Statute Law Revision Act (No. 2) 2015
No. 145, 2015
An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
Statute Law Revision Act (No. 2) 2015
No. 145, 2015
An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
Contents
2 Commencement
3 Schedules
Schedule 1—Amendments of principal Acts
Aged Care Act 1997
Agricultural and Veterinary Chemicals Code Act 1994
Australian Grape and Wine Authority Act 2013
Carbon Credits (Carbon Farming Initiative) Act 2011
Dairy Produce Act 1986
Federal Circuit Court of Australia Act 1999
Imported Food Control Act 1992
Industrial Chemicals (Notification and Assessment) Act 1989
Personal Property Securities Act 2009
Plant Health Australia (Plant Industries) Funding Act 2002
Remuneration Tribunal Act 1973
Sex Discrimination Act 1984
South Pacific Nuclear Free Zone Treaty Act 1986
Surveillance Devices Act 2004
Telecommunications Act 1997
Telstra Corporation Act 1991
Schedule 2—Amendments of amending laws
Part 1—Amendments of amending Acts
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014
Medibank Private Sale Act 2006
Part 2—Amendments of amending Regulations
Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014
Schedule 3—Binding the Crown
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Advance Australia Logo Protection Act 1984
Air Navigation Act 1920
Antarctic Marine Living Resources Conservation Act 1981
Atomic Energy Act 1953
Bankruptcy Act 1966
Biological Control Act 1984
Cheques Act 1986
Crimes (Biological Weapons) Act 1976
Currency Act 1965
Environment Protection (Sea Dumping) Act 1981
Explosives Act 1961
Export Control Act 1982
Export Inspection and Meat Charges Collection Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
Fringe Benefits Tax Act 1986
Great Barrier Reef Marine Park Act 1975
Historic Shipwrecks Act 1976
Income Tax (Offshore Banking Units) (Withholding Tax Recoupment) Act 1988
International Arbitration Act 1974
Lands Acquisition Act 1989
National Measurement Act 1960
Nuclear Non‑Proliferation (Safeguards) Act 1987
Passenger Movement Charge Collection Act 1978
Proceeds of Crime Act 1987
Protection of Movable Cultural Heritage Act 1986
Protection of the Sea (Civil Liability) Act 1981
Protection of the Sea (Powers of Intervention) Act 1981
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Racial Discrimination Act 1975
Sea Installations Act 1987
Shipping Registration Act 1981
South Pacific Nuclear Free Zone Treaty Act 1986
Submarine Cables and Pipelines Protection Act 1963
Telecommunications (Interception and Access) Act 1979
Schedule 4—Terminology changes
Part 1—Indexation provisions
Aboriginal and Torres Strait Islander Act 2005
Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998
Authorised Non‑operating Holding Companies Supervisory Levy Imposition Act 1998
Bankruptcy Act 1966
Commonwealth Electoral Act 1918
Defence Force Retirement and Death Benefits (Pension Increases) Act 1976
Education Services for Overseas Students Act 2000
Education Services for Overseas Students (Registration Charges) Act 1997
Education Services for Overseas Students (TPS Levies) Act 2012
Fringe Benefits Tax Assessment Act 1986
General Insurance Supervisory Levy Imposition Act 1998
Health Insurance Act 1973
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Interstate Road Transport Act 1985
Lands Acquisition Act 1989
Life Insurance Supervisory Levy Imposition Act 1998
Local Government (Financial Assistance) Act 1995
Migration Agents Registration Application Charge Act 1997
Migration (Health Services) Charge Act 1991
Migration (Visa Application) Charge Act 1997
Military Rehabilitation and Compensation Act 2004
National Health Act 1953
Retirement Savings Account Providers Supervisory Levy Imposition Act 1998
Safety, Rehabilitation and Compensation Act 1988
Seafarers Rehabilitation and Compensation Act 1992
Superannuation Act 1922
Superannuation Act 1976
Superannuation Supervisory Levy Imposition Act 1998
Trust Recoupment Tax Assessment Act 1985
Veterans’ Entitlements Act 1986
Part 2—Gender‑specific language
Parliamentary Presiding Officers Act 1965
Public Works Committee Act 1969
Schedule 5—Repeal of spent and obsolete provisions
Administrative Decisions (Judicial Review) Act 1977
Parliamentary Entitlements Act 1990
Schedule 6—Spent Acts
Captains Flat (Abatement of Pollution) Agreement Act 1975
G20 (Safety and Security) Complementary Act 2014
States Grants (Advanced Education) Act 1976
States Grants (Science Laboratories) Act 1971
Tasmania Agreement (Hydro‑Electric Power Development) Act 1968
Wheat Tax Regulations (Validation) Act 1987
Statute Law Revision Act (No. 2) 2015
No. 145, 2015
An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
[Assented to 12 November 2015]
The Parliament of Australia enacts:
This Act may be cited as the Statute Law Revision Act (No. 2) 2015.
