Senate

Statute Law Revision Bill (No. 2) 2006

Explanatory Memorandum

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

Notes on clauses

Clause 1 - Short title

Clause 1 provides for the Act to be cited as the Statute Law Revision Act (No. 2) 2006 .

Clause 2 - Commencement

Clause 2 provides for the commencement of the Act. Subclause 2(1) provides that each provision of the Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

The items in Schedule 1 amend errors in principal Acts. Generally, the commencement of each item (other than items commencing on the day the legislation receives the Royal Assent) is tied to the commencement of the provision that created the error. The effect of this is that the error is taken to have been corrected immediately after it was made.

In order to be clear about the location of text in the Workplace Relations Act 1996 (WRA) that is to be amended by items in Schedule 1, the commencement of those items is tied to the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005 (Work Choices Act), which renumbered the WRA. The effect of this is that the error is taken to have been corrected immediately after that Act was renumbered.

The items in Schedule 2 mostly amend misdescriptions in amending Acts (there are a small number of items amending other errors in amending Acts). In order to correct a misdescription it is necessary to amend the amending Act (rather than the principal Act) and to treat the correction as having occurred immediately after the time specified in the amending Act for the commencement of the misdescribed item.

The items in Schedule 3 repeal obsolete Acts and make consequential amendments to Acts that refer to those Acts. These items are all to commence on the day on which this Act receives the Royal Assent.

The items in Schedule 4 repeal obsolete references to official managers and official management. These items are all to commence on the day on which this Act receives the Royal Assent.

The items in Schedule 5 remove occurrences of gender-specific language from the Customs Act 1901 and replace it with gender-neutral language. These items are all to commence on the day on which this Act receives the Royal Assent.

Clause 3 - Schedule(s)

Clause 3 provides for the Schedules to the Act. It also provides that the Acts specified in the Schedules to the Act are amended or repealed as set out in those Schedules.


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