Acts Interpretation (Substituted References — Section 19BA) Order 2004

as amended

made under subsections 19BA (1), (2) and (3) of the

Acts Interpretation Act 1901

This compilation was prepared on 18 December 2007
taking into account amendments up to Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2007 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Order [see Note 1]

 2 Definition 

 3 References to Ministers 

 4 References to Departments 

 5 References to Secretaries 

Schedule 1 References to Ministers 

Part 1 Substitutions made on 18 November 2004 

Part 2  Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2007 (No. 1)

Schedule 2 References to Departments 

Part 1 Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Order 2004

Schedule 3 References to Secretaries 

Part 1 Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Order 2004

Notes   

 

 

 

1 Name of Order [see Note 1]

  This Order is the Acts Interpretation (Substituted References — Section 19BA) Order 2004.

Note   This Order commences on the day on which it is made Acts Interpretation Act 1901, subsections 19BA (1), (2) and (3).

2 Definition

  In this Order:

provision means a provision in an Act or in an instrument under an Act.

3 References to Ministers

  A provision mentioned in column 4 of an item in a Part of Schedule 1 that mentions the Minister, or Ministers, mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Minister, or Ministers, mentioned in column 3 of the item.

4 References to Departments

  A provision mentioned in column 4 of an item in a Part of Schedule 2, that mentions the Department mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Department mentioned in column 3 of the item.

5 References to Secretaries

  A provision mentioned in column 4 of an item in a Part of Schedule 3, that mentions the Secretary mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Secretary mentioned in column 3 of the item.

Note   A provision mentioned in a Schedule to this Order:

(a) may have been affected, before the commencement of this Order, by other substituted references under other orders made under section 19B or 19BA of the Acts Interpretation Act 1901; and

(b) may be affected, after the commencement of this Order:

(i) by an order made under section 19BB of the Acts Interpretation Act 1901 revoking a part of this Order; or

(ii) by other substituted references under other orders made under section 19BA of the Acts Interpretation Act 1901.

Schedule 1 References to Ministers

(section 3)

Part 1 Substitutions made on 18 November 2004

 

Item

Existing reference

Substitute reference

Affected provisions

1

Minister for Agriculture, Fisheries and Forestry; or

Minister for Fisheries, Forestry and Conservation

Minister for Industry, Tourism and Resources; or

Minister for Small Business and Tourism

provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act

2

Minister for Family and Community Services; or

Minister for Children and Youth Affairs

Minister for Employment and Workplace Relations; or

Minister for Workforce Participation

provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services)

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)

3

Minister for Family and Community Services; or

Minister for Children and Youth Affairs

Minister for Education, Science and Training; or

Minister for Vocational and Technical Education

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)

4

Minister for Family and Community Services; or

Minister for Children and Youth Affairs

Minister for Human Services

provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act

5

Minister for Health and Ageing; or

Minister for Ageing

Minister for Human Services

provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions)

provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

 

Part 2  Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2007 (No. 1)

 

Item

Existing reference

Substitute reference

Affected provisions

1

AttorneyGeneral

Cabinet Secretary

subsections 68 (1) and 70 (1) and (2) of the Privacy Act 1988

Schedule 2 References to Departments

(section 4)

Part 1 Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Order 2004

 

Item

Existing reference

Substitute reference

Affected provisions

1

Department of Agriculture, Fisheries and Forestry

Department of Industry, Tourism and Resources

provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act

2

Department of Family and Community Services

Department of Employment and Workplace Relations

provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services)

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)

3

Department of Family and Community Services

Department of Education, Science and Training

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)

4

Department of Family and Community Services

Department of Human Services

provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act

5

Department of Health and Ageing

Department of Human Services

provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions)

provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

 

Schedule 3 References to Secretaries

(section 5)

Part 1 Substitutions made on commencement of Acts Interpretation (Substituted References — Section 19BA) Order 2004

 

Item

Existing reference

Substitute reference

Affected provisions

1

Secretary of the Department of Agriculture, Fisheries and Forestry

Secretary of the Department of Industry, Tourism and Resources

provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act

2

Secretary of the Department of Family and Community Services

Secretary of the Department of Employment and Workplace Relations

provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services)

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)

3

Secretary of the Department of Family and Community Services

Secretary of the Department of Education, Science and Training

provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)

4

Secretary of the Department of Family and Community Services

Secretary of the Department of Human Services

provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act

5

Secretary of the Department of Health and Ageing

Secretary of the Department of Human Services

provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions)

provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

Notes to the Acts Interpretation (Substituted References — Section 19BA) Order 2004

Note 1

The Acts Interpretation (Substituted References — Section 19BA) Order 2004 (in force under section Section 19BA (1), (2) and (3) of the Acts Interpretation Act 1901) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Acts Interpretation (Substituted References — Section 19BA) Order 2004

1 Dec 2004 (see Gazette 2004, No. GN48)

18 Nov 2004

 

Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2007 (No. 1)

18 Dec 2007 (see F2007L04773)

18 Dec 2007

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1

 

Part 1

 

Heading to Part 1.......

rs. 2007 No. 1

Part 2

 

Part 2................

ad. 2007 No. 1