House of Representatives

Statute Law Revision Bill (No. 2) 2010

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Robert McClelland MP

Schedule 6-References to specific Departments

158 The items in this Schedule contain amendments relating to references to specific Departments in Acts.

Part 1

159 The items in this Part make amendments to a number of Acts to ensure that Departments of State (other than the Department of the Prime Minister and Cabinet, the Attorney-General's Department and the Treasury) are consistently mentioned by reference to the Minister administering identified legislation or a particular matter rather than by name.

160 There are currently a number of references to specific Departments in Commonwealth Acts (for example, the Department of Transport and Regional Development). Whenever a Department is abolished, or the title of a Department is changed under the Administrative Arrangements Order, the Governor-General needs to make an Order under section 19B or 19BA of the Acts Interpretation Act 1901 so that any now incorrect references to Departments can be read correctly. This means that users of Acts have to read the Acts in conjunction with these Orders.

161 For example, paragraph 130(7)(fa) of the Health Insurance Act 1973 refers to the "Department of Immigration and Ethnic Affairs". In 2007 the "Department of Immigration and Ethnic Affairs" was renamed the "Department of Immigration and Citizenship", so an Order was made by the Governor-General under section 19B of the Acts Interpretation Act 1901 in relation to the change of name. This means that to find the correct Department referred to in paragraph 130(7)(fa) of the Health Insurance Act 1973 , readers must refer to the relevant 2007 section 19B Order.

162 The Bill replaces the reference to the "Department of Immigration and Ethnic Affairs" with a generic reference to the "Immigration Department", and defines that term as "the Department administrated by the Minister administering the Migration Act 1958 ". Readers of the Health Insurance Act 1973 can then easily find the correct Department by referring to the current Administrative Arrangements Order.

Part 2

163 The items in this Part make amendments to a number of Acts to ensure that "Parliamentary Department" is defined consistently for Acts with an ongoing operation, and to update references to Parliamentary Departments that have been abolished or amalgamated.

Part 3

164 The items in this Part include provision for transitional, savings and application provisions to ensure that the amendments made by the Schedule do not result in any unintended consequences.


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