World Intellectual Property Organization

Australia

Statute Law Revision Act 2005

 

 


Statute Law Revision Act 2005

No. 100, 2005

An Act to make various amendments of the statute

law of the Commonwealth, and for related

purposes

Note: An electronic version of this Act is available in SCALEplus

(http://scaleplus.law.gov.au/html/comact/browse/TOCN.htm)

Contents

1 Short title.......................................................................................1

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

3 Schedule(s)....................................................................................7

Schedule 1—Amendment of Principal Acts 8

Administrative Decisions (Judicial Review) Act 1977 8

Aged Care Act 1997 8

Agricultural and Veterinary Chemicals Code Act 1994 8

A New Tax System (Family Assistance) Act 1999 8

Australian Sports Drug Agency Act 1990 9

Crimes Act 1914 9

Criminal Code Act 1995 9

Electronic Transactions Act 1999 9

Evidence Act 1995 10

Financial Transaction Reports Act 1988 10

Fisheries Management Act 1991 11

Human Rights and Equal Opportunity Commission Act 1986 11

Insurance Act 1973 11

Judiciary Act 1903 12

Life Insurance Act 1995 12

Native Title Act 1993 12

Patents Act 1990 13

Privacy Act 1988 13

Prohibition of Human Cloning Act 2002 14

Social Security Act 1991 14

Taxation Administration Act 1953 18

Telecommunications (Interception) Act 1979 18

Veterans’ Entitlements Act 1986 20

Workplace Relations Act 1996 20

Schedule 2—Amendment of amending Acts 22

Aged Care (Consequential Provisions) Act 1997 22

Statute Law Revision Act 2005 No. 100, 2005

Agricultural and Veterinary Chemicals Legislation Amendment Act

2003 22

Audit (Transitional and Miscellaneous) Amendment Act 1997 22

Australian Federal Police and Other Legislation Amendment Act 2004 23

Australian Film Commission Amendment Act 2003 23

Bankruptcy Legislation Amendment Act 2004 23

Criminal Code Amendment (Espionage and Related Matters) Act 2002 23

Financial Sector Legislation Amendment Act (No. 1) 2003 23

Financial Services Reform Act 2001 24

Financial Services Reform (Consequential Provisions) Act 2001 24

Financial Services Reform (Consequential Provisions) Act 2002 24

Fisheries Legislation Amendment (High Seas Fishing Activities and

Other Matters) Act 2004 24

General Insurance Reform Act 2001 24

Hearing Services and AGHS Reform Act 1997 24

Jurisdiction of Courts Legislation Amendment Act 2000 25

Military Rehabilitation and Compensation (Consequential and

Transitional Provisions) Act 2004 25

Social Security and Veterans’ Affairs Legislation Amendment Act

1995 25

Social Security and Veterans’ Entitlements Legislation Amendment

(Miscellaneous Matters) Act 2000 25

Social Security and Veterans’ Entitlements Legislation Amendment

(Private Trusts and Private Companies—Integrity of Means Testing)

Act 2000 25

Social Security Legislation Amendment (Budget and Other Measures)

Act 1996 26

Social Security Legislation Amendment (Further Budget and Other

Measures) Act 1996 26

Social Security Legislation Amendment (Youth Allowance

Consequential and Related Measures) Act 1998 26

Statute Law Revision Act 2002 26

Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 27

Statute Law Revision Act 2005

No. 100, 2005

An Act to make various amendments of the statute

law of the Commonwealth, and for related

purposes

[Assented to 6 July 2005]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Statute Law Revision Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information Commencement information Commencement information Commencement information Commencement information

Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3 The day on which this Act receives the 6 July 2005
and anything in Royal Assent.
this Act not
elsewhere covered
by this table
2. Schedule 1, The day on which this Act receives the 6 July 2005
item 1 Royal Assent.
3. Schedule 1, Immediately after the commencement of 1 October 1997
item 2 Subdivision 57B of the Aged Care Act 1997.
4. Schedule 1, Immediately after the commencement of 1 October 1997
item 3 clause 1 of Schedule 1 to the Aged Care Act
1997.
5. Schedule 1, Immediately after the commencement of 8 October 2003
item 4 Schedule 1 to the Agricultural and
Veterinary Chemicals Legislation
Amendment Act 2003.
6. Schedule 1, The day on which this Act receives the 6 July 2005
items 5 to 10 Royal Assent.
7. Schedule 1, Immediately after the commencement of 16 August 2004
item 11 items 1 to 5 of Schedule 3 to the
Anti-terrorism Act (No. 3) 2004.
8. Schedule 1, Immediately after the commencement of 1 January 2003
item 12 item 1 of Schedule 1 to the Proceeds of
Crime (Consequential Amendments and
Transitional Provisions) Act 2002.
9. Schedule 1, Immediately after the commencement of 15 March 2000
item 13 paragraph 11(6)(a) of the Electronic
Transactions Act 1999.
10. Schedule 1, The day on which this Act receives the 6 July 2005
items 14 to 20 Royal Assent.
11. Schedule 1, Immediately after the commencement of 1 August 2000
item 21 item 12 of Schedule 2 to the Fisheries
Legislation Amendment Act (No. 1) 2000.
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
12. Schedule 1, Immediately after the commencement of 24 May 2001
item 22 item 208 of Schedule 2 to the Criminal Code
Amendment (Theft, Fraud, Bribery and
Related Offences) Act 2000.
13. Schedule 1, Immediately after the commencement of 3 February 1992
item 23 section 113 of the Fisheries Management
Act 1991.
14. Schedule 1, Immediately after the commencement of 3 February 1992
item 24 section 166 of the Fisheries Management
Act 1991.
15. Schedule 1, Immediately after the commencement of 20 August 2004
item 25 item 6 of Schedule 2 to the Fisheries
Legislation Amendment (High Seas Fishing
Activities and Other Matters) Act 2004.
16. Schedule 1, The day on which this Act receives the 6 July 2005
item 26 Royal Assent.
17. Schedule 1, After the commencement of both Schedule 1 1 July 2002
item 27 to the General Insurance Reform Act 2001
and Schedule 2 to the Financial Sector
(Collection of Data—Consequential and
Transitional Provisions) Act 2001.
18. Schedule 1, The day on which this Act receives the 6 July 2005
items 28 and 29 Royal Assent.
19. Schedule 1, Immediately after the commencement of the 1 June 1995
item 30 Land Fund and Indigenous Land
Corporation (ATSIC Amendment) Act 1995.
20. Schedule 1, Immediately after the commencement of the 24 May 2001
items 31 to 37 Patents Amendment (Innovation Patents) Act
2000.
21. Schedule 1, The day on which this Act receives the 6 July 2005
item 38 Royal Assent.
22. Schedule 1, Immediately after the commencement of 16 January 2003
item 39 section 8 of the Prohibition of Human
Cloning Act 2002.
23. Schedule 1, The day on which this Act receives the 6 July 2005
items 40 to 83 Royal Assent.
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
24. Schedule 1, items 84 and 85 Immediately after the commencement of item 1 of Schedule 1 to the Workplace Relations Amendment (Fair Termination) Act 2003. 27 November 2003
25. Schedule 2, items 1 and 2 Immediately after the time specified in the Aged Care (Consequential Provisions) Act 1997 for the commencement of item 42 of 1 October 1997
Schedule 3 to that Act.
26. Schedule 2, item 3 Immediately after the time specified in the Agricultural and Veterinary Chemicals Legislation Amendment Act 2003 for the commencement of item 22 of Schedule 1 to 8 October 2003
that Act.
27. Schedule 2, items 4 to 6 Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement 1 January 1998
of Schedule 2 to that Act.
28. Schedule 2, item 7 Immediately after the time specified in the Australian Federal Police and Other 22 December 2004
