraph 36(c)(i) but not subparagraph
36(c)(ii). Items 62 and 63 omit the word from the opening text of the
paragraph and insert it at the beginning of subparagraph (i).
Item 64
Subsection 3C(3) of the Health Insurance Act 1973 refers to a determination
made under section 4A of that Act. The Community Services and Health
Legislation Amendment Act 1989 repealed and substituted section 4A and
removed the power of the Minister to make a determination under that
section. As a result, the reference to determinations made under section 4A
is redundant. This item removes the redundant cross-reference.
Item 65
Subclause 98(1) of Schedule 1A to the Higher Education Support Act 2003
provides that the Secretary may delegate all or any of the powers of the
Secretary under clause 99 of that Schedule. Clause 99 provides that the
Minister may make Guidelines. Clause 99 itself does not confer any powers
on the Secretary. Subclause 98(1) should have referred to the powers of the
Secretary under any Guidelines made under clause 99. This item corrects
that error.
Heading to section 106 of the Law Enforcement Integrity Commissioner Act
2006
Section 106 of the Law Enforcement Integrity Commissioner Act 2006 deals
with receipts for things seized under section 105 of that Act. Section 105
deals with the power to enter places without a search warrant. Sections 105
and 106 are contained in Division 3 which is headed "Entering certain
places during an investigation without a search warrant". The heading to
section 106 incorrectly refers to receipts of things seized under warrant.
The note appearing after the heading referring to that Act corrects the
heading to section 106.
Item 66
Paragraph 158(2)(h) of the National Consumer Credit Protection Act 2009
provides that a credit representative's credit guide must include "contact
details for a consumer to access the approved external dispute resolution
scheme of which the credit representative's is a member". This item
corrects that grammatical error.
Item 67
Subparagraphs 72(3)(b)(i) and 94(2)(b)(i) of Schedule 1 to the National
Consumer Credit Protection Act 2009 incorrectly refer to "approved external
resolution scheme". The defined term in subsection 204(1) of that Schedule
is "approved external dispute resolution scheme". This item amends the
subparagraphs so that they correctly refer to "approved external dispute
resolution scheme".
Item 68
Subsection 95(3) of Schedule 1 to the National Consumer Credit Protection
Act 2009 deals with giving written notice of the conditions of a
postponement. The subsection refers to the "consequences under
subsection (5) if the conditions of the postponement are not complied
with". Subsection 95(5) does not set out consequences if the conditions of
the postponement are not complied with. Subsection 95(3) should refer to
subsection 95(6) of the Act. This item corrects the cross-reference.
Item 69
Section 207 of the Native Title Act 1993 provides that Part 12 of that Act
ceases to be in force on 23 March 2006. As a result, the Part is redundant.
This item removes the redundant Part.
Item 70
Subsection 3(1) of the Ombudsman Act 1976 defines "case manager" as having
the same meaning as in the Employment Services Act 1994. The Employment
Services Act 1994 was repealed by the Financial Framework Legislation
Amendment Act (No. 1) 2006. As a result, the concept of a "case manager" is
redundant and the definition is therefore redundant. This item removes the
redundant definition.
Item 71
Subsection 3(1) of the Ombudsman Act 1976 defines "eligible case manager"
by reference to the Employment Services Act 1994. The Employment Services
Act 1994 was repealed by the Financial Framework Legislation Amendment Act
(No. 1) 2006. As a result, the concept of an "eligible case manager" is
redundant and the definition is therefore redundant. This item removes the
redundant definition.
Item 72
Subsection 3(1) of the Ombudsman Act 1976 defines "ESRA" as meaning the
Employment Services Regulatory Authority established under the Employment
Services Act 1994. The Employment Services Act 1994 was repealed by the
Financial Framework Legislation Amendment Act (No. 1) 2006. As a result,
the concept of "ESRA" is redundant and the definition is therefore
redundant. This item removes the redundant definition.
Item 73
This item is consequential on item 71.
Item 74
This item is consequential on item 71.
Item 75
This item is consequential on item 71.
Item 76
This item is consequential on item 71.
Item 77
This item is consequential on item 71.
Item 78
This item is consequential on item 71.
Item 79
This item is consequential on item 71.
