Acts Interpretation Substituted Reference Order 2017
made under section 19B of the
Acts Interpretation Act 1901
Compilation No. 4
Compilation date: 1 October 2022
Includes amendments up to: F2022L01283
Registered: 19 October 2022
About this compilation
This compilation
This is a compilation of the Acts Interpretation Substituted Reference Order 2017 that shows the text of the law as amended and in force on 1 October 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1.1......... Name............................................................................................................................. 1
1.3......... Authority....................................................................................................................... 1
1.4......... Simplified outline of this instrument.............................................................................. 1
1.5......... Definitions..................................................................................................................... 1
Part 2—References to Ministers 2
2.1......... References to Ministers................................................................................................. 2
2.2......... Substitutions having effect on and after 1 July 2014..................................................... 2
2.3......... Substitutions having effect on and after 19 July 2016................................................... 2
2.4......... Substitutions having effect on and after 21 December 2017.......................................... 3
2.5......... Substitutions having effect on and after 29 May 2019.................................................. 6
2.6......... Substitutions having effect on and after 1 July 2022..................................................... 7
2.7......... Substitutions having effect on and after 1 September 2022........................................... 7
Part 3—References to Departments 9
3.1......... References to Departments............................................................................................ 9
3.2......... Substitutions having effect on and after 30 September 2015......................................... 9
3.3......... Substitutions having effect on and after 19 July 2016................................................... 9
3.4......... Substitutions having effect on and after 21 December 2017........................................ 10
3.5......... Substitutions having effect on and after 29 May 2019................................................ 11
3.6......... Substitutions having effect on and after 1 July 2019................................................... 12
3.7......... Substitutions having effect on and after 1 February 2020........................................... 14
3.8......... Substitutions having effect on and after 1 July 2022................................................... 15
3.9......... Substitutions having effect on and after 1 October 2022............................................. 16
Part 4—References to Secretaries 17
4.1......... References to Secretaries............................................................................................. 17
4.2......... Substitutions having effect on and after 6 May 2017.................................................. 17
4.3......... Substitutions having effect on and after 21 December 2017........................................ 17
4.4......... Substitutions having effect on and after 29 May 2019................................................ 18
4.5......... Substitutions having effect on and after 1 July 2019................................................... 19
4.6......... Substitutions having effect on and after 1 February 2020........................................... 21
Part 5—References to other offices or holders of offices 23
5.1......... References to offices or holders of offices.................................................................. 23
5.2......... Substitutions having effect on and after 1 October 2022............................................. 23
Endnotes 24
Endnote 1—About the endnotes 24
Endnote 2—Abbreviation key 25
Endnote 3—Legislation history 26
Endnote 4—Amendment history 27
Part 1—Preliminary
1.1 Name
This instrument is the Acts Interpretation Substituted Reference Order 2017.
1.3 Authority
This instrument is made under section 19B of the Acts Interpretation Act 1901.
1.4 Simplified outline of this instrument
This instrument affects certain provisions of Acts, and instruments made under Acts, that refer to authorities (such as Ministers, Departments and Secretaries of Departments).
It directs that those provisions have effect for all purposes, on and after specified days, as if there were substituted references to other authorities.
A provision may have been affected, before a particular substitution is made, by a previous substitution made by this instrument, the Acts Interpretation (Substituted References—Section 19B) Order 1997 or the Acts Interpretation (Substituted References—Section 19BA) Order 2004.
After a substitution is made, the provision may be affected by a later substitution made by this instrument or by an amendment made by an Act or instrument.
Note: The Acts Interpretation (Substituted References—Section 19B) Order 1997 and the Acts Interpretation (Substituted References—Section 19BA) Order 2004 continue to have effect under item 5 of Schedule 2 to the Acts and Instruments (Framework Reform) Act 2015.
1.5 Definitions
In this instrument:
authority has the same meaning as in section 19B of the Acts Interpretation Act 1901.
provision means a provision of an Act or an instrument under an Act.
Part 2—References to Ministers
2.1 References to Ministers
A provision mentioned in column 1 of an item of a table in this Part that refers to a Minister mentioned in column 2 of the item has effect for all purposes, on and after the day mentioned in the heading to that table, as if there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item.
