Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 5
Schedule 1—Amendment of principal Acts 6
Part 1—Amendments commencing on Royal Assent 6
Aged Care Act 1997 6
Aged Care (Bond Security) Act 2006 7
Air Passenger Ticket Levy (Collection) Act 2001 7
Airports Act 1996 7
Air Services Act 1995 7
Australian Broadcasting Corporation Act 1983 7
Australian Crime Commission Act 2002 8
Australian Human Rights Commission Act 1986 8
Australian Law Reform Commission Act 1996 8
Australian National Preventive Health Agency Act 2010 8
Broadcasting Services Act 1992 9
Carbon Credits (Carbon Farming Initiative) Act 2011 9
Civil Aviation (Carriers’ Liability) Act 1959 10
Competition and Consumer Act 2010 10
Copyright Act 1968 11
Crimes Act 1914 11
Criminal Code Act 1995 11
Customs Act 1901 12
Environment Protection and Biodiversity Conservation Act 1999 13
Fair Work (Registered Organisations) Act 2009 13
Family Law Act 1975 14
Federal Court of Australia Act 1976 14
First Home Saver Accounts Act 2008 14
Freedom of Information Act 1982 14
Great Barrier Reef Marine Park Act 1975 15
Health Insurance Act 1973 15
Higher Education Support Act 2003 15
Human Rights (Parliamentary Scrutiny) Act 2011 16
Human Services (Medicare) Act 1973 16
Industrial Chemicals (Notification and Assessment) Act 1989 16
Inspector‑General of Intelligence and Security Act 1986 18
Insurance Act 1973 18
Law Enforcement Integrity Commissioner Act 2006 18
Long Service Leave (Commonwealth Employees) Act 1976 19
Mutual Assistance in Criminal Matters Act 1987 19
National Broadband Network Companies Act 2011 19
National Health Act 1953 20
Offshore Petroleum and Greenhouse Gas Storage Act 2006 20
Parliamentary Superannuation Act 2004 20
Private Health Insurance Act 2007 21
Proceeds of Crime Act 2002 21
Product Grants and Benefits Administration Act 2000 22
Product Stewardship Act 2011 22
Protection of Movable Cultural Heritage Act 1986 22
Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 22
Public Works Committee Act 1969 22
Radiocommunications Act 1992 22
Remuneration Tribunal Act 1973 23
Social Security Act 1991 23
Special Broadcasting Service Act 1991 24
Superannuation Act 1990 24
Telecommunications Act 1997 24
Part 2—Amendments commencing on 1 August 2011 25
Fair Work Act 2009 25
Part 3—Other amendments 26
Fair Work Act 2009 26
Judges’ Pensions Act 1968 26
Schedule 2—Amendment of amending Acts 27
Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011 27
Business Names Registration (Transitional and Consequential Provisions) Act 2011 27
Clean Energy (Consequential Amendments) Act 2011 27
Crimes Legislation Amendment Act (No. 2) 2011 27
Crimes Legislation Amendment (Powers and Offences) Act 2012 28
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004 29
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 29
Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 29
Freedom of Information Amendment (Reform) Act 2010 29
Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010 30
Human Services Legislation Amendment Act 2011 30
Marriage Amendment Act 2002 31
Offshore Petroleum (Royalty) Amendment Act 2011 31
Renewable Energy (Electricity) Amendment Act 2010 31
Statute Law Revision Act 2010 32
Statute Law Revision Act 2011 32
Statute Stocktake (Regulatory and Other Laws) Act 2009 32
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 33
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 33
Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 33
Telstra (Transition to Full Private Ownership) Act 2005 34
Territories Law Reform Act 2010 34
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 34
Trans‑Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 34
Schedule 3—Amendments relating to specific references to regulations 35
Crimes (Hostages) Act 1989 35
Crimes (Internationally Protected Persons) Act 1976 35
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 35
Criminal Code Act 1995 35
Radiocommunications Act 1992 36
Registration of Deaths Abroad Act 1984 36
South Pacific Nuclear Free Zone Treaty Act 1986 36
Sydney Airport Demand Management Act 1997 36
Transport Safety Investigation Act 2003 36
Schedule 4—Amendments relating to the Acts Interpretation Act 1901 37
Part 1—Acting appointments 37
Age Discrimination Act 2004 37
Australian National Preventive Health Agency Act 2010 37
Carbon Credits (Carbon Farming Initiative) Act 2011 38
ComSuper Act 2011 38
Governance of Australian Government Superannuation Schemes Act 2011 38
Human Services (Centrelink) Act 1997 39
Human Services (Medicare) Act 1973 39
National Health Reform Act 2011 39
National Vocational Education and Training Regulator Act 2011 41
Offshore Petroleum and Greenhouse Gas Storage Act 2006 41
Product Stewardship Act 2011 41
Tertiary Education Quality and Standards Agency Act 2011 42
Part 2—Prescribing matters by reference to other instruments 43
International War Crimes Tribunals Act 1995 43
Schedule 5—References to specific Ministers and Departments 44
Part 1—Amendments 44
Food Standards Australia New Zealand Act 1991 44
Loans Securities Act 1919 44
National Health Act 1953 44
Part 2—Transitional, saving and application provisions 46
Schedule 6—Repeal of obsolete provisions 47
Airports (Transitional) Act 1996 47
AUSSAT Repeal Act 1991 47
Australian Airlines (Conversion to Public Company) Act 1988 47
Australian Antarctic Territory Act 1954 47
Australian Capital Territory (Planning and Land Management) Act 1988 48
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 48
Australian Maritime Safety Authority Act 1990 48
Bank Integration Act 1991 48
CFM Sale Act 1996 49
Circuit Layouts Act 1989 49
Commonwealth Bank Sale Act 1995 49
Commonwealth Banks Restructuring Act 1990 49
Commonwealth Funds Management Limited Act 1990 49
Crimes (Aviation) Act 1991 50
Crimes (Currency) Act 1981 50
CSL Sale Act 1993 50
Damage by Aircraft Act 1999 51
Foreign Judgments Act 1991 51
Insurance Acquisitions and Takeovers Act 1991 51
Limitation of Liability for Maritime Claims Act 1989 51
Long Service Leave (Commonwealth Employees) Act 1976 51
Marine Navigation Levy Collection Act 1989 52
Native Title Act 1993 52
Northern Territory Acceptance Act 1919 52
Parliamentary Service Act 1999 52
Qantas Sale Act 1992 52
Remuneration and Allowances Act 1990 53
Safety, Rehabilitation and Compensation Act 1988 53
Snowy Mountains Engineering Corporation Limited Sale Act 1993 54
Special Broadcasting Service Act 1991 54
Superannuation Act 1922 55
Surplus Revenue Act 1910 55
Surveillance Devices Act 2004 55
Sydney Airport Demand Management Act 1997 55
Taxation Administration Act 1953 56
Therapeutic Goods Act 1989 56
Tobacco Advertising Prohibition Act 1992 56
Witness Protection Act 1994 57
Schedule 7—Repeal of obsolete Acts 58
Part 1—Repeal of Acts 58
Administrative Arrangements Act 1987 58
Film Licensed Investment Company Act 2005 58
Film Licensed Investment Company (Consequential Provisions) Act 2005 58
Territory Authorities (Financial Provisions) Act 1978 58
Treaty of Peace (Germany) Act 1919 59
Part 2—Amendments consequential on repeal of Acts 60
Income Tax Assessment Act 1997 60
A Bill for an Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Statute Law Revision Act 2012.