Legislation Amendment Act 2004 for the commencement of item 16 of Schedule 3 to
that Act.
29. Schedule 2, item 8 Immediately after the time specified in the Australian Film Commission Amendment 1 July 2003
Act 2003 for the commencement of item 12
of Schedule 1 to that Act.
30. Schedule 2, item 9 Immediately after the time specified in the Bankruptcy Legislation Amendment Act 2004 for the commencement of item 167 of 1 December 2004
Schedule 1 to that Act.
31. Schedule 2, items 10 and 11 Immediately after the time specified in the Criminal Code Amendment (Espionage and Related Matters) Act 2002 for the commencement of section 2 of that Act. 31 October 2002
32. Schedule 2, item 12 Immediately after the time specified in the Financial Sector Legislation Amendment Act (No. 1) 2003 for the commencement of Schedule 5 to that Act. 28 November 2003
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
33. Schedule 2, item 13 Immediately after the time specified in the Financial Services Reform Act 2001 for the commencement of item 334 of Schedule 1 to that Act. 11 March 2002
34. Schedule 2, items 14 and 15 Immediately after the time specified in the Financial Services Reform (Consequential Provisions) Act 2001 for the commencement of items 57 and 126 of Schedule 1 to that Act. 11 March 2002
35. Schedule 2, item 16 Immediately after the time specified in the Financial Services Reform (Consequential Provisions) Act 2002 for the commencement of item 7 of Schedule 2 to that Act. 11 March 2002
36. Schedule 2, items 17 and 18 Immediately after the time specified in the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 for the commencement of item 9 of Schedule 2 to that Act. 20 August 2004
37. Schedule 2, item 19 Immediately after the time specified in the General Insurance Reform Act 2001 for the commencement of Schedule 1 to that Act. 1 July 2002
38. Schedule 2, item 20 Immediately after the time specified in the Hearing Services and AGHS Reform Act 1997 for the commencement of item 6 of Schedule 4 to that Act. 18 June 1997
39. Schedule 2, item 21 Immediately after the time specified in the Jurisdiction of Courts Legislation Amendment Act 2000 for the commencement of section 2 of that Act. 30 May 2000
40. Schedule 2, item 22 Immediately after the time specified in the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 for the commencement of item 95 of Schedule 3 to that Act. 1 July 2004
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
41. Schedule 2, item 23 Immediately after the time specified in the Social Security and Veterans’ Affairs Legislation Amendment Act 1995 for the commencement of item 114 of Schedule 5 to 20 September 1996
that Act.
42. Schedule 2, item 24 Immediately after the time specified in the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 for the commencement of item 138 of Schedule 1 to that Act. 20 September 2000
43. Schedule 2, item 25 Immediately after the time specified in the Social Security and Veterans’ Entitlements Legislation Amendment (Private Trusts and Private Companies—Integrity of Means Testing) Act 2000 for the commencement of item 23 of Schedule 1 to that Act. 13 November 2000
44. Schedule 2, item 26 Immediately after the time specified in the Social Security Legislation Amendment (Budget and Other Measures) Act 1996 for the commencement of item 27 of Schedule 5 20 March 1997
to that Act.
45. Schedule 2, item 27 Immediately after the time specified in the Social Security Legislation Amendment (Further Budget and Other Measures) Act 1996 for the commencement of section 2 of 23 December 1996
that Act.
46. Schedule 2, item 28 Immediately after the time specified in the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 for the commencement of item 41 of Schedule 9 to 1 July 1998
that Act.
47. Schedule 2, item 29 Immediately after the time specified in the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 for the commencement of item 169 of Schedule 9 to 1 July 1998
that Act.

