Acts Interpretation Amendment Act
2011
No. 46, 2011
An Act to amend the Acts Interpretation Act 1901,
and for other purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
ComLaw Authoritative Act C2011A00046
ComLaw Authoritative Act C2011A00046
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................2
3 Schedule(s) ........................................................................................4
Schedule 1—Main amendments 5
Acts Interpretation Act 1901 5
Legislative Instruments Act 2003 39
Schedule 2—Consequential amendments 40
Agricultural and Veterinary Chemical Products (Collection of Levy)
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act
Aboriginal and Torres Strait Islander Act 2005 40
Aboriginal Land Rights (Northern Territory) Act 1976 42
Administrative Appeals Tribunal Act 1975 43
Admiralty Act 1988 43
Aged Care Act 1997 43
Act 1994 44
Agricultural and Veterinary Chemicals Act 1994 44
Agricultural and Veterinary Chemicals (Administration) Act 1992 44
Agricultural and Veterinary Chemicals Code Act 1994 45
Air Navigation Act 1920 45
Airports Act 1996 45
Airports (Transitional) Act 1996 46
Air Services Act 1995 46
1999 47
Antarctic Treaty (Environment Protection) Act 1980 47
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 47
Anti-Personnel Mines Convention Act 1998 48
Archives Act 1983 48
Auditor-General Act 1997 48
AusCheck Act 2007 49
Australia Council Act 1975 49
Australian Astronomical Observatory Act 2010 50
Australian Broadcasting Corporation Act 1983 51
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Australian Bureau of Statistics Act 1975 52
Australian Capital Territory Government Service (Consequential
Provisions) Act 1994 52
Australian Capital Territory (Planning and Land Management) Act
1988 53
Australian Centre for International Agricultural Research Act 1982 53
Australian Centre for Renewable Energy Act 2010 54
Australian Communications and Media Authority Act 2005 54
Australian Crime Commission Act 2002 55
Australian Curriculum, Assessment and Reporting Authority Act 2008 55
Australian Federal Police Act 1979 56
Australian Film, Television and Radio School Act 1973 56
Australian Hearing Services Act 1991 57
Australian Human Rights Commission Act 1986 57
Australian Information Commissioner Act 2010 58
Australian Institute of Aboriginal and Torres Strait Islander Studies
Act 1989 58
Australian Institute of Health and Welfare Act 1987 59
Australian Institute of Marine Science Act 1972 59
Australian Law Reform Commission Act 1996 60
Australian Maritime Safety Authority Act 1990 60
Australian National Maritime Museum Act 1990 61
Australian National University Act 1991 62
Australian Nuclear Science and Technology Organisation Act 1987 62
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008 63
Australian Passports Act 2005 64
Australian Postal Corporation Act 1989 65
Australian Prudential Regulation Authority Act 1998 65
Australian Radiation Protection and Nuclear Safety Act 1998 65
Australian Research Council Act 2001 66
Australian Security Intelligence Organisation Act 1979 66
Australian Sports Anti-Doping Authority Act 2006 66
Australian Sports Commission Act 1989 68
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Australian Trade Commission Act 1985 70
Australian War Memorial Act 1980 70
Banking Act 1959 71
Bankruptcy Act 1966 71
Bills of Exchange Act 1909 71
Broadcasting Services Act 1992 72
Building and Construction Industry Improvement Act 2005 74
Cancer Australia Act 2006 74
Chemical Weapons (Prohibition) Act 1994 75
Child Support (Assessment) Act 1989 75
Child Support (Registration and Collection) Act 1988 76
Civil Aviation Act 1988 77
Civil Aviation (Carriers’ Liability) Act 1959 78
Classification (Publications, Films and Computer Games) Act 1995 78
COAG Reform Fund Act 2008 79
Coal Mining Industry (Long Service Leave Funding) Act 1992 79
Commonwealth Authorities and Companies Act 1997 80
Commonwealth Electoral Act 1918 81
Commonwealth Serum Laboratories Act 1961 83
Competition and Consumer Act 2010 84
Coordinator-General for Remote Indigenous Services Act 2009 87
Copyright Act 1968 88
Corporations (Aboriginal and Torres Strait Islander) Act 2006 88
Crimes Act 1914 89
Crimes at Sea Act 2000 89
Criminal Code Act 1995 89
Criminology Research Act 1971 90
Cross-Border Insolvency Act 2008 90
Customs Act 1901 90
Customs Administration Act 1985 91
Customs Tariff Act 1995 92
Defence Act 1903 92
Defence Force Discipline Act 1982 95
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Defence Force Retirement and Death Benefits Act 1973 95
Defence Home Ownership Assistance Scheme Act 2008 96
Defence Housing Australia Act 1987 96
Dental Benefits Act 2008 97
Designs Act 2003 97
Development Allowance Authority Act 1992 97
Director of Public Prosecutions Act 1983 97
Disability Discrimination Act 1992 98
Do Not Call Register Act 2006 99
Education Services for Overseas Students Act 2000 99
Environment Protection and Biodiversity Conservation Act 1999 99
Environment Protection (Sea Dumping) Act 1981 100
Evidence Act 1995 101
Excise Tariff Act 1921 101
Export Control Act 1982 101
Export Finance and Insurance Corporation Act 1991 101
Export Market Development Grants Act 1997 102
Fair Work (Registered Organisations) Act 2009 103
Family Law Act 1975 103
Federal Court of Australia Act 1976 104
Federal Financial Relations Act 2009 104
Federal Magistrates Act 1999 104
Financial Management and Accountability Act 1997 105
Fisheries Administration Act 1991 105
Fisheries Management Act 1991 106
Food Standards Australia New Zealand Act 1991 107
Foreign Proceedings (Excess of Jurisdiction) Act 1984 108
Freedom of Information Act 1982 108
Fringe Benefits Tax (Application to the Commonwealth) Act 1986 108
Fringe Benefits Tax Assessment Act 1986 109
Future Fund Act 2006 109
Gene Technology Act 2000 110
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Governance of Australian Government Superannuation Schemes Act
2011 110
Governor-General Act 1974 110
Great Barrier Reef Marine Park Act 1975 111
Health and Other Services (Compensation) Act 1995 112
Health Insurance Act 1973 112
Health Workforce Australia Act 2009 113
Hearing Services Administration Act 1997 113
Historic Shipwrecks Act 1976 113
Income Tax Assessment Act 1936 114
Income Tax Assessment Act 1997 114
Independent Contractors Act 2006 115
Independent National Security Legislation Monitor Act 2010 115
Industrial Chemicals (Notification and Assessment) Act 1989 115
Industry Research and Development Act 1986 116
Infrastructure Australia Act 2008 116
Inspector-General of Intelligence and Security Act 1986 117
Inspector-General of Taxation Act 2003 118
Inspector of Transport Security Act 2006 118
Insurance Act 1973 118
Intelligence Services Act 2001 119
Interactive Gambling Act 2001 119
International Air Services Commission Act 1992 119
Interstate Road Transport Charge Act 1985 120
Judges’ Pensions Act 1968 120
Judiciary Act 1903 120
Law Enforcement Integrity Commissioner Act 2006 120
Law Officers Act 1964 121
Life Insurance Act 1995 121
Liquid Fuel Emergency Act 1984 121
Maritime Transport and Offshore Facilities Security Act 2003 122
Medical Indemnity Act 2002 122
Migration Act 1958 122
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Military Rehabilitation and Compensation Act 2004 123
Motor Vehicle Standards Act 1989 123
National Blood Authority Act 2003 124
National Consumer Credit Protection Act 2009 124
National Film and Sound Archive Act 2008 125
National Gallery Act 1975 126
National Greenhouse and Energy Reporting Act 2007 126
National Health Act 1953 126
National Health and Medical Research Council Act 1992 127
National Health Security Act 2007 128
National Library Act 1960 128
National Measurement Act 1960 129
National Museum of Australia Act 1980 129
National Transport Commission Act 2003 130
National Vocational Education and Training Regulator Act 2011 130
National Water Commission Act 2004 130
Nation-building Funds Act 2008 131
Native Title Act 1993 133
Navigation Act 1912 133
Northern Territory Acceptance Act 1910 134
Nuclear Non-Proliferation (Safeguards) Act 1987 134
Offshore Minerals Act 1994 134
Offshore Petroleum and Greenhouse Gas Storage Act 2006 135
Olympic Insignia Protection Act 1987 136
Ombudsman Act 1976 136
Paid Parental Leave Act 2010 137
Parliamentary Contributory Superannuation Act 1948 137
Parliamentary Counsel Act 1970 137
Patents Act 1990 137
Payment Systems and Netting Act 1998 138
Petroleum Resource Rent Tax Assessment Act 1987 138
Port Statistics Act 1977 138
Primary Industries and Energy Research and Development Act 1989 138
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Primary Industries (Excise) Levies Act 1999 139
Privacy Act 1988 139
Private Health Insurance Act 2007 140
Productivity Commission Act 1998 141
Protection of Movable Cultural Heritage Act 1986 141
Protection of the Sea (Civil Liability for Bunker Oil Pollution
Damage) Act 2008 141
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 141
Protection of the Sea (Powers of Intervention) Act 1981 142
Public Lending Right Act 1985 142
Public Service Act 1999 143
Qantas Sale Act 1992 144
Quarantine Act 1908 144
Racial Discrimination Act 1975 144
Radiocommunications Act 1992 145
Referendum (Machinery Provisions) Act 1984 145
Registration of Deaths Abroad Act 1984 145
Remuneration Tribunal Act 1973 146
Renewable Energy (Electricity) Act 2000 146
Reserve Bank Act 1959 147
Retirement Savings Accounts Act 1997 147
Rural Adjustment Act 1992 147
Safety, Rehabilitation and Compensation Act 1988 148
Safe Work Australia Act 2008 149
Science and Industry Research Act 1949 150
Screen Australia Act 2008 150
Seafarers Rehabilitation and Compensation Act 1992 151
Sex Discrimination Act 1984 152
Shipping Registration Act 1981 152
Skills Australia Act 2008 153
Small Superannuation Accounts Act 1995 153
Snowy Hydro Corporatisation Act 1997 153
Social Security Act 1991 154
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Social Security (Administration) Act 1999 154
Superannuation (Government Co-contribution for Low Income
Telecommunications (Consumer Protection and Service Standards)
Textile, Clothing and Footwear Investment and Innovation Programs
Spam Act 2003 154
Special Broadcasting Service Act 1991 155
Special Prosecutors Act 1982 155
Student Assistance Act 1973 156
Submarine Cables and Pipelines Protection Act 1963 156
Superannuation Act 1976 156
Superannuation Act 1990 157
Superannuation Act 2005 157
Earners) Act 2003 157
Superannuation Guarantee (Administration) Act 1992 158
Superannuation Industry (Supervision) Act 1993 158
Superannuation (Resolution of Complaints) Act 1993 158
Surveillance Devices Act 2004 159
Sydney Harbour Federation Trust Act 2001 159
Tax Agent Services Act 2009 160
Taxation Administration Act 1953 160
Tax Laws Amendment (2009 Measures No. 6) Act 2010 160
Telecommunications Act 1997 160
Act 1999 163
Telecommunications (Interception and Access) Act 1979 163
Telecommunications (Numbering Charges) Act 1997 163
Terrorism Insurance Act 2003 163
Act 1999 164
Therapeutic Goods Act 1989 164
Tourism Australia Act 2004 165
Trade Marks Act 1995 166
Transport Safety Investigation Act 2003 166
Veterans’ Entitlements Act 1986 166
War Graves Act 1980 167
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Wheat Export Marketing Act 2008 168
Wine Australia Corporation Act 1980 169
Schedule 3—Application, saving and transitional provisions 170
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ComLaw Authoritative Act C2011A00046
Acts Interpretation Amendment Act
2011
No. 46, 2011
An Act to amend the Acts Interpretation Act 1901,
and for other purposes
[Assented to 27 June 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Acts Interpretation Amendment Act
2011.
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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
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent. 27 June 2011
2. Schedule 1 A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
27 December
2011
3. Schedule 2,
items 1 to 652
4. Schedule 2,
items 653 and 654
At the same time as the provision(s) covered
by table item 2.
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
section 36 of the Governance of
Australian Government Superannuation
Schemes Act 2011.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
27 December
2011
27 December
2011
(paragraph (a)
applies)
5. Schedule 2, At the same time as the provision(s) covered 27 December
items 655 to 835 by table item 2. 2011
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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
6. Schedule 2,
item 836
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act
2011.
27 December
2011
(paragraph (a)
applies)
7. Schedule 2,
items 837 to 1074
8. Schedule 2,
items 1075 to
1083
9. Schedule 2,
item 1084
10. Schedule 2,
items 1085 and
1086
At the same time as the provision(s) covered
by table item 2.
At the same time as the provision(s) covered
by table item 2.
However, if item 183 of Schedule 1 to the
Superannuation Legislation (Consequential
Amendments and Transitional Provisions)
Act 2011 commences at or before that time,
the provision(s) do not commence at all.
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
item 222 of Schedule 1 to the
Superannuation Legislation
(Consequential Amendments and
Transitional Provisions) Act 2011.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
At the same time as the provision(s) covered
by table item 2.
However, if item 234 of Schedule 1 to the
Superannuation Legislation (Consequential
Amendments and Transitional Provisions)
Act 2011 commences at or before that time,
the provision(s) do not commence at all.
27 December
2011
Do not
commence
27 December
2011
(paragraph (a)
applies)
Do not
commence
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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
11. Schedule 2, At the same time as the provision(s) covered 27 December
items 1087 to by table item 2. 2011
1198
12. Schedule 3 At the same time as the provision(s) covered 27 December
by table item 2. 2011
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be 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.
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Main amendments Schedule 1
Schedule 1—Main amendments
Acts Interpretation Act 1901
1 Part I (heading)
Repeal the heading, substitute:
Part 1—Preliminary
2 After section 1
Insert:
1A Simplified outline
The following is a simplified outline of this Act:
Overview
This Act is like a dictionary and manual to use when reading and
interpreting Commonwealth Acts and instruments made under
Commonwealth Acts.
The definitions and many of the interpretation rules are aimed at
making Commonwealth legislation shorter, less complex and more
consistent in operation.
A provision of this Act is subject to a contrary intention in other
Commonwealth legislation.
Structure
Part 1 provides that this Act applies to all Acts. This Act also
applies to legislative instruments and other instruments made under
an Act (see subsection 13(1) of the Legislative Instruments Act
2003 and subsection 46(1) of this Act).
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Schedule 1 Main amendments
Part 2 contains definitions that apply across all Commonwealth
legislation (for example, Australian citizen, business day,
document and month).
Part 3 deals with the commencement of Commonwealth Acts. For
example, section 4 allows certain powers to be exercised (like the
making of appointments) between the enactment and
commencement of an Act.
Part 4 deals with the amendment, repeal and expiry of
Commonwealth legislation. For example, section 7 provides that
the repeal of an Act does not affect any rights accrued under the
Act, or any legal proceedings instituted, before the repeal.
Part 5 contains various rules for interpreting Commonwealth
legislation, including:
(a) section 15A (about interpreting an Act subject to
the Constitution); and
(b) section 15AA (which provides for interpreting an
Act in a way that best achieves the purpose or
object of the Act); and
(c) section 15AB (about using material that is not part
of an Act (like explanatory memorandums and
second reading speeches) in interpreting an Act);
and
(d) sections 19 to 19C (which deal with references to
Ministers, Departments and Secretaries of
Departments and with administrative changes in
the operation of the Commonwealth Government).
Part 6 deals with the service of documents on persons.
Part 7 contains rules about exercising powers and performing
functions and duties under Commonwealth legislation, including:
(a) subsection 33(3) (which provides that a power to
make an instrument includes the power to vary or
revoke the instrument); and
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Main amendments Schedule 1
(b) section 33A (about acting appointments); and
(c) sections 34AA, 34AB and 34A (about delegating
powers, functions and duties).
Part 8 deals with the calculation of distance, time and age.
Part 9 deals with the citation of Acts.
Part 10 deals with non-legislative instruments. For example, it
provides that this Act applies to those instruments and that
expressions in those instruments have the same meaning as in the
enabling legislation.
Part 11 contains a regulation-making power.
3 Section 2
Repeal the section, substitute:
2 Application of Act
(1) This Act applies to all Acts (including this Act).
Note: This Act also applies to legislative instruments and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act.
(2) However, the application of this Act or a provision of this Act to an
Act or a provision of an Act is subject to a contrary intention.
2A Binding the Crown
This Act binds the Crown in each of its capacities.
4 After Part I
Insert:
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Schedule 1 Main amendments
Part 2—Definitions
2B Definitions
In any Act:
acting SES employee has the same meaning as in the Public
Service Act 1999.
affidavit includes affirmation, declaration and promise.
appoint: see section 33AA.
APS employee has the same meaning as in the Public Service Act
1999.
Australia means the Commonwealth of Australia and, when used
in a geographical sense, includes the Territory of Christmas Island
and the Territory of Cocos (Keeling) Islands, but does not include
any other external Territory.
Note: See also section 15B.
Australian citizen has the same meaning as in the Australian
Citizenship Act 2007.
Australian Standard: see section 2L.
business day means a day that is not a Saturday, a Sunday or a
public holiday in the place concerned.
calendar month means one of the 12 months of the year.
calendar year means a period of 12 months starting on 1 January.
commencement, in relation to an Act or a provision of an Act,
means the time at which the Act or provision comes into operation.
Note: See also section 3.
Commonwealth means the Commonwealth of Australia and, when
used in a geographical sense, includes the Territory of Christmas
Island and the Territory of Cocos (Keeling) Islands, but does not
include any other external Territory.
Note: See also section 15B.
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Main amendments Schedule 1
Consolidated Revenue Fund means the Consolidated Revenue
Fund referred to in section 81 of the Constitution.
