Senate

Acts and Instruments (Framework Reform) Bill 2014

Replacement Explanatory Memorandum

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

This Memorandum replaces the Explanatory Memorandum presented to the House of Representatives on 22 October 2014

Schedule 3 - Updating references to instruments

GENERAL OUTLINE

Schedule 3 amends various Commonwealth Acts to update references to instruments.

In particular, the Bill amends Commonwealth Acts to:

·
make clear within enabling legislation that certain instruments are legislative or notifiable instruments for the purposes of the new Legislation Act, and
·
update references to repealed provisions of the Acts Interpretation Act (Part XII and sections 46A and 48) and the Statutory Rules Publication Act to relevant provisions in the new Legislation Act.

These amendments, and amendments in Part 5 of Schedule 1 to the Bill, enable the repeal of the Legislative Instruments (Transitional Provisions and Consequential Provisions) Act 2003 in item 1 of this Schedule.

Former section 46A of the Acts Interpretation Act provided for an instrument to be made that was disallowable under the process in former section 48 of the Acts Interpretation Act. The Legislative Instruments (Transitional Provisions and Consequential Provisions) Act deemed instruments made under section 46A to be legislative instruments for the purposes of the Legislative Instruments Act. The amendments in Schedule 3 amend specific provisions of Acts to provide that instruments are legislative instruments, and remove redundant references to repealed provisions of the Acts Interpretation Act. Paragraph 6(d) of the Legislative Instruments Act is also removed by Schedule 1 to the Bill as it provides that instruments that are disallowable under section 46A or Part XII of the Acts Interpretation Act are legislative instruments. These amendments do not change the effect of the law.

Subsection 48(2) of the Acts Interpretation Act was a similar provision regarding retrospective operation to the subsection 12(2) of the Legislative Instruments Act. The Legislative Instruments (Transitional Provisions and Consequential Provisions) Act provided that provisions in enabling legislation which displace the rule in subsection 48(2) of the Acts Interpretation Act are construed as displacing the rule in subsection 12(2) of the Legislative Instruments Act (which invalidates instruments that have a detrimental retrospective effect). The amendments in this Schedule amend the enabling provisions that refer to subsection 48(2) of the Acts Interpretation Act to instead refer to subsection 12(2) of the Legislation Act. These amendments make no substantive change.

Schedule 3 removes references in other Acts to the Statutory Rules Publication Act to reflect the repeal of that Act by the Legislative Instruments (Transitional Provisions and Consequential Provisions) Act.

Amendments are also made in this Schedule to some provisions of Acts to expressly confer a power to make a legislative instrument, where the power is currently conferred impliedly. This does not change the effect of the relevant Act, but removes any doubt about whether such provisions are effective in conferring power (following the decision in Hong Kong Bank v ASC (1992) 109 ALR 70).

The amendments in this Schedule also substitute some requirements for publication by gazettal with the requirement for registration on the new Register. This substitution extends to certain non-legislative instruments that will be required to be registered as notifiable instruments to enhance the accessibility of these instruments.

Amendments are also made to remove any related redundant provisions. For example, provisions requiring publication on the internet. These provisions are no longer required because this requirement is met through publication on the new Register.

PART 1 - REPEAL OF ACT

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003

Item 1 - The whole of the Act

Item 1 repeals the Legislative Instruments (Transitional Provisions and Consequential Provisions) Act. That Act included:

·
amendments and repeals consequential to the enactment of the Legislative Instruments Act
·
provision for regulations to be made prescribing transitional matters
·
transitional provisions providing for references to the Statutory Rules Publication Act and the Acts Interpretation Act disallowance regime (sections 46A and 48, and Part XII) to continue to operate as references to the corresponding regime in the Legislative Instruments Act, and
·
transitional provisions relating to other instruments that were deemed to be instruments under section 46B of the Acts Interpretation Act.

The amendments and repeals consequential to the enactment of the Legislative Instruments Act have all commenced and are therefore spent and can be repealed.

The transitional provision in the Legislative Instruments (Transitional Provisions and Consequential Amendments) Regulations 2005 ceased to have effect at the end of 31 December 2005 and the regulation was repealed by the Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013.

PART 2 - AMENDMENT OF ACTS

Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978

Item 2 - Subsections 10(5), (5A), (6) and (7)

Item 2 repeals subsection 10(5), (5A), (6) and (7) of the Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978 and inserts a new subsection (5) to provide that for the purposes of the Legislation Act, a by-law made by the Council and approved by the Minister is a legislative instrument made by the Minister on the day the by-law is approved. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. The note clarifies that the Minister will be taken to be the rule-maker for the purposes of the Legislation Act.

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

Item 3 - Subsection 52A(11), (12), (13), and (14)

Item 3 repeals subsection 52A(11), (12), (13), and (14) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 and inserts a new subsection (11) to provide that for the purposes of the Legislation Act, a by-law made by the Council and received by the Minister is a legislative instrument made by the Minister on the day the by-law is received. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. The note clarifies that the Minister will be taken to be the rule-maker for the purposes of the Legislation Act.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

Item 4 - Subsection 15(6), (7), (8), and (9)

Item 4 repeals subsections 15(6), (7), (8) and (9) of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 and inserts a new subsection (6) to provide that for the purposes of the Legislation Act, a by-law made by the Kerrup-Jmara Elders Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by-law is received. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. The note clarifies that the Minister will be taken to be the rule-maker for the purposes of the Legislation Act.

Item 5 - Subsections 23(6), (7), (8) and (9)

Item 5 repeals subsections 23(6), (7), (8) and (9) of the Aboriginal Land (Lake Condah and Framlingham Forest) Act and inserts a new subsection (6) to provide that for the purposes of the Legislation Act, a by-law made by the Kirrae Whurrong Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by-law is received. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. The note clarifies that the Minister will be taken to be the rule-maker for the purposes of the Legislation Act.

Australian Broadcasting Corporation Act 1983

Item 6 - Subsection 27(5)

Item 6 amends subsection 27(5) of the Australian Broadcasting Corporation Act 1983 to replace 'by notice in the Gazette' with 'under subsection (6)'. This amendment, read with the amendment in item 7, clarifies the status of an instrument (a specification) made under this section.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

Item 7 - Subsection 27(6)

Item 7 repeals subsection 27(6) of the Australian Broadcasting Corporation Act which refers to section 46A of the Acts Interpretation Act, and inserts a new subsection (6) to expressly provide that the Minister may, by legislative instrument, specify a service for the purpose of subsection (5). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. The user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

Item 8 - Paragraphs 45(1)(b) and (c)

Item 8 amends paragraphs 45(1)(b) and (c) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 to replace 'in writing' with 'under subsection (2)'. This amendment, read with the amendment in item 9, clarifies the status of an instrument (a determination) made under section 45.

Item 9 - Subsection 45(2)

Item 9 repeals subsection 45(2) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act and inserts a new subsection 45(2).

Subsection 45(2) provides that a determination made for the purposes of paragraphs (1)(b) or (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 45(2) provides that for the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office. This amendment has the effect of expressly conferring power on the Minister to make an instrument. These determinations were previously treated as legislative instruments for the purposes of ensuring they were published on the Federal Register of Legislative Instruments, ensuring a high level of accessibility and transparency. However, these instruments are administrative in nature, and their more accurate classification as notifiable instruments will continue to ensure that they can be made publically available by registration on the new Register.

Item 10 - Subsection 48(2)

Item 10 repeals subsection 48(2) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act and inserts a new subsection 48(2).

Subsection 48(2) provides that Rules made under this section are not statutory rules within the meaning of the Statutory Rules Publication Act. This provision is redundant as the Statutory Rules Publication Act has been repealed.

New subsection 48(2) provides that instruments under this section are not legislative instruments. This amendment does not change the effect of the provision.

Australian Radiation Protection and Nuclear Safety Act 1998

Item 11 - Subsection 7(2)

Item 11 amends subsection 7(2) of the Australian Radiation Protection and Nuclear Safety Act 1998 to replace 'declare by notice in writing' with 'by legislative instrument, declare'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 12 - Subsection 7(4)

Item 12 repeals subsection 7(4) of the Australian Radiation Protection and Nuclear Safety Act. Subsection 7(4) provides that a declaration under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 11.

Item 13 - Subsection 8(2)

Item 13 amends subsection 8(2) of the Australian Radiation Protection and Nuclear Safety Act to replace 'declare by notice in writing' with 'by legislative instrument, declare'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 14 - Subsection 8(4)

Item 14 repeals subsection 8(4) of the Australian Radiation Protection and Nuclear Safety Act. Subsection 8(4) provides that a declaration under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 13.

Broadcasting Services Act 1992

Item 15 - Subsection 6(1) (paragraph (c) of the definition of broadcasting service)

Item 15 amends subsection 6(1) (paragraph (c) of the definition of broadcasting service) of the Broadcasting Services Act 1992 to replace 'by notice in the Gazette' with 'under subsection (2)'. This amendment, read with the amendment in item 16, clarifies the status of an instrument (a determination) made under this section.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

Item 16 - Subsection 6(2)

Item 16 repeals subsection 6(2) of the Broadcasting Services Act and inserts a new subsection 6(2). Subsection 6(2) provides that a determination under paragraph (c) of the definition of 'broadcasting service' in subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 6(2) provides that an instrument made under paragraph (c) of the definition of broadcasting service in subsection (1) is a legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 17 - Subsection 13(3)

Item 17 amends subsection 13(3) of the Broadcasting Services Act to replace 'by notice in the Gazette' with 'under subsection (4)'. This amendment, read with the amendment in item 18, clarifies the status of an instrument (a specification) made under this section.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

Item 18 - Subsection 13(4)

Item 18 repeals subsection 13(4) of the Broadcasting Services Act and inserts a new subsection 13(4). Subsection 13(4) provides that a specification under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 13(4) provides that the Minister may, by legislative instrument, specify services for the purposes of subsection (3). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision

Item 19 - Subsection 19(1)

Item 19 amends subsection 19(1) of the Broadcasting Services Act to replace 'by notice in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 20 - Section 20

Item 20 repeals section 20 of the Broadcasting Services Act. Section 20 provides that determinations and clarifications under section 19 are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 19.

Item 21 - Subsection 31(1)

Item 21 amends subsection 31(1) of the Broadcasting Services Act to replace 'notify the ACMA in writing' with ', by legislative instrument, notify the ACMA'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 22 - Section 32

Item 22 repeals section 32 of the Broadcasting Services Act. Section 32 provides that a notice under section 31 is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 21.

Item 23 - Subsection 38B(14)

Item 23 amends subsection 38B(14) of the Broadcasting Services Act to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 24 - Subsection 38B(16)

Item 24 repeals subsection 38B(16) of the Broadcasting Services Act. Subsection 38B(16) provides that a determination under subsection (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 23.

Item 25 - Subsections 87A(6), (7) and (8)

Item 25 amends subsections 87A(6), (7) and (8) of the Broadcasting Services Act to replace 'written determination' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 26 - Subsection 87A(11)

Item 26 repeals subsection 87A(11) of the Broadcasting Services Act. Subsection 87A(11) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 25.

Item 27 - Subsection 115(1)

Item 27 amends subsection 115(1) of the Broadcasting Services Act to replace 'by notice published in the Gazette, specify' with 'give notice, by legislative instrument, specifying'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision except by removing the requirement to gazette the instrument. There is no need to provide for the gazettal of the instrument, since it is a legislative instrument and must in any case be made publically available by registration on the new Register.

Item 28 - Subsection 115(1A)

Item 28 amends subsection 115(1A) of the Broadcasting Services Act to replace 'by notice published in the Gazette, amend' with 'give notice, by legislative instrument, amending'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision except by removing the requirement to gazette the instrument. There is no need to provide for the gazettal of the instrument, since it is a legislative instrument and must in any case be made publically available by registration on the new Register.

Item 29 - Subsection 115(1AA)

Item 29 amends subsection 115(1AA) of the Broadcasting Services Act to replace 'publishes in the Gazette before that time a declaration' with ', by legislative instrument registered under the Legislation Act 2003 before that time, declares'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision except by removing the requirement to gazette the instrument. There is no need to provide for the gazettal of the instrument, since it is a legislative instrument and must in any case be made publically available by registration on the new Register.

Item 30 - Subsection 115(1AB)

Item 30 amends subsection 115(1AB) of the Broadcasting Services Act to replace 'publish' with 'make'. This subsection relates to the instrument making power in subsection 115(1AA). This amendment does not change the effect of the provision.