Commencement information

Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
48. Schedule 2, items 30 and 31 Immediately after the time specified in the Statute Law Revision Act 2002 for the commencement of item 14 of Schedule 1 to that Act. 1 July 1999
49. Schedule 2, item 32 Immediately after the time specified in the Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 for the commencement of item 96 of Schedule 1 to that Act. 6 September 2002

Note: This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1—Amendment of Principal Acts

Administrative Decisions (Judicial Review) Act 1977

1 Paragraph (z) of Schedule 1

Renumber as paragraph (zb).

Aged Care Act 1997

2 Subdivision 57B (heading)

Repeal the heading, substitute:

Subdivision 57-B—Prudential requirements

3 Clause 1 of Schedule 1 (definition of relinquish)

Omit “means:*”, substitute “means:”.

Agricultural and Veterinary Chemicals Code Act 1994

4 After the second subsection in section 20 of the Schedule

Insert:

21 How approval of label is effected

Note: This item inserts a section heading that was overlooked in prior amendment of the

Principal Act.

5 Subsection 99(3) of the Schedule

Omit “or or” (wherever occurring), substitute “or”.

A New Tax System (Family Assistance) Act 1999

6 Paragraph 7(ha) of Schedule 3 (the paragraph (ha) inserted

by item 30 of Schedule 2 to the Veterans’ Entitlements

(Clarke Review) Act 2004)

Renumber as paragraph (haa).

Australian Sports Drug Agency Act 1990

7 Paragraph 67A(b)

Omit “sporting sporting”, substitute “sporting”.

Crimes Act 1914

8 Subsection 15XA(1) (subparagraph (b)(ii) of the definition

of State or Territory participating agency)

Repeal the subparagraph, substitute:

(ii) the Crime and Misconduct Commission of Queensland;

Note: This item removes a reference to a body that no longer exists and substitutes a reference

to the body that succeeded it.

9 Subsection 15XA(1) (subparagraph (b)(iii) of the definition

of State or Territory participating agency)

Repeal the subparagraph.

Note: This item removes a reference to a body that no longer exists.

10 Subsection 15XA(1) (subparagraph (c)(ii) of the definition

of State or Territory participating agency)

Repeal the subparagraph.

Note: This item removes a reference to a body that no longer exists.

11 Subsection 23YUF(2B)

Omit “paragraph (1)(b)”, substitute “paragraph (2A)(b)”.

Note: This item fixes an incorrect cross-reference.

Criminal Code Act 1995

12 Subparagraph 400.2(2)(b)(ii) of the Criminal Code

Omit “paragraph 51(xx)”, substitute “paragraph 51(v)”.

Note: This item fixes an incorrect cross-reference.

Electronic Transactions Act 1999

13 Paragraph 11(6)(a)

Omit “document.”, substitute “document;”.

Note: This item corrects the punctuation at the end of the paragraph.

Evidence Act 1995

14 Chapter 1 (introductory note)

Omit “Evidence Act 1994”, substitute “Evidence Act 1995”.

Financial Transaction Reports Act 1988

15 Subparagraph 16(1)(b)(iii)

Omit “Crimes”, substitute “Crime”.

16 Paragraphs 27(1B)(b) and (c)

Repeal the paragraphs, substitute:

(b) the Corruption and Crime Commission of Western Australia.

Note: This item removes references to bodies that no longer exist and substitutes a reference

to the body that succeeded them.

17 Paragraphs 27(16)(i) and (j)

Repeal the paragraphs.

Note: This item removes references to bodies that no longer exist.

18 Paragraphs 27(17)(v) and (w)

Repeal the paragraphs.

Note: This item removes references to members of, or employees of, bodies that no longer

exist.

19 Paragraphs 27(17)(x) and (y) (twice occurring)

Repeal the paragraphs, substitute:

(x)
the Commissioner of the Corruption and Crime Commission
of Western Australia; and
(y)
a member of the staff of the Corruption and Crime

Commission of Western Australia; and

Note: This item removes references to members of, or employees of, bodies that no longer

exist and substitutes references to members and employees of the body that succeeded

those bodies.

20 Paragraph 27(17)(z)

Repeal the paragraph.

Fisheries Management Act 1991

21 Paragraph 95(1)(e)

Omit “holder of a fishing concession”, substitute “holder of a fishing

concession,”.

22 Subdivision D of Division 6 of Part 6 (heading)

Repeal the heading.

23 Subsection 113(1)

Omit “Commonweath”, substitute “Commonwealth”.

24 Paragraph 166(7)(b)

Omit “menioned”, substitute “mentioned”.

25 Subsection 167(1A)

Omit “AMFA”, substitute “AFMA”.

Human Rights and Equal Opportunity Commission Act 1986

26 Paragraph 31(j)

Omit “imposd”, substitute “imposed”.

Insurance Act 1973

27 Subsection 52(1)

Repeal the subsection, substitute:

(1) Where:

(aa) it appears to APRA that a body corporate that is a general

insurer or authorised NOHC:

(i) is, or is likely to become, unable to meet its liabilities;

or

(ii) has contravened or failed to comply with a provision of

this Act or the Financial Sector (Collection of Data) Act

2001 or a condition or direction applicable to it under

this Act or that Act; or

(ab) it appears to APRA that there is, or there may be, a risk to the

security of a general insurer’s or authorised NOHC’s assets;

or

(a) it appears to APRA that there is, or there may be, a sudden

deterioration in a general insurer’s or authorised NOHC’s

financial condition; or

(b) the Treasurer agrees, in writing, to the giving of a notice

under this subsection;

APRA may, by notice in writing served on the body corporate,

require it to show cause within such period after service of the

notice, being not less than 14 days, as APRA specifies in the

notice, why APRA should not:

(c)
investigate the whole or any part of the business of the body
corporate; or
(d)
appoint a person to make such an investigation and report to

APRA the results of his or her investigation.