Constitution means the Constitution of the Commonwealth.
contiguous zone has the same meaning as in the Seas and
Submerged Lands Act 1973.
continental shelf has the same meaning as in the Seas and
Submerged Lands Act 1973.
contravene includes fail to comply with.
court exercising federal jurisdiction means any court when
exercising federal jurisdiction, and includes a federal court.
court of summary jurisdiction means any justice of the peace, or
magistrate of a State or Territory, sitting as a court of summary
jurisdiction.
de facto partner: see section 2D.
document means any record of information, and includes:
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to
interpret them; and
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph.
estate includes any estate, interest, charge, right, title, claim
demand, lien or encumbrance at law or in equity.
exclusive economic zone has the same meaning as in the Seas and
Submerged Lands Act 1973.
Executive Council means the Federal Executive Council.
external Territory means a Territory, other than an internal
Territory, where an Act makes provision for the government of the
Territory as a Territory.
Note: See also section 15B.
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Schedule 1 Main amendments
federal court means the High Court or any court created by the
Parliament.
financial year means a period of 12 months starting on 1 July.
foreign country means any country (whether or not an independent
sovereign state) outside Australia and the external Territories.
Gazette means the Commonwealth of Australia Gazette.
Government Printer includes any person printing for the
Government of the Commonwealth.
Note: See also section 17A.
Governor of a State: see section 16B.
Governor-General: see section 16A.
High Court means the High Court of Australia.
individual means a natural person.
insolvent under administration has the same meaning as in the
Corporations Act 2001.
internal Territory means the Australian Capital Territory, the
Northern Territory or the Jervis Bay Territory.
Jervis Bay Territory means the Territory referred to in the Jervis
Bay Territory Acceptance Act 1915.
justice of the peace includes a justice of the peace for a State or
part of a State or for a Territory.
land includes messuages, tenements and hereditaments, corporeal
and incorporeal, of any tenure or description, whatever may be the
estate or interest in them.
law of the Commonwealth: see section 2H.
Magistrate: see subsections 16C(2) and (3).
Minister or Minister of State means one of the Ministers of State
for the Commonwealth.
Note: See also section 19.
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Main amendments Schedule 1
modifications, in relation to a law, includes additions, omissions
and substitutions.
month: see section 2G.
Northern Territory means the Northern Territory of Australia.
oath includes affirmation, declaration and promise.
Parliament means the Parliament of the Commonwealth.
penalty unit, including in relation to a civil penalty provision, has
the meaning given by section 4AA of the Crimes Act 1914.
person: see section 2C.
prescribed means prescribed by the Act or by regulations under the
Act.
Proclamation means Proclamation by the Governor-General that is
published in the Gazette or entered in the Federal Register of
Legislative Instruments established under the Legislative
Instruments Act 2003.
record includes information stored or recorded by means of a
computer.
regulations means regulations under the Act.
rules of court: see section 2K.
seat of Government means the seat of Government of the
Commonwealth.
SES employee has the same meaning as in the Public Service Act
1999.
Sovereign: see section 16.
Standards Australia means Standards Australia Limited (ACN 087
326 690).
State means a State of the Commonwealth.
statutory declaration means a declaration made because of any Act
authorising a declaration to be made otherwise than in the course
of a judicial proceeding.
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Stipendiary Magistrate: see subsection 16C(1).
swear includes affirm, declare and promise.
territorial sea has the same meaning as in the Seas and Submerged
Lands Act 1973.
Territory, Territory of the Commonwealth, Territory under the
authority of the Commonwealth or Territory of Australia means a
Territory referred to in section 122 of the Constitution.
United Kingdom means the United Kingdom of Great Britain and
Northern Ireland.
writing includes any mode of representing or reproducing words,
figures, drawings or symbols in a visible form.
2C References to persons
(1) In any Act, expressions used to denote persons generally (such as
“person”, “party”, “someone”, “anyone”, “no-one”, “one”,
“another” and “whoever”), include a body politic or corporate as
well as an individual.
(2) Express references in an Act to companies, corporations or bodies
corporate do not imply that expressions in that Act, of the kind
mentioned in subsection (1), do not include companies,
corporations or bodies corporate.
2D References to de facto partners
For the purposes of a provision of an Act that is a provision in
which de facto partner has the meaning given by this Act, a person
is the de facto partner of another person (whether of the same sex
or a different sex) if:
(a) the person is in a registered relationship with the other person
under section 2E; or
(b) the person is in a de facto relationship with the other person
under section 2F.
2E Registered relationships
For the purposes of paragraph 2D(a), a person is in a registered
relationship with another person if the relationship between the
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Main amendments Schedule 1
persons is registered under a prescribed law of a State or Territory
as a prescribed kind of relationship.
2F De facto relationships
(1) For the purposes of paragraph 2D(b), a person is in a de facto
relationship with another person if the persons:
(a) are not legally married to each other; and
(b) are not related by family (see subsection (6)); and
(c) have a relationship as a couple living together on a genuine
domestic basis.
(2) In determining for the purposes of paragraph (1)(c) whether 2
persons have a relationship as a couple, all the circumstances of
their relationship are to be taken into account, including any or all
of the following circumstances:
(a) the duration of the relationship;
(b) the nature and extent of their common residence;
(c) whether a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and
any arrangements for financial support, between them;
(e) the ownership, use and acquisition of their property;
(f) the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the reputation and public aspects of the relationship.
(3) No particular finding in relation to any circumstance mentioned in
subsection (2) is necessary in determining whether 2 persons have
a relationship as a couple for the purposes of paragraph (1)(c).
(4) For the purposes of paragraph (1)(c), the persons are taken to be
living together on a genuine domestic basis if the persons are not
living together on a genuine domestic basis only because of:
(a) a temporary absence from each other; or
(b) illness or infirmity of either or both of them.
(5) For the purposes of subsection (1), a de facto relationship can exist
even if one of the persons is legally married to someone else or is
in a registered relationship (within the meaning of section 2E) with
someone else or is in another de facto relationship.
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(6) For the purposes of paragraph (1)(b), 2 persons are related by
family if:
(a) one is the child (including an adopted child) of the other; or
(b) one is another descendant of the other (even if the
relationship between them is traced through an adoptive
parent); or
(c) they have a parent in common (who may be an adoptive
parent of either or both of them).
For this purpose, disregard whether an adoption is declared void or
has ceased to have effect.
(7) For the purposes of subsection (6), adopted means adopted under
the law of any place (whether in or out of Australia) relating to the
adoption of children.
2G Months
(1) In any Act, month means a period:
(a) starting at the start of any day of one of the calendar months;
and
(b) ending:
(i) immediately before the start of the corresponding day of
the next calendar month; or
(ii) if there is no such day—at the end of the next calendar
month.
Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year.
Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days).
(2) In any Act, a reference to a period of 2 or more months is a
reference to a period:
(a) starting at the start of a day of one of the calendar months
(the starting month); and
(b) ending:
(i) immediately before the start of the corresponding day of
the calendar month that is that number of calendar
months after the starting month; or
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(ii) if there is no such day—at the end of the calendar
month that is that number of calendar months after the
starting month.
Example 1: A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year.
Example 2: A reference to 6 months starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days).
2H References to law of the Commonwealth
In any Act, a reference to the law of the Commonwealth, or to a
law of the Commonwealth, does not include, and is taken never to
have included, a reference to a law in force in a Territory so far as
the law is so in force because of an Act providing for the
acceptance, administration or government of that Territory.
2J Documents commencing proceedings
A reference in a provision of an Act to any one or more of the
following in connection with court proceedings:
(a) a summons;
(b) an information;
(c) a claim;
(d) a complaint;
(e) a declaration;
is taken to include a reference to any document through which
proceedings may be instituted in a court.
Note: An example of such a document is a court attendance notice under the Criminal Procedure Act 1986 of New South Wales.
2K Rules of court
(1) In any Act, rules of court, in relation to any court, means rules
made by the authority having for the time being power to make
rules or orders regulating the practice and procedure of such court.
(2) The power of the authority to make rules of court includes a power
to make rules of court for the purpose of any Act which directs or
authorises anything to be done by rules of court.
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2L References to Australian Standards
In any Act, a reference consisting of the words “Australian
Standard” followed by the letters “AS” and a number is a reference
to the standard so numbered that is published by, or on behalf of,
Standards Australia.
5 Part II (heading)
Repeal the heading, substitute:
Part 3—Commencement of Acts
6 Subsection 3(1)
Repeal the subsection.
Note: The heading to section 3 is replaced by the heading “When Acts come into operation”.
7 Subsection 3(2)
Omit “(2) Where an Act, or any instrument (including any rules
regulations or by-laws) made granted or issued under a power conferred
by an Act,”, substitute “If an Act or a provision of an Act”.
8 After section 3
Insert:
3A Commencement of Acts
(1) This section does not apply to an Act so far as it provides for its
commencement.
(2) An Act (other than an Act to alter the Constitution) commences on
the 28th day after the day on which that Act receives the Royal
Assent.
(3) An Act to alter the Constitution commences on the day on which
that Act receives the Royal Assent.
9 Section 4
Repeal the section, substitute:
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4 Exercise of powers between enactment and commencement of Act
Application of section
(1) This section applies if an Act is enacted and at a time (the start
time) after its enactment the Act will confer power to make an
appointment, or to make an instrument of a legislative or
administrative character (including rules, regulations or by-laws),
because:
(a) the Act will commence at the start time; or
(b) the Act will be amended at the start time by an Act that has
been enacted and that commences at that time.
Exercise of power before start time
(2) The power may be exercised before the start time as if the relevant
commencement had occurred.
(3) Anything may be done before the start time for the purpose of
enabling the exercise of the power, or of bringing the appointment
or instrument into effect, as if the relevant commencement had
occurred.
(4) The exercise of a power under subsection (2) does not confer a
power or right or impose an obligation on a person before the
relevant commencement except so far as is necessary or convenient
for the purpose of:
(a) bringing the appointment or instrument into effect; or
(b) bringing the Act conferring power into operation; or
(c) making the Act conferring power fully effective at or after
the start time.
(5) An appointment, or a provision of an instrument, made under
subsection (2) takes effect at the start time or a later time specified
in the appointment or instrument.
One instrument may rely on subsection (2) and existing power
(6) To avoid doubt, a single instrument may be made before the start
time partly under subsection (2) and partly under a power already
conferred by an Act.
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Extended application to provisions of an Act
(7) Subsections (1) to (6) also apply in relation to a provision of an Act
in the same way as they apply in relation to an Act.
10 Section 5
Repeal the section.
11 Section 6
Omit “King’s” (wherever occurring), substitute “Sovereign’s”.
Note: The heading to section 6 is altered by omitting “or proclamation”.
12 Part III (heading)
Repeal the heading, substitute:
Part 4—Amendment, repeal and expiry of Acts
13 Sections 7 to 9
Repeal the sections, substitute:
7 Effect of repeal or amendment of Act
No revival of other Act or part
(1) The repeal of an Act, or of a part of an Act, that repealed an Act
(the old Act) or part (the old part) of an Act does not revive the old
Act or old part, unless express provision is made for the revival.
No effect on previous operation of Act or part
(2) If an Act, or an instrument under an Act, repeals or amends an Act
(the affected Act) or a part of an Act, then the repeal or amendment
does not:
(a) revive anything not in force or existing at the time at which
the repeal or amendment takes effect; or
(b) affect the previous operation of the affected Act or part
(including any amendment made by the affected Act or part),
or anything duly done or suffered under the affected Act or
part; or
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(c) affect any right, privilege, obligation or liability acquired,
accrued or incurred under the affected Act or part; or
(d) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against the affected Act or
part; or
(e) affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment.
Any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture
or punishment may be imposed, as if the affected Act or part had
not been repealed or amended.
Note: The Act that makes the repeal or amendment, or provides for the instrument to make the repeal or amendment, may be different from, or the same as, the affected Act or the Act containing the part repealed or amended.
Interpretation
(3) A reference in subsection (1) or (2) to the repeal or amendment of
an Act or of a part of an Act includes a reference to:
(a) a repeal or amendment effected by implication; and
(b) the expiry, lapsing or cessation of effect of the Act or part;
and
(c) the abrogation or limitation of the effect of the Act or part;
and
(d) the exclusion of the application of the Act or part to any
person, subject-matter or circumstance.
(4) A reference in this section to a part of an Act includes a reference
to any provision of, or words, figures, drawings or symbols in, an
Act.
14 Section 10
Omit “, except so far as the contrary intention appears”.
15 Paragraph 10(b)
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Omit “and, where, in connexion with that reference, particular
provisions of the repealed Act are referred to, being provisions to which
provisions of the re-enacted Act correspond, the reference to those
particular provisions shall be construed as including a reference to those
corresponding provisions”.
16 At the end of section 10
Add:
; and (c) if a provision of the other Act is repealed and re-enacted
(including where the other Act is repealed and re-enacted),
with or without modifications, a reference to the repealed
provision extends to any corresponding re-enacted provision.
17 Section 10A
Omit “, except so far as the contrary intention appears”.
18 Paragraph 10A(b)
Omit “and, where, in connection with that reference, particular
provisions of the repealed law are referred to, being provisions to which
provisions of the re-enacted or re-made law correspond, the reference to
those particular provisions shall be construed as including a reference to
those corresponding provisions”.
19 At the end of section 10A
Add:
; and (c) if a provision of that law is repealed and re-enacted or
re-made (including where that law is repealed and re-enacted
or re-made), with or without modifications, a reference to the
repealed provision extends to any corresponding re-enacted
or re-made provision.
20 Section 11
Repeal the section, substitute:
11 Acts may be altered etc. in same session
An Act may be altered, amended or repealed in the same session of
Parliament in which it was passed.
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11A Inserting definitions into provisions or inserting items into lists
or tables
Inserting definitions
(1) If an amending Act inserts a definition in a provision of the Act
being amended, but does not specify the position in that provision
where it is to be inserted, it is to be inserted in the appropriate
alphabetical position, determined on a letter-by-letter basis.
Inserting items into lists or tables
(2) If:
(a) an amending Act inserts an item into a list or table in a
provision of the Act being amended, but does not specify the
position in the list or table where the item is to be inserted;
and
(b) immediately before the insertion, the list or table was
arranged alphabetically;
the item is inserted in the appropriate alphabetical position,
determined on a letter-by-letter basis.
11B Amending Act to be construed with amended Act
(1) Every Act amending another Act must be construed with the other
Act as part of the other Act.
(2) If:
(a) an Act (the amending Act) amends another Act (the
principal Act); and
(b) a provision (the non-amending provision) of the amending
Act does not amend the principal Act, but relates to an
amendment of the principal Act made by another provision of
the amending Act; and
(c) a term is used in the non-amending provision that has a
particular meaning in the principal Act or in a provision of
the principal Act amended or included by the amending Act;
then the term has that meaning in the non-amending provision.
Note: Subsection (2) covers, for example, application, transitional and saving items in a Schedule to an amending Act that relate to amendments of a principal Act made by other items in the Schedule.
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(3) Subsection (2) does not limit subsection (1).
21 Part IV (heading)
Repeal the heading, substitute:
Part 5—General interpretation rules
22 Sections 13 to 15
Repeal the sections, substitute:
13 Material that is part of an Act
(1) All material from and including the first section of an Act to the
end of:
(a) if there are no Schedules to the Act—the last section of the
Act; or
(b) if there are one or more Schedules to the Act—the last
Schedule to the Act;
is part of the Act.
(2) The following are also part of an Act:
(a) the long title of the Act;
(b) any Preamble to the Act;
(c) the enacting words for the Act;
(d) any heading to a Chapter, Part, Division or Subdivision
appearing before the first section of the Act.
23 Section 15AA
Repeal the section, substitute:
15AA Interpretation best achieving Act’s purpose or object
In interpreting a provision of an Act, the interpretation that would
best achieve the purpose or object of the Act (whether or not that
purpose or object is expressly stated in the Act) is to be preferred
to each other interpretation.
24 Section 15AD
Repeal the section, substitute:
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15AD Examples
If an Act includes an example of the operation of a provision:
(a) the example is not exhaustive; and
(b) the example may extend the operation of the provision.
25 Subsections 15B(1) to (3)
Repeal the subsections, substitute:
Coastal sea of Australia
(1) An Act is taken to have effect in, and in relation to, the coastal sea
of Australia as if that coastal sea were part of Australia.
(2) A reference in an Act to Australia, or to the Commonwealth, is
taken to include a reference to the coastal sea of Australia.
Coastal sea of external Territory
(3) An Act that is in force in an external Territory is taken to have
effect in, and in relation to, the coastal sea of the Territory as if that
coastal sea were part of the Territory.
(3A) A reference in an Act to all or any of the external Territories
(whether or not one or more particular Territories are referred to) is
taken to include a reference to the coastal sea of any Territory to
which the reference relates.
Note: The following heading to subsection 15B(4) is inserted “Definition”.
26 Paragraph 15C(b)
Omit “except so far as the contrary intention appears,”.
27 Part V (heading)
Repeal the heading.
28 Section 16
Omit “unless the contrary intention appears”.
29 Section 16A
Omit “, unless the contrary intention appears,” (wherever occurring).
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30 Section 16B
Omit “, unless the contrary intention appears,”.
31 Subsection 16C(2)
Omit “, unless the contrary intention appears,”.
32 Subsection 16C(3)
Omit “Unless the contrary intention appears, a”, substitute “A”.
33 Sections 17, 17AA and 18
Repeal the sections.
34 Section 18A
Omit “, unless the contrary intention appears,”.
35 Section 18B
Repeal the section, substitute:
18B Titles of Chairs and Deputy Chairs
Chair titles
(1) For the purposes of this section, each of the following is a chair
title:
(a) Chair;
(b) Chairperson;
(c) Chairman;
(d) Chairwoman.
(2) A person occupying an office that is established by an Act and that
has a chair title may choose to be referred to by:
(a) that chair title; or
(b) another chair title; or
(c) any other similar title.
(3) If a person occupying an office that is established by an Act and
that has a chair title does not choose to be referred to by a title
mentioned in subsection (2), the person may be referred to by the
chair title that someone addressing the person considers
appropriate.
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Deputy chair titles
(4) For the purposes of this section, each of the following is a deputy
chair title:
(a) Deputy Chair;
(b) Deputy Chairperson;
(c) Deputy Chairman;
(d) Deputy Chairwoman.