2.2 Substitutions having effect on and after 1 July 2014
The following table sets out substitutions having effect on and after 1 July 2014 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 1 July 2014—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Clean Energy Finance Corporation Act 2012, section 4 (definition of Finance Minister) | Minister administering the Commonwealth Authorities and Companies Act 1997 | Minister administering the Public Governance, Performance and Accountability Act 2013 |
2.3 Substitutions having effect on and after 19 July 2016
(1) The following table sets out substitutions having effect on and after 19 July 2016 that affect provisions of multiple Acts or instruments that refer to Ministers.
| Substitutions having effect on and after 19 July 2016—references to Ministers in multiple Acts or instruments |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | All provisions | Minister for Revenue and Assistant Treasurer | Minister for Revenue and Financial Services |
(2) The following table sets out substitutions having effect on and after 19 July 2016 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 19 July 2016—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Clean Energy Finance Corporation Act 2012, section 4 (paragraph (a) of the definition of responsible Ministers) | Minister for the Environment | Minister administering the Clean Energy Finance Corporation Act 2012 |
| 2 | Customs (Prohibited Exports) Regulations 1958: (a) subregulation 9(1) (definition of Minister); (b) subregulation 13G(3); (c) paragraphs 13H(4)(b) and (c); (d) Schedule 7 (heading); (e) subparagraph 1(g)(ii) of Schedule 7 | Minister for Resources and Energy | Minister administering the National Radioactive Waste Management Act 2012 |
| 3 | Customs (Prohibited Exports) Regulations 1958, subregulation 9AA(1) (definition of Minister) | Minister for Resources and Energy | Minister administering the Offshore Minerals Act 1994 |
| 4 | Customs (Prohibited Imports) Regulations 1956, item 3 of Schedule 3 | Minister for the Environment | Minister administering the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 |
2.4 Substitutions having effect on and after 21 December 2017
(1) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of multiple Acts or instruments that refer to Ministers.
| Substitutions having effect on and after 21 December 2017—references to Ministers in multiple Acts or instruments |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | All provisions | Minister for Immigration and Border Protection | Minister for Home Affairs |
(2) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 21 December 2017—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Administrative Decisions (Judicial Review) Act 1977, paragraphs (daa) and (daaa) of Schedule 1 | Attorney‑General | Minister for Home Affairs |
| 2 | A New Tax System (Family Assistance) Act 1999, Division 7 of Part 3 | Attorney‑General | Minister for Home Affairs |
| 3 | Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006, section 5 (definition of Attorney‑General’s Department) | Attorney‑General, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901 | Attorney‑General |
| 4 | Australian Citizenship Act 2007, section 6A | Attorney‑General | Minister for Home Affairs |
| 5 | Australian Crime Commission Act 2002, subsections 12(1) and (1A) and section 16 | Attorney‑General of the Commonwealth, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901 | Attorney‑General of the Commonwealth |
| 6 | Australian Federal Police Act 1979, sections 44, 47B, 49P and 51 | the Minister | Attorney‑General |
| 7 | Crimes Act 1914, sections 3ZZAE, 3ZZAF, 15GG and 15LD | the Minister | Attorney‑General |
| 8 | Crimes Act 1914, section 9A | Attorney‑General | Minister for Home Affairs |
| 9 | Crimes Act 1914, Part ID | Attorney‑General, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901 | Attorney‑General |
| 10 | Crimes (Aviation) Act 1991, sections 37, 41 and 48 | Attorney‑General, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901 | Attorney‑General |
| 11 | Criminal Code: (a) section 72.28; (b) section 72.36, paragraph (a) of the definition of responsible Minister; (c) subsection 117.1(2); (d) section 119.8; (e) Part 9.1; (f) paragraphs 471.18(2)(d), 471.21(2)(d), 474.21(2)(d) and 474.24(2)(d) | the Minister | Minister for Home Affairs |
| 12 | Criminology Research Act 1971, subsection 19(2) | Attorney‑General | Minister administering the Criminology Research Act 1971 |
| 13 | Customs Act 1901, subsection 208DA(4) | Attorney‑General | Minister for Home Affairs |
