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SLI 2013 No. 236 Orders/Other as made
This order amends the Acts Interpretation (Substituted References - Section 19B) Order 1997 to alter a reference in a provision of an Act to a particular Minister, Department or Secretary of a Department to ensure that Ministers, Departments and Secretaries of Departments can exercise all powers granted to them following the amendments of the Administrative Arrangements Order.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 2
Made 08 Nov 2013
Registered 11 Nov 2013
Tabled HR 13 Nov 2013
Tabled Senate 13 Nov 2013
Date of repeal 13 Nov 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Commonwealth Coat of Arms

 

Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

 

Select Legislative Instrument No. 236, 2013

I, RADM Kevin Scarce AC CSC RANR, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following order under the authority set out in section 3.

Signed and sealed with the Great Seal of Australia
on 08 November 2013

Rear Admiral Kevin Scarce

Administrator

By His Excellency’s Command

George Brandis QC

Attorney‑General

 

  

  


Contents

1............ Name of order..................................................................................... 1

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

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments taken to have commenced on 18 September 2013     2

Acts Interpretation (Substituted References—Section 19B) Order 1997         2

Schedule 2—Amendments commencing day after registration                 8

Acts Interpretation (Substituted References—Section 19B) Order 1997         8

 


1  Name of order

                   This order is the Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2).

2  Commencement

                   Each provision of this order 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 4 and anything in this order not elsewhere covered by this table

The day after this order is registered.

 

2.  Schedule 1

18 September 2013

18 September 2013

3.  Schedule 2

The day after this order is registered.

 

3  Authority

                   This order is made under section 19B of the Acts Interpretation Act 1901.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments taken to have commenced on 18 September 2013

  

Acts Interpretation (Substituted References—Section 19B) Order 1997

1  At the end of Schedule 1

Add:

Part 17Substitutions made on 18 September 2013

  

 

Substitutions made on 18 September 2013

Item

Existing reference

Substitute reference

Affected provisions

1

Minister for Housing and Homelessness

Minister for Social Services

Schedule 1 to the Appropriation Act (No. 2) 2013‑2014

2

Minister for Infrastructure and Transport

Minister for Infrastructure and Regional Development

Schedule 1 to the Appropriation Act (No. 2) 2013‑2014

3

Minister for Sustainability, Environment, Water, Population and Communities

Minister for the Environment

Schedule 1 to the Appropriation Act (No. 2) 2013‑2014

2  At the end of Schedule 2

Add:

Part 13Substitutions made on 18 September 2013

  

 

Substitutions made on 18 September 2013

Item

Existing reference

Substitute reference

Affected provisions

1

Department of Broadband, Communications and the Digital Economy

Department of Communications

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

2

Department of Education, Employment and Workplace Relations

Department of Employment

payment to Comcare in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014

3

Department of Families, Housing, Community Services and Indigenous Affairs

Department of the Prime Minister and Cabinet

payments to Aboriginal Hostels Limited, Indigenous Business Australia, Indigenous Land Corporation and Torres Strait Regional Authority in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014 and Schedule 2 to the Appropriation Act (No. 2) 2013‑2014

4

Department of Families, Housing, Community Services and Indigenous Affairs

Department of Social Services

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except:

(a) the provisions that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997; and

(b) the provisions mentioned in item 3

5

Department of Health and Ageing

Department of Health

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

6

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

Department of the Prime Minister and Cabinet

payments to Australian Institute of Aboriginal and Torres Strait Islander Studies in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014 and Schedule 2 to the Appropriation Act (No. 2) 2013‑2014

7

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

Department of Industry

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except:

(a) the provisions that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997; and

(b) the provisions mentioned in item 6

8

Department of Infrastructure and Transport

Department of Infrastructure and Regional Development

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

9

Department of Regional Australia, Local Government, Arts and Sport

Department of Health

payment to Australian Sports Commission in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014

10

Department of Regional Australia, Local Government, Arts and Sport

Attorney‑General’s Department

payments to Australia Council, Australian Film, Television and Radio School, Australian National Maritime Museum, National Film and Sound Archive, National Gallery of Australia, National Library of Australia, National Museum of Australia, National Portrait Gallery of Australia and Screen Australia in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014 and Schedule 2 to the Appropriation Act (No. 2) 2013‑2014

11

Department of Resources, Energy and Tourism

Department of Foreign Affairs and Trade

payment to Tourism Australia in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014

12

Department of Agriculture, Fisheries and Forestry

Department of Agriculture

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

13

Department of Finance and Deregulation

Department of Finance

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

14

Department of Immigration and Citizenship

Department of Immigration and Border Protection

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

15

Department of Sustainability, Environment, Water, Population and Communities

Department of the Environment

provisions of the Appropriation Act (No. 1) 2013‑2014 and the Appropriation Act (No. 2) 2013‑2014, except those that are the subject of a determination under section 32 of the Financial Management and Accountability Act 1997

3  At the end of Schedule 3

Add:

Part 13Substitutions made on 18 September 2013

  

 

Substitutions made on 18 September 2013

Item

Existing reference

Substitute reference

Affected provisions

1

Health Secretary; or

Secretary of the Health Department

Secretary of the Department of Social Services

provisions of the Human Services (Medicare) Regulations 1975

Schedule 2Amendments commencing day after registration 

 

