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Terrorism Insurance Act 2003

Authoritative Version
Act No. 43 of 2003 as amended, taking into account amendments up to Home Affairs and Integrity Agencies Legislation Amendment Act 2018
An Act relating to insurance cover for terrorist acts, and to other matters
Administered by: Treasury
Registered 23 May 2018
Start Date 11 May 2018

Commonwealth Coat of Arms of Australia

Terrorism Insurance Act 2003

No. 43, 2003

Compilation No. 8

Compilation date:                              11 May 2018

Includes amendments up to:            Act No. 31, 2018

Registered:                                         23 May 2018

 

About this compilation

This compilation

This is a compilation of the Terrorism Insurance Act 2003 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 1

4............ Act extends to things outside Australia............................................... 2

Part 2—Insurance for terrorism risks                                                                       3

6............ Declared terrorist incidents.................................................................. 3

7............ Eligible insurance contracts................................................................. 4

8............ Effect of terrorism exclusions in eligible insurance contracts.............. 5

Part 3—Australian Reinsurance Pool Corporation                                          7

Division 1—Establishment, functions and powers of the Corporation   7

9............ Establishment of Corporation.............................................................. 7

10.......... Functions of Corporation.................................................................... 7

11.......... Powers of Corporation........................................................................ 7

12.......... Constitution of Corporation................................................................ 7

Division 2—Administrative provisions about members                             9

13.......... Appointment of members.................................................................... 9

14.......... Acting Chair........................................................................................ 9

15.......... Additional terms and conditions of appointment of members............. 9

16.......... Outside employment of members...................................................... 10

17.......... Remuneration and allowances of members....................................... 10

18.......... Leave of absence............................................................................... 10

19.......... Resignation....................................................................................... 10

20.......... Termination of appointment of members........................................... 10

Division 3—Meetings of the Corporation                                                        12

21.......... Times and places of meetings............................................................ 12

22.......... Procedure at meetings....................................................................... 12

23.......... Resolutions without meetings........................................................... 12

Division 4—Chief Executive                                                                                   14

24.......... Chief Executive................................................................................. 14

25.......... Duties of the Chief Executive............................................................ 14

26.......... Termination of appointment.............................................................. 14

27.......... Acting appointments......................................................................... 14

28.......... Additional terms and conditions of appointment of Chief Executive. 15

29.......... Outside employment of Chief Executive........................................... 15

30.......... Leave of absence............................................................................... 15

31.......... Resignation....................................................................................... 16

Division 5—Employees and consultants                                                           17

32.......... Employees......................................................................................... 17

33.......... Consultants....................................................................................... 17

Division 6—Finances                                                                                                   18

34.......... Application of money........................................................................ 18

35.......... Commonwealth guarantee................................................................. 18

36.......... Liability to taxation............................................................................ 18

37.......... Appropriation of Consolidated Revenue Fund.................................. 18

Division 7—Miscellaneous                                                                                       20

38.......... Minister may give directions to Corporation..................................... 20

39.......... Evidence—Corporation’s seal........................................................... 21

40.......... Delegation by Corporation................................................................ 21

Part 4—Miscellaneous                                                                                                       22

41.......... Review of Act................................................................................... 22

42.......... Compensation—constitutional safety net.......................................... 22

43.......... Regulations....................................................................................... 23

Endnotes                                                                                                                                    24

Endnote 1—About the endnotes                                                                            24

Endnote 2—Abbreviation key                                                                                26

Endnote 3—Legislation history                                                                             27

Endnote 4—Amendment history                                                                           29


An Act relating to insurance cover for terrorist acts, and to other matters

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Terrorism Insurance Act 2003.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Definitions

                   In this Act, unless the contrary intention appears:

Australia includes Norfolk Island.

Note:          See also section 2B of the Acts Interpretation Act 1901 (which provides that in any Act Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands) and section 15B of the Acts Interpretation Act 1901 (which includes the coastal sea).

