Statute Law Revision Bill 2002
First Reading
2002
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Law Revision Bill 2002
No. , 2002
(Attorney-General)
A Bill for an Act to make various amendments of the statute law of the Commonwealth, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 9
4 Effect of repeal 9
Schedule 1--Amendment of Principal Acts 10
Acts Interpretation Act 1901 10
Aged Care Act 1997 10
Air Navigation Act 1920 10
Australian Communications Authority Act 1997 10
Customs Act 1901 10
Customs Tariff Act 1995 11
Environment Protection and Biodiversity Conservation Act 1999 11
Financial Transaction Reports Act 1988 12
Health Insurance Act 1973 12
Human Rights and Equal Opportunity Commission Act 1986 12
National Health Act 1953 12
Ombudsman Act 1976 12
Prices Surveillance Act 1983 13
Public Service Act 1999 13
Radiocommunications Act 1992 13
Special Broadcasting Service Act 1991 13
Statute Law Revision Act 1996 13
Superannuation (Resolution of Complaints) Act 1993 13
Telecommunications Act 1997 14
Trade Practices Act 1974 14
Schedule 2--Amendment of amending Acts 15
Audit (Transitional and Miscellaneous) Amendment Act 1997 15
Australia New Zealand Food Authority Amendment Act 2001 15
Civil Aviation Legislation Amendment Act 1998 15
Copyright Amendment (Digital Agenda) Act 2000 15
Crimes Amendment (Forensic Procedures) Act 2001 15
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 15
Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 16
Defence Legislation Amendment Act (No. 1) 1999 16
Defence Legislation Amendment (Application of Criminal Code) Act 2001 16
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 16
Health Legislation Amendment (Medical Practitioners' Qualifications and Other Measures) Act 2001 16
Income Tax (Consequential Amendments) Act 1997 16
Industrial Relations and other Legislation Amendment Act 1995 17
Native Title Amendment Act 1998 17
Public Employment (Consequential and Transitional) Amendment Act 1999 17
Superannuation Industry (Supervision) Legislation Amendment Act 1995 18
Back to Top Telecommunications Legislation Amendment Act 1997 18
Trade Practices Amendment Act (No. 1) 2001 19
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 19
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 19
Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 19
Workplace Relations Amendment (Termination of Employment) Act 2001 19
A Bill for an Act to make various amendments of the statute law of the Commonwealth, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Statute Law Revision Act 2002.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent |
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2. Schedule 1, item 1 | Immediately after section 49 of the Law and Justice Legislation Amendment Act 1990 commenced |
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3. Schedule 1, item 2 | Immediately after item 14 of Schedule 2 to the Aged Care Amendment Act 2000 commenced |
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4. Schedule 1, items 3, 4 and 5 | 1 July 1999 |
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5. Schedule 1, item 6 | Immediately after item 13 of Schedule 1 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 commenced |
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6. Schedule 1, items 7 and 8 | The day on which this Act receives the Royal Assent |
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7. Schedule 1, item 9 | Immediately after item 69 of Schedule 1 to the Customs Legislation (Anti-dumping Amendments) Act 1998 commenced |
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8. Schedule 1, items 10, 11, 12 and 13 | Immediately after item 70 of Schedule 1 to the Customs Legislation (Anti-dumping Amendments) Act 1998 commenced |
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9. Schedule 1, item 14 | 1 July 1999 |
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10. Schedule 1, item 15 | Immediately after subsection 151(3) of the Environment Protection and Biodiversity Conservation Act 1999 commenced |
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11. Schedule 1, item 16 | Immediately after paragraph 520(3)(k) of the Environment Protection and Biodiversity Conservation Act 1999 commenced |
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12. Schedule 1, item 17 | Immediately after item 36 of Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 commenced |
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13. Schedule 1, item 18 | Immediately after section 528 of the Environment Protection and Biodiversity Conservation Act 1999 commenced |
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14. Schedule 1, item 19 | The day on which this Act receives the Royal Assent |
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15. Schedule 1, item 20 | Immediately after item 15 of Schedule 1 to the Health Legislation Amendment (Medical Practitioners' Qualifications and Other Measures) Act 2001 commenced |
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16. Schedule 1, item 21 | Immediately after item 15 of Schedule 16 to the Federal Magistrates (Consequential Amendments) Act 1999 commenced |
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17. Schedule 1, item 22 | Immediately after the Health Legislation (Powers of Investigation) Amendment Act 1994 commenced |
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18. Schedule 1, item 23 | The day on which this Act receives the Royal Assent |