Note: This amendment restates a provision of the Principal Act to incorporate the substance of

two amendments of that provision that start on the same day and that interact. The

amendments were made by item 36 of Schedule 1 to the General Insurance Reform Act

2001 and item 29 of Schedule 2 to the Financial Sector (Collection of Data—

Consequential and Transitional Provisions) Act 2001.

Judiciary Act 1903

28 Section 2 (definitions)

Arrange the definitions in their appropriate alphabetical positions,

determined on a letter-by-letter basis.

Life Insurance Act 1995

29 Section 230E (the section 230E inserted by item 2 of

Schedule 1 to the Taxation Laws Amendment

(Structured Settlements and Structured Orders) Act

2002)

Renumber as section 203E.

Native Title Act 1993

30 Subparagraph 206(1)(d)(v)

Repeal the subparagraph.

Note 1: This item removes a subparagraph made redundant by the repeal of Part 10 of the

Native Title Act 1993.

Note 2: The heading to subsection 32(5) is altered by omitting “expected” and substituting

expedited”.

Patents Act 1990

31 Subsection 70(4)

Omit “this Division”, substitute “this Part”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

32 Section 79A

Omit “this Division”, substitute “this Part”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

33 Subsection 83(2)

Omit “Division 2 of”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

34 Subsection 83(2)

Omit “that Division”, substitute “that Part”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

35 Subsection 83(3)

Omit “Division 2 of”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

36 Paragraph 83(4)(a)

Omit “Division 2 of”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

37 Paragraph 83(4)(b)

Omit “that Division”, substitute “that Part”.

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

Privacy Act 1988

38 Subsection 6(1) (paragraph (l) of the definition of

enforcement body)

Repeal the paragraph, substitute:

(l) the Crime and Misconduct Commission of Queensland; or

Note: This item removes a reference to a body that no longer exists and substitutes a reference

to the body that succeeded it.

Prohibition of Human Cloning Act 2002

39 Subsection 8(1) (paragraph (a) of the definition of excess

ART embryo)

After “technology” (second occurring), insert “treatment”.

Note: This item corrects a misstatement of a defined expression.

Social Security Act 1991

40 Paragraph 8(8)(zca)

Repeal the paragraph.

Note: This item repeals a paragraph made redundant by amendment of the Student and Youth

Assistance Act 1973.

41 Subsection 23(1) (definition of activity test breach)

Repeal the definition, substitute:

activity test breach means a failure, misconduct or any other act to

which any of the following provisions, as in force on or after the

commencement of this definition, apply, namely section 550A or

576A, subsection 624(1), 625(1) or 626(1), section 628 or 629,

subsection 630(1), 630AA(1), 740(1), 741(1) or 742(1),

section 743 or 744 or subsection 745(1) or 754A(1).

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

42 Subsection 23(1) (definition of activity test breach rate

reduction period)

Repeal the definition, substitute:

activity test breach rate reduction period means a period that

applies under section 557, 582, 644AA or 748.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

43 Subsection 23(1) (definition of activity test non-payment

period)

Repeal the definition, substitute:

activity test non-payment period means a period worked out under

section 550, 576, 630A or 745B.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

44 Subsection 23(1) (definition of administrative breach rate

reduction period)

Repeal the definition, substitute:

administrative breach rate reduction period means a period that

applies under section 558, 583 or 644B.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

45 Subsection 23(1) (definition of educational institution)

Omit “and Youth”.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

46 Subsection 23(1) (paragraph (l) of the definition of newly

arrived resident’s waiting period)

Repeal the paragraph.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

47 Subsection 23(1) (paragraph (ba) of the definition of

ordinary waiting period)

Repeal the paragraph.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

48 Subsection 23(1) (definition of student assistance benefit

decision)

Repeal the definition.