(1) Each provision of this Act specified in column 1 of the table 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.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 12 November 2015 |
2. Schedule 1 | The 28th day after this Act receives the Royal Assent. | 10 December 2015 |
3. Schedule 2, items 1 to 3 | The 28th day after this Act receives the Royal Assent. | 10 December 2015 |
4. Schedule 2, item 4 | Immediately after the commencement of section 2 of the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014. | 3 November 2014 |
5. Schedule 2, item 5 | The 28th day after this Act receives the Royal Assent. | 10 December 2015 |
6. Schedule 2, Part 2 | Immediately after the time specified in the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 for the commencement of the Regulation. | 1 September 2014 |
7. Schedules 3 to 6 | The 28th day after this Act receives the Royal Assent. | 10 December 2015 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.
1 Subsection 42‑2(3) (note)
Omit “section 58‑6”, substitute “section 52C‑5”.
Note: This item fixes an incorrect cross‑reference.
2 Subsection 5(1) of the Code set out in the Schedule
Omit “an veterinary chemical product”, substitute “a veterinary chemical product”.
Note: This item fixes a grammatical error.
3 Paragraph 167(1)(c) of the Code set out in the Schedule
Omit “a decision under subsection 26C(2) to refuse an application”, substitute “a decision under paragraph 26C(1)(b) to refuse an application”.
Note: This item fixes an incorrect cross‑reference.
4 Subclauses 9(2) and (3) and 10(6) of the Schedule
Omit “subsection” (wherever occurring), substitute “subclause”.
Note: This item fixes a reference to an incorrect concept.
5 Subsection 97(10)
Omit “benchmark storage level”, substitute “benchmark sequestration level”.
Note: This item fixes a reference to an incorrect concept.
6 Subclause 43(3) of Schedule 2 (note)
Omit “paragraph (3)(a), (b), (e) or (f)”, substitute “paragraph (3)(a) or (b)”.
Note: This item omits redundant references.
7 Subsection 20(2) (paragraph (a) of the note)
Omit “section “94AAA of the Family Law Act 1975”, substitute “section 94AAA of the Family Law Act 1975”.
Note: This item fixes a punctuation error.
8 Subsection 3(1) (definition of national standard)
Repeal the definition, substitute:
national standard, in relation to a particular food or a particular matter affecting food, means a standard relating to that food or matter that is included in the Australia New Zealand Food Standards Code.
Note: This item substitutes a definition to remove a redundant paragraph.
9 Paragraph 100C(1)(a)
Omit “object”, substitute “objects”.
Note: This item fixes a grammatical error.
10 Paragraph 158(1)(b) (first occurring)
Reletter as paragraph (a).
Note: This item reletters a paragraph.
11 Subsection 9(5)
Omit all the words after “subsection (2)),”, substitute “subsection 16(7) or paragraph 17(2)(d) (as the case requires) of the Horticulture Marketing and Research and Development Services Act 2000 applies to the refunded amount, to the extent of the excess”.
Note: This item substitutes text in a subsection to remove a redundant paragraph.
12 Paragraph 7(9)(ad)
Omit “to be paid”, substitute “be paid”.
Note: This item fixes a grammatical error.