| 14 | Customs (Prohibited Exports) Regulations 1958, regulation 3 | Attorney‑General | Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 |
| 15 | Customs (Prohibited Imports) Regulations 1956, regulation 4A | Attorney‑General | Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 |
| 16 | Customs (Prohibited Imports) Regulations 1956, regulation 4AA and Schedule 6 | Attorney‑General | Minister for Home Affairs |
| 17 | Migration Act 1958, sections 143 to 147 (inclusive) and 162 | Attorney‑General | Minister for Home Affairs |
| 18 | Migration Regulations 1994: (a) regulation 1.03, definition of assistance notice; (b) regulation 2.07AK; (c) clause 060.511 of Schedule 2 | Attorney‑General | Minister for Home Affairs |
| 19 | Offshore Petroleum and Greenhouse Gas Storage Act 2006, subsections 604(5) and 610(4) | Attorney‑General | Minister for Home Affairs |
| 20 | Paid Parental Leave Act 2010, Division 5 of Part 6‑1 | Attorney‑General | Minister for Home Affairs |
| 21 | Proceeds of Crime Act 2002, paragraph 297(c) | the Minister | Attorney‑General |
| 22 | Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (as in force for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988), Schedule | Attorney‑General or the Minister for Justice | Minister for Home Affairs |
| 23 | Service and Execution of Process Act 1992, subsection 100(4) | Attorney‑General for the Commonwealth | Minister for Home Affairs |
| 24 | Social Security Act 1991, Part 1.3B | Attorney‑General | Minister for Home Affairs |
| 25 | Telecommunications Act 1997: (a) sections 58A and 581; (b) clauses 57A and 72A of Schedule 3A | Attorney‑General | Minister for Home Affairs |
| 26 | Telecommunications Act 1997, sections 275B, 275D, 295Y, 295ZB and 295ZD | Minister administering the Administrative Decisions (Judicial Review) Act 1977 | Minister for Home Affairs |
| 27 | Terrorism Insurance Act 2003, subsection 6(1) | Attorney‑General | Minister for Home Affairs |
2.5 Substitutions having effect on and after 29 May 2019
The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 29 May 2019—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Migration Regulations 1994, regulation 1.03 (definition of Employment Minister) | Minister administering the Fair Entitlements Guarantee Act 2012 | Minister responsible for employment policy, including employment services |
| 2 | Social Security (Administration) Act 1999, subsection 243A(4) (definition of Employment Minister) | Minister administering the Fair Entitlements Guarantee Act 2012 | Minister responsible for employment policy, including employment services |
2.6 Substitutions having effect on and after 1 July 2022
The following table sets out substitutions having effect on and after 1 July 2022 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 1 July 2022—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Business Names Registration (Availability of Names) Determination 2015, item 204 of the table in Part 2 of Schedule 2 | Minister for Tertiary Education, Skills, Jobs and Workplace Relations | Minister administering the Tertiary Education Quality and Standards Agency Act 2011 |
| 2 | Disability (Access to Premises — Buildings) Standards 2010, subsection 6.1(1) | Minister for Innovation, Industry, Science and Research | Minister administering the Industry Research and Development Act 1986 |
| 3 | Disability Standards for Accessible Public Transport 2002, subsection 34.1(1) | Minister for Transport and Regional Services | Minister administering the National Land Transport Act 2014 |
| 4 | Disability Standards for Education 2005, section 11.1 | Minister for Education, Science and Training | Minister for Education |
2.7 Substitutions having effect on and after 1 September 2022
The following table sets out substitutions having effect on and after 1 September 2022 that affect provisions of a single Act or instrument that refer to Ministers.
| Substitutions having effect on and after 1 September 2022—references to Ministers in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Telecommunications Act 1997: (a) subsections 275B(2) and (5); (b) subsection 275D(2); (c) paragraph 295Y(b); (d) subsections 295ZB(1) and (2); (e) subsection 295ZD(1) | AFP Minister | Minister for Emergency Management |
Part 3—References to Departments
3.1 References to Departments
A provision mentioned in column 1 of an item of a table in this Part that refers to a Department mentioned in column 2 of the item has effect for all purposes, on and after the day mentioned in the heading to that table, as if there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item.