Acts Interpretation (Substituted References—Section 19B) Order 1997

1  Part 16 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 16Substitutions made on 27 April 2013

2  Part 16 of Schedule 1 (table heading)

Repeal the heading, substitute:

Substitutions made on 27 April 2013

3  At the end of Schedule 1

Add:

Part 18Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

  

 

Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

Item

Existing reference

Substitute reference

Affected provisions

1

Minister for Climate Change and Energy Efficiency

Minister for Industry

subregulation 4VA(1) of the Customs (Prohibited Imports) Regulations 1956

2

Minister for Tertiary Education, Skills, Science and Research

Minister for Education

provisions of Part 4 of Schedule 6 to the Corporations Regulations 2001

 

3

Minister for Employment and Workplace Relations; or

Minister for Climate Change, Industry and Innovation; or

Minister for Tertiary Education, Skills, Science and Research

Minister for Employment; or

Minister for Industry; or

Minister for Education

provisions of the Migration Regulations 1994 and instruments made under those Regulations

4

Minister for Climate Change, Industry and Innovation

Minister for Industry

section 6.1 of the Disability (Access to Premises—Buildings) Standards 2010

provisions of instruments made under the Customs Act 1901 and the Customs Tariff Act 1995

5

Minister for Home Affairs

Minister for Justice

all provisions, except the provision mentioned in item 6

6

Attorney‑General

or

Minister for Home Affairs

Minister for Immigration and Border Protection

subregulation 3(1) of the Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998

7

Minister for Agriculture, Fisheries and Forestry

Minister for Agriculture

regulations 4K and 5I of the Customs (Prohibited Imports) Regulations 1956

regulations 4A and 5 of the Customs (Prohibited Exports) Regulations 1958

8

Minister for Sustainability, Environment, Water, Population and Communities

Minister for the Environment

item 3 of Schedule 3 to the Customs (Prohibited Imports) Regulations 1956

9

Minister for Infrastructure and Transport

Minister for Infrastructure and Regional Development

section 34.1 of the Disability Standards for Accessible Public Transport 2002

10

Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Minister for Employment

subregulation 7B(1) of the Financial Management and Accountability Regulations 1997

11

Minister for School Education, Early Childhood and Youth

Minister for Education

section 11.1 of the Disability Standards for Education 2005

4  Part 12 of Schedule 2 (heading)

Repeal the heading, substitute:

Part 12Substitutions made on 27 April 2013

5  Part 12 of Schedule 2 (table heading)

Repeal the heading, substitute:

Substitutions made on 27 April 2013

6  At the end of Schedule 2

Add:

Part 14Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

  

 

Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

Item

Existing reference

Substitute reference

Affected provisions

1

Department of Education, Employment and Workplace Relations

Department of Education

 

provisions of the Migration Regulations 1994

2

Department of Agriculture, Fisheries and Forestry

Department of Agriculture

regulations 4K and 5I of the Customs (Prohibited Imports) Regulations 1956

regulation 4A of the Customs (Prohibited Exports) Regulations 1958

3

Department of Health and Ageing

Department of Health or

Department of Social Services

paragraph 6A.6.1 of the Treatment Principles paragraph 6A.6.1 of the MRCA Treatment Principles

4

Department of Sustainability, Environment, Water, Population and Communities

Department of the Environment

subregulations 4.05(3) and 5.02(3) of the Airports (Environment Protection) Regulations 1997

item 3 of Schedule 3 to the Customs (Prohibited Imports) Regulations 1956

5

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

Department of the Environment

methodology determinations made under section 106 of the Carbon Credits (Carbon Farming Initiative) Act 2011

6

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

Department of Industry

provisions of the following:

(a) the ASIC Market Integrity Rules (Competition in Exchange Markets) 2011;

(b) the Motor Vehicle Standards Regulations 1989;

(c) the Customs Administration Regulations 2000

provisions of instruments made under the Food Standards Australia New Zealand Act 1991 and the Migration Regulations 1994

7

Department of Resources, Energy and Tourism

Department of Industry

subregulation 9AA(1) of the Customs (Prohibited Exports) Regulations 1958 and regulation 4MA of the Customs (Prohibited Imports) Regulations 1956

8

Department of Education, Employment and Workplace Relations

Department of Industry

provisions of the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2)

7  Part 12 of Schedule 3 (heading)

Repeal the heading, substitute:

Part 12Substitutions made on 27 April 2013

8  Part 12 of Schedule 3 (table heading)

Repeal the heading, substitute:

Substitutions made on 27 April 2013

9  At the end of Schedule 3

Add:

Part 14Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

  

 

Substitutions made on commencement of Acts Interpretation (Substituted References—Section 19B) Amendment Order 2013 (No. 2)

Item

Existing reference

Substitute reference

Affected provisions

1

Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs

Secretary of the Department of Social Services

provisions of Schedule 2 to the Migration Regulations 1994

 

2

Secretary

Secretary of the Department of Social Services

subsection 42(1) of the Health and Other Services (Compensation) Act 1995

3

Secretary of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

Secretary of the Department of Industry

provisions of instruments made under the Freedom of Information Act 1982