(5) A person occupying an office that is established by an Act and that
has a deputy chair title may choose to be referred to by:
(a) that deputy chair title; or
(b) another deputy chair title; or
(c) any other similar title.
(6) If a person occupying an office that is established by an Act and
that has a deputy chair title does not choose to be referred to by a
title mentioned in subsection (5), the person may be referred to by
the deputy chair title that someone addressing the person considers
appropriate.
36 Section 18C
Repeal the section.
37 Paragraph 19A(1)(ab)
After “Minister”, insert “(including where there is no longer any such
Minister)”.
38 Subsection 19A(1)
Omit “, unless the contrary intention appears,”.
39 Subsection 19A(3)
Repeal the subsection, substitute:
(3) If a provision of an Act:
(a) refers to a Department by using the expression “the
Department” without specifying which Department is
referred to; or
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(b) refers to a particular Department (including where there is no
longer any such Department);
then the reference is a reference to:
(c) if different Ministers administer the provision in respect of
different matters—the Department of State of the
Commonwealth that:
(i) deals with the relevant matter; and
(ii) is administered by the Minister or Ministers
administering the provision in respect of that matter; or
(d) in any other case—the Department of State of the
Commonwealth that:
(i) deals with the matters to which the provision relates;
and
(ii) is administered by the Minister or Ministers
administering the provision.
40 Subsections 19B(1), (2) and (3)
Omit “on and from the date of the order or such later date as is specified
in the order”, substitute “on and after the day specified in the order
(which may be a day before the order is made)”.
41 Subsections 19BA(1), (2) and (3)
Omit “on and from the date of the order or such later date as is specified
in the order”, substitute “on and after the day specified in the order
(which may be a day before the order is made)”.
42 Subsection 19BB(2)
Omit “on and from the date of the order under subsection (1) or such
later date as is specified in that order”, substitute “on and after the day
specified in the order under subsection (1) (which may be a day before
that order is made)”.
43 After section 19BC
Insert:
19BD Validity of acts done by Ministers
If a Minister purports to exercise a power or perform a function or
duty that is conferred or imposed on another Minister by an Act,
the exercise of that power or the performance of that function or
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duty is not invalid merely because the power, function or duty is
conferred or imposed on the other Minister.
44 Section 20
Omit “unless the contrary intention appears”.
45 Section 20
After “at any time”, insert “hold or”.
46 Section 20
Omit “said”.
47 Subsection 21(1)
Omit “, unless the contrary intention appears”.
48 Sections 22 to 22C
Repeal the sections.
49 Section 23
Omit “, unless the contrary intention appears”.
50 Section 25
Repeal the section.
51 Subsection 25B(1)
Omit “, unless the contrary intention appears”.
52 Subsection 25B(1A)
Omit “, unless the contrary intention appears,”.
53 Subsection 25B(2)
Omit “, unless the contrary intention appears”.
54 Section 25C
Omit “, unless the contrary intention appears,”.
55 Section 25E
Repeal the section.
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56 Part VI (heading)
Repeal the heading, substitute:
Part 6—Service of documents
57 Sections 26 to 28
Repeal the sections.
58 Subsection 28A(1)
Omit “, unless the contrary intention appears,”.
59 At the end of subsection 28A(1)
Add:
Note: The Electronic Transactions Act 1999 deals with giving information in writing by means of an electronic communication.
60 Subsection 29(1)
Omit “unless the contrary intention appears”.
61 Subsection 29(1)
Omit “prepaying and posting the document as a letter, and unless the
contrary is proved”, substitute “, prepaying and posting the document as
a letter and, unless the contrary is proved,”.
62 Part VII (heading)
Repeal the heading, substitute:
Part 7—Powers, functions and duties
63 Subsection 33(1)
After “a power”, insert “or function”.
Note 1: The heading to section 33 is replaced by the heading “Exercise of powers and performance of functions or duties”.
Note 2: The following heading to subsection 33(1) is inserted “Powers, functions and duties may be exercised or must be performed as the occasion requires”.
64 Subsection 33(1)
Omit “, unless the contrary intention appears,”.
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65 Subsection 33(1)
Omit “duty shall be performed”, substitute “function or duty must be
performed”.
66 Subsections 33(2) and (2AA)
Repeal the subsections.
Note 1: The following heading to subsection 33(2A) is inserted “Meaning of may”.
Note 2: The following heading to subsection 33(2B) is inserted “Powers, functions and duties of bodies not affected by membership vacancies”.
67 Subsection 33(3)
After “instrument” (first occurring), insert “of a legislative or
administrative character”.
Note: The following heading to subsection 33(3) is inserted “Power to make instrument includes power to vary or revoke etc. instrument”.
68 Subsection 33(3)
Omit “, unless the contrary intention appears,”.
69 After subsection 33(3)
Insert:
(3AA) If a condition (the ongoing condition):
(a) must be satisfied before the making, granting or issuing of an
instrument; and
(b) is capable of ceasing to be satisfied after the making, granting
or issuing of the instrument;
subsection (3) has effect, in relation to the repeal, rescission or
revocation of the instrument, as if the reference to like conditions
(to the extent that the reference relates to the ongoing condition)
were a reference to the ongoing condition ceasing to be satisfied.
Example: A Minister may give a person a written permission if, among other things, the Minister is satisfied the person is of good character.
This condition is capable of ceasing to be satisfied after the giving of the permission.
The Minister may repeal, rescind or revoke the permission in the like manner if the Minister ceases to be satisfied that the person is of good character.
70 Subsection 33(3A)
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After “instrument” (first occurring), insert “of a legislative or
administrative character”.
Note: The following heading to subsection 33(3A) is inserted “Scope of powers in respect of matters”.
71 After subsection 33(3A)
Insert:
(3AB) If an Act confers on a person or authority the power to make an
instrument (except a legislative instrument or a rule of court):
(a) specifying, declaring or prescribing a matter; or
(b) doing anything in relation to a matter;
then, in exercising the power, the person or authority may identify
the matter by reference to a class or classes of matters.
Note: This provision has a parallel, in relation to legislative instruments, in section 13 of the Legislative Instruments Act 2003.
(3AC) For the purposes of subsections (3A) and (3AB), matter includes
thing, person and animal.
72 Subsection 33(3B)
After “instrument”, insert “of a legislative or administrative character”.
73 Subsection 33(4)
Omit “, unless the contrary intention appears,” (wherever occurring).
Note: The following heading to subsection 33(4) is inserted “Power to make appointment to an office or place”.
74 Subsection 33(4A)
Repeal the subsection.
Note: The following heading to subsection 33(5) is inserted “Power to make instrument prescribing penalties”.
75 After section 33
Insert:
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33AA Power to appoint includes power to reappoint
If an Act confers on a person or body a power to make an
appointment, the power is taken to include a power of
reappointment.
33AB Validity of things done under appointments under Acts
Anything done by or in relation to a person purporting to act under
an appointment (including an acting appointment) under an Act is
not invalid merely because:
(a) for any appointment—the occasion for the appointment had
not arisen; or
(b) for any appointment—there was a defect or irregularity in
connection with the appointment; or
(c) for any appointment—the appointment had ceased to have
effect; or
(d) for an acting appointment—the occasion to act had not arisen
or had ceased.
76 Subsection 33A(2)
Repeal the subsection, substitute:
Acting by operation of law
(2) If a provision of an Act provides for a person to act in a particular
office (without the need for an appointment), then, except so far as
the Act otherwise provides, while the person is acting in the office:
(a) the person has and may exercise all the powers, and must
perform all the functions and duties, of the holder of the
office; and
(b) the Act or any other Act applies in relation to the person as if
the person were the holder of the office.
(3) Anything done by or in relation to a person purporting to act in the
office mentioned in subsection (2) is not invalid merely because
the occasion to act had not arisen or had ceased.
Definition
(4) In this section:
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office includes a position occupied by an APS employee.
Note 1: The heading to section 33A is replaced by the heading “Acting in offices or positions”.
Note 2: The following heading to subsection 33A(1) is inserted “Acting appointments”.
77 At the end of subsection 33B(3)
Add “and to form part of any quorum for the meeting”.
78 Subsection 33B(4)
Repeal the subsection, substitute:
(4) The members of a body participating in a meeting for which a
permission under subsection (2) is in effect may all participate by a
means of communication referred to in that subsection.
(5) A meeting for which a permission under subsection (2) is in effect
may be held at 2 or more places at the same time.
79 Section 34
After “oath”, insert “or affirmation”.
Note: The heading to section 34 is replaced by the heading “Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.”.
80 After section 34
Insert:
34AAA Exercise of powers etc. by holders etc. of offices or positions
If an Act confers a power or function or imposes a duty on a person
holding or occupying an office or position as such, then the power
may be exercised or the function or duty must be performed by the
person for the time being holding or occupying the office or
position.
81 Before section 34AA
Insert:
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34AAB Minister may authorise others to perform functions or
duties or exercise powers on his or her behalf
(1) A Minister (the authorising Minister) who administers (whether
alone or jointly with one or more other Ministers) an Act or a
provision of an Act may authorise:
(a) a Minister who does not administer the Act or provision; or
(b) a member of the Executive Council who is not a Minister;
to act on behalf of the authorising Minister in the performance of
functions or duties, or the exercise of powers, that the authorising
Minister may perform or exercise under the Act or provision.
(2) An authorisation under subsection (1) in relation to an Act or a
provision of an Act extends to the performance of functions or
duties, or the exercise of powers, that the authorising Minister may
perform or exercise under an instrument (including a regulation,
rule or Proclamation) having effect under or for the purposes of the
Act or provision.
(3) Subject to subsection (4), an authorisation under subsection (1)
may be expressed:
(a) to have effect only during a period or periods, or during the
existence of a circumstance or circumstances, referred to in
the authorisation; or
(b) to take effect immediately, or at a time referred to in the
authorisation, and afterwards to continue to have effect until
another person is appointed to the office held by the
authorising Minister.
(4) An authorisation under subsection (1) may be revoked at any time
by the authorising Minister.
(5) An authorisation under subsection (1), and the revocation of such
an authorisation, must be in writing.
(6) This section does not affect the giving, under a power existing
apart from this section, of an authorisation to a Minister or other
member of the Executive Council to act on behalf of another
Minister.
82 Section 34AA
After “a function”, insert “, duty”.
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Note: The heading to section 34AA is replaced by the heading “Delegation to persons holding, occupying or performing the duties of an office or position”.
83 Section 34AA
Omit “, unless the contrary intention appears,”.
84 Section 34AA
After “delegating the function”, insert “, duty”.
85 Section 34AA
After “delegate the function”, insert “, duty”.
86 Section 34AB
Before “Where”, insert “(1)”.
Note: The following heading to subsection 34AB(1) is inserted “General”.
87 Section 34AB
After “delegate a function”, insert “, duty”.
88 Paragraphs 34AB(c) and (d)
After “a function”, insert “, duty”.
89 At the end of section 34AB
Add:
Addition of functions, duties or powers
(2) If:
(a) a person (the delegator) or body (also the delegator)
delegates all the person’s or body’s functions, duties or
powers under an Act, or a provision of an Act, to another
person or body; and
(b) the Act is amended to give the delegator one or more
additional functions, duties or powers under the Act or
provision; and
(c) the delegation is in force immediately before the amendment
takes effect;
then, on and after the amendment taking effect, the delegation is
taken to include the additional functions, duties or powers.
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Alteration of functions, duties or powers
(3) If:
(a) a person or body delegates one or more of the person’s or
body’s functions, duties or powers under an Act, or a
provision of an Act, to another person or body; and
(b) the Act is amended to alter the scope of one or more of those
functions, duties or powers under the Act or provision; and
(c) the delegation is in force immediately before the amendment
takes effect;
then, on and after the amendment taking effect, the delegation is
taken to include the functions, duties or powers as altered.
90 Section 34A
Repeal the section, substitute:
34A Exercise of powers and performance of functions or duties that
depend upon the opinion etc. of delegates
If:
(a) under an Act, a person’s exercise of a power, or a person’s
performance of a function or duty, is dependent upon the
person’s opinion, belief or state of mind in relation to a
matter; and
(b) that power, function or duty has been delegated under that or
any other Act;
the delegate may exercise that power, or may perform that function
or duty, upon the delegate’s opinion, belief or state of mind in
relation to that matter.
91 Part VIII (heading)
Repeal the heading, substitute:
Part 8—Distance, time and age
92 Section 35
Omit “, unless the contrary intention appears,”.
93 Section 36
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Repeal the section, substitute:
36 Calculating time
(1) A period of time referred to in an Act that is of a kind mentioned in
column 1 of an item in the following table is to be calculated
according to the rule mentioned in column 2 of that item:
Calculating periods of time
Column 1 Column 2
Item If the period of time: then the period of time:
1 is expressed to occur between 2 days includes both days.
2 is expressed to begin at, on or with a includes that day.
specified day
3 is expressed to continue until a includes that day.
specified day
4 is expressed to end at, on or with a includes that day.
specified day
5 is expressed to begin from a specified does not include that day.
day
6 is expressed to begin after a specified does not include that day.
day
7 is expressed to end before a specified does not include that day.
day
Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November.
Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day.
Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March.
Example 4: If a person’s right to make submissions ends on the last day of a financial year, the person may make submissions on that day.
Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July.
Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28-day period begins on 3 August.
Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding
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starts on 8 May, the notice may be given at any time during the 7-day period starting on 1 May and ending on 7 May.
(2) If:
(a) an Act requires or allows a thing to be done; and
(b) the last day for doing the thing is a Saturday, a Sunday or a
holiday;
then the thing may be done on the next day that is not a Saturday, a
Sunday or a holiday.
Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April.
(3) In this section:
holiday, in relation to the time for doing a thing, means:
(a) a day that is a public holiday in the place in which the thing
is to be or may be done; and
(b) if the thing is to be or may be done at a particular office or
other place—a day on which the place or office is closed for
the whole day.
94 Section 37
Omit “standard or”.
95 At the end of Part VIII
Add:
37A Attainment of particular age
For the purposes of any Act, the time at which a person attains a
particular age expressed in years is the commencement of the
relevant anniversary of the date of the birth of that person.
96 Part IX (heading)
Repeal the heading, substitute:
Part 9—Citation of Acts
97 At the end of section 38
Add:
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(4) An Act passed by the legislature of a Territory may be referred to
by the term “Territory Act”.
98 Section 39
Omit “King’s”, substitute “Sovereign’s”.
99 At the end of subsection 40(1)
Add:
; and (d) any Territory Act may be cited by a reference to the Territory
by whose legislature the Act was passed, together with such
mode of reference as is sufficient in Acts passed by that
legislature.
100 Subsection 40(2)
Omit “or State Act”, substitute “, State Act or Territory Act”.
101 Subsections 40(3) and (4)
Repeal the subsections.
102 Part XI (heading)
Repeal the heading, substitute:
Part 10—Non-legislative instruments and
resolutions
103 Subsection 46(1)
Omit “, unless the contrary intention appears”.
104 Paragraphs 46(1)(b) and (c)
After “legislation”, insert “as in force from time to time”.
105 Subsection 46(2)
Omit “subsection (1)”, substitute “this subsection”.
106 Subsection 46(3)
Repeal the subsection (not including the note).
107 Subsection 46AA(1)
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Omit “, unless the contrary intention appears,”.
108 Subsection 46AA(2)
Omit “Unless the contrary intention appears, the”, substitute “The”.
109 Section 47
Omit “, unless the contrary intention appears,”.
110 Part XII (heading)
Repeal the heading, substitute:
Part 11—Regulations
Legislative Instruments Act 2003
111 Paragraphs 13(1)(b) and (c)
After “legislation”, insert “as in force from time to time”.
112 Subsection 13(2)
Omit “subsection (1)”, substitute “this subsection”.
113 Subsection 13(3)
Omit “or thing” (wherever occurring).
114 Subsection 13(3)
Omit “or things”.
115 At the end of section 13 (before the note)
Add:
(4) For the purposes of subsection (3), matter includes thing, person
and animal.
116 Section 13 (note)
Omit “section 46”, substitute “subsection 33(3AB) and section 46”.
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Schedule 2—Consequential amendments
Aboriginal and Torres Strait Islander Act 2005
1 At the end of subsection 143M(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
2 Subsection 143M(5)
Repeal the subsection.
3 Subsection 144F(4)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
4 Subsection 144F(5)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
5 Subsection 144L(1)
Omit “(1)”.
6 At the end of subsection 144L(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
7 Subsection 144L(2)
Repeal the subsection.
8 Subsection 144ZP(1)
Omit “(1)”.
9 At the end of subsection 144ZP(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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10 Subsection 144ZP(2)
Repeal the subsection.
11 At the end of subsection 162(1)
Add:
Note: For rules that apply to persons acting as the Indigenous Business Australia Chairperson, see section 33A of the Acts Interpretation Act 1901.
12 At the end of subsections 162(2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
13 Subsection 162(5)
Repeal the subsection.
14 Subsection 172(1)
Omit “(1)”.
15 At the end of subsection 172(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
16 Subsection 172(2)
Repeal the subsection.
17 Subsection 190(3)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
18 Subsection 190(4)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
19 At the end of subsection 192E(1)
Add:
Note: For rules that apply to persons acting as the Indigenous Land Corporation Chairperson, see section 33A of the Acts Interpretation Act 1901.
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20 At the end of subsections 192E(2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
21 Subsection 192E(5)
Repeal the subsection.
22 Subsection 192P(1)
Omit “(1)”.
Note: The heading to subsection 192P(1) is deleted.
23 At the end of subsection 192P(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
24 Subsection 192P(2)
Repeal the subsection.
25 Subsection 200C(2) (note 1)
Omit “section 17AA”, substitute “section 2B”.
Aboriginal Land Rights (Northern Territory) Act 1976
26 Section 3AAA (note)
Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.
27 Subsection 3AA(1) (note)
Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.
28 Subsection 20J(1)
Omit “(1)”.
29 Subsection 20J(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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30 Subsection 20J(2)
Repeal the subsection.