2 Commencement
(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 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1, Part 1 | The day this Act receives the Royal Assent. | |
| 3. Schedule 1, Part 2 | 1 August 2011. | 1 August 2011 |
| 4. Schedule 1, item 124 | Immediately after the commencement of item 61 of Schedule 1 to the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012. | 1 July 2012 |
| 5. Schedule 1, item 125 | Immediately after the commencement of item 36 of Schedule 1 to the Judges and Governors‑General Legislation Amendment (Family Law) Act 2012. | |
| 6. Schedule 2, item 1 | The day this Act receives the Royal Assent. | |
| 7. Schedule 2, item 2 | Immediately after the time specified in the Business Names Registration (Transitional and Consequential Provisions) Act 2011 for the commencement of Part 1 of Schedule 2 to that Act. | 20 April 2012 |
| 8. Schedule 2, item 3 | Immediately after the time specified in the Clean Energy (Consequential Amendments) Act 2011 for the commencement of Part 1 of Schedule 1 to that Act. | 2 April 2012 |
| 9. Schedule 2, items 4 and 5 | Immediately after the time specified in the Crimes Legislation Amendment Act (No. 2) 2011 for the commencement of item 213 of Schedule 2 to that Act. | 1 January 2012 |
| 10. Schedule 2, items 6 to 10 | Immediately after the time specified in the Crimes Legislation Amendment (Powers and Offences) Act 2012 for the commencement of Part 1 of Schedule 2 to that Act. | 5 April 2012 |
| 11. Schedule 2, item 11 | Immediately after the time specified in the Crimes Legislation Amendment (Powers and Offences) Act 2012 for the commencement of Schedule 3 to that Act. | 5 April 2012 |
| 12. Schedule 2, item 12 | Immediately after the Crimes Legislation Amendment (Powers and Offences) Act 2012 received the Royal Assent. | 4 April 2012 |
| 13. Schedule 2, item 13 | The day this Act receives the Royal Assent. | |
| 14. Schedule 2, item 14 | Immediately after the time specified in the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 for the commencement of item 2 of Schedule 12 to that Act. | 1 July 2009 |
| 15. Schedule 2, item 15 | Immediately after the time specified in the Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 for the commencement of item 1 of Schedule 6 to that Act. | 27 July 2010 |
| 16. Schedule 2, item 16 | Immediately after the time specified in the Freedom of Information Amendment (Reform) Act 2010 for the commencement of item 23 of Schedule 3 to that Act. | 1 November 2010 |
| 17. Schedule 2, items 17 and 18 | Immediately after the time specified in the Freedom of Information Amendment (Reform) Act 2010 for the commencement of Schedule 4 to that Act. | 1 November 2010 |
| 18. Schedule 2, items 19 and 20 | Immediately after the time specified in the Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010 for the commencement of item 78 of Schedule 1 to that Act. | 13 April 2010 |
| 19. Schedule 2, item 21 | Immediately after the time specified in the Human Services Legislation Amendment Act 2011 for the commencement of Schedule 2 to that Act. | 1 July 2011 |
| 20. Schedule 2, items 22 to 24 | Immediately after the time specified in the Human Services Legislation Amendment Act 2011 for the commencement of Part 1 of Schedule 4 to that Act. | 1 July 2011 |
| 21. Schedule 2, items 25 to 29 | Immediately after the time specified in the Human Services Legislation Amendment Act 2011 for the commencement of Part 3 of Schedule 4 to that Act. | 1 July 2011 |
| 22. Schedule 2, item 30 | The day this Act receives the Royal Assent. | |
| 23. Schedule 2, item 31 | Immediately after the time specified in the Offshore Petroleum (Royalty) Amendment Act 2011 for the commencement of section 2 of that Act. | 14 October 2011 |
| 24. Schedule 2, item 32 | Immediately after the time specified in the Renewable Energy (Electricity) Amendment Act 2010 for the commencement of item 39 of Schedule 1 to that Act. | 1 January 2011 |
| 25. Schedule 2, item 33 | The day this Act receives the Royal Assent. | |
| 26. Schedule 2, item 34 | Immediately after the time specified in the Statute Law Revision Act 2011 for the commencement of item 65 of Schedule 5 to that Act. | 19 April 2011 |
| 27. Schedule 2, items 35 and 36 | Immediately after the time specified in the Statute Stocktake (Regulatory and Other Laws) Act 2009 for the commencement of that Act. | 17 November 2009 |
| 28. Schedule 2, item 37 | Immediately after the time specified in the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 for the commencement of Schedule 1 to that Act. | 1 July 2011 |
| 29. Schedule 2, item 38 | The day this Act receives the Royal Assent. | |
| 30. Schedule 2, items 39 and 40 | Immediately after the time specified in the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 for the commencement of Part 3 of Schedule 1 to that Act. | 12 April 2012 |
| 31. Schedule 2, item 41 | The day this Act receives the Royal Assent. | |
| 32. Schedule 2, item 42 | Immediately after the time specified in the Territories Law Reform Act 2010 for the commencement of item 210 of Schedule 1 to that Act. | 1 January 2011 |
| 33. Schedule 2, item 43 | Immediately after the commencement of Schedule 3 to the Competition and Consumer Legislation Amendment Act 2011. | 1 January 2011 |
| 34. Schedule 2, item 44 | The day the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 received the Royal Assent. | 2 March 2011 |
| 35. Schedules 3 and 4 | The day this Act receives the Royal Assent. | |
| 36. Schedule 5 | The 28th day after this Act receives the Royal Assent. | |
| 37. Schedules 6 and 7 | The day this Act receives the Royal Assent. | |
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.
3 Schedule(s)
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.
Schedule 1—Amendment of principal Acts
Part 1—Amendments commencing on Royal Assent
Aged Care Act 1997
1 Paragraph 8‑6(3)(b)
Omit “8‑3A(a)”, substitute “8‑3A(1)(a)”.
Note: This item fixes an incorrect cross‑reference.
2 Subsection 38‑3(3)
Omit “and (c)”, substitute “, (c) and (ca)”.
Note: This item inserts a cross‑reference that was overlooked in a prior amendment of the Aged Care Act 1997.
3 Section 39‑1 (heading)
Repeal the heading, substitute:
39‑1 Certification ceasing to have effect
4 Subparagraph 95A‑1(2)(d)(ii)
Omit “a support contact”, substitute “an assessment contact”.
Note: This item removes a reference to a concept that no longer exists and substitutes a reference to the concept that replaced it.
5 Subparagraph 95A‑1(2)(e)(ii)
Omit “support contacts”, substitute “assessment contacts”.
Note: This item removes a reference to a concept that no longer exists and substitutes a reference to the concept that replaced it.
6 Subparagraph 95A‑12(2)(b)(iii)
Omit “a support contact”, substitute “an assessment contact”.
Note: This item removes a reference to a concept that no longer exists and substitutes a reference to the concept that replaced it.
7 Section 96‑11
Repeal the section.
Note: This item repeals a redundant section.
Aged Care (Bond Security) Act 2006
8 Paragraph 11(1)(a)
Omit “former approved provide”, substitute “former approved provider”.