Corporation means the Australian Reinsurance Pool Corporation established by section 9.

declared terrorist incident means an act or acts declared under section 6 to be a declared terrorist incident.

eligible insurance contract has the meaning given by section 7.

eligible property means the following property that is located in Australia:

                     (a)  buildings (including fixtures) or other structures or works on, in or under land;

                     (b)  tangible property that is located in, or on, property to which paragraph (a) applies;

                     (c)  any other property prescribed by the regulations.

Note:          Roads, tunnels, dams and pipelines are examples of eligible property.

eligible terrorism loss means a loss or liability arising from a declared terrorist incident, but does not include a loss or liability arising from the hazardous properties (including radioactive, toxic or explosive properties) of nuclear fuel, nuclear material or nuclear waste.

excess means an amount of an insurance claim that is to be paid or borne by the insured.

member means a member of the Corporation, and includes the Chair.

own, in relation to eligible property, includes:

                     (a)  owning the property together with another person or other persons; and

                     (b)  having an insurable interest in the property.

reduction percentage means a reduction percentage specified in a declaration under section 6, and includes such a percentage as varied under that section.

startup time means the beginning of 1 July 2003.

terrorist act has the meaning given by section 100.1 of the Criminal Code.

4  Act extends to things outside Australia

                   Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.

Part 2Insurance for terrorism risks

  

6  Declared terrorist incidents

             (1)  If the Minister is satisfied that, after the startup time:

                     (a)  a terrorist act has happened in Australia; or

                     (b)  2 or more related terrorist acts have happened in Australia;

then the Minister must, by notice in the Gazette, declare that the act constitutes, or the acts together constitute, a declared terrorist incident for the purposes of this Act.

             (2)  A terrorist act cannot be taken into account for the purposes of subsection (1) if the Minister is satisfied that it is an act of war.

             (3)  A terrorist act that consists merely of a threat of action cannot be taken into account for the purposes of subsection (1) unless the Minister is satisfied that the threat resulted in economic loss to a person.

             (4)  A terrorist act that consists of threatened action is taken to have happened in Australia if, and only if, the threatened action would happen in Australia.

          (4A)  Before making a declaration under this section, the Minister must consult the Minister administering the Australian Security Intelligence Organisation Act 1979.

             (5)  A declaration under this section cannot be revoked.

             (6)  A declaration under this section may specify a reduction percentage that applies to the declared terrorist incident for the purposes of section 8.

             (7)  A reduction percentage must be specified if the Minister considers that, in the absence of a reduction percentage, the total amounts paid or payable by the Commonwealth under section 35 (including amounts not related to the act or acts specified in the declaration) would be more than $10,000 million.

             (8)  The Minister may, by notice in the Gazette, vary the reduction percentage, but only by making it smaller. The percentage may be varied more than once.

             (9)  The Minister may delegate his or her powers under this section to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

7  Eligible insurance contracts

             (1)  A contract of insurance is an eligible insurance contract to the extent that it provides insurance cover for one or more of the following:

                     (a)  loss of, or damage to, eligible property that is owned by the insured;

                     (b)  business interruption and consequential loss arising from:

                              (i)  loss of, or damage to, eligible property that is owned or occupied by the insured; or

                             (ii)  inability to use eligible property, or part of eligible property, that is owned or occupied by the insured;

                     (c)  liability of the insured that arises out of the insured being the owner or occupier of eligible property.

             (2)  A contract covered by subsection (1) is not an eligible insurance contract to the extent to which it is:

                     (a)  a contract of reinsurance; or

                     (b)  prescribed by the regulations for the purposes of this subsection.

             (3)  A contract of insurance is not an eligible insurance contract if it is made in the course of State insurance not extending beyond the limits of the State concerned.

             (4)  This section extends to contracts made before the commencement of this section.