31 Subsection 28D(2)
Omit “paragraph 34AB(d)”, substitute “paragraph 34AB(1)(d)”.
Administrative Appeals Tribunal Act 1975
32 Subsection 24M(1)
Omit “(1)”.
33 At the end of subsection 24M(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
34 Subsections 24M(2) and (3)
Repeal the subsections.
Admiralty Act 1988
35 Subsection 41(5)
Repeal the subsection.
Aged Care Act 1997
36 Paragraph 22-5(2)(a)
Omit “*business days”, substitute “business days”.
37 Subsection 39-4(2)
Omit “*business days”, substitute “business days”.
38 Subsection 44-11(1) (paragraph (aa) of the definition of member of a couple)
Omit “section 22B”, substitute “section 2E”.
39 Subparagraph 91-1(1)(a)(ii)
Omit “*business day”, substitute “business day”.
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40 Subsection 95A-3(1)
Omit “(1)”.
41 At the end of subsection 95A-3(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
42 Subsection 95A-3(2)
Repeal the subsection.
43 Clause 1 of Schedule 1 (definition of business day)
Repeal the definition.
Agricultural and Veterinary Chemical Products (Collection
of Levy) Act 1994
44 Subsection 3(1) (definition of document)
Repeal the definition.
Agricultural and Veterinary Chemicals Act 1994
45 Subsection 3(3)
Omit “subsection 22(3)”, substitute “section 2H”.
Agricultural and Veterinary Chemicals (Administration) Act
1992
46 Section 18 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
47 At the end of subsection 43(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
48 Subsection 43(5)
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Repeal the subsection.
Agricultural and Veterinary Chemicals Code Act 1994
49 Section 9
Omit “subsection 13(2)”, substitute “subsection 13(1)”.
50 Subsection 3(1) of the Code set out in the Schedule (definition of document)
Repeal the definition.
51 Subparagraph 56D(5)(a)(viii) of the Code set out in the Schedule
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
Air Navigation Act 1920
52 Subsection 11A(4) (definition of Australian citizen)
Repeal the definition.
Airports Act 1996
53 Subsection 71(8)
Omit “Australian Standard AS2021—1994”, substitute “Australian
Standard AS 2021—2000”.
54 Subsection 89(4) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
55 Subsection 91(6)
Omit “Australian Standard AS2021—1994”, substitute “Australian
Standard AS 2021—2000”.
56 Paragraph 100(2)(d)
Omit “the Standards Association of Australia”, substitute “Standards
Australia”.
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57 Paragraph 107(2)(d)
Omit “the Standards Association of Australia”, substitute “Standards
Australia”.
58 Subsection 132(3A)
Omit “the Standards Association of Australia”, substitute “Standards
Australia”.
59 Subsection 133(3A)
Omit “the Standards Association of Australia”, substitute “Standards
Australia”.
Airports (Transitional) Act 1996
60 Subsection 55(3)
Repeal the subsection.
Air Services Act 1995
61 At the end of subsections 33(1), (3) and (4)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
62 Subsection 33(5)
Repeal the subsection.
63 At the end of subsection 41(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
64 Subsection 41(4)
Repeal the subsection.
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A New Tax System (Medicare Levy Surcharge—Fringe
Benefits) Act 1999
65 Paragraph 7(1)(a)
Omit “section 22B”, substitute “section 2E”.
Antarctic Treaty (Environment Protection) Act 1980
66 Subsection 3(1) (definition of continental shelf)
Repeal the definition.
Anti-Money Laundering and Counter-Terrorism Financing
Act 2006
67 Subsection 164(1) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
68 Subsection 214(3) (note)
Repeal the note, substitute:
Note: The AUSTRAC CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
69 Subsection 221(1)
Omit “(1)”.
70 At the end of subsection 221(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
71 Subsection 221(2)
Repeal the subsection.
72 Paragraph 249(b)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
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Anti-Personnel Mines Convention Act 1998
73 Subsection 8(1) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
74 Subsections 13(3) and (4) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
Archives Act 1983
75 Subsection 3(1) (note at the end of the definition of record)
Omit “section 25”, substitute “section 2B”.
76 Subsection 3C(1) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Auditor-General Act 1997
77 Subsection 56(3) (definition of modifications)
Repeal the definition.
78 At the end of subclause 7(1) of Schedule 1
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
79 Subclause 7(2) of Schedule 1
Repeal the subclause.
80 Subclause 7(3) of Schedule 1 (note)
Repeal the note.
81 Subclause 6(1) of Schedule 2
Omit “(1)”.
82 At the end of subclause 6(1) of Schedule 2
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
83 Subclause 6(2) of Schedule 2
Repeal the subclause.
AusCheck Act 2007
84 Subsection 4(1) (note at the end of the definition of AusCheck staff member)
Omit “section 17AA”, substitute “section 2B”.
85 Subsection 12(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Australia Council Act 1975
86 Subsection 15(1)
Omit “Subject to subsection (2), the”, substitute “The”.
87 At the end of subsection 15(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
88 Subsection 15(2)
Repeal the subsection.
89 At the end of subsection 15(3)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
90 Subsections 15(4), (5) and (7)
Repeal the subsections.
91 Subsection 19E(1)
Omit “(1)”.
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92 Paragraph 19E(1)(b)
Omit “General Manager;”, substitute “General Manager.”.
93 Subsection 19E(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
94 At the end of subsection 19E(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
95 Subsections 19E(2) to (6)
Repeal the subsections.
96 Paragraph 28(1)(b)
Omit “Chairperson;”, substitute “Chairperson.”.
97 Subsection 28(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
98 At the end of subsection 28(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
99 Subsections 28(2) to (4) and (7)
Repeal the subsections.
Australian Astronomical Observatory Act 2010
100 Subsection 9(2) (note 2)
Omit “section 17AA”, substitute “section 2B”.
101 Subsection 10(1)
Omit “(1)”.
102 Subsection 10(1) (note)
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Omit “Note”, substitute “Note 1”.
103 Subsection 10(1) (note)
Omit “section 17AA”, substitute “section 2B”.
104 At the end of subsection 10(1)
Add:
Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
105 Subsection 10(2)
Repeal the subsection.
106 Subsection 15(2) (note)
Repeal the note, substitute:
Note: An Advisory Committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Australian Broadcasting Corporation Act 1983
107 Subsection 19(1)
Omit “(1)”.
108 At the end of subsection 19(1)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
109 Subsections 19(2), (3) and (4)
Repeal the subsections.
110 Paragraph 20(1)(b)
Omit “office;”, substitute “office.”.
111 Subsection 20(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
112 At the end of subsection 20(1)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
113 Subsections 20(2), (5), (7) and (9)
Repeal the subsections.
114 At the end of subsection 21(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
115 Subsections 21(4), (5) and (6)
Repeal the subsections.
Australian Bureau of Statistics Act 1975
116 Subsection 15(1)
Omit “, but a person so appointed to act during a vacancy shall not
continue so to act for more than 12 months”.
117 At the end of subsection 15(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
118 Subsections 15(2), (3), (5) and (6)
Repeal the subsections.
Australian Capital Territory Government Service
(Consequential Provisions) Act 1994
119 Subsection 23(2)
Omit “section 8”, substitute “section 7”.
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Australian Capital Territory (Planning and Land
Management) Act 1988
120 At the end of subsections 37(1), (2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
121 Subsections 37(4) and (5)
Repeal the subsections.
Australian Centre for International Agricultural Research
Act 1982
122 Subsection 14(1)
Omit “(1)”.
123 Subsection 14(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
124 Subsection 14(2)
Repeal the subsection.
125 Subsection 29(1)
Omit “(1)”.
126 Subsection 29(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
127 Subsection 29(2)
Repeal the subsection.
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Australian Centre for Renewable Energy Act 2010
128 Section 9 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
129 At the end of subsection 10(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
130 Subsection 10(2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
131 Subsection 10(3)
Repeal the subsection.
Australian Communications and Media Authority Act 2005
132 Paragraph 8(1)(e)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
133 Paragraph 9(d)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
134 At the end of subsections 23(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
135 Subsection 23(3)
Repeal the subsection.
136 Subsection 26(1)
Omit “(1)”.
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137 At the end of subsection 26(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
138 Subsection 26(2)
Repeal the subsection.
Australian Crime Commission Act 2002
139 Subsection 46(1)
Omit “(1)”.
140 At the end of subsection 46(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
141 Subsection 46(2)
Repeal the subsection.
Australian Curriculum, Assessment and Reporting Authority
Act 2008
142 Subsection 14(1) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
143 At the end of subsection 15(1)
Add:
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
144 Subsections 15(2) and (3)
Repeal the subsections.
145 At the end of subsection 15(4)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
146 Subsection 15(5)
Repeal the subsection.
147 Subsection 25(1) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
148 Subsection 26(1)
Omit “(1)”.
149 At the end of subsection 26(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
150 Subsection 26(2)
Repeal the subsection.
Australian Federal Police Act 1979
151 Subsection 18(1)
Omit “, but a person so appointed shall not continue so to act for more
than 12 months”.
152 At the end of subsection 18(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
153 Subsections 18(3), (4) and (5)
Repeal the subsections.
Australian Film, Television and Radio School Act 1973
154 At the end of subsection 31(1)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
155 Subsections 31(3) to (7)
Repeal the subsections.
Australian Hearing Services Act 1991
156 Subsections 8(4), (5), (6), (7) and (8) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
157 At the end of subsections 32(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
158 Subsections 32(3) and (4)
Repeal the subsections.
159 Paragraph 48(1)(b)
Omit “office;”, substitute “office.”.
160 Subsection 48(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
161 At the end of subsection 48(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
162 Subsection 48(4)
Repeal the subsection.
Australian Human Rights Commission Act 1986
163 At the end of subsections 36(2) and (3)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
164 Subsection 36(10)
Repeal the subsection.
165 Subsection 46J(1)
Omit “(1)”.
166 At the end of subsection 46J(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
167 Subsection 46J(2)
Repeal the subsection.
Australian Information Commissioner Act 2010
168 Subsection 14(4) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
169 At the end of subsection 21(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
170 Subsections 21(2) and (4)
Repeal the subsections.
Australian Institute of Aboriginal and Torres Strait Islander
Studies Act 1989
171 At the end of subsection 18(1)
Add:
Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.
172 At the end of subsections 18(2) and (5)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
173 Subsection 18(7)
Repeal the subsection.
Australian Institute of Health and Welfare Act 1987
174 Subsection 9(1)
Omit “(1)”.
175 Paragraph 9(1)(b)
Omit “office;”, substitute “office.”.
176 Subsection 9(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
177 At the end of subsection 9(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
178 Subsections 9(2) to (7)
Repeal the subsections.
Australian Institute of Marine Science Act 1972
179 Subsection 30(1)
Omit “(1)”.
180 Paragraph 30(1)(b)
Omit “office;”, substitute “office.”.
181 Subsection 30(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
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182 At the end of subsection 30(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
183 Subsections 30(2) to (7)
Repeal the subsections.
Australian Law Reform Commission Act 1996
184 At the end of subsections 13(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
185 Subsection 13(4)
Repeal the subsection.
186 Subsection 14(1)
Omit “(1)”.
187 At the end of subsection 14(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
188 Subsection 14(2)
Repeal the subsection.
Australian Maritime Safety Authority Act 1990
189 At the end of subsections 18(1), (2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
190 Subsections 18(5) and (6)
Repeal the subsections.
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191 Paragraph 54(1)(b)
Omit “office;”, substitute “office.”.
192 Subsection 54(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
193 At the end of subsection 54(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
194 Subsection 54(4)
Repeal the subsection.
Australian National Maritime Museum Act 1990
195 Subsection 3(1) (definition of continental shelf)
Repeal the definition.
196 At the end of subsections 18(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
197 Subsections 18(3) and (4)
Repeal the subsections.
198 Subsection 38(1)
Omit “(1)”.
199 Paragraph 38(1)(b)
Omit “Director;”, substitute “Director.”.
200 Subsection 38(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
201 At the end of subsection 38(1)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
202 Subsection 38(2)
Repeal the subsection.
Australian National University Act 1991
203 Subsection 37(1)
Omit “(1)”.
204 Paragraph 37(1)(b)
Omit “office;”, substitute “office.”.
205 Subsection 37(1)
Omit “but a person appointed to act during a vacancy may not continue
so to act for more than 12 months.”.
206 At the end of subsection 37(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
207 Subsection 37(2)
Repeal the subsection.
Australian Nuclear Science and Technology Organisation
Act 1987
208 At the end of subsection 17(1)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
209 Paragraph 17(2)(b)
Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.
210 Subsection 17(2)
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Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
211 At the end of subsection 17(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
212 Subsections 17(3), (4) and (6) to (8)
Repeal the subsections.
213 Paragraph 23(1)(b)
Omit “office;”, substitute “office.”.
214 Subsection 23(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
215 At the end of subsection 23(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
216 Subsections 23(2), (5), (7) and (8)
Repeal the subsections.
Australian Organ and Tissue Donation and Transplantation
Authority Act 2008
217 Section 15 (note)
Repeal the note, substitute:
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
218 Subsection 16(1)
Omit “(1)”.
219 At the end of subsection 16(1)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
220 Subsection 16(2)
Repeal the subsection.
221 Subsection 34(3) (note)
Repeal the note, substitute:
Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
222 At the end of subsection 36(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
223 Subsection 36(3)
Repeal the subsection.
224 At the end of subsection 37(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
225 Subsection 37(3)
Repeal the subsection.
226 Subsection 46(2) (note)
Repeal the note, substitute:
Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Australian Passports Act 2005
227 Subparagraph 53(3)(ca)(i)
Omit “section 22B”, substitute “section 2E”.
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Australian Postal Corporation Act 1989
228 At the end of subsections 82(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
229 Subsection 82(3)
Repeal the subsection.
230 Subsection 88(1)
Omit “(1)”.
231 At the end of subsection 88(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
232 Subsection 88(3)
Repeal the subsection.
233 Section 90E (definition of business day)
Repeal the definition.
Australian Prudential Regulation Authority Act 1998
234 At the end of subsections 19(1), (2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
235 Subsection 19(5)
Repeal the subsection.
Australian Radiation Protection and Nuclear Safety Act 1998
236 Subsection 53(1)
Omit “(1)”.
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237 At the end of subsection 53(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
238 Subsection 53(2)
Repeal the subsection.
Australian Research Council Act 2001
239 Subsection 35(1)
Omit “(1)”.
240 At the end of subsection 35(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
241 Subsection 35(2)
Repeal the subsection.
Australian Security Intelligence Organisation Act 1979
242 Subsection 34G(5) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Australian Sports Anti-Doping Authority Act 2006
243 Section 24B (note)
Repeal the note, substitute:
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
244 Subsection 24C(1)
Omit “(1)”.
245 At the end of subsection 24C(1)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
246 Subsection 24C(2)
Repeal the subsection.
247 Subsection 27(1) (note)
Repeal the note, substitute:
Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
248 Section 28 (note)
Repeal the note, substitute:
Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
249 At the end of subsections 29(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
250 Subsection 29(4)
Repeal the subsection.
251 Section 44 (note)
Repeal the note, substitute:
Note: An ADRVP member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
252 At the end of subsections 45(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
253 Subsection 45(3)
Repeal the subsection.
254 Subsection 54(1) (note)
Repeal the note, substitute:
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Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
255 Section 55 (note)
Repeal the note, substitute:
Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
256 At the end of subsections 56(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
257 Subsection 56(4)
Repeal the subsection.
258 Section 69 (note)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
Australian Sports Commission Act 1989
259 Paragraph 20(1)(b)
Omit “Chairperson;”, substitute “Chairperson.”.
260 Subsection 20(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
261 At the end of subsection 20(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
262 Paragraph 20(2)(b)
Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.
263 Subsection 20(2)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
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264 At the end of subsection 20(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
265 Paragraph 20(3)(b)
Omit “member;”, substitute “member.”.
266 Subsection 20(3)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
267 At the end of subsection 20(3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
268 Subsection 20(4)
Repeal the subsection.
269 Subsection 39(1)
Omit “(1)”.
270 Paragraph 39(1)(b)
Omit “office;”, substitute “office.”.
271 Subsection 39(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
272 At the end of subsection 39(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
273 Subsection 39(2)
Repeal the subsection.
274 Subsection 54(1)
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Omit “and 26”, substitute “, 26 and 39”.
275 Subsection 54(1)
Omit “, 30(1) and 39(1)”, substitute “and 30(1)”.
276 Subsection 54(1)
Omit “subsection 39(1) as that subsection”, substitute “section 39 as
that section”.
Australian Trade Commission Act 1985
277 Subsection 56(1)
Omit “(1)”.
278 Subsection 56(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
279 Subsection 56(2)
Repeal the subsection.
Australian War Memorial Act 1980
280 Subsection 26(1)
Omit “(1)”.
281 Paragraph 26(1)(b)
Omit “office;”, substitute “office.”.
282 Subsection 26(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
283 At the end of subsection 26(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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284 Subsections 26(2) to (8)
Repeal the subsections.
Banking Act 1959
285 Subsection 6A(1)
Omit “(1)”.
286 Subsection 6A(1)
Omit “, other than subsection (2),”.
287 Subsection 6A(2)
Repeal the subsection.
288 Subsection 16AG(3) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Bankruptcy Act 1966
289 At the end of subsections 17(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
290 Subsection 17(7)
Repeal the subsection.
291 Section 185 (definition of insolvent under administration)
Repeal the definition.
Bills of Exchange Act 1909
292 Paragraph 19(2)(d)
Repeal the paragraph, substitute:
(d) The term month in a bill means a period starting at the start
of any day of one of the calendar months and ending:
(i) immediately before the start of the corresponding day of
the next calendar month; or
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(ii) if there is no such day—at the end of the next calendar
month.
Broadcasting Services Act 1992
293 Subsection 6(1) (definition of business day)
Repeal the definition.