Note: This item fixes a typographical error.
Air Passenger Ticket Levy (Collection) Act 2001
9 Section 5 (paragraph (c) of the definition of entity)
Omit “partnership;”, substitute “partnership.”.
Note: This item fixes incorrect punctuation.
Airports Act 1996
10 Subsection 84A(1A) (heading)
Repeal the heading.
Note: This item removes an out‑of‑date subsection heading.
Air Services Act 1995
11 Subsection 8(1A) (at the end of paragraphs (a) to (d) of the definition of services)
Add “and”.
Note: This item adds conjunctions at the end of the paragraphs, for consistency with current drafting practice.
Australian Broadcasting Corporation Act 1983
12 Subsection 79A(5) (paragraph (a) of the definition of election period)
Omit “Legislative Assembly of the Australian Capital Territory”, substitute “Legislative Assembly for the Australian Capital Territory”.
Note: This item fixes a misstatement of the name of the Legislative Assembly for the Australian Capital Territory.
Australian Crime Commission Act 2002
13 Subparagraph 4(3)(a)(i)
Omit “Legislative Assembly of”, substitute “Legislative Assembly for”.
Note: This item fixes a misstatement of the name of the Legislative Assembly for the Australian Capital Territory.
14 Subsection 55A(11)
Repeal the subsection.
Note: This item repeals a redundant subsection.
Australian Human Rights Commission Act 1986
15 Section 46PW (heading)
Repeal the heading, substitute:
46PW Referral of discriminatory industrial instruments to Fair Work Australia
Note: This item omits redundant text.
16 Subsections 46PW(3) and (5)
Omit “the Fair Work Australia”, substitute “Fair Work Australia”.
Note: This item omits redundant text.
Australian Law Reform Commission Act 1996
17 Subsection 8(4)
Repeal the subsection.
Note: This item repeals a redundant subsection.
Australian National Preventive Health Agency Act 2010
18 Paragraph 2A(2)(d)
Omit “and”.
Note: This item omits a conjunction at the end of the paragraph, for consistency with current drafting practice.
19 At the end of subparagraphs 11(1)(f)(i), (ii) and (iii)
Add “and”.
Note: This item adds conjunctions at the end of the subparagraphs, for consistency with current drafting practice.
20 Section 11A
Omit “web site”, substitute “website”.
Broadcasting Services Act 1992
21 Subsection 38C(11) (heading)
Repeal the heading, substitute:
Price‑based system for allocating licences where 2 or more applications have been received
Note: This item fixes a punctuation error.
22 Subparagraph 205ZD(b)(ii) (second occurring)
Renumber as subparagraph (iii).
23 Clause 1 of Schedule 2 (paragraph (a) of the definition of election period)
Omit “Legislative Assembly of the Australian Capital Territory”, substitute “Legislative Assembly for the Australian Capital Territory”.
Note: This item fixes a misstatement of the name of the Legislative Assembly for the Australian Capital Territory.
24 Paragraph 41G(3)(b) of Schedule 4
Omit “licence area”, substitute “licence area.”.
Carbon Credits (Carbon Farming Initiative) Act 2011
25 Section 5 (paragraph (b), second occurring, of the definition of native forest)
Reletter as paragraph (ca).
26 Subsection 214(2) (note)
Omit “75AA”, substitute “75”.
Note: This item fixes an incorrect cross‑reference.
27 Section 240 (table item 8)
Omit “to make a determination under section 57 or 58”, substitute “, under regulations made for the purposes of section 57, to make a determination”.
Note: This item fixes an incorrect cross‑reference and removes a redundant cross‑reference.
28 Subparagraph 273(d)(ii) (second occurring)
Reletter as subparagraph (iii).
Civil Aviation (Carriers’ Liability) Act 1959
29 Schedule 5 (operative provisions of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4, paragraph 2 of Article 4)
Omit “himslf”, substitute “himself”.
30 Schedule 5 (operative provisions of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4, paragraph 1 of Article 12)
Omit “orginally”, substitute “originally”.
Competition and Consumer Act 2010
31 Paragraph 139C(1)(a)
Omit “authority or the employee”, substitute “authority of the employee”.
Note: This item fixes a typographical error.
32 Subsection 152AGA(2)
After “subsection 141A(1)”, insert “of the Telecommunications Act 1997”.
Note: This item fixes an incorrect cross‑reference.
33 Subsection 152AGA(2)
After “section 141”, insert “of that Act”.
Note: This item fixes an incorrect cross‑reference.
34 Subsection 152AGA(2) (note)
After “Section 141”, insert “of the Telecommunications Act 1997”.
Note: This item fixes an incorrect cross‑reference.
35 Subsection 152BC(4A) (the subsection (4A) inserted by item 103 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011)
Renumber as subsection (4AA).
36 Paragraph 163A(1)(aaa)
Omit “Australian Consumer law”, substitute “Australian Consumer Law”.
Note: This item fixes a typographical error.
Copyright Act 1968
37 Subsection 144A(3)
Repeal the subsection, substitute:
(3) In this section, a reference to a proceeding includes a reference to a proceeding by way of an application or reference to the Tribunal under this Act.
Note: This item makes amendments for consistency with current drafting practices and to remove references to a repealed section and a type of inquiry that no longer occurs.
Crimes Act 1914
38 Subsection 23YUK(4) (paragraph (b) of the definition of independent review)
Omit “a a”, substitute “a”.
Criminal Code Act 1995
39 Subsection 71.16(1) of the Criminal Code
Omit “(1)”.
Note: This item is consequential on item 40.
40 Subsection 71.16(2) of the Criminal Code
Repeal the subsection.
Note: This item repeals a redundant subsection.
Customs Act 1901
41 Subsection 67EE(3)
Omit “, except in the circumstances referred to in subsection 64AB(3C),”.
Note: This item removes a reference to a subsection that has been repealed.
42 Subsection 132AA(4) (table item 2)
Repeal the item.
Note: This item repeals an item of a table relating to provisions that have been repealed.
43 Subsection 240(1)
Omit “to enable a Collector to enable a Collector”, substitute “to enable a Collector”.
44 Subsection 269ZDB(1A) (the subsection (1A) inserted by item 15 of Schedule 1 to the Customs Amendment (Anti‑dumping Measures) Act 2011)
Renumber as subsection (1AA).
45 Subsection 273GAA(4)
Omit “subsection 119(2)”, substitute “section 118”.
Note: This item fixes an incorrect cross‑reference.
46 Paragraph 273GA(1)(c)
Omit “119”, substitute “118”.
Note: This item fixes an incorrect cross‑reference.
47 Section 273J
Repeal the section.
Note: This item repeals a redundant section.
48 Section 273JA
Repeal the section.
Note: This item repeals a redundant section.
49 Subsection 273K(1)
Omit “or subsection 273J(1) or 273JA(1)”.
Note: This item is consequential on items 47 and 48.
Environment Protection and Biodiversity Conservation Act 1999
50 Section 528 (paragraph (c) of the definition of cetacean)
Omit “from a such a”, substitute “from such a”.
Fair Work (Registered Organisations) Act 2009
51 Subsection 96(3)
Omit “Schedule”, substitute “Act”.
Note: This item fixes an incorrect cross‑reference.