Item 80
This item is consequential on item 71.
Item 81
This item is consequential on item 77.
Item 82
This item is consequential on item 71.
Item 83
This item is consequential on item 71.
Item 84
This item is consequential on item 72.
Item 85
This item is consequential on item 84.
Item 86
This item is consequential on items 70 and 72.
Item 87
Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989 sets out the Vienna Convention for the Protection of the Ozone
Layer. Subparagraph 2(d)(ii) of Annex I to that Convention refers to
"ClOx". The text as set out in Schedule 2 does not accord with the text of
the actual agreement. In the word "ClOx" in Schedule 2, the letter "l" is
incorrectly represented by the Arabic numeral "1". This item corrects that
error.
Item 88
Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989 sets out the Vienna Convention for the Protection of the Ozone
Layer. Paragraph 4(c) of Annex I to that Convention refers to the
substances "CCl4", "CFCl3", "CF2Cl2", "C2F3Cl3", "C2F4Cl2", "ClOx",
"CH3Cl", "CHF2Cl", "CH3CCl3" and "CHFCl2". The text as set out in
Schedule 2 does not accord with the text of the actual agreement. In each
of the references mentioned above, the letter "l" is incorrectly
represented by the Arabic numeral "1". In the references to "ClOx" the
letter "O" is incorrectly represented by the Arabic numeral "0". This item
corrects those errors.
Item 89
Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989 sets out the Vienna Convention for the Protection of the Ozone
Layer. Paragraph 4(d) of Annex I to that Convention refers to the substance
"BrOx". The text as set out in Schedule 2 does not accord with the text of
the actual agreement. In the word "BrOx" in Schedule 2, the letter "O" is
incorrectly represented by the Arabic numeral "0". This item corrects that
error.
Item 90
Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989 sets out the Vienna Convention for the Protection of the Ozone
Layer. Paragraph 4(d) of Annex I to that Convention refers to the substance
"ClOx". The text as set out in Schedule 2 does not accord with the text of
the actual agreement. In the word "ClOx" in Schedule 2, the letter "l" is
incorrectly represented by the Arabic numeral "1", and the letter "O" is
incorrectly represented by the Arabic numeral "0". This item corrects those
errors.
Item 91
Schedule 2 to the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989 sets out the Vienna Convention for the Protection of the Ozone
Layer. Subparagraph 4(e)(ii) of Annex I to that Convention refers to the
substance "H2O". The text as set out in Schedule 2 does not accord with the
text of the actual agreement. In the word "H2O" in Schedule 2, the letter
"O" is incorrectly represented by the Arabic numeral "0". This item
corrects that error.
Item 92
Paragraph 51(1)(b) of the Plant Breeder's Rights Act 1994 refers to a copy
of an order of a court given under section 55 of the Act revoking a right.
Section 55 does not relate to orders revoking rights. Paragraph 51(1)(b)
should refer to subsection 54(3) of the Act. This item corrects the cross-
reference.
Item 93
Subsection 17(3) of the Privacy Act 1988 deals with the application of
section 48 of the Acts Interpretation Act 1901 to guidelines issued under
subsection 17(1) of the Privacy Act 1988. Section 48 of the Acts
Interpretation Act 1901 was repealed by the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act 2003. Therefore
subsection 17(3) is redundant. This item repeals the redundant subsection.
Item 94
This item is consequential on item 95.
Item 95
Subsection 80(2) of the Privacy Act 1988 deals with the application of
section 48 of the Acts Interpretation Act 1901 to determinations referred
to in paragraph 78(a) of the Privacy Act 1988. Section 48 of the Acts
Interpretation Act 1901 was repealed by the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act 2003. Therefore
subsection 80(2) is redundant. This item repeals the redundant subsection.
Item 96
This item is consequential on item 97.
Item 97
Section 333 of the Proceeds of Crime Act 2002 defines "conviction day".
Before the enactment of the Crimes Legislation Amendment (Serious and
Organised Crime) Act (No. 2) 2010 (the amending Act), paragraph 333(1)(a)
of the Proceeds of Crime Act 2002 referred to "the day on which the person
was convicted of the offence". Subsection 333(2) clarifies the meaning of
those words. The amending Act amended paragraph 333(1)(a) of the Proceeds
of Crime Act 2002 so that it instead refers to "the day on which a court
passes sentence for the offence", making subsection 333(2) redundant. This
item repeals the redundant subsection.