294 Subsections 146C(1) and (2) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
295 Subsections 146CA(1) and (2) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
296 Subsection 212B(6) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
297 Subclauses 6(9), (10) and (21) of Schedule 4 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
298 Subclauses 19(9), (10) and (21) of Schedule 4 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
299 Subclause 8(2) of Schedule 5 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
300 Subclause 40(5) of Schedule 5 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
301 Clause 50 of Schedule 5 (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
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302 Subclause 60(4) of Schedule 5 (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
303 Subclause 60(5) of Schedule 5 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
304 Subclauses 91(2), (4) and (5) of Schedule 5 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
305 Subclause 3(7) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
306 Subclause 4(7) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
307 Subclause 13(8) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
308 Subclause 15(8) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
309 Subclause 21(8) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
310 Subclause 27(1) of Schedule 6 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
311 Subclause 27(8) of Schedule 7
Repeal the subclause.
312 Subclause 31(7) of Schedule 7
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Repeal the subclause.
313 Clause 55 of Schedule 7 (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Building and Construction Industry Improvement Act 2005
314 Subsection 7(3)
Repeal the subsection.
315 Subsection 16(1)
Omit “(1)”.
316 At the end of subsection 16(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
317 Subsection 16(2)
Repeal the subsection.
Cancer Australia Act 2006
318 Subsection 16(1)
Omit “(1)”.
319 At the end of subsection 16(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
320 Subsection 16(2)
Repeal the subsection.
321 At the end of subsections 29(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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322 Subsection 29(3)
Repeal the subsection.
Chemical Weapons (Prohibition) Act 1994
323 Subsection 8B(3) (note)
Omit “section 46 of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
324 Subsection 10(9) (note)
Omit “section 46 of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
Child Support (Assessment) Act 1989
325 Subsection 5(1) (paragraph (c) of the definition of member of a couple)
Omit “section 22B”, substitute “section 2E”.
326 Subsection 5(1) (definition of named month)
Repeal the definition.
327 Subsection 7A(1) (note)
Omit “Subsections (6), (7), (8) and (9)”, substitute “Subsections (5) to
(8)”.
328 Subsection 7A(1) (note)
Omit “or definitive”.
329 Paragraph 7A(3)(b)
Omit “named month”, substitute “calendar month”.
330 Subsection 34A(2)
Omit “named month” (wherever occurring), substitute “calendar
month”.
331 Paragraphs 34A(3)(b) and (c)
Omit “named month”, substitute “calendar month”.
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332 Section 78
Omit “month” (wherever occurring), substitute “calendar month”.
333 Subsection 163A(5) (paragraph (b) of the definition of de facto relationship)
Omit “section 22B”, substitute “section 2E”.
Child Support (Registration and Collection) Act 1988
334 Subsection 4(1) (definition of closing day)
Omit “month” (wherever occurring), substitute “calendar month”.
335 Subsection 4(1) (definition of month)
Repeal the definition.
336 Subsection 26A(3) (example)
Omit “month”, substitute “calendar month or a month”.
337 Subsection 26B(4) (example 2)
Omit “calendar”.
338 Subsection 44(10)
Omit “one month”, substitute “one calendar month or one month”.
339 Section 47
Omit “month” (wherever occurring), substitute “calendar month”.
340 Paragraphs 53(a), (b) and (c)
Omit “month”, substitute “calendar month”.
341 Subsection 65A(3) (example 2)
Omit “calendar”.
342 Subsection 66(1)
Omit “month”, substitute “calendar month”.
343 Subsection 67(1AA)
Omit “month”, substitute “calendar month”.
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344 Subsection 71AA(4) (example)
Omit “month” (wherever occurring), substitute “calendar month”.
345 Subsection 76(1)
Omit “each month”, substitute “each calendar month”.
346 Paragraph 76(1)(a)
Omit “the month”, substitute “the calendar month”.
347 Paragraphs 77(a) and (b)
Omit “month”, substitute “calendar month”.
348 Section 78
Omit “month” (wherever occurring), substitute “calendar month”.
Civil Aviation Act 1988
349 Section 55 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
350 Subsection 62(1)
Omit “(1)”.
351 At the end of subsection 62(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
352 Subsection 62(2)
Repeal the subsection.
353 Subsection 63(1)
Omit “(1)”.
354 At the end of subsection 63(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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355 Subsection 63(2)
Repeal the subsection.
356 Subsection 74(1) (note)
Repeal the note, substitute:
Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
357 Subsection 82(1)
Omit “(1)”.
358 At the end of subsection 82(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
359 Subsection 82(2)
Repeal the subsection.
Civil Aviation (Carriers’ Liability) Act 1959
360 Subsection 5(1) (definition of Australian citizen)
Repeal the definition.
361 Subsection 25(2)
Omit “and the provisions of section 8 of the Acts Interpretation Act
1901 shall apply as if this Part had been repealed by an Act other than
this Act”.
Classification (Publications, Films and Computer Games)
Act 1995
362 At the end of subsection 66(1)
Add:
Note: For rules that apply to persons acting as the Director, see section 33A of the Acts Interpretation Act 1901.
363 At the end of subsection 66(2)
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Add:
Note: For rules that apply to acting appointments of the Director, see section 33A of the Acts Interpretation Act 1901.
364 At the end of subsection 66(3)
Add:
Note: For rules that apply to acting appointments of members, see section 33A of the Acts Interpretation Act 1901.
365 Subsection 66(4)
Repeal the subsection.
366 At the end of subsection 84(1)
Add:
Note: For rules that apply to persons acting as the Convenor, see section 33A of the Acts Interpretation Act 1901.
367 At the end of subsection 84(2)
Add:
Note: For rules that apply to acting appointments of the Convenor, see section 33A of the Acts Interpretation Act 1901.
368 At the end of subsection 84(3)
Add:
Note: For rules that apply to acting appointments of members of the Review Board, see section 33A of the Acts Interpretation Act 1901.
369 Subsection 84(4)
Repeal the subsection.
COAG Reform Fund Act 2008
370 Subsection 8(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Coal Mining Industry (Long Service Leave Funding) Act
1992
371 At the end of subsection 31(1)
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Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
372 At the end of subsection 31(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
373 Subsection 31(5)
Repeal the subsection.
374 At the end of subsection 32(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
375 Subsection 32(3)
Repeal the subsection.
Commonwealth Authorities and Companies Act 1997
376 Section 5 (definition of APS employee)
Repeal the definition.
377 Subsection 33(1)
Omit “(1)”.
378 Subsection 33(2)
Repeal the subsection.
379 Subsection 46(2) (definition of modifications)
Repeal the definition.
380 Saving of regulations
(1) Regulations in force for the purposes of subsection 33(1) of the
Commonwealth Authorities and Companies Act 1997 immediately
before the commencement of this item continue in force on and after
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that commencement as if they were regulations in force for the purposes
of section 33 of that Act.
(2) The amendment made by item 379 does not affect the validity of
regulations in force for the purposes of subsection 46(1) of the
Commonwealth Authorities and Companies Act 1997 immediately
before the commencement of that item.
Commonwealth Electoral Act 1918
381 Subsection 13(1)
Omit “(1)”.
382 Paragraph 13(1)(b)
Omit “office;”, substitute “office.”.
383 Subsection 13(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
384 At the end of subsection 13(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
385 Subsections 13(2) to (6)
Repeal the subsections.
386 Subsection 14(1)
Omit “(1)”.
387 Paragraph 14(1)(b)
Omit “office;”, substitute “office.”.
388 Subsection 14(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
389 At the end of subsection 14(1)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
390 Subsections 14(2) to (6)
Repeal the subsections.
391 At the end of subsection 19(3)
Add:
Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901.
392 Subsection 19(5)
Repeal the subsection.
393 Subsection 26(1)
Omit “(1)”.
394 Subparagraph 26(1)(b)(ii)
Omit “Deputy Electoral Commissioner;”, substitute “Deputy Electoral
Commissioner.”.
395 Subsection 26(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
396 At the end of subsection 26(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
397 Subsections 26(2) to (6)
Repeal the subsections.
398 Subsection 27(1)
Omit “(1)”.
399 Paragraph 27(1)(b)
Omit “office;”, substitute “office.”.
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400 Subsection 27(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
401 At the end of subsection 27(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
402 Subsections 27(2) to (6)
Repeal the subsections.
403 At the end of subsection 30(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
404 Subsections 30(3) to (5)
Repeal the subsections.
405 At the end of subsection 31(3)
Add:
Note: For rules that apply to persons acting as the Australian Electoral Officer for a State, see section 33A of the Acts Interpretation Act 1901.
406 Subsection 31(4)
Repeal the subsection.
407 Subsection 253(2)
Omit “6 o’clock in the afternoon by standard time”, substitute “6 pm”.
Commonwealth Serum Laboratories Act 1961
408 Subsection 19B(1) (definition of Australian citizen)
Repeal the definition.
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Competition and Consumer Act 2010
409 Subsection 4(1) (definition of document)
Repeal the definition, substitute:
document means any record of information, and includes:
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to
interpret them; and
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph.
410 At the end of subsection 11(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
411 Subsection 11(1A)
Repeal the subsection.
412 At the end of subsection 11(2)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
413 Subsection 29E(1)
Omit “(1)”.
414 At the end of subsection 29E(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
415 Subsection 29E(2)
Repeal the subsection.
416 At the end of subsections 34(1), (2) and (3)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
417 Subsection 44A(1)
Omit “(1)”.
418 At the end of subsection 44A(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
419 Subsections 44A(2) to (6)
Repeal the subsections.
420 Subsection 44AO(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
421 Subsection 44AO(3)
Repeal the subsection.
422 Subsection 44AQ(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
423 Subsection 44AS(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
424 Subsection 44AS(3)
Repeal the subsection.
425 Section 44AAH (note 1)
Omit “Section 17AA”, substitute “Section 2B”.
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426 Paragraph 51(2)(c)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
427 Subsection 151BUAA(1B) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
428 Subsection 151BUA(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
429 Subsection 151BUA(6) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
430 Subsection 151BUB(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
431 Subsection 151BUC(2) (note 2)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
432 Subsection 151BUD(1) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
433 Subsection 151BUD(3) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
434 Subsection 151BUDA(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
435 Subsection 151BUDB(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
436 Subsection 151BUDC(2) (note 2)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
437 Subsections 152AR(4B) and (4C) (note)
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Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
438 Paragraph 51(2)(c) of Schedule 1
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
439 Subsection 2(1) of Schedule 2 (definition of document)
Repeal the definition, substitute:
document means any record of information, and includes:
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to
interpret them; and
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph.
440 Paragraph 105(1)(a) of Schedule 2
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
441 Paragraph 135(1)(a) of Schedule 2
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
Coordinator-General for Remote Indigenous Services Act
2009
442 Subsection 19(1) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
443 At the end of subsection 20(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
444 Subsection 20(3)
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Repeal the subsection.
Copyright Act 1968
445 At the end of subsection 170(7)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
446 Subsection 170(8)
Repeal the subsection.
Corporations (Aboriginal and Torres Strait Islander) Act
2006
447 At the end of subsections 663-25(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
448 Subsection 663-25(3)
Repeal the subsection.
449 Subsection 694-110(3)
Omit “paragraph 34AB(a), (b), (d) or (e)”, substitute “paragraph
34AB(1)(a), (b), (d) or (e), subsection 34AB(2) or (3)”.
450 Section 700-1 (note at the end of the definition of Australia)
Omit “Paragraph 17(a)”, substitute “Section 2B”.
451 Section 700-1 (definition of business day)
Repeal the definition.
452 Section 700-1 (definition of territorial sea)
Repeal the definition.
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Crimes Act 1914
453 Subsection 4AAA(1) (note 2)
Omit “paragraph 26(e)”, substitute “section 2B”.
454 Subsection 4AAB(1) (note 2)
Omit “paragraph 26(e)”, substitute “section 2B”.
455 Subsection 15A(1ACA)
Repeal the subsection.
456 At the end of section 25
Add:
(3) In subsection (2):
British possession means any part of the Sovereign’s dominions
exclusive of the United Kingdom, and where parts of such
dominions are under both a central and a local legislature all parts
under the central legislature are, for the purposes of this definition,
taken to be one British possession.
Crimes at Sea Act 2000
457 Clause 13 of Schedule 1 (definition of continental shelf)
Repeal the definition.
458 Clause 13 of Schedule 1 (definition of territorial sea)
Repeal the definition.
Criminal Code Act 1995
459 Subsection 100.5(3) of the Criminal Code
Omit “sections 22A, 22B and 22C”, substitute “sections 2D, 2E and
2F”.
460 Section 130.1 of the Criminal Code (note)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
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461 Dictionary in the Criminal Code (note at the end of the definition of person)
Omit “paragraph 22(1)(a) of the Acts Interpretation Act 1901. That
paragraph”, substitute “subsection 2C(1) of the Acts Interpretation Act
1901. That subsection”.
Criminology Research Act 1971
462 Subsection 22(1)
Omit “(1)”.
463 Paragraph 22(1)(b)
Omit “Director;”, substitute “Director.”.
464 Subsection 22(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
465 At the end of subsection 22(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
466 Subsections 22(2) to (7)
Repeal the subsections.
Cross-Border Insolvency Act 2008
467 Subsection 7(2) (note)
Omit “Paragraph 17(a)”, substitute “Section 2B”.
Customs Act 1901
468 Subsection 4(1) (definition of contiguous zone)
Repeal the definition.
469 Subsection 4(1) (definition of Continental shelf)
Repeal the definition.
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470 Subsection 4(1) (definition of exclusive economic zone)
Repeal the definition.
471 Subsection 4(1) (definition of insolvent under administration)
Repeal the definition.
472 Subsection 9(3)
Omit “Paragraph 34AB(c)”, substitute “Paragraph 34AB(1)(c)”.
473 Subsections 71AAAE(1) and (2) (note 2)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
474 Subsection 153ZA(1) (definition of continental shelf)
Repeal the definition.
475 Subsection 153ZIB(1) (definition of continental shelf)
Repeal the definition.
476 Subsection 153ZKB(1) (definition of exclusive economic zone)
Repeal the definition.
477 At the end of subsection 269ZS(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
478 Subsection 269ZS(3)
Repeal the subsection.
Customs Administration Act 1985
479 Subsection 13(1)
Omit “(1)”.
480 At the end of subsection 13(1)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
481 Subsections 13(2) to (8)
Repeal the subsections.
482 Subsection 14(4)
Omit “Paragraph 34AB(c)”, substitute “Paragraph 34AB(1)(c)”.
Customs Tariff Act 1995
483 Schedule 3 (Section XI, paragraph (b) of Additional Note 1)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
484 Schedule 3 (Section XI, subparagraph (b)(i) of Additional Note 1)
Omit “AS 2001.4.15”, substitute “Australian Standard AS2001.4.15”.
485 Schedule 3 (Section XI, subparagraph (b)(ii) of Additional Note 1)
Omit “AS 2001.4.21”, substitute “Australian Standard AS2001.4.21”.
486 Schedule 3 (Section XI, paragraph (c) of Additional Note 1)
Omit “Standards Australia International Limited Standard AS
2001.4.1”, substitute “Australian Standard AS2001.4.1”.
Defence Act 1903
487 Subsection 9C(1)
Omit “(1)”.
488 Paragraph 9C(1)(b)
Omit “office;”, substitute “office.”.
489 Subsection 9C(1)
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Omit “but an officer appointed to act during a vacancy shall not
continue so to act for more than 12 months.”.
490 At the end of subsection 9C(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
491 Subsection 9C(2)
Repeal the subsection.
492 Subsection 51(1) (definition of continental shelf)
Repeal the definition.
493 Subsection 51(1) (definition of exclusive economic zone)
Repeal the definition.
494 Subsection 51(1) (definition of territorial sea)
Repeal the definition.
495 Paragraph 58P(1)(b)
Omit “office;”, substitute “office.”.
496 Subsection 58P(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
497 At the end of subsection 58P(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
498 Subsections 58P(2) to (7)
Repeal the subsections.
499 Subsection 58X(1)
Omit “(1)”.
500 Paragraph 58X(1)(b)
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Omit “office;”, substitute “office.”.
501 Subsection 58X(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
502 At the end of subsection 58X(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
503 Subsections 58X(2) to (7)
Repeal the subsections.
504 At the end of subsections 61CO(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
505 Subsection 61CO(9)
Repeal the subsection.
506 At the end of subsection 110N(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
507 Subsection 110N(2)
Repeal the subsection.
508 Subsections 110YC(1) and (2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
509 Subsection 110YC(4)
Repeal the subsection.
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Defence Force Discipline Act 1982
510 Subsection 188(1)
Omit “(1)”.
511 Paragraph 188(1)(b)
Omit “office;”, substitute “office.”.
512 Subsection 188(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
513 At the end of subsection 188(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
514 Subsections 188(2) to (8)
Repeal the subsections.
515 At the end of subsection 188FL(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
516 Subsection 188FL(2)
Repeal the subsection.
517 At the end of subsection 188GP(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
518 Subsection 188GP(2)
Repeal the subsection.
Defence Force Retirement and Death Benefits Act 1973
519 Paragraph 6A(4)(ba)
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Omit “section 22B”, substitute “section 2E”.
Defence Home Ownership Assistance Scheme Act 2008
520 Subsection 80(1) (note)
Omit “section 17AA”, substitute “section 2B”.
521 Subsection 81(1) (note)
Omit “section 17AA”, substitute “section 2B”.
522 Subsection 81(6) (note at the end of the definition of senior employee)
Omit “section 17AA”, substitute “section 2B”.
Defence Housing Australia Act 1987
523 At the end of subsections 23(1), (2) and (2A)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
524 Subsections 23(3) to (9)
Repeal the subsections.
525 Subsection 27(3) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
526 Paragraph 54(1)(b)
Omit “office;”, substitute “office.”.
527 Subsection 54(1)
Omit “but a person appointed to act during a vacancy shall not continue
to act as Managing Director for more than 12 months.”.
528 At the end of subsection 54(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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529 Subsections 54(2) to (5) and (7)
Repeal the subsections.
Dental Benefits Act 2008
530 Subsection 41(1) (note)
Omit “section 17AA”, substitute “section 2B”.