Item 31 - Subsection 115(1B)

Item 31 amends subsection 115(1B) of the Broadcasting Services Act to replace 'publishes in the Gazette before that time a declaration' with 'by legislative instrument registered under the Legislation Act 2003 before that time, declares'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Ac t, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 32 - Subsection 115(2)

Item 32 amends subsection 115(2) of the Broadcasting Services Act to replace 'by notice published in the Gazette, amend' with 'give notice, by legislative instrument, amending'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 33 - Subsection 115(3)

Item 33 repeals subsection 115(3) of the Broadcasting Services Act. Subsection 115(3) provides that notices and declarations under this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendments in items 27-32.

Item 34 - Section 117

Item 34 amends section 117 of the Broadcasting Services Act to replace 'by notice published in the Gazette' with 'by legislative instrument,'.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 35 - Subsection 120(1)

Item 35 amends subsection 120(1) of the Broadcasting Services Act to replace 'by notice published in the Gazette' with 'by legislative instrument'. An instrument made under this provision is a notice by ACMA to vary a class licence. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 36 - Section 121

Item 36 repeals section 121 of the Broadcasting Services Act. Section 121 provides that notices made under sections 117 and 120 are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in items 34 and 35.

Item 37 - Subsection 121FP(1)

Item 37 amends the Broadcasting Services Act to replace 'formulate written' with ', by legislative instrument, formulate'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 38 - Subsection 121FP(3)

Item 38 repeals subsection 121FP(3) of the Broadcasting Services Act. Subsection 121FP(3) provides that guidelines made under this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 37.

Item 39 - Section 146A

Item 39 amends section 146A of the Broadcasting Services Act to replace 'make a disallowable instrument designating' with ', by legislative instrument, designate'. This amendment updates the simplified outline to reflect changes made in items 40 to 44.

Item 40 - Subsections 146C(1) and (2)

Item 40 amends subsections 146C(1) and (2) of the Broadcasting Services Act to replace 'by writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 41 - Subsection 146C(7)

Item 41 repeals subsection 146C(7) of the Broadcasting Services Act. Subsection 146C(7) provides that a declaration made under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 40.

Item 42 - Subsections 146CA(1) and (2)

Item 42 amends subsections 146CA(1) and (2) of the Broadcasting Services Act to replace 'by writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 43 - Subsection 146CA(5)

Item 43 repeals subsection 146CA(5) of the Broadcasting Services Act. Subsection 146CA(5) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 42.

Item 44 - Subsection 146CA(6)

Item 44 repeals subsection 146CA(6) of the Broadcasting Services Act, but does not repeal the note. Subsection 146CA(6) provides that a copy of a determination under this section is to be published in the Gazette. This subsection is redundant following the amendment in item 42.

The requirement to gazette the instrument is redundant because the instrument is already a legislative instrument and is required to be registered. The gazettal requirement would in any case be satisfied by registration on the new Register (see new section 56(1) of the Legislation Act, as amended by Schedule 1 of the Bill).

This amendment does not change the effect of the provision.

Item 45 - Subsections 212B(1), (2), (3) and (4)

Item 45 amends subsections 212B(1), (2), (3) and (4) of the Broadcasting Services Act to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 46 - Subsection 212B(6)

Item 46 repeals subsection 212B(6) of the Broadcasting Services Act, but does not repeal the note. Subsection 212B(6) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 45.

Item 47 - Subsection 3(3) and (4) of Schedule 6

Item 47 amends subsection 3(3) and (4) of Schedule 6 of the Broadcasting Services Act to replace 'make a written' with ', by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 48 - Subsection 3(6) of Schedule 6

Item 48 repeals subsection 3(6) of Schedule 6 of the Broadcasting Services Act. Subsection 3(6) of Schedule 6 provides that a determination under subsection (3) or (4) is to be an instrument of a legislative character. This reference is redundant following the amendment in item 47.

Item 49 - Subsection 3(7) of Schedule 6

Item 49 repeals subsection 3(7) of Schedule 6 of the Broadcasting Services Act. Subsection 3(7) of Schedule 6 provides that a determination under subsection (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 47.

Item 50 - Subsection 4(3) and (4) of Schedule 6

Item 50 amends subsection 4(3) and (4) of Schedule 6 of the Broadcasting Services Act to replace 'make a written' with ', by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 51 - Subsection 4(6) of Schedule 6

Item 51 repeals subsection 4(6) of Schedule 6 of the Broadcasting Services Act. Subsection 4(6) of Schedule 6 provides that a determination under subsection (3) or (4) is to be an instrument of a legislative character. This reference is redundant following the amendment in item 50.

Item 52 - Subsection 4(7) of Schedule 6

Item 52 repeals subsection 4(7) of Schedule 6 of the Broadcasting Services Act, but not including the note. Subsection 4(7) of Schedule 6 provides that a determination under subsection (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 50.

Item 53 - Subsection 13(4) and (5) of Schedule 6

Item 53 amends subsections 13(4) and (5) of Schedule 6 of the Broadcasting Services Act to replace 'make a written' with ', by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provisions.

Item 54 - Subsection 13(7) of Schedule 6

Item 54 repeals subsection 13(7) of Schedule 6 of the Broadcasting Services Act. Subsection 13(7) of Schedule 6 provides that a determination under subsection (4) or (5) is to be an instrument of a legislative character. This reference is redundant following the amendment in item 53.

Item 55 - Subsection 13(8) of Schedule 6

Item 55 repeals subsection 13(8) of Schedule 6 of the Broadcasting Services Act, but not including the note. Subsection 13(8) of Schedule 6 provides that a determination under subsection (4) or (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 53.

Item 56 - Subsections 15(4) and (5) of Schedule 6

Item 56 amends subsections 15(4) and (5) of Schedule 6 of the Broadcasting Services Act to replace 'make a written' with ', by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 57 - Subsection 15(7) of Schedule 6

Item 57 repeals subsection 15(7) of Schedule 6 of the Broadcasting Services Act. Subsection 15(7) of Schedule 6 provides that a determination under subsection (4) or (5) is to be an instrument of a legislative character. This reference is redundant following the amendment in item 56.

Item 58 - Subsection 15(8) of Schedule 6

Item 58 repeals subsection 15(8) of Schedule 6 of the Broadcasting Services Act, but not including the note. Subsection 15(8) of Schedule 6 provides that a determination under subsection (4) or (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 56.

Item 59 - Subsections 21(4) and (5) of Schedule 6

Item 59 amends subsections 21(4) and (5) of Schedule 6 of the Broadcasting Services Act to replace 'make a written' with 'by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 60 - Subsection 21(7) of Schedule 6

Item 60 repeals subsection 21(7) of Schedule 6 of the Broadcasting Services Act. Subsection 21(7) of Schedule 6 provides that a determination under subsection (4) or (5) is to be an instrument of a legislative character. This reference is redundant following the amendment in item 59.

Item 61 - Subsection 21(8) of Schedule 6

Item 61 repeals subsection 21(8) of Schedule 6 of the Broadcasting Services Act, but not including the note. Subsection 21(8) of Schedule 6 provides that a determination under subsection (4) or (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 59.

Item 62 - Subsection 27(1) of Schedule 6

Item 62 amends subsection 27(1) of Schedule 6 of the Broadcasting Services Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 63 - Subsection 27(3) of Schedule 6

Item 63 repeals subsection 27(3) of Schedule 6 of the Broadcasting Services Act. Subsection 27(3) of Schedule 6 provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 62.

Item 64 - Subsection 31(1) of Schedule 6

Item 64 amends subsection 31(1) of Schedule 6 of the Broadcasting Services Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 65 - Subsection 31(2) of Schedule 6

Item 65 amends subsection 31(2) of Schedule 6 of the Broadcasting Services Act to replace 'notice in writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 66 - Subsection 31(3) of Schedule 6

Item 66 repeals subsection 31(3) of Schedule 6 of the Broadcasting Services Act. Subsection 31(3) of Schedule 6 provides that a standard determined under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference is redundant following the amendments in items 64 and 65.

Commerce (Trade Descriptions) Act 1905

Item 67 - Subsection 5(5)

Item 67 amends subsection 5(5) of the Commerce (Trade Descriptions) Act 1905 to replace 'disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Competition and Consumer Act 2010

Item 68 - Subsection 151BUAA(1)

Item 68 amends subsection 151BUAA(1) of the Competition and Consumer Act 2010 to replace 'give written directions' with ', by legislative instrument, give a direction'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 69 - Subsections 151BUAA(1B) and (1C)

Item 69 amends subsections 151BUAA(1B) and (1C) of the Competition and Consumer Act to replace 'give a written direction' with ', by legislative instrument, give a direction'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 70 - Subsection 151BUAA(4)

Item 70 repeals subsection 151BUAA(4) of the Competition and Consumer Act. Subsection 151BUAA(4) provides that a direction under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendments in items 68 and 69.

Item 71 - Subsections 151CMA(1), (2) and (3)

Item 71 amends subsections 151CMA(1), (2) and (3) to omit the word 'written'. This amendment, read with the amendment in item 72, clarifies the status of an instrument (a determination) made under this section.

Item 72 - Subsection 151CMA(6)

Item 72 repeals subsection 151CMA(6) of the Competition and Consumer Act and inserts a new subsection 151CMA(6).

Subsection 151CMA(6) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 151CMA(6) provides that a determination made by the Minister for the purposes of subsection (1), (2) or (3) is a legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision

Item 73 - Subsections 151CMB(1) and (2)

Item 73 amends subsections 151MB(1) and (2) of the Competition and Consumer Act to omit the word 'written'. This amendment, read with the amendment in item 74, clarifies the status of an instrument (a determination) made under this section.

Item 74 - Subsection 151CMB(4)

Item 74 repeals subsection 151CMB(4) of the Competition and Consumer Act and inserts a new subsection 151CMB(4).

Subsection 151CMB(4) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 151CMB(4) provides that the Minister may by legislative instrument, make a determination for the purposes of subsection (1) or (2). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 75 - Section 151CMC

Item 75 amends section 151CMC of the Competition and Consumer Act to replace 'determination under' with 'determination made for the purposes of'. This amendment is consequential to items 72 and 74.

Customs Act 1901

Item 76 - Subsection 4A(2)

Item 76 repeals subsection 4A(2) of the Customs Act 1901. Subsection 4A(2) provides that an instrument under subsection (1) after this section commences is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. Generally, this has the effect that the instruments under subsection (1) would be legislative instruments; however, in practice, some of these instruments qualify (and will continue to qualify) for exemptions under the Legislation Ac t, or regulations that will be made under that Act. As a result, the status of all instruments made under subsection (1) as legislative or non-legislative is not certain. Customs will continue its practice of registering all instruments that are legislative instruments on the new Register under that Act.

In addition to creating certainty about the status of the instruments under subsection (1), the amendment removes a redundant reference to a repealed provision of the Acts Interpretation Act. This amendment does not change the effect of the Act in its practical operation.

Item 77 - Section 269SL

Item 77 repeals section 269SL of the Customs Act. This provision is redundant as it includes a reference to the Statutory Rules Publication Act which has been repealed.

Item 78 - Subsection 269TA(1)

Item 78 amends subsection 269TA(1) of the Customs Act to replace 'give to the Commissioner such written directions' with ', by legislative instrument, give to the Commissioner such directions'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 79 - Subsections 269TA(3) and (4)

Item 79 repeals subsections 269TA(3) and (4) of the Customs Act. Subsection 269TA(3) provides for gazettal and tabling requirements for an instrument and subsection 269TA(4) provides that an instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. These subsections are redundant following the amendment in item 78.

Defence (Visiting Forces) Act 1963

Item 80 - Section 29

Item 80 repeals section 29 of the Defence (Visiting Forces) Act 1963. This provision is redundant as it includes a reference to the Statutory Rules Publication Act which has been repealed.

Environment Protection and Biodiversity Conservation Act 1999

Item 81 - Subsection 40(4)

Item 81 amends subsection 40(4) of the Environment Protection and Biodiversity Conservation Act 1999 to replace 'declare in writing' with ', by legislative instrument, declare'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 82 - Subsection 40(5)

Item 82 repeals subsection 40(5) of the Environment Protection and Biodiversity Conservation Act. Subsection 40(5) provides that a declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 81.