Item 98
Section 335 of the Proceeds of Crime Act 2002 contains 2 subsections (7).
This item renumbers the subsection (7) that was inserted into that section
by item 29 of Schedule 1 to the Crimes Legislation Amendment (Serious and
Organised Crime) Act 2010 as subsection (9).
Item 99
Item 38 of Schedule 1 to the Crimes Legislation Amendment (Serious and
Organised Crime) Act 2010 inserted a definition of "suspect" into
section 338 of the Proceeds of Crime Act 2002. The definition was intended
to replace a definition of "suspect" (the original definition) that was
already contained in the section. The original definition was not repealed.
This item repeals the unnecessary original definition.
Item 100
Schedule 1 to the Protection of the Sea (Civil Liability) Act 1981 sets out
the International Convention on Civil Liability for Oil Pollution Damage.
Paragraph (1)(a) of Article VI of that Convention reads "against any other
assets". The text as set out in Schedule 1 does not accord with the text of
the actual Convention as it reads "against any other other assets". This
item corrects that error.
Item 101
Subparagraph 8(8)(y)(viia) refers to veterans supplement "under Part VIIA
of that Act". The preceding subparagraph, subparagraph 8(8)(y)(viiab),
refers to the Military Rehabilitation and Compensation Act. This means the
words "that Act" in subparagraph (viia) must be read as a reference to the
Military Rehabilitation and Compensation Act. Those words, and the words
"that Act" in subparagraphs (viib), (viii), (ix) and (x), should be
referring to the Veterans' Entitlements Act. This item corrects the
reference in subparagraph (viia), and also has the effect of correcting the
references in subparagraphs (viib), (viii), (ix) and (x).
Item 102
Subparagraph 8(8)(y)(viii) of the Social Security Act 1991 refers to a
bereavement payment under Part III, or section 98A, of the Veterans'
Entitlements Act 1986. Schedule 8 to the Veterans' Affairs Legislation
Amendment (1995-96 Budget Measures) Act (No. 2) 1995 repealed the
provisions of Part III of the Veterans' Entitlements Act 1986 relating to
bereavement payment and replaced them with a new Division 12A of Part IIIB
in the Veterans' Entitlements Act 1986. Subparagraph 8(8)(y)(viii) should
refer to Part IIIB, instead of Part III, of the Veterans' Entitlements Act
1986. This item corrects that cross-reference.
Item 103
Paragraph (b) of the definition of "family law order" in subsection 23(1)
of the Social Security Act 1991 refers to "a family violence order within
the meaning of section 4 of that Act". No particular Act is referred to in
the definition. A "family violence order" is defined in section 4 of the
Family Law Act 1975. Paragraph (b) of the definition of "family law order"
in subsection 23(1) of the Social Security Act 1991 should refer to the
Family Law Act 1975. This item corrects that cross-reference, and also has
the effect of correcting the references to "that Act" in paragraphs (c) and
(d) of the definition.
Item 104
Note 18 to subsection 593(1) of the Social Security Act 1991 provides that
the operation of section 593 is modified by section 45 of the Employment
Services Act 1994. The Employment Services Act 1994 was repealed by the
Financial Framework Legislation Amendment Act (No. 1) 2006. Therefore the
note is redundant. This item repeals the note.
Item 105
This item is consequential on item 106.
Item 106
Note 2 to subsection 601(5) of the Social Security Act 1991 provides that
the operation of section 601 is modified by section 45 of the Employment
Services Act 1994. The Employment Services Act 1994 was repealed by the
Financial Framework Legislation Amendment Act (No. 1) 2006. Therefore the
note is redundant. This item repeals the note.
Item 107
This item is consequential on item 108.
Item 108
Note 2 to subsection 613(2) of the Social Security Act 1991 provides that
the operation of section 613 is modified by section 45 of the Employment
Services Act 1994. The Employment Services Act 1994 was repealed by the
Financial Framework Legislation Amendment Act (No. 1) 2006. Therefore the
note is redundant. This item repeals the note.
