House of Representatives

Statute Law Revision Bill (No. 1) 2014

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)

Schedule 2 - Amendment of amending Acts

70 The items in this Schedule relate to misdescribed or redundant amendments, or to errors or redundant text, contained in amending Acts.

Item 1

71 Item 3 of Schedule 3 to the Customs Amendment (Anti-dumping Improvements) Act (No. 3) 2012 purported to amend subsection 296T(1) of the Customs Act 1901 to repeal the definition of selected exporter. However, the amendment was misdescribed as there is no such subsection and the item should have amended subsection 269T(1) of the Customs Act 1901. Item 1 corrects the misdescription.

Items 2 and 3

72 Items 2 and 3 are related. Item 79 of Schedule 2 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012 purported to amend Part 8 of the Education Services for Overseas Students Act 2000 to insert a Division 1A before Division 1. However, the amendment was misdescribed as Part 8 contains no Divisions. Item 2 corrects this misdescription. Item 3 removes the redundant Division heading that item 79 purported to insert.

Item 4

73 Item 21 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 purported to amend subsection 5H(8) of the Veterans' Entitlements Act 1986 to add a paragraph (zzh) at the end. However, the amendment was misdescribed as the form of amendment used caused confusion about whether the paragraph should be placed before or after a note at the end of that subsection. Item 4 corrects the misdescription.

Item 5

74 Item 21 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 purported to amend "subsection 136A" of the Designs Act 2003 to insert the words "(if any)" after the words "of the Designs Office". However, the amendment was misdescribed as both subsections 136A(1) and (2) contain the words "of the Designs Office" and the item did not describe which subsection to amend. The amendment was actually intended to amend both subsections. Item 5 corrects the misdescription.

Item 6

75 Item 6 corrects some typographical errors in the headings to the commencement table in subsection 2(1) of the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013. The column 1 headings were missing and the column 2 headings were in the wrong location. Item 7

76 Item 8 of Schedule 1 to the Statute Law Revision Act 2012 purported to fix a supposed error in paragraph 11(1)(a) of the Aged Care (Bond Security) Act 2006. However, before the commencement of that item, parallel quality control processes within the Attorney-General's Department identified that the supposed error appeared only in the consolidated version of the law, not in the law as enacted by Parliament. The incorrect text of the consolidation was corrected. This meant that the item was redundant, could not make its amendment as the text it purported to amend did not exist in the form it operated on and was therefore misdescribed. Item 7 repeals the misdescribed item.

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