3.2 Substitutions having effect on and after 30 September 2015
The following table sets out substitutions having effect on and after 30 September 2015 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 30 September 2015—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Australian Border Force (Secrecy and Disclosure) Rule 2015, item 146 of the table in Part 1 of Schedule 2 | Department of the Environment | Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 |
| 2 | Customs (Prohibited Imports) Regulations 1956, item 3 of Schedule 3 | Department of the Environment | Department administered by the Minister administering the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 |
3.3 Substitutions having effect on and after 19 July 2016
The following table sets out substitutions having effect on and after 19 July 2016 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 19 July 2016—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Customs (Prohibited Exports) Regulations 1958, subregulation 9AA(1) (definition of authorised person) | Department of Industry, Innovation and Science | Department administered by the Minister referred to in regulation 9AA of the Customs (Prohibited Exports) Regulations 1958 |
| 2 | Customs (Prohibited Exports) Regulations 1958, paragraph 9AA(8)(b) | Department of Industry, Tourism and Resources | Department administered by the Minister referred to in regulation 9AA of the Customs (Prohibited Exports) Regulations 1958 |
3.4 Substitutions having effect on and after 21 December 2017
(1) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of multiple Acts or instruments that refer to Departments.
| Substitutions having effect on and after 21 December 2017—references to Departments in multiple Acts or instruments |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | All provisions | Department of Immigration and Border Protection | Department of Home Affairs |
(2) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 21 December 2017—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Australian Crime Commission Regulations 2002, paragraph 9A(a) and Schedule 1A | Attorney‑General’s Department, if the reference to that authority would, apart from this item, be read as a reference to another Department in accordance with section 19A of the Acts Interpretation Act 1901 | Attorney‑General’s Department |
| 2 | Criminal Code, paragraphs 72.28(1)(a) and (b) | the Department | Department of Home Affairs |
| 3 | Criminal Code, paragraph 474.17(2)(d) | Attorney‑General’s Department | Department of Home Affairs |
| 4 | Customs Act 1901, subsection 208DA(1) (definition of prescribed officer) | Attorney‑General’s Department | Department of Home Affairs |
| 5 | Customs (Prohibited Imports) Regulations 1956, subregulation 4AA(7) (definition of authorised person) | Attorney‑General’s Department | Department of Home Affairs |
| 6 | Migration Regulations 1994: (a) regulation 1.03, definition of assistance notice; (b) clause 060.511 of Schedule 2 | Attorney‑General’s Department | Department of Home Affairs |
| 7 | Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (as in force for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988), Schedule | Attorney General’s Department | Department of Home Affairs |
| 8 | Telecommunications Act 1997, subclause 89(1) of Schedule 3A | Attorney‑General’s Department | Department of Home Affairs |
| 9 | Telecommunications (Data for emergency warning systems) Instrument 2016, section 4 (definition of Director‑General, Emergency Management Australia) | Commonwealth Attorney‑General’s Department | Department of Home Affairs of the Commonwealth |
3.5 Substitutions having effect on and after 29 May 2019
The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 29 May 2019—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Social Security Act 1991, subsection 23(1) (definition of Employment Department) | Department administered by the Minister administering the Fair Entitlements Guarantee Act 2012 | Department responsible for employment policy, including employment services |
3.6 Substitutions having effect on and after 1 July 2019
The following table sets out substitutions having effect on and after 1 July 2019 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 1 July 2019—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Aboriginal and Torres Strait Islander Act 2005, subsection 191(2B) | Department | National Indigenous Australians Agency |
| 2 | Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018, section 4 (definition of Indigenous Affairs Department) | Department administered by the Indigenous Affairs Minister | National Indigenous Australians Agency |
| 3 | Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987, paragraph 5(1)(b) | Department | National Indigenous Australians Agency |
| 4 | Aboriginal Land Rights (Northern Territory) Act 1976: (a) paragraph 23E(3)(b); (b) subsections 70E(16) and 70F(13); (c) subsection 76(1) | Department | National Indigenous Australians Agency |