Item 109
Subsection 1067D(2) of the Social Security Act 1991 provides that in making
a determination under paragraph 1067D(1)(c) of that Act the Secretary may
have regard to any advice given by a case manager to whom the person has
been referred under Part 4.3 of the Employment Services Act 1994. The
Employment Services Act 1994 was repealed by the Financial Framework
Legislation Amendment Act (No. 1) 2006. Therefore subsection 1067D(2) is
redundant. This item repeals the subsection.
Items 110 and 111
Section 23 of the Social Security Act 1991 defines "Veterans' Entitlements
Act". Subparagraph 1209Q(1)(b)(ii) of the Social Security Act 1991, and
paragraph 63(3)(a) of Schedule 1A to that Act, incorrectly contain
references to the "Veterans' Entitlement Act". Items 110 and 111 correct
those typographical errors.
Item 112
Paragraph 355(1)(c) of the Student Assistance Act 1973 provides for the
disclosure of information to a contracted case manager within the meaning
of the Employment Services Act 1994. The Employment Services Act 1994 was
repealed by the Financial Framework Legislation Amendment Act (No. 1) 2006.
Therefore paragraph 355(1)(c) is redundant. This item repeals the
paragraph.
Item 113
Paragraph 7A(1)(e) of the Veterans' Entitlements Act 1986 refers to a
period of hostilities specified in paragraph 5B(1)(b) of the definition of
"period of hostilities". The definition of "period of hostilities" is
contained in subsection 5B(1) of the Act. There is no paragraph 5B(1)(b) of
the definition of "period of hostilities". Paragraph 7A(1)(e) was intended
to refer to paragraph (b) of the definition of "period of hostilities" in
subsection 5B(1). This item corrects that cross-reference.
Item 114
Note 7 to step 11 in method statement 1 of point SCH6-A1 of Schedule 6 to
the Veterans' Entitlements Act 1986 refers to subsection 58A(4) of that
Act. The note points readers to the provision dealing with the minimum
amount of a fortnightly instalment of pension. Section 58A was repealed and
substituted by the Payment Processing Legislation Amendment (Social
Security and Veterans' Entitlements) Act 1998. As substituted, subsection
58A(9), not subsection 58A(4), deals with the minimum amount of a
fortnightly instalment of pension. This item corrects the cross-reference
in the note.
Item 115
Step 4 in method statement 2 of point SCH6-A1 of Schedule 6 to the
Veterans' Entitlements Act 1986 contains a cross-reference to "Steps 2, 2A
and 2A". This item removes the duplicate cross-reference to Step 2A.
Items 116 and 117
Note 2 to step 7 in method statement 2, and note 7 to step 12 in method
statement 5, of point SCH6-A1 of Schedule 6 to the Veterans' Entitlements
Act 1986 refer to subsection 58A(4) of that Act. The notes point readers to
the provision dealing with the minimum amount of a fortnightly instalment
of pension. Section 58A was repealed and substituted by the Payment
Processing Legislation Amendment (Social Security and Veterans'
Entitlements) Act 1998. As substituted, subsection 58A(9), not subsection
58A(4), deals with the minimum amount of a fortnightly instalment of
pension. Items 116 and 117 correct the cross-references in the notes.
Item 118
Section 4 of the Water Act 2007 defines "tradeable water rights".
Subsections 37(1) and 61(1) of that Act incorrectly contain references to a
"tradable water right". This item corrects that typographical error.
Item 119
Subsections 73(3) to (6) of the Water Act 2007 are about engaging in a
mediation process. Paragraph 73(4)(b) of that Act incorrectly refers to
"meditation" instead of "mediation". This item corrects that typographical
error.
Schedule 2-Amendment of amending Acts
The items in this Schedule relate to misdescribed or redundant amendments,
or errors, contained in amending Acts.
Item 1
Item 104A of Schedule 1 to the Broadcasting Legislation Amendment (Digital
Television) Act 2010 purports to amend paragraph 38(4A)(b) of Schedule 34
to the Broadcasting Services Act 1992. However, the amendment was
misdescribed as there is no Schedule 34 to the Broadcasting Services Act
1992. This item corrects the misdescription so that the item heading of
item 104A correctly refers to Schedule 4 to the Broadcasting Services Act
1992.