8  Effect of terrorism exclusions in eligible insurance contracts

             (1)  A terrorism exclusion in an eligible insurance contract has no effect in relation to a loss or liability to the extent to which the loss or liability is an eligible terrorism loss.

             (2)  For the purposes of subsection (1), terrorism exclusion means an exclusion or exception (however described) for:

                     (a)  acts that are described using the word “terrorism” or “terrorist” or words of similar effect; or

                     (b)  other acts (however described) that are substantially similar to terrorist acts as defined in section 100.1 of the Criminal Code; or

                     (c)  acts that are described using the word “chemical”, “biological”, “polluting”, “contaminating”, “pathogenic” or “poisoning” or words of similar effect.

             (3)  If:

                     (a)  apart from this subsection, an amount (the base amount) would be payable under the contract, solely because of this section, in respect of a declared terrorist incident; and

                     (b)  a reduction percentage applies to the declared terrorist incident; and

                     (c)  if the contract was made on or after 1 October 2003—the insurer is reinsured with the Corporation in respect of the whole or a part of the insurer’s liabilities under the contract that arise solely because of this section;

then the base amount is to be reduced by the reduction percentage.

             (4)  The Corporation is liable to compensate an insurer for:

                     (a)  a liability incurred by the insurer under a protected contract, to the extent that the liability arises solely because of this section; and

                     (b)  expenditure incurred by the insurer in connection with, or arising from, the assessment, management, conduct, rejection, defence or settlement of a claim by the insured, to the extent to which the claim is:

                              (i)  under a protected contract; and

                             (ii)  in respect of a liability that arises (or is alleged to arise) solely because of this section.

For the purposes of this subsection, protected contract means an eligible insurance contract that is in force at the startup time or is entered into after the startup time and before 1 October 2003.

Part 3Australian Reinsurance Pool Corporation

Division 1Establishment, functions and powers of the Corporation

9  Establishment of Corporation

                   The Australian Reinsurance Pool Corporation is established by this section.

10  Functions of Corporation

                   The Corporation has the following functions:

                     (a)  to provide insurance cover for eligible terrorism losses (whether by entering into contracts or by other means);

                     (b)  any other functions that are prescribed by the regulations.

11  Powers of Corporation

             (1)  The Corporation has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  For the avoidance of doubt, the powers of the Corporation include:

                     (a)  the power to charge premiums in respect of contracts of insurance for which it is the insurer; and

                     (b)  the power to charge fees for services that it provides in connection with the performance of its functions.

12  Constitution of Corporation

             (1)  The Corporation consists of the following members:

                     (a)  a Chair;

                     (b)  at least 4, but not more than 6, other members.

             (2)  The Corporation:

                     (a)  is a body corporate with perpetual succession; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued in its corporate name.

Division 2Administrative provisions about members

13  Appointment of members

             (1)  The members of the Corporation are to be appointed in writing by the Minister, on a part‑time basis.

             (2)  A member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.

             (3)  The Minister must not appoint a person as a member unless the Minister is satisfied that the person:

                     (a)  has suitable qualifications or experience; and

                     (b)  is of good character.

             (4)  The appointment of a member is not invalid merely because of a defect or irregularity in connection with the member’s appointment.

14  Acting Chair

                   The Minister may appoint a member to act as the Chair:

                     (a)  during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

15  Additional terms and conditions of appointment of members

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

16  Outside employment of members

                   A member must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties.

17  Remuneration and allowances of members

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

             (2)  A member is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

18  Leave of absence

                   The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.

19  Resignation

                   A member may resign his or her appointment by giving the Minister a written resignation.

20  Termination of appointment of members

             (1)  The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate a member’s appointment if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, except on leave of absence, from 3 consecutive meetings of the Corporation; or

                     (c)  the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office; or

                     (e)  the Minister is of the opinion that the performance of the member has been unsatisfactory for a significant period of time.

Note:          The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

Division 3Meetings of the Corporation

21  Times and places of meetings

             (1)  The Corporation must hold such meetings as are necessary for the efficient performance of its functions.