13 Paragraph 106(1)(a)
Omit “Divison”, substitute “Division”.
Note: This item fixes a spelling error.
14 Subsections 17(1), (2) and (3) and 34(1) and (3)
Omit “Nuclear Non‑Proliferation (Safeguards) Act 1986”, substitute “Nuclear Non‑Proliferation (Safeguards) Act 1987”.
Note: This item fixes incorrect citations of a short title of an Act.
15 Paragraph 45(7)(b)
Omit “within the meaning if the Intelligence Services Act 2001”, substitute “within the meaning of the Intelligence Services Act 2001”.
Note: This item fixes a typographical error.
16 Paragraph 1(jb) of Schedule 4
Repeal the paragraph.
Note: This item repeals a redundant paragraph.
17 Section 3 (definition of Transport Department)
Repeal the definition.
Note: This item repeals a redundant definition.
18 Section 3 (definition of Transport Minister)
Repeal the definition.
Note: This item repeals a redundant definition.
1 Division 2 of Part 2 (heading)
Repeal the heading.
Note: This item repeals a redundant Division heading.
2 Division 4 of Part 2 (heading)
Repeal the heading.
Note: This item repeals a redundant Division heading.
3 Part 3 (heading)
Repeal the heading.
Note: This item repeals a redundant Part heading.
4 Subsection 2(1) (table item 6, column 2)
Omit “table item 1”, substitute “table item 5”.
Note: This item fixes a misdescribed amendment.
5 Subitem 20(10) of Schedule 2
Omit “section”, substitute “Section”.
Note: This item fixes a typographical error.
6 Section 2
After “commencement of”, insert “Schedule 1 to”.
1 Section 6
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
2 Section 4
Omit “this Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island”, substitute “this Act binds the Crown in each of its capacities”.
3 Section 2A
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
4 Section 24
Omit “Nothing in this Act shall be taken to subject the Crown in right of the Commonwealth, of a State or of the Northern Territory to liability to be prosecuted for an offence”, substitute “This Act does not make the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory liable to be prosecuted for an offence”.
5 Subsections 4(1) and (2)
Repeal the subsections, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
6 Section 6
Repeal the section, substitute:
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) This Act does not make the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.
7 Section 8
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
8 Section 6
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
9 Section 9
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
10 Section 6
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
11 Section 6
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
12 Subsection 8(1)
Repeal the subsection, substitute:
(1A) This Act binds the Crown in each of its capacities.
(1) This Act does not make the Crown liable to be prosecuted for an offence.
13 Section 6
Omit “This Act binds the Crown in right of the Commonwealth or of a State”, substitute “This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory”.
14 Section 4
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
15 Section 3B
Repeal the section, substitute:
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
16 Section 5
Repeal the section, substitute:
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
17 Section 5
Repeal the section, substitute:
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
18 Section 5
Repeal the section, substitute:
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
19 Section 4
Repeal the section, substitute:
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
20 Section 4
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
21 Section 4
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
22 Section 5
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
23 Section 2B
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
24 Section 4
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
25 Section 5
Omit “This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island”, substitute “This Act binds the Crown in each of its capacities”.
26 Section 7
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
27 Section 4
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
28 Section 11
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
29 Section 4
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
30 Section 4
Repeal the section, substitute:
This Act binds the Crown in each of its capacities.
31 Subsections 4(1) and (2)
Repeal the subsections, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
32 Subsections 4(1) and (2)
Repeal the subsections, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
33 Section 6
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
34 Section 9
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
35 Section 5
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
36 Section 7
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
37 Section 6
Omit “This Act binds the Crown in right of the Commonwealth or of a State”, substitute “This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory”.
38 Section 4
Repeal the section, substitute:
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
1 Paragraphs 192Y(4)(a) and (b)
Omit “reference base”, substitute “index reference period”.
2 Paragraphs 8(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
3 Paragraphs 8(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
4 Subsection 304A(11)
Omit “reference base” (wherever occurring), substitute “index reference period”.
5 Subsection 321(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
6 Paragraphs 321A(6)(a) and (b)
Omit “reference base”, substitute “index reference period”.