Note: This item repeals a definition made redundant by amendment of the Student and Youth

Assistance Act 1973.

49 Subsection 23(1) (paragraphs (fc) and (fe) of the definition

of waiting period)

Repeal the paragraphs.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

50 Subsection 23(1) (definition of Youth Training Activity

Agreement)

Repeal the definition.

Note: This item repeals a definition made redundant by amendment of the Student and Youth

Assistance Act 1973.

51 Subsection 23(1) (definition of youth training allowance)

Omit “and Youth”.

52 Subparagraph 38B(6)(a)(ii)

Repeal the subparagraph, substitute:

(ii) section 595 of this Act (disregard a period of

employment);

Note: This item amends a subparagraph to reflect amendment of the Student and Youth

Assistance Act 1973.

53 Subsection 542F(3) (definition of approved full-time

unpaid voluntary work)

Repeal the definition, substitute:

approved full-time unpaid voluntary work means work that has

been approved by the Secretary for the purposes of this section.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

54 Subsection 542F(3) (definition of approved organisation)

Repeal the definition, substitute:

approved organisation means an organisation that has been

approved by the Secretary for the purposes of this section.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance

Act 1973.

55 Subparagraph 546(1)(c)(ii)

Omit “and Youth”.

56 Paragraph 549A(2)(d)

Omit “or”.

57 Paragraph 549A(2)(e)

Repeal the paragraph.

Note: This item repeals a paragraph made redundant by amendment of the Student and Youth

Assistance Act 1973.

58 Paragraph 549D(3)(a)

Repeal the paragraph, substitute:

(a) the person has been subject to a newly arrived resident’s

waiting period; and

Note: This item amends a paragraph to reflect amendment of the Student and Youth Assistance

Act 1973.

59 Paragraphs 549D(4)(a) and (b)

Repeal the paragraphs, substitute:

(a) the person would, if the person had made a claim under this

Act for a social security payment other than youth allowance,

have been subject to a newly arrived resident’s waiting

period, and that period would have ended; or

(b) the person has had a qualifying residence exemption for a

newstart allowance or a sickness allowance under this Act; or

Note: This item amends the paragraphs to reflect amendment of the Student and Youth

Assistance Act 1973.

60 Section 550A (note)

Repeal the note.

61 Section 660LG

Relocate the section to the end of Subdivision AA of Division 9 of

Part 2.12.

62 Subsection 1228(2A)

Omit “and Youth”.

63 Paragraph 1234A(1)(a)

Omit “and Youth Assistance Act 1973”, substitute “Assistance Act 1973

as in force before 1 July 1998”.

Taxation Administration Act 1953

64 Subsection 2(1) (paragraph (dad) of the definition of head)

Repeal the paragraph, substitute:

(dad) in the case of the Crime and Misconduct Commission—the

Chairperson of that Commission;

Note: This item removes a reference to a body that no longer exists and substitutes a reference

to the body that succeeded it.

65 Subsection 2(1) (paragraph (daf) of the definition of head)

Repeal the paragraph.

Note: This item removes a reference to a body that no longer exists.

Telecommunications (Interception) Act 1979

66 Subsection 5(1) (definition of Anti-Corruption

Commission)

Repeal the definition.

Note: This item repeals the definition of a body that no longer exists.

67 Subsection 5(1) (definition of Anti-Corruption Commission

Act)

Repeal the definition.

Note: This item repeals a redundant definition.

68 Subsection 5(1) (paragraph (h) of the definition of

certifying officer)

Repeal the paragraph.

Note: This item removes references to members of, or employees of, a body that no longer

exists.

69 Subsection 5(1) (paragraphs (i) and (j) of the definition of

chief officer)

Repeal the paragraphs.

Note: This item removes references to members of, or constituting, bodies that no longer

exist.

70 Subsection 5(1) (paragraph (d) of the definition of eligible

authority)

Omit “the Anti-Corruption Commission, the Royal Commission into

Police Corruption,”.

Note: This item removes references to bodies that no longer exist.

71 Subsection 5(1) (definition of member of the

Anti-Corruption Commission)

Repeal the definition.

Note: This item repeals a redundant definition.