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19. Schedule 1, item 24 | Immediately after item 111 of Schedule 5 to the Statute Law Revision Act 1996 commenced |
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20. Schedule 1, item 25 | Immediately after Schedule 3 to the Competition Policy Reform Act 1995 commenced |
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21. Schedule 1, items 26 and 27 | Immediately after item 1 of Schedule 2 to the Ministers of State and Other Legislation Amendment Act 2000 commenced |
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22. Schedule 1, item 28 | 1 July 1999 |
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23. Schedule 1, item 29 | Immediately after subsection 53(2) of the Special Broadcasting Service Act 1991 commenced |
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24. Schedule 1, item 30 | Immediately after item 98 of Schedule 2 to the Statute Law Revision Act 1996 commenced |
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25. Schedule 1, item 31 | Immediately after subitem 95(b) of Schedule 5 to the Superannuation Industry (Supervision) Legislation Amendment Act 1995 commenced |
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26. Schedule 1, item 32 | Immediately after subitem 95(c) of Schedule 5 to the Superannuation Industry (Supervision) Legislation Amendment Act 1995 commenced |
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27. Schedule 1, items 33, 34 and 35 | 1 July 1999 |
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28. Schedule 1, items 36 and 37 | The day on which this Act receives the Royal Assent |
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29. Schedule 1, item 38 | 1 July 1999 |
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30. Schedule 2, item 1 | Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement of items 1306 to 1310 of Schedule 2 to that Act |
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31. Schedule 2, item 2 | Immediately after the time specified in the Australia New Zealand Food Authority Amendment Act 2001 for the commencement of item 185 of Schedule 1 to that Act |
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32. Schedule 2, item 3 | Immediately after the time specified in the Civil Aviation Legislation Amendment Act 1998 for the commencement of item 11 of Schedule 2 to that Act |
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33. Schedule 2, item 4 | Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 41 of Schedule 1 to that Act |
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34. Schedule 2, item 5 | Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 224 of Schedule 1 to that Act |
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35. Schedule 2, item 6 | Immediately after the time specified in the Crimes Amendment (Forensic Procedures) Act 2001 for the commencement of item 6 of Schedule 1 to that Act |
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36. Schedule 2, item 7 | Immediately after the time specified in the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 for the commencement of item 185 of Schedule 2 to that Act |
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37. Schedule 2, item 8 | Immediately after the time specified in the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 for the commencement of item 158 of Schedule 3 to that Act |
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38. Schedule 2, item 9 | Immediately after the time specified in the Defence Legislation Amendment Act (No. 1) 1999 for the commencement of item 2 of Schedule 5 to that Act |
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39. Schedule 2, item 10 | Immediately after the time specified in the Defence Legislation Amendment (Application of Criminal Code) Act 2001 for the commencement of item 41 of Schedule 1 to that Act |
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40. Schedule 2, item 11 | Immediately after the time specified in the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 for the commencement of item 46 of Schedule 2 to that Act |
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41. Schedule 2, item 12 | Immediately after the time specified in the Health Legislation Amendment (Medical Practitioners' Qualifications and Other Measures) Act 2001 for the commencement of item 26 of Schedule 1 to that Act |
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42. Schedule 2, item 13 | Immediately after the time specified in the Income Tax (Consequential Amendments) Act 1997 for the commencement of item 53 of Schedule 3 to that Act |
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43. Schedule 2, item 14 | Immediately after the time specified in the Income Tax (Consequential Amendments) Act 1997 for the commencement of item 53 of Schedule 3 to that Act |
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44. Schedule 2, item 15 | Immediately after the time specified in the Industrial Relations and other Legislation Amendment Act 1995 for the commencement of item 7 of Schedule 11 to that Act |
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45. Schedule 2, item 16 | Immediately after the time specified in the Native Title Amendment Act 1998 for the commencement of item 43 of Schedule 2 to that Act |
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46. Schedule 2, item 17 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 95 of Schedule 1 to that Act |
