Senate

Statute Law Revision Bill 2005

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Philip Ruddock MP)

Schedule 2 - Amendment of Amending Acts

91. The items in Schedule 2 correct errors in amending legislation where the effect of the error has been to prevent the amendment from operating. An example of this kind of error is an amending provision as follows: "Section 3-Omit 'a person'", where section 3 does not contain the words "a person" but does contain the words "the person". An item in this Schedule would amend the provision above so that it would read: "Section 3-Omit 'the person'".

92. None of the amendments proposed in the Schedule are intended to alter the content of the law.

Item 1

93. Item 1 and item 2 deal with item 42 of Schedule 3 to the Aged Care (Consequential Provisions) Act 1997. This item (item 1) removes the reference to paragraph 1207(1)(d) in item 42 of Schedule 3 of the Aged Care (Consequential Provisions) Act 1997. Item 42 of Schedule 3 to the Act sought to amend paragraphs 1207(1)(c) and 1207(1)(d) of the Social Security Act 1991 in the same way. Differences in the wording of those two paragraphs meant different treatments were required. This item ensures that item 42 only deals with paragraph 1207(1)(c).

Item 2

94. Item 2 along with item 1 above, deal with item 42 of Schedule 3 to the Aged Care (Consequential Provisions) Act 1997. Item 42 of Schedule 3 to that Act sought to amend paragraphs 1207(1)(c) and 1207(1)(d) of the Social Security Act 1991 in the same way. Differences in the wording of those two paragraphs meant different treatments were required. This item inserts a new item 42A into Schedule 3 of the Aged Care (Consequential Provisions) Act 1997 to deal separately with paragraph 1207(1)(d) of the Social Security Act 1991.

Item 3

95. Item 3 inserts "of Part 2" after "Division 2" in the heading to item 22 of Schedule 1 of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2003 to make clear where the amendment to the Agricultural and Veterinary Chemicals Code Act 1994 made by item 22 is to be located.

Item 4

96. Item 4 repeals item 394 of Schedule 2 of the Audit (Transitional and Miscellaneous) Amendment Act 1997 , because item 394 purported to insert a note after a provision of the Australian National Railways Commission Act 1983 that was repealed by the Australian National Railways Commission Sales Act 1997.

Item 5

97. Item 5 removes references to particular subsections contained in the heading to item 398 of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 , as the subsections of the Australian National Railways Commission Act 1983 referred to in that heading were repealed by the Australian National Railways Commission Sales Act 1997.

Item 6

98. Item 6 removes references to particular paragraphs contained in the heading to item 398 of Schedule 2 of the Audit (Transitional and Miscellaneous) Amendment Act 1997 , because item 398 of Schedule 2 to the Act purported to amend paragraphs of the Australian National Railways Commission Act 1983 which were repealed by the Australian National Railways Commission Sales Act 1997.

Item 7

99. Item 7 corrects a misstatement by changing the reference from "Part 1D" to "Part ID" of the Crimes Act 1914 , in the heading to item 16 of Schedule 3 of the Australian Federal Police and Other Legislation Amendment Act 2004.

Item 8

100. Item 8 corrects a grammatical error in item 12 of Schedule 1 of the Australian Film Commission Amendment Act 2003 by changing "member of staff" to "member of the staff" in subsection 14(1) of the Australian Film Commission Act 1975.

Item 9

101. Item 9 removes a reference to paragraph 268(2)(d) in the heading to item 167 of Schedule 1 of the Bankruptcy Legislation Amendment Act 2004. Item 167 purported to omit and replace expressions used in various paragraphs, including paragraph 268(2)(d) in the Bankruptcy Act 1966. However, the expression did not exist in paragraph 268(2)(d).

Item 10

102. Item 10 corrects an error in the commencement provision of the Criminal Code Amendment (Espionage and Related Matters) Act 2002 set out in subsection 2(4). Subsection 2(4) inadvertently referred to item 6 of Schedule 2 of the Security Legislation Amendment (Terrorism) Act 2002 when it was intended that it refer to item 6 of Schedule 1 of that Act. There is no item 6 in Schedule 2 of that Act.