Item 2
Item 182 of Schedule 1 to the Crimes Legislation Amendment (Serious and
Organised Crime) Act (No. 2) 2010 misdescribed text in the Proceeds of
Crime Act 2002 that was to be omitted by that item. Instead of referring to
"it may also be dealt with", item 182 referred to "it may be dealt with",
so the misdescribed amendment could not be made. This item corrects the
misdescription of text.
Item 3
This item is consequential on item 4.
Item 4
Items 94 to 110 of Schedule 3 to the Disability Discrimination and Other
Human Rights Legislation Amendment Act 2009 purport to amend provisions of
the Workplace Relations Act 1996 that refer to the Human Rights and Equal
Opportunity Commission Act 1986. However, the provisions of the Workplace
Relations Act 1996 were repealed by the Fair Work (Transitional Provisions
and Consequential Amendments) Act 2009 before the purported amendments made
by the Disability Discrimination and Other Human Rights Legislation
Amendment Act 2009 commenced, and so the amending items in the Disability
Discrimination and Other Human Rights Legislation Amendment Act 2009 are
redundant. This item repeals the redundant amending items.
Item 5
Table item 11 of the commencement table in section 2 of the Electoral and
Referendum Amendment (Modernisation and Other Measures) Act 2010 deals with
the commencement of Part 2 of Schedule 6 to that Act. The Electoral and
Referendum Amendment (Modernisation and Other Measures) Bill 2010 was
amended when it was before the Parliament to remove Part 2 of Schedule 6 to
that Bill, so table item 11 of the commencement table is redundant. This
item repeals the redundant table item.
Item 6
Item 151 of Schedule 2 to the Electoral and Referendum Amendment (Pre-poll
Voting and Other Measures) Act 2010 misdescribed text in the Commonwealth
Electoral Act 1918 that was to be omitted by that item. Instead of
referring to "notifies a person", item 151 referred to "notifies the
person", so the misdescribed amendment could not be made. This item
corrects the misdescription of text.
Item 7
This item is consequential on item 8.
Item 8
Items 9 and 10 of Schedule 3 to the Evidence Amendment Act 2008 purport to
amend clause 5 of Schedule 2 to the Workplace Relations Act 1996. However,
that clause was repealed by the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 before the purported amendments made by
the Evidence Amendment Act 2008 commenced, and so the amending items in the
Evidence Amendment Act 2008 are redundant. This item repeals the redundant
amending items.
Item 9
Item 4 of Schedule 19 to the Fair Work (State Referral and Consequential
and Other Amendments) Act 2009 purports to omit and substitute text from
section 179 of the Military Rehabilitation and Compensation Act 2004. The
text to be omitted occurs twice in section 179. Item 4 does not identify
which occurrence is to be omitted and substituted. This item corrects the
amending item in order to make certain the location of the text to be
omitted and substituted.
Item 10
Subitem 20A(5) of Schedule 18 to the Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 refers to the period mentioned in
subsection (1). This item corrects that cross-reference to refer to
subitem (1), instead of subsection (1).
Schedule 3-Repeal of obsolete Acts
The items in this Schedule repeal obsolete Acts.
Item 1
Item 1 repeals the Road Transport Reform (Heavy Vehicles Registration) Act
1997. That Act was enacted by the Commonwealth on behalf of the Australian
Capital Territory (the ACT). The Act was designed to help deliver
nationally consistent provisions about the registration of heavy vehicles
by enabling all other jurisdictions to adopt or reference the national
legislation within their respective legislative arrangements. The Inter-
Governmental Agreement for Regulatory and Operational Reform in Road, Rail
and Intermodal Transport specifies that agreed national reforms in the form
of model legislation will be implemented in all jurisdictions within their
own legislative framework. The Inter-Governmental Agreement also provides
that the Commonwealth, in agreement with the ACT and other relevant
parties, will, as soon as is practicable, repeal any road transport
legislation that has been enacted by the Commonwealth on behalf of the ACT.
The Act does not have any legal force in its own right and the ACT has
since introduced its own legislation for heavy vehicle registration, so the
Act is obsolete.