72 Subsection 5(1) (definition of member of the staff of the

Anti-Corruption Commission)

Repeal the definition.

Note: This item repeals a redundant definition.

73 Subsection 5(1) (paragraphs (i) and (j) of the definition of

officer)

Repeal the paragraphs.

Note: This item removes references to members of, or employees of, bodies that no longer

exist.

74 Subsection 5(1) (paragraph (f) of the definition of

permitted purpose)

Repeal the paragraph.

Note: This item removes a reference to purposes in respect of a body that no longer exists.

75 Subsection 5(1) (paragraphs (g) and (h) of the definition of

prescribed investigation)

Repeal the paragraphs.

Note: This item removes references to investigations by bodies that no longer exist.

76 Subsection 5(1) (paragraphs (i) and (j) of the definition of

relevant offence)

Repeal the paragraphs.

Note: This item is consequential on item 75 of this Schedule.

77 Subsection 5(1) (definition of Royal Commission into

Police Corruption)

Repeal the definition.

Note: This item repeals a redundant definition.

78 Paragraph 5B(i)

Repeal the paragraph.

Note: This item removes a reference to proceedings conducted by a body that no longer exists.

79 Subparagraphs 6A(1)(c)(viii) and (ix)

Repeal the subparagraphs.

Note: This item is consequential on item 75 of this Schedule.

80 Paragraph 6L(2)(d)

Omit “the Anti-Corruption Commission, the Royal Commission into

Police Corruption,”.

Note: This item removes references to bodies that no longer exist.

81 Paragraph 39(2)(h)

Repeal the paragraph.

Note: This item removes a reference to proceedings conducted by a body that no longer exists.

82 Paragraphs 68(g) and (i)

Repeal the paragraphs.

Note: This item removes references to information obtained by bodies that no longer exist.

Veterans’ Entitlements Act 1986

83 Subclause 10(2A) of Schedule 5 (the subclause (2A)

inserted by item 85 of Schedule 6 to the Veterans’

Affairs Legislation Amendment Act (No. 1) 2002)

Renumber as subclause (2B).

Workplace Relations Act 1996

84 Paragraph 170CBA(3A)(a)

Omit “first period of employment”, substitute “first period of

employment”.

85 Paragraph 170CBA(3A)(c)

Omit “second period of employment”, substitute “second period of

employment”.

Schedule 2—Amendment of amending Acts

Aged Care (Consequential Provisions) Act 1997

1 Item 42 of Schedule 3 (heading)

Omit “Paragraphs 1207(1)(c) and (d)”, substitute “Paragraph

1207(1)(c)”.

2 After item 42 of Schedule 3

Insert:

42A Paragraph 1207(1)(d)

Omit “or Part 3.12B (residential care allowance)”.

Note: Items 1 and 2 correct an item that did not accurately represent a phrase from the Social

Security Act 1991.

Agricultural and Veterinary Chemicals Legislation

Amendment Act 2003

3 Item 22 of Schedule 1 (heading)

After “Division 2”, insert “of Part 2”.

Note: This item makes clear the location of an amendment of the Principal Act.

Audit (Transitional and Miscellaneous) Amendment Act

1997

4 Item 394 of Schedule 2

Repeal the item.

Note: This item repeals an item that amends a provision that does not exist.

5 Item 398 of Schedule 2 (heading)

Omit “(6), 25(3) and (4)”, substitute “(6)”.

Note: This item corrects an item that amends a provision that does not exist.

6 Item 398 of Schedule 2 (heading)

Omit “paragraphs 31(1)(b) and 32(2)(b) and (c)”, substitute

paragraph 31(1)(b)”.

Note: This item corrects an item that amends a provision that does not exist.

Australian Federal Police and Other Legislation Amendment

Act 2004

7 Item 16 of Schedule 3 (heading)

Omit “Part 1D”, substitute “Part ID”.

Australian Film Commission Amendment Act 2003

8 Item 12 of Schedule 1

Omit “member of staff” (wherever occurring), substitute “member of

the staff”.

Bankruptcy Legislation Amendment Act 2004

9 Item 167 of Schedule 1 (heading)

Omit “, (d)”.