52 Section 317
Omit:
Part 4A provides protection for officers, employees and members of organisations who disclose information about contraventions of this Act or this Act.
substitute:
Part 4A provides protection for officers, employees and members of organisations who disclose information about contraventions of this Act or the Fair Work Act.
Note: This item fixes an incorrect cross‑reference.
Family Law Act 1975
53 Subsection 69C(1)
Omit “and subsection 68T(4)”.
Note: This item removes a redundant cross‑reference.
54 Paragraph 65DAA(2)(b)
Omit “and”.
Note: This item omits a conjunction at the end of a paragraph.
Federal Court of Australia Act 1976
55 Section 23DE (note 1)
Omit “23EA)”, substitute “23EA”.
Note: This item fixes a typographical error.
First Home Saver Accounts Act 2008
56 Division 3 of Part 5 (heading)
Repeal the heading.
Note: This item removes a redundant Division heading.
Freedom of Information Act 1982
57 Subsection 53C(1) (table item 1)
After “relations”, insert “etc.”.
Note: This item updates a cross‑reference to a section heading.
58 Subsection 54Y(2) (note)
After “relations” (first occurring), insert “etc.”.
Note: This item updates a cross‑reference to a section heading.
59 Subsection 55G(1) (note)
After “relations” (first occurring), insert “etc.”.
Note: This item updates a cross‑reference to a section heading.
Great Barrier Reef Marine Park Act 1975
60 Subsection 39QA(2)
Repeal the subsection (not including the note), substitute:
(2) The Financial Management and Accountability Act 1997 does not apply in relation to interest, or other amounts, derived by holders of chargeable permissions from the custody or banking of collected amounts.
Note: This item substitutes a subsection to remove a redundant paragraph.
61 Paragraph 59F(7)(d)
Omit “42(2)”, substitute “48A(2)”.
Note: This item fixes an incorrect cross‑reference.
Health Insurance Act 1973
62 Section 129AAG (heading)
Repeal the heading, substitute:
129AAG Chief Executive Medicare or Departmental employee may deal with documents etc. produced
Note: This item fixes an out‑of‑date section heading.
63 Paragraph 130(9)(c)
Omit “(6)(e) (ea)”, substitute “(6)(e), (ea)”.
Higher Education Support Act 2003
64 Subsection 238‑10(1) (table item 1, column headed “Chapter/Part/section”)
Omit “Section” (wherever occurring), substitute “section”.
Note: This item fixes a typographical error.
65 Paragraph 6(1)(b) of Schedule 1A
Omit “subsection (2)”, substitute “subclause (2)”.
Note: This item fixes an incorrect cross‑reference.
66 Subclause 12A(2) of Schedule 1A
Omit “subsection (1)”, substitute “subclause (1)”.
Note: This item fixes an incorrect cross‑reference.
Human Rights (Parliamentary Scrutiny) Act 2011
67 Paragraph 5(2)(e)
Omit “Chair of Committees”, substitute “Deputy Speaker”.
Note: This item fixes a misstatement of a title.
Human Services (Medicare) Act 1973
68 Section 42 (heading)
Repeal the heading, substitute:
42 Annual report
Note: This item fixes an out‑of‑date section heading.
Industrial Chemicals (Notification and Assessment) Act 1989
69 Subsection 5(1) (definition of Environment Department)
Repeal the definition.
Note: This item repeals a redundant definition.
70 Subsection 21E(1) (heading)
Repeal the heading, substitute:
Maximum quantity—4,000 kilograms
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
71 Subsection 21E(2) (heading)
Repeal the heading, substitute:
Maximum period—2 years
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
72 Subsection 21E(3) (heading)
Repeal the heading, substitute:
Application invalid if another permit held for the same chemical
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
73 Subsection 21H(2) (heading)
Repeal the heading, substitute:
Excess period
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
74 Subsection 21H(3) (heading)
Repeal the heading, substitute:
Contravention of Act etc.
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
75 Subsection 21H(4) (heading)
Repeal the heading, substitute:
Notification of refusal of application
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
76 Subsection 21L(1) (heading)
Repeal the heading, substitute:
Conditions of permit
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
77 Subsection 21L(2) (heading)
Repeal the heading, substitute:
Variation etc. of conditions
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
78 Subsection 21L(3) (heading)
Repeal the heading, substitute:
Conditions may require giving of information
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
79 Subsection 21L(5) (heading)
Repeal the heading, substitute:
Holder includes a person who agrees to be bound by the conditions of a permit
Note: This item removes square brackets from around the subsection heading, for consistency with current drafting practice.
Inspector‑General of Intelligence and Security Act 1986
80 Subsection 22(3) (note)
Omit “section”, substitute “Section”.
Note: This item fixes a typographical error.
Insurance Act 1973
81 Subsection 62ZV(1)
Omit “(1)”.
Note: This item removes a redundant subsection number.
Law Enforcement Integrity Commissioner Act 2006
82 Paragraph 213(3)(d)
Omit “Chair of Committees” (second occurring), substitute “Deputy Speaker”.
Note: This item fixes a misstatement of a title.
83 Subsection 217(1)
Omit “a corruption issue”, substitute “an ACLEI corruption issue”.
Note: This item fixes an incorrect cross‑reference to a corruption issue.
84 Section 218 (heading)
Repeal the heading, substitute:
218 Ombudsman to brief Committee about controlled operations
Note: This item fixes a grammatical error.
Long Service Leave (Commonwealth Employees) Act 1976
85 Subparagraph 4(6)(c)(ii)
Omit “paragraph 51(20) of the Constitution”, substitute “paragraph 51(xx) of the Constitution”.
Note: This item fixes an incorrect citation.
Mutual Assistance in Criminal Matters Act 1987
86 Subsection 3(1) (at the end of paragraph (a) of the definition of premises)
Add “and”.
87 Subsection 34B(2)
Omit “Proceeds of Crime Act 2002”, substitute “Proceeds of Crime Act”.
Note: This item fixes an incorrect citation.
88 Subsection 40(1)
Omit “(1)”.
Note: This item removes a redundant subsection number.
National Broadband Network Companies Act 2011
89 Subsection 49(3)
Omit “11(1)(c)”, substitute “11(1)(b)”.
Note: This item fixes an incorrect cross‑reference.
National Health Act 1953
90 Subsection 4(1) (definition of Director)
Repeal the definition.
Note: This item repeals a redundant definition.
91 Section 99ACEB (heading)
Repeal the heading, substitute:
99ACEB New brands of pharmaceutical items having drug with outstanding staged reductions—new brands not bioequivalent or biosimilar to existing listed brand
Note: This item fixes a typographical error.
92 Paragraph 135A(9)(c)
Omit “(k) (l)”, substitute “(k), (l)”.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
93 Subsection 695P(7)
Omit “relates”, substitute “relates.”.
Parliamentary Superannuation Act 2004
94 Subsection 5(2)
After “if”, insert “a person”.
Note: This item and item 95 together fix a grammatical error.
95 Paragraph 5(2)(a)
Omit “a person ceased”, substitute “ceased”.
Note: This item and item 94 together fix a grammatical error.
96 Subsection 5(3)
After “if”, insert “a person”.
Note: This item and item 97 together fix a grammatical error.
97 Paragraph 5(3)(a)
Omit “a person resigned”, substitute “resigned”.
Note: This item and item 96 together fix a grammatical error.