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47. Schedule 2, item 18 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 98 of Schedule 1 to that Act |
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48. Schedule 2, item 19 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 99 of Schedule 1 to that Act |
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49. Schedule 2, item 20 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 339 of Schedule 1 to that Act |
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50. Schedule 2, item 21 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 339 of Schedule 1 to that Act |
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51. Schedule 2, item 22 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 339 of Schedule 1 to that Act |
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52. Schedule 2, item 23 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 472 of Schedule 1 to that Act |
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53. Schedule 2, item 24 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 552 of Schedule 1 to that Act |
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54. Schedule 2, item 25 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 597 of Schedule 1 to that Act |
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55. Schedule 2, item 26 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 602 of Schedule 1 to that Act |
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56. Schedule 2, item 27 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 838 of Schedule 1 to that Act |
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57. Schedule 2, item 28 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 839 of Schedule 1 to that Act |
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58. Schedule 2, item 29 | Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 935 of Schedule 1 to that Act |
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59. Schedule 2, item 30 | Immediately after the time specified in the Superannuation Industry (Supervision) Legislation Amendment Act 1995 for the commencement of paragraph 102(b) of Schedule 5 to that Act |
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60. Schedule 2, item 31 | Immediately after the time specified in the Telecommunications Legislation Amendment Act 1997 for the commencement of item 18 of Schedule 2 to that Act |
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61. Schedule 2, item 32 | Immediately after the time specified in the Trade Practices Amendment Act (No. 1) 2001 for the commencement of item 1 of Schedule 2 to that Act |
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62. Schedule 2, item 33 | Immediately after the time specified in the Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 for the commencement of item 28 of Schedule 2 to that Act |
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63. Schedule 2, item 34 | Immediately after the time specified in the Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 for the commencement of item 44 of Schedule 2 to that Act |
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64. Schedule 2, item 35 | Immediately after the time specified in the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001 for the commencement of item 242 of Schedule 1 to that Act |
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65. Schedule 2, item 36 | Immediately after the time specified in the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 for the commencement of item 19 of Schedule 5 to that Act |
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66. Schedule 2, item 37 | Immediately after the time specified in the Workplace Relations Amendment (Termination of Employment) Act 2001 for the commencement of item 9 of Schedule 1 to that Act |
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67. Schedule 2, item 38 | Immediately after the time specified in the Workplace Relations Amendment (Termination of Employment) Act 2001 for the commencement of item 11B of Schedule 1 to that Act |
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Note:
Back to Top This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
Each Act 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.
To avoid doubt, items 472 to 478 (inclusive) of Schedule 1 to the
Public Employment (Consequential and Transitional) Amendment Act 1999 are taken never to have had effect.
Note: These items are repealed by item 23 of Schedule 2 to this Act.
Acts Interpretation Act 1901
1 Subsection 4(6)
Omit "46(a)", substitute "46(1)(a)".
Aged Care Act 1997
2 Subsection 63-1A(1)
Omit "regulations made for the purpose of".
Air Navigation Act 1920
3 Paragraph 19HM(2)(a)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Australian Communications Authority Act 1997
4 Paragraph 6(e)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
5 Paragraph 7(d)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Customs Act 1901
6 Subsection 214AE(2)
Before "monitoring" (second occurring), insert "the".
7 Subsection 234(2BA) (the subsection (2BA) inserted by item 10 of Schedule 1 to the Customs Amendment (Temporary Importation) Act 1999)
Renumber as subsection (2BB).
8 Subsection 234(2C)
Omit "or (2BA)", substitute ", (2BA) or (2BB)".
9 Subsection 269Y(1)
Omit "269ZZT(2)", substitute "269ZZU(2)".
10 Paragraph 269ZJ(5)(a)
Omit "269Z(1)", substitute "269ZA(1)".
11 Paragraph 269ZJ(5)(a)
Omit "269Z(2)", substitute "269ZA(3)".
12 Paragraph 269ZJ(6)(a)
Omit "269Z(1)", substitute "269ZA(1)".