             (2)  The Chair:

                     (a)  may convene a meeting at any time; and

                     (b)  must convene a meeting on receipt of a written request signed by at least 2 other members.

             (3)  Meetings are to be held at such places as the Chair determines.

22  Procedure at meetings

             (1)  The Chair presides at all meetings at which he or she is present.

             (2)  If the Chair is not present at a meeting, the members present are to appoint one of their number to preside.

             (3)  A quorum is constituted by a majority of the members for the time being holding office.

             (4)  A question is decided by a majority of the votes of the members present and voting.

             (5)  The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.

             (6)  Subject to this section, the procedure is to be as determined by the Corporation.

23  Resolutions without meetings

                   If the Corporation so determines, a resolution is taken to have been passed at a meeting of the Corporation if:

                     (a)  without meeting, a majority of the members indicate agreement with the resolution in accordance with the method determined by the Corporation; and

                     (b)  that majority would have constituted a quorum at a meeting of the Corporation.

Division 4Chief Executive

24  Chief Executive

             (1)  There is to be a Chief Executive of the Corporation.

             (2)  The Chief Executive is to be appointed in writing by the Corporation on a full‑time basis.

             (3)  A member of the Corporation cannot be appointed as Chief Executive.

             (4)  The appointment of a person as Chief Executive is not invalid merely because of a defect or irregularity in connection with the person’s appointment.

25  Duties of the Chief Executive

             (1)  The Chief Executive is to manage the affairs of the Corporation subject to the directions of, and in accordance with policies determined by, the Corporation.

             (2)  A thing is taken to have been done by the Corporation if it is done in the name of the Corporation, or on behalf of the Corporation:

                     (a)  by the Chief Executive; or

                     (b)  with the authority of the Chief Executive.

26  Termination of appointment

                   The Corporation may at any time terminate the appointment of the Chief Executive.

27  Acting appointments

             (1)  The Corporation may appoint a person to act as the Chief Executive for a period not exceeding 3 months:

                     (a)  during a vacancy in the office of Chief Executive (whether or not an appointment has previously been made to the office); or

                     (b)  during any period when the Chief Executive is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (2)  If, at the end of the 3 month period:

                     (a)  there continues to be a vacancy in the office of Chief Executive; or

                     (b)  the Chief Executive continues to be absent or unable to perform the duties of the office;

then the Minister, on the recommendation of the Corporation, may appoint a person to act as the Chief Executive.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (4)  An appointment under this section must be in writing.

28  Additional terms and conditions of appointment of Chief Executive

                   The Chief Executive holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined in writing by the Corporation.

29  Outside employment of Chief Executive

                   The Chief Executive must not engage in paid employment outside the duties of his or her office except with the approval of the Corporation.

30  Leave of absence

                   The Chair may grant leave of absence to the Chief Executive on the terms and conditions that the Chair determines.

31  Resignation

                   The Chief Executive may resign his or her appointment by giving the Corporation a written resignation.

Division 5Employees and consultants

32  Employees

             (1)  The Corporation may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.

             (2)  An employee is to be employed on the terms and conditions that the Corporation determines in writing.

33  Consultants

             (1)  The Corporation may engage persons having suitable qualifications and experience as consultants to the Corporation.

             (2)  The consultants are to be engaged on the terms and conditions that the Corporation determines in writing.

Division 6Finances

34  Application of money

             (1)  The Corporation’s money is to be applied only:

                     (a)  in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Corporation in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of remuneration and allowances payable under this Act.

             (2)  Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Corporation.

35  Commonwealth guarantee

             (1)  The Commonwealth guarantees the due payment of money that may become payable by the Corporation to any person other than the Commonwealth.

             (3)  If at any time the Corporation considers it likely that it will be unable to discharge all its liabilities, after taking into account the guarantee under this section, then the Corporation must give the Minister a written notice to that effect.