Item 83 - Subsection 178(1)

Item 83 amends subsection 178(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments and the amendment does not change the effect of the provision.

Item 84 - Subsection 181(1)

Item 84 amends subsection 181(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments.

Item 85 - Subsection 181(5)

Item 85 repeals subsection 181(5) of the Environment Protection and Biodiversity Conservation Act and replaces it with new subsection 181(5). Subsection 181(5) provides that an instrument (other than an instrument establishing the list mentioned in subsection (3)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 84.

New subsection 181(5) removes doubt that the instrument first establishing the list under subsection (1) is not taken to have been a legislative instrument, as it was required to be published in the Gazette.

Item 86 - Subsection 183(1)

Item 86 amends subsection 183(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 87 - Subsection 193(1)

Item 87 amends subsection 193(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 88 - Subsection 193(3)

Item 88 repeals subsection 193(3) of the Environment Protection and Biodiversity Conservation Act. Subsection 193(3) provides that a determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 87. Item 89 - Paragraph 194(b)

Item 89 amends paragraph 194(b) of the Environment Protection and Biodiversity Conservation Act to replace 'an up-to-date copy' with 'up-to-date copies'. This corrects a grammatical error and it does not change the effect of this provision.

Item 90 - Subsection 248(1)

Item 90 amends subsection 248(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument (which establishes a list of marine species) is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 91 - Subsection 249(1)

Item 91 repeals subsection 249(1) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 249(1). Subsection 249(1) provides that the Minister may amend the list of marine species by instrument published in the gazette. The types of amendments that can be made to the list are prescribed in this provision.

New subsection 249(1) provides that the Minister may, by legislative instrument, amend the list by (a) including or deleting items, or (b) correcting an inaccuracy or updating the name of a species. This amendment has the effect of expressly providing that the instrument is a legislative instrument. An amendment to the list by correcting an inaccuracy or updating the name of a species is not currently done by a legislative instrument. This will be a substantive change to the Act, to ensure that all instruments made under sections 248 and 249 are legislative instruments, which will enable complete compilations to be made on the new Register, thereby providing better access to the list in its current form at any particular time.

Item 92 - Subsections 249(2) and (3)

Item 92 repeals subsections 249(2) and (3) of the Environment Protection and Biodiversity Conservation Act and inserts new subsections 249(2) and (3).

Subsections 249(2) and (3) provide that an instrument including or deleting items in the list is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act, and provide for specific commencement of particular instruments. The reference to the Acts Interpretation Act is redundant following the amendments in item 91.

New subsection 249(2) provides that amendments of a list that delete items take effect on the first day the amendments are no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act. This amendment reflects the current effect of the provision, but references the disallowance requirements of the Legislation Act rather than a redundant reference to section 48 of the Acts Interpretation Act.

New subsection 249(3) provides that section 42 of the Legislation Act does not apply to a legislative instrument to which paragraph (1)(b) of this section applies (correcting an inaccuracy or updating the name of a marine species). This means that these instruments will not be subject to disallowance processes. It is appropriate that these instruments not be subject to parliamentary scrutiny on the basis they make technical rather than substantive amendments, and consideration by the Parliament would not be an effective use of Parliamentary time.

Item 93 - Subsection 249(4)

Item 93 amends subsection 249(4) of the Environment Protection and Biodiversity Conservation Act to omit the words 'section 48 of the Acts Interpretation Act 1901' and to insert the words 'Part 2 of Chapter 3 of the Legislation Act 2003'. The reference to the Acts Interpretation Act is redundant following the amendment in item 91.

Item 94 - Subsection 249(5)

Item 94 amends subsection 249(5) of the Environment Protection and Biodiversity Conservation Act to replace 'an instrument' with 'an amendment under subsection (1)'. This amendment is consequential to the amendment in item 91 and it does not change the effect of this provision.

Item 95 - Paragraph 251(2)(b)

Item 95 amends paragraph 251(2)(b) of the Environment Protection and Biodiversity Conservation Act to replace 'cause the necessary instrument to be published in the Gazette' with 'amend the list accordingly under subsection 249(1)'. This amendment does not change the effect of the provision, but makes clear that an instrument mentioned in this paragraph is an instrument (a legislative instrument) made under subsection 249(1).

Item 96 - Paragraph 251(3)(b)

Item 96 repeals paragraph 251(3)(b) of the Environment Protection and Biodiversity Conservation Act and inserts a new paragraph 251(3)(b). Paragraph 251(3)(b) refers to the publication of an instrument in the Gazette. The reference to the gazette is no longer correct following the amendment in item 91.

New paragraph 251(3)(b) instead refers to registration as a legislative instrument. This paragraph enables a member of the Scientific Committee to disclose advice before the end of a 90 day period if the disclosure 'relates to an addition or deletion included in an amendment of the list that has already been registered as a legislative instrument under the Legislation Act 2003.' This amendment is consequential to the amendment in item 91.

Item 97 - At the end of section 251

Item 97 inserts a note at the end of section 251 of the Environment Protection and Biodiversity Conservation Act to provide that amendments of the list to add or delete an item are legislative instruments. This amendment is to provide clarity about the status of the instruments made under section 249, following the amendment in item 91.

Item 98 - Subsections 303CA(1) and (9)

Item 98 amends subsections 303CA(1) and (9) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument (which establishes a list of CITES species) is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 99 - Subsection 303CA(10)

Item 99 repeals subsection 303CA(10) of the Environment Protection and Biodiversity Conservation Act. Subsection 303CA(10) provides that a copy of an instrument under subsection (1) or (9) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 98, which has the effect of requiring publication on the new Register. Item 100 - Subsection 303CB(1)

Item 100 amends subsection 303CB(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 101 - Subsections 303CB(3) and (4)

Item 101 repeals subsections 303CB(3) and (4) of the Environment Protection and Biodiversity Conservation Act. Subsection 303CB(3) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 100.

Subsection 303CB(4) provides that a copy of an instrument under subsection (1) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 100, which has the effect of requiring publication on the new Register.

Item 102 - Subsection 303CH(1) (table item 3, subparagraph (b)(i))

Item 102 repeals subparagraph (b)(i) of table item 3 of subsection 303CH(1) of the Environment Protection and Biodiversity Conservation Act, and inserts a new subparagraph (b)(i). This amendment removes a reference to a specimen that 'is specified by the Minister in a notice published in the Gazette to be a declared specimen; and', and inserts a reference to a specimen that is 'specified by the Minister under subsection (2) as a declared specimen; and'.

This amendment is consequential to item 103, which provides that this type of instrument is a notifiable instrument. Notifiable instruments are required to be published on the new Register.

Item 103 - Subsection 303CH(2)

Item 103 repeals subsection 303CH(2) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303CH(2). Subsection 303CH(2) provides that 'a notice made under subparagraph (b)(i) of item 3 in the table in subsection (1) is not a legislative instrument'.

New subsection 303CH(2) provides that 'the Minister may, by notifiable instrument, specify a specimen as a declared specimen for the purposes of subparagraph (b)(i) of item 3 of the table in subsection (1)'. A note makes clear that notifiable instruments must be registered under the Legislation Act, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

This amendment has the effect of ensuring these types of instruments are published centrally and in authoritative form on the new Register. The legal effect of this provision is not being changed, other than to require registration on the new Register. These instruments are not currently subject to parliamentary scrutiny or sunsetting, nor will they be following these amendments.

Item 104 - Subsection 303DB(1)

Item 104 amends subsection 303DB(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument (which establishes a list of exempt native species) is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 105 - Subsection 303DB(7)

Item 105 repeals subsection 303DB(7) of the Environment Protection and Biodiversity Conservation Act. Subsection 303DB(7) provides that a copy of an instrument under subsection (1) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 104, which has the effect of requiring publication on the new Register.

Item 106 - Subsection 303DC(1)

Item 106 repeals subsection 303DC(1) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303DC(1). Subsection 303DC(1) provides that the Minister may, by instrument published in the Gazette, amend the list of exempt native specimens in particular ways prescribed by the provision.

New subsection 303DC(1) provides that the Minister may, by legislative instrument, amend the list referred to in section 303DB (list of exempt native specimens) by: including items in the list, deleting items from the list, imposing a condition or restriction to which the inclusion of a specimen in the list is subject, varying or revoking a condition or restriction to which the inclusion of a specimen in the list is subject, or correcting an inaccuracy or updating the name of a species.

This amendment has the effect of expressly providing that the instrument is a legislative instrument. An amendment to the list by correcting an inaccuracy or updating the name of a species is not currently done by a legislative instrument. This amendment will be a substantive change to the Act, to ensure that all instruments made under sections 303DB and 303DC are legislative instruments, which will enable complete compilations to be made on the new Register, thereby providing better access to the list in its current form at any particular time.

Item 107 - Subsections 303DC(1B) and (2)

Item 107 amends subsections 303DC(1B) and (2) of the Environment Protection and Biodiversity Conservation Act to replace 'paragraph (1)(e)' with 'paragraph (1)(b)'. This amendment is consequential to the amendment in item 132 and does not change the effect of these provisions.

Item 108 - Subsection 303DC(3)

Item 108 amends subsection 303DC(3) of the Environment Protection and Biodiversity Conservation Act to replace 'paragraph (1)(a), (b), (c) or (d)' with 'paragraph (1)(a)'. This amendment is consequential to the amendment in item 106 and does not change the effect of this provision.

Item 109 - Subsections 303DC(4) and (5)

Item 109 repeals subsections 303DC(4) and (5) of the of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303DC(4). Subsection 303DC(4) provides that an instrument made under subsection (1) (other than an instrument mentioned in paragraph (1)(e)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 106.

Subsection 303DC(5) provides that a copy of an instrument under subsection (1) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 106, which has the effect of requiring publication on the new Register.

New subsection 303DC(4) provides that legislative instruments to which paragraph (1)(b) of this section applies (an instrument to correct an inaccuracy or update the name of a species), are not subject to disallowance under section 42 of the Legislation Act. This means that these instruments will not be subject to disallowance processes. It is appropriate that these instruments not be subject to parliamentary scrutiny on the basis they make technical rather than substantive amendments, and consideration by the Parliament would not be an effective use of parliamentary time.

Item 110 - Subsection 303EB(1)

Item 110 amends subsection 303EB(1) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument (which establishes a list of specimens that are taken to be suitable for live import) is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 111 - Subsection 303EB(12)

Item 111 repeals subsection 303EB(12) of the of the Environment Protection and Biodiversity Conservation Act. Subsection 303EB(12) provides that a copy of an instrument under subsection (1) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 110, which has the effect of requiring publication on the new Register.

Item 112 - Subsection 303EC(1)

Item 112 repeals subsection 303EC(1) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303EC(1). Subsection 303EC(1) provides that the Minister may, by instrument published in the Gazette, amend the list of specimens that are taken to be suitable for live import, in particular ways prescribed by the provision.

New subsection 303EC(1) provides that the Minister may, by legislative instrument, amend the list referred to in section 303EB (list of specimens that are taken to be suitable for live import) by: including items in a particular part of the list, deleting items from a particular part of the list, imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject, varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject, or correcting an inaccuracy or updating the name of a species.

This amendment has the effect of expressly providing that the instrument is a legislative instrument. An amendment to the list by correcting an inaccuracy or updating the name of a species is not currently done by a legislative instrument. This will be a substantive change to the Act, to ensure that all instruments made under sections 303EB and 303EC are legislative instruments, which will enable complete compilations to be made on the new Register, thereby providing better access to the list in its current form at any particular time.

Item 113 - Subsection 303EC(2)

Item 113 amends subsection 303EC(2) of the Environment Protection and Biodiversity Conservation Act to replace 'paragraph (1)(c)' with 'paragraph (1)(b)'. This amendment is consequential to the amendment in item 112 and does not change the effect of these provisions.

Item 114 - Subsection 303EC(3)

Item 114 amends subsection 303EC(3) of the Environment Protection and Biodiversity Conservation Act to replace 'paragraph (1)(a), (b), (d) or (e)' with 'paragraph (1)(a)'. This amendment is consequential to the amendment in item 112 and does not change the effect of these provisions.

Item 115 - Subsection 303EC(4)

Item 115 repeals subsection 303EC(4) of the Environment Protection and Biodiversity Conservation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 112.