| 5 | Corporations (Aboriginal and Torres Strait Islander) Act 2006: (a) section 1‑30; (b) paragraphs 447‑1(1)(a), 668‑1(1)(b) and 668‑5(1)(a) | Department | National Indigenous Australians Agency |
| 6 | Corporations (Aboriginal and Torres Strait Islander) Regulations 2017, paragraph 54(1)(a) | each Department of State that is responsible for general policy on Aboriginal and Torres Strait Islander affairs | the National Indigenous Australians Agency |
| 7 | Higher Education Support (Indigenous Student Assistance Grants) (Special Grants) Notifiable Instrument 2018, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 8 | Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2018, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 9 | Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 10 | Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 11 | Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2019, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 12 | Indigenous Education (Targeted Assistance) Act 2000, paragraph 17(b) | Department | National Indigenous Australians Agency |
| 13 | Indigenous Student Assistance Grants Guidelines 2017, section 4 (definition of administering officer) | Department administered by the Minister administering Part 2‑2A of the Act | National Indigenous Australians Agency |
| 14 | Native Title Act 1993: (a) subsection 203AD(3C); (b) paragraphs 203AE(7)(d) and 203AH(4)(d) | Department | National Indigenous Australians Agency |
| 15 | Stronger Futures in the Northern Territory Act 2012: (a) section 69; (b) paragraph 112(1)(b); (c) subsection 112(2) | Department | National Indigenous Australians Agency |
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 |
3.8 Substitutions having effect on and after 1 July 2022
The following table sets out substitutions having effect on and after 1 July 2022 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 1 July 2022—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Classification (Publications, Films and Computer Games) (Conditional Cultural Exemption Rules) Instrument 2015, section 4 (definition of Department) | Commonwealth Attorney‑General’s Department | Department administered by the Minister administering Division 2 of Part 1A of the Classification (Publications, Films and Computer Games) Act 1995 |
| 2 | Family Law Regulations 1984, paragraph 12CB(a) | Department of Jobs and Small Business | Department of Employment and Workplace Relations |
| 3 | Family Law Regulations 1984, paragraph 12CB(c) | Department of Health | Department of Health and Aged Care |
| 4 | Family Law Regulations 1984, paragraph 12CB(h) | Department of Education and Training | Department of Education |
3.9 Substitutions having effect on and after 1 October 2022
The following table sets out substitutions having effect on and after 1 October 2022 that affect provisions of a single Act or instrument that refer to Departments.
| Substitutions having effect on and after 1 October 2022—references to Departments in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Criminal Code, paragraph 474.17(2)(d) | Department administered by the AFP Minister | Department of Home Affairs |
Part 4—References to Secretaries
4.1 References to Secretaries
A provision mentioned in column 1 of an item of a table in this Part that refers to a Secretary mentioned in column 2 of the item has effect for all purposes, on and after the day mentioned in the heading to that table, as if:
(a) unless paragraph (b) applies—there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item; or
(b) in so far as the provision applies in a particular respect specified in column 1 of the item—there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item.
4.2 Substitutions having effect on and after 6 May 2017
The following table sets out substitutions having effect on and after 6 May 2017 that affect provisions of a single Act or instrument that refer to Secretaries.
| Substitutions having effect on and after 6 May 2017—references to Secretaries in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Customs (Prohibited Imports) Regulations 1956, subitem 9.3 in Part 1 of Schedule 6 | Secretary to the Department | Secretary of the Attorney‑General’s Department |
4.3 Substitutions having effect on and after 21 December 2017
(1) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of multiple Acts or instruments that refer to Secretaries.
| Substitutions having effect on and after 21 December 2017—references to Secretaries in multiple Acts or instruments |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | All provisions | Secretary of the Department of Immigration and Border Protection | Secretary of the Department of Home Affairs |
(2) The following table sets out substitutions having effect on and after 21 December 2017 that affect provisions of a single Act or instrument that refer to Secretaries.