13 Paragraph 269ZJ(6)(a)
Omit "269Z(2)", substitute "269ZA(3)".
Customs Tariff Act 1995
14 Section XI of Schedule 3 (Additional Notes 1(b) and (c))
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Environment Protection and Biodiversity Conservation Act 1999
15 Subsection 151(3)
Omit "148(1)", substitute "148(2)".
Note: The heading to subsection 63(1) is altered by omitting "may" and substituting "must".
16 Paragraph 520(3)(k)
Omit "done at Rio de Janeiro on 5 June 1992", substitute "done at New York
Back to Top on 9 May 1992".
17 Subsection 523(3)
Repeal the subsection.
18 Section 528 (paragraph (c) of the definition of agency)
After "law of the", insert "State or".
Financial Transaction Reports Act 1988
19 Paragraphs 27(17)(t), (u), (v) and (w) (the paragraphs (t), (u), (v) and (w) inserted by item 7 of Schedule 6 to the Measures to Combat Serious and Organised Crime Act 2001)
Renumber as paragraphs (v), (w), (x) and (y) respectively.
Health Insurance Act 1973
20 Subsection 19AB(4A)
Omit "subsection (4A)", substitute "subsection (4B)".
Human Rights and Equal Opportunity Commission Act 1986
21 Section 46PR
Omit "the" (first occurring).
National Health Act 1953
22 Paragraph 103(5)(d)
Omit ", a participating dental practitioner or a person authorized to act under section 104", substitute "or a participating dental practitioner".
23 Subparagraph (m)(iii) of Schedule 1
Omit "organization,", substitute "organization;".
Ombudsman Act 1976
24 Section 3
Omit "or her or her" (wherever occurring), substitute "or her".
Prices Surveillance Act 1983
25 Paragraph 38(2)(a)
Omit "Authority", substitute "Commission".
Public Service Act 1999
26 Subsection 78(2)
Omit all the words and paragraphs from and including "delegate" to and including "any", substitute "delegate to another Minister any".
27 Subsection 78(12) (definition of Parliamentary Secretary)
Repeal the definition.
Radiocommunications Act 1992
28 Paragraphs 163(2)(a) and (b)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Special Broadcasting Service Act 1991
29 Subsection 53(2)
Omit "Pubic", substitute "Public".
Statute Law Revision Act 1996
30 Item 98 of Schedule 2 (heading)
Omit "3", substitute "III".
Superannuation (Resolution of Complaints) Act 1993
31 Subsection 59(1)
Omit "subsections 23(2) and (3)", substitute "subsections 23(2) and (3),".
32 Subsection 59(1)
Omit "22 22A", substitute "22, 22A".
Telecommunications Act 1997
33 Paragraphs 377(1)(a), 378(2)(a) and (b), 381(1)(a), 382(2)(a) and (b), 385(1)(a), 386(2)(a) and (b), 405(2)(a) and (b) and 422(2)(a) and (b)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Trade Practices Act 1974
34 Paragraph 51(2)(c)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
35 Subsection 65E(1)
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
36 Subsection 65F(10) (the subsection (10) inserted by item 6 of Schedule 1 to the Trade Practices Amendment Act (No. 1) 2001)
Renumber as subsection (11).
37 Subsection 65R(3) (the subsection (3) inserted by item 7 of
Back to Top Schedule 1 to the
Trade Practices Amendment Act (No. 1) 2001)
Renumber as subsection (4).
38 Paragraph 51(2)(c) of the Schedule
Omit "the Standards Association of Australia", substitute "Standards Australia International Limited".
Audit (Transitional and Miscellaneous) Amendment Act 1997
1 Items 1306 to 1310 of Schedule 2
Repeal the items.
Australia New Zealand Food Authority Amendment Act 2001
2 Item 185 of Schedule 1 (heading)
Omit "19(2)(e)", substitute "19(1)(e)".
Civil Aviation Legislation Amendment Act 1998
3 Item 11 of Schedule 2 (heading)
Omit "Division 3", substitute "Division 2".
Copyright Amendment (Digital Agenda) Act 2000
4 Item 41 of Schedule 1
After "reproduction", insert ",".