Item 116 - Subsection 303EC(6)

Item 116 repeals subsection 303EC(6) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303EC(6). Subsection 303EC(6) provides that a copy of an instrument under subsection (1) is to be made available for inspection on the internet. The requirement to publish on the internet is redundant following the amendment in item 112, which has the effect of requiring publication on the new Register.

New subsection 303EC(6) provides that legislative instruments to which paragraph (1)(b) of this section applies (an instrument to correct an inaccuracy or update the name of a species), are not subject to disallowance under section 42 of the Legislation Act. This means that these instruments will not be subject to disallowance processes. It is appropriate that these instruments not be subject to parliamentary scrutiny on the basis they make technical rather than substantive amendments, and consideration by the Parliament would not be an effective use of parliamentary time.

Item 117 - Subsection 303EU(1)

Item 117 amends subsection 303EU(1) of the Environment Protection and Biodiversity Conservation Act to replace 'make a written' with ', by legislative instrument, make a'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 118 - Subsection 303EU(5)

Item 118 repeals subsection 303EU(5) of the Environment Protection and Biodiversity Conservation Act. Subsection 303EU(5) provides that a determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 117.

Item 119 - Subsection 303FG(4)

Item 119 amends subsection 303FG(4) of the Environment Protection and Biodiversity Conservation Act to replace 'by instrument published in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This reflects the existing practice of registering the list on the Federal Register of Legislative Instruments, and the amendment does not change the effect of the provision.

Item 120 - Subsection 303FG(6)

Item 120 repeals subsection 303FG(6) of the Environment Protection and Biodiversity Conservation Act and inserts a new 303FG(6). Subsection 303FG(6) provides that the Minister may, by instrument published in the Gazette, amend the list of native household pet animals, in particular ways prescribed by the provision.

New subsection 303FG(6) provides that the Minister may, by legislative instrument, amend the list referred to in subsection (4) (list of native household pet animals) by: (a) including or deleting items from the list, or (b) correcting an inaccuracy or updating the name of a species.

This amendment has the effect of expressly providing that an instrument amending the list is a legislative instrument. An amendment to the list by correcting an inaccuracy or updating the name of a species is not currently made by a legislative instrument (see item 121). This will be a substantive change to the Act, to ensure that all amendments to the list are legislative instruments, which will enable complete compilations to be made on the new Register, thereby providing better access to the list in its current form at any particular time.

Item 121 - Subsection 303FG(7)

Item 121 repeals subsection 303FG(7) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 303FG(7). Subsection 303FG(7) provides that an instrument under subsection (6) (other than an instrument that corrects an inaccuracy or updates the name of a species), is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 303FG(7) provides that legislative instruments to which paragraph (6)(b) of this section applies (an instrument to correct an inaccuracy or update the name of a species), are not subject to disallowance under section 42 of the Legislation Act. This means that these instruments will not be subject to disallowance processes. It is appropriate that these instruments not be subject to parliamentary scrutiny on the basis they make technical rather than substantive amendments, and consideration by the Parliament would not be an effective use of parliamentary time.

Item 122 - Subsections 303GX(2) and (3)

Item 122 amends subsection 303GX(2) and (3) of the Environment Protection and Biodiversity Conservation Act to replace 'notice published in the Gazette' with 'notifiable instrument'.

This amendment has the effect of ensuring these instruments are published centrally and in authoritative form on the new Register. The legal effect of this provision is not being changed, other than to require registration on the new Register.

Item 123 - At the end of subsection 303GX(3)

Item 123 inserts a note at the end of subsection 303GX(3) of the Environment Protection and Biodiversity Conservation Act. The note provides that notifiable instruments must be registered under the Legislation Act, but they are not subject to parliamentary scrutiny or sunsetting under that Act. These instruments are not currently subject to parliamentary scrutiny or sunsetting, so this note makes clear that the legal effect of this provision is not being changed, other than to require registration on the new Register.

Item 124 - Subsection 324L(3)

Item 124 repeals subsection 324L(3) of the Environment Protection and Biodiversity Conservation Act and inserts new subsection 324L(3). Subsection 324L(3) provides that the Minister may make an instrument for a particular purpose that is to be published in the Gazette.

New subsection 324L(3) provides that the Minister may make an instrument for the same purpose as the existing provision, but the new provision removes the reference to publication in the Gazette. A note is included to direct the reader to subsections (5) and (6) for requirements relating to the instrument under the Legislation Act.

Item 125 - Subsections 324L(5) and (6)

Item 125 repeals subsections 324L(5) and (6) of the Environment Protection and Biodiversity Conservation Act and inserts new subsections 324L(5) and (6). Subsection 324L(5) provides that an instrument that deals only with removal for loss of value is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act and provides for the specific commencement of these types of instruments. Subsection 324L(6) provides that the Minister must publish a copy of the instrument on the internet and in each other way required by regulations, within 10 business days of publication of the instrument in the Gazette.

New subsection 324L(5) provides that an instrument that deals only with removal for loss of value is a legislative instrument and takes effect on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act.

New subsection 324L(6) provides that if subsection (5) does not apply (that is, for other types of instruments), an instrument is a notifiable instrument. A note is included that provides that notifiable instruments must be registered under the Legislation Act, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

This amendment has the effect of ensuring these instruments are published centrally and in authoritative form on the new Register, whether as legislative instruments (under subsection 5) or as notifiable instruments (under subsection (6)). This reflects existing practice and the amendment does not change the effect of the provision. The instruments that will be taken to be notifiable instruments are not currently subject to parliamentary scrutiny or sunsetting, so the note makes clear that the legal effect of this provision is not being changed, other than to require registration on the new Register.

Item 126 - Paragraph 324M(5)(b)

Item 126 amends paragraph 324M(5)(b) of the Environment Protection and Biodiversity Conservation Act to replace 'published in the Gazette' with 'made'. This amendment is consequential to the amendments made in items 124 and 125.

Item 127 - Subparagraph 324R(2)(b)(i)

Item 127 amends subparagraph 324R(2)(b)(i) of the Environment Protection and Biodiversity Conservation Act to replace 'publication in the Gazette of an instrument' with 'registration under the Legislation Act 2003 of a legislative instrument'. This amendment is consequential to the amendments made in items 124 and 125.

Item 128 - Subsection 341L(4)

Item 128 repeals subsection 341L(4) of the Environment Protection and Biodiversity Conservation Act, and inserts a new subsection 341L(4). Subsection 341L(4) provides that the Minister may make an instrument for a particular purpose that is to be published in the Gazette.

New subsection 341L(4) provides that the Minister may make an instrument for the same purpose as the existing provision, but the new provision removes the reference to publication in the Gazette. A note is included to direct the reader to subsections (6) and (7) for requirements relating to the instrument under the Legislation Act.

Item 129 - Subsections 341L(6) and (7)

Item 129 repeals subsections 341L(6) and (7) of the Environment Protection and Biodiversity Conservation Act and inserts new subsections 341L(6) and (7). Subsection 341L(6) provides that an instrument that deals only with removal for loss of value is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. It also provides for the specific commencement of these types of instruments. Subsection 341L(7) provides that the Minister must publish a copy of the instrument on the internet and in each other way required by regulations, within 10 business days of publication of the instrument in the Gazette.

New subsection 341L(6) provides that an instrument that deals only with removal for loss of value is a legislative instrument and takes effect on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act.

New subsection 324L(7) provides that if subsection (6) does not apply (that is, for other types of instruments), an instrument is a notifiable instrument. A note is included that provides that notifiable instruments must be registered under the Legislation Act, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

This amendment has the effect of ensuring these instruments are published centrally and in authoritative form on the new Register, whether as legislative instruments (under subsection (6) or as notifiable instruments (under subsection (7)). This reflects existing practise and the amendment does not change the effect of the provision.

The instruments that will be taken to be notifiable instruments are not currently subject to parliamentary scrutiny or sunsetting, so the note makes clear that the legal effect of this provision is not being changed, other than to require registration on the new Register.

Item 130 - Paragraph 341M(5)(b)

Item 130 amends paragraph 341M(5)(b) of the Environment Protection and Biodiversity Conservation Act to replace 'published in the Gazette' with 'made'. This amendment is consequential to the amendments made in items 128 and 129.

Item 131 - Subparagraph 341R(2)(b)(i)

Item 131 amends subparagraph 341R(2)(b)(i) of the Environment Protection and Biodiversity Conservation Act to replace 'publication in the Gazette' with 'registration under the Legislation Act 2003'. This amendment is consequential to the amendments made in items 128 and 129.

Item 132 - Section 371 (heading)

Item 132 repeals the heading of section 371 of the Environment Protection and Biodiversity Conservation Act ('Approved management plans are disallowable instruments') and inserts a new heading, 'Approved management plans are legislative instruments'. This reflects the amendments made in item 133.

Item 133 - Subsections 371(1) and (2)

Item 133 repeals subsections 371(1) and (2) of the Environment Protection and Biodiversity Conservation Act and inserts a new subsection 371(1). Subsection 371(1) provides that a management plan approved for a Commonwealth reserve by the Minister is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. Subsection 371(2) provides that the provisions mentioned in section 46A of the Acts Interpretation Act apply as if the approval of the management plan were the making of the plan.

New subsection 371(1) provides that a management plan for the Commonwealth reserve prepared by the Director, and the Board (if any) for the reserve, and approved by the Minister, is a legislative instrument made by the Minister on the day the plan is approved. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 134 - Subsection 517(1)

Item 134 amends subsection 517(1) of the Environment Protection and Biodiversity Conservation Act to replace 'instrument in writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 135 - Subsection 517(2)

Item 135 repeals subsection 517(2) of the Environment Protection and Biodiversity Conservation Act. Subsection 517(2) provides that a determination under subsection 517(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 134.

Item 136 - Section 528 (note at the end of the definition of species)

Item 136 repeals the note at the end of the definition of species in section 528 of the Environment Protection and Biodiversity Conservation Act. The note clarifies that determinations made under section 517 are disallowable instruments. This note is redundant following the amendment in item 134 which expressly provides that an instrument made under that provision is a legislative instrument.

Export Control Act 1982

Item 137 - Subsections 25(4)

Item 137 repeals subsection 25(4) of the Export Control Act 1982 and inserts a new subsection 25(4). Subsection 25(4) applies sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act to orders made under the Act with the effect that orders are taken to be legislative instruments.

New subsection 25(4) provides than an order is a legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 138 - Subsections 25(6) and (7)

Item 138 repeals subsections 25(6) and (7) of the Export Control Act. These provisions are redundant as they include a reference to the Statutory Rules Publication Act which has been repealed.

Fisheries Management Act 1991

Item 139 - Subsection 42(3)

Item 139 amends subsection 42(3) of the Fisheries Management Act 1991 to replace 'disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 140 - Subsection 43(11)

Item 140 amends subsection 43(11) of the Fisheries Management Act to replace 'disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Foreign Proceedings (Excess of Jurisdiction) Act 1984

Item 141 - Subsection 7(1)

Item 141 amends subsection 7(1) of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 to replace ', by order in writing, prohibit' with ', by legislative instrument, make an order prohibiting'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 142 - Paragraphs 9(1)(c) and (d)

Item 142 amends paragraphs 9(1)(c) and (d) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace 'by instrument in writing' with 'by legislative instrument,'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 143 - After section 10

Item 143 inserts a new section 10A after section 10. New section 10A deals with the commencement of declarations made by the Attorney-General under section 9 of the Act. It provides that a declaration under subsection 9(1) comes into force for the purposes of section 10 on a day fixed by the Attorney-General by notifiable instrument. That fixed day cannot be earlier than the first day on which the Attorney-General is satisfied that the instrument under subsection 9(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act.

New subsection 10A(3) is intended to avoid doubt. Subsections 10(1) and (2) do not affect the operation of subsection 12(1) of the Legislation Act in relation to the coming into force of the instrument under subsection 9(1) of this Act for any other purpose.

A note is provided to clarify that subsection 12(1) of the Legislation Act provides that a legislative instrument commences on the day it is registered under that Act, or otherwise as provided by the instrument.

Item 144 - Subsection 12(1)

Item 144 amends subsection 12(1) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace ', by order in writing, declare' with ', by legislative instrument, make an order declaring'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 145 - At the end of Division 3 of Part II

Item 145 adds new section 12A at the end of Division 3 of Part II of the Foreign Proceedings (Excess of Jurisdiction) Act. New section 12A deals with the commencement of orders made by the Attorney-General under section 12 of the Act. It provides that despite subsection 12(1) of the Legislation Act, an order under subsection 12(1) comes into force on a day fixed by the Attorney-General by notifiable instrument.

