Federal Register of Legislation - Australian Government

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Orders/Other as made
This instrument amends the Acts Interpretation Substituted Reference Order 2017 to vary the operation of multiple legislative provisions to ensure that secretaries of departments of state and Australian public service employees can exercise relevant powers granted under legislation in accordance with the responsibilities outlined in the Administrative Arrangements Order of 5 December 2019, or in the case of the Services Australia, conferred by Executive Order.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 01
Registered 31 Jan 2020
Tabling HistoryDate
Tabled HR04-Feb-2020
Tabled Senate04-Feb-2020
Date of repeal 02 Feb 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Acts Interpretation Amendment (2020 Measures No. 1) Substituted Reference Order 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following substituted reference order.

Dated 30 January 2020

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Attorney‑General

 

  

  


Contents

1............ Name............................................................................................................................. 1

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

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

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Acts Interpretation Substituted Reference Order 2017                                                                  2

 


1  Name

                   This instrument is the Acts Interpretation Amendment (2020 Measures No. 1) Substituted Reference Order 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

1 February 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

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

4  Schedules

                   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

  

Acts Interpretation Substituted Reference Order 2017

1  At the end of Part 3

Add:

3.7  Substitutions having effect on and after 1 February 2020

                   The following table sets out substitutions having effect on and after 1 February 2020 that affect provisions of a single Act or instrument that refer to Departments.

 

Substitutions having effect on and after 1 February 2020—references to Departments in a single Act or instrument

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

A New Tax System (Family Assistance) (Administration) Act 1999, subsection 3(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

2

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006, section 5 (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

3

Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2017, section 5 (definition of National Plantation Inventory)

Department of Agriculture and Water Resources

Department of Agriculture, Water and the Environment

4

Child Support (Registration and Collection) Act 1988, subsection 4(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

5

Data‑matching Program (Assistance and Tax) Act 1990, subsection 3(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

6

Dental Benefits Act 2008, section 4 (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

7

Freedom of Information Act 1982, subsection 4(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

8

Human Services (Centrelink) Act 1997:

(a) section 3 (definition of Departmental employee);

(b) paragraph 7(2)(a);

(c) subsection 7A(1)

the Department

Services Australia

9

Human Services (Medicare) Act 1973:

(a) section 3 (definition of Departmental employee);

(b) paragraph 4(2)(a);

(c) subsection 4A(1);

(d) paragraphs 41C(2)(c) and 41CA(5)(b)

the Department, if the reference to the Department would, apart from this item, be read as a reference to the Department of Social Services in accordance with section 19A of the Acts Interpretation Act 1901

Services Australia

10

My Health Records Act 2012, section 5 (definition of Human Services Department)

the Department administered by the Minister administering the Human Services (Medicare) Act 1973

Services Australia

11

National Redress Scheme for Institutional Child Sexual Abuse Act 2018, section 6 (definition of Human Services Department)

the Department administered by the Minister administering the Human Services (Centrelink) Act 1997

Services Australia

12

Paid Parental Leave Act 2010, section 6 (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

13

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988, item 3 of the table in subsection 151A(1)

that Department

Services Australia

14

Social Security Act 1991, subsection 23(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

15

Student Assistance Act 1973, subsection 3(1) (definition of Human Services Department)

the Department administered by the Human Services Minister

Services Australia

2  At the end of Part 4

Add:

4.6  Substitutions having effect on and after 1 February 2020

                   The following table sets out substitutions having effect on and after 1 February 2020 that affect provisions of a single Act or instrument that refer to Secretaries.

 

Substitutions having effect on and after 1 February 2020—references to Secretaries in a single Act or instrument

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

A New Tax System (Family Assistance) Act 1999, subsection 3(1) (definition of Human Services Secretary)

Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997

Chief Executive Officer of Services Australia

2

A New Tax System (Family Assistance) Act 1999, paragraphs 57GM(b) and 57GO(3)(b)

Secretary of the Human Services Department

Chief Executive Officer of Services Australia

3

A New Tax System (Family Assistance) (Administration) Act 1999:

(a) subsection 3(1) (paragraph (b) of the definition of head);

(b) subsections 109C(2) and 221(3)

Secretary of the Human Services Department

Chief Executive Officer of Services Australia

4

Child Support (Registration and Collection) Act, subsection 4(1) (definition of Human Services Secretary)

Secretary of the Human Services Department

 

Chief Executive Officer of Services Australia

5

Human Services (Centrelink) Act 1997:

(a) section 3 (definition of Secretary);

(b) section 8B

Secretary of the Department

Chief Executive Officer of Services Australia

6

Human Services (Medicare) Act 1973:

(a) section 3 (definition of Secretary);

(b) section 7A

Secretary of the Department

Chief Executive Officer of Services Australia

7

My Health Records Act 2012, paragraph 105(6)(c)

Secretary of the Human Services Department

Chief Executive Officer of Services Australia

8

National Redress Scheme for Institutional Child Sexual Abuse Act 2018, section 67 (heading)

Human Services Secretary

Chief Executive Officer of Services Australia

9

National Redress Scheme for Institutional Child Sexual Abuse Act 2018, paragraphs 67(b) and 70(3)(b)

Secretary of the Human Services Department

 

Chief Executive Officer of Services Australia

10

Paid Parental Leave Act 2010, section 6 (definition of Human Services Secretary)

Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997

Chief Executive Officer of Services Australia

11

Paid Parental Leave Act 2010, paragraphs 278F(b) and 278H(3)(b)

Secretary of the Human Services Department

Chief Executive Officer of Services Australia

12

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988, item 3 of the table in subsection 151A(1)

Secretary of the Department administered by the Minister who administers the Human Services (Centrelink) Act 1997

Chief Executive Officer of Services Australia

13

Social Security Act 1991, subsection 23(1) (definition of Human Services Secretary)

Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997

Chief Executive Officer of Services Australia

14

Social Security Act 1991, paragraphs 38R(b) and 38T(3)(b)

Secretary of the Human Services Department

Chief Executive Officer of Services Australia