Criminal Code Amendment (Espionage and Related Matters)

Act 2002

10 Subsection 2(4)

Omit “Schedule 2” (first occurring), substitute “Schedule 1”.

11 Subsection 2(5)

Omit “Schedule 2” (first occurring), substitute “Schedule 1”.

Financial Sector Legislation Amendment Act (No. 1) 2003

12 Item 16 of Schedule 5 (heading)

Repeal the heading, substitute:

16 At the end of Division 1 of Part IIIA

Financial Services Reform Act 2001

13 Item 334 of Schedule 1 (heading)

Omit “170(3)”, substitute “170(3B)”.

Financial Services Reform (Consequential Provisions) Act

2001

14 Item 57 of Schedule 1

Omit “her or she”, substitute “he or she”.

15 Item 126 of Schedule 1 (heading)

Omit “12HB(1)(a)”, substitute “12HB(1)(b)”.

Financial Services Reform (Consequential Provisions) Act

2002

16 Item 7 of Schedule 2

Omit “the other person”, substitute “the third person”.

Fisheries Legislation Amendment (High Seas Fishing

Activities and Other Matters) Act 2004

17 Item 9 of Schedule 2

After “owner or”, insert “the”.

Note: This item corrects an item that did not accurately represent a phrase from the Fisheries

Management Act 1991.

18 Item 9 of Schedule 2

Omit “, and”, substitute “and”.

General Insurance Reform Act 2001

19 Item 41B of Schedule 1

After “the whole or”, insert “a”.

Hearing Services and AGHS Reform Act 1997

20 Item 6 of Schedule 4

Repeal the item, substitute:

6 Paragraph 7(1)(a)

After “other than” (first occurring), insert “an eligible hearing service

provider or”.

Note: This item remakes an amending item so that the location of an amendment becomes

certain.

Jurisdiction of Courts Legislation Amendment Act 2000

21 Subsection 2(4)

After “items in “, insert “Parts 1, 2 and 4 of”.

Military Rehabilitation and Compensation (Consequential

and Transitional Provisions) Act 2004

22 Item 95 of Schedule 3 (note)

Omit “1069-D9”, substitute “1068-D9”.

Social Security and Veterans’ Affairs Legislation Amendment

Act 1995

23 Item 114 of Schedule 5

Omit “allowance or”, substitute “allowance,”.

Social Security and Veterans’ Entitlements Legislation

Amendment (Miscellaneous Matters) Act 2000

24 Item 138 of Schedule 1 (heading)

Omit “(a)”, substitute “(b)”.

Social Security and Veterans’ Entitlements Legislation

Amendment (Private Trusts and Private

Companies—Integrity of Means Testing) Act 2000

25 Item 23 of Schedule 1 (heading)

Omit “3.16A”, substitute “3.16B”.

Social Security Legislation Amendment (Budget and Other

Measures) Act 1996

26 Item 27 of Schedule 5 (heading)

Omit “period”, substitute “provision”.

Note: This item corrects an item that incorrectly identifies a definition that is to be repealed.

Social Security Legislation Amendment (Further Budget and

Other Measures) Act 1996

27 Subsection 2(4)

Omit “24”, substitute “21”.

Social Security Legislation Amendment (Youth Allowance

Consequential and Related Measures) Act 1998

28 Item 41 of Schedule 9 (heading)

Omit “(h)”, substitute “(g)”.

29 Item 169 of Schedule 9

Before “youth”, insert “a”.

Statute Law Revision Act 2002

30 Item 14 of Schedule 1 (heading)

Omit “Notes 1(b) and (c)”, substitute “Note 1(b)”.

31 After Item 14 of Schedule 1

Insert:

14A Section XI of Schedule 3 (Additional Note 1(c))

Omit “Standards Association of Australia”, substitute “Standards

Australia International Limited”.

Note: Items 30 and 31 split one amendment in a previous Statute Law Revision Act into 2

amendments because slightly different wording was required for each.

Veterans’ Affairs Legislation Amendment Act (No. 1) 2002

32 Item 96 of Schedule 1 (heading)

After “note”, insert “1”.

Note: This item fixes an incorrect cross-reference.

[Minister’s second reading speech made in—

Senate on 16 March 2005

House of Representatives on 23 June 2005]

(39/05)

 

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