That fixed day cannot be earlier than the first day on which the Attorney-General is satisfied that the order under subsection 12(1) will no longer be liable to be disallowed, or to be taken to be disallowed, under section 42 of the Legislation Act.

A note (note 1) clarifies that subsection 12(1) of the Legislation Act deals with commencement of legislative instruments. A second note (note 2) clarifies that notifiable instruments must be registered under the Legislation Act, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

Item 146 - Subsection 13(1)

Item 146 amends subsection 13(1) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace 'by order in writing prohibit' with 'by legislative instrument, make an order that prohibits'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 147 - Subsections 14(2) and (3)

Item 147 amends subsections 14(2) and (3) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace 'by order prohibit' with 'by legislative instrument, make an order prohibiting'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 148 - Section 15

Item 148 repeals section 15 of the Foreign Proceedings (Excess of Jurisdiction) Act. This provision provides for parliamentary disallowance of orders and instruments under the Act with reference to the Acts Interpretation Act. This provision is redundant following the amendments in items 141, 142, 144, 146 and 147.

Item 149 - Paragraph 17(a)

Item 149 amends paragraph 17(a) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace 'notice of that order published in the Gazette in accordance with subsection 48(1) of the Acts Interpretation Act 1901 as applied by subsection 15(1) of this Act' with 'order'. This amendment removes the redundant reference to the Acts Interpretation Act following the amendments above, and has the effect of requiring the service of a copy of the order rather than a copy of the Gazette notice.

Item 150 - Paragraph 17(b)

Item 150 amends paragraph 17(b) of the Foreign Proceedings (Excess of Jurisdiction) Act to replace 'notice of the order published as mentioned in paragraph (a)' with 'content of the order'. This amendment is consequential to the amendment made in item 149, and has the effect of requiring the Attorney-General to cause reasonable steps to be taken to bring to the attention of the person the content of the order rather than the Gazette notice of the order.

Item 151 - Subsection 19(2)

Item 151 repeals subsection 19(2) of the Foreign Proceedings (Excess of Jurisdiction) Act and inserts a new subsection 19(2). Subsection 19(2) allows the regulations to commence on a day fixed by the regulations themselves, and provides for the retrospective operation of certain regulations (to override existing subsection 12(2) of the Legislative Instruments Act).

New subsection 19(2) provides that subsection 12(2) of the Legislation Act does not apply to certain regulations made under this section. A note clarifies that subsection 12(2) of the Legislation Act is about the retrospective application of legislative instruments. This amendment allows certain regulations to be made to have retrospective operation even though this may result in disadvantage or liability for a person.

New subsection 12(1) of the Legislation Act provides for legislative instruments to fix a day for their commencement. This means that it is not necessary to provide in subsection 19(2) of the Foreign Proceedings (Excess of Jurisdiction) Act for the regulations to fix a day for their commencement.

Gene Technology Act 2000

Item 152 - Subsection 21(1)

Item 152 amends subsection 21(1) of the Gene Technology Act 2000 to replace 'may issue' with 'may, by legislative instrument, issue'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 153 - Subsection 21(4)

Item 153 repeals subsection 21(4) of the Gene Technology Act. Subsection 21(4) provides that policy principles are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 152.

Item 154 - Subsection 24(1)

Item 154 amends subsection 24(1) of the Gene Technology Act to replace 'may issue' with 'may, by legislative instrument, issue'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 155 - Subsection 24(3)

Item 155 repeals subsection 24(3) of the Gene Technology Act. Subsection 24(3) provides that codes of practice are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 154.

Item 156 - Subsection 78(1)

Item 156 amends subsection 78(1) of the Gene Technology Act to replace 'by writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 157 - Subsection 78(4)

Item 157 repeals subsection 78(4) of the Gene Technology Act. Subsection 78(4) provides that a determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 156.

Item 158 - Subsection 80(1)

Item 158 amends subsection 80(1) of the Gene Technology Act to replace 'vary the GMO Register by written determination' with ', by legislative instrument, vary the GMO Register'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 159 - Subsection 80(3)

Item 159 repeals subsection 80(3) of the Gene Technology Act. Subsection 80(3) provides that a determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 158.

Health and Other Services (Compensation) Act 1995

Item 160 - Subsection 33B(2)

Item 160 inserts the words 'under subsection (4)' after 'determines' in subsection 33B(2) of the Health and Other Services (Compensation) Act 1995. This amendment, read with the amendment in item 162, clarifies the status of an instrument made under this subsection.

Item 161 - Subsection 33B(2A)

Item 162 amends subsection 33B(2A) of the Health and Other Services (Compensation) Act to replace 'subsection (2)' with 'subsection (4)'. This amendment, read with the amendment in item 162, clarifies the status of an instrument made under subsection (2).

Item 162 - Subsection 33B(4)

Item 162 repeals subsection 33B(4) of the Health and Other Services (Compensation) Act which refers to section 46A of the Acts Interpretation Act, and inserts a new subsection 33B(4) to provide that the Minister may, by legislative instrument, make a determination for the purposes of subsection (2). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Health Insurance Act 1973

Item 163 - Subsection 3AAA(2)

Item 163 amends subsection 3AAA(2) of the Health Insurance Act to replace 'instrument in writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 164 - Subsection 3AAA(4)

Item 164 repeals subsection 3AAA(4) of the Health Insurance Act. Subsection 3AAA(4) provides that an instrument determined under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 163.

Item 165 - Subsection 3AA(3)

Item 165 amends subsection 3AA(3) of the Health Insurance Act to replace 'in writing' with 'under subsection (4)'. This amendment, read with the amendment in item 166, clarifies the status of an instrument made under this section.

Item 166 - Subsection 3AA(4)

Item 166 amends subsection 3AA(4) of the Health Insurance Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 167 - Subsection 3AA(5)

Item 167 repeals subsection 3AA(5) of the Health Insurance Act. Subsection 3AA(5) provides that a determination under subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 166.

Item 168 - Subsection 3C(1)

Item 168 amends subsection 3C(1) of the Health Insurance Act to replace 'by writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 169 - Subsection 3C(2)

Item 169 repeals subsection 3C(2) of the Health Insurance Act and inserts a new subsection 3C(2). Subsection 3C(2) provides for the retrospective operation of a determination made under subsection (1), as long as it does not take effect on a day before 1 February 1984.

New subsection 3C(2) provides that subsection 12(2) of the Legislation Act does not apply to a determination under subsection (1). The limitation that the instrument must not take effect earlier than 1 February 1984 is no longer relevant and is omitted in new subsection 3C(2). A note clarifies that subsection 12(2) of the Legislation Act is about the retrospective application of legislative instruments. This amendment allows a determination to be made to have retrospective operation even though this may result in disadvantage or liability for a person. This amendment retains the current effect of the provision.

Item 170 - Subsections 3C(4), (5) and (6)

Item 170 repeals subsections 3C(4), (5) and (6) of the Health Insurance Act. The reference to the Acts Interpretation Act in subsection 3C(4) is redundant following the amendment in item 168. Subsections 3C(5) and (6) are redundant as they include a reference to the Statutory Rules Publication Act which has been repealed.

Item 171 - Subsection 3GC(1)

Item 171 amends subsection 3GC(1) of the Health Insurance Act to omit the words 'in writing'. This amendment, read with the amendment in item 174, clarifies the status of an instrument (a determination) made under this section.

Item 172 - Paragraphs 3GC(2)(a) and (b)

Item 172 amends paragraphs 3GC(2)(a) and (b) of the Health Insurance Act to omit the words 'in writing'. This amendment, read with the amendment in item 174, clarifies the status of an instrument (a determination) made under this section.

Item 173 - Subsection 3GC(3)

Item 173 amends subsection 3GC(3) of the Health Insurance Act to omit the word 'written'. This amendment, read with the amendment in item 174, clarifies the status of an instrument (a determination) made under this section.

Item 174 - Subsection 3GC(6)

Item 174 repeals subsection 3GC(6) of the Health Insurance Act and inserts a new subsection 3GC(6). Subsection 3GC(6) provides that determinations under this section are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act.

New subsection 3GC(6) provides that a determination under this section is a legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 175 - Sections 4BA and 4BB

Item 175 amends sections 4BA and 4BB of the Health Insurance Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 176 - Section 4BC

Item 176 repeals section 4BC of the Health Insurance Act. This section includes redundant references to the Acts Interpretation Act (following the amendment in item 175) and to the Statutory Rules Publication Act (which has been repealed).

Item 177 - Subsection 6(2)

Item 177 amends subsection 6(2) of the Health Insurance Act to replace 'by order in writing, declare' with 'by legislative instrument, make an order declaring'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 178 - Subsections 6(5), (6), (7) and (8)

Item 178 repeals subsections 6(5), (6), (7) and (8) of the Health Insurance Act. These subsections include redundant references to the Acts Interpretation Act (following the amendment in item 177) and to the Statutory Rules Publication Act (which has been repealed).

Item 179 - Subsection 8A(1)

Item 179 amends subsection 8A(1) of the Health Insurance Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 180 - Subsection 8A(3)

Item 180 repeals subsection 8A(3) of the Health Insurance Act. Subsection 8A(3) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 179.

Item 181- Subsection 19AB(4B)

Item 181 amends subsection 19AB(4B) of the Health Insurance Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 182 - Subsection 19AB(4D)

Item 182 repeals subsection 19AB(4D) of the Health Insurance Act. Subsection 19AB(4D) provides that a determination under subsection (4B) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 181.

Item 183 - Subsection 19C(5)

Item 183 amends subsection 19C(5) of the Health Insurance Act to insert the words ', by legislative instrument,' after the words 'by the Minister'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 184 - Subsection 19C(6)

Item 184 repeals subsection 19C(6) of the Health Insurance Act. Subsection 19C(6) provides that a determination under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 183.

Item 185 - At the end of subsection 20AB(3)

Item 185 inserts the words 'under subsection (6)' at the end of subsection 20AB(3) of the Health Insurance Act. This amendment, read with the amendment in item 187, clarifies the status of an instrument made under this section.

Item 186 - Subsection 20AB(5)

Item 186 amends subsection 20AB(5) of the Health Insurance Act to replace 'in writing by the Minister from time to time' with 'by the Minister under subsection (6)' Subsection 20AB(5) provides that an approval under subsection 20AB(1) is subject to such conditions as are determined by the Minister in writing from time to time. The new subsection 20AB(5), read with the amendment in item 187, clarifies that conditions determined under that subsection are legislative instruments.

Item 187 - Subsection 20AB(6)

Item 187 repeals subsection 20AB(6) of the Health Insurance Act and inserts new subsection 20AB(6). Subsection 20AB(6) provides that guidelines made under subsection (3) and conditions determined under subsection (5) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act.

New subsection 20AB(6) provides that the Minister may, by legislative instrument, make guidelines for the purposes of subsection (3), and determine conditions for the purposes of subsection (5). This amendment has the effect of expressly conferring powers on the Minister to make a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 188 - Paragraph 20AC(1)(a)

Item 188 amends paragraph 20AC(1)(a) of the Health Insurance Act to omit '20AB(3)' and to insert '20AB(6)'. This amendment is consequential to the amendments in items 185 and 187.

Item 189 - Subsection 23DB(1)

Item 189 amends subsection 23DB(1) of the Health Insurance Act to replace 'approve, in writing,' with ', by legislative instrument, approve'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 190 - Subsection 23DB(2)

Item 190 amends subsection 23DB(2) of the Health Insurance Act to replace 'vary, in writing,' with ', by legislative instrument, vary'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 191 - Subsections 23DB(5), (6) and (7)

Item 191 repeals subsections 23DB(5), (6) and (7) of the Health Insurance Act. The reference to the Acts Interpretation Act in subsection 23DB(5) is redundant following the amendments in items 189 and 190. Subsections 23DB(6) and (7) are redundant as they include a reference to the Statutory Rules Publication Act which has been repealed. Item 192 - Subsection 23DBA(1)

Item 192 amends subsection 23DBA(1) of the Health Insurance Act to replace 'a determination in writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 193 - Subsection 23DBA(3)

Item 193 repeals subsection 23DBA(3) of the Health Insurance Act. Subsection 23DBA(3) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 192.