Item 2
Item 2 repeals the Road Transport Reform (Vehicles and Traffic) Act 1993.
That Act was enacted by the Commonwealth on behalf of the Australian
Capital Territory (the ACT). The Act was designed to help deliver
nationally consistent road transport laws by enabling all other
jurisdictions to adopt or reference the national legislation within their
respective legislative arrangements. The Inter-Governmental Agreement for
Regulatory and Operational Reform in Road, Rail and Intermodal Transport
specifies that agreed national reforms in the form of model legislation
will be implemented in all jurisdictions within their own legislative
framework. The Inter-Governmental Agreement also provides that the
Commonwealth, in agreement with the ACT and other relevant parties, will,
as soon as is practicable, repeal any road transport legislation that has
been enacted by the Commonwealth on behalf of the ACT. The Act does not
have any legal force in its own right, so the Act is obsolete.
Item 3
Item 3 repeals the States and Northern Territory Grants (Rural Adjustment)
Act 1979. That Act provides for financial assistance to be payable to a
State or the Northern Territory in accordance with the agreement set out in
the Schedule to the States Grants (Rural Adjustment) Act 1976 as amended by
the agreement set out in the Schedule to the States and Northern Territory
Grants (Rural Adjustment) Act 1979. Financial assistance is no longer being
paid under the Act, and all amounts payable to the Commonwealth under the
Act have been paid, so the Act is obsolete.
Item 4
Item 4 repeals the States and Northern Territory Grants (Rural Adjustment)
Act 1985. That Act provides for financial assistance to be payable to a
State or the Northern Territory in accordance with the agreements set out
in the Schedules to the Act. Financial assistance is no longer being paid
under the Act, and all amounts payable to the Commonwealth under the Act
have been paid, so the Act is obsolete.
Item 5
Item 5 repeals the States Grants (Beef Industry) Act 1975, which provides
for financial assistance to be payable to a State in relation to beef
producers. The Act was intended to provide financial assistance for only a
2 year period. Financial assistance is no longer paid under the Act, and
the Act is obsolete.
Item 6
Item 6 repeals the States Grants (Rural Adjustment) Act 1976, which
provides for financial assistance to be payable to a State in accordance
with the agreement set out in the Schedule to the Act. Financial assistance
is no longer being paid under the Act, and all amounts payable to the
Commonwealth under the Act have been paid, so the Act is obsolete.
Item 7
Item 7 repeals the States Grants (Rural Adjustment) Act 1988, which
provides for financial assistance to be payable to a State in accordance
with the agreements set out in the Schedule to the Act. Financial
assistance is no longer being paid under the Act, and all amounts payable
to the Commonwealth under the Act have been paid, so the Act is obsolete.
Item 8
Item 8 repeals the Williamstown Dockyard Employees Act 1987. The Government
sold the Williamstown Dockyard in 1988. The Act deals with transitional
arrangements for certain employees of the Williamstown Dockyard at the time
of the sale. Due to the passage of time, the provisions of the Act have no
further operation. Therefore, the Act is obsolete.
Schedule 4-Amendment of the Marriage Act 1961
The items in this Schedule make minor changes to spelling in provisions of
the Marriage Act 1961 to ensure the provisions accord with current drafting
style. These changes are as follows:
e) spelling "authorize" (and its other grammatical forms) with an
"s", instead of a "z";
f) spelling "organization" (and its other grammatical forms) with
an "s", instead of a "z";
g) spelling "recognize" (and its other grammatical forms) with an
"s", instead of a "z";
h) spelling "solemnize" (and its other grammatical forms) with an
"s", instead of a "z".
Items 1 to 24 amend specific occurrences of the above words, whilst item 25
amends all the other references to those words.
Schedule 5-References to specific Ministers
The items in this Schedule contain amendments relating to references to
Ministers in Acts.
Part 1
The items in this Part make amendments to a number of Acts to ensure that
Commonwealth Ministers (other than the Prime Minister, the Attorney-General
and the Treasurer) are consistently mentioned by reference to the
administration of identified legislation rather than by name.
