Statute Law Revision Act 2005
An Act to make various amendments of the statute
law of the Commonwealth, and for related
Note: An electronic version of this Act is available in SCALEplus
(http://scaleplus.law.gov.au/html/comact/browse/TOCN.htm)
1 Short title.......................................................................................1
2 Commencement .............................................................................1
3 Schedule(s)....................................................................................7
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
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
An Act to make various amendments of the statute
law of the Commonwealth, and for related
[Assented to 6 July 2005]
This Act may be cited as the Statute Law Revision Act 2005.
(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.
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.
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:
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:
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
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
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
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
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:
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:
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
(Structured Settlements and Structured Orders) Act
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
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
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
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
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
Repeal the definition, substitute:
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
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
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
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
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
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
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
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
Repeal the definition.
Note: This item repeals a redundant definition.
68 Subsection 5(1) (paragraph (h) of the definition of
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
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
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
Repeal the definition.
Note: This item repeals a redundant definition.
72 Subsection 5(1) (definition of member of the staff of the
Repeal the definition.
Note: This item repeals a redundant definition.
73 Subsection 5(1) (paragraphs (i) and (j) of the definition of
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
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
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
Repeal the paragraphs.
Note: This item is consequential on item 75 of this Schedule.
77 Subsection 5(1) (definition of Royal Commission into
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’
Renumber as subclause (2B).
Workplace Relations Act 1996
84 Paragraph 170CBA(3A)(a)
Omit “first period of employment”, substitute “first period of
85 Paragraph 170CBA(3A)(c)
Omit “second period of employment”, substitute “second period of
Aged Care (Consequential Provisions) Act 1997
1 Item 42 of Schedule 3 (heading)
Omit “Paragraphs 1207(1)(c) and (d)”, substitute “Paragraph
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
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)
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)