36  Liability to taxation

                   The Corporation is not subject to income tax under a law of the Commonwealth.

37  Appropriation of Consolidated Revenue Fund

                   The Consolidated Revenue Fund is appropriated for:

                     (a)  payment to the Corporation of amounts borrowed by the Corporation from the Commonwealth; and

                     (b)  payments by the Commonwealth under section 35.

Division 7Miscellaneous

38  Minister may give directions to Corporation

             (1)  The Minister may give written directions to the Corporation in relation to the performance of its functions and the exercise of its powers.

             (2)  The directions that may be given under subsection (1) include the following:

                     (a)  directions requiring the Corporation to pay money to the Commonwealth;

                     (b)  directions requiring the Corporation to enter into contracts to borrow money from the Commonwealth;

                     (c)  directions requiring the Corporation to enter into contracts to borrow money from persons other than the Commonwealth;

                     (d)  directions setting premiums that are to be charged by the Corporation in respect of contracts of insurance;

                     (e)  directions relating to the extent to which risk is to be retained by the insured under a contract of reinsurance with the Corporation.

             (3)  Without limiting paragraph (2)(a), a direction under that paragraph may require the Corporation to make the following payments to the Commonwealth:

                     (a)  payments designed to ensure that sections 35 and 36 do not result in a competitive advantage for the Corporation;

                     (b)  payments in the nature of dividends.

             (4)  A direction under paragraph (2)(c) cannot require the Corporation to enter into a contract with a particular person.

             (5)  The Corporation must perform its functions and exercise its powers in a manner consistent with any directions given by the Minister under this section.

             (6)  As soon as practicable after the Minister gives a direction covered by paragraph (2)(d) or (e), the Minister must cause the direction to be published.

39  Evidence—Corporation’s seal

                   All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of the Corporation appearing on a document; and

                     (b)  presume that the document was duly sealed.

40  Delegation by Corporation

                   The Corporation may, by writing, delegate all or any of its powers or functions under this Act to:

                     (a)  the Chief Executive; or

                     (b)  a person employed under section 32.

Note:          See also subsection 25(3).

Part 4Miscellaneous

  

41  Review of Act

                   At least once every 3 years after the startup time, the Minister must prepare a report that reviews the need for this Act to continue in operation.

42  Compensation—constitutional safety net

             (1)  If:

                     (a)  the operation of this Act would result in the acquisition of property otherwise than on just terms; and

                     (b)  the acquisition would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

             (3)  The Consolidated Revenue Fund is appropriated for the purposes of this section.

             (4)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

43  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Terrorism Insurance Act 2003

43, 2003

24 June 2003

24 June 2003 (s 2)

 

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 1143–1148) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 11, 12)

Sch 3 (items 10, 11)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 12 (items 209–212) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 79) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014

116, 2014

3 Nov 2014

Sch 1 (items 140–143): 1 Dec 2014 (s 2(1) item 2)

Sch 1 (item 143)

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 6 (item 30) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Treasury Laws Amendment (2016 Measures No. 1) Act 2017

25, 2017

4 Apr 2017

Sch 1: 1 July 2017 (s 2(1) item 2)

Sch 1 (item 2)

Home Affairs and Integrity Agencies Legislation Amendment Act 2018

31, 2018

9 May 2018

Sch 2 (items 240, 241, 284) 11 May 2018 (s 2(1) items 3, 7)

Sch 2 (item 284)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 46, 2011; No 116, 2014

s 5........................................

rep No 116, 2014

Part 2

 

s 6........................................

am No 31, 2018

s 8........................................

am No 116, 2014; No 25, 2017

Part 3

 

Division 2

 

s. 14.....................................

am. No. 46, 2011

s 20......................................

am No 62, 2014

Division 3

 

s 22......................................

am No 62, 2014

Division 4

 

s 27......................................

am No 46, 2011

s 31......................................

am No 36, 2015

Division 6

 

s 34......................................

am No 62, 2014