There are currently a number of references to specific Ministers in
Commonwealth Acts (for example, the Minister for Industry, Technology and
Commerce). Whenever there is no longer a particular Minister, or the title
of a Minister is changed under the Administrative Arrangements Order, the
Governor-General needs to make an Order under section 19B or 19BA of the
Acts Interpretation Act 1901 so that any now incorrect references to
Ministers in Acts can be read correctly. This means that users of Acts have
to read the Acts in conjunction with these Orders.
For example, paragraph (g) of Schedule 2 to the Administrative Decisions
(Judicial Review) Act 1977 refers to the "Minister for Finance". In 1997
the "Minister for Finance" was given the new title of "Minister for Finance
and Administration", so an Order was made by the Governor-General under
section 19B of the Acts Interpretation Act 1901 in relation to the change
of title. In 2007 the "Minister for Finance and Administration" was renamed
the "Minister for Finance and Deregulation", so another Order was made.
This means that to find the correct Minister referred to in paragraph (g)
of Schedule 2 to the Administrative Decisions (Judicial Review) Act 1977,
readers must refer to the 1997 and 2007 section 19B Orders.
The Bill replaces the reference to the "Minister for Finance" with a
generic reference to the "Finance Minister", and defines that term as "the
Minister administering the Financial Management and Accountability Act
1997". Readers of the Administrative Decisions (Judicial Review) Act 1977
can easily find the correct Minister by referring to the current
Administrative Arrangements Order.
Part 2
The items in this Part make amendments to a number of Acts to ensure they
reflect alterations made to them via orders made under subsection 19BA(1)
of the Acts Interpretation Act 1901.
Part 3
The items in this Part include provision for transitional, savings and
application provisions to ensure that the amendments made by this Schedule
do not result in any unintended consequences.
Schedule 6-References to specific Departments
The items in this Schedule contain amendments relating to references to
specific Departments in Acts.
Part 1
The items in this Part make amendments to a number of Acts to ensure that
Departments of State (other than the Department of the Prime Minister and
Cabinet, the Attorney-General's Department and the Treasury) are
consistently mentioned by reference to the Minister administering
identified legislation or a particular matter rather than by name.
There are currently a number of references to specific Departments in
Commonwealth Acts (for example, the Department of Transport and Regional
Development). Whenever a Department is abolished, or the title of a
Department is changed under the Administrative Arrangements Order, the
Governor-General needs to make an Order under section 19B or 19BA of the
Acts Interpretation Act 1901 so that any now incorrect references to
Departments can be read correctly. This means that users of Acts have to
read the Acts in conjunction with these Orders.
For example, paragraph 130(7)(fa) of the Health Insurance Act 1973 refers
to the "Department of Immigration and Ethnic Affairs". In 2007 the
"Department of Immigration and Ethnic Affairs" was renamed the "Department
of Immigration and Citizenship", so an Order was made by the Governor-
General under section 19B of the Acts Interpretation Act 1901 in relation
to the change of name. This means that to find the correct Department
referred to in paragraph 130(7)(fa) of the Health Insurance Act 1973,
readers must refer to the relevant 2007 section 19B Order.
The Bill replaces the reference to the "Department of Immigration and
Ethnic Affairs" with a generic reference to the "Immigration Department",
and defines that term as "the Department administrated by the Minister
administering the Migration Act 1958". Readers of the Health Insurance Act
1973 can then easily find the correct Department by referring to the
current Administrative Arrangements Order.
Part 2
The items in this Part make amendments to a number of Acts to ensure that
"Parliamentary Department" is defined consistently for Acts with an ongoing
operation, and to update references to Parliamentary Departments that have
been abolished or amalgamated.
Part 3
The items in this Part include provision for transitional, savings and
application provisions to ensure that the amendments made by the Schedule
do not result in any unintended consequences.
Schedule 7-References to Secretaries to Departments
The items in this Schedule make amendments to the text of a number of Acts
to replace "Secretary to" a Department with "Secretary of" a Department,
consistent with subsection 56(4) of the Public Service Act 1999 and
subsection 11(1) of the Public Employment (Consequential and Transitional)
Amendment Act 1999.
Schedule 8-References to Departments administering Acts
The items in this Schedule make amendments to a number of Acts to replace
references to Departments administering Acts with terminology that makes it
clear that Ministers, rather than Departments, administer Acts.