Explanatory Memorandum
(Circulated by the authority of the Attorney-General, the Honourable Robert McClelland MPSchedule 2-Amendment of amending Acts
129 The items in this Schedule relate to misdescribed or redundant amendments, or errors, contained in amending Acts.
Item 1
130 Item 104A of Schedule 1 to the Broadcasting Legislation Amendment (Digital Television) Act 2010 purports to amend paragraph 38(4A)(b) of Schedule 34 to the Broadcasting Services Act 1992 . However, the amendment was misdescribed as there is no Schedule 34 to the Broadcasting Services Act 1992 . This item corrects the misdescription so that the item heading of item 104A correctly refers to Schedule 4 to the Broadcasting Services Act 1992 .
Item 2
131 Item 182 of Schedule 1 to the Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 misdescribed text in the Proceeds of Crime Act 2002 that was to be omitted by that item. Instead of referring to "it may also be dealt with", item 182 referred to "it may be dealt with", so the misdescribed amendment could not be made. This item corrects the misdescription of text.
Item 3
132 This item is consequential on item 4.
Item 4
133 Items 94 to 110 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 purport to amend provisions of the Workplace Relations Act 1996 that refer to the Human Rights and Equal Opportunity Commission Act 1986 . However, the provisions of the Workplace Relations Act 1996 were repealed by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 before the purported amendments made by the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 commenced, and so the amending items in the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 are redundant. This item repeals the redundant amending items.
Item 5
134 Table item 11 of the commencement table in section 2 of the Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010 deals with the commencement of Part 2 of Schedule 6 to that Act. The Electoral and Referendum Amendment (Modernisation and Other Measures) Bill 2010 was amended when it was before the Parliament to remove Part 2 of Schedule 6 to that Bill, so table item 11 of the commencement table is redundant. This item repeals the redundant table item.
Item 6
135 Item 151 of Schedule 2 to the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 misdescribed text in the Commonwealth Electoral Act 1918 that was to be omitted by that item. Instead of referring to "notifies a person", item 151 referred to "notifies the person", so the misdescribed amendment could not be made. This item corrects the misdescription of text.
Item 7
136 This item is consequential on item 8.
Item 8
137 Items 9 and 10 of Schedule 3 to the Evidence Amendment Act 2008 purport to amend clause 5 of Schedule 2 to the Workplace Relations Act 1996 . However, that clause was repealed by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 before the purported amendments made by the Evidence Amendment Act 2008 commenced, and so the amending items in the Evidence Amendment Act 2008 are redundant. This item repeals the redundant amending items.
Item 9
138 Item 4 of Schedule 19 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 purports to omit and substitute text from section 179 of the Military Rehabilitation and Compensation Act 2004 . The text to be omitted occurs twice in section 179. Item 4 does not identify which occurrence is to be omitted and substituted. This item corrects the amending item in order to make certain the location of the text to be omitted and substituted.
Item 10
139 Subitem 20A(5) of Schedule 18 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 refers to the period mentioned in subsection (1). This item corrects that cross-reference to refer to subitem (1), instead of subsection (1).