98 Paragraph 16(1)(a)
After “self managed”, insert “superannuation”.
Note: This item fixes an incorrect reference to a defined term.
99 Subsection 17(1)
After “self managed”, insert “superannuation”.
Note: This item fixes an incorrect reference to a defined term.
Private Health Insurance Act 2007
100 Subsection 99‑1(1)
Omit “*complying private health insurance policy”, substitute “*complying health insurance policy”.
Note: This item fixes an incorrect reference to a defined term.
101 Subsection 279‑15(1)
Omit “*complying private health insurance policies”, substitute “*complying health insurance policies”.
Note: This item fixes an incorrect reference to a defined term.
102 Paragraph 279‑50(2)(b)
Omit “*complying private health insurance policies”, substitute “*complying health insurance policies”.
Note: This item fixes an incorrect reference to a defined term.
103 Subparagraph 282‑1(1)(f)(i)
Omit “complying private health insurance policies”, substitute “complying health insurance policies”.
Note: This item fixes an incorrect reference to a defined term.
Proceeds of Crime Act 2002
104 Paragraph 202(5)(f)
Omit “(d)”, substitute “(d),”.
105 Section 338 (definition of restraining order)
Omit “19”, substitute “19,”.
Product Grants and Benefits Administration Act 2000
106 Section 5 (definition of Deputy Commissioner)
Repeal the definition.
Note: This item repeals a redundant definition.
Product Stewardship Act 2011
107 Subclause 6(2) of Schedule 1
Omit “this subsection”, substitute “this subclause”.
Protection of Movable Cultural Heritage Act 1986
108 Subsection 27(2)
Omit “203A”, substitute “203T”.
Note: This item fixes an incorrect cross‑reference.
Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
109 Schedule 1 (paragraph 1 of Article 41 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971)
Omit “the the”, substitute “the”.
Public Works Committee Act 1969
110 Paragraph 7(5)(d)
Before “of the House of Representatives”, insert “the Deputy Speaker”.
Note: This item fixes a misstatement of a title.
Radiocommunications Act 1992
111 Subparagraph 27(1)(ba)(ii)
Repeal the subparagraph, substitute:
(ii) the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 of Western Australia; or
Note: This item removes a reference to a body that no longer exists and substitutes a reference to a successor body.
Remuneration Tribunal Act 1973
112 Subsection 7(8A)
Omit “Legislative Assembly of the Australian Capital Territory”, substitute “Legislative Assembly for the Australian Capital Territory”.
Note: This item fixes a misstatement of the name of the Legislative Assembly for the Australian Capital Territory.
Social Security Act 1991
113 Subsection 5(1) (definition of dependent child)
Omit “(9)”, substitute “(8A)”.
Note: This item fixes an incorrect cross‑reference.
114 Subsection 5(1) (definition of independent)
Omit “2.11B”, substitute “2.11B,”.
Note: This item fixes incorrect punctuation.
115 Subparagraph 1061PI(7)(j)(ii)
Omit “Eduction”, substitute “Education”.
116 Subsection 1123(1) (note 2)
Omit “Part 2.24”, substitute “Part 3.18A”.
Note: This item fixes an incorrect cross‑reference.
117 Paragraph 1228(1)(c)
Omit “under”.
Note: This item omits a redundant word.
118 Subsection 1228(1) (note)
Omit “for”, substitute “For”.
Special Broadcasting Service Act 1991
119 Subsection 70A(5) (paragraph (a) of the definition of election period)
Omit “Legislative Assembly of the Australian Capital Territory”, substitute “Legislative Assembly for the Australian Capital Territory”.
Note: This item fixes a misstatement of the name of the Legislative Assembly for the Australian Capital Territory.
Superannuation Act 1990
120 Section 33AA
Renumber as section 33J.
Telecommunications Act 1997
121 Subparagraph 123(1)(a)(ii)
Omit “or, e‑marketing activities”, substitute “, e‑marketing activities,”.
Part 2—Amendments commencing on 1 August 2011
Fair Work Act 2009
122 Paragraph 27(1A)(b)
Omit “1995”, substitute “2010”.
Note: This item amends a provision to refer to the new short title of a Victorian Act.
123 Paragraph 351(3)(b)
Omit “1995”, substitute “2010”.
Note: This item amends a provision to refer to the new short title of a Victorian Act.
Part 3—Other amendments
Fair Work Act 2009
124 Subsection 789CC(4)
Omit “indirectly responsible entity”, substitute “entity”.
Note: This item fixes a reference to an incorrect concept.
Judges’ Pensions Act 1968
125 Section 8
Omit “If”, substitute “Subject to section 17AH, if”.
Schedule 2—Amendment of amending Acts
Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011
1 At the end of paragraph 4(4)(a)
Add “and”.
Note: This item adds a conjunction at the end of a paragraph, for consistency with current drafting practice.
Business Names Registration (Transitional and Consequential Provisions) Act 2011
2 Item 8 of Schedule 2
Omit “or a”, substitute “of a”.
Note: This item fixes a misdescribed amendment.
Clean Energy (Consequential Amendments) Act 2011
3 Item 62 of Schedule 1
Omit “her”, substitute “he”.
Note: This item fixes a misdescribed amendment.
Crimes Legislation Amendment Act (No. 2) 2011
4 Item 213 of Schedule 2
Repeal the item, substitute:
213 Subsection 45(1A)
Omit “The Director of Public Prosecutions”, substitute “The proceeds of crime authority”.
213A Paragraph 45(1A)(a)
Omit “Director of Public Prosecutions”, substitute “authority”.
213B Subsection 45(1B)
Omit “Director of Public Prosecutions”, substitute “proceeds of crime authority”.
Note: This item fixes a misdescribed amendment and fixes some incomplete amendments.
5 Item 216 of Schedule 2
Omit “DPP”, substitute “Director of Public Prosecutions”.
Note: This item fixes a misdescribed amendment.
Crimes Legislation Amendment (Powers and Offences) Act 2012
6 Item 3 of Schedule 2
Omit “the Chair”, substitute “The Chair”.
Note: This item fixes a misdescribed amendment.
7 Item 13 of Schedule 2
Omit “the Chair”, substitute “The Chair”.
Note: This item fixes a misdescribed amendment.
8 Item 14 of Schedule 2
Omit “the Board”, substitute “The Board”.
Note: This item fixes a misdescribed amendment.
9 Item 15 of Schedule 2
Omit “the Board shall”, substitute “The Board shall”.
Note: This item fixes a misdescribed amendment.
10 Item 15 of Schedule 2
Omit “the Board and”, substitute “The Board and”.
Note: This item fixes a grammatical error.
11 Item 4 of Schedule 3
Omit “Crime”, substitute “Crimes”.
Note: This item fixes a misdescribed amendment.
12 Item 37 of Schedule 4
Repeal the item, substitute:
37 After subparagraph 110(4)(b)(iv)
Insert:
(v) in any case—any eligible seizable item;
Note: This item relocates a subparagraph to its correct location within a paragraph.
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004
13 Subsection 2(1) (table items 6, 9, 12, 16, 20 and 22)
Repeal the items.
Note: This item repeals commencement table items made redundant by parliamentary amendments.
Fair Work (State Referral and Consequential and Other Amendments) Act 2009
14 Item 2 of Schedule 12 (heading)
Omit “713(d)”, substitute “713(2)(d)”.