| Substitutions having effect on and after 21 December 2017—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 57GJ(4) | Attorney‑General’s Secretary | Secretary of the Department of Home Affairs |
| 2 | Customs (Prohibited Imports) Regulations 1956, subitem 9.3 in Part 1 of Schedule 6 | Secretary of the Attorney‑General’s Department | Secretary of the Department of Home Affairs |
| 3 | Migration Act 1958, paragraph 143(1)(a) | Secretary of the Attorney‑General’s Department | Secretary of the Department of Home Affairs |
| 4 | Migration Regulations 1994: (a) regulation 1.03, definition of assistance notice; (b) clause 060.511 of Schedule 2 | Secretary of the Attorney‑General’s Department | Secretary of the Department of Home Affairs |
| 5 | Paid Parental Leave Act 2010, subsection 278C(3) | Attorney‑General’s Secretary | Secretary of the Department of Home Affairs |
| 6 | Social Security Act 1991, subsection 38N(3) | Attorney‑General’s Secretary | Secretary of the Department of Home Affairs |
| 7 | Telecommunications Act 1997, clauses 55A, 57, 58, 70, 71, 73 and 89 of Schedule 3A | Secretary of the Attorney‑General’s Department | Secretary of the Department of Home Affairs |
4.4 Substitutions having effect on and after 29 May 2019
The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Secretaries.
| Substitutions having effect on and after 29 May 2019—references to Secretaries in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Income Tax Assessment Act 1936, subsections 202CB(6) and 202CE(7) | Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | Secretary of the Department responsible for employment policy, including employment services |
| 2 | Taxation Administration Act 1953, item 4 of Table 1 in subsection 355‑65(2) in Schedule 1 in so far as that provision applies in respect of the administration of the Fair Entitlements Guarantee Act 2012 | Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | Secretary of the Department administered by the Minister administering the Fair Entitlements Guarantee Act 2012 |
| 3 | Taxation Administration Act 1953, item 4 of Table 1 in subsection 355‑65(2) in Schedule 1 in so far as that provision applies other than in respect of the administration of the Fair Entitlements Guarantee Act 2012 | Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | Secretary of the Department responsible for employment policy, including employment services |
Note: The references set out in column 2 of the table appear as textual references to “Employment Secretary”, which are applications of the definition of Employment Secretary in the Income Tax Assessment Act 1997.
4.5 Substitutions having effect on and after 1 July 2019
The following table sets out substitutions having effect on and after 1 July 2019 that affect provisions of a single Act or instrument that refer to Secretaries.
| Substitutions having effect on and after 1 July 2019—references to Secretaries in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Aboriginal and Torres Strait Islander Act 2005: (a) subsection 191(2B); (b) paragraph 200C(1)(a) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 2 | Aboriginal and Torres Strait Islander Commission Amendment Act 2005: (a) subitem 191(1) of Schedule 1 (definitions of authorised officer and Secretary); (b) item 47 of Schedule 3 (definitions of authorised officer and Secretary) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 3 | Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018: (a) subsection 20(3); (b) paragraph 54(1)(a) | Secretary of the Indigenous Affairs Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 4 | Aboriginal Land Rights (Northern Territory) Act 1976: (a) section 20P; (b) subsections 64B(1), (4) and 76(1) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 5 | Aboriginal Land Rights (Northern Territory) Act 1976, paragraph 23E(3)(b) | Secretary of the Department that deals with matters arising under this Act | Chief Executive Officer of the National Indigenous Australians Agency |
| 6 | Aboriginal Land Rights (Northern Territory) Act 1976, paragraph 23E(3)(b) | Secretary of that Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 7 | Classification (Publications, Films and Computer Games) Act 1995, section 99 (definition of Indigenous Affairs Secretary) | Secretary of the Department administered by the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 | Chief Executive Officer of the National Indigenous Australians Agency |
| 8 | Corporations (Aboriginal and Torres Strait Islander) Act 2006, section 673‑1 | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 9 | Each provision of the Higher Education Support Act 2003, or of an instrument made under that Act, that refers to the Secretary of the Department in so far as the provision applies in respect of grants to higher education providers for Indigenous persons | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 10 | Indigenous Education (Targeted Assistance) Act 2000: (a) paragraph 11B(1)(c); (b) section 11C; (c) paragraph 17(a) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 11 | Native Title Act 1993: (a) section 94P; (b) Part 11 | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 12 | Native Title Act 1993, Part 11 | Secretary | Chief Executive Officer of the National Indigenous Australians Agency |
| 13 | Native Title (Prescribed Bodies Corporate) Regulations 1999, subregulations 22(2) and 25(2) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 14 | Native Title (Tribunal) Regulations 1993, subparagraph 8(aa)(ii) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
| 15 | Stronger Futures in the Northern Territory Act 2012: (a) section 5 (definition of Secretary); (b) paragraph 112(1)(a) | Secretary of the Department | Chief Executive Officer of the National Indigenous Australians Agency |
Note: The reference set out in column 2 of item 9 of the table will include textual references to “Secretary” where those textual references are applications of the definition of Secretary in the Dictionary to the Higher Education Support Act 2003.