7 Subsection 5(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
8 Subsection 171(8)
Omit “reference base” (wherever occurring), substitute “index reference period”.
9 Subsection 7(5)
Omit “reference base” (wherever occurring), substitute “index reference period”.
10 Subsection 8(6)
Omit “reference base” (wherever occurring), substitute “index reference period”.
11 Subsection 28(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
12 Subsection 39A(4)
Omit “reference base” (wherever occurring), substitute “index reference period”.
13 Subsection 60AA(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
14 Subsection 135C(7) (heading)
Repeal the heading, substitute:
Changed index reference period
15 Subsection 135C(7)
Omit “reference base” (wherever occurring), substitute “index reference period”.
16 Paragraphs 9(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
17 Subsection 10A(10)
Omit “reference base” (wherever occurring), substitute “index reference period”.
18 Subsection 159HA(6)
Omit “reference base” (wherever occurring), substitute “index reference period”.
19 Subsection 326‑240(2) in Schedule 2H
Omit “reference base”, substitute “index reference period”.
20 Subsection 326‑240(2) in Schedule 2H
Omit “new base”, substitute “new index reference period”.
21 Subsection 960‑280(3)
Omit “reference base”, substitute “index reference period”.
22 Subsection 960‑280(3)
Omit “new base”, substitute “new index reference period”.
23 Subsection 4A(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
24 Subsection 126(7)
Omit “reference base” (wherever occurring), substitute “index reference period”.
25 Paragraphs 8(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
26 Subsection 8(1A)
Omit “reference base”, substitute “index reference period”.
27 Subsection 8(1A)
Omit “new base”, substitute “new index reference period”.
28 Paragraphs 7(5)(a) and (b)
Omit “reference base”, substitute “index reference period”.
29 Subsection 6(6)
Omit “reference base” (wherever occurring), substitute “index reference period”.
30 Paragraphs 5(4)(a) and (b)
Omit “reference base”, substitute “index reference period”.
31 Paragraphs 404(5)(a) and (b)
Omit “reference base”, substitute “index reference period”.
32 Subsection 99G(9)
Omit “reference base” (wherever occurring), substitute “index reference period”.
33 Paragraphs 8(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
34 Subsection 13(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
35 Subsection 23(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
36 Subsection 120(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
37 Subsection 147(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
38 Paragraphs 8(3)(a) and (b)
Omit “reference base”, substitute “index reference period”.
39 Subsection 12(6)
Omit “reference base” (wherever occurring), substitute “index reference period”.
40 Subsection 5NA(3) (heading)
Repeal the heading, substitute:
Change to CPI index reference period
41 Subsection 5NA(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
42 Subsection 198(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
43 Subsection 198A(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
44 Subsection 198D(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
45 Subsection 198FA(3)
Omit “reference base” (wherever occurring), substitute “index reference period”.
46 Section 2 (paragraph (a) of the definition of Deputy Presiding Officer)
Omit “Chairman of Committees”, substitute “Chair of Committees”.
47 Paragraph 7(5)(d)
Omit “the Chairman of Committees of the Senate”, substitute “the Chair of Committees of the Senate”.
1 Paragraph (k) of Schedule 2
Australian Honey Board
Australian Meat and Live‑stock Corporation
Australian Wheat Board
Australian Wool Corporation
Note: This item omits redundant references.
2 Sections 8, 13 and 14
Repeal the sections.
3 Saving
If an act or thing was made, or taken to be, lawful, valid or effectual to any extent immediately before the commencement of this item under a provision repealed by item 2 then the act or thing continues to be, or to be taken to be, lawful, valid or effectual to the same extent after the commencement of this item.
1 The whole of the Act
Repeal the Act.
2 The whole of the Act
Repeal the Act.
3 The whole of the Act
Repeal the Act.
4 The whole of the Act
Repeal the Act.
5 The whole of the Act
Repeal the Act.
6 The whole of the Act
[Minister’s second reading speech made in—
House of Representatives on 18 March 2015
Senate on 12 October 2015]
(34/15)