Item 194 - Paragraph 23DC(2)(c)

Item 194 amends paragraph 23DC(2)(c) of the Health Insurance Act to replace ', in writing,' with 'under subsection (12)'. This amendment, read with the amendment in item 195, clarifies the status of an instrument made under this section.

Item 195 - Subsections 23DC(12), (13) and (14)

Item 195 repeals subsections 23DC(12), (13) and (14) of the Health Insurance Act and inserts a new subsection 23DC(12) which provides that the Minister may, by legislative instrument, determine particulars for the purposes of subsection (2). This amendment removes redundant references to the Acts Interpretation Act and the Statutory Rules Publication Act (which has been repealed) and expressly provides that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 196 - Paragraph 23DF(2)(c)

Item 196 amends paragraph 23DF(2)(c) of the Health Insurance Act to replace ', in writing,' with 'under subsection (13)'. This amendment, read with the amendment in item 197, clarifies the status of an instrument made under this section.

Item 197 - Subsections 23DF(13), (14) and (15)

Item 197 repeals subsections 23DF(13), (14) and (15) of the Health Insurance Act and inserts a new subsection 23DF(13) which provides that the Minister may, by legislative instrument, determine particulars for the purposes of subsection (2). This amendment removes redundant references to the Acts Interpretation Act and the Statutory Rules Publication Act (which has been repealed) and expressly confers the power on the Minister to make a legislative instrument. The user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 198 - Subsection 23DNBA(4)

Item 198 amends subsection 23DNBA(4) of the Health Insurance Act to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 199 - Subsection 23DNBA(6)

Item 199 repeals subsection 23DNBA(6) of the Health Insurance Act. Subsection 23DNBA(6) provides that a determination under subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 198.

Item 200 - Subsection 23DSB(1)

Item 200 amends subsection 23DSB(1) of the Health Insurance Act to replace 'The Minister may approve, in writing, for the purposes of this Act' with 'For the purposes of this Act, the Minister may, by legislative instrument, approve'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 201 - Subsection 23DSB(3)

Item 201 repeals subsection 23DSB(3) of the Health Insurance Act. Subsection 23DSB(3) provides that an approval is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 200.

Item 202 - Subsection 23DU(1)

Item 202 amends subsection 23DU(1) of the Health Insurance Act to omit '(1)'. This amendment is consequential to the amendment in item 204.

Item 203 - Subsection 23DU(1)

Item 203 amends subsection 23DU(1) of the Health Insurance Act to replace 'determine, in writing,' with ', by legislative instrument, determine'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 204 - Subsection 23DU(2)

Item 204 repeals subsection 23DU(2) of the Health Insurance Act. Subsection 23DU(2) provides that a determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 203.

Item 205 - Subsection 124H(1)

Item 205 amends subsection 124H(1) of the Health Insurance Act to replace 'by instrument in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 206 - Subsections 124H(3), (4) and (5)

Item 206 repeals subsection 124H(3), (4) and (5) of the Health Insurance Act. These subsections include redundant references to the Acts Interpretation Act (following the amendment in item 205) and to the Statutory Rules Publication Act (which has been repealed).

Item 207 - Subsection 124X(1)

Item 207 amends subsection 124X(1) of the Health Insurance Act to replace 'by signed writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 208 - Section 124ZA

Item 208 repeals section 124ZA of the Health Insurance Act. Section 124ZA provides that an instrument of declaration made under section 124X is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 207.

Hearing Services Administration Act 1997

Item 209 - Subsection 5(3)

Item 209 amends subsection 5(3) of the Hearing Services Administration Act 1997 to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 210 - Subsection 5(4)

Item 210 repeals subsection 5(4) of the Hearing Services Administration Act. Subsection 5(4) provides that a determination under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 209.

Item 211 - Subsection 11(1)

Item 211 amends subsection 11(1) of the Hearing Services Administration Act to replace 'written instrument' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 212 - Subsection 11(5)

Item 212 repeals subsection 11(5) of the Hearing Services Administration Act. Subsection 11(5) provides that rules under subsection (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 211.

Item 213 - Subsection 13(1)

Item 213 amends subsection 13(1) of the Hearing Services Administration Act to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 214 - Subsection 13(4)

Item 214 repeals subsection 13(4) of the Hearing Services Administration Act. Subsection 13(4) provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 213.

Item 215 - Subsection 15(1)

Item 215 amends subsection 15(1) of the Hearing Services Administration Act to replace 'written instrument' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 216 - Subsection 15(8)

Item 216 repeals subsection 15(8) of the Hearing Services Administration Act. Subsection 15(8) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 215.

Item 217 - Subsection 17(1)

Item 217 amends subsection 17(1) of the Hearing Services Administration Act to replace 'written instrument' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 218 - Subsection 17(7)

Item 218 repeals subsection 17(7) of the Hearing Services Administration Act. Subsection 17(7) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 217.

High Court of Australia Act 1979

Item 219 - Subsection 19(2)

Item 219 amends subsection 19(2) of the High Court of Australia Act 1979 to replace 'in writing' with ', by legislative instrument,'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 220 - Subsections 19(3), (4) and (5)

Item 220 repeals subsections 19(3), (4) and (5) of the High Court of Australia Act and inserts a new subsection (3) which provides that directions under subsection (2) commence at the start of the day after the day they are registered under the Legislation Act. This amendment removes a redundant reference to the Acts Interpretation Act and, read with the amendment in item 219, clarifies the status and commencement of an instrument made under subsection (2). This amendment does not change the legal effect of the Act, except to expressly apply the default commencement rule under new paragraph 12(1)(a) of the Legislation Act.

Horticulture Marketing and Research and Development Services Act 2000

Item 221 - Subsection 19(1)

Item 221 amends subsection 19(1) of the Horticulture Marketing and Research and Development Services Act 2000 to insert ', by legislative instrument,' after the words 'Secretary may'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 222 - Subsection 19(1) (note 1)

Item 222 repeals the note in subsection 19(1) of the Horticulture Marketing and Research and Development Services Act. The note explained that further provisions about orders are contained in section 35. This amendment is consequential to the amendments in items 227, 231 and 232.

Item 223 - Subsection 19(1) (note 2)

Item 223 amends subsection 19(1) of the Horticulture Marketing and Research and Development Services Act to replace 'Note 2' with 'Note'. This amendment is consequential to the amendment in item 222.

Item 224 - Subsection 19(2)

Item 224 amends subsection 19(2) of the Horticulture Marketing and Research and Development Services Act to replace 'on which the order is notified in the Gazette' with 'that the order is registered under the Legislation Act 2003'. This amendment is consequential to the amendment in item 221, as the instrument will be published on the new Register and will not need to be notified in the Gazette.

Item 225 - Subsection 19(2) (note)

Item 225 repeals the note in subsection 19(2) of the Horticulture Marketing and Research and Development Services Act. The note is redundant following the amendments in item 221, 227, 231 and 232.

Item 226 - Subsection 19(3)

Item 226 repeals subsection 19(3) of the Horticulture Marketing and Research and Development Services Act. Subsection 19(3) refers to publication requirements and is redundant following the amendment in item 221.

Item 227 - At the end of section 19

Item 227 inserts subsection (5) at the end of section 19 of the Horticulture Marketing and Research and Development Services Act to provide that an order made under this section is taken to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975. This is currently provided in subsection 35(5) of the Horticulture Marketing and Research and Development Services Act. This amendment, together with the amendment made by item 232, ensures provisions in relation to section 19 orders are consolidated within the section.

Item 228 - Subsection 20(1)

Item 228 amends subsection 20(1) of the Horticulture Marketing and Research and Development Services Act to insert the words 'by legislative instrument,' after the words 'The Secretary may'. This amendment has the effect of expressly providing that an instrument made to revoke an Order made under section 19 is a legislative instrument. This amendment does not change the effect of the provision.

Item 229 - Subsections 20(2), (3) and (4)

Item 229 repeals subsections 20(2), (3) and (4) of the Horticulture Marketing and Research and Development Services Act, and inserts a new subsection (2). Subsections 20(2), (3) and (4) provide requirements for the publication and time of effect of a revocation under subsection 20(1).

New subsection 20(2) provides that the revocation has effect from a day specified in the revocation, which must be after the day that the revocation is registered under the Legislation Act. This amendment retains the current approach for the time of effect of a revocation.

Item 230 - Subsection 35(1)

Item 230 amends subsection 35(1) of the Horticulture Marketing and Research and Development Services Act to insert the words ', by legislative instrument,' after the words 'Secretary may'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 231 - Subsections 35(2), (3) and (4)

Item 231 repeals subsections 35(2), (3) and (4) of the Horticulture Marketing and Research and Development Services Act. The reference to the Acts Interpretation Act in subsection 35(2) is redundant following the amendment in item 230.Subsections 35(3) and (4) are redundant as they include a reference to the Statutory Rules Publication Act which has been repealed.

Item 232 - Subsection 35(5)

Item 232 amends subsection 35(5) of the Horticulture Marketing and Research and Development Services Act to omit 'or section 19'. This amendment is consequential to the amendment in item 227.

Imported Food Control Act 1992

Item 233 - Subsection 3(1) (paragraphs (a) and (c) of the definition of examinable food)

Item 233 amends Subsection 3(1) (paragraphs (a) and (c) of the definition of examinable food) of the Imported Food Control Act 1992, to replace 'under paragraph 16(2)(a)' with 'made for the purposes of paragraph 16(2)(a)'. This amendment clarifies that orders referenced in these paragraphs are made for the purposes of paragraph 16(2)(a) rather than are made under paragraph 16(2)(a). This amendment is consequential to the amendment made by item 236.

Item 234 - Paragraph 16(2)(a)

Item 234 amends paragraph 16(2)(a) of the Imported Food Control Act to omit the words 'and, from time to time, to vary orders so made', which are unnecessary. This is further clarified in the note in new subsection 16(5) (item 236).

Item 235 - Paragraph 16(2)(b)

Item 235 amends paragraph 16(2)(b) of the Imported Food Control Act to replace 'under' with 'for the purposes of'. This amendment clarifies that orders are made for the purposes of paragraph 16(2)(a) rather than are made under paragraph 16(2)(a).

Item 236 - At the end of section 16

Item 236 adds new subsection (5) at the end of section 16 of the Imported Food Control Act to provide that an order made by the Minister for the purposes of paragraph (2)(a) is a legislative instrument. This item also includes a note to provide that the order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the Acts Interpretation Act). This amendment has the effect of expressly providing that the instrument is a legislative instrument. This includes an instrument of variation or revocation. This clarifies the status of an order to reflect its current status and does not change the effect of the provision.

Item 237 - Section 17

Item 237 repeals section 17 of the Imported Food Control Act and inserts a new section 17. The repeal of section 17 removes a redundant reference to the Acts Interpretation Act following the amendment in item 236, and references to the Statutory Rules Publication Act which has been repealed.

New section 17 retains the effect of existing subsection 17(1) to provide that the Minister must not make an order for the purposes of paragraph 16(2)(a) without first consulting Food Standards Australia New Zealand. This item also inserts a note to provide that the order may be varied or revoked by the Minister in the same way as it is made, and subject to the same conditions (see subsection 33(3) of the Acts Interpretation Act).

Industrial Chemicals (Notification and Assessment) Act 1989

Item 238 - Subsection 105(1)

Item 238 amends subsection 105(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 to replace 'by instrument published in the Chemical Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 239 - Subsection 105(2)

Item 239 repeals subsection 105(2) of the Industrial Chemicals (Notification and Assessment) Act and inserts a new subsection 105(2). Subsection 105(2) provides that the instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 238.

New subsection 105(2) provides that in addition to the requirement under the Legislation Act that the instrument be registered on the new Register, a copy must also be published in the Chemical Gazette. A failure to publish a copy of the instrument in the Chemical Gazette will not affect the validity or enforceability of the instrument. This reflects the existing publication practice.

Interactive Gambling Act 2001

Item 240 - Subsection 9A(1)

Item 240 amends subsection 9A(1) of the Interactive Gambling Act 2001 to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 241 - Subsection 9A(6)

Item 241 repeals subsection 9A(6) of the Interactive Gambling Act. Subsection 9A(6) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 240.

