Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 1 - Amendment of principal Acts
14 The items in this Schedule amend errors contained in principal Acts, remove redundant text from principal Acts or renumber text within principal Acts.
Item 1
15 The Aged Care Act 1997 contains two provisions numbered subparagraph 52F-3(2)(e)(ii). Item 1 renumbers the second subparagraph as subparagraph (iii).
Item 2
16 Subparagraph 52G-2(e)(i) of the Aged Care Act 1997 contains a typographical error as the subparagraph refers to "rules set out this Division" rather than "rules set out in this Division". Item 2 corrects that typographical error.
Item 3
17 Item 3 repeals the redundant definition of capital expenditure in the Dictionary in Schedule 1 to the Aged Care Act 1997. That definition is redundant as it says the term has the meaning given by the repealed subsection 57-17A(2) and the only provisions where that phrase is used in the Act provide an alternative meaning, which is "capital expenditure of a kind specified in the Fees and Payments Principles".
Item 4
18 Paragraph (b) of the definition of protected chemical product in section 3 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains a punctuation error as it refers to "has ended, or will end" rather than "has ended, or will en d,". Item 4 corrects that punctuation error.
Item 5
19 Paragraph (a) of the definition of relevant particulars in section 3 of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to paragraph 19(1)(c) of the Code. However, section 19 is not divided into subsections. The correct provision to refer to is paragraph 19(c) of the Code, as it deals with the right topic. Item 5 corrects the cross-reference.
Item 6
20 Subsection 14A(3) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to paragraph 19(1)(a) of the Code. However, section 19 is not divided into subsections. The correct provision to refer to is paragraph 19(a) of the Code, as it deals with the right topic. Item 6 corrects the cross-reference.
Item 7
21 Subsection 34J(5A) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to subsection 3(1) of the Code. However, section 3 is not divided into subsections. The correct provision to refer to is section 3 of the Code, as it deals with the right topic. Item 7 corrects the cross-reference.
Item 8
22 Subparagraph 160A(4)(a)(ii) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to paragraph 19(1)(c) of the Code. However, section 19 is not divided into subsections. The correct provision to refer to is paragraph 19(c) of the Code, as it deals with the right topic. Item 8 corrects the cross-reference.
Item 9
23 The Tribunals Amalgamation Bill 2015 (which was enacted as the Tribunals Amalgamation Act 2015) included item 22 of Schedule 5, which purported to amend the A New Tax System (Family Assistance) (Administration) Act 1999 to repeal sections 111A to 118 of that Act and replace them with new sections 111A to 127. A parliamentary amendment was made to item 22 to insert before the proposed new section 112 a proposed new section 111B. However, it also inserted a redundant item 21A heading and redundant amending text into the A New Tax System (Family Assistance) (Administration) Act 1999. Item 9 repeals that redundant item heading and text.
Item 10
24 Subsection 35(3) of the Australian Capital Territory (Planning and Land Management) Act 1988 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 10 fixes the citation.
Items 11 and 12
25 Items 11 and 12 repeal the redundant definitions of Bureau and Director in subsection 3(1) of the Australian Nuclear Science and Technology Organisation Act 1987. Those definitions are redundant as those terms are not used in that Act.
Item 13
26 Subsection 23(3) of the Child Support (Registration and Collection) Act 1988 contains an incorrect cross-reference as it refers to subsection 23(1) of the Act. However, that provision is about the wrong topic (when the section applies). The correct provision to refer to is subsection 23(2) of the Act, as it deals with the right topic (giving notice). Item 13 corrects the cross-reference.
Item 14
27 Subsections 28A(2) and (6) of the Child Support (Registration and Collection) Act 1988 contain incorrect cross-references as they refer to paragraph 28(c) of the Act. However, there is no such provision. The correct provision to refer to is paragraph 28(1)(c) of the Act, as item 71 of Schedule 2 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 renumbered section 28 of the Child Support (Registration and Collection) Act 1988 as subsection 28(1). Item 14 corrects the cross-reference.
Item 15
28 Subsection 44(10) of the Child Support (Registration and Collection) Act 1988 contains a typographical error as the subsection refers to an "entry in the Child Support Registrar" rather than an "entry in the Child Support Register". Item 15 corrects that typographical error.
Item 16
29 Subsection 22(3) of the Commonwealth Electoral Act 1918 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 16 fixes the citation.
Item 17
30 Subsection 9A(3) of the Commonwealth Grants Commission Act 1973 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 17 fixes the citation.
Item 18
31 Subsection 218A(2) of the Customs Act 1901 contains a grammatical error as it refers to "Collector is be taken to have reason to believe" rather than "Collector is taken to have reason to believe". Item 18 corrects that grammatical error.
Item 19
32 Subsection 58Q(4) of the Defence Act 1903 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 19 fixes the citation.
Item 20
33 Subsection 6(7) of the Local Government (Financial Assistance) Act 1995 contains a spelling error as it refers to "national principals" being in force under section 6 rather than "national principles". Item 20 corrects that spelling error.
Item 21
34 Paragraph 10(6)(ab) of the Long Service Leave (Commonwealth Employees) Act 1976 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 21 fixes the citation.
Item 22
35 The Migration Act 1958 contains two provisions numbered note 2 to subsection 65(1). Item 22 renumbers the note 2 that was inserted by item 13 of Schedule 4 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 as note 3.
Item 23
36 Section 6 of the Ministers of State Act 1952 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 23 fixes the citation.
Item 24
37 Section 4 of the Parliamentary Allowances Act 1952 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 24 fixes the citation.
Item 25
38 Paragraph (f) of the definition of holder of an office of profit under the Commonwealth in subsection 21B(1) of the Parliamentary Contributory Superannuation Act 1948 contains a citation error as it refers to the Remuneration Tribunal s Act 1973. However, it is correct to refer to the Remuneration Tribunal Act 1973, as section 1 of the Remuneration Tribunal Act 1973 states it may be cited that way, following amendments made to that Act by Schedule 2 to the Industrial Relations (Consequential Provisions) Act 1988. Item 25 fixes the citation.
Item 26
39 Note 3 of subsection 53D(1) of the Veterans' Entitlements Act 1986 contains an incorrect cross-reference as it refers to Division 8A of Part III of the Act. However, there is no such Division. The correct provision to refer to is Division 3 of Part IIIB of the Act, as that Division was renumbered as such following a restructure and it deals with the right topic. Item 26 corrects the cross-reference.
Item 27
40 Subsection 196ZE(3) of the Veterans' Entitlements Act 1986 contains a grammatical error as it refers to "the branches of medical science expertise in which would be necessary" rather than "the branches of medical science expertise which would be necessary". Item 27 corrects that grammatical error.