Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams, AM QC MP)Schedule 1 - Amendment of Principal Acts
7. The items in Schedule 1 correct formal errors in Principal Acts that either existed at the time the Act was passed or have since been introduced into the Act by amending legislation. The kinds of errors being corrected in this Schedule are misspellings, punctuation errors, numbering errors and incorrect cross-references and other minor consequential changes.
8. None of the amendments proposed in the Schedule will alter the content of the law. The following paragraphs explain how some items that may appear to be altering the content of the law are not in fact doing so.
9. Item 2 omits the phrase regulations made for the purpose of from subsection 63-1A(1) of the Aged Care Act 1997 . That subsection was inserted by the Aged Care Amendment Act 2000 (Act No. 158 of 2000). As a result of Senate amendments to that subsection this phrase was made redundant.
10. Item 16 corrects an incorrect reference in paragraph 530(3)(k) of the Environment Protection and Biodiversity Conservation Act 1999 to the date and place of the Framework Convention on Climate Change.
11. Item 17 repeals subsection 523(3) of the Environment Protection and Biodiversity Conservation Act 1999 . Subsection 523(3) related only to subsection 523(2) of that Act, which was repealed by item 84M of Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment Act 2001 (Act No. 82 of 2001).
12. Item 22 amends paragraph 103(5)(d) of the National Health Act 1953 to omit a reference to section 104 of that Act. Section 104 was repealed by the Health Legislation (Powers of Investigation) Amendment Act 1994 (Act No. 85 of 1994), and the reference to it no longer has any operation.
13. Items 26 and 27 remove two references to Parliamentary Secretaries from the Public Service Act 1999 . This is because the Parliamentary Secretaries Act 1980 was repealed by item 1 of Schedule 2 to the Ministers of State and Other Legislation Amendment Act 2000 (Act No. 1 of 2000).