Item 242 - Subsection 10(1)

Item 242 amends subsection 10(1) of the Interactive Gambling Act to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 243 - Subsection 10(3)

Item 243 repeals subsection 10(3) of the Interactive Gambling Act. Subsection 10(3) provides that a determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 242.

Item 244 - Subsection 24(5)

Item 244 amends subsection 24(5) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 245 - Subsection 24(7)

Item 245 repeals subsection 24(7) of the Interactive Gambling Act. Subsection 24(7) provides that an instrument under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 244.

Item 246 - Subsection 31(1)

Item 246 amends subsection 31(1) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 247 - Subsection 31(4)

Item 247 repeals subsection 31(4) of the Interactive Gambling Act. Subsection 31(4) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 246.

Item 248 - Subsection 44(2)

Item 248 amends subsection 44(2) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 249 - Subsection 44(4)

Item 249 repeals subsection 44(4) of the Interactive Gambling Act. Subsection 44(4) provides that a standard under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 248.

Item 250 - Subsection 45(2)

Item 250 amends subsection 45(2) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 251 - Subsection 45(3)

Item 251 repeals subsection 45(3) of the Interactive Gambling Act. Subsection 45(3) provides that a standard under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 250.

Item 252 - Subsection 46(3)

Item 252 amends subsection 46(3) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 253 - Subsection 46(5)

Item 253 repeals subsection 46(5) of the Interactive Gambling Act. Subsection 46(5) provides that a standard under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 252.

Item 254 - Subsection 47(3)

Item 254 amends subsection 47(3) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 255 - Subsection 47(5)

Item 255 repeals subsection 47(5) of the Interactive Gambling Act. Subsection 47(5) provides that a standard under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 254.

Item 256 - Subsection 50(1)

Item 256 amends subsection 50(1) of the Interactive Gambling Act to replace '(1) The ACMA may, by written' with 'The ACMA may, by legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 257 - Subsection 50(2)

Item 257 repeals subsection 50(2) of the Interactive Gambling Act. Subsection 50(2) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 256.

Item 258 - Subsection 51(1)

Item 258 amends subsection 51(1) of the Interactive Gambling Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 259 - Subsection 51(3)

Item 259 repeals subsection 51(3) of the Interactive Gambling Act. Subsection 51(3) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 258.

National Blood Authority Act 2003

Item 260 - Paragraph 8(1)(j)

Item 260 amends paragraph 8(1)(j) of the National Blood Authority Act 2003 to replace 'written notice' with 'notice under subsection (2)'. This amendment, read with the amendment in item 265, clarifies the status of an instrument made under this paragraph.

Item 261 - Subsection 8(2)

Item 261 repeals subsection 8(2) of the National Blood Authority Act and inserts a new subsection (2). Subsection 8(2) provides that a notice given under paragraph (1)(j) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 8(2) provides that the Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(j). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 262 - Paragraph 13(1)(d)

Item 262 amends paragraph 13(1)(d) of the National Blood Authority Act to replace 'written notice' with 'notice under subsection (2)'. This amendment, read with the amendment in item 263, clarifies the status of an instrument made under this paragraph.

Item 263- Subsection 13(2)

Item 263 repeals subsection 13(2) of the National Blood Authority Act and inserts a new subsection 13(2). Subsection 13(2) provides that a notice given under paragraph (1)(d) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 13(2) provides that the Minister may, by legislative instrument, make a notice for the purposes of paragraph (1)(d). This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 264 - Subsections 18(1) and (3)

Item 264 amends subsections 18(1) and (3) of the National Blood Authority Act to replace 'written determination made by the Minister' with 'determination made by the Minister under subsection (4)'. This amendment, read with the amendment in item 265, clarifies the status of an instrument made under these subsections.

Item 265 - Subsection 18(4)

Item 265 repeals subsection 18(4) of the National Blood Authority Act and inserts a new subsection 18(4). Subsection 18(4) provides that a determination made under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 18(4) provides that the Minister may, by legislative instrument, make a determination for the purposes of subsection (1) or (3). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 266 - Subsection 22(1)

Item 266 amends subsection 22(1) of the National Blood Authority Act to replace 'determine in writing' with ', by legislative instrument, determine'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 267 - Subsection 22(3)

Item 267 repeals subsection 22(3) of the National Blood Authority Act. Subsection 22(3) provides that a determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 266.

Item 268 - Subsections 30(1) and (2)

Item 268 amends subsections 30(1) and (2) of the National Blood Authority Act to replace 'written determination made by the Minister' with 'determination made by the Minister under subsection (3)'. This amendment, read with the amendment in item 269, clarifies the status of an instrument made under this section.

Item 269 - Subsection 30(3)

Item 269 repeals subsection 30(3) of the National Blood Authority Act and inserts a new subsection 30(3). Subsection 30(3) provides that a determination made under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 30(3) provides that the Minister may, by legislative instrument, make a determination for the purposes of subsection (1) or (2). This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 270 - Subsections 39(1) and (3)

Item 270 amends subsections 39(1) and (3) of the National Blood Authority Act to replace 'written determination made by the Minister' with 'determination made by the Minister under subsection (4)'. This amendment, read with the amendment in item 271, clarifies the status of an instrument made under this section.

Item 271 - Subsection 39(4)

Item 271 repeals subsection 39(4) of the National Blood Authority Act and inserts a new subsection 39(4). Subsection 39(4) provides that a determination made under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 39(4) provides that the Minister may, by legislative instrument, make a determination for the purposes of subsection (1) or (3). This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

National Environment Protection Measures (Implementation) Act 1998

Item 272 - Subsection 37(3)

Item 272 amends subsection 37(3) of the National Environment Protection Measures (Implementation) Act 1998 to replace ', by order published in the Gazette, prohibit or restrict' with ', by legislative instrument, make an order that prohibits or restricts'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 273 - Subsection 37(4)

Item 273 repeals subsection 37(4) of the National Environment Protection Measures (Implementation) Act. Subsection 37(4) provides that an order made under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 272.

National Health Act 1953

Item 274 - Subsection 84(1) (definition of CTS claim)

Item 274 amends subsection 84(1) (definition of CTS claim) of the National Health Act 1953 to omit the words 'of the National Health Act 1953'. This is a drafting correction to remove an unnecessary reference and it does not change the effect of the provision.

Item 275 - Subparagraph 86D(1)(b)(iii)

Item 275 amends subparagraph 86D(1)(b)(iii) of the National Health Act to replace 'written determination made by the Minister for the purposes of this subsection' with 'determination made by the Minister under subsection (5)'. This amendment, read with the amendment in item 277, clarifies the status of an instrument made under this section.

Item 276 - Subsection 86D(5) (heading)

Item 276 repeals the heading of subsection 86D(5) of the National Health Act ('Determinations are disallowable instruments') and inserts a new heading, 'Determinations are legislative instruments'. This amendment is consequential to the amendment in item 277.

Item 277 - Subsection 86D(5)

Item 277 repeals subsection 86D(5) of the National Health Act and inserts a new subsection 86D(5). Subsection 86D(5) provides that ministerial determinations for the purposes of subsection (1) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act.

New subsection 86D(5) provides that for the purposes of subsection (1), the Minister may, by legislative instrument, determine a person to be capable of giving an authorisation. This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 278 - Subsection 86E(1)

Item 278 amends subsection 86E(1) of the National Health Act to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 279 - Subsection 86E(5)

Item 279 repeals subsection 86E(5) of the National Health Act. Subsection 86E(5) provides that ministerial determinations under subsection (1) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 278.

Item 280 - Subparagraph 88AA(1)(b)(iii)

Item 280 amends subparagraph 88AA(1)(b)(iii) of the National Health Act to replace 'written determination made by the Minister for the purposes of this subsection' with 'determination made by the Minister under subsection (4)'. This amendment, read with the amendment in item 281, clarifies the status of an instrument made under this section.

Item 281 - Subsection 88AA(4)

Item 281 repeals subsection 88AA(4) of the National Health Act and inserts a new subsection 88AA(4). Subsection 88AA(4) provides that ministerial determinations for the purposes of subsection (1) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act.

New subsection 88AA(4) provides that, for the purposes of subsection (1), the Minister may, by legislative instrument, determine a person to be capable of giving an authorisation. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 282 - Paragraph 90E(c)

Item 282 amends paragraph 90E(c) of the National Health Act to replace 'under paragraph 92A(1)(f)' with 'for the purposes of paragraph 92A(1)(f)'. This amendment clarifies that a determination is made for the purposes of paragraph 92A(1)(f) rather than made under paragraph 92A(1)(f) and is consequential to the amendments made in items 286 and 287.

Item 283 - Paragraph 91(2)(c)

Item 283 amends paragraph 91(2)(c) of the National Health Act to replace 'in writing by the Secretary for the purposes of this paragraph' with 'by the Secretary under subsection (3)'. This amendment, read with the amendment in item 284, clarifies the status of an instrument made under this section.

Item 284 - Subsection 91(3)

Item 284 repeals subsection 91(3) of the National Health Act and inserts a new subsection 91(3). Subsection 91(3) provides that a determination made for the purposes of paragraph (2)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 91(3) provides that, for the purposes of paragraph (2)(c), the Secretary may, by legislative instrument, determine kinds of documentary evidence. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 285 - Paragraph 91(7)(d)

Item 285 amends paragraph 91(7)(d) of the National Health Act to replace 'under paragraph 92A(1)(f)' with 'for the purposes of paragraph 92A(1)(f)'. This amendment clarifies that a determination is made for the purposes of paragraph 92A(1)(f) rather than made under paragraph 92A(1)(f) and is consequential to the amendments made in items 286 and 287.

Item 286 - At the end of paragraph 92A(1)(f)

Item 286 inserts the words 'under subsection (1A)' at the end of paragraph 92A(1)(f) of the National Health Act. This amendment, read with the amendment in item 287, clarifies the status of an instrument made under this section.

Item 287 - Subsection 92A(1A)

Item 287 repeals subsection 92A(1A) of the National Health Act and inserts a new 92(1A). Subsection 92A(1A) provides that a determination under paragraph (1)(f) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act.

New subsection 92A(1A) provides that, for the purposes of paragraph (1)(f), the Minister may, by legislative instrument, determine conditions. This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 288 - Subsection 98C(1)

Item 288 amends subsection 98C(1) of the National Health Act to replace 'from time to time' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 289 - Section 98D

Item 289 repeals section 98D of the National Health Act. Section 98D provides for the form and date of operation of determinations under section 98C. This section is redundant following the amendment in item 288.

Item 290 - Subsection 99(8)

Item 290 amends subsection 99(8) of the National Health Act to replace 'by written determination' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 291 - Subsection 99(9)

Item 291 repeals subsection 99(9) of the National Health Act. Subsection 99(9) provides that ministerial determinations for the purposes of subsection (8) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 290.

Item 292 - Subsection 99AAC(2)

Item 292 amends subsection 99AAC(2) of the National Health Act to replace 'determine, in writing,' with ', by legislative instrument, determine'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 293 - Subsection 99AAC(3)

Item 293 repeals subsection 99AAC(3) of the National Health Act. Subsection 99AAC(3) provides that a determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 292.

Item 294 - Subsection 99L(1)

Item 294 amends subsection 99L(1) of the National Health Act to replace '(1) The Minister must, by writing' with 'The Minister must, by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. Item 295 - Subsection 99L(2)

Item 295 repeals subsection 99L(2) of the National Health Act. Subsection 99L(2) provides that a determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 294.

Item 296 - Subsections 99ZS(1) and (2)

Item 296 amends subsections 99ZS(1) and (2) of the National Health Act to replace 'notice in writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 297 - Subsection 99ZS(3)

Item 297 amends subsection 99ZS(3) of the National Health Act to replace 'written notice' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 298 - Subsections 99ZS(4) and (5)

Item 298 repeals subsections 99ZS(4) and (5) of the National Health Act and inserts a new subsection 99ZS(4). Subsection 99ZS(4) provides that guidelines are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act and subsection 99ZS(5) provides for when guidelines take effect.

New subsection 99ZS(4) provides for when Guidelines take effect, with reference to the Legislation Act. This amendment retains the effect of the provision, in terms of when guidelines take effect. Item 299 - Section 139B

Item 299 repeals section 139B of the National Health Act. Section 139B provides that certain instruments are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This section is redundant following the amendment in item 288.

