Acts Interpretation (Substituted References — Section 19BA) Order 2004
as amended
made under subsections 19BA (1), (2) and (3) of the
This compilation was prepared on 16 October 2010
taking into account amendments up to Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2010 (No. 2)
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 18 December 2007
Part 3 Substitution made on 21 May 2010
Part 4 Substitution made on commencement of Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2010 (No. 2)
Schedule 2 References to Departments
Part 1 Substitutions made on 18 November 2004
Part 2 Substitutions made on 6 March 2008
Schedule 3 References to Secretaries
Part 1 Substitutions made on 18 November 2004
Notes
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).
In this Order:
provision means a provision in an Act or in an instrument under an Act.
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.
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.
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 18 December 2007
Item | Existing reference | Substitute reference | Affected provisions |
1 | Attorney‑General | Cabinet Secretary | subsections 68 (1) and 70 (1) and (2) of the Privacy Act 1988 |
Part 3 Substitution made on 21 May 2010
Item | Existing reference | Substitute reference | Affected provisions |
1 | Attorney-General | Minister for Finance and Deregulation | provisions of the Judges’ Pensions Act 1968 and any instruments made under that Act |
Item | Existing reference | Substitute reference | Affected provisions |
1 | Cabinet Secretary | Minister for Privacy and Freedom of Information | provisions of the Privacy Act 1988 and any instruments made under that Act |
Schedule 2 References to Departments
(section 4)
Part 1 Substitutions made on 18 November 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 |
Part 2 Substitutions made on 6 March 2008
Item | Existing reference | Substitute reference | Affected provisions |
1 | Department of Families, Housing, Community Services and Indigenous Affairs | Department of Education, Employment and Workplace Relations | clauses 1 and 19 of Schedule 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000 |
2 | Department of Education, Science and Training | Department of Education, Employment and Workplace Relations; or Department of Innovation, Industry, Science and Research | provisions of instruments made under section 238‑10 of the Higher Education Support Act 2003 |
Schedule 3 References to Secretaries
(section 5)
Part 1 Substitutions made on 18 November 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.
Table of Instruments
Title | Date of notification | Date of | Application, saving or |
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 | — |
Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2008 (No. 1) | 6 Mar 2008 (see F2008L00660) | 6 Mar 2008 | — |
Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2010 (No. 1) | 21 May 2010 (see F2010L01322) | 21 May 2010 | — |
Acts Interpretation (Substituted References — Section 19BA) Amendment Order 2010 (No. 2) | 15 Oct 2010 (see F2010L02694) | 16 Oct 2010 | — |
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 |
|
Heading to Part 2....... | rs. 2010 No. 1 |
Part 2................ | ad. 2007 No. 1 |
Part 3 |
|
Heading to Part 3....... | rs. 2010 No. 2 |
Part 3................ | ad. 2010 No. 1 |
Part 4 |
|
Part 4................ | ad. 2010 No. 2 |
Schedule 2 |
|
Part 1 |
|
Heading to Part 1....... | rs. 2008 No. 1 |
Part 2 |
|
Heading to Part 2....... | rs. 2010 No. 1 |
Part 2................ | ad. 2008 No. 1 |
Schedule 3 |
|
Part 1 |
|
Heading to Part 1....... | rs. 2010 No. 2 |