531 Subsection 66(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Designs Act 2003
532 Subsection 15(2) (note)
Omit “section 25”, substitute “section 2B”.
Development Allowance Authority Act 1992
533 Subsection 106(1)
Omit “(1)”.
Note: The heading to subsection 106(1) is deleted.
534 At the end of subsection 106(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
535 Subsection 106(5)
Repeal the subsection.
Director of Public Prosecutions Act 1983
536 At the end of subsection 26(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
537 At the end of subsection 26(1A)
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Add:
Note: For rules that apply to persons acting as the Director, see section 33A of the Acts Interpretation Act 1901.
538 Subsections 26(2), (4) and (6) to (9)
Repeal the subsections.
539 Paragraph 26A(1)(b)
Omit “office;”, substitute “office.”.
540 Subsection 26A(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
541 At the end of subsection 26A(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
542 Subsection 26A(3)
Repeal the subsection.
Disability Discrimination Act 1992
543 Subsection 4(1) (definition of document)
Repeal the definition.
544 Subsection 120(1)
Omit “(1)”.
545 At the end of subsection 120(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
546 Subsection 120(2)
Repeal the subsection.
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Do Not Call Register Act 2006
547 Section 4 (note at the end of the definition of organisation)
Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.
Education Services for Overseas Students Act 2000
548 Subsection 52(1)
Omit “(1)”.
549 At the end of subsection 52(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
550 Subsection 52(2)
Repeal the subsection.
Environment Protection and Biodiversity Conservation Act
1999
551 Subsection 25A(1) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
552 Subsection 28AA(1) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
553 Section 170D
Omit “(as defined in section 528)”.
554 Subsection 303FRA(4) (definition of modifications)
Repeal the definition.
555 Subsection 324N(3)
Repeal the subsection.
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556 Subsection 341N(3)
Repeal the subsection.
557 Subsection 350(7) (note)
Omit “Section 22”, substitute “Section 2B”.
558 Subsection 380(1A)
Omit “subsection 33(4A)”, substitute “section 33AA”.
559 Subsection 449BB(5)
Repeal the subsection.
560 At the end of subsection 514G(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
561 Subsection 514G(3)
Repeal the subsection.
562 Section 528 (definition of business day)
Repeal the definition.
Environment Protection (Sea Dumping) Act 1981
563 Subsection 4(1) (paragraph (c) of the definition of Australian waters)
Omit “, within the meaning of the Seas and Submerged Lands Act
1973,”.
564 Subsection 4(1) (definition of continental shelf)
Repeal the definition.
565 Subsection 4(1) (definition of territorial sea)
Repeal the definition.
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Evidence Act 1995
566 After subsection 3(1)
Insert:
(1A) The Dictionary at the end of this Act is part of this Act.
Excise Tariff Act 1921
567 Paragraph 3(6)(b)
Omit “Australian Standard AS/NZS 1960.1:1995”, substitute
“Australian Standard AS 1960.1—2005”.
568 Schedule (definition of territorial sea)
Repeal the definition.
Export Control Act 1982
569 Section 3 (definition of document)
Repeal the definition.
Export Finance and Insurance Corporation Act 1991
570 At the end of subsection 38(1)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
571 At the end of subsection 38(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
572 Subsections 38(4) and (5)
Repeal the subsections.
573 At the end of subsections 39(1) and (2)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
574 Subsection 39(3)
Repeal the subsection.
575 At the end of subsection 79(1)
Add:
Note: For rules that apply to persons acting as the Managing Director, see section 33A of the Acts Interpretation Act 1901.
576 At the end of subsection 79(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
577 Subsections 79(3) and (4)
Repeal the subsections.
Export Market Development Grants Act 1997
578 Subsection 33(2) (note 1)
Omit “section 22”, substitute “section 2B”.
579 Subsection 37(1) (note 1)
Omit “section 22”, substitute “section 2B”.
580 Section 87B (note)
Omit “sections 17 and 22 respectively”, substitute “section 2B”.
581 Subsection 87C(1) (note)
Omit “sections 17 and 22 respectively”, substitute “section 2B”.
582 Subsection 107(1) (note at the end of the definition of person)
Omit “section 22”, substitute “subsection 2C(1)”.
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Fair Work (Registered Organisations) Act 2009
583 Subsection 343A(3) (note)
Omit “section 17AA”, substitute “section 2B”.
Family Law Act 1975
584 Subsection 38M(1)
Omit “(1)”.
585 At the end of subsection 38M(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
586 Subsections 38M(2) and (3)
Repeal the subsections.
587 Paragraph 60EA(a)
Omit “section 22B”, substitute “section 2E”.
588 Section 90MD (definition of business day)
Repeal the definition.
589 Subsection 114D(1) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
590 Subsection 114F(1)
Omit “(1)”.
591 At the end of subsection 114F(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
592 Subsection 114F(2)
Repeal the subsection.
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Federal Court of Australia Act 1976
593 Subsection 18M(1)
Omit “(1)”.
594 At the end of subsection 18M(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
595 Subsections 18M(2) and (3)
Repeal the subsections.
596 Subsection 23EG(4) (note)
Repeal the note.
Federal Financial Relations Act 2009
597 Subsection 23(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Federal Magistrates Act 1999
598 Paragraph 9E(7)(ba) of Schedule 1
Omit “section 22B”, substitute “section 2E”.
599 Subclause 10(1) of Schedule 1 (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
600 Subclause 10(2) of Schedule 1
Repeal the subclause.
601 Subclause 9(1) of Schedule 2
Omit “(1)”.
602 Subclause 9(1) of Schedule 2 (note)
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Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
603 Subclause 9(2) of Schedule 2
Repeal the subclause.
Financial Management and Accountability Act 1997
604 Subsection 58(2) (definition of modifications)
Repeal the definition.
605 Saving of regulations
The amendment made by item 604 does not affect the validity of
regulations in force for the purposes of subsection 58(1) of the
Financial Management and Accountability Act 1997 immediately
before the commencement of that item.
Fisheries Administration Act 1991
606 Subsection 14(1)
Omit “(1)”.
607 At the end of subsection 14(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
608 Subsection 14(2)
Repeal the subsection.
609 Subsection 61(1)
Omit “(1)”.
610 Paragraph 61(1)(b)
Omit “office;”, substitute “office.”.
611 Subsection 61(1)
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Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
612 At the end of subsection 61(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
613 Subsection 61(2)
Repeal the subsection.
614 Subsection 103(1)
Omit “(1)”.
615 Paragraph 103(1)(b)
Omit “office;”, substitute “office.”.
616 Subsection 103(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
617 At the end of subsection 103(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
618 Subsection 103(2)
Repeal the subsection.
Fisheries Management Act 1991
619 Subsection 4(1) (definition of continental shelf)
Repeal the definition.
620 Subsection 4(1) (definition of exclusive economic zone)
Repeal the definition.
621 Subsection 4(1) (definition of territorial sea)
Repeal the definition.
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622 Subsection 128(1)
Omit “(1)”.
623 At the end of subsection 128(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
624 Subsection 128(2)
Repeal the subsection.
625 Subsection 140(1)
Omit “(1)”.
626 At the end of subsection 140(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
627 Subsection 140(2)
Repeal the subsection.
Food Standards Australia New Zealand Act 1991
628 Subsection 112(7) (definition of modifications)
Repeal the definition.
629 At the end of subsections 121(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
630 Subsection 121(3)
Repeal the subsection.
631 Subsection 134(1)
Omit “(1)”.
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632 At the end of subsection 134(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
633 Subsection 134(2)
Repeal the subsection.
Foreign Proceedings (Excess of Jurisdiction) Act 1984
634 Subsection 3(1) (definition of document)
Repeal the definition.
Freedom of Information Act 1982
635 Subsection 47J(1) (note)
Omit “section 22”, substitute “subsection 2C(1)”.
Fringe Benefits Tax (Application to the Commonwealth) Act
1986
636 Subsection 4(1)
Omit “(1)”.
637 Subsection 4(2)
Repeal the subsection.
638 Subsection 5(1)
Omit “(1)”.
639 Subsection 5(2)
Repeal the subsection.
640 Saving of regulations
(1) Regulations in force for the purposes of subsection 4(1) of the Fringe
Benefits Tax (Application to the Commonwealth) Act 1986 immediately
before the commencement of this item continue in force on and after
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that commencement as if they were regulations in force for the purposes
of section 4 of that Act.
(2) Regulations in force for the purposes of subsection 5(1) of the Fringe
Benefits Tax (Application to the Commonwealth) Act 1986 immediately
before the commencement of this item continue in force on and after
that commencement as if they were regulations in force for the purposes
of section 5 of that Act.
Fringe Benefits Tax Assessment Act 1986
641 Subsection 135T(4)
Repeal the subsection.
642 Subsection 136(1) (definition of business day)
Repeal the definition.
Future Fund Act 2006
643 Section 5 (note at the end of the definition of person)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
644 Subsection 38(2) (note)
Repeal the note, substitute:
Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
645 Subsection 40(2) (note)
Repeal the note, substitute:
Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
646 At the end of subsections 46(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
647 Subsection 46(4)
Repeal the subsection.
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648 Subsection 83A(1) (note)
Omit “section 17AA”, substitute “section 2B”.
649 Subsection 83B(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Gene Technology Act 2000
650 Subsection 121(1)
Omit “(1)”.
651 At the end of subsection 121(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
652 Subsection 121(2)
Repeal the subsection.
Governance of Australian Government Superannuation
Schemes Act 2011
653 Subsection 36(6)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
654 Subsection 36(7)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
Governor-General Act 1974
655 Paragraph 2B(4)(ba)
Omit “section 22B”, substitute “section 2E”.
656 Subsection 12(1)
Omit “(1)”.
657 Paragraph 12(1)(b)
Omit “Official Secretary;”, substitute “Official Secretary.”.
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658 Subsection 12(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
659 At the end of subsection 12(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
660 Subsections 12(2) to (7)
Repeal the subsections.
Great Barrier Reef Marine Park Act 1975
661 Subsection 3(1) (definition of continental shelf)
Repeal the definition.
662 Subsection 3(1) (definition of exclusive economic zone)
Repeal the definition.
663 Subsection 3(1) (definition of territorial sea)
Repeal the definition.
664 Paragraph 15(1)(b)
Omit “office;”, substitute “office.”.
665 Subsection 15(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
666 At the end of subsection 15(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
667 Subsection 15(2)
Repeal the subsection.
668 Paragraph 15(3)(b)
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Omit “office;”, substitute “office.”.
669 Subsection 15(3)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
670 At the end of subsection 15(3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
671 Subsections 15(4), (6) and (7)
Repeal the subsections.
Health and Other Services (Compensation) Act 1995
672 Section 46 (note)
Omit “section 25”, substitute “section 2B”.
Health Insurance Act 1973
673 Section 46A (note at the end of the definition of Australian Immunisation Handbook)
Omit “the Government Printer see paragraph 17(n)”, substitute
“Government Printer see section 2B”.
674 Subsection 106ZE(1)
Omit “(1)”.
675 At the end of subsection 106ZE(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
676 Subsection 106ZE(2)
Repeal the subsection.
677 At the end of subsection 106ZPH(1)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
678 Subsections 106ZPH(5) and (6)
Repeal the subsections.
679 Subsection 124F(4A) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Health Workforce Australia Act 2009
680 At the end of subsections 13(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
681 Subsection 13(4)
Repeal the subsection.
682 At the end of subsection 28(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
683 Subsection 28(4)
Repeal the subsection.
Hearing Services Administration Act 1997
684 Subsection 5(3) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
Historic Shipwrecks Act 1976
685 Subsection 2(4)
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Omit “, and section 8 of the Acts Interpretation Act 1901 has effect as if
this Act, to the extent that it so ceases to apply, had been repealed on
that date by another Act”.
686 Subsections 2(7) and (9B)
Omit “and, where such a Proclamation is made, section 8 of the Acts
Interpretation Act 1901 has effect as if this Act, to the extent that it is so
declared to cease to apply, had been repealed by another Act on the date
specified in the Proclamation”.
687 Subsection 3(1) (definition of continental shelf)
Repeal the definition.
Income Tax Assessment Act 1936
688 Section 102AAB (paragraph (a) of the definition of de facto relationship)
Omit “section 22B”, substitute “section 2E”.
689 Subsection 109CA(6) (note)
Omit “paragraph 22(1)(c)”, substitute “section 2B”.
690 Paragraph 251R(2)(a)
Omit “section 22B”, substitute “section 2E”.
691 Subsection 264A(23)
Omit “section 25”, substitute “the definition of document in
section 2B”.
692 Subsection 317(1) (paragraph (a) of the definition of de facto relationship)
Omit “section 22B”, substitute “section 2E”.
Income Tax Assessment Act 1997
693 Subsection 230-335(1) (note)
Omit “section 25”, substitute “section 2B”.
694 Subsection 960-50(7)
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Omit “For this purpose, modifications includes additions, omissions
and substitutions.”.
695 Subsection 974-50(4) (definition of year)
Omit “calendar”.
696 Subsection 995-1(1) (note at the end of the definition of foreign law)
Omit “paragraph 22(1)(f)”, substitute “section 2B”.
697 Subsection 995-1(1) (paragraph (a) of the definition of spouse)
Omit “section 22B”, substitute “section 2E”.
Independent Contractors Act 2006
698 Subsection 42(5)
Repeal the subsection.
Independent National Security Legislation Monitor Act 2010
699 Subsection 20(1)
Omit “(1)”.
700 Subsection 20(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
701 Subsection 20(2)
Repeal the subsection.
Industrial Chemicals (Notification and Assessment) Act 1989
702 Subsection 97(1)
Omit “(1)”.
703 Paragraph 97(1)(b)
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Omit “office;”, substitute “office.”.
704 Subsection 97(1)
Omit “but a person appointed to act during a vacancy is not to continue
so to act for more than 12 months.”.
705 At the end of subsection 97(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
706 Subsection 97(2)
Repeal the subsection.
707 Subsection 105(3)
Repeal the subsection.
Industry Research and Development Act 1986
708 At the end of subsections 17(1), (2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
709 Subsections 17(4) to (9)
Repeal the subsections.
710 Subsection 22A(1)
Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.
Infrastructure Australia Act 2008
711 Section 9 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
712 At the end of subsection 10(1)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
713 Subsection 10(2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
714 Subsection 10(3)
Repeal the subsection.
715 Section 30 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
716 Subsection 31(1)
Omit “(1)”.
717 Subsection 31(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
718 Subsection 31(2)
Repeal the subsection.
Inspector-General of Intelligence and Security Act 1986
719 Paragraph 6A(1)(b)
Omit “office;”, substitute “office.”.
720 Subsection 6A(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
721 At the end of subsection 6A(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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722 Subsection 6A(3)
Repeal the subsection.
Inspector-General of Taxation Act 2003
723 Subsection 29(1)
Omit “(1)”.
724 At the end of subsection 29(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
725 Subsection 29(2)
Repeal the subsection.
Inspector of Transport Security Act 2006
726 Section 3 (definition of territorial sea)
Repeal the definition.
727 Subsection 29(1)
Omit “(1)”.
728 At the end of subsection 29(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
729 Subsection 29(2)
Repeal the subsection.
Insurance Act 1973
730 Subsection 78(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
731 Subsection 93(10)
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Omit “and thereupon:”, substitute “. APRA must then cause notice that
this section has ceased to have effect to be published in the Gazette.”.
732 Paragraphs 93(10)(a) and (c)
Repeal the paragraphs.
Intelligence Services Act 2001
733 At the end of subsections 24(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
734 Subsection 24(3)
Repeal the subsection.
Interactive Gambling Act 2001
735 Section 4 (definition of business day)
Repeal the definition.
736 Subsection 24(5) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
737 Section 30 (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
738 Subsection 37(4) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
739 Subsection 37(5) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
International Air Services Commission Act 1992
740 At the end of subsections 48(1) and (2)
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Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
741 Subsection 48(3)
Repeal the subsection.
Interstate Road Transport Charge Act 1985
742 Subsection 5(2) (note)
Omit “paragraph 22(1)(e)”, substitute “section 2B”.
Judges’ Pensions Act 1968
743 Paragraph 4AB(4)(ba)
Omit “section 22B”, substitute “section 2E”.
Judiciary Act 1903
744 Subsection 55Z(1)
Omit “(1)”.
745 At the end of subsection 55Z(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
746 Subsection 55Z(2)
Repeal the subsection.
Law Enforcement Integrity Commissioner Act 2006
747 Subsection 175(2) (note)
Repeal the note, substitute:
Note: The Integrity Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
748 Subsection 177(1) (note)
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Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
749 Subsection 177(3)
Repeal the subsection.
750 Subsection 187(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
751 Subsection 187(3)
Repeal the subsection.
Law Officers Act 1964
752 At the end of subsection 11(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
753 Subsection 11(3)
Repeal the subsection.
754 Subsection 11(4)
Repeal the subsection.
Life Insurance Act 1995
755 Subsection 16ZC(4)
Repeal the subsection.
Liquid Fuel Emergency Act 1984
756 Subsection 3(1) (definition of document)
Repeal the definition.
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Maritime Transport and Offshore Facilities Security Act
2003
757 Section 10 (definition of continental shelf)
Repeal the definition.
758 Section 10 (definition of exclusive economic zone)
Repeal the definition.
759 Section 10 (definition of territorial sea)
Repeal the definition.
Medical Indemnity Act 2002
760 Subsection 34F(4)
Omit “calendar”.
Migration Act 1958
761 Subsection 5(1) (definition of continental shelf)
Repeal the definition.
762 Section 245A (definition of contiguous zone)
Repeal the definition.
763 At the end of subsection 404(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
764 Subsections 404(2) and (8)
Repeal the subsections.
765 At the end of subsection 469(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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766 Subsections 469(2) and (8)
Repeal the subsections.
767 Subsection 503A(9) (note at the end of the definition of gazetted agency)
Omit “subsection 13(3) of the Legislative Instruments Act 2003 or
subsection 46(3)”, substitute “subsection 33(3AB)”.