Note: This item fixes a misdescribed amendment.
Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010
15 Item 1 of Schedule 6
Omit “Maximum Penalty”, substitute “Maximum penalty”.
Note: This item fixes a misdescribed amendment.
Freedom of Information Amendment (Reform) Act 2010
16 Item 23 of Schedule 3
Omit “documents,”, substitute “documents”.
Note: This item fixes a misdescribed amendment.
17 Paragraph 65(1)(a) of Schedule 4
After “Information”, insert “Act”.
Note: This item fixes a misstatement of the short title of an Act.
18 Paragraph 41(a) of Schedule 6
After “Information”, insert “Act”.
Note: This item fixes a misstatement of the short title of an Act.
Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010
19 Item 78 of Schedule 1
Omit “section 105AC”, substitute “Section 105AC”.
Note: This item fixes a misdescribed amendment.
20 Item 78 of Schedule 1
Omit “sections 105AC”, substitute “Sections 105AC”.
Note: This item fixes a misdescribed amendment.
Human Services Legislation Amendment Act 2011
21 Item 42 of Schedule 2
Before “,”, insert “(wherever occurring)”.
Note: This item fixes a misdescribed amendment.
22 Item 114 of Schedule 4
Repeal the item.
Note: This item repeals an item that amends a provision that does not exist.
23 Item 174 of Schedule 4 (heading)
After “(4),”, insert “(6), (6A),”.
Note: This item fixes some incomplete amendments.
24 Item 395 of Schedule 4
Before “,”, insert “(wherever occurring)”.
Note: This item fixes a misdescribed amendment.
25 Item 636 of Schedule 4
Omit “An employee”, substitute “an employee”.
Note: This item fixes a misdescribed amendment.
26 Item 636 of Schedule 4
Omit “A Departmental”, substitute “a Departmental”.
Note: This item fixes a misdescribed amendment.
27 Item 637 of Schedule 4
Omit “an employee”, substitute “An employee”.
Note: This item fixes a misdescribed amendment.
28 Item 637 of Schedule 4
Omit “a Departmental”, substitute “A Departmental”.
Note: This item fixes a misdescribed amendment.
29 Items 642 and 643 of Schedule 4
Repeal the items.
Note: This item repeals redundant items.
Marriage Amendment Act 2002
30 Subitem 27(1) of Schedule 1 (paragraph (a) of the definition of existing marriage celebrant)
Omit “commencehment”, substitute “commencement”.
Offshore Petroleum (Royalty) Amendment Act 2011
31 Subsection 2(1) (table item 2, column 2)
Omit “Offshore Petroleum Greenhouse Gas Storage Amendment (National Regulator) Act 2011”, substitute “Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011”.
Note: This item fixes a misstatement of the short title of an Act.
Renewable Energy (Electricity) Amendment Act 2010
32 Item 39 of Schedule 1
Omit:
This Part deals with the creation, trading and extinguishing of renewable energy certificates.
substitute:
This Part provides for the creation, trading and extinguishing of renewable energy certificates.
Note: This item fixes a misdescribed amendment.
Statute Law Revision Act 2010
33 Item 137 of Schedule 5 (heading relating to the Veterans’ Entitlements Act 1986)
Repeal the heading.
Note: This item repeals a redundant heading.
Statute Law Revision Act 2011
34 Item 65 of Schedule 5 (heading)
Repeal the heading, substitute:
65 Section 3
Note: This item fixes a misdescribed amendment.
Statute Stocktake (Regulatory and Other Laws) Act 2009
35 Part 2 of Schedule 1 (heading relating to the Product Grants and Benefits Administration Act 2000)
Repeal the heading.
Note: This item repeals a redundant heading.
36 Item 25 of Schedule 1
Repeal the item.
Note: This item repeals a redundant item.
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011
37 Item 215 of Schedule 1
Omit “of the”, substitute “of”.
Note: This item fixes a misdescribed amendment.
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010
38 Subsection 2(1) (table items 1A and 1)
Repeal the items, substitute:
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 15 December 2010 |
| 1A. Schedule 1, Part 1A | The day after this Act receives the Royal Assent. | 16 December 2010 |
Note: This item fixes the order of table items 1 and 1A in the commencement table in subsection 2(1) of the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010, to reflect the order of the provisions in that Act.
Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011
39 Item 104 of Schedule 1 (heading)
Repeal the heading, substitute:
104 Before subsection 152BCB(5)
Note: This item fixes a misdescribed amendment.
40 Item 106 of Schedule 1 (heading)
Repeal the heading, substitute:
106 Before subsection 152BDA(5)
Note: This item fixes a misdescribed amendment.
Telstra (Transition to Full Private Ownership) Act 2005
41 Part 2 of Schedule 1 (heading relating to the Long Service Leave (Commonwealth Employees) Regulations 1957)
Repeal the heading.
Note: This item repeals a redundant heading.
Territories Law Reform Act 2010
42 Item 210 of Schedule 1
Before “,”, insert “(wherever occurring)”.
Note: This item fixes a misdescribed amendment.
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
43 Item 96 of Schedule 5
Omit “VC,,”, substitute “VC,”.
Trans‑Tasman Proceedings (Transitional and Consequential Provisions) Act 2010
44 Subsection 2(1) (table items 4 and 6, column 2)
Omit “2010” (wherever occurring), substitute “2011”.
Note: This item fixes misstatements of the short title of an Act.
Schedule 3—Amendments relating to specific references to regulations
Crimes (Hostages) Act 1989
1 Subsection 3(1) (paragraph (a) of the definition of Australian aircraft)
Omit “in accordance with the Civil Aviation Regulations as an Australian aircraft”, substitute “under regulations made under the Civil Aviation Act 1988”.
Crimes (Internationally Protected Persons) Act 1976
2 Subsection 3(1) (paragraph (a) of the definition of Australian aircraft)
Omit “in accordance with the Civil Aviation Regulations as an Australian aircraft”, substitute “under regulations made under the Civil Aviation Act 1988”.
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990
3 Section 3 (paragraph (a) of the definition of Australian aircraft)
Omit “in accordance with the Civil Aviation Regulations as an Australian aircraft”, substitute “under regulations made under the Civil Aviation Act 1988”.
Criminal Code Act 1995
4 Dictionary in the Criminal Code (paragraph (a) of the definition of Australian aircraft)
Omit “the Civil Aviation Regulations as an Australian aircraft”, substitute “regulations made under the Civil Aviation Act 1988”.
Radiocommunications Act 1992
5 Section 5 (definition of Australian aircraft)
Omit “registered in accordance with the Civil Aviation Regulations as an Australian aircraft”, substitute “registered, or required to be registered, under regulations made under the Civil Aviation Act 1988”.
Registration of Deaths Abroad Act 1984
6 Subsection 3(1) (paragraph (a) of the definition of Australian aircraft)
Omit “in Australia in accordance with the Civil Aviation Regulations”, substitute “under regulations made under the Civil Aviation Act 1988”.
South Pacific Nuclear Free Zone Treaty Act 1986
7 Subsection 4(1) (paragraph (a) of the definition of Australian aircraft)
Omit “in accordance with the Civil Aviation Regulations as an Australian aircraft”, substitute “under regulations made under the Civil Aviation Act 1988”.