National Transmission Network Sale Act 1998

Item 300 - Section 3

Item 300 amends section 3 of the National Transmission Network Sale Act 1998 to replace 'In this Act, unless the contrary intention appears:' with '(1) In this Act:'. This is a consequential amendment following the amendment in item 303.

Item 301 - Section 3 (definition of declared remote area)

Item 301 amends the definition of declared remote area in section 3 of the National Transmission Network Sale Act to replace ', in writing,' with 'under subsection (2)'. This amendment, read with the amendment in item 303, clarifies the status of an instrument made under this section.

Item 302 - Section 3 (paragraph (b) of the definition of emergency service organisation)

Item 302 amends the definition of emergency remote area in section 3 of the National Transmission Network Sale Act to replace ', in writing,' with 'under subsection (2)'. This amendment, read with the amendment in item 303, clarifies the status of an instrument made under this section.

Item 303 - At the end of section 3

Item 303 inserts new subsection (2) at the end of section 3 of the National Transmission Network Sale Act to provide that the Minister may, by legislative instrument, specify certain things as provided for in the definitions of declared remote area and emergency service organisation. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 304 - Subsection 16(5)

Item 304 amends subsection 16(5) of the National Transmission Network Sale Act to replace ', in writing,' with 'under subsection (5A)'. This amendment, read with the amendment in item 305, clarifies the status of an instrument made under this section.

Item 305 - After subsection 16(5)

Item 305 inserts new subsection (5A) after subsection 16(5) of the National Transmission Network Sale Act to provide that the Minister may, by legislative instrument, specify a level for the purposes of this section. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 306 - Subsection 18(5)

Item 306 amends subsection 18(5) of the National Transmission Network Sale Act to replace 'in the Gazette' with 'under subsection (6)'. This amendment, read with the amendment in item 307, clarifies the status of an instrument made under this section.

Item 307 - At the end of section 18

Item 307 inserts new subsection (6) at the end of section 18 of the National Transmission Network Sale Act to provide that the Minister may, by legislative instrument, give a notice for the purposes of subsection (5) in relation to assets. This amendment has the effect of expressly conferring power on the Minister to make a legislative instrument. A user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 308 - Section 29

Item 308 repeals section 29 of the National Transmission Network Sale Act. Section 29 provides that certain instruments made under the Act are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act. This section is redundant following the amendments in items 303, 305 and 307.

National Transport Commission Act 2003

Item 309 - Subsection 7(3)

Item 309 amends the National Transport Commission Act 2003 to replace 'section 49A of the Acts Interpretation Act 1901' with 'section 14 of the Legislation Act 2003'. These provisions relate to prescribing matters by reference to other instruments. This amendment updates the reference to the Acts Interpretation Act to reference the Legislation Act. This amendment does not change the effect of the provision.

Item 310 - Subsection 7(4)

Item 310 repeals subsection 7(4) of the National Transport Commission Act which provides that subsections 48(3) to (7) and sections 48A to 49 of the Acts Interpretation Act do not apply to regulations made for the purposes of this section. These references to the Acts Interpretation Act are redundant because the regulations made under the National Transport Commission Act were made exempt from disallowance by item 7 of Schedule 2 to the Legislative Instruments Regulations. This exemption will be retained in the new Legislation Act regime.

Primary Industries Levies and Charges Collection Act 1991

Item 311 - Subsections 31(3) to (5)

Item 311 repeals subsections 31(3) to (5) of the Primary Industries Levies and Charges Collection Act 1991 which include redundant references to the Acts Interpretation Act and to the Statutory Rules Publication Act (which has been repealed), and inserts a new subsection 31(3).

New subsection 31(3) provides that an order is a legislative instrument. This amendment has the effect of expressly providing that the instrument referred to in this section is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision. Primary Industry Councils Act 1991

Item 312 - Subsections 38(3) to (5)

Item 312 repeals subsections 38(3) to (5) of the Primary Industry Councils Act 1991 which include redundant references to the Acts Interpretation Act and to the Statutory Rules Publication Act (which has been repealed), and inserts a new subsection 38(3).

New subsection 38(3) provides than an order is a legislative instrument. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Radiocommunications Act 1992

Item 313 - Subsections 30(1) and 32(1)

Item 313 amends subsections 30(1) and 32(1) of the Radiocommunications Act 1992 to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument within this provision rather than in section 35 (see item 314). This amendment does not change the effect of the provision.

Item 314 - Section 35

Item 314 repeals section 35 of the Radiocommunications Act. Section 35 provides that plans under section 30 are legislative instruments. This provision is redundant following the amendment in item 313.

Item 315 - Subsection 132(1)

Item 315 amends subsection 132(1) of the Radiocommunications Act to replace 'notice published in the Gazette' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument within this provision rather than in section 139 (see item 317). This amendment does not change the effect of the provision.

Item 316 - Subsection 133(3)

Item 316 repeals subsection 133(3) of the Radiocommunications Act which provides that a notice published in the Gazette must include all the conditions of a licence. This provision is redundant following the amendment in item 313.

Item 317 - Section 139

Item 317 repeals section 139 of the Radiocommunications Act. Section 139 provides that a class licence (issued under section 132(1)) is a legislative instrument. This provision is redundant following the amendment in item 315.

Item 318 - Subsection 182(1)

Item 318 amends subsection 182(1) of the Radiocommunications Act to replace 'by notice published in the Gazette, require' with 'by legislative instrument, give notice requiring'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 319 - Subsection 182(5)

Item 319 repeals subsection 182(5) of the Radiocommunications Act. Subsection 182(5) provides that a notice is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 318.

Item 320 - Subsection 187A(1)

Item 320 amends subsection 187A(1) of the Radiocommunications to replace 'publishes' with 'gives'. This amendment is consequential to the amendment in item 318.

Item 321 - Subsection 190(1)

Item 321 amends subsection 190(1) of the Radiocommunications Act to replace 'by notice published in one or more newspapers circulating generally in the capital city of each State and Territory,' with 'by legislative instrument,'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 322 - Subsection 190(1)

Item 322 amends subsection 190(1) of the Radiocommunications Act to replace the last reference to 'notice' with 'declaration'. This amendment clarifies that an instrument made under this subsection is a declaration.

Item 323 - After subsection 190(1)

Item 327 inserts new subsection 190(1A) after subsection 190(1) of the Radiocommunciations Act. New Subsection 190(1A) provides that a declaration under subsection (1) must be published on the ACMA's website, and in one or more other forms that are readily accessible by the public. The example clarifies that the second form of publication can be on a website other than the ACMA's website.

Item 324 - Subsections 190(3) and (4)

Item 324 repeals subsections 190(3) and (4) of the Radiocommunications Act. Subsection 190(3) provides a redundant reference to the Acts Interpretation Act (following the amendment in item 321) and subsection 190(4) provides a redundant reference to the Statutory Rules Publication Act (which has been repealed).

Telecommunications Act 1997

Item 325 - Subsections 63(1), (2), (3), (5) and (6)

Item 325 amends subsections 63(1), (2), (3), (5) and (6) of the Telecommunications Act 1997 to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 326 - Subsections 63(10), (11) and (13)

Item 326 repeals subsections 63(10), (11), and (13) of the Telecommunications Act. These subsections are redundant following the amendment in item 325 as they include requirements for gazettal and date of effect, and reference section 46A of the Acts Interpretation Act.

Item 327 - Subsection 376(1)

Item 327 amends subsection 376(1) of the Telecommunications Act to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 328 - Subsections 376(5) and (6)

Item 328 repeals subsections 376(5) and (6) of the Telecommunications Act. These subsections are redundant following the amendment in item 327 as they include requirements for date of effect of an instrument with reference to notification in the Gazette, and reference section 46A of the Acts Interpretation Act.

Item 329 - Subsection 380(1)

Item 329 amends subsection 380(1) of the Telecommunications Act to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 330 - Subsections 380(4) and (5)

Item 330 repeals subsections 380(4) and (5) of the Telecommunications Act. These subsections are redundant following the amendment in item 329 as they include requirements for date of effect of an instrument with reference to notification in the Gazette, and reference section 46A of the Acts Interpretation Act.

Item 331 - Subsection 384(1)

Item 331 amends subsection 384(1) of the Telecommunications Act to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 332 - Subsections 384(7) and (8)

Item 332 repeals subsections 384(7) and (8) of the Telecommunications Act. These subsections are redundant following the amendment in item 331 as they include requirements for date of effect of an instrument with reference to notification in the Gazette, and reference section 46A of the Acts Interpretation Act.

Item 333 - Subsection 419(1)

Item 333 amends subsection 419(1) of the Telecommunications Act to replace 'by notice in the Gazette' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 334 - Subsection 419(4)

Item 334 repeals subsection 419(4) of the Telecommunications Act. Subsection 419(4) provides that a declaration under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 333.

Item 335 - Subsection 450(1)

Item 335 amends subsection 450(1) of the Telecommunications Act to replace 'written' with 'legislative'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 336 - Subsection 450(4)

Item 336 repeals subsection 450(4) of the Telecommunications Act. Subsection 450(4) provides that an instrument under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 335. Telstra Corporation Act 1991

Item 337 - Subsection 8AUA(1)

Item 337 amends subsection 8AUA(1) of the Telstra Corporation Act 1991 to replace 'by written instrument' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 338 - Subsection 8AUA(3)

Item 338 repeals subsection 8AUA(3) of the Telstra Corporation Act. Subsection 8AUA(3) provides that an instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 337.

Tobacco Advertising Prohibition Act 1992

Item 339 - Subsection 17(4)

Item 339 amends subsection 17(4) of the Tobacco Advertising Prohibition Act 1992 to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 340 - Subsection 17(5)

Item 340 repeals subsection 17(5) of the Tobacco Advertising Prohibition Act. Subsection 17(5) provides that an instrument under subsection (4) determining guidelines is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 339.

Item 341 - Subsection 18(5)

Item 341 amends subsection 18(5) of the Tobacco Advertising Prohibition Act to replace 'writing' with 'legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 342 - Subsection 18(6)

Item 342 repeals subsection 18(6) of the Tobacco Advertising Prohibition Act. Subsection 18(6) provides that an instrument under subsection (5) determining guidelines is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 341.

Trade Representatives Act 1933

Item 343 - Subsection 11(1)

Item 343 amends subsection 11(1) of the Trade Representatives Act 1933 to replace 'make determinations in writing' with ', by legislative instrument, make determinations'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 344 - Subsections 11(5), (6), (7), (8) and (9)

Item 344 repeals subsections 11(5), (6), (7), (8), and (9) of the Trade Representatives Act, which provide requirements for the gazettal, commencement and citation of determinations made under subsection 11(1). These provisions are redundant following the amendment in item 343, and reliance on the requirements of the Legislation Act.

Item 345 - Section 11A

Item 345 repeals section 11A of the Trade Representatives Act. This section includes redundant references to the Acts Interpretation Act (following the amendment in item 343) and to the Statutory Rules Publication Act (which has been repealed).

Wool Services Privatisation Act 2000

Item 346 - Subsection 30(1)

Item 346 amends subsection 30(1) of the Wool Services Privatisation Act 2000 to replace 'in writing' with 'by legislative instrument'. This amendment has the effect of expressly providing that the instrument is a legislative instrument. This means that the user does not need to refer to another Act to determine the status of the instrument. This amendment does not change the effect of the provision.

Item 347 - Subsection 30(3)

Item 351 repeals subsection 30(3) of the Wool Services Privatisation Act. Subsection 30(3) provides that a declaration under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act. This reference to the Acts Interpretation Act is redundant following the amendment in item 346.

Part 3 - SAVING AND TRANSITIONAL

Item 348 - Saving - validity and enforcement of instruments

Item 348 provides that an amendment of an Act made by Part 2 of this Schedule does not affect the validity or enforceability of an instrument made under that Act before the commencement of this Schedule.

Item 349 - Transitional-change of provision under which instrument is made

Item 349 provides transitional arrangements for instruments made under a provision of an Act before the amendments made by Part 2, and that for which the enabling provision changes after the commencement of the amendments made by Part 2.

This provides that an instrument made expressly or by implication and in force before the commencement of the amendments in Part 2, continues in force, and can be amended or repealed as if it has been made following the commencement of amendments in Part 2.

This transitional will apply for example, to the amendments in items 282-287 to the National Health Act, to ensure that an instrument that has already been made under paragraph 92A(1)(f) continues in force and can be amended or repealed as it is had been made under the amended section 92A(1A).


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