Military Rehabilitation and Compensation Act 2004
768 Subsection 5(1) (paragraph (ba) of the definition of partner)
Omit “section 22B”, substitute “section 2E”.
769 Section 360
Omit “Part VII”, substitute “Part 7”.
770 Subsection 366(2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
771 Subsection 367(2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
772 Section 368
Repeal the section.
Motor Vehicle Standards Act 1989
773 Paragraph 7A(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
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National Blood Authority Act 2003
774 Subsection 10(1) (note 2)
Omit “section 25”, substitute “section 2B”.
775 Subsection 10(3) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
776 At the end of subsections 17(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
777 Subsection 17(4)
Repeal the subsection.
778 Subsection 29(1)
Omit “(1)”.
779 At the end of subsection 29(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
780 Subsection 29(2)
Repeal the subsection.
National Consumer Credit Protection Act 2009
781 Subsection 5(1) (note at the end of the definition of Australia)
Omit “Paragraph 17(a)”, substitute “Section 2B”.
782 Subsection 5(1) (paragraph (a) of the definition of insolvent)
Omit “(within the meaning of the Corporations Act 2001)”.
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783 Subsection 18(2)
Omit “subsection 22(3)”, substitute “section 2H”.
784 Subsection 204(1) of Schedule 1 (paragraph (a) of the definition of insolvent)
Omit “within the meaning of the Corporations Act 2001”.
National Film and Sound Archive Act 2008
785 At the end of subsection 12(1)
Add:
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
786 Subsections 12(2) and (3)
Repeal the subsections.
787 At the end of subsections 12(4) and (5)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
788 Subsection 12(6)
Repeal the subsection.
789 Subsection 23(1)
Omit “(1)”.
790 At the end of subsection 23(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
791 Subsection 23(2)
Repeal the subsection.
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National Gallery Act 1975
792 Subsection 31(1)
Omit “(1)”.
793 Paragraph 31(1)(b)
Omit “office;”, substitute “office.”.
794 Subsection 31(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
795 At the end of subsection 31(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
796 Subsections 31(2) to (7)
Repeal the subsections.
National Greenhouse and Energy Reporting Act 2007
797 Section 7 (definition of exclusive economic zone)
Repeal the definition.
National Health Act 1953
798 Subsection 4(1) (paragraph (a) of the definition of de facto partner)
Omit “section 22B”, substitute “section 2E”.
799 Paragraph 99D(1)(b)
Omit “Chairperson;”, substitute “Chairperson.”.
800 Subsection 99D(1)
Omit “but a person appointed so to act during a vacancy shall not
continue so to act for more than 12 months.”.
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801 At the end of subsection 99D(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
802 Subsections 99D(2), (3), (5) and (6)
Repeal the subsections.
803 Paragraph 99E(1)(b)
Omit “duties;”, substitute “duties.”.
804 Subsection 99E(1)
Omit “but a person appointed so to act during a vacancy shall not
continue so to act for more than 12 months.”.
805 At the end of subsection 99E(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
806 Subsections 99E(2), (3), (5) and (6)
Repeal the subsections.
National Health and Medical Research Council Act 1992
807 Subsection 41(5) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
808 At the end of subsection 42(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
809 Subsection 42(4)
Repeal the subsection.
810 Subsection 51(1) (note)
Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.
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National Health Security Act 2007
811 Subsection 3(1) (definition of Australian citizen)
Repeal the definition.
812 Subsection 3(1) (definition of business day)
Repeal the definition.
National Library Act 1960
813 Subsection 11(1)
Omit “(1)”.
814 Paragraph 11(1)(b)
Omit “office;”, substitute “office.”.
815 Subsection 11(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
816 At the end of subsection 11(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
817 Subsections 11(2) to (7)
Repeal the subsections.
818 Paragraph 17J(1)(b)
Omit “Director-General;”, substitute “Director-General.”.
819 Subsection 17J(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
820 At the end of subsection 17J(1)
Add:
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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
821 Subsections 17J(2) to (7)
Repeal the subsections.
National Measurement Act 1960
822 Subsection 18B(1)
Omit “(1)”.
823 At the end of subsection 18B(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
824 Subsection 18B(2)
Repeal the subsection.
National Museum of Australia Act 1980
825 Subsection 3(1) (definition of appoint)
Repeal the definition.
826 Paragraph 3(2)(b)
Omit “, within the meaning of the Seas and Submerged Lands Act
1973,”.
827 At the end of subsection 20(9)
Add:
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
828 Subsections 20(10) to (12)
Repeal the subsections.
829 Paragraph 29(1)(b)
Omit “office;”, substitute “office.”.
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830 Subsection 29(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
831 At the end of subsection 29(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
832 Subsections 29(2) to (6), (8) and (9)
Repeal the subsections.
National Transport Commission Act 2003
833 At the end of subsection 22(1)
Add:
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
834 At the end of subsections 22(2), (3) and (4)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
835 Subsection 22(8)
Repeal the subsection.
National Vocational Education and Training Regulator Act
2011
836 Subsection 4(2)
Omit “subsection 22(3)”, substitute “section 2H”.
National Water Commission Act 2004
837 Subsection 11(1) (note)
Repeal the note, substitute:
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Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
838 Subsection 12(1)
Omit “(1)”.
839 Subsection 12(1) (note 2)
Repeal the note, substitute:
Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
840 Subsection 12(2)
Repeal the subsection.
841 Subsection 25(1) (note)
Repeal the note, substitute:
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
842 Subsection 26(1)
Omit “(1)”.
843 Subsection 26(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
844 Subsection 26(2)
Repeal the subsection.
845 Section 34 (note 1)
Omit “Section 17AA”, substitute “Section 2B”.
Nation-building Funds Act 2008
846 Section 4 (note at the end of the definition of person)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
847 Subsection 122(1) (note)
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Omit “section 17AA”, substitute “section 2B”.
848 Subsection 122(3) (note)
Omit “section 17AA”, substitute “section 2B”.
849 Section 123 (note)
Omit “section 17AA”, substitute “section 2B”.
850 Subsection 124(1) (note)
Omit “section 17AA”, substitute “section 2B”.
851 Subsection 125(1) (note)
Omit “section 17AA”, substitute “section 2B”.
852 Subsection 126(1) (note)
Omit “section 17AA”, substitute “section 2B”.
853 Subsection 127(1) (note)
Omit “section 17AA”, substitute “section 2B”.
854 Subsection 170(3) (note)
Repeal the note, substitute:
Note: A member of the EIF Advisory Board may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
855 Subsection 207(1) (note)
Omit “section 17AA”, substitute “section 2B”.
856 Subsection 207(3) (note)
Omit “section 17AA”, substitute “section 2B”.
857 Section 208 (note)
Omit “section 17AA”, substitute “section 2B”.
858 Subsection 209(1) (note)
Omit “section 17AA”, substitute “section 2B”.
859 Subsection 210(1) (note)
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Omit “section 17AA”, substitute “section 2B”.
860 Subsection 245(3) (note)
Repeal the note, substitute:
Note: A member of the HHF Advisory Board may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
861 Subsection 275(1) (note)
Omit “section 17AA”, substitute “section 2B”.
862 Subsection 275(3) (note)
Omit “section 17AA”, substitute “section 2B”.
863 Section 276 (note)
Omit “section 17AA”, substitute “section 2B”.
864 Subsection 277(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Native Title Act 1993
865 Subsection 106A(1)
Omit “A person appointed to act during a vacancy is not to continue so
to act for more than 12 months.”.
866 At the end of subsection 106A(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
867 Subsection 106A(3)
Repeal the subsection.
868 Section 203FI (note 1)
Omit “section 17AA”, substitute “section 2B”.
Navigation Act 1912
869 Subsection 6(1) (definition of exclusive economic zone)
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Repeal the definition.
870 Subsection 295A(2)
Omit “section 8”, substitute “subsection 7(2)”.
871 Subsection 295A(2)
Omit “another”, substitute “an”.
872 Subsection 295B(2)
Omit “section 8”, substitute “subsection 7(2)”.
873 Subsection 295B(2)
Omit “another”, substitute “an”.
Northern Territory Acceptance Act 1910
874 Preamble
Omit “Constitution Act”, substitute “Commonwealth of Australia
Constitution Act”.
Nuclear Non-Proliferation (Safeguards) Act 1987
875 Subsection 50(1)
Omit “(1)”.
876 At the end of subsection 50(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
877 Subsections 50(2) to (8)
Repeal the subsections.
Offshore Minerals Act 1994
878 Subsection 390(2) (note)
Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.
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Offshore Petroleum and Greenhouse Gas Storage Act 2006
879 Subsection 66(1) (note)
Omit “section 17AA”, substitute “section 2B”.
880 Subsection 67(1) (note 1)
Omit “section 17AA”, substitute “section 2B”.
881 Subsection 68(5) (note)
Omit “section 17AA”, substitute “section 2B”.
882 Subsection 72(1) (note 1)
Omit “section 17AA”, substitute “section 2B”.
883 Subsection 656(3) (note)
Repeal the note, substitute:
Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
884 Subsection 658(2) (note)
Repeal the note, substitute:
Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
885 At the end of subsections 664(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
886 Subsection 664(3)
Repeal the subsection.
887 Subsection 665(5) (note)
Repeal the note, substitute:
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
888 Subsection 674(1)
Omit “(1)”.
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889 At the end of subsection 674(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
890 Subsection 674(2)
Repeal the subsection.
891 Subsection 750(2) (note)
Repeal the note, substitute:
Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
892 Subsection 778(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Olympic Insignia Protection Act 1987
893 Section 23 (definition of continental shelf)
Repeal the definition.
Ombudsman Act 1976
894 Paragraph 29(1)(b)
Omit “office;”, substitute “office.”.
895 Subsection 29(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
896 At the end of subsection 29(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
897 Paragraph 29(1A)(b)
Omit “Deputy Ombudsman;”, substitute “Deputy Ombudsman.”.
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898 Subsection 29(1A)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
899 At the end of subsection 29(1A)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
900 Subsections 29(2), (4), (5), (6), (8) and (9)
Repeal the subsections.
Paid Parental Leave Act 2010
901 Section 6 (subparagraph (a)(i) of the definition of insolvent)
Omit “(within the meaning of the Corporations Act 2001)”.
Parliamentary Contributory Superannuation Act 1948
902 Paragraph 4B(4)(ba)
Omit “section 22B”, substitute “section 2E”.
Parliamentary Counsel Act 1970
903 At the end of subsections 15(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
904 Subsection 15(8)
Repeal the subsection.
Patents Act 1990
905 Section 7 (note 1)
Omit “section 25”, substitute “section 2B”.
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906 Schedule 1 (definition of Australian continental shelf)
Omit “, within the meaning of the Seas and Submerged Lands Act
1973,”.
907 Schedule 1 (note at the end of the definition of prior art base)
Omit “section 25”, substitute “section 2B”.
Payment Systems and Netting Act 1998
908 Section 5 (paragraph (b) of the definition of external administration)
Omit “within the meaning of the Corporations Act 2001”.
Petroleum Resource Rent Tax Assessment Act 1987
909 Subsection 2D(4) (definition of year)
Omit “calendar”.
910 Subsection 36B(5) (note)
Omit “section 17AA”, substitute “section 2B”.
Port Statistics Act 1977
911 Section 3 (definition of document)
Repeal the definition.
Primary Industries and Energy Research and Development
Act 1989
912 At the end of subsection 85(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
913 Subsections 85(2) and (3)
Repeal the subsections, substitute:
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(2) The appointment of a person under subsection (1) ceases to have
effect if the person resigns the appointment by writing delivered to
the Chairperson.
Primary Industries (Excise) Levies Act 1999
914 Subclause 5(6) of Schedule 21
Repeal the subclause.
Privacy Act 1988
915 Subsection 6C(1) (note at the end of the definition of organisation)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
916 Subsection 6E(1) (note 2)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
917 Subsection 6E(2) (note 2)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
918 Subsection 6E(3) (definition of modifications)
Repeal the definition.
Note: The heading to subsection 6E(3) is replaced by the heading “Definition”.
919 Subsection 6F(1) (note 2)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
920 Subsection 6F(2)
Repeal the subsection.
921 Subsection 7A(5)
Repeal the subsection.
922 Subsection 80G(1) (definition of Australian citizen)
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Repeal the definition.
Private Health Insurance Act 2007
923 Subsection 34-25(3)
Omit “*Australian citizen”, substitute “Australian citizen”.
924 Subparagraph 37-5(aa)(i)
Omit “*Australian citizen”, substitute “Australian citizen”.
925 Subsection 253-10(1)
Omit “(1)”.
926 At the end of subsection 253-10(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
927 Subsection 253-10(2)
Repeal the subsection.
928 Subsection 270-10(1)
Omit “(1)”.
929 Paragraph 270-10(1)(b)
Omit “office;”, substitute “office.”.
930 Subsection 270-10(1)
Omit “but a person appointed to act during a vacancy must not continue
to act for more than 12 months.”.
931 At the end of subsection 270-10(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
932 Subsection 270-10(2)
Repeal the subsection.
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933 Clause 1 of Schedule 1 (definition of Australian citizen)
Repeal the definition.
Productivity Commission Act 1998
934 At the end of subsection 32(1)
Add:
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
935 At the end of subsections 32(2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
936 Subsection 32(4)
Repeal the subsection.
Protection of Movable Cultural Heritage Act 1986
937 Subsection 3(1) (definition of continental shelf)
Repeal the definition.
938 Subsection 3(1) (definition of territorial sea)
Repeal the definition.
Protection of the Sea (Civil Liability for Bunker Oil Pollution
Damage) Act 2008
939 Section 3 (definition of exclusive economic zone)
Repeal the definition.
Protection of the Sea (Harmful Anti-fouling Systems) Act
2006
940 Section 3 (definition of Australian shipping facility)
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Omit “(within the meaning of the Seas and Submerged Lands Act
1973)”.
Protection of the Sea (Powers of Intervention) Act 1981
941 Subsection 3(1) (definition of exclusive economic zone)
Repeal the definition.
942 Subsection 3(1) (definition of territorial sea)
Repeal the definition.
943 Subsection 10(8) (definition of continental shelf)
Repeal the definition.
Public Lending Right Act 1985
944 Subsection 13(1)
Omit “(1)”.
945 Paragraph 13(1)(b)
Omit “Chairperson;”, substitute “Chairperson.”.
946 Subsection 13(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
947 At the end of subsection 13(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
948 Subsections 13(2) to (7)
Repeal the subsections.
949 Paragraph 14(1)(b)
Omit “member;”, substitute “member.”.
950 Subsection 14(1)
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Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
951 At the end of subsection 14(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
952 Subsections 14(2) to (7)
Repeal the subsections.
Public Service Act 1999
953 Subsection 48(1)
Omit “(1)”.
954 At the end of subsection 48(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
955 Subsection 48(2)
Repeal the subsection.
956 Subsection 55(1)
Omit “(1)”.
957 At the end of subsection 55(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
958 Subsection 55(2)
Repeal the subsection.
959 Subsection 62(1)
Omit “(1)”.
960 At the end of subsection 62(1)
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Schedule 2 Consequential amendments
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
961 Subsection 62(2)
Repeal the subsection.
962 Subsection 69(1)
Omit “(1)”.
963 At the end of subsection 69(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
964 Subsection 69(2)
Repeal the subsection.
Qantas Sale Act 1992
965 Subsection 7(7) (definition of Australian citizen)
Repeal the definition.
Quarantine Act 1908
966 Subsection 5(1) (definition of Continental Shelf)
Repeal the definition.
967 Subsection 6(3) (note)
Omit “paragraph 17(a)”, substitute “section 2B”.
Racial Discrimination Act 1975
968 At the end of subsection 36(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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969 Subsection 36(6)
Repeal the subsection.
Radiocommunications Act 1992
970 Subsection 118PD(1) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
971 Section 118QA (definition of business day)
Repeal the definition.
972 Paragraphs 163(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
Referendum (Machinery Provisions) Act 1984
973 At the end of subsection 5(2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
974 Subsections 5(3) to (5)
Repeal the subsections.
975 Subsection 78(2)
Omit “6 o’clock in the afternoon by standard time”, substitute “6 pm”.
Registration of Deaths Abroad Act 1984
976 Subsection 6(1)
Omit “(1)”.
977 Paragraph 6(1)(b)
Omit “office;”, substitute “office.”.
978 Subsection 6(1)
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Schedule 2 Consequential amendments
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
979 At the end of subsection 6(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
980 Subsections 6(2) to (7)
Repeal the subsections.
Remuneration Tribunal Act 1973
981 Subsection 3(1) (definition of President)
Omit “subsection 4A(1)”, substitute “section 4A”.
982 Subsection 4A(1)
Omit “(1)”.
983 Paragraph 4A(1)(b)
Omit “office;”, substitute “office.”.
984 Subsection 4A(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
985 At the end of subsection 4A(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
986 Subsections 4A(2) to (6)
Repeal the subsections.
Renewable Energy (Electricity) Act 2000
987 Subsection 5(1) (definition of document)
Repeal the definition.
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988 At the end of subsection 148(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
989 Subsection 148(2)
Repeal the subsection.
990 Subsection 148(3) (note)
Repeal the note.
Reserve Bank Act 1959
991 Subsection 6A(1)
Omit “(1)”.
992 Subsection 6A(1)
Omit “, other than subsection (2) of this section,”.
993 Subsection 6A(2)
Repeal the subsection.
Retirement Savings Accounts Act 1997
994 Paragraph 20(2)(a)
Omit “section 22B”, substitute “section 2E”.
Rural Adjustment Act 1992
995 At the end of subsections 15(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
996 Subsections 15(3) and (5)
Repeal the subsections.
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Schedule 2 Consequential amendments
Safety, Rehabilitation and Compensation Act 1988
997 At the end of subsection 79(1)
Add:
Note: For rules that apply to persons acting as the Chief Executive Officer, see section 33A of the Acts Interpretation Act 1901.
998 Subsection 79(3)
Repeal the subsection.
999 Paragraph 79(4)(b)
Omit “office;”, substitute “office.”.
