Acts Interpretation (Substituted References—Section 19BA) Order 2004
made under the
Acts Interpretation Act 1901
Compilation No. 7
Compilation date: 24 September 2025
Includes amendments: F2025L01142
About this compilation
This compilation
This is a compilation of the Acts Interpretation (Substituted References—Section 19BA) Order 2004 that shows the text of the law as amended and in force on 24 September 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of Order
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—Substitutions made on 16 October 2010
Part 4A—Substitutions made on 14 December 2011
Part 5—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)
Schedule 2—References to Departments
Part 1—Substitutions made on 18 November 2004
Part 2—Substitutions made on 6 March 2008
Part 3—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)
Schedule 3—References to Secretaries
Part 1—Substitutions made on 18 November 2004
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Order
This Order is the Acts Interpretation (Substituted References—Section 19BA) Order 2004.
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 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 |
Part 4—Substitutions made on 16 October 2010
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 |
Part 4A—Substitutions made on 14 December 2011
Item | Existing reference | Substitute reference | Affected provisions |
1 | Minister for Privacy and Freedom of Information | Attorney‑General | provisions of the Privacy Act 1988 and any instruments made under that Act |
Part 5—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)
Substitutions made on commencement of the Acts Interpretation (Substituted) References—Section 19BA) Amendment Order 2015 (No. 1) |
Item | Existing reference | Substitute reference | Affected provisions |
1 | Attorney‑General | Minister for Communications | provisions of the Copyright Act 1968 (except subsection 183(6) of that Act) and instruments made under that Act |
2 | Attorney‑General of the Commonwealth | Minister for Communications | subsection 183(6) of the Copyright Act 1968 |
3 | Attorney‑General | Minister for Communications | subsections 9(1) and (6) of the Public Lending Right Act 1985 |
4 | Treasurer | Minister for the Environment | paragraph (a) of the definition of responsible Ministers in section 4 of the Clean Energy Finance Corporation Act 2012 |
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 |
Part 3—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)
Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1) |
Item | Existing reference | Substitute reference | Affected provisions |
1 | Australian Government Attorney‑General’s Department | Department of Communications and the Arts | provisions of: (a) the Guidelines for the Classification of Films 2012; and (b) the Guidelines for the Classification of Computer Games 2012 |
2 | Commonwealth Attorney‑General’s Department | Department of Communications and the Arts | the following provisions: (a) definition of Department in section 4 of the Classification (Publications, Films and Computer Games) (Conditional Cultural Exemption Rules) Instrument 2015; (b) definition of Branch in section 3 of the Classification (Publications, Films and Computer Games) (Approval of Classification Tools) Guidelines 2014; (c) definition of Branch in section 4 of the Classification (Publications, Films and Computer Games) (Global Rating Tool) Approval 2014 |
3 | Attorney‑General’s Department | Department of Communications and the Arts | paragraph 9(1)(e) of the Public Lending Right Act 1985 |
4 | Department of Industry | Department of Education and Training | definition of Australian Apprenticeships Access Programme in section 4 of the Student Assistance (Education Institutions and Courses) Determination 2009 |
5 | Department of Social Services | Department of Social Services; or Department of Education and Training | definition of Department in section 5 of the Family Assistance (Public Interest Certificate Guidelines) Determination 2015 |
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 |
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 | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance | |
Endnote 3—Legislation history
Name | Registration or gazettal | Commencement | Application, saving and transitional provisions |
Acts Interpretation (Substituted References—Section 19BA) Order 2004 | 1 Dec 2004 (gaz 2004, No GN48) | 18 Nov 2004 | |
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2007 (No. 1) | 18 Dec 2007 (F2007L04773) | 18 Dec 2007 (s 2) | — |
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2008 (No. 1) | 6 Mar 2008 (F2008L00660) | 6 Mar 2008 (s 2) | — |
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2010 (No. 1) | 21 May 2010 (F2010L01322) | 21 May 2010 (s 2) | — |
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2010 (No. 2) | 15 Oct 2010 (F2010L02694) | 16 Oct 2010 (s 2) | — |
Acts Interpretation (Miscellaneous Amendments) Instrument 2011 (No. 1) (SLI No. 227, 2011) | 16 Dec 2011 (F2011L02708) | 27 Dec 2011 (s 2) | — |
Acts Interpretation (Substituted References—Section 19BA) Order 2004 (SLI No. 206, 2015) | 30 Nov 2015 (F2015L01891) | 1 Dec 2015 (s 2(1) item 1) | — |
Acts Interpretation Amendment (2025 Measures No. 2) Substituted Reference Order 2025 | 23 Sept 2025 (F2025L01142) | sch 1 (item 3): 24 Sept 2025 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 1..................... | rep No 227, 2011 |
Schedule 1 | |
Part 1 | |
Part 1 heading............. | rs No 1, 2007 |
Part 2 | |
Part 2 heading............. | rs No 1, 2010 |
Part 2................... | ad No 1, 2007 |
Part 3 | |
Part 3 heading............. | rs No 2, 2010 |
Part 3................... | ad No 1, 2010 |
Part 4 | |
Part 4 heading............. | rs No 206, 2015 |
Part 4................... | ad No 2, 2010 |
Part 4A | |
Part 4A.................. | ad F2025L01142 |
Part 5 | |
Part 5................... | ad No 206, 2015 |
Schedule 2 | |
Part 1 | |
Part 1 heading............. | rs No 1, 2008 |
Part 2 | |
Part 2 heading............. | rs No 1, 2010 |
Part 2................... | ad No 1, 2008 |
Part 3 | |
Part 3................... | ad No 206, 2015 |
Schedule 3 | |
Part 1 | |
Part 1 heading............. | rs No 2, 2010 |