Item 11

103. Item 11 corrects an error in the commencement provision of the Criminal Code Amendment (Espionage and Related Matters) Act 2002 set out in subsection 2(5). Subsection 2(5) inadvertently referred to item 6 of Schedule 2 of the Security Legislation Amendment (Terrorism) Act 2002 when it was intended that it refer to item 6 of Schedule 1 of that Act. There is no item 6 in Schedule 2 of that Act.

Item 12

104. Item 12 corrects a misdescription in the heading to item 16 of Schedule 5 of the Financial Sector Legislation Amendment Act (No. 1) 2003 by changing "Part IIII" to "Part IIIA". The effect of item 12 will be to move section 35A of the Insurance Act 1973 to its correct position after section 35 of the Insurance Act 1973.

Item 13

105. Item 13 corrects a reference in the heading of item 334 of Schedule 1 of the Financial Services Reform Act 2001. That Act referred to subsection 170(3) of the Corporations Act 2001 when the substance of the amendment makes it clear that subsection 170(3B) of the latter Act had been the subsection intended to be amended.

Item 14

106. Item 14 corrects the wording in item 57 of Schedule 1 to the Financial Services Reform (Consequential Provisions) Act 2001. Item 57 of Schedule 1 of the Act purported to omit references to "her or she" in subparagraphs 12DK(2)(b)(i) and (ii) of the Australian Securities and Investments Commission Act 2001 and to substitute other words, however, "her or she" did not appear in the subparagraphs.

Item 15

107. Item 15 corrects the wording in the heading to item 126 of Schedule 1 of the Financial Services Reform (Consequential Provisions) Act 2001. Item 126 of Schedule 1 of the Act purported to replace a reference to "section 12GE" in paragraph 12HB(1)(a) of the Australian Securities and Investments Commission Act 2001 with references to other sections, however, "section 12GE" does not appear in paragraph 12HB(1)(a) but in paragraph 12HB(1)(b).

Item 16

108. Item 16 corrects the wording of item 7 of Schedule 2 of the Financial Services Reform (Consequential Provisions) Act 2002. Item 7 of Schedule 2 of that Act purported to omit an expression from subsection 1043J(1) of the Corporations Act 2001 and to substitute another expression but did not accurately represent the expression it was proposed to omit.

Item 17

109. Item 17 corrects the wording of item 9 of Schedule 2 of the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004. Item 9 of Schedule 2 of that Act purported to omit a phrase from paragraph 84(1)(e) of the Fisheries Management Act 1991 and to substitute another phrase in its place but it did not accurately represent the phrase it was proposed to omit.

Item 18

110. Item 18 corrects item 9 of Schedule 2 to the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004. The effect of this item is to remove the duplication of a comma which would have been placed into paragraph 84(1)(e) of the Fisheries Management Act 1991.

Item 19

111. Item 19 corrects the wording of item 41B of Schedule 1 of the General Insurance Reform Act 2001. Item 41B of Schedule 1 of that Act purported to omit an expression from subsection 55(1) of the Insurance Act 1973 and to substitute another expression but did not accurately represent the expression it was proposed to omit.

Item 20

112. Item 20 repeals and remakes item 6 of Schedule 4 of the Hearing Services and AGHS Reform Act 1997. Item 6 of Schedule 4 of that Act purported to insert words after the words "other than" in paragraph 7(1)(a) of the Privacy Act 1988. The words "other than" is used twice in paragraph 7(1)(a) of the Privacy Act 1988. This item remakes the amending item so that the location of the amendment becomes certain.

Item 21

113. Item 21 amends subsection 2(4) of the commencement provision to the Jurisdiction of Courts Legislation Amendment Act 2000. That subsection provided that Schedule 3 to that Act commenced at the same time as "the items of Schedule 4" to the Corporate Law Economic Reform Program Act 1999. Since parts of Schedule 4 to the latter Act commenced on different days, it has been necessary to be more precise to make the commencement effective.