1000 Subsection 79(4)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
1001 At the end of subsection 79(4)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1002 Subsection 79(5)
Repeal the subsection.
1003 Subsection 89J(1)
Omit “(1)”.
1004 At the end of subsection 89J(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1005 Subsection 89J(2)
Repeal the subsection.
1006 Subsections 89R(2) and (3)
Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.
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Safe Work Australia Act 2008
1007 Subsection 11(1) (note)
Repeal the note, substitute:
Note: The Chair may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1008 Subsection 12(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1009 Subsection 12(3)
Repeal the subsection.
1010 Section 13 (note)
Repeal the note, substitute:
Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1011 Subsection 14(1) (note)
Repeal the note, substitute:
Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1012 Subsection 15(1) (note)
Repeal the note, substitute:
Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1013 Subsection 16(1) (note)
Repeal the note, substitute:
Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1014 Subsection 17(2) (note)
Repeal the note, substitute:
Note: The voting member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
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1015 Subsection 50(1) (note)
Repeal the note.
1016 Subsection 50(3) (note)
Repeal the note, substitute:
Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1017 Subsection 51(1)
Omit “(1)”.
Note: The heading to subsection 51(1) is deleted.
1018 Subsection 51(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1019 Subsection 51(2)
Repeal the subsection.
Science and Industry Research Act 1949
1020 Subsection 10G(1)
Omit “(1)”.
1021 At the end of subsection 10G(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1022 Subsections 10G(2) to (8)
Repeal the subsections.
Screen Australia Act 2008
1023 At the end of subsection 12(1)
Add:
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Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
1024 Subsections 12(2) and (3)
Repeal the subsections.
1025 At the end of subsections 12(4) and (5)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1026 Subsection 12(6)
Repeal the subsection.
1027 Subsection 23(1)
Omit “(1)”.
1028 At the end of subsection 23(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1029 Subsection 23(2)
Repeal the subsection.
Seafarers Rehabilitation and Compensation Act 1992
1030 Subsection 113(1)
Omit “(1)”.
1031 At the end of subsection 113(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1032 Subsection 113(2)
Repeal the subsection.
1033 Subsection 125(5)
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Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.
Sex Discrimination Act 1984
1034 Subsection 4(1) (definition of document)
Repeal the definition.
1035 Subsection 103(1)
Omit “(1)”.
1036 At the end of subsection 103(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1037 Subsection 103(7)
Repeal the subsection.
Shipping Registration Act 1981
1038 Subsection 51(1)
Omit “(1)”.
1039 Paragraph 51(1)(b)
Omit “office;”, substitute “office.”.
1040 Subsection 51(1)
Omit “and may at any time terminate such an appointment.”.
1041 At the end of subsection 51(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1042 Subsections 51(2) to (5)
Repeal the subsections.
1043 Subsection 83(4)
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Repeal the subsection.
Skills Australia Act 2008
1044 Section 10 (note)
Repeal the note, substitute:
Note: The member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1045 At the end of subsection 11(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1046 Subsection 11(2) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1047 Subsection 11(3)
Repeal the subsection.
1048 Subsection 25(3) (note)
Repeal the note, substitute:
Note: A member of a committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Small Superannuation Accounts Act 1995
1049 Section 4 (paragraph (a) of the definition of spouse)
Omit “section 22B”, substitute “section 2E”.
Snowy Hydro Corporatisation Act 1997
1050 Subsection 52(3)
Repeal the subsection.
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Schedule 2 Consequential amendments
Social Security Act 1991
1051 Subparagraph 4(2)(aa)(i)
Omit “section 22B”, substitute “section 2E”.
1052 Subsection 10B(2) (definition of insolvent under administration)
Repeal the definition.
1053 Paragraph 24(1A)(a)
Omit “section 22B”, substitute “section 2E”.
1054 Subparagraphs 1067C(1)(aa)(i) and (2)(aa)(i)
Omit “section 22B”, substitute “section 2E”.
Social Security (Administration) Act 1999
1055 At the end of subclauses 6(1) and (2) of Schedule 3
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1056 At the end of subclauses 7(1) and (2) of Schedule 3
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1057 Subclause 9(1) of Schedule 3
Omit “(1)”.
1058 Subclause 9(2) of Schedule 3
Repeal the subclause.
Spam Act 2003
1059 Section 4 (note at the end of the definition of organisation)
Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.
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Special Broadcasting Service Act 1991
1060 At the end of subsection 24(1)
Add:
Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
1061 At the end of subsections 24(2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1062 Subsection 24(6)
Repeal the subsection.
1063 Paragraph 33(1)(b)
Omit “office;”, substitute “office.”.
1064 Subsection 33(1)
Omit “but a person appointed to act during a vacancy must not continue
so to act for more than 12 months.”.
1065 At the end of subsection 33(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1066 Subsection 33(4)
Repeal the subsection.
Special Prosecutors Act 1982
1067 Subsection 16(1)
Omit “(1)”.
1068 At the end of subsection 16(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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1069 Subsections 16(2) to (5)
Repeal the subsections.
Student Assistance Act 1973
1070 Subsection 343(1) (note)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
1071 Subsection 344(1) (note)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
1072 Subsection 345(1) (note)
Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.
Submarine Cables and Pipelines Protection Act 1963
1073 Subsection 5(2) (definition of exclusive economic zone)
Repeal the definition.
Superannuation Act 1976
1074 Paragraph 8A(4)(ba)
Omit “section 22B”, substitute “section 2E”.
1075 Subsection 24(1)
Omit “(1)”.
1076 Paragraph 24(1)(b)
Omit “Commissioner;”, substitute “Commissioner.”.
1077 Subsection 24(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
1078 At the end of subsection 24(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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1079 Subsections 24(2) to (7)
Repeal the subsections.
1080 Subsection 27Q(4)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
1081 Subsection 27Q(5)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
Superannuation Act 1990
1082 Subsection 28A(3)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
1083 Subsection 28A(4)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
Superannuation Act 2005
1084 Subsection 4(1) (definition of modifications)
Repeal the definition.
1085 Subsection 28(5)
Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.
1086 Subsection 28(6)
Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.
Superannuation (Government Co-contribution for Low
Income Earners) Act 2003
1087 Subsection 54(3) (paragraph (a) of the definition of spouse)
Omit “section 22B”, substitute “section 2E”.
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Schedule 2 Consequential amendments
Superannuation Guarantee (Administration) Act 1992
1088 Subsection 5(5) (definition of modifications)
Repeal the definition.
1089 Subsection 6(1) (definition of month)
Repeal the definition.
1090 Subsection 27(2)
Omit “month”, substitute “calendar month”.
Superannuation Industry (Supervision) Act 1993
1091 Subsection 10(1) (definition of business day)
Repeal the definition.
1092 Subsection 10(1) (paragraph (a) of the definition of spouse)
Omit “section 22B”, substitute “section 2E”.
1093 Subsection 15B(3)
Repeal the subsection.
1094 Paragraph 129(3)(c) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1095 Subsection 129(3AA)
Repeal the subsection.
Superannuation (Resolution of Complaints) Act 1993
1096 Subsection 4B(4) (definition of modifications)
Repeal the definition.
1097 At the end of subsections 54(1), (1A), (2) and (2A)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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1098 Subsection 54(3)
Repeal the subsection.
Surveillance Devices Act 2004
1099 Subsection 41(1) (definition of contiguous zone)
Repeal the definition.
1100 Subsection 41(1) (definition of territorial sea)
Repeal the definition.
1101 Subsection 44(1) (subparagraph (d)(iii) of the definition of protected information)
Omit “(within the meaning of section 41)”.
Sydney Harbour Federation Trust Act 2001
1102 Subsection 14(1)
Omit “(1)”.
1103 At the end of subsection 14(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1104 Subsection 14(2)
Repeal the subsection.
1105 At the end of subsections 42(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1106 Subsection 42(3)
Repeal the subsection.
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Tax Agent Services Act 2009
1107 Section 60-30 (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
1108 After section 80-1
Insert:
80-2 What does not form part of this Act
Tables of Subdivisions and tables of sections do not form part of
this Act.
Taxation Administration Act 1953
1109 At the end of subsections 6B(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1110 Subsections 6B(3) to (5) and (8) to (10)
Repeal the subsections.
1111 Subsection 850-100(5) in Schedule 1 (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Tax Laws Amendment (2009 Measures No. 6) Act 2010
1112 Item 26 of Schedule 2 (heading)
Omit “section 8”, substitute “section 7”.
1113 Item 26 of Schedule 2
Omit “section 8”, substitute “section 7”.
Telecommunications Act 1997
1114 Subsection 11(5) (definition of continental shelf)
Repeal the definition.
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1115 Subsection 87(4) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1116 Subsection 95(1) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1117 Subsection 96(1) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1118 Paragraph 377(1)(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1119 Paragraphs 378(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1120 Paragraph 381(1)(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1121 Paragraphs 382(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1122 Paragraph 385(1)(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1123 Paragraphs 386(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1124 Paragraphs 405(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
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Schedule 2 Consequential amendments
1125 Paragraphs 422(2)(a) and (b)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1126 Subsection 531C(1) (note)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1127 Section 531M (note 1)
Omit “section 17AA”, substitute “section 2B”.
1128 Subsection 531N(4) (note)
Omit “section 17AA”, substitute “section 2B”.
1129 Clause 31 of Schedule 1 (definition of business day)
Repeal the definition.
1130 Clause 2 of Schedule 3 (definition of business day)
Repeal the definition.
1131 Subclause 6(3) of Schedule 3 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1132 Subclause 27(8) of Schedule 3 (note)
Omit “section 46”, substitute “subsection 33(3AB)”.
1133 Subclauses 44(4) and (5) of Schedule 3 (note)
Omit “section 46 of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1134 Subclause 46(1) of Schedule 3 (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1135 Subclause 2(1) of Schedule 3A (definition of continental shelf)
Repeal the definition.
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1136 Subclause 2(1) of Schedule 3A (definition of exclusive economic zone)
Repeal the definition.
Telecommunications (Consumer Protection and Service
Standards) Act 1999
1137 Subsection 158V(1)
Omit “(1)”.
1138 At the end of subsection 158V(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1139 Subsection 158V(2)
Repeal the subsection.
Telecommunications (Interception and Access) Act 1979
1140 Subsection 203(1) (note 2)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
Telecommunications (Numbering Charges) Act 1997
1141 Subsection 15(2) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
1142 Subsection 22(3) (note)
Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute
“subsection 13(3) of the Legislative Instruments Act 2003”.
Terrorism Insurance Act 2003
1143 Section 3 (note at the end of the definition of Australia)
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Omit “paragraph 17(a) of the Acts Interpretation Act 1901 (which”,
substitute “section 2B of the Acts Interpretation Act 1901 (which
provides that in any Act Australia”.
1144 Subsection 14(1)
Omit “(1)”.
1145 At the end of subsection 14(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1146 Subsection 14(2)
Repeal the subsection.
1147 At the end of subsections 27(1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1148 Subsection 27(3)
Repeal the subsection.
Textile, Clothing and Footwear Investment and Innovation
Programs Act 1999
1149 Section 4 (definition of business day)
Repeal the definition.
Therapeutic Goods Act 1989
1150 Subparagraph 10(2)(a)(vii)
Omit “the Standards Australia International Limited”, substitute
“Standards Australia”.
1151 Subsection 32CB(1) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1152 Subsection 32CD(1) (note)
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Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1153 Subsection 38(2B) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1154 Subsection 40B(4) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1155 Paragraph 41CC(2)(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
1156 Paragraph 41DD(2)(a)
Omit “Standards Australia International Limited”, substitute “Standards
Australia”.
Tourism Australia Act 2004
1157 Subsection 16(1) (note)
Repeal the note, substitute:
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
1158 At the end of subsections 16(2) and (3)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1159 Subsection 16(4)
Repeal the subsection.
1160 Subsection 47(1)
Omit “(1)”.
1161 Subsection 47(1) (note)
Repeal the note, substitute:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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1162 Subsection 47(2)
Repeal the subsection.
Trade Marks Act 1995
1163 Section 6A (note)
Repeal the note, substitute:
Note: For example, a period of 3 months from an event on 30 September ends on 30 December under this rule.
1164 Subsection 215(7) (note)
Omit “Section 28A”, substitute “Subsection 28A(1)”.
Transport Safety Investigation Act 2003
1165 Subsection 13A(2) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
1166 At the end of subsection 13AH(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1167 Subsection 13AH(3)
Repeal the subsection.
1168 Subsection 63B(3) (note)
Omit “section 17AA”, substitute “section 2B”.
1169 Subsection 63C(2) (note)
Omit “section 17AA”, substitute “section 2B”.
Veterans’ Entitlements Act 1986
1170 Subparagraph 5E(2)(aa)(i)
Omit “section 22B”, substitute “section 2E”.
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War Graves Act 1980
1171 Subsection 10(1)
Omit “(1)”.
1172 Paragraph 10(1)(b)
Omit “office;”, substitute “office.”.
1173 Subsection 10(1)
Omit “but a person appointed to act during a vacancy shall not continue
so to act for more than 12 months.”.
1174 At the end of subsection 10(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1175 Subsections 10(2) to (7)
Repeal the subsections.
Water Act 2007
1176 Subsection 178(1) (note)
Repeal the note, substitute:
Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1177 Subsection 179(2) (note)
Repeal the note, substitute:
Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1178 At the end of subsections 180(1A), (1) and (2)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1179 Subsection 180(5)
Repeal the subsection.
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1180 Subsection 201A(1) (note)
Repeal the note, substitute:
Note: The Chair of the Basin Officials Committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1181 At the end of subsection 201B(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1182 Subsection 201B(5)
Repeal the subsection.
1183 Subsection 204(1) (note)
Repeal the note, substitute:
Note: An appointee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Wheat Export Marketing Act 2008
1184 Section 5 (definition of business day)
Repeal the definition.
1185 Subsection 32(1) (note 1)
Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.
1186 Subsection 41(1) (note)
Omit “subsection 33(4A)”, substitute “section 33AA”.
1187 Section 42 (note)
Repeal the note, substitute:
Note: A WEA member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
1188 At the end of subsection 43(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
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1189 Subsection 43(3)
Repeal the subsection.
1190 Subsection 57(1) (note)
Omit “section 17AA”, substitute “section 2B”.
Wine Australia Corporation Act 1980
1191 Subsection 29J(1)
Omit “(1)”.
1192 Paragraph 29J(1)(b)
Omit “Presiding Member;”, substitute “Presiding Member.”.
1193 Subsection 29J(1)
Omit “but a person appointed to act during a vacancy shall not continue
to act for more than 12 months.”.
1194 At the end of subsection 29J(1)
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1195 Subsections 29J(2) to (8)
Repeal the subsections.
1196 Subclause 3(1) of the Schedule
Omit “(1)”.
1197 At the end of subclause 3(1) of the Schedule
Add:
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
1198 Subclause 3(2) of the Schedule
Repeal the subclause.
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Schedule 3 Application, saving and transitional provisions
Schedule 3—Application, saving and transitional provisions
1 Application—general
Subject to this Schedule, the amendments and repeals made by
Schedule 1 apply, on and after the commencement of Schedule 1, in
relation to Acts enacted before, on or after that commencement.
2 Transitional—Gazette
The reference to the Commonwealth of Australia Gazette in the
definition of Gazette in section 2B of the Acts Interpretation Act 1901
includes a reference to the Australian Government Gazette published
during the period commencing on 1 July 1973 and ending immediately
before 1 July 1977.
3 Application and saving—commencement
(1) The amendments made by items 8 and 10 of Schedule 1 apply in
relation to Acts receiving the Royal Assent on or after the
commencement of those items.
(2) The amendment made by item 9 of Schedule 1 does not affect the
validity of the exercise of a power, or the validity of anything done, in
accordance with section 4 of the Acts Interpretation Act 1901 before the
commencement of that item.
4 Application—effect of repeal or amendment of Act
The amendment made by item 13 of Schedule 1 applies to repeals,
amendments, expiries, lapses, cessations, abrogations, limitations and
exclusions occurring on or after the commencement of that item.
5 Application—Acts applying in coastal sea
The amendment made by item 25 of Schedule 1 applies in relation to
Acts enacted before, on or after the commencement of that item.
6 Saving—Ministerial authorisations
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Despite the repeal of section 18C of the Acts Interpretation Act 1901
made by Schedule 1, that section, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to an authorisation in effect under that
section immediately before that repeal.
7 Saving—registered relationships
Despite the amendment made by item 48 of Schedule 1, regulations in
force for the purposes of section 22B of the Acts Interpretation Act
1901 immediately before the commencement of that item continue in
effect, after that commencement, as if they had been made for the
purposes of section 2E of that Act, as in force after that commencement.
8 Application—delegations
The amendment made by item 89 of Schedule 1 applies in relation to
alterations or additions that are made on or after the commencement of
that item (regardless of whether the delegation referred to in paragraph
34AB(2)(a) or (3)(a) of the Acts Interpretation Act 1901, as inserted by
this Act, is made before, on or after that commencement).
9 Saving—previous interpretation preserved
The amendments made by items 63, 65, 67, 69, 70, 71, 72, 80, 82, 84,
85, 87, 88, 90, 104, 111, 113, 114 and 115 of Schedule 1 do not affect
by implication the interpretation of:
(a) subsection 33(1), (2), (3), (3A) or (3B) or 46(1) or (3) or
section 34AA, 34AB or 34A of the Acts Interpretation Act
1901; or
(b) subsection 13(1) or (3) of the Legislative Instruments Act
2003;
at a time before the commencement of those items.
10 Saving—appointments
The amendments made by Schedule 2 do not affect the validity of an
appointment that was made under an Act before the commencement of
this item and that was in force immediately before that commencement.
11 Transitional regulations
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Schedule 3 Application, saving and transitional provisions
The Governor-General may make regulations prescribing matters of a
transitional nature (including prescribing any saving or application
provisions) relating to the amendments and repeals made by
Schedules 1 and 2.
[Minister’s second reading speech made in—
House of Representatives on 12 May 2011
Senate on 14 June 2011]
(79/11)
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