Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Schedule 2 - Amendment of amending Acts
The items in Schedule 2 mostly amend misdescriptions in amending Acts (there are a small number of items amending other errors in amending Acts).
Item 82 of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997 misdescribed text in the Aboriginal Councils and Associations Act 1976 that was to be omitted and substituted by that item. Instead of referring to "and the examiner's report", item 82 referred to "and examiner's report". Item 1 corrects that misdescription of text.
Items 5, 7 and 9 of the commencement table in section 2 of the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 refer to the commencement of the Postal Industry Ombudsman Act 2005 . At the time the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 was enacted, the Postal Industry Ombudsman Bill 2005 was still before the Parliament. However, the Postal Industry Ombudsman Act 2006 was not enacted until 2006. Items 2 to 4 amend table items 5, 7 and 9 of the commencement table in section 2 of the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 so that they refer to the " Postal Industry Ombudsman Act 2006 ".
Item 3 of Schedule 3 to the Child Support Legislation Amendment (Reform of the Child Support Scheme-Initial Measures) Act 2006 misdescribed text in the Child Support (Assessment) Act 1989 that was to be omitted and substituted by that item. Item 3 is no longer required since item 8 of this Bill will give effect to the correction that item 3 sought to make. Item 3 is consequently repealed.
Before the commencement of item 135 of Schedule 1 to the Customs Tariff Amendment Act (No. 5) 2001 , the last paragraph in Note 4 to Chapter 30 of Schedule 3 to the Customs Tariff Act 1995 was headed "(h)". Item 35 repealed paragraph (g) and substituted paragraphs (g), (h), (ij) and (k) but left the existing paragraph (h). Consequently, there are now two paragraphs headed"(h)". Item 6 repeals and substitutes item 135 to ensure that the original paragraph (h) is repealed.
Item 7 of Schedule 19 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 purported to insert text in Module C after point 1068-B4 of the Social Security Act 1991 . Point 1068-B4 is in fact in Module B and there is no Module C. Item 7 makes certain the location of the text to be inserted by omitting the reference to Module C and replacing it with a reference to Module B.
Items 38 and 39 of Schedule 8 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 misdescribed certain cross-references in the Child Support (Assessment) Act 1989 that were to be omitted and substituted by those items. Item 8 repeals and substitutes those items so that the location of the amendments becomes clear and to ensure that the correct cross-references are inserted.
Items 1 and 3 of Schedule 9 to the Family Law Amendment (Shared Parental Responsibility) Act 2006 were misdescribed. They should say "substitute" rather than "subsection". Item 9 repeals those items because items 1 and 3 of Schedule 12 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 carry out the amendments that those items were to have effected.
Item 79 of Schedule 1 to the Maritime Transport Security Amendment Act 2005 purports to insert the word "facility" after the second occurrence of "ship," in section 26 of the Maritime Transport and Offshore Facilities Security Act 2003 . However, there is only one occurrence of the word "ship" followed by a comma in that section. Item 10 amends item 79 to make it clear that "facility" is to be inserted after that occurrence of "ship,".
Item 3 of Schedule 2 to the Occupational Health and Safety (Commonwealth Employment) Amendment Act 2006 (2006 Act) purports to repeal items 89 to 132 of Schedule 1 to the Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 (2001 Act). It had been intended only to repeal the items in that Act that amended the Occupational Health and Safety (Commonwealth Employment) Amendment Act 2001 , which were items 89 to 97 of Schedule 1. The last item in that series (item 97) repeals and substitutes items 131 and 132 of Schedule 1 to the 2001 Act. In drafting the 2006 Act, substitute item 132 was mistaken for the last amending item amending the 2001 Act. Item 11 therefore repeals and substitutes the heading to item 3 of Schedule 2 to the 2006 Act, so that the last item to be repealed is item 97, rather than item 132, of the 2001 Act.
Subsection 12(3) of the Protection of the Sea Legislation Amendment Act 1986 purported to amend section 394 of the Navigation Act 1912 . Section 14 of the Protection of the Sea Legislation Amendment Act 1986 purported to amend section 424B of the Navigation Act 1912 . These amending provisions were to commence on a date to be fixed by proclamation. However, sections 394 and 424B of the Navigation Act 1912 were repealed by sections 5 and 7 of the Transport Legislation Amendment Act 1988 before the amending provisions could be proclaimed. Subsection 12(3) and section 14 are therefore redundant and are repealed by items 12 and 13.
The commencement of item 20 of Schedule 1 to the Statute Law Revision Act 2006 is dealt with by table item 12 of the commencement table in section 2 of that Act. Table item 35 is supposed to deal with the commencement of item 20 of Schedule 2 to that Act, but it incorrectly refers to item 20 of Schedule 1 . Item 14 corrects this error.
Item 92 of Schedule 1 to the Telecommunications (Interception) Amendment Act 2006 (the amending Act) repealed the heading to Part VI of the Telecommunications (Interception and Access) Act 1979 (the principal Act) and substituted a heading to Part 2-5 of the principal Act. That item commenced on 13 June 2006. Item 2 of Schedule 5 to the amending Act purports to repeal Division 1 of Part VI of the principal Act. Because item 92 of Schedule 1 to the amending Act commenced before item 2, the heading for item 2 is now misdescribed. Item 15 amends the heading to item 2 of Schedule 5 to the amending Act to ensure that Division 1 of Part 2-5 of the principal Act is repealed.
Paragraph (a) of item 50 of Part H of Schedule 1 to the Transport Legislation Amendment Act 1995 misdescribed text in subsection 329B(1) of the Navigation Act 1912 that was to be omitted and substituted by that paragraph. Instead of referring to "sections 321, 323 and 324" paragraph (a) refers to "sections 321, 322 , 323 and 324". Item 16 corrects that misdescription of text by omitting the reference to "322,".
Item 187 of Schedule 1 to the Work Choices Act misdescribed text in paragraph 179A(1)(a) of the WRA (since renumbered as paragraph 722(1)(a)) that was to be omitted and substituted by that item. Instead of referring to "court" item 187 refers to " a court". Item 17 corrects that misdescription of text.
Item 24 of Schedule 4 to the Work Choices Act contains a transitional provision for organisations registered under Schedule 1B to the WRA before the commencement of Schedule 1 to the Work Choices Act. Item 24 refers to "Schedule 1B to the amended Act". Schedule 1B was renumbered as Schedule 1 on the commencement of Schedule 5 to the Work Choices Act. Item 18 corrects item 24 so it refers to Schedule 1 rather than Schedule 1B.