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 |
Part 5—References to other offices or holders of offices
5.1 References to offices or holders of offices
A provision mentioned in column 1 of an item of a table in this Part that refers to an office, or the holder of an office, mentioned in column 2 of the item has effect for all purposes, on and after the day mentioned in the heading to that table, as if there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item.
5.2 Substitutions having effect on and after 1 October 2022
The following table sets out substitutions having effect on and after 1 October 2022 that affect provisions of a single Act or instrument that refer to offices, or holders of offices.
| Substitutions having effect on and after 1 October 2022—references to offices, or holders of offices, in a single Act or instrument |
| | Column 1 Affected provisions | Column 2 Existing reference | Column 3 Substitute reference |
| 1 | Space (Launches and Returns) (General) Rules 2019, paragraph 120(5)(e) | Director‑General of Emergency Management Australia | Coordinator‑General of the National Emergency Management Agency |
| 2 | Telecommunications (Data for emergency warning systems) Instrument 2020, item 1 of the table in section 6, column headed “Position”, paragraph (b) | Director‑General, Emergency Management Australia | Coordinator‑General of the National Emergency Management Agency |
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Acts Interpretation Substituted Reference Order 2017 | 5 May 2017 (F2017L00502) | 6 May 2017 (s 1.2(1) item 1) | |
| Acts Interpretation Amendment (Home Affairs) Substituted Reference Order 2017 | 20 Dec 2017 (F2017L01686) | 21 Dec 2017 (s 2(1) item 1) | — |
| Acts Interpretation Amendment Substituted Reference Order 2019 | 28 June 2019 (F2019L00933) | 29 June 2019 (s 2(1) item 1) | Sch 1 (item 5) |
| Acts Interpretation Amendment (2020 Measures No. 1) Substituted Reference Order 2020 | 31 Jan 2020 (F2020L00073) | 1 Feb 2020 (s 2(1) item 1) | — |
| Acts Interpretation Amendment Substituted Reference Order 2022 | 30 Sept 2022 (F2022L01283) | 1 Oct 2022 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 1.2.......................................... | rep LA s 48D |
| s 1.5.......................................... | am F2017L01686; F2019L00933 |
| Part 2 | |
| s 2.2.......................................... | am F2019L00933 |
| s 2.3.......................................... | am F2019L00933 |
| s 2.4.......................................... | ad F2017L01686 |
| | am F2019L00933 |
| s 2.5.......................................... | ad F2019L00933 |
| s 2.6.......................................... | ad F2022L01283 |
| s 2.7.......................................... | ad F2022L01283 |
| Part 3 | |
| s 3.2.......................................... | am F2019L00933 |
| s 3.3.......................................... | am F2019L00933 |
| s 3.4.......................................... | ad F2017L01686 |
| | am F2019L00933 |
| s 3.5.......................................... | ad F2019L00933 |
| s 3.6.......................................... | ad F2019L00933 |
| s 3.7.......................................... | ad F2020L00073 |
| s 3.8.......................................... | ad F2022L01283 |
| s 3.9.......................................... | ad F2022L01283 |
| Part 4 | |
| s 4.1.......................................... | am F2019L00933 |
| s 4.2.......................................... | am F2017L01686; F2019L00933 |
| s 4.3.......................................... | ad F2017L01686 |
| | am F2019L00933 |
| s 4.4.......................................... | ad F2019L00933 |
| s 4.5.......................................... | ad F2019L00933 |
| s 4.6.......................................... | ad F2020L00073 |
| Part 5 | |
| Part 5........................................ | ad F2022L01283 |
| s 5.1.......................................... | ad F2022L01283 |
| s 5.2.......................................... | ad F2022L01283 |