5 Item 224 of Schedule 1
Omit "`the performance'", substitute "`the performance' (first occurring)".
Crimes Amendment (Forensic Procedures) Act 2001
6 After item 6 of Schedule 1 (heading)
Insert:
Repeal the definition, substitute:
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
7 Item 185 of Schedule 2
After "his" (wherever occurring), insert "or her".
Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001
8 Item 158 of Schedule 3 (heading)
Omit "note", substitute "example".
Defence Legislation Amendment Act (No. 1) 1999
9 Item 2 of Schedule 5
Before "Supply", insert "the".
Defence Legislation Amendment (Application of Criminal Code) Act 2001
10 Item 41 of Schedule 1
After "the principles of", insert "the".
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001
11 Item 46 of Schedule 2
Omit "Emergency Forces or the Reserve", substitute "Reserve Forces or the Emergency".
Health Legislation Amendment (Medical Practitioners' Qualifications and Other Measures) Act 2001
12 Item 26 of Schedule 1
Omit "laboratory", substitute "authority".
Income Tax (Consequential Amendments) Act 1997
13 Heading before item 53 of Schedule 3
Repeal the heading.
14 Item 53 of Schedule 3
Repeal the item.
Industrial Relations and other Legislation Amendment Act 1995
15 Item 7 of Schedule 11
After "Association" insert "of Australia".
Native Title Amendment Act 1998
16 Item 43 of Schedule 2
After "inquiry, or" insert "a".
Public Employment (Consequential and Transitional) Amendment Act 1999
17 Item 95 of Schedule 1 (heading)
Back to Top Omit "
19(1)", substitute "
21(1)".
18 Item 98 of Schedule 1 (paragraph (c))
Renumber as paragraph (b).
19 Item 99 of Schedule 1 (paragraph (c))
Renumber as paragraph (d).
20 Heading before item 339 of Schedule 1
Repeal the heading.
21 Before item 339 of Schedule 1
Insert:
Corporate Law Economic Reform Program Act 1999
22 Item 339 of Schedule 1 (heading)
Omit "Subsection 27A(2)", substitute "Item 11 of Schedule 5 (new subsection 27A(2))".
23 Items 472 to 478 (inclusive) of Schedule 1
Repeal the items.
Note: These items purported to amend provisions of the Federal Magistrates Act 1999. Because that Act was renumbered during its passage through the Parliament, items 474 to 478 became misdescribed and items 472 and 473 did not operate as intended.
24 Item 552 of Schedule 1 (heading)
Omit "AGS", substitute "Attorney-General's".
25 Item 597 of Schedule 1
Repeal the item.
26 Item 602 of Schedule 1
Repeal the item.
27 Item 838 of Schedule 1
Omit "Office", substitute "Service office".
28 Item 839 of Schedule 1
Omit "Office", substitute "Service office".
29 Item 935 of Schedule 1 (heading)
Omit "48(6)", substitute "52(6)".
Superannuation Industry (Supervision) Legislation Amendment Act 1995
30 Paragraph 102(b) of Schedule 5
Repeal the paragraph, substitute:
(b) Omit "the trustee must reconsider", substitute "the party must reconsider".
Telecommunications Legislation Amendment Act 1997
31 At the end of items 18, 19, 25, 26 and 27 of Schedule 2 (headings)
Add "of Schedule 3".
Trade Practices Amendment Act (No. 1) 2001
32 Item 1 of Schedule 2 (heading)
Omit "79B(1)(a)(ii)", substitute "79B(a)(ii)".
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001
33 Item 28 of Schedule 2
Omit "ensure", substitute "insure".
34 Item 44 of Schedule 2
Omit "to do so", substitute "so to do".
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001
35 Item 242 of Schedule 1
Omit "and 75AY", substitute ", 75AY".
Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000
36 Item 19 of Schedule 5
After "application" (first occurring), insert "for the allowance".
Workplace Relations Amendment (Termination of Employment) Act 2001
37 Item 9 of Schedule 1 (heading)
Omit "(1A)", substitute "(1)".
38 Item 11B of Schedule 1 (heading)
Omit "107CE(8)", substitute "170CE(8)".