Item 22

114. Item 22 corrects a reference to a point in the note to item 95 of Schedule 3 to the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004. The note to item 95 to Schedule 3 of that Act purported to refer to the heading to point 1069-D9 in Module D in Part 3.6 of the Social Security Act 1991 by reference to a particular word in that heading, however, that word did not appear in the heading to point 1069-D9 and it was intended that the note refer to the heading of point 1068-D9.

Item 23

115. Item 23 corrects the wording of item 114 of Schedule 5 of the Social Security and Veterans' Affairs Legislation Amendment Act 1995. Item 114 of Schedule 5 of that Act purported to omit an expression from paragraph 660YCI(a) of the Social Security Act 1991 but did not accurately represent the expression it was proposed to omit.

Item 24

116. Item 24 corrects the wording of the heading to item 138 of Schedule 1 of the Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000. The heading to item 138 of Schedule 1 to that Act referred to a note to paragraph 7(2)(a) of the Social Security Act 1991, however, there was no note to paragraph 7(2)(a) and it was intended to refer to the note to paragraph 7(2)(b). This item corrects the misdescription.

Item 25

117. Item 25 amends the heading to item 23 of Schedule 1 of the Social Security and Veterans' Entitlements Legislation Amendment (Private Trusts and Private Companies - Integrity of Means Testing) Act 2000. The heading to item 23 of Schedule 1 to that Act referred to inserting Part 3.18 of the Social Security Act 1991 after Part 3.16A of that Act. This item relocates Part 3.18 so that it correctly appears before Part 3.19 of the Social Security Act 1991 instead of before Part 3.16B.

Item 26

118. Item 26 corrects the heading to item 27 of Schedule 5 of the Social Security Legislation Amendment (Budget and Other Measures) Act 1996. The heading to item 27 of Schedule 5 to that Act referred to deleting a definition in subsection 23(1) of the Social Security Act 1991 that does not exist. This item corrects the wording of the heading so that the correct definition is repealed.

Item 27

119. Item 27 amends subsection 2(4) of the commencement provision to the Social Security Legislation Amendment (Further Budget and Other Measures) Act 1996. That subsection provided that Schedule 4 of that Act commences on 20 September 1997 immediately after the commencement of Part 3 of Schedule 24 to the Social Security Legislation Amendment (Budget and Other Measures) Act 1996. There is no Schedule 24 to the latter Act and the reference is therefore altered to Part 3 of Schedule 21 to correct the commencement provision.

Item 28

120. Item 28 corrects the heading to item 41 of Schedule 9 of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, because the heading to item 41 referred to a particular paragraph of the Social Security Act 1991 that does not exist.

Item 29

121. Item 29 corrects item 169 of Schedule 9 of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998. Item 169 of Schedule 9 of that Act purported to omit an expression in paragraphs 686(2)(b) and 771HI(2)(b) but did not accurately represent the expression it was proposed to omit.

Item 30

122. Item 30 corrects the heading to item 14 of Schedule 1 to the Statute Law Revision Act 2002. Item 14 of Schedule 1 to that Act referred to omitting and replacing certain words from Additional Note (1)(b) and Additional Note (1)(c) in section XI of Schedule 3 of the Customs Tariff Act 1995. This item and item 31 splits item 14 of Schedule 1 of the Statute Law Revision Act 2002 into two amendments as slightly different wording was required for each Additional Note.

Item 31

123. Item 31 inserts a new item 14A into Schedule 1 of the Statute Law Revision Act 2002. Item 14 of Schedule 1 of that Act referred to omitting certain wording from Additional Note (1)(b) and Additional Note (1)(c) in section XI of Schedule 3 of the Customs Tariff Act 1995. This item and item 30 splits item 14 of Schedule 1 of the Statute Law Revision Act 2002 into two amendments as slightly different wording was required for each Additional Note.

Item 32

124. Item 32 corrects the heading to item 96 of Schedule 1 of the Veterans' Affairs Legislation Amendment Act (No. 1) 2002. Item 96 of Schedule 1 of that Act referred to repealing a particular note from point 1068-G1 in Module G to Part 3.6 of the Social Security Act 1991. Point 1068-GI contained two notes (note 1 and note 2) and this item fixes the incorrect cross-reference to make clear that note 1 is to be repealed.


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