Sydney Airport Demand Management Act 1997
8 Section 32 (paragraph (a) of the definition of state aircraft)
Omit “in Australia in accordance with the Civil Aviation Regulations”, substitute “under regulations made under the Civil Aviation Act 1988”.
Transport Safety Investigation Act 2003
9 Subsection 3(1) (definition of Australian defence aircraft)
Omit “the Civil Aviation Regulations”, substitute “regulations made under the Civil Aviation Act 1988”.
Schedule 4—Amendments relating to the Acts Interpretation Act 1901
Part 1—Acting appointments
Age Discrimination Act 2004
1 Subsection 53H(1)
Omit “(1)”.
2 At the end of subsection 53H(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
3 Subsection 53H(2)
Repeal the subsection.
Australian National Preventive Health Agency Act 2010
4 Subsection 23(1)
Omit “(1)”.
5 At the end of subsection 23(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
6 Subsection 23(2)
Repeal the subsection.
7 At the end of subsections 40(1) and (2)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
8 Subsection 40(5)
Repeal the subsection.
Carbon Credits (Carbon Farming Initiative) Act 2011
9 Subsection 259(3) (note)
Omit “Note”, substitute “Note 1”.
10 At the end of subsection 259(3)
Add:
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
11 Subsection 259(4)
Repeal the subsection.
ComSuper Act 2011
12 Subsection 11(1)
Omit “(1)”.
13 At the end of subsection 11(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
14 Subsection 11(2)
Repeal the subsection.
Governance of Australian Government Superannuation Schemes Act 2011
15 At the end of subsection 18(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
16 Subsection 18(7)
Repeal the subsection.
Human Services (Centrelink) Act 1997
17 At the end of subsection 7A(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
18 Subsection 7A(3)
Repeal the subsection.
Human Services (Medicare) Act 1973
19 At the end of subsection 4A(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
20 Subsection 4A(3)
Repeal the subsection.
National Health Reform Act 2011
21 Subsection 22(4) (note)
Omit “Note”, substitute “Note 1”.
22 At the end of subsection 22(4)
Add:
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
23 Subsection 22(5)
Repeal the subsection.
24 At the end of subsection 39(2)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
25 Subsection 39(3)
Repeal the subsection.
26 At the end of subsection 74(4)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
27 Subsection 74(5)
Repeal the subsection.
28 At the end of subsection 94(2)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
29 Subsection 94(3)
Repeal the subsection.
30 At the end of subsection 146(4)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
31 Subsection 146(7)
Repeal the subsection.
32 At the end of subsection 165(2)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
33 Subsection 165(3)
Repeal the subsection.
34 At the end of subsection 181(3)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
35 Subsection 181(4)
Repeal the subsection.
National Vocational Education and Training Regulator Act 2011
36 Subsection 171(1)
Omit “(1)”.
37 At the end of subsection 171(1)
Add:
Note: For rules that apply to persons acting as the Chief Commissioner, see section 33A of the Acts Interpretation Act 1901.
38 Subsection 171(2)
Repeal the subsection.
39 At the end of subsections 172(1) and (2)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
40 Subsection 172(3)
Repeal the subsection.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
41 At the end of subsection 695C(1)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
42 Subsection 695C(3)
Repeal the subsection.
Product Stewardship Act 2011
43 At the end of subclause 3(3) of Schedule 1
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
44 Subclause 3(4) of Schedule 1
Repeal the subclause.
Tertiary Education Quality and Standards Agency Act 2011
45 At the end of subsection 147(3)
Add:
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
46 Subsection 147(4)
Repeal the subsection.
47 Subsection 179(2) (note)
Omit “Note”, substitute “Note 1”.
48 At the end of subsection 179(2)
Add:
Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
49 Subsection 179(3)
Repeal the subsection.
50 Saving—appointments
The amendments made by this Part do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
Part 2—Prescribing matters by reference to other instruments
International War Crimes Tribunals Act 1995
51 Subsection 42(3)
Omit “section 49A of the Acts Interpretation Act 1901”, substitute “section 14 of the Legislative Instruments Act 2003”.
Schedule 5—References to specific Ministers and Departments
Part 1—Amendments
Food Standards Australia New Zealand Act 1991
1 Subsection 4(1)
Insert:
Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.
2 Paragraph 13(1)(j)
Omit “Department administering”, substitute “Department administered by the Minister administering”.
3 Subsection 138(2)
Omit “Minister for Finance”, substitute “Finance Minister”.
Loans Securities Act 1919
4 Section 2
Insert:
Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.
5 Subsections 6(1) and (3)
Omit “Minister for Finance”, substitute “Finance Minister”.
National Health Act 1953
6 Subsection 4(1) (definition of Health Department)
Repeal the definition.
7 Subsection 4(1) (definition of Health Minister)
Repeal the definition.
8 Paragraph 99YBC(2)(b)
Omit “Health Department classifications”, substitute “the Department’s classifications”.
9 Section 139C
Omit “Secretary of the Health Department”, substitute “Secretary”.
Part 2—Transitional, saving and application provisions
10 Transitional—amendments do not affect things done
Things done under amended provisions
(1) Subitem (2) applies to a thing done under a provision of an Act if:
(a) the provision is amended by an item of this Schedule; and
(b) the thing was in force immediately before the commencement of that item.
(2) The thing has effect, after the commencement of that item, as if it had been done under that provision as amended by that item. However, this is not taken to change the time at which the thing was actually done.
Amendments do not affect requirements for things done
(3) Subitem (4) applies to a thing done under an Act if:
(a) the thing was in force, and complied with a requirement of that Act, immediately before the commencement of an item of this Schedule; and
(b) immediately after the commencement of that item, the thing fails to comply with that requirement solely because of the amendments of that Act made by that item.
(4) Disregard those amendments when considering, on and after the commencement of that item, whether the thing complies with that requirement.
Meaning of things done
(5) In this item, doing a thing includes:
(a) making an instrument; and
(b) making a decision.
11 Regulations may deal with transitional etc. matters
The Governor‑General may make regulations dealing with matters of a transitional, saving or application nature relating to the amendments or repeals made by this Schedule.
Schedule 6—Repeal of obsolete provisions
Airports (Transitional) Act 1996
1 Part 14
Repeal the Part.
2 Schedule 4
Repeal the Schedule.
AUSSAT Repeal Act 1991
3 Sections 10 and 11
Repeal the sections.
4 Part 4
Repeal the Part.
5 Schedules 1 and 2
Repeal the Schedules.
Australian Airlines (Conversion to Public Company) Act 1988
6 Parts X, XI and XII
Repeal the Parts.
7 Schedules 1 and 2
Repeal the Schedules.
Australian Antarctic Territory Act 1954
8 Section 3
Repeal the section.
Australian Capital Territory (Planning and Land Management) Act 1988
9 Part IX
Repeal the Part.
10 Schedule
Repeal the Schedule.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
11 Part 11 (heading)
Repeal the heading, substitute:
Part 11—Transitional provisions
12 Divisions 2 and 4 of Part 11
Repeal the Divisions.
Australian Maritime Safety Authority Act 1990
13 Part 8
Repeal the Part.
14 Schedule
Repeal the Schedule.
Bank Integration Act 1991
15 Part 6
Repeal the Part.
16 Schedule 3
Repeal the Schedule.
CFM Sale Act 1996
17 Section 4
Repeal the section.
18 Schedules 1 and 2
Repeal the Schedules.
Circuit Layouts Act 1989
19 Section 49
Repeal the section.
20 Schedule
Repeal the Schedule.
Commonwealth Bank Sale Act 1995
21 Part 2
Repeal the Part.
22 Schedule
Repeal the Schedule.
Commonwealth Banks Restructuring Act 1990
23 Parts 2 and 3
Repeal the Parts.
24 Schedule
Repeal the Schedule.
Commonwealth Funds Management Limited Act 1990
25 Parts 9 and 10
Repeal the Parts.
Crimes (Aviation) Act 1991
26 Section 3 (definition of repealed Acts)
Repeal the definition.
27 Subsection 52(1)
Omit “(1)”.
28 Paragraph 52(1)(f)
Omit “regulations; and”, substitute “regulations.”.
29 Paragraph 52(1)(g)
Repeal the paragraph.
30 Subsection 52(2)
Repeal the subsection.
31 Section 53
Repeal the section.
32 Schedule 5
Repeal the Schedule.
Crimes (Currency) Act 1981
33 Sections 31 to 42
Repeal the sections.
CSL Sale Act 1993
34 Parts 2 to 5
Repeal the Parts.
35 Section 53
Repeal the section.
36 Schedules 1 and 2
Repeal the Schedules.
Damage by Aircraft Act 1999
37 Section 13
Repeal the section.
38 Schedule 1
Repeal the Schedule.
Foreign Judgments Act 1991
39 Part 5
Repeal the Part.
Insurance Acquisitions and Takeovers Act 1991
40 Part 10
Repeal the Part.
41 Schedule
Repeal the Schedule.
Limitation of Liability for Maritime Claims Act 1989
42 Sections 12 and 13
Repeal the sections.
43 Schedules 2 and 3
Repeal the Schedules.
Long Service Leave (Commonwealth Employees) Act 1976
44 Section 3
Repeal the section.
45 Saving
Despite the repeal of section 3 of the Long Service Leave (Commonwealth Employees) Act 1976 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement as if that repeal had not happened.
46 Section 25
Repeal the section.
Marine Navigation Levy Collection Act 1989
47 Section 13
Repeal the section.
48 Schedule
Repeal the Schedule.
Native Title Act 1993
49 Part 14
Repeal the Part.
Northern Territory Acceptance Act 1919
50 Section 4
Repeal the section.
Parliamentary Service Act 1999
51 Part 10
Repeal the Part.
52 Schedule 1
Repeal the Schedule.
Qantas Sale Act 1992
53 Subsection 3(1) (definition of Long Service Leave Act)
Omit “the commencement of Part 5 of this Act”, substitute “30 July 1995”.
54 Parts 5 and 6
Repeal the Parts.
55 Subsections 26(1) and (2)
Omit “the commencement of Part 5”, substitute “30 July 1995”.
56 Subsection 26(3)
Omit “the commencement of Part 5 of this Act” (wherever occurring), substitute “30 July 1995”.
57 Paragraph 26(8)(a)
Omit “the commencement of Part 5”, substitute “30 July 1995”.
58 Section 32
Omit “before the commencement of Part 5”, substitute “before 30 July 1995”.
59 Paragraph 32(b)
Omit “after the commencement of Part 5”, substitute “after the beginning of 30 July 1995”.
60 Sections 36, 38 and 51
Repeal the sections.
61 Schedule
Repeal the Schedule.
Remuneration and Allowances Act 1990
62 Part 3
Repeal the Part.
Safety, Rehabilitation and Compensation Act 1988
63 Part X (heading)
Repeal the heading, substitute:
Part X—Transitional provisions
64 Divisions 4 and 5 of Part X
Repeal the Divisions.
65 Schedule
Repeal the Schedule.
Snowy Mountains Engineering Corporation Limited Sale Act 1993
66 Subsection 3(1) (definition of Long Service Leave Act)
Omit “the commencement of Part 2 of this Act”, substitute “9 November 1993”.
67 Parts 2 and 3
Repeal the Parts.
68 Section 44
Repeal the section.
69 Schedule
Repeal the Schedule.
Special Broadcasting Service Act 1991
70 Parts 9 and 10
Repeal the Parts.
71 Schedule
Repeal the Schedule.
72 Saving
Despite the repeal of Part 10 of the Special Broadcasting Service Act 1991 made by this Schedule, that Part, as in force immediately before the commencement of this item, continues to apply on and after that commencement as if that repeal had not happened.
Superannuation Act 1922
73 Part VI
Repeal the Part.
74 Subsection 119ZE(3)
Omit “sections 99 and”, substitute “section”.
Surplus Revenue Act 1910
75 Section 2
Repeal the section.
Surveillance Devices Act 2004
76 Schedule 1 (heading relating to the Criminal Code Act 1995)
Repeal the heading.
77 Item 4 of Schedule 1
Repeal the item.
78 Schedule 1 (heading relating to the Mutual Assistance in Criminal Matters Act 1987)
Repeal the heading.
79 Item 7 of Schedule 1
Repeal the item.
Sydney Airport Demand Management Act 1997
80 Section 5
Repeal the section.
81 Schedule 2
Repeal the Schedule.
Taxation Administration Act 1953
82 Before the Schedule titled “First Schedule—Amendments of Acts”
Omit:
The Schedules
Section 2(1)
83 Schedule titled “First Schedule—Amendments of Acts”
Repeal the Schedule.
84 Schedule titled “Second Schedule—Citation of Acts amended”
Repeal the Schedule.
Therapeutic Goods Act 1989
85 Section 62
Repeal the section.
86 Sections 64 and 65
Repeal the sections.
87 Section 69
Omit “former Act” (wherever occurring), substitute “Therapeutic Goods Act 1966”.
88 Schedule
Repeal the Schedule.
Tobacco Advertising Prohibition Act 1992
89 Part 5
Repeal the Part.
Witness Protection Act 1994
90 Section 31
Repeal the section.
91 Schedule
Repeal the Schedule.
Schedule 7—Repeal of obsolete Acts
Part 1—Repeal of Acts
Administrative Arrangements Act 1987
1 The whole of the Act
Repeal the Act.
Note: This item repeals spent legislation.
2 Saving
Despite the repeal of section 19 of the Administrative Arrangements Act 1987 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement as if that repeal had not happened.
Film Licensed Investment Company Act 2005
3 The whole of the Act
Repeal the Act.
Note: This item repeals spent legislation.
Film Licensed Investment Company (Consequential Provisions) Act 2005
4 The whole of the Act
Repeal the Act.
Note: This item repeals spent legislation.
Territory Authorities (Financial Provisions) Act 1978
5 The whole of the Act
Repeal the Act.
Note: This item repeals spent legislation.
Treaty of Peace (Germany) Act 1919
6 The whole of the Act
Repeal the Act.
Note: This item repeals spent legislation.
Part 2—Amendments consequential on repeal of Acts
Income Tax Assessment Act 1997
7 Paragraph 376‑55(4)(e)
Repeal the paragraph.
Note: This item is consequential on item 3.
8 Subsection 703‑20(2) (table item 6)
Repeal the item.
Note: This item is consequential on item 3.
9 Subsection 995‑1(1) (definition of film licensed investment company)
Repeal the definition.
Note: This item is consequential on item 3.